HomeMy Public PortalAbout12.15.2015 City Council Meeting PacketMEDINA
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, December 15, 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 December 1, 2015 Regular Council Meeting
V. CONSENT AGENDA
A. Approve 2016 Meeting Calendar
B. Approve Addendum to Recording Secretary Service Agreement
C. Amend Personnel Policy 4.20 Salaries and Wages
D. Resolution Accepting Watermain Improvements at 190 Westfalen Trail
E. Resolution Accepting Resignation of Clark Palmer
F. Approve Associate Planner Job Description and Reclassification of Debra Peterson to Associate
Planner
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. NEW BUSINESS
A. Sioux Drive Turn Lane Improvement Project - Public Hearing
1. Resolution Receiving the Amended Feasibility Report for the 2016 Sioux Drive Turn Lane
Improvement Project and Ordering the Improvement
B. Conservation Easement Tax Valuation Discussion
VIII. CITY ADMINISTRATOR REPORT
A. Hamel Volunteer Fire Department Contract Change Request
IX. MAYOR & CITY COUNCIL REPORTS
X. APPROVAL TO PAY BILLS
XI. ADJOURN
Posted 12/10/2015 Page 1 of 1
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: December 10, 2015
DATE OF MEETING: December 15, 2015
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Approve 2016 Meeting Calendar - Attached is the meeting calendar for City Council
meetings, Planning Commission meetings, Park Commission meetings, and holidays for
2016. While the regular Council meetings are set by City Code Section 200.01 for the
first and third Tuesday at 7:00 p.m. in City Hall, there are some meeting dates that need
to be changed. The attached calendar includes those date changes, along with all of the
work session/special meeting dates on the third Tuesday of each month. Please note that
the meeting calendar also sets the 2016 goal setting session for 4 p.m. on January 19th
Staff recommends approval of the meeting dates and calendar.
See attached calendar.
B. Approve Addendum to Recording Secretary Service Agreement — TimeSaver Off Site
Secretarial is proposing a rate increase of about 2.25% for 2016 for our recording
secretary service agreement. Staff recommends approval.
See attached agreement.
C. Amend Personnel Policy 4.20 Salaries and Wages — Minnesota law now requires wage
disclosure protection rights and remedies to be included in employer personnel
handbooks. Staff recommends approval of the personnel policy amendment to be in
compliance with state law.
See attached memo and policy.
D. Resolution Accepting Watermain Improvements at 190 Westfalen Trail — The developer
has completed construction of the watermain infrastructure improvements per the
development agreement and has submitted a warranty bond regarding repair or
replacement of any defects for two years. Staff recommends approving the resolution
accepting the watermain improvements at 190 Westfalen Trail.
See attached resolution.
E. Resolution Accepting Resignation of Clark Palmer — Clark Palmer recently began
employment with the City on November 9th as a part-time office assistant in the
Planning/Building department. His main focus was scanning building permit files into
our electronic management software (Laserfiche). Clark has recently accepted a full time
Associate Planner position with the City of Anoka. Staff recommends approving the
resolution accepting his resignation. Staff is currently contemplating how to handle the
future scanning needs of the building permit files and will likely bring a recommendation
to the City Council in early 2016.
See attached resolution.
F. Approve Associate Planner Job Description and Reclassification of Debra Peterson to
Associate Planner — At the September 1, 2015 meeting the City Council approved the
City's Staff Needs Analysis. This document identified a need for more professional in-
house plan review and recommended promoting Planning Assistant Debra Peterson to
Associate Planner in 2016. The position will move from a 3-4 pay grade to a 5-6 pay
grade, which has been budgeted for in the 2016 budget. In order to provide the Associate
Planner more time for planning activities, the Administrative Assistant to Planning and
Public Works would assist with additional administrative and daily building permit
activities. Some of the Administrative Assistant's responsibilities have also been shifted
to others to allow for this transition. Staff recommends approval.
See attached memo and job description.
VII. NEW BUSINESS
A. Sioux Drive Turn Lane Improvement Project — Public Hearing — At the November 17th
meeting, discussion took place on amending the feasibility report and holding a public
hearing on the Sioux Drive turn lane improvement project to allow for the possibility to
include 45 Highway 55 as a potential assessment parcel. A Public Hearing has been
noticed and staff recommends holding the public hearing on the project consistent with
the notice.
See attached memo, resolution and feasibility report.
Recommended Motion: Adopt the resolution receiving the amended feasibility
report for the 2016 Sioux Drive Turn Lane Improvement Project and ordering the
project
B. Conservation Easement Tax Valuation Discussion — At the December 1, 2015 City
Council meeting, Mayor Mitchell discussed a request from former mayor Liz Weir that
he sign a letter of support to amend Minnesota Statute 273.11 related to Conservation
Property Tax Valuation. If the City Council believes that the current law acts as a
disincentive for conservation easements and is not concerned about potential fiscal
impacts, the Council could direct staff to draft a letter of support for an amendment or to
take actions to advocate for an amendment.
See attached memo.
VIII. CITY ADMINISTRATOR REPORT
A. Hamel Volunteer Fire Department Contract Change Request — Staff received a request
for contract changes from the Hamel Fire Department. Staff is in the process of
reviewing the proposed changes with City Attorney Ron Batty, Mayor Mitchell, and
Council Member Pederson.
See attached memo and letter.
2
X. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 003433E-003454E for $46,396.90,
order check numbers 043692-43759 for $448, 073.15 and payroll EFT 506816-506847 for
$51,177.81.
INFORMATION PACKET
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
3
DRAFT
2
3 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 1, 2015
4
5 The City Council of Medina, Minnesota met in regular session on December 1, 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, City Finance Director Erin Barnhart, Public
16 Works Director Steve Scherer, Chief of Police Ed Belland, and Recording Secretary
17 Amanda 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 November 17, 2015 Special City Council Meeting Minutes
27 Moved by Martin, seconded by Anderson, to approve the November 17, 2015 special
28 City Council meeting minutes as presented. Motion passed unanimously.
29
30 B. Approval of the November 17, 2015 Regular City Council Meeting Minutes
31 It was noted on page two, line 21, it should state, "...which would be of assistance... On
32 page three, line 15, it should state, "...of the Arndt property's right..."
33 On page three, line 37, it should state, "...confirmed requested confirmation..." On page
34 four, line four, it should state, "...a the community conservation water quality meeting he
35 attended far at the ..." On page four, line 12, it should state, "...Watershed Pioneer
36 Sarah Creek Watershed District meeting..." On page four, line 19, it should state,
37 "...Steering Committee meetings..."
38
39 Moved by Cousineau, seconded by Anderson, to approve the November 17, 2015
40 regular City Council meeting minutes as amended. Motion passed unanimously.
41
42 V. CONSENT AGENDA (7:05 p.m.)
43
44 A. Approve 2016 Tobacco License Renewals
45 B. Resolution No. 2015-99 Accepting Public Utilities within Woodland Hill
46 Preserve
47 C. Resolution No. 2015-100 Accepting Donation from Long Lake Glass
48 D. Resolution No. 2015-101 Accepting Donation from Caribou Coffee
49 Johnson briefly provided descriptions of the items included on the Consent Agenda. He
50 stated that the City greatly appreciates the donation of coffee from Caribou Coffee for
51 fire and police personnel.
Medina City Council Meeting Minutes 1
December 1, 2015
1
2 Moved by Anderson, seconded by Pederson, to approve the consent agenda. Motion
3 passed unanimously.
4
5 VI. COMMENTS (7:07 p.m.)
6
7 A. Comments from Citizens on Items not on the Agenda
8 There were none.
9
10 B. Park Commission
11 Scherer provided an update on the discussion that the Park Commission had at their last
12 meeting regarding the recreational field use and fees. He stated that the Commission
13 also gave authorization for staff to contact a property owner that owns a parcel that is
14 segregated from the remainder of their property and would be useful for access to
15 Tomann Park. He noted that the property owner is interested in selling that portion of his
16 property and advised that the item will probably come before the Council in the future.
17
18 C. Planning Commission
19 Finke reported that the Planning Commission will meet the following week to consider
20 four public hearings, a rearrangement of eight substandard lots into 2 lots on Ardmore
21 Avenue near Independence Beach; a review of a PUD for construction of a restaurant
22 with an office above it at Medina Clydesdale Marketplace; a rezoning request for
23 property at 45 Highway 55, east of the Aldi site, in anticipation of commercial
24 development; and sign placement for the Woodland Hills development.
25
26 VII. NEW BUSINESS
27
28 A. 2016 Budget (7:10 p.m.)
29
30 1. Budget and Tax Levy Presentation — Public Comment
31 Johnson stated that the proposed budget and tax levy is consistent with what was
32 discussed and preliminarily certified in September.
33
34 Barnhart reviewed some of the major budget issues when considering the 2016 budget
35 including that the City does not receive State Aid, decreasing revenues, debt service and
36 capital levies, the Comprehensive Plan (which is updated every 10 years), and the
37 election. She noted that it has been determined that budgeting for the Comprehensive
38 Plan and elections will occur annually as to not cause a problem when the event arises.
39 She reviewed the proposed 2016 budget noting that the proposed General Fund budget
40 is proposed at $4,253,394. She advised that includes a 5.2 percent increase to the
41 General Fund property tax levy and a two percent cost of living adjustment for staff, as
42 well as an increase of three percent to the utility fund. She provided information on
43 market value increases and the tax capacity of the City.
44
45 Mitchell stressed the importance of tracking information correctly in order to have a
46 correct comparison.
47
48 Barnhart continued to review the budget and levy information including the tax levy
49 comparison of the City compared to Medina, noting that bonded debt of other cities was
50 not included in the comparison in the presentation, but was included with the meeting
51 handout.
Medina City Council Meeting Minutes 2
December 1, 2015
1
2 Mitchell asked if that information would be helpful.
3
4 Barnhart stated that she received that information from Hennepin County today, for the
5 first time ever, and would include that information on the comparison for future benefit.
6 She reported that the proposed tax rate for 2016 is 23.3 percent, which is a one percent
7 decrease from the previous year.
8
9 Mitchell stated that as the data is honed the Council and staff will be able to use that
10 information for the benefit of the City.
11
12 Johnson provided further clarification in regard to the local tax capacity rate estimate,
13 noting that the City had great timing and was able to offset some of the cost of 600
14 Clydesdale with the increase in growth.
15
16 Barnhart provided the taxes payable and tax rate history from 2007 through 2014 and
17 provided a breakdown of what the property taxes are used for, noting that the amount is
18 split between the County (44%), schools (25%), City (23%) and other sources (8%).
19 She identified long-term needs for the City such as roads, which includes funding for the
20 road pavement management plan, minor City projects, and proposed road capital
21 improvement projects; health insurance, as new options will be available when the City
22 leaves the large group consortium; fire, as equipment replacement and facility expansion
23 options continue to be reviewed but all options require increased funding; and
24 equipment, noting that replacement of City equipment may need to be financed through
25 equipment certificate of debt beginning in 2017.
26
27 Mitchell asked for additional information on decreased revenue from fines and
28 forfeitures.
29
30 Barnhart explained that those are funds that come back to the City through the Hennepin
31 County courts, noting that there was a decrease last year and a significant decrease this
32 year. She stated that the budget needed to reflect those changes.
33
34 Belland provided additional explanation noting that Hennepin County changed to the
35 statewide fine system to remain consistent. He stated that the traffic numbers are down
36 considerably in the last year, mainly due to personnel. He stated that the time is being
37 spent more on the growth, noting that a traffic stop only takes 12 to 15 minutes while a
38 theft call can take one hour. He stated that as the City demographics change and the
39 City grows, the department is spending more time on longer service calls.
40
41 Anderson stated that perhaps the additional education and enforcement of DUI has had
42 an effect.
43
44 Belland confirmed that the DUI incidents have decreased. He noted that the prosecution
45 costs have also dropped in half as the City does not have to pay for the legal services
46 when those cases are not occurring.
47
48 Mitchell stated that the Medina Police received a check earlier this year and asked if that
49 would be considered under fines and forfeitures.
50
Medina City Council Meeting Minutes 3
December 1, 2015
I Belland explained that is a reimbursement from Hennepin County for participation in the
2 Drug Task Force.
3
4 Mitchell referenced the proposed budget increase of $133,000 and asked how much of
5 that is related to the annual budgeting for the Comprehensive Plan and elections.
6
7 Barnhart stated that starting in 2016 $8,000 is budgeted each year for the
8 Comprehensive Plan update. She noted that $12,000 had already been budgeted for
9 the election next year but going forward beginning in 2017 the cost would be split
10 annually to be $6,000 per year.
11
12 Martin asked if there was anything that jumped out or was surprising during the budget
13 process.
14
15 Barnhart stated that the department heads have been really efficient in tracking their
16 budget needs. She stated that litigation is an area where a lot of unbudgeted funds were
17 incurred.
18
19 Anderson stated that this is Barnhart's first full year developing the budget alone, and
20 with City staff, and commended her on her great effort and result.
21
22 Mitchell asked if any members of the public would like to speak.
23
24 No comments made.
25
26 2. Resolution No. 2015-102 Approving 2016 Final Tax Levy
27 Moved by Martin, seconded by Anderson, to adopt Resolution No. 2015-102 Approving
28 the 2016 Final Tax Levy.
29
30 Further discussion: Mitchell asked for further clarification on the first two pages in the
31 packet.
32
33 Barnhart stated that the second page of the summary provides a breakdown of capital
34 levies and debt service. She noted the first page of the packet includes rough scenarios
35 of market value and the impact that the tax rate would have on those property values.
36
37 Mitchell noted that this is the same data that the Council reviewed earlier this fall and
38 certified to the County and the information has not changed since that review.
39
40 Motion passed unanimously.
41
42 3. Resolution No. 2015-103 Approving 2016 Final Budget
43 Johnson noted that one figure for the capital improvement plan is actually $5,000 higher
44 than what had been included in the packet. He advised that the information in the
45 revised Resolution is correct.
46
47 Barnhart noted that the item was in regard to the electrical wiring of the gas pumps at
48 600 Clydesdale.
49
50 Scherer provided additional information on the gas pumps at 600 Clydesdale, noting that
51 the cost was an estimate at this point because of the special wiring that is required.
Medina City Council Meeting Minutes 4
December 1, 2015
1
2 Anderson asked if it would be helpful to keep the unground tanks at City Hall in addition
3 to the above ground tanks at 600 Clydesdale.
4
5 Scherer noted that the underground tanks would continue to be used for the time being
6 but the decision may come in the future for the City to only use the above ground tanks.
7
8 Moved by Martin, seconded by Cousineau, to adopt Resolution No. 2015-103 Approving
9 the 2016 Final Budget, which shows the Capital Improvement Plan budget as
10 $1,543,554. Motion passed unanimously.
11
12 B. Ordinance No. 593 Amending Fee Schedule — Public Hearing (7:44 p.m.)
13 Johnson provided a brief highlight of proposed changes to the fee schedule.
14
15 Moved by Martin, seconded by Anderson, to open the public hearing at 7:45 p.m.
16 Motion passed unanimously.
17
18 No comment made.
19
20 Moved by Martin, seconded by Anderson, to close the public hearing at 7:45 p.m.
21 Motion passed unanimously.
22
23 Moved by Martin, seconded by Pederson, to adopt Ordinance No. 593 adopting an
24 Amended Fee Schedule. Motion passed unanimously.
25
26 1. Resolution No. 2015-104 Authorizing Publication of Ordinance
27 No. 593 by Title and Summary
28 Moved by Anderson, seconded by Cousineau, to adopt Resolution No. 2015-104
29 Authorizing Publication of Ordinance No. 593 by Title and Summary. Motion passed
30 unanimously.
31
32 VIII. OLD BUSINESS
33
34 A. Resolution No. 2015-105 Granting Extension of Time to Submit Final Plat
35 for Woods of Medina Amending Resolution No. 2014-04 (7:47 p.m.)
36 Pederson recused himself from the discussion.
37
38 Johnson stated that the request is to extend the deadline for the Final Plat submission
39 from January 7, 2015 to January 7, 2017, which will allow additional time for the property
40 owner.
41
42 Moved by Cousineau, seconded by Anderson, to adopt Resolution No. 2015-105
43 Granting Extension of Time to Submit Final Plat for Woods of Medina Amending
44 Resolution No. 2014-04. Motion passed unanimously.
45
46 Pederson rejoined the Council.
47
48 IX. CITY ADMINISTRATOR REPORT (7:48 p.m.)
49 Johnson reported that the Aldi grand opening will occur on December 17th. He also
50 provided information on a meeting he and Cousineau had with Senator Osmek regarding
Medina City Council Meeting Minutes 5
December 1, 2015
1 the railroad quiet zones and noted that staff will continue to work with Osmek going
2 forward on the item.
3
4 X. MAYOR & CITY COUNCIL REPORTS (7:49 p.m.)
5 Mitchell noted a resident concern. He noted that he spoke with staff in regard to
6 updating the fire data.
7
8 Barnhart confirmed that she will be updating those figures.
9
10 Mitchell stated that staff reviewed the three fire contracts, and how the cities are being
11 charged, and noted that the final review found that all the different contract language
12 was reasonable. He advised of additional updates that will be made to the budgeting
13 documents as well, noting that this information will ensure that everyone understands
14 and is working with the same information. He stated that he received an email from
15 former Mayor Weir regarding State Statute 273.117, regarding taxing and conservation
16 easements. He stated that Weir asked if Mitchell and the Council would write a letter
17 asking for a change to that statute. He was unsure whether the Council would support
18 taking a stand on that issue.
19
20 Martin stated that perhaps the Council should further discuss that item during a future
21 work session.
22
23 Batty stated that he can look into the item further and noted that if the Council wished to
24 ask for support it would most likely be addressed to the legislature.
25
26 XI. APPROVAL TO PAY THE BILLS (7:55 p.m.)
27 Moved by Anderson, seconded by Cousineau, to approve the bills, EFT 003407E-
28 003432E for $60,120.99, order check numbers 043621-043691 for $256,895.81 and
29 payroll EFT 506779-506815 for $45,159.66. Motion passed unanimously.
30
31 XII. ADJOURN
32 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 7:55 p.m.
33 Motion passed unanimously.
34
35
36
37 Bob Mitchell, Mayor
38 Attest:
39
40
41 Scott Johnson, City Administrator
Medina City Council Meeting Minutes 6
December 1, 2015
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January 19th: 4 PM Goal Setting Session
March 1st: Precinct Caucuses
April 6th: 6:30 PM Board of Appeal and Equalization Meeting
August 2nd: Night to Unite
August 9th: Primary Election
November 8th: Local, State & Federal Elections
MEDINA
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2016
MEETING
CALENDAR
CITY COUNCIL - 7:00 pm
1st Tuesdays*
WORK SESSION - 6:00 pm
CITY COUNCIL - 7:00 pm
3rd Tuesdays*
PLANNING COMMISSION - 7:00 pm
2nd Tuesdays*
PARK COMMISSION - 7:00 pm
3rd Wednesdays*
HOLIDAYS
*unless otherwise noted
ADDENDUM TO
RECORDING SECRETARY SERVICE AGREEMENT
Dated: December 31, 2015
By and between TimeSaver Off Site Secretarial, Inc. and the City of Medina, 2052 County Road 24,
Medina, MN 55340.
1. EXTENSION OF RECORDING SECRETARIAL SERVICE AGREEMENT: The term of
the existing Recording Secretary Service Agreement dated December 31, 2014 shall be
extended under the same terms and conditions to December 31, 2016.
2. TOSS Charges. TOSS shall be paid for its services as recording secretary for each meeting
(the highest rate will prevail), as follows:
a. Base Rate of One Hundred Thirty -Six and 00/100 dollars ($136.00) for any meeting
up to one (1) hour (billable time) plus Thirty -Three and 50/100 dollars ($33.50) for
each thirty (30) minutes following the first one (1) hours; or
b. Twenty -Nine and 00/100 dollars ($29.00) per hour for length of meeting, and fifteen
(15) minutes prior to Call to Order and fifteen (15) minutes following Adjournment
with a one and one-half (1.5) hour minimum; and Thirteen and 57/100 dollars
($13.75) for each page of minutes prepared from shorthand or machine notes of the
recording secretary as draft minutes for submission to and the review and comment of
the City of Medina for their preparation of final minutes.
At the end of the term of this Addendum or any extension of it, the parties may make a new
Agreement or extend or modify the terns of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording
Secretary Service Agreement as of the day and year indicated.
January , 2016
CITY OF MEDINA
By
Bob Mitchell
Its Mayor
By
Scott Johnson
Its City Administrator
December 1, 2015 TIMESAVER OFF SITE SECRETARIAL, INC.
By
eph., Teittk_
Carla Wirth
Its President & CEO
Agenda Item # 5 C
MEMORANDUM
TO:
FROM:
DATE:
MEETING:
SUBJECT:
City Council, through City Administrator Scott Johnson
Jodi Gallup, Assistant to City Administrator
December 9, 2015
December 15, 2015
Personnel Policy 4.20 Salaries and Wages
During the 2015 legislative session, Minnesota adopted a statute that gives employees the right
to share compensation information and bars employers from prohibiting such sharing. The
statute also requires employers who have an employee handbook to include a notice to
employees of this right (Minn. Stat. § 181.172)
While the Minnesota Government Data Practices Act (Minn. Stat. § 13.43), specifically lists an
employee's actual gross salary and salary range as public personnel data, Minnesota law also
now requires wage disclosure protection rights and remedies to be included in employer
personnel handbooks. Staff has worked with the League of Minnesota Cities to draft the
proposed language changes to our personnel policy to be in compliance with the new law.
Recommendation:
Amend Personnel Policy 4.20 Salaries and Wages to include the wage disclosure protection
notice.
Personnel Policy
MEDINA
4.20 Salaries and Wages
Purpose:
To define the process to assign a pay rate to employees.
Policy:
An employee shall not be paid less than the minimum rate nor more than the maximum
rate for their assigned job classification.
New Hire
New regular full-time and part-time employees will generally be hired at the minimum
pay rate of the appropriate pay range. Subject to City Council approval, the City
Administrator may recommend a starting salary or hourly wage to an appropriate salary
level based on prior comparable experience and/or changing market conditions.
Cost Of Living Adjustment (COLA)
The City Council will review and consider establishing a COLA on an annual basis.
Upon the City Council approving a COLA, the City's pay grade system shall be adjusted
by the COLA accordingly.
Merit Increases
The date for consideration of a merit increase for a regular employee shall be at the end
of a calendar year. All employee pay increases take effect on January 1 of each calendar
year. The date for consideration of a merit increase for a new employee shall be at the
successful completion of the probationary period. Increases for new hires and all other
employees shall be at one-year intervals until such time as the employee reaches the
maximum rate of pay for the assigned classification. The City Administrator may
recommend the adjustment of a salary or hourly rate other than at the one-year interval.
Performance Reviews
Department heads shall review an employee's job performance through the use of an
employee evaluation form as approved by the City Administrator, near completion of the
probationary period for new employees and at one-year intervals for other employees.
The completed evaluation form must be reviewed and signed by the department head and
submitted to the City Administrator prior to the implementation of any recommended pay
increases. A copy of the completed evaluation shall be provided to the employee and
placed in the employee's personnel file.
4.20 Salaries and Wages
Temporary and Seasonal Employees
Temporary and seasonal employees will be paid at an hourly rate determined by the City
Administrator.
Promotions
An employee's rate of pay upon promotion will be assigned per the recommendation of
the City Administrator in accordance with the job classification, subject to City Council
approval.
Wage Disclosure Protection
Under the Minnesota Wage Disclosure Protection Law, employees have the right to tell
any person the amount of their own wages. While the Minnesota Government Data
Practices Act (Minn. Stat. § 13.43), specifically lists an employee's actual gross salary
and salary range as public personnel data, Minnesota law also requires wage disclosure
protection rights and remedies to be included in employer personnel handbooks. To that
end, and in accordance with Minn. Stat. 181.172, employers may not:
• Require nondisclosure by an employee of his or her wages as a condition of
employment.
• Require an employee to sign a waiver or other document which purports to deny an
employee the right to disclose the employee's wages.
• Take any adverse employment action against an employee for disclosing the
employee's own wages or discussing another employee's wages which have been
disclosed voluntarily.
• Retaliate against an employee for asserting rights or remedies under Minn. Stat.
§ 181.172, subd. 3.
The city cannot retaliate against an employee for disclosing his/her own wages. An
employee's remedies under the Wage Disclosure Protection Law are to bring a civil
action against the city and/or file a complaint with the Minnesota Depaitment of Labor
and Industry at (651) 284-5070 or (800) 342-5354.
Approved By: Medina City Council Date: December 20, 2005; Amended December
21, 2010 and December 15, 2015.
4.20 Salaries and Wages
Formatted: Underline
Agenda Item # 5D
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2015-##
RESOLUTION ACCEPTING WATERMAIN IMPROVEMENTS
AT 190 WESTFALEN TRAIL
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, IP II Hamel, LLC, (the "Developer") has constructed improvements on
certain land within the City at 190 Westfalen Trail (the "Property") for the purpose of developing
a commercial building; and
WHEREAS, the Developer and the City have previously entered into an agreement
dated March 18, 2008 (the "Development Agreement") related to the development of the
Property; and
WHEREAS, consistent with the terms of the Development Agreement, the Developer
has completed construction of watermain infrastructure improvements (the "Utility
Improvements") to serve the Property; and
WHEREAS, the Utility Improvements are intended to be accepted as public
improvements following construction, subject to certain conditions noted in the Development
Agreement including that the Developer or the Developer's contractor submit a warranty bond
regarding repair or replacement of any defects for two years;
WHEREAS, the Developer or the Developer's contractor has submitted a warranty bond
and requested that the City accept the Utility Improvements.
NOW, THEREFORE BE IT RESOLVED, by the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Utility Improvements as public improvements and shall
maintain them, except as provided for herein.
2. The Developer shall remain responsible to repair or replace defective portions of the
Utility Improvements if they show signs of failure for two years from the date of this
resolution, normal wear and tear excepted.
3. If the Developer shall fail to repair or replace defective portions of the Utility
Improvements as required herein and pursuant to the Development Agreement, the City
shall utilize the warranty bond for such purpose.
Resolution No. 2015-##
December 15, 2015
Dated: December 15, 2015.
By:
Bob Mitchell, Mayor
Attest:
By:
Scott T. Johnson, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon 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. 20154# 2
December 15, 2015
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2015-
RESOLUTION ACCEPTING RESIGNATION OF CLARK
PALMER
WHEREAS, Clark Palmer is currently employed as a part-time planning office assistant by
the city of Medina; and
WHEREAS, on December 8, 2015, Clark Palmer submitted a letter of resignation from his
position addressed to the city; and
WHEREAS, Clark Palmer's resignation from his position shall become effective on
December 22, 2015.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that
Clark Palmer's letter of resignation is hereby accepted.
Dated: December 15, 2015.
Bob Mitchell, Mayor
ATTEST:
Scott T. Johnson, City Administrator - Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015-
December 15, 2015
CLARK A. PALMER
250 Carlson Parkway, #309, Minnetonka, MN 55305
e: palme466@umn.edu • p: 952-465-6907
December 8, 2015
Dusty Finke, City Planner
City of Medina
Planning & Zoning Department
2052 County Road 24
Medina, MN 55340
Dear Mr. Dusty Finke,
Please accept this letter as my 2-week written notice to you and the city of my resignation from
the position of Planning/Building Office Assistant. I have accepted the position of Associate
Planner with the City of Anoka. My last day will be December 22, 2015. I hope that you will
provide me with a positive reference in the future.
I appreciate the opportunity I have had with the City of Medina. I wish the very best to the City
of Medina and staff.
Warm regards,
ee&-ri
Clark Palmer
Planning/Building Office Assistant
City of Medina
Agenda Item # 5F
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: December 10, 2015
MEETING: December 15, 2015 City Council
SUBJ: Planning Assistant to Associate Planner Job Description Adjustment
Background
After various work session discussions throughout 2015, the City Council approved the 2015
Staff Needs Analysis at the September et meeting. The Staff Needs Analysis identified a need
for additional time for on -staff professional planning services.
The Staff Needs Analysis recommended the promotion of the Planning Assistant to Associate
Planner in 2016. The Associate Planner position would provide additional professional planning
services including review of subdivision and land -use applications in addition to most of the
current responsibilities of the Planning Assistant. In order to provide the Associate Planner more
time for planning activities, the Administrative Assistant to Planning and Public Works would
assist with additional administrative and daily building permit activities.
In connection with the hiring of staff (combining part-time Finance position with part-time
Police position) in the Finance Department, some administrative tasks have been transferred out
of the Planning Department such as the coordination of Celebration Day and processing
homestead applications. This transfer will allow some additional time for the Administrative
Assistant to Planning and Public Works to provide more daily support for building permit
activities of the Planning Department.
Associate Planner Job Description
Staff recommends approval of the attached job description for Associate Planner. The
description is similar to the description used previously for the position, but has been amended to
include additional involvement with coordinating the building permit process. This will still be a
major responsibility for the position unless or until the City would hire additional administrative
support in the Planning Department.
Associate Planner Appointment
Deb Peterson has served as the Planning Assistant since April 2008. She previously provided
consultant planning services to the cities of Elko -New Market and New Prague and previously
served as a Senior Planner for the city of Burnsville. Deb has the experience and skills to
provide additional professional services to the department while continuing to successfully
coordinate the City's building permit activities.
Potential Council Action
Move to approve the Associate Planner job description and to appoint Deb Peterson to the
position effective January 1, 2016.
Attachment - Associate Planner Job Description
Planning Assistant to Associate Planner
Page 1 of 1 December 15, 2015
Job Description Adjustment City Council Meeting
City of Medina Position Description
ASSOCIATE PLANNER
Position Title: Associate Planner
Department: Planning and Zoning
Supervisor's Title: City Planner
Pay Grade: Step 5-6, DOQ
FLSA Status: NON-EXEMPT
Work Status: Full -Time
PRIMARY OBJECTIVE OF POSITION
Performs highly responsible professional work related to planning and development plan review,
including the implementation of the City's Zoning and Subdivision regulations as well as the
Comprehensive Plan. Prepares reports, provides presentations and makes recommendations to the City
Planner, Planning Commission and City Council on land use applications and zoning regulation
ordinances. Reviews building permits for compliance with the City's zoning regulations and
administers building permit process with assistance of Office Assistant(s).
ESSENTIAL FUNCTIONS OF POSITION
■ Reviews land use development plans for consistency with City plans, land use regulations, policies and
applicable State and environmental regulations.
o Performs complex reviews and analysis of site planning, variance, conditional use permit,
subdivision, design standards, and other land use applications and prepares clear reports for City
Planner, Planning Commission and City Council.
o Recommends changes to bring proposed plans into conformance.
o Coordinates comments of other City staff and consultants to develop project reports.
o Drafts resolutions for adoption by City Council and assists with preparation of other development
related documents.
o Provides necessary follow-up to questions and applications, including verbal and written
communication with applicants, developers, engineers, architects, attorneys, realtors, etc.
■ Conducts review of building permits for compliance with zoning regulations.
■ With assistance of Office Assistant(s), coordinates the issuance of building and other permits, the
collection of relevant fees, and the maintenance of property record files
■ Assists in preparation of reports and surcharges related to Planning/Zoning and Building Inspection
activity for the Metropolitan Council, DNR, PCA, Bureau of Census, and other agencies.
■ Administers the process of receiving and distributing various land use applications to city staff, city
consultants, and outside review agencies or jurisdictions.
■ Schedules hearings, notifies applicants and prepares legal notices for mailing and publication. Track
relevant review deadlines.
■ Prepares zoning regulation ordinances consistent with the City's Comprehensive Plan. Assists in
identifying zoning amendments as needed.
■ Attends Planning Commission meetings and City Council meetings as directed by the City Planner.
■ Answers planning related questions and provides information requested by residents and other members
of the public.
■ Coordinates the City's code enforcement activities, including tracking complaints and providing follow-
up.
■ Assists with the maintenance of the City's Geographic Information System (GIS).
■ Communicates City's vision, goals and policies effectively to developers and to general public.
■ Represents the City of Medina in a tactful manner that commands respect of the public, contractors,
developers and others. Works closely with community organizations, interested citizens and
committees relative to planning functions.
OTHER DUTIES AND RESPONSIBILITIES
■ Works closely with the community, citizens and committees relative to planning functions.
■ Works with Planning Department to maintain the organization of planning project files and property
files.
City Council Approved:
City of Medina Position Description
ASSOCIATE PLANNER
■ Provides analysis on policies with regards to park & trail planning, housing and economic development
as directed by the City Planner.
■ Documents billable hours for review of land -use or other applications in a timely manner.
■ Performs other duties and responsibilities as apparent or assigned by the City Administrator and/or City
Planner.
■ Provides good working habits and a willingness to cooperate with others and contribute in a positive
way to a pleasant working climate.
HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING
KNOWLEDGE, SHILLS, AND ABILITIES:
■ Knowledge of municipal planning and zoning principles, practices and ordinances.
■ Knowledge of land use laws in the State of Minnesota.
■ Knowledge of environmental practices and laws.
■ Skill in coordinating flow of information/communication between staff, Planning Commission, and
City Council, with the ability to effectively manage time and work to meet deadlines.
■ Skill of excellent verbal and written communication.
■ Ability to apply City's strict development regulations assertively, but with tact and diplomacy.
■ Ability to be public service oriented with tactful and effective conflict resolution skills.
■ Ability to make effective oral presentations to the Planning Commission and City Council.
■ Ability to establish/maintain effective work relationships with a variety of groups and individuals.
■ Ability to have a creative, inquiring and innovative manner willing to explore new approaches,
implement new methods, and be receptive to suggestions of others.
■ Will have a high degree of integrity and a high sense of personal and professional ethics.
Machines, tools, and equipment used: City or personal vehicles, computer and printer, plotter, phone, fax,
scanners, calculator, and other typical office equipment; Microsoft XP applications; Arc GIS, TerraSync
GPS, Pathfinder GPS, Pictometry, Laserfiche, Banyon Data Systems and other software/programs.
MINIMUM QUALIFICATIONS
■ Bachelors Degree in community development, planning, urban studies, geography, or related field.
■ At least two years of planning experience, preferably with a municipality (or consulting firm
representing a municipality).
■ Valid Minnesota driver's license or ability to obtain one prior to start date.
■ Knowledge of Arc GIS software .
DESIRABLE QUALIFICATIONS
■ Additional years of planning experience, preferably with a municipality (or consulting firm representing
a municipality).
■ Master's Degree in community development, planning, urban studies or related field (supplementary
municipal planning experience will be considered as an equivalent for Master's Degree during
selection).
■ AICP
■ Environmental experience (i.e. woodlands/wetlands-WCA, floodplain management, tree preservation,
open space, and Low -Impact Development [LID], etc.)
WORKING CONDITIONS
Most work is performed indoor at city hall. The exception is trips to meetings, training, conferences and site
visits/inspections to private development property. Generally, the position requires light lifting, usually less
than 10 pounds, with up to 50 pounds on occasion. Aside from cleansers for cleaning office workspace, no
hazardous materials or chemicals are used on this job.
City Council Approved:
Agenda Item # 7A
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: December 9, 2015
MEETING: December 15, 2015 City Council
SUBJ: 2016 Sioux Drive Turn Lane Improvement Project — Public Hearing
Background
On October 20, 2015, the City Council adopted a resolution receiving the feasibility report and
ordering turn lane improvements to Sioux Drive at Westfalen Trail. These improvements were
anticipated along with commercial development to the west and east of Sioux Drive.
Adjacent developers had entered into petition and waiver agreements in which they agreed to pay
for the cost of the turn lane improvements. These developments include Aldi to the east of Sioux
Drive and Hamel Station (West Financial, Complete Eye Care, Urban Eve, and OAK Eatery to
the west).
At the November 17 Council meeting, staff noted the City has subsequently received a request to
rezone property to the east of the Aldi site at 45 Highway 55. This rezoning is in anticipation of
a commercial development on this site. The concept layout which was submitted along with the
rezoning requests shows primary access to this site from Sioux Drive through an easement on the
Aldi property.
Staff inquired if the City Council believed it was appropriate to amend the feasibility report and
to hold a hearing on the project to allow for the possibility to include the 45 Highway 55 as a
potential assessment parcel.
The Council directed staff to call for a hearing on December 15, 2015 related to the project.
Public Improvement Hearing
The City Council is required to hold a public hearing on whether to order the project and to
provide notice to properties which may be assessed. Notice was provided to the property owner
of 45 Highway 55. The owners of the other sites noted above have waived the need for hearings,
but staff has previously notified them about the project.
Staff recommends that the City Council hold the public hearing on the project consistent with the
notice.
Following the hearing, if the Council agrees with the proposed amended feasibility report and
desires to order the project as described, the following motion would be in order:
Move to adopt the resolution receiving the amended feasibility report for the 2016 Sioux
Drive Turn Lane Improvement Project and ordering the project.
Sioux Drive Turn Lane
Page 1 of 2 December 15, 2015
Improvement Project City Council Meeting
Attachments
1. DRAFT Resolution
2. Updated Feasibility Report
Sioux Drive Turn Lane
Page 2 of 2 December 15, 2015
Improvement Project City Council Meeting
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.
RESOLUTION RECEIVING THE AMENDED FEASIBILITY REPORT FOR THE
2016 SIOUX DRIVE TURN LANE IMPROVEMENT PROJECT
AND ORDERING THE IMPROVEMENT
WHEREAS, pursuant to resolution of the city council adopted September 15, 2015, a
report has been prepared by the city engineer with reference to the proposed 2016 Sioux Drive
Turn Lane Improvement Project, the improvements to Sioux Drive from Westfalen Trail to
Trunk Highway 55 by widening portions of the roadway, reconfiguration of existing turn lanes,
minor storm sewer improvements, and restriping of the intersection; and
WHEREAS, the report was received by the city council on October 20, 2015 and the
proposed improvement was determined to be necessary, cost-effective, and feasible as detailed in
the report; and
WHEREAS, the report has subsequently been amended; and
WHEREAS, the amended report provides information regarding whether the proposed
improvement is necessary, cost-effective, and feasible; whether it should be made as proposed or
in connection with some other improvement; the estimated cost of the improvement as
recommended; and a description of the methodology used to calculate the individual assessments
for affected parcels; and
WHEREAS, on November 17, 2015, the city council called for a public hearing for the
improvement; and
WHEREAS, ten days' mailed notice and two weeks' published notice for the hearing
was given, and the hearing was held on the 15th day of December, 2015, at which all persons
desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, the estimated total cost of the improvement is $219,000.
NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as
follows:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed.
Resolution No.
December 15, 2015
3. WSB and Associates, Inc. is hereby designated as the engineer for this
improvement. The engineer shall prepare plans and specifications for the making of such
improvement.
Dated: December 15, 2015.
Bob Mitchell, Mayor
Attest:
Scott T. Johnson, Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon a vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2
December 15, 2015
MEDINA
City of Medina
2052 County Road 24 • Medina, MN 55340
-,14440.111rZ
FEASIBILITY
Report
October 15, 2015
Amended December 8, 2015
2016 Sioux Drive
Turn Lane
Improvement Project
City of Medina
Hennepin County, Minnesota
WSB Project No. 2772-670
WSB
AssrA ,alv.x, rn .
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
Tel: (763) 541-4800 • Fax: (763) 541-1700
wsbeng.com
FEASIBILITY REPORT
2016 SIOUX DRIVE TURN LANE IMPROVEMENT PROJECT
FOR THE
CITY OF MEDINA, MINNESOTA
October 15, 2015
Amended December 8, 2015
Prepared By:
WSB & Associates, Inc.
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
763-541-4800
763-541-1700 (Fax)
Feasibility Report
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
WSB
& A,rrcxe� engineering • planning • environmental • construction
December 8, 2015
Honorable Mayor and City Council
City of Medina
2052 County Road 24
Medina, MN 55340
Re: Feasibility Report
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Dear Honorable Mayor and City Council Members:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-5414800
Fax: 763-541-1700
Transmitted herewith for your review is an amended feasibility report which addresses proposed
improvements associated with the 2016 Sioux Drive Turn Lane Improvement Project.
I am available at your convenience to discuss this report. Please do not hesitate to contact me at
612-209-5113 or Jim at 763-287-8532 if you have any questions regarding this report.
Sincerely,
WSB & Associates, Inc.
Tom Kellogg, PE
City Engineer
Enclosure
im Stremel, PE
Project Manager
Equal Opportunity Employer
wsbeng.com
CERTIFICATION
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly
Licensed Professional Engineer under the laws of the State of
Minnesota.
Jim Stre el, PE
Date: December 8, 2015 Lic. No. 45782
Quality Control Review Completed By:
/e/r/ /oS �
Tom K ogg, 'f
Date: December 8, 2015 Lic. No. 26917
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
TABLE OF CONTENTS
TITLE SHEET
LETTER OF TRANSMITTAL
CERTIFICATION SHEET
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY 1
2. PROJECT SUMMARY 2
2.1 Introduction 2
2.1.1 Authorization 2
2.1.2 Scope 2
2.1.3 Data Available 2
2.1.4 Project Background 2
2.2 Existing Conditions 3
2.2.1 Surface 3
2.2.2 Sanitary Sewer and Watermain 3
2.2.3 Drainage 3
2.2.4 Private Utilities 3
2.3 Proposed Improvements 4
2.3.1 Roadway 4
2.3.2 Drainage 4
2.3.3 Sanitary Sewer and Watermain 4
2.3.4 Easements 5
2.3.5 Permits/Approvals 5
2.3.6 Construction Access/Staging 5
2.3.7 Public Involvement 5
3. FINANCING 6
3.1 Opinion of Cost 6
3.2 Funding 6
3.3 Preliminary Assessment Roll 6
4. PROPOSED SCHEDULE 7
5. FEASIBILITY, NECESSITY, AND COST EFFECTIVENESS 8
6. CONCLUSIONS AND RECOMMENDATION 9
Appendix A
Figure 1 — Project Location Map
Figure 2 — Typical Section
Appendix B
Engineer's Opinion of Probable Cost
Appendix C
Preliminary Assessment Map
Preliminary Assessment Roll
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
1. EXECUTIVE SUMMARY
The 2016 Sioux Drive Turn Lane Improvement Project was initiated in response to the
commercial development in the immediate area and an anticipated increase in traffic volumes.
The added turn lanes will accommodate more frequent vehicular movements into the adjacent
commercial properties. The proposed improvements are focused at the intersection of Sioux
Drive and Westfalen Trail and extend north near Trunk Highway (TH) 55. These improvements
include the addition of new turn lanes, extension of the existing turn lanes, widening portions of
the roadway, replacement of concrete medians and curb, storm sewer improvements, and
restriping of the lanes and intersection at Westfalen Trail.
The total estimated project cost for the 2016 Sioux Drive Turn Lane Improvement Project is
$219,000 which includes a 10% contingency and 28% indirect costs for legal, engineering,
administrative, and financing costs. The project is proposed to be funded through special
assessments to benefitting property owners. Petition and waiver agreements have been executed
by four property owners and a fifth property will be assessed as outlined in Minnesota Statute
429 and the City's Assessment Policy.
Due to the property being assessed as outlined in Minnesota Statute 429 and the City's
Assessment Policy, both an improvement hearing and an assessment hearing will be necessary.
The City Council will also be required to adopt the pertinent resolutions to order the project and
adopt the assessment roll when the appropriate time comes.
The project is proposed to be completed in 2016, including restoration items. The project is
feasible, necessary, and cost-effective from an engineering standpoint and should be constructed
as proposed herein.
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Page 1
2. PROJECT SUMMARY
2.1 Introduction
2.1.1 Authorization
On September 15, 2015, the Medina City Council authorized the preparation of an
Engineering Feasibility Report for the 2016 Sioux Drive Turn Lane Improvement Project.
2.1.2 Scope
This report investigates the feasibility of proposed improvements and additions to the
turn lanes identified at the intersection of Sioux Drive at Westfalen Trail. The
improvements to Sioux Drive were initially proposed in response to the anticipated
increase in traffic volume and turning movements due to commercial development. The
proposed improvements on Sioux Drive extend from TH 55 south to the railroad tracks,
but are focused primarily at the intersection of Sioux Drive and Westfalen Trail.
Improvements within this report include the addition of new turn lanes, extension of the
existing turn lanes, widening portions of the roadway, replacement of concrete medians
and curb, storm sewer improvements, and restriping of the lanes of the intersection at
Westfalen Trail.
2.1.3 Data Available
Information and materials used in the preparation of this report include the following:
■ City of Medina Utility Record Plans
■ City of Medina Topography Maps
■ Private Utility Maps
■ Private Development Plans
■ City of Medina Assessment/Improvement Policy
2.1.4 Project Background
This project was initiated in response to the commercial development in progress in the
immediate area. The additional commercial space, including an ALDI grocery store, is
anticipated to increase the traffic volumes on Sioux Drive and create a need for turn lanes
to accommodate the additional vehicles.
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Page 2
2.2 Existing Conditions
2.2.1 Surface
Sioux Drive, within the proposed improvement area, shows signs of minor alligator
cracking, edge cracking, longitudinal cracking, and transverse cracking. The project area
also contains landscaping, trees, and other private improvements beyond the edge of the
roadway and within City right-of-way. Soil borings or a geotechnical review was not
obtained prior to the preparation of this report.
An existing sidewalk extends from TH 55 south to the railroad tracks on the east side, but
extends all the way to Hamel Road on the west side of Sioux Drive.
2.2.2 Sanitary Sewer and Watermain
Sanitary sewer is located within the general project area along Sioux Drive and adjacent
to the development on the east side of the roadway. The scope of the proposed turn lane
improvements does not facilitate the need to replace sanitary sewer systems and therefore
no televising or manhole inspections were completed. Watermain also exists along Sioux
Drive in the immediate project area including gate valves and hydrants which are in
conflict with the proposed construction.
2.2.3 Drainage
Limited storm sewer exists within the proposed project area. Stormwater on Sioux Drive
is directed north to a catch basin located near the northeast corner of the intersection with
Westfalen Trail. The stormwater is then conveyed within a piping system north to the
existing storm sewer located at the intersection of Sioux Drive and TH 55.
2.2.4 Private Utilities
Private utilities that have facilities in or near the project area will be notified during the
final design phase of the project and will be requested to coordinate any necessary
repairs, relocations, and replacements as needed at their cost. Private utility companies
that have facilities within the project area include the following:
■ Arvig
■ CenterPoint Energy (Gas)
■ CenturyLink (Telephone/Internet)
■ Mediacom (Telecom)
■ Rogers Telecom (Telecom)
■ Sprint Nextel (Telephone)
■ Windstream (Telecom)
■ Xcel Energy (Electric/Gas)
■ Zayo Group
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Page 3
2.3 Proposed Improvements
2.3.1 Roadway
Surface improvements proposed with the 2016 Sioux Drive Turn Lane Improvement
Project include the addition of turn lanes, extension of the existing turn lanes, widening
portions of the roadway, replacement of concrete medians and curb, and the restriping of
the lanes and intersection. Figure 1 of Appendix A illustrates the proposed turn lane
improvements.
Sioux Drive will be widened approximately 10 feet on the north side and 15 feet on the
south of the intersection with Westfalen Trail. Street profile and cross -slope grades are
proposed to match the existing to the greatest extent possible to minimize additional
pavement replacement and extensive storm sewer installations along Sioux Drive. The
section of roadway entering the ALDI site on the east side of Sioux Drive will require
widening to accommodate the appropriate turn lane improvements. The City's standard
pavement section for an urban collector street will be utilized. Figure 2 of Appendix A
illustrates this proposed roadway section.
An existing sidewalk will be relocated further east to accommodate the road widening at
the northeast quadrant of the intersection of Sioux Drive and Westfalen Trail. The
existing sidewalk width will be maintained but no further extension south of the ALDI
intersection is proposed. Due to the proposed grading of the ALDI site and the turn lane
improvements, a retaining wall will be required to accommodate construction of the
relocated concrete sidewalk.
2.3.2 Drainage
Extensive drainage improvements are not anticipated with this project. An existing catch
basin within the easterly curb line of Sioux Drive is proposed to be modified in order to
accommodate roadway widening. The top -slab of the structure will be replaced to allow
the installation of a solid top casting. A new catch basin will be installed at the relocated
curb line and connected to the existing structure. Remaining manhole castings within the
project will be repaired/replaced to meet current City standards.
2.3.3 Sanitary Sewer and Watermain
Sanitary sewer improvements are not proposed as a part of the turn lane improvement
project. Any manhole casings located within the immediate project area will be adjusted
to final grades accordingly.
The existing hydrant located on east side of Sioux Drive approximately 120 feet north of
the intersection with Westfalen Trail is in conflict with the new turn lane location and
will be relocated behind the relocated sidewalk. Existing gate valves will be adjusted to
finished grades where street work is proposed. No further work on the watermain or
sanitary sewer systems is proposed with this project.
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Page 4
2.3.4 Easements
It is anticipated that work will take place within the existing roadway right-of-way or
within existing drainage and utility easements. Additional permanent right-of-way or
easement acquisition is not expected to be needed to construct the project as proposed.
Temporary construction access on the ALDI property to the east may be required to
accommodate the turn lane improvements, the hydrant relocation, and final boulevard
grading. Further discussion with the owners of the ALDI site regarding roadway
widening and disturbance during construction will occur during final design. Written
permission or waiver of trespass agreements will be secured from private property
owners for these encroachments if necessary.
2.3.5 Permits/Approvals
The anticipated level of surface disturbance during construction will be approximately
8,000 square feet and therefore an NPDES permit will not be required. The increase in
impervious surface will be approximately 4,500 square feet so the City's stormwater
treatment threshold will not be triggered. Based on the proposed improvements, it is not
anticipated that any permits will be required for the work.
Portions of the proposed improvements are located in close proximity to the Canadian
Pacific Railroad at the south end of the project area. A courtesy copy of the plans will be
provided to the appropriate contact for comment.
2.3.6 Construction Access/Staging
The contractor will be responsible for providing access to all properties throughout the
project. Adequately signed detours will be identified to direct traffic around the
construction zones and notify users of the increased truck and construction activity as
needed.
2.3.7 Public Involvement
At this time a formal neighborhood meeting or open house will not be conducted as a part
of this project. City staff can meet individually with each property owner as needed.
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Page 5
3. FINANCING
3.1 Opinion of Cost
Detailed opinions of cost for the project can be found in Appendix B of this report. The opinions
of cost incorporate estimated 2015 construction costs and include a 10% construction
contingency factor. Indirect costs are projected at 28% of the construction cost and include
engineering, legal, financing, and administrative costs. The total project cost inclusive of the
proposed street and storm sewer improvements is $219,000.
3.2 Funding
Financing for the 2016 Sioux Drive Turn Lane Improvement Project will be provided solely
through special assessments to benefitting properties.
3.3 Preliminary Assessment Roll
Assessments will be levied to the benefitting properties as outlined in Minnesota Statute 429 and
the City's Assessment Policy.
Special assessments to benefitting properties are proposed to fund 100% of the project cost.
Petition and waiver agreements have been executed with four property owners and a fifth will be
assessed in accordance with the standard City Assessment Policy. The five properties will share
in the project cost on a developable area basis. One of the conditions of the petition and waiver
agreements is that the notice of both the improvement and assessment hearings is waived. The
lone property without a petition and waiver agreement will require that improvement and
assessment hearings be held at which time the City Council will be required to adopt the
appropriate resolutions ordering the project and adopting the assessment roll when the
appropriate times come.
The proposed assessment roll and a summary of the proposed assessment calculations are
included in Appendix C of this report, along with an Assessment Map ID highlighting the
benefitting properties.
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Page 6
4. PROPOSED SCHEDULE
The proposed project schedule for the 2016 Sioux Drive Turn Lane Improvement Project is as
follows:
City Council Receives Feasibility Study, Orders Project, and
Authorizes Plans October 20, 2015
City Council Orders Public Hearing November 17, 2015
Improvement Hearing December 15, 2015
Final Design December 2015 — January 2016
Approve Plans and Specifications/Authorize Ad for Bids February 2, 2016
Open Bids/Compute Assessments March 3, 2016
City Council Receives Bids and Declare Costs/Set Assessment Hearing March 2016
City Council Awards Construction Contract April 2016
City Council Approves Consultant Contract (Construction Services) April 2016
May/June 2016
Begin Construction
Final Completion
Assessment Hearing
City Council Adopts Assessment Roll
August/September 2016
October 2016
October 2016
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Page 7
5. FEASIBILITY, NECESSITY, AND COST EFFECTIVENESS
The improvements proposed in this study are necessary to accommodate the anticipated increase
in vehicular traffic, turning movements, and are feasible. The addition and reconstruction of turn
lanes provides the City with a cost-effective means of continuing the City's street improvement
efforts and ensures an adequate means of transportation for local businesses. In addition, the
improvements represent a significant benefit to the owners of the commercial properties in the
immediate area.
Based on the information contained within this report, the proposed improvements as described
can be considered to be necessary, cost-effective, and feasible from an engineering standpoint.
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Page 8
6. CONCLUSIONS AND RECOMMENDATION
The 2016 Sioux Drive Turn Lane Improvement Project includes the addition of new turn lanes,
extension of the existing turn lanes, widening portions of the roadway, replacement of concrete
medians and curb, relocating an existing sidewalk, storm sewer improvements, and restriping of
the lanes and intersection at Westfalen Trail.
The total estimated cost for the 2016 Sioux Drive Turn Lane Improvement Project is $219,000.
Proposed funding for the project will be provided solely through special assessments. Petition
and waiver agreements have been executed with four property owners. The fifth property will be
assessed in accordance with the City's Assessment Policy. All five properties will share in the
project cost on an area basis.
This proposed project is feasible, necessary, and cost-effective from an engineering standpoint.
The project feasibility is subject to financial review by the City. Based on the information
contained in this document, it is recommended to proceed with the improvements as outlined in
this report.
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Page 9
APPENDIX A
Figure 1— Project Location Map
Figure 2 — Typical Section
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
r
Sioux Drive Turn Lane
R/W
VARIES
INSET A
14' TURN LANE
5'
2.0% <2.0%
B618 CONCRETE
CURB AND GUTTER
2'
DECORATIVE FENCE
RETAINING WALL
114 MAX
1:4 Mqx
2" TYPE SP 12.5 WEAR COURSE MIX (SPWEB340E)
2357 BITUMINOUS TACK COAT
4" TYPE SP 12.5 NONWEAR COURSE MIX (SPNWB330B)
14" CLASS 5 AGGREGATE BASE
NON -WOVEN GEOTEXTILE FABRIC
APPROVED SUBGRADE
INSET A
WSB
& Associates, Inc.
III
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
www.wsbeng.com
o ® 763-541-4800 - Fax 763-541-1700
\ INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION
SIOUX DRIVE TURN LANE
IMPROVEMENT PROJECT
TYPICAL SECTION
WSB NO. 2712-610
FIGURE
MEDINA, MINNESOTA
MEDINA
1
_O
/
/
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4
I
h4rdkn
Cnnnundy Cent,
ry cz 422
o `z, •
Clydesdale Trail
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i
/ �\ /
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/ / \
\
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HYDRANT 8c VALV
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i/11
\ ' ;; / �' �' ti , DOUBLE YELLOW LINE ;:/
/ ' / / // ,/
\ / / / / '�
TW 978.50
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INSTALL NEW STORM
-SEWER CATCH BASIN AND—
CONNECT TO EXISTING
CAgH BASIN
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TW 980.0/0 ;' BW 980.00
BW 978.50'
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ADJUST EXISTING
GATE VALVE
0—• • _�-� ,/ / v /
/ \ I—= ----- ------
� RETAINING WALL --------------------=======--- =__--
W/ DECORATIVE RAILING S/OUX DR/VE --_I
DbDDD��
INSTALL SOLID CASTING
ON EXISTING CATCH BASIN
HAMEL TOWN CENTER
(WEST FINANCIAL)
•
/
/
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117
/
,17
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I
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30
60
Scale: 1" = 30'
WSB
! A10OiYS M
4150 Olson Memorial Highway
Suite 300
Minneapolis, MN 55422
763-541-4800
FAX 763-541-1700
SIOUX DRIVE TURN LANE IMPROVEMENT PROJECT
PROPOSED PROJECT AREA
WSB Project No.
2712-610
FIGURE 1
INFRASTRUCTURE • ENGINEERS • PLANNERS
APPENDIX B
Engineer's Opinion of Probable Cost
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Opinion of Probable Cost
WSB Project: Sioux Drive Turn Lane Improvement Project Design By: LML
Project Location: Medina, MN Checked By: JLS
City Project No.:
WSB Project No: 2712-610 Date: 10/15/2015
MN/DOT
Item No.
Specification
Description
Unit
Estimated
Estimated Unit
Estimated
No.
Total Quantity
Price
Total Cost
A. STREET & STORM SEWER IMPROVEMENTS
1
2
2021.501 MOBILIZATION
LUMP SUM
1 1 $10,000.00 $10,000.00
2
2104.501 REMOVE SEWER PIPE (STORM)
LIN FT
180
i $10.00 $1,800.00
3
2104.501 REMOVE CATCH BASIN (STORM)
EACH
_
1
$800.00 $800.00
4
2104.501 REMOVE CURB AND GUTTER
LIN FT
_ 350
$8.00 $2,800.00
5
2104.503 REMOVE BITUMINOUS PAVEMENT
SQ YD
-
430
$6.00 $2,580.00
6 2104.503 REMOVE CONCRETE WALK
SQ FT
1,170 1 $5.00 $5,850.00
7
2104.509 REMOVE SIGN
EACH
1
$100.00 $100.00
8
2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH)
LIN FT
15
$8.00. $120.00
9
2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)
LIN FT
400 J
$8.00 $3,200.00
10
2105.507 COMMON EXCAVATION (P)
CU YD
500
$25.00 $12,500.00
11
2105.522 SELECT GRANULAR BORROW
CU YD
220
$25.00 $5,500.00
12
2105.604 GEOTEXTILE FABRIC TYPE V
SQ YD
1,560
$3.00 $4,680.00
13
2112.501 SUBGRADE PREPARATION
ROAD STA
4
$500.00 $2,000.00
14
2123.610 STREET SWEEPER (WITH PICKUP BROOM)
HOUR
20
$200.00 $4,000.00
15
2130.501 WATER
M GALLONS
15
$50.00 $750.00
16
2211.501 AGGREGATE BASE CLASS 5
TON
350 $20.00
$7,000.00
17
2357.502 BITUMINOUS MATERIAL FOR TACK COAT
GALLON
28
$5.00
$140.00
18
2360.501 TYPE SP 12.5 WEARING COURSE MIX (3,B)
TON
55
$145.00 $7,975.00
19
2360.502 TYPE SP 12.5 NON WEAR COURSE MIX (3,B)
TON
114
$145.00 $16,530.00
20
2411.618 MODULAR BLOCK RETAINING WALL
SF
120
$60.00 $7,200.00
21
2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS V
LIN FT
10
$100.00 $1,000.00
22
2503.602 CONNECT TO EXISTING STORM SEWER
EACH
1
$800.00 $800.00
23
2506.516 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1
EACH
1
$2,500.00 $2,500.00
24
2521.501 4" CONCRETE WALK
SQ FT
930
$10.00 $9,300.00
25 2531.501 CONCRETE CURB & GUTTER DESIGN B618
LIN FT
375
$25.00 $9,375.00
26
2531.601 ADA COMPLIANCE SUPERVISOR
LUMP SUM 1
$1,500.00 $1,500.00
27
2531.618 TRUNCATED DOMES
SQ FT
24
$50.00 $1,200.00
28
2557.603 INSTALL ORNAMENTAL FENCE
LIN FT
48
$150.00 $7,200.00
29
2565.602
LOOP DETECTOR
EACH
2
$1,500.00 $3,000.00
30
2563.601
TRAFFIC CONTROL
LUMP SUM
1
$10,000.00 $10,000.00
31
2564.536 INSTALL SIGN PANEL TYPE C
EACH
1
$400.00 $400.00
32
2537.502
SILT FENCE, MS
LIN FT
750 1 $5.00
$3,750.00
33
2573.530
STORM DRAIN INLET PROTECTION
EACH
3
T $300.00
$900.00
34
2575.505 SODDING TYPE LAWN (INCL. TOPSOIL & FERT.)
SQ YD
230 J
$10.00 $2,300.00
35
2582.501 PAVEMENT MESSAGE (LT ARROW)
EACH
5
$300.00 $1,500.00
36
2582.501
PAVEMENT MESSAGE (RT ARROW)
EACH
2
$300.00 $600.00
37
2582.501
PAVEMENT MESSAGE (THRU ARROW)
EACH
3
$300.00 $900.00
38
2582.501 PAVEMENT MESSAGE (RT-THRU ARROW)
EACH
3
$500.00 $1,500.00
-
39
2582.502
4" DOUBLE LINE YELLOW - EPDXY
LIN FT
180
$3.00
$540.00
40
2582.502
4" SOLID LINE WHITE - EPDXY
LIN FT
850
$2.00
$1,700.00
TOTAL $155,500.00
CONTINGENCY TOTAL (10%) $15,600.00
SUBTOTAL TOTAL $171,100.00
INDIRECT COST TOTAL (28%) $47,900.00
TOTAL $219,000.00
APPENDIX C
Preliminary Assessment Map
Preliminary Assessment Roll
Feasibility Report (Amended)
2016 Sioux Drive Turn Lane Improvement Project
City of Medina, MN
WSB Project No. 2712-610
Preliminary Assessment Roll - Sioux Drive Turn Lane Improvement Project
WSB Project: 02712-610
Project Location: City of Medina Total Project Cost: $219,000
MAP ID
PID
FEE OWNER
FEE OWNER ADDRESS
CITY/STATE
ZIP CODE
PROPERTY ADDRESS
1
1211823410069
ALDI INC CORP ADMIN/CORP ACCTNT
4201 BAGLEY AVE N
FARIBAULT, MN
55021
100 WESTFALEN TRAIL
2
1211823410116
WEST FINANCIAL, HAMEL TOWN CENTER LLC
3575 SIOUX DR
MEDINA, MN
55340
3575 SIOUX DRIVE
3
1211823410118
IP II HAMEL LLC
500 JACKSON ST, SUITE 200
ST. PAUL, MN
55101
190 WESTFALEN TRAIL
4
1211823410117
WESLEY HOLDINGS LLC
1605 BLUEBIRD LN
MOUND, MN
55364
170 WESTFALEN TRAIL
5
1211823410007
ARENT HAMEL PROPERTY LLC
PO BOX 66
HAMEL, MN
55340
45 HIGHWAY 55
° Sioux Drive Turn Lane Improvements
Assessment Map
MEDINA City of Median MN
0 150 300
Feet
N
AWSB
&& Associates, Inc.
Agenda Item # 7B
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: December 9, 2015
MEETING: December 15, 2015 City Council
SUBJ: Conservation Easement Tax Valuation (Mn Statute 273.11)
Background
At the December 1, 2015 City Council meeting, Mayor Mitchell mentioned a request from
former mayor Liz Weir that he sign a letter of support to amend Minnesota Statute 273.11 related
to Conservation Property Tax Valuation.
The request was for the Mayor to sign a letter requesting Hennepin County Chair Callison to
lobby the legislature to amend the law.
The text of the Statute is attached for reference, but effectively prohibits a municipal/county
assessor from reducing the value of real property (for property tax purposes) which is subject to a
conservation easement.
Ms. Weir states that this restriction acts as a strong disincentive from property owners placing
conservation easements on property. Ms. Weir states that the law came into place because
logging interests in northern Minnesota were placing timber land into conservation, which had a
major impact on the tax base of some Minnesota counties and townships. Ms. Weir suggests that
the law be amended to exempt property within the metropolitan area in order to allow assessors
to reduce the value of land in conservation.
Analysis
A brief examination of the legislative history suggests that the law was changed in 2013 because
of concerns related to large tracts of land being put into conservation in greater Minnesota.
Prior to this amendment, the statute explicitly ALLOWED the assessor to reduce the value if it is
subject to a conservation easement. In fact, up until 2008, the statute actually required the
assessor to reduce the value.
Staff believes the current statute would act as a disincentive from a property owner placing land
into conservation. Staff also believes that it is unlikely that substantial tracts of private property
within the City of Medina will be placed into conservation within the City. Therefore, the fiscal
impact of the City of allowing the values to be reduced would be marginal.
In fact, if conservation property is placed in an Outlot (rather than being part of a broader lot),
the property would already be considered Common Space and would be assigned zero value.
Conservation Property Tax Valuation
Page 1 of 2 December 15, 2015
Discussion City Council Meeting
If the City Council believes that the current law acts as a disincentive for conservation easements
and is not concerned about potential fiscal impacts, the Council could direct staff to take actions
to advocate for an amendment.
If the City Council wishes to advocate in this way, staff would recommend that the City follow
normal practices such as working with the League of Minnesota Cities and discussing with local
legislators.
Council Action Requested
No action, unless the Council deems it appropriate.
Attachment
Minnesota Statute 273.11
Conservation Property Tax Valuation
Page 2 of 2 December 15, 2015
Discussion City Council Meeting
1
MINNESOTA STATUTES 2015 273.117
273.117 CONSERVATION PROPERTY TAX VALUATION.
The value of real property which is subject to a conservation restriction or easement shall not be reduced
by the assessor if:
(a) the restriction or easement is for a conservation purpose and is recorded on the property; and
(b) the property is being used in accordance with the terms of the conservation restriction or easement.
This section does not apply to (1) conservation restrictions or easements covering riparian buffers along
lakes, rivers, and streams that are used for water quantity or quality control; (2) easements in a county that
has adopted, by referendum, a program to protect farmland and natural areas since 1999; or (3) conservation
restrictions or easements entered into prior to May 23, 2013.
History: 1 Sp1981 c 1 art 2 s 6; 2008 c 154 art 13 s 27; 2013 c 143 art 4 s 17; 2014 c 150 art 4 s 5
Copyright C 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
Agenda Item # 8A
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Johnson, City Administrator
DATE: December 9, 2015
SUBJ: Hamel Fire Department Contract Change Request
Staff received a request for contract changes from the Hamel Fire Department. Staff is in the
process of reviewing the proposed changes with City Attorney Ron Batty, Mayor Mitchell, and
Council Member Pederson.
&mei Voiunteer dire Department
92 HAMEL ROAD + HAMEL, MN + 55340
October 27, 2015
Scott Johnson
City Administrator
City of Medina
2052 County Road 24
Medina, MN 55340
Dear Scott Johnson,
This letter is being sent on behalf of the Board of Directors (the Board) of the Hamel Volunteer Fire
Department (the Department).
Management of the Department, by Articles of Incorporation, has been vested to its Board. As such, we
have a responsibility to provide guidance and leadership to the membership on an array of topics. The
most fundamental of these is the viability of providing emergency management services to the citizens
of Medina as we have for more than 80 years.
This Board, and its predecessors, has been forced to deal with a myriad of adverse situations over the
last 36 months. In each case, an effective solution and/or approach was found without impact or threat
to the services. In fact, by any standard of measure, the services delivered in that time were equal to
and/or better that those of the other departments servicing Medina, evidenced by reports provided to
the City. The entire organization continues to work tirelessly to support our ultimate customer, the
residents of our community. Unfortunately, and disappointingly, during this same time period the
Hamel Fire Department has also:
been held to a different standard than the other entities in measuring service.
been required to follow different paths for approvals and justifications of funding and budgets.
undergone a level of scrutiny in all facets of business beyond what any other agency would
tolerate.
lowered the costs of fire protection it provides by being forced/expected to self -fund 15% of its
operating budget.
provided Medina Council, on three separate occasions, analysis showing the disparity in fire
spending and highlighting the chronic under -funding of the Department by Medina.
been publicly and privately maligned and disparaged by members of Medina's City Council.
endured being treated as a second -tier service provider in spite of providing service to 75% of
Medina, protecting more than 4,800 residents and properties worth in excess of $1.09113.
To this point the Board has chosen to insulate the membership from these and many other issues. This
was done to keep the volunteers focused on the delivery of services, believing that over time the
emotion and rhetoric would subside and be replaced with a balanced, fair and professional relationship
between the City and its largest (by more than 5 times) emergency service provider.
Serving Medina Minnesota and the Neighboring Communities
Unfortunately this has yet to happen. We continue to spend the majority of our energy and effort on
"politics" and valueless topics that do not serve to improve services or build a future -state environment.
Recent events have brought us to the point where we can no longer, in accordance with the duty of care
and loyalty owed our organization, continue to advocate the approach of "taking the high road". This
organization not only deserves, but also requires, an endorsement and tangible sign of good faith on the
part of Medina City Council, and the citizens they have sworn to serve. To that end, attached to this
letter is a proposed markup to the current "Agreement and Contract for Fire Protection Services". The
changes represented in this document have been carefully chosen to succinctly identify the items that
are critical to our continuing relationship with, and provision of services to, the City of Medina and its
citizens.
The amendments indicated in the document are self-evident and reflect a minimum set of changes that
should be easily reviewed and decided upon by the City. While we typically would not specify a deadline,
for a number of reasons, time is now of the essence. Accordingly, the Board requires Medina's
acceptance of the proposed changes by Friday, November 6, 2015. At that time the Board will determine
whether to continue moving forward with the City of Medina or to have the membership decide on the
future direction of the Hamel Volunteer Fire Department.
We look forward to your response.
....,........'.."...
f-c�.,-
Tom Manning, Secretary
Board of Directors
Hamel Fire Department Inc., LLC
Cc: Board of Directors, Hamel Fire Department Inc., LLC
AGREEMENT AND CONTRACT FOR FIRE PROTECTION
THIS AGREEMENT AND CONTRACT made and entered into this day of
December, 2013 2015 by and between the City of Medina, a municipal corporation of the County
of Hennepin and State of Minnesota (hereinafter referred to as Medina), and the Hamel Volunteer
Fire Department, a Minnesota corporation of Hennepin County, State of Minnesota (hereinafter
referred to as Hamel VFD).
WHEREAS, Hamel VFD has the facilities and equipment and is willing and able to provide
fire protection service to Medina.
WHEREAS, Medina desires to have fire protection service furnished by Hamel VFD, and
NOW, THEREFORE in consideration of the covenants herein contained the parties hereto
agree as follows:
1. Definitions
Administrative Expenses - Those expenses not directly related to the provision of
Hamel VFD services, building or equipment maintenance, and personnel education and
training. Administrative Expenses include, but are not limited to, insurance, taxes, accountant
fees, office supplies, computer expenses, health and safety programs and labor costs
associated with department administration.
Annual Fire Services Capital Budget - The calendar year capital budget of Hamel
VFD. The Annual Fire Services Capital Budget includes major equipment items and
major repairs/rehabilitation of the Fire Station.
Annual Fire Services Operating Budget - The calendar year operating budget of Hamel
VFD. The Annual Fire Services Operating Budget incorporates all costs of operations
including, but not limited to, the costs of the on -going operation and maintenance of the
fire station, administrative expenses and annual contributions to the Hamel Volunteer Fire
Relief Association Retirement Fund.
City Fire Service Area - The area within a Contracted City provided fire protection by
Hamel VFD under this contract and shown in Exhibit A of this Agreement.
Contracted City(ies) —Any city which is a party to this Agreement for purposes of
apportioning costs of services. At the effective date hereof the Contracting City(ies) is
Medina.
Emergency Management Services - Functions that shall be performed by Hamel VFD as
identified in the respective emergency operations plan of each Contracted City on file with
the Hamel VFD.
1
Emergency Medical Services - Functions that shall be performed by Hamel VFD
directed at the provision of treatment to patients, including first aid, cardiopulmonary
resuscitation, First Responder and Basic Life Support prior to the arrival of Advanced
Life Support and/or transport to a hospital or other health care facility.
Fire Advisory Board — The Fire Advisory Board (hereinafter referred to as the "Advisory
Board") will be comprised of the Fire Chief of the Hamel VFD and the Public Safety Director
and other designated representative(s) of each Contracted City.
Fire Fighting Services - Functions that shall be performed by Hamel VFD directed at
rescue, fire suppression, property conservation or special operations involving individuals,
buildings or property that are involved in a fire or other emergency situation.
Fire Prevention Services - Functions that shall be performed by Hamel VFD directed at fire
cause investigation and determination, pre -fire planning and inspection, hazard identification
and elimination, public education, and other activities with the goal of proactively improving
the safety of life and property.
Hazardous Materials Response Services - Functions that shall be performed by Hamel
VFD directed at the identification, isolation, mitigation and/or removal of hazardous
materials. A hazardous material is defined as any substance that presents an unusual
danger to persons due to properties of toxicity, chemical reactivity or decomposition,
corrosiveness, explosion or detonation, etiological hazards or similar properties.
Municipal Share - The portion of the Annual Fire Services Operating Budget that will be
funded by service fees paid by the Contracted Cities.In no event will
the Municipal Share be reduced or minimized by the application of
donations, fund raising or any other source of funding undertaken or
provided by the Hamel VFD or any of its affiliates.
Rescue Services- Functions that shall be performed by Hamel VFD directed at locating
endangered persons at an emergency incident, removing those persons from danger,
treating the injured, and preparing for transport to an appropriate health care facility.
Total Fire Service Area - The sum of the City Fire Service Area for all of the Contracted
Cities.
2. Services to be Rendered
During the term of this Agreement, Hamel VFD shall furnish all the Fire Fighting
Services, Fire Prevention Services, Emergency Management Services, Rescue Services,
Emergency Medical Services, Hazardous Materials Response Services, necessary
building plan reviews and related fire protection services to the Contracted Cities for the
Total Fire Service Area outlined in red on the attached map marked Exhibit A
2
(hereinafter referred to as the "Total Fire Service Area"). All of said Total Fire Service
Area is located within the corporate limits of the Contracted Cities.
3. Level of Service
A. Hamel VFD shall endeavor to provide the services listed in Section 2 of this
Agreement, including, but not limited to, protecting and saving life and property
from destruction by fire in the City Fire Service Area of a C o n t r acted City.
In the event of two or more fire calls received within the same time frame, Hamel
VFD shall respond to the call that involves a higher threat to life, safety and
property. If comparable calls are received within the same time frame, the call
first received shall have priority and the following calls shall be answered as soon
as possible. Hamel VFD will furnish sufficient staff to each call to safely, legally
and effectively operate all necessary vehicles and equipment and provide all
necessary services. Hamel VFD will arrange for fire service and protection
through mutual aid contracts as needed.
B. Mutual Aid - Hamel VFD shall respond to a fire service call in one of the districts
of a Contracted City if service is requested by a fire department having primary
responsibility in that portion of the Contracted City; provided that such service
shall be furnished as soon as reasonably possible, without jeopardizing Hamel
VFD's service to the Total Fire Service Area.
C. Hamel VFD shall regularly train all fire fighters in areas including, but not
limited to, modern firefighting techniques and methods, HAZMAT response,
and terrorism response which are applicable to the level of service required by this
contract for a Contracted City.
D. Desirable Performance and Service Measures
1. Hamel VFD shall have a minimum of four (4) fire fighters at each fire call.
2. Hamel VFD shall respond to each fire call within ten minutes of dispatch.
3. Health and Wellness (programs, selection, training)
a. Hamel VFD shall conduct SCBA fit testing on an annual basis, as required by
Occupational Safety and Health Administration (OSHA).
b. Hamel VFD shall require each fire fighter to receive a physical
examination every two years.
4. The following information shall be reported to the Advisory Board:
a. Quarterly Minimum Reporting:
i. Quarterly Calls
ii. Quarterly Complaints
iii. Quarterly Budget and Expenditures
b. Annual Minimum Reporting:
i. Statistics of all calls
ii. Pension Obligations, including annual reports
Response times
iv. Fire Equipment Certification for State Fire Aid Payable
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v. Community Involvement and Outreach
vi. Certification of Service Areas Protected (pertaining to Hamel Fire
Relief Association)
vii. Balance Sheet listing all Hamel VFD Assets and Liabilities
viii. Compliance against the "Minimum Position Qualifications" described
in Exhibit B of this Agreement for the current Hamel VFD roster.
5. Hamel VFD shall use National Fire Protection Association (NFPA) standards
as a reference regarding fire protection, fire prevention, public life safety
education, fire suppression, volunteer/professional qualifications, training,
professional clothing and equipment, apparatus, and hazardous materials.
6. Hamel VFD shall use National Fire Protection Association (NFPA) standards
as a reference regarding the ongoing maintenance, inspection and upkeep for
all equipment used in delivering the services listed in Section 2 of this
Agreement.
7. Hamel VFD shall comply with all OSHA rules and regulations.
8. Hamel VFD shall use an accounting style reasonably accepted by the
Contracted Cities.
9. Hamel VFD shall implement a process for the handling of
complaints related to the services listed in Section 2. The process
will follow the framework described in Exhibit C of this Agreement.
4. Command Responsibility
Subject to the terms of this Agreement, the Fire Chief of Hamel VFD or their designee shall
have the sole and exclusive right and responsibility to prescribe the manner and method of
giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and
method of responding to calls and rendering the services contemplated. The said Fire Chief
or designee shall immediately upon arriving at the scene of any alarm or fire emergency
have the sole and exclusive responsibility and authority to direct and control any and all
firefighting and the emergency operations at such scene or scenes. The highest ranking
official, with the highest level of certification, shall have command responsibility for
medical emergencies.
5. Volunteer Fire Fighters of Hamel VFD
Personnel assigned to provide fire protection services in a C o n t r a c t e d City shall be
volunteer firefighters of Hamel VFD. Hamel VFD shall assume all obligations with regard
to Worker's Compensation, Fire Fighter's Relief Association, withholding tax, insurance,
etc. for said volunteer firefighters.
The cost of such obligations shall be a part of the costs attributed to the operation of
Hamel VFD and will be included in the Annual Fire Services Operating Budget package.
6. Insurance and Indemnification
Hamel VFD shall indemnify and hold harmless each Contracted City, their officers,
agents, representatives, and employees, from and against all damages, claims, losses,
costs or expenses including reasonable attorney fees, which may be asserted against a
4
Contracted City, or for which they may be held liable, arising from any act, omission, or
negligence of Hamel VFD, its agents, employees and firefighters while engaged in the
performance of services under this Agreement and as defined in Section 2. Hamel VFD
shall maintain liability insurance for these purposes in an amount no less than
$2,000,000.00 listing each Contracted City as a named insured. Hamel VFD shall
annually provide a certificate of insurance to each Contracted City. The cost of such
insurance shall be a part of the costs attributed to the operation of Hamel VFD and will
be included in the Annual F ire S e ry ices Operating Budget. Nothing in this contract
shall be construed as waiving the statutory liability limits of any city which is a party to
this Agreement.
7. Liability Insurance
Hamel VFD shall carry liability insurance in an amount not less than $2,000,000 listing
itself and each Contracted City as a named insured against any and all claims by Hamel
VFD firefighters for personal injury sustained while performing services under this
Agreement. The amount of the insurance coverage shall be reviewed annually and if
determined to be inadequate the amount of the coverage shall be adjusted accordingly.
Nothing in this contract shall be construed as waiving the statutory liability limits of any
city which is a party to this Agreement.
8. Hamel VFD Operational Responsibility
Hamel VFD shall be responsible for managing the operation of Hamel VFD, and for
managing the on -going operation and maintenance of the Hamel VFD Fire Station. This
includes carrying hazard insurance on the Fire Station and its contents. The costs related
to the operation of Hamel VFD, including the on -going operation and maintenance of
the Fire Station, shall be included in the Annual Fire Services Operating Budget.
9. Budget Package
Hamel VFD's annual operating expenditures shall be controlled through the Annual Fire
Services Operating Budget. This budget will become the official Annual Fire Services
Operating Budget upon ratification by the Contracted Cities. When the Annual Fire
Services Operating Budget is approved, the expenditures may not exceed the level set in
the budget without the approval of all parties to the contract except as provided in Section
13 and Section 15 of this Agreement. If during the term of this Agreement, a Contracted
City or Hamel VFD chooses not to approve a proposed Annual Fire Services Operating
Budget, the Annual Fire Service Operating Budget increase shall be limited to the average
of the most recently approved annual General Fund Expenditure Budget
increases of the Contracted Cities, until a new Annual Fire Services Operating Budget is
approved by the Contracted Cities and Hamel VFD.
The Annual Fire Services Capital Budget must be approved annually by the
Contracted Cities and Hamel VFD and is not subject to any automatic average
annual increase.
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9.1 Budget Process
By June 1st of each year during which this Agreement remains in effect, Hamel VFD
shall provide an Annual Fire Services Operating Budget and an Annual Fire Services
Capital Budget covering the costs related to the provision of fire protection for the
next year. The budgets provided to the Contracted Cities must have been presented
to the Advisory Board prior to May 1st for discussion and review. Although it is
expected that the operating and capital budgets, which are provided to the
Contracted Cities by Hamel VFD, will have the consensus support of the Advisory
Board, that is not a requirement since each Contracted City has the opportunity
for final ratification or rejection.
10. Term of this Agreement
This Agreement covers the initial period of January 1, 20164 through December 31,
20204-5. A Contract Year covers the period January 1 through December 31 of a calendar
year.
This Agreement will become effective upon ratification by the Contracted Cities and
shall be renewed automatically for successive 2-year terms unless terminated
pursuant to Section 20 of the Agreement.
11. Special Fire Funds
In order to facilitate the accounting and reporting of all fire funds associated with the
Annual Fire Services Operating Budget, the following will be used:
Special Equipment Fund - shall refer to monies set aside for the purpose of
acquiring new or refurbished equipment as needed by Hamel VFD to continue
to provide the desired level of service.
Special Reserve Fund - shall refer to monies set aside for the purpose of
emergency repairs and replacements of equipment and supplies required by
Hamel VFD to continue to provide the desired level of service.
The minimum value of the Special Reserve Fund shall be established at $100,000. This
amount will be reviewed annually and revised upward as determined necessary. In the
event the fund balance drops below the required minimum balance, an Annual Fire
Services Operating Budget line item shall be established to amortize the deficit.
12. Capital Expenditures
Capital expenditures include the acquisition, refurbishment and/or upgrade of
equipment and significant maintenance, repair, or rehabilitation to the fire station.
6
Equipment to be considered Major Equipment include "rolling stock" and
significant equipment assets required for performing the fire department mission in the
Total Fire Service Area. To qualify as Major Equipment, such assets will typically
have an initial purchase value, or other costs, of at least $5,000. Station
maintenance, repair or rehabilitation considered as Major Maintenance
will have costs of at least $5,000.
Hamel VFD shall prepare a 10-year Major Equipment i n v e s t m e n t and replacement
plan, and a 10-year plan for Major Maintenance. These 10-year plans will be the basis for
the preparation of an Annual Fire Services Capital Budget. Neither the approval nor lack
of disapproval of the 10-year plans by the Contracted Cities creates any obligation for
final approval or funding of any specific capital expenditure. The 10-year plans will be
reviewed and updated annually through the Annual Fire Services Capital Budget approval
process. The current 10-year plan will be described in Exhibit D of this Agreement.
During the annual budget process provided by Section 9 of this Agreement, Hamel VFD
will review the planned capital expenditures, including Major Equipment and Major
Maintenance, with the Advisory Board. Hamel VFD and the Advisory Board will negotiate
the acquisition method and ownership shares for each item. In addition, Hamel VFD and the
Advisory Board will agree on legal ownership (hereinafter referred to as Titling) for vehicles
acquired in accordance with the provisions of this Section 12. Without regard to acquisition
method, ownership allocation or Titling, Hamel VFD, in its reasonable discretion, will
determine the use, maintenance and upkeep for all equipment used in the provisioning of
services. Ongoing operational, maintenance, insurance and administrative costs associated
with Major Equipment and Major Maintenance will be incorporated into the Annual Fire
Services Operating Budget.
The final approval of capital expenditures is done in accordance with Section 9 of this
Agreement. When a Contracted City approves the Annual Fire Services Capital Budget,
it is also agreeing to pay its share of the cost of capital expenditures included in the Annual
Fire Services Capital Budget, up to the budgeted amount (hereinafter referred to as the
"Capital Share"). Hamel VFD shall pay any share of capital expenditures as negotiated
and determined available and necessary by the Fire Board. All plans and specifications for
major equipment or facilities shall be annually approved by the Contracted Cities
Payments for capital expenditure funding by the Contracted Cities to Hamel VFD will be
done in accordance with Section 17 of this Agreement.
Hamel VFD will place capital funding payments into the Special Equipment Fund. Utilization
of these funds will only be done in accordance with the Annual Fire Service Capital Budget.
Purchases funded through the Special Equipment Fund will adhere to considerations
consistent with the purchasing policies of the Contracted Cities as described in Exhibit E of
this Agreement.
7
Major Equipment and/or Major Maintenance funded in accordance with this section will be
listed in Exhibit F of this Agreement (hereinafter referred to as the "Asset Exhibit"). The
following information shall be recorded for each item:
i. Item Description
ii. Original Cost
iii. Purchase Date
iv. Ownership Shares/Allocation
12.1. Disposition of Assets Upon Termination
In the event that this Agreement is terminated as provided in Section 20 of this
Agreement:
1. For any asset on the Asset Exhibit (Major Asset) reflecting 100% ownership by a
single party, that party is entitled to take physical possession of that asset. For vehicles,
this includes receipt of a title indicating sole ownership by that party.
2. Hamel VFD has the right to purchase a Contracted City's ownership share of a Major
Asset for cash at the current market value pro-rata to the original amount funded by the
Contracted City, or based on the average historical allocation by all Contracted Cities.
Hamel VFD has up to thirty (30) days after the termination to exercise this right.
3. In the event Hamel VFD does not exercise its right to acquire full ownership of any
Major Asset, the Contracted City with the largest ownership share shall then have the
right to purchase full ownership of that Major Asset for cash at the current market value
pro-rata to the original amount funded by the other Contracted Cities and Hamel VFD.
The Contracted Cities have sixty (60) days after termination to exercise this right.
4. Any Major Asset not acquired 100% by a party through this process will be sold, and
the proceeds of the sale divided between the parties pro-rata to the ownership allocation
from the Asset Exhibit.
5. Any cash balance remaining in the Special Equipment Fund will be distributed to each
Contracted City pro-rata to the original amounts contributed
All assets on the Asset Exhibit will be covered by this terminating procedure. Any
other physical assets in the possession of Hamel VFD which are not listed on the Asset
Exhibit will be considered the sole property of the Hamel VFD.
13. Un-Budgeted/Emergency Expenditures
Un-budgeted equipment repair, maintenance or replacement , building repair, supply
replacement or other emergency expenditures exceeding 2% of the Annual Fire Services
Operating Budget and having a potential negative impact on the operational capabilities
and/or safety of Hamel VFD will be accommodated through the Special Reserve Fund.
Notification of the use of the Special Reserve Fund will be provided to the Advisory
Board within 14 days, including a detailed explanation of the need. Any subsequent
reimbursement or refund associated with an un-budgeted or emergency expenditure
contemplated in this section will be credited back to the Special Reserve Fund.
8
14. Annual Audit of Actual Costs
The Contracted Cities understand and agree that it is impossible to project with complete
accuracy the actual costs of labor and equipment, as well as the service to be required by
the Contracted Cities, for the forthcoming contract year and thereby agree to a yearly
audit to adjust the prior year's estimated cost of service as set forth above to the actual
costs incurred by Hamel VFD. On or before April 30th of each year, Hamel VFD will
tabulate the actual cost of the fire department budget for the prior contract year and will
submit to the Contracted Cities a summary of the actual costs. The actual costs set forth
for the prior contract year may result in either a surplus or deficit with respect to that
year's Annual F ire S e ry i c es Operating Budget. The Advisory B o ar d shall
recommend allocation or financing of any surplus or deficit that exists at the end of the
fiscal year. It is expected that expenditures will remain within the Annual Operating
Budget amounts and will only exceed such budget amounts as provided in Section 13
and Section 15 of this Agreement.
The Contracted Cities reserve the right to request an independent audit of Hamel VFD,
at a cost to be funded by requesting Contracted City, provided the frequency is not more
than biennially.
15. Non -forecasted Expenditures
Notice of the need for a non -forecasted expenditure in the amount of $5,000 or more
shall be given in writing to the A d v i s o r y B o a r d prior to actual expenditures for such
items. The Advisory Board shall thereafter have 21 days in which to approve or disapprove
the same in writing and if there is no response which disapproves the expenditure, it is
agreed that such proposed expenditures may be made and the cost thereof shall be
included in the Annual Fire S e r v i c e s Operating Budget as if ratified originally.
16. Cost Sharing Formula
Each Contracted City will be responsible for a portion of the Municipal Share (hereinafter
referred to as the Budget Share). The Budget Share for the initial Contracted City shall be
100% of the Municipal Share.
At such time as there is more than one Contracted City, the sum of all Budget Shares shall be
100% of the Municipal Share. The determination of the Budget Share for each Contracted
City will be based upon a formula which will be agreed to by all parties.
17. Contract Payments
The Budget Share and the Capital Share of the Contracted Cities shall be paid in equal
quarterly installments on January 31, April 30, July 31 and October 31 of the next contract
year by the Contracted Cities to Hamel VFD. The invoices will contain details for both
elements of payment.
9
Budget)
The amounts payable by the Contracted City in 20164 are as follows:
Budget Share: $ 169400202,215 (from the 20164 Annual Fire Services Operating
Capital Share: $ 60 40070,000 (from the 20164 Annual Fire Services Capital Budget)
Hamel VFD agrees to provide the Contracted Cities with reasonably detailed
information relating to the actual expenditures against the Annual Fire Services
Operating Budget upon request and on a quarterly basis and agrees to make pertinent
records available t o the C o n t y acted C i t i e s for inspection for the purpose of
determining the basis for the allocation of costs to fire protection.
18. Arbitration
If a Contracted City is aggrieved by the determination of Hamel VFD as to the
allocation of the actual costs of the prior years' service, the Contracted City may
appeal said determination within 30 days after receipt of Hamel VFD's audit. Said appeal
shall be in writing and shall be addressed to Hamel VFD asking for arbitration by a board
of arbitration. The Board of Arbitration shall consist of three persons; one to be
appointed by Hamel VFD, one to be appointed by the appealing City, and the third to
be appointed by the two so selected. The name of each arbitrator shall be submitted in
writing to the other party. In the event that the two arbitrators so selected do not appoint
the third arbitrator within 15 days after receipt of written notice of appointment of either
of the first two arbitrators', the Chief Judge of the District Court of Hennepin County
shall have jurisdiction to appoint, upon application of any Contracted City, the third
arbitrator to the Board. The third arbitrator selected shall not be a resident of any
Contracted City, and shall be a city manager or administrator. The arbitrator's expenses,
not including counsel fees, incurred in the conduct of the arbitration, shall be divided
equally between the parties to the arbitration. Arbitration shall be conducted in
accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes,
and any decision shall be rendered within 60 days of appointment of the third arbitrator.
Said arbitration shall be binding on both parties.
19. Fire Advisory B o a r d Role
The Fire Advisory B o and shall meet no less than two times per year, with regular
meetings scheduled in March and July for the purpose of reviewing operational
performances, setting goals and providing strategic planning. Any Contracted City or
Hamel VFD may call meetings in addition to the regular meetings. This group shall
discuss and make recommendations regarding concerns or problems identified regarding
the provision of fire service, and to periodically review budget updates. The Fire
Advisory Board shall have the specific task of reviewing Hamel VFD's operating and
capital budget proposals for the next calendar year and arriving at a consensus annual
Fire Services Operating Budget and Fire Services Capital Budget according to the
timeframes established in Section 9.1 of this Agreement. Advisory Board members are
responsible for presenting securing the approval of the operating and capital budgets
10
to the City Council of from their respective Contracted City for approval. The Advisory
Board shall receive a complete copy of the Hamel Fire Relief Association's Pension Plan
Audit as filed with the State Auditor, verifying that the pension fund's integrity is being
maintained.
20. Termination of this Agreement
This Agreement shall be terminable only as follows:
1. For convenience, any party may choose to terminate this Agreement for any reason
provided that such termination is preceded by a minimum of a one (1) year written
notice. In no event shall a party -Contracted City issue a termination notice earlier
than December 31, 20194.
2. For cause, if a party breaches their obligations under this Agreement in a material
respect and the breach is not substantially cured within a ninety (90) day cure period
which begins when written notice is served.
3. By mutual written agreement of the Contracted Cities and Hamel VFD who are
covered by this Agreement.
21. Provision to adjust City Fire Service Area
During the term of this Agreement, a Contracted City may request that its City Fire Service
Area be reduced or increased in size. Such a request of less than five percent of the City
Fire Service Area must be made in writing prior to May 1 of the Contract Year to allow time
for preparing the Annual Fire Services Operating Budget for the succeeding Contract Year.
In the event that a Contracted City proposes an increase of more than five percent to its City
Fire Service Area, Hamel VFD shall have the right to limit the increase to assure that
coverage at the service level provided under this Agreement can be achieved by the
Department. Such a request of more than five percent must be made one year prior to the
desired effective date of the change. The service area shall not be increased to the extent that
it requires the purchase of additional equipment unless all parties to the contract agree. In
the event that a Contracted City wishes to decrease and/or alter the location by less than five
percent of its City Fire Service Area it may do so by specifying those changes in writing by
May 1 of the year prior to the Contract Year in which such change is to be effective. In
the event that a Contracted City wishes to decrease and/or alter the location by more than
five percent of its City Fire Service Area, it may do so by specifying those changes in
writing 3 months prior to the desired effective date of the change.
22. New Contracted Cities
The Contracted Cities and Hamel VFD will negotiate in good faith to add a new Contracted
City as a party to this Agreement. Addition of a new Contracted City to this Agreement
requires approval from each Contracted City Council of each currently Contracted City,
which will not be unreasonably withheld.
The Budget Share and a cost sharing formula will also be mutually agreed to by all parties.
In addition, the parties will undertake actions to ensure that capital contributions made by
a Contracted City prior to this event are considered when determining the capital
contribution/outlay amount required by the new Contracted City to become party to this
Agreement.
described in Section 2 of this Agreement without the approval of City Council from each
r rtf toa Git ,
23. Legal Compliance
This Agreement is governed by the laws of Minnesota. All parties to this Agreement
shall comply with all applicable statutory requirements.
This Contract replaces any existing contracts and agreements between the parties and is approved
by the Contracted Cities and Hamel Volunteer Fire Department on the date first written above.
CITY OF MEDINA
MAYOR CITY ADMINISTRATOR -CLERK
HAMEL VOLUNTEER FIRE DEPARTMENT
FIRE CHIEF ASSISTANT FIRE CHIEF
12
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: December 10, 2015
SUBJ: Planning Department Updates December 15, 2015 City Council Meeting
Land Use Application Review
A) Bradford Creek Plat and ROW Vacation — 2872 Ardmore Ave. — Susan Prodahl, Carl Henderson,
and Paul Henderson have requested plat approval in order to re -plat eight substandard lots in
Independence Beach into two buildable lots. The applicants have also requested that the City vacate
a portion of right-of-way to the north of the subject site in which there is currently no roadway
improvements. Staff is conducting a preliminary review to determine if the application is complete
for review. The Planning Commission held a public hearing at the December 8 meeting and
recommended approval. The request is scheduled to be presented to the Council on January 5.
B) Kal Point Site Plan Reivew, PUD Amendment — 340 Clydesdale Trail — Kalyan Vempaty has
requested an amendment to the Medina Clydesdale Marketplace PUD and a Site Plan Review to
construct a commercial building containing a restaurant and upstairs office space on the final lot
within Clydesdale Marketplace. Staff is conducting a preliminary review to determine if the
application is complete for review. The Planning Commission held a public hearing at the
December 8 meeting and recommended approval. The request is scheduled to be presented to the
Council on January 5.
C) 45 Highway SS Rezoning — Steve Clough has requested that the City rezone property to the east of
Aldi from Uptown Hame1-2 to Commercial Highway -Railroad. This zoning is the same as the Aldi
site and the property to the west of Sioux Drive in the vicinity. The rezoning is in anticipation of
commercial development of the site. The Planning Commission held a public hearing at the
December 8 meeting and recommended approval. The request is scheduled to be presented to the
Council on January 5.
D) Woodland Hill Preserve sign variance — 696 Woodland Hill Court — Woodland Hill Preserve Inc.
has requested a variance from the setback requirements for signs for the neighborhood monument
sign of Woodland Hill Preserve. The Planning Commission held a public hearing at the December 8
meeting and recommended denial of the variance from the front yard setback. The Commission
stated that they were not as concerned about the side yard setback variance. The request is
scheduled to be presented to the Council on January 5.
E) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review — Wealshire, LLC has
requested a site plan review for construction of a 173,000 sf memory care facility. The request also
includes a rezoning from RR-UR to Business Park and an Interim Use Permit to permit continued
agricultural use of the portion of the property not proposed to be developed. The Met Council has
also approved of the previous Comp Plan amendment. The Planning Commission reviewed the
rezoning, site plan review and interim use permit at the February 10 meeting and unanimously
recommended approval. The City Council reviewed at the May 19 meeting and directed staff to
prepare approval documents. The applicant has subsequently changed their proposed site plan which
was presented to the Planning Commission and Council. The applicant is working on finalizing
construction plans.
F) Medina Mini -Storage Site Plan Review; Text Amendment — 4790 Rolling Hills Road — Highway 55
Rental Portable Storage, LLC has requested a site plan review to construct three additional mini -
storage buildings. The applicant has also requested an amendment to the City's zoning code to
allow fiber -cement ("Hardiboard") exterior building materials in the Rural Business and Rural
Planning Department Update
Page 1 of 2 December 15, 2015
City Council Meeting
Commercial Holding districts. The Planning Commission held a public hearing at the October 13
meeting. The Commission supported fiber cement materials (lap siding only) in the RBH and RCH
districts and recommended approval of the site plan review. The City Council adopted the ordinance
on November 4 and adopted a resolution of approval on the site plan on November 17. Staff will
work with applicant on the conditions of approval before construction begins
G) St. Peter and Paul Cemetery and Hamel Place —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.
H) Stonegate Conservation Design Subdivision, Woods of Medina, Capital Knoll— these preliminary
plats have been approved and staff is awaiting a final plat application
I) Hamel Haven, Buehler subdivisions — These subdivisions have received final approval. Staff is
working with the applicants on the conditions of approval before construction begins.
J) Wright -Hennepin Solar Panels — WH has requested a conditional use permit for the installation of a
solar garden approximately an acre in area at their substation on Willow Drive, south of Highway
55. The Council adopted a resolution of approval at the June 16 meeting. Staff will work with the
applicant to meet the conditions of approval before construction.
Other Projects
A) Comprehensive Plan — The Steering Committee met on 11/19 and put together a draft vision
statement. The Steering Committee is requesting feedback on the vision statement via the Comp
Plan mySidewalk page. This information will be presented to the concurrent Planning
Commission/City Council meeting on December 15.
B) City Hall Renovation — staff has begun to move ahead on the City Hall renovation project and is
currently soliciting potential construction managers or owners representatives to see if there is any
interest in a project of this scale (as opposed to just bidding using a general contractor). Public
Works staff is conducting demolition of the basement in order to move the process along.
C) Recognition Party — planning staff coordinated the Recognition Party on December 3. Thank you
everyone who attended and everyone who provided tasty treats!
Planning Department Update
Page 2 of 2 December 15, 2015
City Council Meeting
MEDINA POLICE DEPARTMENT
600 Clydesdale Trail
Medina, MN 55340.9790
p: 763.473-9209
f: 763.473-8858
non -emergency: 763-525-6210
MEMORANDUM Emergency 9.1_1
TO: City Administrator Scott Johnson and City Council
FROM: Director Edgar J. Belland
DATE: December 10, 2015
RE: Department Updates
Holiday Train
On December 12th we will have the Canadian Pacific Railroad Holiday Train stopping in
Loretto at 4:15 pm. Last year it was on a Saturday and we had a huge turnout. This year it
is on Saturday again and with the nice weather projected, we are expecting another large
turnout. The event supports the local food shelfs. If you are looking for something to do on
Saturday afternoon, stop by and bring a non-perishable food item for the food shelf.
Out of Town
I will be out of town from December 10th to December 15th. I will be available by phone. If
anything comes up, please feel free to call me.
Fire Contracts
We continue to work on the Hamel Fire contract. We are currently working on the proposed
language that the fire officials have sent to us. We will set up a meeting to negotiate with the
fire department in the near future.
Patrol by Sergeant Jason Nelson
Patrol Activities
For the dates of November 24 to December 10, 2015, our officers issued 62 citations and 117
warnings for various traffic infractions. There were no driving while impaired arrests, nine
traffic accidents, 11 medicals and seven alarms.
On November 28, 2015, at approximately 11:45 pm, I noticed two suspicious parties hiding
behind a trailer located at the Medina Inn motel. When I shined my spotlight on them, they
walked about and refused to stop when asked to stop. Officer McGill assisted me in locating
the subjects. Both were intoxicated and one was found to have an outstanding warrant for
failure to appear for DWI. He was arrested and the other was sent away in a cab.
On December 2, 2015, Officer Jessen took a report from a business who indicated that they
had completed $7,500 in work on a truck and have not been paid as promised. The case was
forwarded to Hennepin County for charging.
On December 4, 2015, I took a report from a male who called and stated that his dog had
been getting into some rotten food and fish on his neighbor's property. The caller stated that
he was concerned because his dog has been getting sick. The caller was advised to keep his
dog off the neighbor's property and was also advised of the leash law.
On December 6, 2015, Officer Jessen was contacted by a doctor from the VA. He indicated
that a patient had left the VA after having a heart attack and that he is in need of immediate
medical attention and would die within two days if not treated. Officer Jessen made contact
with the patient who stated that he was fine and refused to be transported to the hospital. A
family member was called and they stated they would try and get the male to the hospital.
On December 8, 2015, I assisted West Hennepin Public Safety with a personal injury
accident in Independence. After providing CPR and using a defibrillator, the driver was
pronounced deceased.
On December 8, 2015, I took a report from a party who had their mail forwarded by
unknown persons to Florida. Victim reports that he has LifeLock monitoring his credit and
had been made aware of several attempts to open up accounts. This is the second case we
have received in the past month where mail had been shifted to Florida. Case forwarded to
postal authorities.
On December 8, 2015, Officer Converse and I were dispatched to a domestic involving the
caller and her 45 year old son who was intoxicated and breaking things in the house. The
male stated they were arguing over who gets the last beer and he became upset and broke
items in the house. The male agreed to go to detox.
On December 8, 2015, Officer McKinley took a report from employees of Holiday gas
station. Employee stated that she was the victim of a quick change artist and had given the
male doing the scam an extra $250. Case was forwarded to Investigations.
Criminal Investigations by Investigator Charmane Domino
An older male has been frequenting a local business and making sexually based inappropriate
comments to one of the teenage employees. Working to obtain video in an attempt to identify
the suspect.
Report of a stolen tablet from a local business. Tablet belonged to an employee. No known
suspects at this time.
Received a complaint from a resident who was grossly overcharged for services rendered on
his house.
Received a report from Hennepin County Child Protection of a possible child abuse case.
Working with a social worker to determine if the allegations are true.
Open cases currently under investigation: 17
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: December 9, 2015
MEETING: December 15, 2015
SUBJECT: Public Works Update
STREETS
• Our first snowfall was short lived and has since disappeared. With a little luck we will
save some money on deicing the streets this year. It was good to take a trial run with the
new trucks and streets we took on this year.
• I have been working on a pavement plan for next year and beyond. We are starting to see
the effects of the newer streets and overlays we started five and six years ago coming into
the pavement maintenance plan. I did ask for an increase this year for maintenance to
keep up with this change.
• Public Works did some shouldering work along Willow Drive south this week. This is
unusual in December, but we are taking advantage of the long work season this year.
• I have been getting some quotes on converting the streetlights in uptown Hamel to LED.
We are continually changing bulbs. We will save considerably on maintenance and
electric with the conversion.
WATER/SEWER/STORMWATER
• Linda and I are wrapping up the final report for the Ardmore Stormwater Retrofit Grant
Project. The sign has been ordered and everything will be finalized by the end of the
year.
• The PW crew dealt with a watermain break along Bobolink Road in Medina
Morningside on Monday, December 7th.
• Things are still not stable on the construction sites, so Jack has had to continue his
erosion inspections and will continue to do so until things freeze.
• We have begun our upgrades to our security systems at the water and sewer facilities to
a 4 g system.
PARKS/TRAILS
• The parks are quiet right now. There was some sledding on the sliding hill after the snow,
but we will have to wait for the ice rinks and the sliding for now.
• We are working on the Arrowhead Trail design and do plan on that for a 2016 project.
This will be funded by the Park dedication fund.
• I have spoken to the property owner adjacent to Tomann Park about possibly purchasing
a small portion of his property bordering the northeast corner of the park. This has been a
goal of the Park Commission for several years.
MISCELLANEOUS
• PW will help save on the cost of the City Hall renovation by doing a lot of the
preliminary demolition of the downstairs since they have some time on their hands with
the lack of snowfall so far this season.
ORDER CHECKS December 2, 2015 - December 15, 2015
43692 AHMED, HUSEIN $250.00
43693 JEFFREY/SARAH BORCHARDT $24.01
43694 EARL F ANDERSEN INC $144.10
43695 EMISON, BILL $88.40
43696 JONES, CHRISTINE $150.00
43697 MAHESH, PRATIBHA $250.00
43698 NIH HOMES, LLC $10,000.00
43699 OKANE, KAREN/PATRICK $500.00
43700 SMITH, NANCY $108.14
43701 STEWART TITLE COMPANY $238.47
43702 ABDO, EICK & MEYERS LLP $75.00
43703 ADAM'S PEST CONTROL INC $75.00
43704 ALLSTAR ELECTRIC $495.00
43705 ASPEN MILLS INC $268.55
43706 ASPHALT SURFACE TECH CORP $218,577.31
43707 AUTOMATIC SYSTEMS CO $1,264.25
43708 BERGANKDV, LTD $1,400.00
43709 BLUE CROSS BLUE SHIELD OF MN $32,616.00
43710 BOYER FORD TRUCKS INC $63.70
43711 CENTURYLINK $194.02
43712 DESLAURIERS & SONS INC $6,601.00
43713 DS HUNZ SERVICES INC $85.00
43714 EARL F ANDERSEN INC $305.50
43715 ECM PUBLISHERS INC $229.54
43716 EMBEDDED SYSTEMS, INC. $3,162.96
43717 GILLUND ENTERPRISES $564.50
43718 GOODIN COMPANY $297.34
43719 GOPHER STATE ONE CALL $375.85
43720 GREGOR FARM & GREENHOUSE INC $37.98
43721 HAKANSON ANDERSON ASSOCIATES I $500.00
43722 HAMEL LUMBER INC $743.98
43723 HAMEL LIONS CLUB $1,181.25
43724 HENN COUNTY SHERIFF $209.00
43725 HENN COUNTY TAXPAYER SVCS DEPT $844.56
43726 HENN CTY RESIDENT/REAL ESTATE $101.00
43727 HENRYS WATERWORKS INC $7,481.20
43728 CITY OF INDEPENDENCE $484.06
43729 INTERSTATE ALL BATTERY $249.75
43730 LEXISNEXIS RISK DATA MGMT INC $36.50
43731 CITY OF MAPLE PLAIN $670.66
43732 MARK J TRAUT WELLS, INC $21,657.62
43733 MATHESON TRI-GAS INC $73.60
43734 MCFOA $15.00
43735 MCMA-MN CTY/CO MGMT ASSOC $125.00
43736 METROPOLITAN COUNCIL $17,221.05
43737 METRO WEST INSPECTION $13,370.07
43738 MINUTEMAN PRESS $1,922.30
43739 MN BUREAU OF CRIMINAL $25.00
43740 MN SHERIFFS ASSOCIATION $120.00
43741 NAPA OF CORCORAN INC $579.87
43742 NELSON ELECTRIC MOTOR REPAIR $520.00
43743 NORTHWEST ASSOC CONSULTANTS $1,176.08
43744 OFFICE DEPOT $304.12
43745 OMANN BROTHERS PAVING INC $90,939.64
43746 CITY OF ORONO $564.05
43747 CITY OF PLYMOUTH $189.28
43748 RANDY'S SANITATION INC $46.78
43749 RCM SPECIALTIES, INC. $1,462.50
43750 RDJ SPECIALTIES, INC. $120.32
43751 SAMS LAWN & LANDSCAPE INC $300.00
43752 SCHERER, STEVEN $150.00
43753 STREICHER'S $1,539.75
43754 SUBURBAN TIRE WHOLESALE INC $934.56
43755 SYMBOLARTS $95.00
43756 TALLEN & BAERTSCHI $3,202.98
43757 TIMESAVER OFFSITE $133.00
43758 TIMM'S LUMBER AND SAWING INC $250.00
43759 WESTSIDE WHOLESALE TIRE $92.00
Total Checks $448,073.15
Electronic Payments December 2, 2015 — December 15, 2015
003433E MINNESOTA, STATE OF $43.25
003434E FARMERS STATE BANK OF HAMEL $12.00
003435E PR PERA $14,730.25
003436E PR FED/FICA $16,230.89
003437E PR MN Deferred Comp $0.00
003438E PR STATE OF MINNESOTA $3,454.89
003439E SELECT ACCOUNT $1,185.33
003440E CITY OF MEDINA $19.00
003441E FARMERS STATE BANK OF HAMEL $20.00
003442E SELECT ACCOUNT $216.42
003443E PR PERA $10.88
003444E AFLAC $394.88
003445E CIPHER LABORATORIES INC. $4,753.00
003446E CULLIGAN-METRO $31.80
003447E FRONTIER $55.41
003448E MEDIACOM OF MN LLC $193.98
003449E PITNEY BOWES $1,000.00
003450E PREMIUM WATERS INC $22.17
003451E PAYMENT SERVICE NETWORK INC $314.65
003452E VALVOLINE FLEET SERVICES $41.99
003453E VERIZON WIRELESS $1,196.97
003454E SELECT ACCOUNT $2,469.14
Total Electronic Checks $46,396.90
PAYROLL DIRECT DEPOSIT December 2, 2015
506816 ALTENDORF, JENNIFER L. $1,269.15
506817 ANDERSON, JOHN G $230.87
506818 BARNHART, ERIN A $1,872.92
506819 BELLAND, EDGAR J $2,484.21
506820 BOECKER, KEVIN D $3,387.75
506821 CONVERSE, KEITH A. $2,504.28
506822 COUSINEAU, LORIE K $230.87
506823 DINGMANN, IVAN W. $1,720.62
506824 DOMINO, CHARMANE $1,740.34
506825 ENDE, JOSEPH $1,356.10
506826 FINKE, DUSTIN D $2,205.36
506827 GALLUP, JODI M. $1,595.39
506828 GLEASON, JOHN M. $2,119.31
506829 GREGORY, THOMAS $2,219.27
506830 HALL, DAVID M $1,993.82
506831 JESSEN, JEREMIAH S. $2,505.30
506832 JOHNSON, SCOTT T $2,201.03
506833 KLAERS, ANNE M. $1,094.26
506834 LANE, LINDA $1,465.16
506835 LEUER, GREGORY J. $2,017.91
506836 MARTIN, KATHLEEN M $230.87
506837 MCGILL, CHRISTOPHER R. $1,583.09
506838 MCKINLEY, JOSHUA D $1,435.08
506839 MITCHELL, ROBERT G. $327.06
506840 NELSON, JASON $3,416.85
506841 PALMER, CLARK A $633.52
506842 PEDERSON, JEFF $221.92
506843 PETERSON, DEBRAA $1,545.17
506844 REINKING, DEREK M $1,612.93
506845 SCHERER, STEVEN T. $2,279.10
506846 VIEAU, CECILIA M $1,165.44
506847 WENANDE, BRANDON S $512.86
Total Payroll Direct Deposit $51,177.81