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08.07.2019 Complete City Council Meeting Packet
Posted 8/1/2019 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Wednesday, August 7, 2019 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the July 16, 2019 Special Council Meeting B. Minutes of the July 16, 2019 Regular Council Meeting V. CONSENT AGENDA A. Approve 2020 Kennedy & Graven Rates B. Approve 2020 Steve Tallen Rates C. Approve 2020 WSB Engineering Rates D. Resolution Accepting Resignation of Community Service Officer Melissa Robbins E. Authorize to Recruit and Hire Community Service Officer Position F. Approve Updated Job Description for Assistant City Administrator/City Clerk VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Presbyterian Homes Conduit Bonds – Public Hearing 1. Resolution Authorizing the Issuance of Revenue Obligations for the Benefit of PHS Founders Ridge, Inc.; Approving the Execution of the Revenue Obligations and Related Documents; and Taking Other Actions with Respect Thereto B. Hamel Fire Department Transition Group Study Request C. Raskobs Elm Creek Addition – Final Plat 1. Resolution Granting Final Plat Approval of Raskobs Elm Creek Addition 2. Development Agreement by and between the City of Medina and the Patricia R. Raskob Trust D. Arrowhead Quiet Zone Project – Update from WSB VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. ADJOURN 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 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: August 1, 2019 DATE OF MEETING: August 7, 2019 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve 2020 Kennedy & Graven Rates – Kennedy and Graven is proposing an overall average rate increase of 1.88% for 2020 over 2019. Staff recommends approval. See attached letter. B. Approve 2020 Steve Tallen Rates – Prosecuting Attorney Steve Tallen is proposing a 2.5% increase, which is consistent with the 3-year agreement to match staff cost of living adjustments to his contract. Staff recommends approval. See attached letter. C. Approve 2020 WSB Engineering Rates –WSB is proposing an overall average rate increase of 2.3%. Staff recommends approval. See attached letter and rate schedule. D. Resolution Accepting Resignation of Community Service Officer Melissa Robbins – Community Service Officer Melissa Robbins has recently accepted a full-time licensed Police Officer position with the City of Buffalo. Staff recommends adopting the attached resolution accepting her resignation. See attached memo and resolution. E. Authorize to Recruit and Hire Community Service Officer Position – Staff requests authorization to recruit and hire a new community service officer to replace Melissa Robbins’ vacant position. Staff recommends approval. See attached memo. F. Approve Updated Job Description for Assistant City Administrator/City Clerk – Attached is a proposed updated job description with added job responsibilities. I am recommending a reclassification of the Assistant City Administrator/City Clerk position. Staff incorporated into the proposed 2020 Budget (as discussed at the June 18th Work Session) the reclassification of the Assistant City Administrator/City Clerk position pay grade from a Grade 5-6 to a Grade 7-8 due to increased job responsibilities, supervisor role of part- time staff, completion this fall of a Master’s program (currently using the continuing education program), and increased participation/responsibility at Department Head and 2 City Council meetings. The position would also change to salaried from the current hourly pay structure due to the exercise of independent discretion and judgment. Staff recommends approval. See attached memo and job description. VII. NEW BUSINESS A. Presbyterian Homes Conduit Bonds – Public Hearing – The City of Medina received a request from PHS Founders Ridge, Inc., a Minnesota nonprofit corporation, to issue one or more series of tax-exempt or taxable revenue obligations (the “City Note”) in an aggregate principal amount not to exceed $10,000,000. The Borrower has proposed to apply the proceeds to finance the costs of the acquisition, construction, and equipping by the Borrower of approximately 111 independent senior living apartments. In exchange, the City of Medina will receive a $50,000 payment for the use of the conduit bonds. The City of Medina is not legally obligated financially if bond payments are defaulted. See attached resolution. Recommended Motion: Move to adopt resolution authorizing the issuance of revenue obligations for the benefit of PHS Founders Ridge, Inc.; approving the execution of the revenue obligations and related documents; and taking other actions with respect thereto B. Hamel Fire Department Transition Group Study Request – City Attorney Ron Batty has provided the attached memo to discuss options for attending meetings for the requested Hamel Fire Department Transition Group meetings. Staff is requesting City Council discussion and direction. See attached memo. C. Raskobs Elm Creek Addition – Final Plat – On May 21, 2019, the City Council adopted resolution 2019-33, granting preliminary approval to the Patricia R. Raskob Trust for the subdivision of property at 500 Hamel Road into two lots (6.72 acre and 1.78 acres). The subject property is located north of Hamel Road, west of Hunter Drive. The owner has now requested final approval of the plat. The purpose of a final plat review is to ensure that the final plat is consistent with the approved preliminary plat and to ensure that all the conditions of approval have been met. See attached report. Recommended Motion # 1: Adopt Resolution Granting Final Plat Approval of Raskobs Elm Creek Addition Recommended Motion #2: Approve Development Agreement by and between the City of Medina and the Patricia R. Raskob Trust 3 D. Arrowhead Quiet Zone Project – Update from WSB – The Arrowhead Drive Quiet Zone Project consists of establishing a new quiet zone on the Canadian Pacific Railroad (CP) corridor at the public highway-rail at-grade crossing on Arrowhead Drive near the intersection with Trunk Highway 55 (TH 55). The City of Medina received a $400,000 LRIP grant from the state and will be required to lead the project to establish the quiet zone through our engineering services with WSB. WSB has provided a not-to-exceed quote amount of $32,960 to provide final design and bidding services for the project. Staff recommends paying the $32,960 from the quiet zone fund that was established to pay for up front quiet zone expenses. See attached memo. Recommended Motion: Authorize preparation of final plans and specifications and approve engineering services agreement with WSB for final design and bidding services. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005163E-005182E for $54,919.43 and order check numbers 049085-049160 for $588,008.79 and payroll EFT 0509589-0509618 for $53,962.82. INFORMATION PACKET: Planning Department Update Police Department Update Public Works Department Update Claims List Medina City Council Special Meeting Minutes 1 July 16, 2019 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF JULY 16, 2019 The City Council of Medina, Minnesota met in special session on July 16, 2019 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Albers, Anderson, DesLauriers, Martin, Pederson Members absent: Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi Gallup, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public Safety Director Ed Belland and Planning Director Dusty Finke II. 2020 Preliminary Budget Discussion Finance Director Erin Barnhart provided background information on annual contract changes, phasing police radios from the DWI Forfeiture Fund (expected to be depleted in 2021) to the General Fund, increased expenses to building operations, the addition of the Presidential Primary expense, the decrease in court fine revenues ($20,000 for 2020), phasing out antenna revenue from the General Fund ($63,000 remaining) in 2020, the addition of a full-time police officer ($80,000), and review of building permits for 2020. Council Members asked Staff to take a closer look at fines, forfeitures, and permit numbers for 2020 for the September 3rd preliminary budget. Public Works Director Steve Scherer provided background information on the CIP regarding future parks projects. Council reviewed options for a Municipal Park Fund to fund future park replacement expenses. Council requested a pause with the budget discussion to discuss the transition group study request from the Hamel Fire Department. III. Hamel Fire Department Transition Group Study Request Mario Fabrizio from the Hamel Fire Department provided the City Council with an invitation for dialogue to study fire protection in the Hamel Fire area. The letter from the Hamel Fire Department Board of Directors requested discussion of options to provide future fire services and possibly look into a future transition to a municipal fire department. The requested discussions would not bind either party to any particular action or outcome. The group would look at new constructs for providing fire services and future facilities. The hope was that this discussion would set the stage for the next generation of fire protection. The majority of the City Council supported the request and participation in the discussions. Staff was directed to prepare meeting notes and to provide the information to the City Council. Council recessed the Work Session at 7:09 PM. The City Council resumed the Work Session at 7:49 PM. Council requested further information from the Hamel Fire Department on their needs, box alarms, medical calls, and the Police Departments roll in handling minor calls. Medina City Council Special Meeting Minutes 2 July 16, 2019 Mario Fabrizio from the Hamel Fire Department provided background information on CAD systems. Hamel Fire is automatically paged for 9 codes. Hamel Fire can assist Medina Police when requested. Box Alarms help with getting needed resources to calls for certain events. This is an efficient way of asking for fire resources. Mutual Aid is also used between fire departments to provide resources. Mr. Fabrizio further discussed the difficulty in recruiting and retaining firefighters. The lack of volunteer firefighters is a nationwide issue. Some areas are switching to duty crews or full-time firefighters to provide coverage. Further, Mr. Fabrizio explained Hamel Fire is growing leaders with a succession plan. It may take 1 to 2 years before staff members are ready for leadership roles with the Department (this is dependent on staff staying with the Department). Council and staff thanked the Hamel Fire Department for their service and information. The majority of the City Council supported Hamel Fire Department’s request and participation in the discussions. IV. 2020 Preliminary Budget Discussion (Continued) Finance Director Erin Barnhart further discussed assigning leave liability amounts to reserves from Medina’s General Fund Reserves, proposed enterprise fund increases of Water 1.5%, Sewer 2%, and Storm Water 3% for 2020, no changes were recommended to the 2020 water/sewer connection fees, discussed using connection fees to fund the future water tower and water treatment plant (connection fees may not fully fund the projects), discussed the law change with DWI forfeitures that will deplete the DWI fund for Medina by 2020, and discussed the revolving capital fund needs and possible future fire expenditures that could impact future budgets. Planning Director Dusty Finke reviewed the Affordable and Life-Cycle Housing Opportunity Amount (ALHOA) under the Livable Communities Act. Council directed staff to utilize antenna revenue to fund this item. Erin Barnhart further reviewed the Equipment Fund and Municipal Park Fund. Bonding options would include $93,045 cost of issuance and interest for a 3-year bond and $157,159 cost of issuance and interest for a 5-year bond. The City Council unanimously directed staff to not move forward with bonding options. Council discussed the funding options for both funds. The majority of the City Council directed staff to fully fund the Equipment Fund and Municipal Park Fund in the 2020 Budget. Adjournment Martin closed the meeting at 9:22 p.m. _________________________ Kathleen Martin, Mayor Attest ____________________________ Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 1 July 16, 2019 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 16, 2019 3 4 The City Council of Medina, Minnesota met in regular session on July 16, 2019 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, Anderson, DesLauriers, Martin, and Pederson. 10 11 Members absent: None. 12 13 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer 14 Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, 15 and Chief of Police Ed Belland. 16 17 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18 19 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 20 The agenda was approved as presented. 21 22 IV. APPROVAL OF MINUTES (7:01 p.m.) 23 24 A. Approval of the July 2, 2019 Regular City Council Meeting Minutes 25 Martin noted that she and Anderson provided comments to the minutes that have been 26 distributed to the Council. She noted on page three, line 49, it should state, “…471 27 square feet.” 28 29 Moved by Anderson, seconded by Pederson, to approve the July 2, 2019 regular City 30 Council meeting minutes as amended. Motion passed unanimously. 31 32 V. CONSENT AGENDA (7:02 p.m.) 33 34 A. Approve Temporary Liquor License to Holy Name of Jesus Church at 155 35 County Road 24 on September 14, 2019 36 B. Approve Temporary Liquor License to Wildlife Rehabilitation Center of 37 Minnesota at 3000 Hamel Road on August 10, 2019 38 C. Approve Brockton Lane Engineering Design Cost Amendment 39 Moved by Pederson, seconded by DesLauriers, to approve the consent agenda. Motion 40 passed unanimously. 41 42 VI. COMMENTS (7:03 p.m.) 43 44 A. Comments from Citizens on Items not on the Agenda 45 Ryan Lindell, 565 Hackamore Road, stated that he is present to discuss drainage issues 46 on Hackamore Road. He noted that there are reoccurring issues following rainfall 47 events. He believed that the drainage is coming from Wild Meadows and through the 48 catch basin in his yard. He recognized that his lot is the lowest elevation but noted that 49 his yard is constantly flooding because of all the development that has occurred around 50 him. He stated that the catch basin in his yard does work but cannot keep up and is 51 Medina City Council Meeting Minutes 2 July 16, 2019 causing flooding in his yard and with his shed and barn. He asked if the City could work 1 with him to divert some of the stormwater from other developments in the area away 2 from his property. He provided photographs that he took following a recent storm event. 3 He appreciated Public Works Director Steve Scherer working with him recently. 4 5 Scherer stated that he has been working with the homeowner and has been to the 6 property a few times. He noted that a few years ago they switched the drains on the 7 catch basin to a smaller grate, which he believes plugs up easier. He stated that the 8 Wild Meadows drainage has been completely diverted and does not drain to this 9 property. He stated that he spoke with Corcoran public works this morning and asked if 10 the ditch on the Corcoran side of the road could be lowered a few inches, which would 11 divert that water. He explained that the water coming into the resident’s property is 12 coming from the north. He suggested that the grate be removed with temporary fencing 13 for safety while he works with Corcoran. He stated that staff continues to look for a long-14 term fix when they improve Hackamore, noting that improvement is budgeted for 2023 15 dependent on the Pulte development. 16 17 Anderson asked if there is a way to block the water coming across Hackamore from the 18 Corcoran side. 19 20 Scherer stated that he would not recommend blocking culverts. He explained that the 21 culvert is the overflow for the Lindell property as well. 22 23 B. Park Commission 24 Scherer reported that the Park Commission meeting for the following night has been 25 canceled. He noted that the Commission has been working on the presentation that was 26 made to the Council which explained their goals. 27 28 C. Planning Commission 29 Planning Commissioner Rashmi Williams stated that the Planning Commission met to 30 discuss an amendment to the R-2 zoning ordinance to reduce the setback, noting that 31 the majority of the Commission felt it was not appropriate to amend the ordinance for 32 something that impacted so few properties and instead believed that staff should look 33 into an alternate method to allow the activity. She stated that the Commission also 34 discussed the issue of illumination of signs and recommended denial of amending that 35 ordinance. 36 37 Finke stated that staff and the Commission will further discuss the topics in the future. 38 39 VII. NEW BUSINESS 40 41 A. Major Roadway Setback Discussion (7:19 p.m.) 42 Finke stated that there was a specific request from property owners to reduce the R-2 43 setback in the case of minor collector roadways but during that discussion various other 44 options were reviewed, specifically the interplay between some of the regulations and 45 the realities of the current construction development trends. He noted that there are 46 comparatively smaller lots with maximized building pads for homes that does not leave 47 much room for yard and decks. He explained that if the setback for minor collector 48 roads is reduced, builders will simply build the home five feet larger which still would not 49 leave room for a deck. He stated that the direction from the Planning Commission was 50 Medina City Council Meeting Minutes 3 July 16, 2019 to look at the issue more broadly. He asked if the Council also agrees that staff should 1 further review the issue and bring information back to the Planning Commission. 2 3 Martin stated that the City is attempting to keep the backyards adjacent to the roadway 4 as open space. She noted that this homeowner could have constructed an eight-foot 5 deck all along the length of the home. She stated that perhaps the option would be for a 6 homeowner to construct the allowed deck size or determine the square footage of the 7 deck that would be allowed and allow a percentage of that which could extend into the 8 setback. She noted that you often see a sliding glass door that extends to nowhere and 9 she would prefer to see a deck. She agreed that changing the setback would not 10 resolve the situation. 11 12 Finke explained that if additional setback is required from major roadways, additional lot 13 depth should be required as well in an attempt to prevent some of these issues. 14 15 Martin noted that another variable could be added that could state the maximum 16 encroachment could be five or ten feet. 17 18 Anderson noted that it appears that this would provide staff with some options. 19 20 Martin confirmed the consensus of the Council to not change the setback and direct staff 21 to review this topic further. 22 23 VIII. CITY ADMINISTRATOR REPORT (7:28 p.m.) 24 Johnson stated that Night to Unite is Tuesday, August 6th which shifts the Council 25 meeting to Wednesday, August 7th. 26 27 IX. MAYOR & CITY COUNCIL REPORTS (7:29 p.m.) 28 Pederson stated that he was the Grand Marshall of the Hamel Rodeo Parade 29 representing Highway 55 Rental. He commented that the event was well run by the 30 Medina Police and was a fun event. He stated that he also assisted with vehicle parking 31 with the Hamel Fire Department for the rodeo. 32 33 Martin commended DesLauriers for his work with the event. 34 35 DesLauriers stated that there were some challenges this year with Brockton Road 36 project. He thanked the police department for their assistance with the event. 37 38 Martin referenced a recent newspaper article on the Jerry Dykhoff Family for their 35 39 years of service volunteering at the concession stand at the Hamel Rodeo. 40 41 X. APPROVAL TO PAY THE BILLS (7:31 p.m.) 42 Moved by Anderson, seconded by Pederson, to approve the bills, EFT 005142E-43 005162E for $101,651.52 and order check numbers 049026-049084 for $269,615.00 44 and payroll EFT 0509554-0509588 for $55,624.97 and payroll check 0020441 for 45 $3,372.30. Motion passed unanimously. 46 47 XI. ADJOURN 48 Moved by DesLauriers, seconded by Anderson, to adjourn the meeting at 7:32 p.m. 49 Motion passed unanimously. 50 51 Medina City Council Meeting Minutes 4 July 16, 2019 1 __________________________________ 2 Kathleen Martin, Mayor 3 Attest: 4 5 ____________________________________ 6 Jodi M. Gallup, City Clerk 7 Agenda Item # 5A STEVEN M. TALLEN steve@tablawmn.com Jvfr. Scott Johnson Medina City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 TALLEN and BAERTSCHI Attorneys at Law 920 Second Avenue South Suite 1540 MINNEAPOLIS, MN 55402-2224 FACSIMILE (612) 349-3995 TELEPHONE (612) 349-3900 July 19, 2019 Re: Calendar Year 2020 Prosecution Services Dear Mr. Johnson: PAUL D. BAERTSCID paul@tablawmn.com I received your e-mail dated July 17, 2019 concerning cost of living increases for all the City's consultants. As you may recall on November 21, 2018, I submitted a proposal to the City for a 3-year agreement with the understanding that any cost of living increases would be limited to the cost ofliving adjustment the City gave to its staff. I have enclosed a copy of that letter for your information. A 2.5% increase for 2020 would be just fine with me and unless I hear differently from you, I will assume that that is fine with the City. I know its only mid-year, and normally I appear in front of the Council either at the end of the year or the beginning of the new year but if you would like me to appear any sooner, I would be happy to do so. As always, I want to thank you, the Police Department and the Council for the support you've shown me over the years. 2020 will mark my 34th year as prosecuting.attorney for the. City of Medina. I believe I've built many solid relationships both with the Police Department, the City Staff and the Mayor and Council members over the years. I look forward to continuing to serve the residents of Medina. SMT/jt Enclosure cc: Chief Ed Belland Sincerely, Steven M. Tallen Prosecuting Attorney City of Medina Agenda Item # 5B TALLEN and BAERTSCHI Attorneys at Law STEVEN M. TALLEN steve a4ta blawm n.com Paralegal: Marijo Witte mwittealintegrastet Mr. Scott Johnson City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 920 2nd Avenue South Suite 1540 MINNEAPOLIS, MN 55402-2224 612-349-3900 November 21, 2018 Re: 2019 Prosecution Agreement Dear Mr. Johnson: PAUL D. BAERTSCHI paulra,tablawmn.com Last year the City and I entered into an agreement to provide prosecution services for calendar years 2018, 2019 and 2020. We agreed on an adjustment for 2018, and then agreed that any future adjustments under the proposal would be the same as the cost -of -living adjustment that the City gave to its staff. On November 20, 2018, you left me a message indicating that staff increase for 2019 was 2.5%. Applying that percentage to the present rate of $137 per hour for attorney time, the new figure will be $140.42, which I will round down to $140.25. For legal assistant time, the present rate is $76.75 per hour. Applying the 2.5% increase, the new figure will be $78.60, which I will round down to $78.50 per hour. I propose that all other terms remain the same. I will call you in a week or so to see if you can schedule me before the council either at a regular session, or a work session to discuss any prosecution -related questions they may have. I also want to thank you, the police department and the council for the support you have shown me over the years. 2019 will mark my 33rd year as prosecuting attorney for the City of Medina. I have enjoyed every one of those years. I hope that you, the police department and the council are pleased with my performance. I look forward to working with you and the City on behalf of the citizens in the future. Sincerely, Steven M. Tallen Medina Prosecuting Attorney SMT/mw cc: Chief Ed Belland 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 5 5 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M July 31, 2019 Mr. Scott Johnson City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 Re: WSB 2020 Rate Schedule Dear Mr. Johnson: WSB is grateful for our relationship with you, your team and community, and we look forward to continuing to build on this and provide support to deliver your long-range community vision. WSB was named one of Star Tribune’s Top 150 Workplaces by our staff for the seventh year in a row; WSB ranked #7 for midsize employers this year. We are proud that our staff are engaged and enjoy working together on your behalf. As in past years, we continue to invest in, and develop, our state-of-the art design services by incorporating leading edge technology like advanced visualization services, more realistic 3D and CAD imaging, innovative GIS capabilities and new methods that incorporate Artificial Intelligence, Augmented Reality and Virtual Reality. WSB is committed to providing a full range of industry leading services to the City of Medina. We believe that through our continued focus on collaboration with your team and community stakeholders, we will continue to develop exceptional solutions at every step along the way. We have attached our proposed 2020 Rate Schedule for our typical services for your information. We are committed to providing the highest quality services at a reasonable price. To that end we are proposing an average increase of 2.3% again for our 2020 rates and will maintain the current monthly retainer amount of $1,800. We are thankful for partners like you who have shared in our vision, passion and commitment to your projects. Thank you again for the opportunity to serve you. I would be happy to answer any questions regarding our requested rate schedule changes. Please contact me any time at 763.287.8532. Sincerely, WSB Jim Stremel, PE City Engineer/Senior Project Manager Attachment CC: Erin Barnhart, Finance Director Agenda Item # 5C 2019 Rate Schedule WSBENG.COM Billing Rate/Hour PRINCIPAL $166-$185 ASSOCIATE | SR. PROJECT MANAGER | SR. PROJECT ENGINEER $150-$185 PROJECT MANAGER $132-$146 PROJECT ENGINEER $116-$146 GRADUATE ENGINEER $88-$109 SR. LANDSCAPE ARCHITECT | SR. PLANNER | SR. GIS SPECIALIST $116-$146 LANDSCAPE ARCHITECT | PLANNER | GIS SPECIALIST $69-$109 ENGINEERING SPECIALIST | SR. ENVIRONMENTAL SCIENTIST $99-$143 ENGINEERING TECHNICIAN | ENVIRONMENTAL SCIENTIST $57-$94 CONSTRUCTION OBSERVER $93-$118 SURVEY One-Person Crew $145 Two-Person Crew $190 Three-Person Crew $205 OFFICE TECHNICIAN $52-$92 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs asso- ciated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. TO: City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: August 1, 2019 RE: Community Service Officer Robbins’ Resignation On July 25, 2019 Community Service Officer (CSO) Melissa Robbins turned in her resignation letter resigning her position with the City of Medina. CSO Robbins has accepted a position with the Buffalo Minnesota Police Department as a full-time licensed officer. Melissa has done a great job for our City and department. She was very active in all the community events and the training of our newest CSO. Attached is her resignation letter. I would ask the City Council to pass the attached resolution accepting Community Service Officer Melissa Robbins resignation. I would ask the City Council for permission to recruit and hiring the replacement for the open part-time CSO position. MEMORANDUM Agenda Items # 5D & 5E Resolution No. 2019- August 7, 2019 Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019- RESOLUTION ACCEPTING RESIGNATION OF COMMUNITY SERVICE OFFICER MELISSA ROBBINS WHEREAS, Melissa Robbins is currently employed as a Community Service Officer in the Police Department of the city of Medina; and WHEREAS, on July 25 , 2019, Melissa Robbins submitted a letter of resignation from her position addressed to the Director of Public Safety; and WHEREAS, Melissa Robbins’ resignation from her position shall become effective August 7, 2019. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that Melissa Robbins’ letter of resignation is hereby accepted. Dated: August 7, 2019. ______________________________ Kathleen Martin, Mayor ATTEST: _______________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ______ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019- 2 August 7, 2019 Exhibit A MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: July 19, 2019 DATE OF MEETING: August 7, 2019 SUBJECT: Assistant City Administrator/City Clerk Reclassification General Background The philosophy of the City of Medina has been to keep a small staff with diverse job responsibilities. Employees have taken on new substantial job responsibilities and have followed through on training opportunities to take on leadership roles in the organization. These efforts have allowed the City to retain a smaller staff. Attached is a proposed updated job description with the added job responsibilities. I am recommending a reclassification of the Assistant City Administrator/City Clerk position. Staff incorporated into the proposed 2020 Budget (as discussed at the June 18th Work Session) the reclassification of the Assistant City Administrator/City Clerk position pay grade from a Grade 5-6 to a Grade 7-8 due to increased job responsibilities, supervisor role of part-time staff, completion this fall of a Master’s program (currently using the continuing education program), and increased participation/responsibility at Department Head and City Council meetings. The position would also change to salaried from the current hourly pay structure due to the exercise of independent discretion and judgment. As a salaried employee, the position would no longer be eligible for overtime pay or compensatory time, which further justifies the pay grade increase. I think these changes will help us to retain a valued employee, allow the employee future growth, and help recoup Medina’s investment in her education. Pay Equity The pay grade increase is also a matter of staying in compliance with the Minnesota Local Government Pay Equity Act, which was established to eliminate any gender-based wage inequities in compensation. Currently, Department Head positions and Supervisor positions at the City of Medina range in pay grades from 7-11. The Police Sergeant is a pay grade 8, the Finance Director is 7-9, the Planning Director is 8-9, the Public Works Director is 9, the Public Safety Director is 10, the City Administrator is 11. Leaving the Assistant City Administrator at a 5-6 could be in violation of the pay equity act. Pay equity reporting will flag that the two leadership positions that are currently held by females at the City of Medina have the lowest pay grades (Finance Director and Assistant City Administrator). West Metro Comparable Cities The attached Exhibit A compares the wages and benefits for the Assistant City Administrator/City Clerk position with other similar sized cities in the West Metro. Please note the benefit dollar amount is the maximum monthly benefit when electing family coverage, but not everyone elects family coverage and their individual coverage only costs a fraction of the Agenda Item # 5F price of family coverage. As an example, the City of Medina covers up to a maximum of $1,753 a month in health insurance, but if the Assistant City Administrator elected single coverage, the cost to the city would only be $464 per month. Performance Ms. Gallup is meeting or exceeding expectations of performance in all areas including technical knowledge of the position, exceptional ability to handle detail/organize projects, provides great leadership, excellent decision-making and has high organizational commitment. In my assessment, Mrs. Gallup has delivered extremely well on meeting the expectations of her duties and adding knowledge since the City invested in her Master’s program. I encourage the Council to contact me prior to the meeting if you have any questions or additional comments on Mrs. Gallup’s job performance. Recommendation I recommend updating the job description with a salary reclassification to pay grade 7-8 for the Assistant City Administrator/City Clerk position and change the pay structure to salaried from hourly. All other benefits to be at the same rate as other non-union employees, in accordance with the City Personnel Policies. Range Range Minimum Maximum Maximum Monthly Health Benefit Minnetrista 7397 Metro Assistant City Administrator 82,988.00 103,735.00 40 No City Administrator 1300 Corcoran 6000 Metro City Clerk/Administrative Services Coordinator 61,484.80 74,984.00 40 No City Administrator 1290 St. Anthony Village 8437 Metro Assistant City Administrator 90,885.00 90,855.00 40 No City Administrator 1928 Rogers 11500 Metro Asst. City Administrator/City Clerk 96,075.20 126,505.60 40 No City Administrator 1033 Shorewood 7618 Metro Human Resources Dir./City Clerk 72,527.00 90,659.00 40 No City Administrator 1130 Waconia 10183 Metro Assistant City Administrator 88,039.00 103,575.00 40 No City Administrator 1046 Average 81,999.83 98,385.60 1,287.83 Medina 6300 Metro Assistant City Administrator/City Clerk 67,766 92,352 40 No City Administrator 1,753 Exhibit A ‐ Assistant City Administrator/City Clerk ‐ West Metro Cities of Comparable Size Municipality Population Region Organization's Job Title Hrs/Week Union Reports To City of Medina Position Description ASSISTANT CITY ADMINISTRATOR/CITY CLERK City Council Approved: September 1, 2015 Position Title: Assistant City Administrator/City Clerk Department: Administration Supervisor’s Title: City Administrator Pay Grade: Step 5-67-87-8, DOQ FLSA Status: NON-EXEMPT Work Status: Full-time PRIMARY OBJECTIVE OF POSITION Position provides overall direction and supervision of the Human Resources, IT, Communications, and City Clerk functions of the City. Serves as Assistant City Administrator. Serves as the City Clerk and performs intermediate skilled administrative support work for the City Administrator and the City Council in order to facilitate the operation of the government. Coordinates state and local elections, serves as Responsible Authority for data retention and requests, administers employee benefits, issues municipal licenses, responsible for records management, coordinates public relations efforts, acts as recycling coordinator and facilitates park and environmental planning. Work is performed under the general direction of the City Administrator. ESSENTIAL FUNCTIONS OF POSITION Assistant City Administrator Serves as City Administrator in the absence of the City Administrator. Serves as part of the management team, assists in identification, prioritization, and accomplishment of short-range and long-range City goals. Responsible for the supervision, assignment, and discipline for all direct reports. Coordinates special projects and serves as project manager in areas of city management, legislative, and public relations as assigned. Serves as a member of the City’s labor negotiating team. Coordinates various all human resource functions includingsuch as administering employee benefits, sending and required notices, implementing personnel policies, overseeing hiring processes, administering employee onboarding, and reporting requirements. Maintains personnel files, while being aware of the data privacy act. Maintains the distribution of the City of Medina’s Personnel Policies to all employees. Serves on the Safety Committee, identifies and implements programs to reduce accidents/injuries, and coordinates OSHA forms, first reports of injury, and workers compensation claims. Acts as secondary public relations representative before various outside entities in the absence of the City Administrator. Attends Chamber of Commerce meetings and business events and acts as resource to local businesses. Acts as Editor of the Medina Message newsletter and oversees the creation, printing, and distribution of the Medina Message and intra-office newsletters. Promotes and notifies the public of upcoming events, meetings and other city news. Creates and maintains the entire city website with current events, announcements, and current pertinent information for residents and businesses. Plans and coordinates community events and intra-office functions. Acts as the City’s primary IT and communications contact and facilitates trouble-shooting or other system errors with City’s contracted consultant. Assists in authorizing purchases coding bills and annualand annual budget planning for various administration department accounts. Ensures collection and retention of all letters of credit, certificates of insurance, and payment and performance bonds. Maintains address database of all Medina residents and businesses. City of Medina Position Description ASSISTANT CITY ADMINISTRATOR/CITY CLERK City Council Approved: September 1, 2015 City Clerk Administers oaths to all elected and appointed officials. Maintains custody of minutes, resolutions, ordinances, agreements, policies, City Code and all official records and documents and prepare certified copies as requested. Signs all official documents and serves as custodian of the official seal. Notarizes documents for the public. Serves as the Responsible Authority for Data Retention and responds to public data requests. Develops and maintains a comprehensive plan for utilization of records management principles in conjunction with current data privacy laws, including retention schedules, storage, historical documentation, and injuries, losses, and claims. Publishes all legal notices for the City Council as required by law or ordinance. Coordinates notifying property owners of public hearings as per applicable State and Local Laws. Coordinates state and local elections including preparing notices, arranging for printing of City ballots and materials, recruitment of judges, election training, staffing polling sites, candidate filing, campaign finance reporting, and administering absentee ballots. Oversees the municipal licensing process, including the processing of applications and renewals, collection of fees and review of violations. Recommends Changes to licensing ordinances, as appropriate. Issues various municipal licenses and permits including but not limited to solicitor permits, special event permits, tobacco licenses, liquor licenses and private kennel licenses. Monitors legislative issues and actions affecting elections, licensing, data practices, records management, and human resources and implements any necessary changes to city practices. Attends City Council, Park Commission, and other meetings as needed and provides staff support including recording minutes when necessary. Oversees and assists in assemblinges City Council packets including agendas, minutes, memorandums and attachments. Provides verbal, written, or electronic correspondence to consultants and colleagues. Creates, updates, implements and audits procedures and policies for the administration department. Reviews policies and city code on a regular basis for compliance and relevance and makes recommendations accordingly. Parks & Environment Acts as Recycling Coordinator for the City by attending quarterly Hennepin County meetings, compiling tonnage reports, applying for annual SCORE funds, and responding to public concerns. Acts as City liaison for the Hamel Community Building; communicates with the Hamel Lions. Works at keeping the operating agreement and rental agreements current. Answers questions by the general public relating to the community building. Prepares and coordinates materials for the Park Commission and maintains minutes and files. Facilitates park and environmental improvements and planning efforts. Coordinates the rental of various park facilities and athletic association contracts. Miscellaneous Provides information and assistance to the public, City Council and City staff on issues regarding records management, data practices, elections, licensing, city code, human resources, communications, recycling, parks and other general city information. Perform all other necessary duties as apparent or assigned. OTHER DUTIES AND RESPONSIBILITIES Commits to creating and maintaining a healthy workplace culture by following the City of Medina’s core values, which include teamwork, trust, professionalism, and communication. City of Medina Position Description ASSISTANT CITY ADMINISTRATOR/CITY CLERK City Council Approved: September 1, 2015 Provides information and assistance to the public, City Council and City staff on issues regarding records management, data practices, elections, licensing, city code, human resources, communications, recycling, parks and other general city information. Facilitates work with city interns or part-time employees under guidance of supervisor. Performs all other necessary duties as apparent or assigned. delegated by supervisor or apparent. Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. Represents the City of Medina in a tactful manner that commands respect of the public, contractors, developers and others. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES: Knowledge of general municipal operations, City policies and procedures. Knowledge of City Council processes. Knowledge of, and skill in, the correct use of English in business writing. Knowledge of guidelines/practices related to records retention. Knowledge of data privacy and open meetings law requirements. Knowledge of Minnesota election laws. Knowledge of human resource compliance laws. Skill to communicate with a variety of individuals and handle a variety of customer service situations. Skills in the operation of computers, password security, multi-factor authentication, and pertinent software packages. Ability to handle detail and follow through in the completion of projects. Ability to establish and maintain effective working relationships with elected officials, City employees, and the public. Ability to work independently and plan, organize and prioritize work tasks. Ability to prepare work results with completeness and accuracy. Ability to handle interruptions and concentrate on the task at hand. Ability to handle multiple ongoing tasks and complete work in a timely manner. Ability to occasionally lift, move and/or carry files, deliveries, and storage boxes. Ability to use various office equipment. Machines, tools, and equipment used: City or personal vehicles, computers, calculator, copier, fax, scanners, postage machine, multi-line phone system, election equipment, and various other office tools/equipment. Ability to operate general Microsoft applications and other municipal software programs. MINIMUM QUALIFICATIONS Bachelor’s degree in Office Administration, Public Administration, Business Administration, Community Development, Public Relations or related field. ThreeFive-years of increasingly responsible experience in a local government setting involving general administration, human resources, facilitating/managing projects, processing technical documents, and public relations. Minnesota Municipal Clerks Institute training and certification or the ability to acquire within three years of hire. Experience coordinating elections. Valid Class D driver's license in the State of Minnesota City of Medina Position Description ASSISTANT CITY ADMINISTRATOR/CITY CLERK City Council Approved: September 1, 2015 DESIRABLE QUALIFICATIONS Master’s degree in Public Administration, Public Policy, Business Administration or closely related field. Previous experience as a Municipal Clerk. Previous experience in communications and graphic design. Previous experience in human resource functions. WORKING CONDITIONS Most work is performed indoor at city hall. The exception is trips to meetings, training, conferences and site visits to other City 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 OF MEDINA, MINNESOTA RESOLUTION NO. ________ RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE OBLIGATIONS FOR THE BENEFIT OF PHS FOUNDERS RIDGE, INC.; APPROVING THE EXECUTION OF THE REVENUE OBLIGATIONS AND RELATED DOCUMENTS; AND TAKING OTHER ACTIONS WITH RESPECT THERETO BE IT RESOLVED by the City Council (the “City Council”) of the City of Medina, Minnesota (the “City”), as follows: Section 1. Findings. 1.01. Minnesota Statutes, Chapter 462C, as amended (the “Act”), authorizes the City to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance multifamily housing developments. 1.02. Pursuant to Minnesota Statutes, Section 471.656, as amended, a municipality may issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two or more municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. 1.03. PHS Founders Ridge, Inc., a Minnesota nonprofit corporation, or any of its affiliates (collectively, the “Borrower”), has proposed that the City issue one or more series of tax-exempt or taxable revenue obligations (the “City Note”) in an aggregate principal amount not to exceed $10,000,000. The Borrower has proposed to apply the proceeds of the City Note, along with the proceeds of revenue notes proposed to be issued by the City of St. Paul Park, Minnesota (the “City of St. Paul Park”) in an aggregate principal amount not to exceed $6,500,000 (the “St. Paul Park Note”) and the City of Independence, Minnesota (the “City of Independence”) in an aggregate principal amount not to exceed $9,000,000 (the “Independence Note,” and collectively with the City Note and the St. Paul Park Note, the “Notes”), to finance the costs of the acquisition, construction, and equipping by the Borrower of approximately 111 independent senior living apartments as an addition to an existing senior housing campus located at 6600 Auto Club Road, Bloomington, Minnesota (the “Project”). 1.04. The Project financed with the proceeds of the Notes will be owned and operated by the Borrower. 1.05 In accordance with the Act, the City, the City of St. Paul Park, the City of Independence, and the City of Bloomington, Minnesota (the “City of Bloomington”) have prepared a joint housing program (the “Housing Program”), which authorizes the issuance of the Notes by the City, the City of St. Paul Park, and the City of Independence to finance the Project. The Housing Program was submitted to Metropolitan Council for its review and comment. Agenda Item # 7A 601928v1BL405-27 2 1.06. The Borrower has represented to the City that it is exempt from federal income taxation under Section 501(a) of the Internal Revenue Code of 1986, as amended (the “Code”), as a result of the application of Section 501(c)(3) of the Code. 1.07. Under Section 147(f) of the Code, prior to the issuance of the Notes, the City Council must conduct a public hearing after one publication of notice in a newspaper circulating generally in the City at least seven (7) days before the hearing. Under Section 462C.04, subdivision 2 of the Act, a public hearing must be held on the Housing Program after one publication of notice in a newspaper circulating generally in the City at least fifteen (15) days before the hearing. 1.08. On the date hereof, the City Council conducted a public hearing on the Project, the Housing Program, and the issuance of the City Note. As required by Section 462C.04, subdivision 2 of the Act and Section 147(f) of the Code, notice of the hearing was published in the Crow River News, the official newspaper of and a newspaper circulating generally in the City, at least fifteen (15) days before a meeting of the City Council on the date hereof. The public notice provided a general, functional description of the Project, as well as the maximum aggregate principal amount of the obligations to be issued for the purposes referenced therein, the identity of the initial owner, operator, or manager of the Project, and the location of the Project. At the public hearing, a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project, the Housing Program, and the proposed issuance of the City Note. 1.09. On August 5, 2019, the City Council of the City of Bloomington held a duly noticed public hearing with respect to providing host approval for the issuance of the Notes pursuant to Minnesota Statutes, Section 471.59 and Section 147(f) of the Code and adopted a resolution approving the issuance of the Notes, the Housing Program, and a Cooperative Agreement (the “Cooperative Agreement”) between the City of Bloomington, the City, the City of St. Paul Park, and the City of Independence. 1.10. The City Note is to be issued under the terms of this resolution. Choice Financial Group, a North Dakota corporation (the “Lender”), has agreed to purchase the City Note. The proceeds derived from the sale of the City Note (the “Loan”) are to be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement (the “Loan Agreement”) between the City and the Borrower. Proceeds of the City Note will be applied by the Borrower to (i) finance a portion of the construction and equipping of the Project; (ii) finance capitalized interest on the City Note, if necessary; and (iii) pay the costs of issuing the City Note. The proceeds of the City Note will be disbursed pursuant to the terms of the Loan Agreement and the Construction Loan Disbursement Agreement (the “Disbursing Agreement”) between the Lender, the Borrower, and a title company named therein. 1.11. The loan repayments required to be made by the Borrower under the terms of the Loan Agreement and certain other rights will be assigned to the Lender under the terms of an Assignment of Loan Agreement (the “Assignment”) between the City and the Lender. 1.12. In consideration of the Loan by the City and to secure the payment of its obligations under the Loan Agreement and the principal of, premium, if any, and interest on the City Note when due, the Borrower will execute and deliver a mortgage document granting a mortgage lien on certain property of the Borrower (the “Mortgage”) in favor of the Lender. The Loan will be further secured by, among other documents, a Security Agreement (the “Security Agreement”) from the Borrower in favor of the Lender and a Guaranty Agreement (the “Guaranty”) from Presbyterian Homes and Services, a Minnesota nonprofit corporation, in favor of the Lender. 601928v1BL405-27 3 1.13. The principal of, premium, if any, and interest on the City Note (i) shall be payable solely from the revenues pledged and otherwise available therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Loan Agreement. Section 2. The City Note. 2.01. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the City Note in an aggregate principal amount not to exceed $10,000,000. The City Note shall bear interest at a rate or rates designated by the terms of the City Note, and shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the form of the City Note now on file with the City, with the amendments referenced herein. The City hereby authorizes the City Note to be issued as a “tax-exempt bond” the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 2.02. All of the provisions of the City Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The City Note shall be substantially in the form now on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions as the Mayor and the City Administrator (the “Mayor” and the “City Administrator,” respectively), in their discretion, shall determine. The Mayor and the City Administrator are authorized and directed to prepare the City Note, and the City Note shall be delivered to the Lender. The execution of the City Note with the manual or facsimile signatures of the Mayor and the City Administrator and the delivery of the City Note by the City shall be conclusive evidence of such determination. The City Council of the City hereby authorizes and directs the Mayor and the City Administrator to execute and deliver the City Note. 2.03. The City Note shall be a special, limited obligation of the City, and the principal of, premium, if any, and interest on the City Note shall be payable solely from the proceeds of the City Note, the revenues derived from the Borrower pursuant to the terms of the Loan Agreement and the security provided by the Borrower in accordance with the terms of the Loan Agreement, the Mortgage, the Security Agreement, the Guaranty, the other related loan documents described in the Loan Agreement, and any and all other security of any kind or nature provided by the Borrower to the Lender. 2.04. As provided in the Loan Agreement, the City Note shall not be payable from or charged upon any funds other than the revenues pledged to its payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No holder of the City Note shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the City Note or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement and the revenues and assets thereunder, which will be assigned to the Lender under the Assignment. The City Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the interests of the City in the Loan Agreement, and the revenues and assets thereunder, which will be assigned to the Lender under the Assignment. The City Note shall recite that the City Note is issued pursuant to the Act and that the City Note, including interest and premium, if any, thereon, is payable solely from the revenues and assets pledged to the payment thereof, and the City Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitations. 601928v1BL405-27 4 2.05. The City Note is hereby deemed a “qualified tax-exempt obligation” within the meaning of Section 265(b)(3) of the Code. Section 3. Agreements. The Mayor and the City Administrator are hereby authorized and directed to execute and deliver the Loan Agreement, the Assignment, and the Cooperative Agreement. All of the provisions of the Loan Agreement, the Assignment, and the Cooperative Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement, the Assignment, and the Cooperative Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and the City Administrator shall be conclusive evidence of such determination. Section 4. Disbursements of City Note Proceeds. The proceeds of the City Note shall be disbursed in accordance with the terms of the Loan Agreement and the Disbursing Agreement. Section 5. Other Documents. The Mayor, the City Administrator, and the Finance Director of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the City Note, including one or more certificates of the City, an endorsement of the City to the tax certificate of the Borrower, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the City Note. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel to the City (“Bond Counsel”) to prepare, execute, and deliver its approving legal opinion with respect to the City Note. Section 6. Declaration of Intent to Reimburse Costs. The United States Department of the Treasury has promulgated final regulations governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or a borrower from the City for project expenditures paid prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty (60) days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within eighteen (18) months after the later of: (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. To the extent any portion of the proceeds of the City Note will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Borrower for the expenditures made for costs of the Project from the proceeds of the City Note after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, costs of issuance of the City Note, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. Section 7. The City and Its Officers, Employees, and Agents. 7.01. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such 601928v1BL405-27 5 members of the City Council, or such officers, board, body, or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. 7.02. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council, or any officer, agent, or employee of the City in that person’s individual capacity, and neither the City Council nor any officer or employee executing the City Note shall be liable personally on the City Note or be subject to any personal liability or accountability by reason of the issuance thereof. 7.03. No provision, covenant, or agreement contained in the aforementioned documents, the City Note, or in any other document relating to the City Note, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the City Note, as provided therein. 7.04. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the City Note, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holders from time to time of the City Note. Section 8. Severability. In case any one or more of the provisions of this resolution, other than the provisions contained in Section 2.03 hereof, or of the aforementioned documents, or of the City Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the City Note, but this resolution, the aforementioned documents, and the City Note shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. Section 9. Validity of the City Note. The City Note, when executed and delivered, shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the City Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the City Note, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. Section 10. Authorization for Other Acts. The officers of the City, Bond Counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the City Note for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the City Note, the aforementioned documents and this resolution. In the event that for any reason the Mayor is unable to carry out the execution of any of the documents or other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Administrator is unable to execute and deliver the documents referred to in this resolution, such documents may be 601928v1BL405-27 6 executed by any person delegated the duties of the City Administrator, with the same force and effect as if such documents were executed and delivered by the City Administrator. Section 11. Payment of Costs. The Borrower has agreed to pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution, whether or not the City Note is issued. Section 12. Payment of City’s Administrative Fee. The Loan Agreement will require the Borrower to pay the City’s bond administrative fee in the amount of 50 basis points of the original aggregate principal amount of the City Note when the City Note is issued. Section 13. Effective Date. This resolution shall be in full force and effect from and after its passage. Adopted by the City Council of the City of Medina, Minnesota, this 7th day of August, 2019. Kathleen Martin, Mayor Attest: Jodi Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ______ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 600129v1ME230-1A Kennedy Ronald H. Batty 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9262 telephone (612) 337-9310 fax rbatty@kennedy-graven.com http://www.kennedy-graven.com C H A R T E R E D MEMORANDUM Date: July 31, 2019 To: Honorable mayor and council members From: Ron Batty, city attorney Dave Anderson, assistant city attorney Re: Rotating council members on fire committee and the Open Meeting Law I. Background The city council was recently asked by the Hamel Volunteer Fire Department Board to participate on a joint team (“Joint Team”) that the board created to study and discuss the potential transition to a municipal fire department. It is understood that the Joint Team will consist, in part, of two city council members, meaning that less than a quorum of the council will participate in meetings. Under this approach, the requirements of Minnesota’s open meeting law (the “OML”), as they relate to the city council, are not triggered, meaning that Joint Team meetings will not have to be noticed as meetings of the city council.1 II. Proposal/Legal Issue A recent inquiry raised the question whether, rather than just having two council members serve on the Joint Team, all members of council could instead rotate attendance at Joint Team meetings. Under the proposed approach, there would still be no more than two council members present at any given meeting, though not always the same two members. The stated reason for this approach is to allow for all members of the city council to participate in the Joint Team discussions, albeit not at the same time. The council members would have access to the minutes from prior meetings and so they would be able to continue 1 The OML is codified at Minnesota Statutes, section 13D.01 et seq. The OML applies to “meetings,” which the Minnesota Supreme Court has defined as a gathering of a quorum or more of the members of the governing body at which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body. Moberg v. Indep. Sch. Dist. No. 281, 336 N.W.2d 510, 518 (Minn. 1983). Agenda Item # 7B 600129v1ME230-1A past discussion despite not being present at earlier meetings. Our office was asked to provide an opinion on whether this proposed rotation implicates the OML and, if so, how. III. Analysis The OML applies to committees that are created by a governing body subject to the OML.2 The Hamel Volunteer Fire Department Board is a public body that falls within the scope of the OML and, therefore, the Joint Team, as a committee formed by the board, is subject to the OML and must notice its meetings and open them to the public. The more nuanced issue, however, is whether rotating council members would require Joint Team meetings to be noticed as city council meetings. The OML requires that public business be conducted in public.3 As stated by the Minnesota Supreme Court, “serial meetings in groups of less than a quorum for the purposes of avoiding public hearings or fashioning agreement on an issue may… be found to be a violation of the [Open Meeting Law] depending upon the facts of the individual case.”4 Because serial communications between less than a quorum of a governing body can be considered meetings of the governing body, these communications should be conducted in accordance with the OML’s requirements. In this case, whatever the intent of rotating council members, it could be difficult to demonstrate in the event of a challenge that the intent was for something other than to avoid the OML. It seems that the purpose of establishing such a rotation is to allow for all members of the city council to participate in the Joint Team discussions without having to notice the meetings as city council meetings. Theoretically, if all council members want to or need to participate in Joint Team discussions, they could all certainly do so, which would simply require that committee meetings also be noticed as meetings of the city council. Additionally, being able to review the minutes from past meetings allows for, and arguably encourages, ongoing, serial communications between a quorum of the city council. The OML and the case law interpeting it make clear that these types of communications fall within the OML’s definition of “meeting.” The members rotating in and out of Joint Team meetings will have an ability to understand the thoughts and opinions of their fellow council members based on a review of the minutes. The inevitable result is that after the Joint Team meets on a couple of occasions, there will be a collection of minutes and serial discussions from a quorum of the council on a particular issue that the council might eventually be tasked with acting on. Therefore, regardless of the underlying intent of the rotation, it is likely that the purpose for involving the entire council could be viewed as an attempt to fashion agreement among the council members, another red flag from the Moberg case. IV. Conclusion The rotation suggested seems to be exactly what the Moberg court discussed in detail. Although these situations are extremely fact-specific, our advice would be to avoid this rotation without noticing the 2 Minnesota Statutes, section 13D.01. 3 St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332 N.W.2d 1, 4-5 (Minn. 1983). 4 Moberg, 336 N.W.2d at 518 (emphasis added). 600129v1ME230-1A meetings as city council meetings. Appellate courts have consistently held that the OML was enacted to benefit the public and must be construed in the public's favor.5 In other words, even if it’s a close call, the tie goes to the public. Therefore, erring on the side of caution is the preferred approach when dealing with OML issues. Please let us know if you have any additional questions or concerns. 5 Mankato Free Press Co. v. City of North Mankato, 563 N.W.2d 291, 294 (Minn. Ct. App. 1997), citing Claude v. Collins, 518 N.W.2d 836, 841 (Minn. 1994). 1 Jodi Gallup From:Scott Johnson Sent:Friday, July 19, 2019 4:19 PM To:Kathleen Martin; Jeff Pederson; John Anderson; Dino Deslauriers; Todd Albers Cc:'rbatty@kennedy-graven.com'; Ed Belland Subject:FW: The transition to a Municipal Fire Department Importance:High Mayor and Council Members, I received the following request from Council Member Anderson regarding the Hamel Volunteer Fire Department discussions. City Attorney Ron Batty is looking into if rotating representatives would cause an issue with serial meetings under the MN Open Meeting Law. I will forward Mr. Batty’s response to the City Council. Thanks, Scott From: John Anderson Sent: Friday, July 19, 2019 12:19 PM To: Scott Johnson <scott.johnson@medinamn.gov> Subject: The transition to a Municipal Fire Department Importance: High Scott, Despite my stated and serious mis‐givings about the formation of a joint team to discuss Hamel Volunteer Fire Department transitioning to a municipal fire department, it appears that this endeavor will proceed. Thus, I’d like to make a recommendation as to the composition of the representatives from the City. Why not rotate the representatives from the City Council (two per meeting) so as to include all of the elected officials? This would insure, both, transparency and inclusiveness in the process. Detailed “Meeting Minutes” from each meeting would alleviate the possibility of a Council member coming in unprepared and slowing down the process. Having each Council member participate in these meetings would insure a more meaningful and knowledgable discussion when the time is appropriate to discuss next steps. And, it would also help HVFD have better insight into the Council’s different perspectives on the matter. Please feel free to discuss this idea with my fellow council members and my best as always. Council Member John Anderson john.anderson@medinamn.gov TO: Hamel V ©1171:2 a7, t e t 92 Hamel Road ® Hamel, MN o 55340 July 1,2019 Ed Belland, Police Chief and Public Safety Director, City of Medina Scott Johnson, City Administrator, City of Medina SUBJECT: Fire Department Transition Study Group This letter is in reference to discussions that took place during the Hamel Fire Department's Fire Advisory Board meeting of June 19th, 2019. The Hamel Volunteer Fire Department, Inc. Board of Directors is requesting formation of a joint team with representatives of the City of Medina to investigate and determine the feasibility of transitioning Hamel Fire to a municipal fire department. The Hamel Volunteer Fire Department has served the community for more than 87 years as an independent service provider. Currently, the Department provides emergency services to more than 75% of Medina, measured by property and population protected. As discussed in detail at the aforementioned meeting, the alignment of several factors impacting the fire service, such as the need for long-term investment decisions, form the basis of this request. The Board recognizes and agrees that nothing in this request, or in the work product of the study group, would bind either party to any particular action or outcome, and that the status quo may continue regardless of recommendations. Regardless of the outcome, however, the benefits of this study will serve both organizations and help shape the course for the future of fire protection service in Medina. The Hamel Fire representatives for this study would be Jeff Ruchti (President and Fire Chief) and Mario Fabrizio (Vice -President and Assistant Chief). We suggest the City of Medina also assign two representatives, specifically the Mayor and the Public Safety Liaison. They are members of the Fire Advisory Board and well versed in current matters. We believe that it should be the responsibility of the study group to develop an appropriate scope and time -line for its work. Further the group would be responsible for enlisting the aid and input from others as deemed appropriate. Thank you in advance for your cooperation and consideration. We look forward to working collectively and collaboratively in this endeavor. Respectfully, Board of Directors, Hamel Volunteer Fire Department, Inc. Vic ario Fabrizio�f 34t,tee J ee �✓.�- �� 3rran Kbdet �`' 1Glichael Si 'tyif Nelson Tress rer miarnbr Raskobs Elm Creek Addn Page 1 of 3 August 7, 2019 Final Plat City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: July 31, 2019 MEETING: August 7, 2019 City Council SUBJ: Raskobs Elm Creek Addition – Final Plat Background On May 21, 2019, the City Council adopted resolution 2019-33, granting preliminary approval to the Patricia R. Raskob Trust for the subdivision of property at 500 Hamel Road into two lots (6.72 acre and 1.78 acres). The subject property is located north of Hamel Road, west of Hunter Drive. The owner has now requested final approval of the plat. The owners’ intent is to market the two lots separately and any improvements or construction would be completed by subsequent buyer(s). As such, most of the conditions of the subdivision are being deferred to future developers. Staff has drafted a development agreement which will be recorded against the lots so that potential buyers are aware of the requirements. Consistency with the City’s Comprehensive Plan, zoning and subdivision regulations, and other relevant policies was reviewed during review of the Preliminary Plat. The purpose of a final plat review is to ensure that the final plat is consistent with the approved preliminary plat and to ensure that all the conditions of approval have been met. Consistency with Preliminary Plat The proposed final plat is almost identical with the approved preliminary plat. The size of the drainage and utility easement near the wetland was enlarged to encompass the area proposed for floodplain mitigation. Preliminary Plat Conditions Several conditions were applied to the preliminary plat approval. The following section reviews compliance with these conditions. 1. The Owner shall enter into an agreement with the City to ensure future completion of floodplain mitigation, construction of utility improvements, upland buffer completion, financial guarantees, and other relevant conditions of approval and City requirements. Staff recommends a condition requiring execution of the development agreement, which is attached for City Council approval. Agenda Item # 7C Raskobs Elm Creek Addn Page 2 of 3 August 7, 2019 Final Plat City Council Meeting 2. The Owner shall provide documentation to verify that the minimum average upland buffer has been provided. There is sufficient space to provide the required upland buffer. Implementation of the buffers is proposed to be deferred until development of either site, and is covered by the development agreement. Staff recommends a condition be included on the final plat resolution. 3. The Owner or their successor shall be responsible to implement the floodplain mitigation plan as approved by the City Engineer and Elm Creek Watershed to provide access for development of Lot 2. The applicant has provided a plan to provide for the mitigation and implementation is proposed to be deferred until development of either site. This requirement is included in the development agreement. Staff recommends a condition be included on the final plat resolution. 4. The Owner acknowledges that a letter of map amendment will be required to avoid flood insurance requirements for any construction on Lot 2. This requirement is included in the development agreement and staff recommends a condition be included on the final plat resolution. 5. The Owner acknowledges that Lot 2 is subject to the requirements of the shoreland overlay district, including the limitation of impervious surfaces to 25% of the lot area above the floodplain elevation. The lot area of Lot 2 above the flood elevation is 26,421 square feet, allowing no more than 6,605 square feet of impervious surfaces. Any difficulty in use or development of the Property which results from the subdivision of land as proposed or the lot area of Lot 2 has been created by the Owner. This requirement is included in the development agreement and staff recommends a condition be included on the final plat resolution. 6. The Owner shall pay cash-in-lieu of dedication of park land in an amount of $56,000 or $3,500 per residential unit, whichever is greater. Park fees may be delayed until issuance of building permits upon the property if the owner executes an agreement in a form and of substance acceptable to the City Attorney. This requirement is included in the development agreement and staff recommends a condition be included on the final plat resolution. 7. The final plat applicant shall be filed within 180 days of the date of the City Council resolution granting preliminary approval or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. The applicant requested final plat approval within 180 days. Raskobs Elm Creek Addn Page 3 of 3 August 7, 2019 Final Plat City Council Meeting Staff Recommendation The proposed plat appears to be consistent with the preliminary approval and most of the preliminary plat conditions relate to requirements which will be implemented after the plat is recorded. Subject to conditions recommended in the attached final plat resolution and execution of the development agreement, staff recommends the following actions: 1. Move to adopt the resolution granting final plat approval for Raskobs Elm Creek Addition. 2. Move to approve and authorize execution of the development agreement by and between the City of Medina and the Patricia R. Raskob Trust. Attachments 1. List of Documents 2. Final Plat Resolution 3. Development Agreement 4. Final Plat of Raskobs Elm Creek Addition 8/1/2019 Project: LR-19-252– Raskobs Elm Creek Addition Final Plat The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 6/7/2019 6/7/2019 3 Application Y Title Commitment 12/6/2018 12/6/2018 5 Title Committment Y Final Plat 6/24/2019 NA 2 Plat Y Certificate of Title 11/26/2018 11/9/2018 2 Certificate Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Legal Comments 12/18/2018 1 LegalComments Plat Opinion 12/19/2018 4 PlatOpinion City Council Report 7/31/2019 3 CouncilReport 40 pages w/ attachments Public Comments Document Date Electronic Notes Resolution No. 2019-## August 7, 2019 Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-## RESOLUTION GRANTING FINAL PLAT APPROVAL OF RASKOBS ELM CREEK ADDITION WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the Patricia R. Raskob Trust (the “Owner”) owns property located at 500 Hamel Road (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, on May 21, 2019, the City Council adopted resolution no. 2019-33, granting preliminary approval for Raskobs Elm Creek Addition, a subdivision of the Property into two lots, subject to certain terms and conditions; and WHEREAS, the Owner has requested final plat approval; and WHEREAS, the City Council reviewed the proposed plat and heard from city staff, the Owners, and other interested parties at its August 7, 2019 meeting; and WHEREAS, subject to the fulfillment of the conditions noted below, the City Council makes the following findings of fact in regard to the plat based on the requirements of the Subdivision Ordinance: a. The proposed preliminary plat is not in conflict with the Comprehensive Plan and is not premature for consideration. b. The subdivision is appropriate for the physical conditions on the site including the topography, storm water, natural resources, and soils. c. The proposed subdivision will not cause substantial environmental damage. d. The proposed subdivision is not likely to be injurious to public health. e. The proposed subdivision and its improvements will not conflict with public or private streets, easements, or right-of-ways. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants final plat approval for Raskobs Elm Creek Addition, subject to the following terms and conditions: 1. The Owner shall execute and record against the Property a development agreement with the City, in the form approved by the City Council at its August 7, 2019 meeting, to ensure future completion of floodplain mitigation, construction of utility improvements, upland buffer completion, financial guarantees, and other relevant conditions of approval and City requirements. Resolution No. 2019-## 2 August 7, 2019 2. Any party proposing construction on the Property shall meet the requirements of the wetland protection ordinance, including but not limited to execution of easement(s) and installation of required vegetation and signage. 3. Any party proposing construction on the Property shall be responsible to implement the floodplain mitigation plan as approved by the City Engineer and Elm Creek Watershed to provide access for development of Lot 2. 4. The Owner acknowledges that a letter of map amendment will be required to avoid flood insurance requirements for any construction on Lot 2. 5. The Owner acknowledges that Lot 2 is subject to the requirements of the shoreland overlay district, including the limitation of impervious surfaces to 25% of the lot area above the floodplain elevation. The lot area of Lot 2 above the flood elevation is 26,421 square feet, allowing no more than 6,605 square feet of impervious surfaces. Any difficulty in use or development of the Property which results from the subdivision of land as proposed or the lot area of Lot 2 has been created by the Owner. 6. Cash-in-lieu of dedication of park land shall be paid at the time of construction on the Property in an amount of $56,000 or $3,500 per residential unit, whichever is greater. 7. The Owner shall meet the requirements of the City Attorney with regards to title matters and recording instructions. 8. The plat shall be recorded with the Registrar of Titles within 180 days of the date of the City Council resolution granting approval or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. Dated: August 7, 2019. By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ______________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019-## 3 August 7, 2019 Exhibit A Legal Description of the Property Lot 5 of Auditor's Subdivision No. 241, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Titles in and for said County, except as follows: (1) The South 209.00 feet of the West 209.00 feet of that part of Lot 5 lying Easterly of a line drawn at a right angle to the South line of said Lot 5 from a point thereon distant 409.00 feet Westerly of the Southeast corner of said Lot 5 as measured along said South line. (2) Beginning at the Northeast corner of said Lot 5; thence South along the East line of said Lot 5 to a point of intersection with a line which is parallel with and 30.00 feet distant Southerly (measured at right angles) from the North line of said Lot 5; thence Westerly along said last mentioned parallel line a distance of 588.00 feet; thence Northerly at right angles a distance of 30.00 feet to the North line of said Lot 5; thence Easterly along the North line of said Lot 5 to the place of beginning. EXECUTION VERSION 590172v5ME230-701 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MEDINA AND THE PATRICIA R. RASKOB TRUST REGARDING RASKOBS ELM CREEK ADDITION This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 i 590172v5ME230-701 TABLE OF CONTENTS PAGE 1. Right to Proceed ................................................................................................................1 2. Plans; Subdivision Improvements.....................................................................................2 3. Erosion Control .................................................................................................................3 4. Site Grading; Haul Routes ................................................................................................3 5. Construction of Subdivision Improvements .....................................................................4 6. Utility Services..................................................................................................................4 7. Stormwater Improvements ................................................................................................4 8. Floodplain Mitigation; Access ..........................................................................................4 9. Shoreland Overlay; Hardcover Limitation ........................................................................5 10. Wetlands; Upland Buffer Easement..................................................................................5 11. Letter of Credit ..................................................................................................................5 12. Fees ...................................................................................................................................6 13. Responsibility for Costs; Escrow for Construction Inspection .........................................6 14. Park Dedication .................................................................................................................7 15. Developer’s Default ..........................................................................................................7 16. Insurance ...........................................................................................................................7 17. No Building Permits Approved; Certificates of Occupancy.............................................7 18. Clean up and Dust Control ................................................................................................8 19. Compliance with Laws .....................................................................................................8 20. Agreement Runs With the Land .......................................................................................8 21. Indemnification .................................................................................................................8 22. Assignment .......................................................................................................................8 23. Notices ..............................................................................................................................8 24. Severability .......................................................................................................................9 25. Non-waiver .......................................................................................................................9 26. Counterparts ......................................................................................................................9 SIGNATURES ........................................................................................................................... 10-11 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT B FORM OF STORMWATER MAINTENANCE AGREEMENT EXHIBIT C FLOODPLAIN MITIGATION PLAN EXHIBIT D FORM OF UPLAND BUFFER EASEMENT 1 590172v5ME230-701 This Development Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 2019, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”), and the Patricia R. Raskob Trust (the “Owner”). WITNESSETH: WHEREAS, the Owner is the fee owner of approximately 8.63 acres of land which is legally described on Exhibit A attached hereto (the “Property”); and WHEREAS, the Property is being platted into two lots by means of the plat of Raskobs Elm Creek Addition and the Owner intends for the lots to be marketed and developed separately; and WHEREAS, on August 7, 2019, the City granted final approval of the plat of Raskobs Elm Creek Addition (the “Subdivision”); and WHEREAS, approval of the Subdivision is contingent upon the Owner entering into a development agreement satisfactory to the City that will govern future development of the Property. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. Right to Proceed. The Owner, its successors and assigns, which includes any subsequent fee owner of the Property (collectively, the “Developer”) may not construct any improvements or any buildings on either lot within the Subdivision until all the following conditions precedent have been satisfied: a) the final plat of Raskobs Elm Creek Addition has been filed with Hennepin County; b) this Agreement has been executed by the Owner and the City; c) the necessary letter of credit, as required in section 11 of this Agreement, has been received by the City from or on behalf of the Developer for the respective lot being developed; d) required land use approvals have been granted and final engineering plans in digital form have been submitted by the Developer and approved by the city engineer for the respective lot being developed; e) the Developer has submitted and the City has approved the certified grading plan for the respective lot being developed; f) all erosion control measures for the respective lot being developed are in place; g) the Developer has received all required permits from all governmental entities having jurisdiction over the lot being developed; h) the Developer has executed and recorded against the respective lot being developed a stormwater maintenance agreement, as required by section 7 of this Agreement; i) the Owner has executed and recorded a declaration of easement to allow for necessary access on Lot 2, as required by section 8 of this Agreement; j) the Developer has executed and recorded against the respective lot being 2 590172v5ME230-701 developed an upland buffer easement agreement, as required by section 10 of this Agreement; k) the Developer or the Developer’s engineer has initiated and attended a preconstruction meeting for the respective lot being developed with the City engineer and staff; and l) the City has issued a notice as related to the respective lot being developed that all conditions precedent have been satisfied for that lot and that the Developer may proceed. 2. Plans; Subdivision Improvements. a) The Developer agrees to develop the Subdivision in accordance with the final plat of Raskobs Elm Creek Addition, as detailed in City resolution no. 2019-___, which resolution is hereby incorporated by reference into this Agreement, and to construct all improvements within the Subdivision in accordance with future engineering and construction plans that are submitted and approved by the City, in the City’s sole discretion, at the time of proposed construction (collectively, the “Plans”). It is contemplated that the lots will be developed separately and so the Subdivision Improvements may not necessarily occur simultaneously or by the same Developer. Nevertheless, said Subdivision Improvements shall be constructed or installed pursuant to the terms of this Agreement and, as the case may be, any future City approvals that may be required and all conditions related thereto. While the improvements described for each lot in sections 2b) and 2c) below may not necessarily occur contemporaneously, they shall be collectively referred to throughout this Agreement as the “Subdivision Improvements” and any references throughout this Agreement to the Subdivision Improvements shall apply to those related to either Lot 1 or Lot 2 or both, as the case may be. Subsequent development agreements may be required depending on the overall scope of any proposed development in the future, which may include, without limitation, additional improvements or financial guarantees. b) In developing Lot 1, the Developer shall construct or install at its sole expense all sanitary sewer and water services to serve said lot along with related roadway restoration, all required upland buffer vegetation and signage as further detailed in section 10 of this Agreement, and all necessary stormwater improvements. Additionally, if Lot 1 is developed prior to Lot 2, it shall be graded to provide the compensatory floodplain storage required to accommodate the floodplain mitigation plan, which is further detailed in section 8 of this Agreement. c) In developing Lot 2, the Developer shall construct or install at its sole expense all sanitary sewer and water services to serve said lot along with related roadway restoration, all floodplain mitigation and compensatory storage as further detailed in section 8 of this Agreement, all required upland buffer vegetation and signage as further detailed in section 10 of this Agreement, and all necessary stormwater improvements. If Lot 2 is developed subsequent to Lot 1, the compensatory floodplain storage required on Lot 1 will have already been achieved pursuant to section 2b) of this Agreement. d) All work performed by or on behalf of the Developer related to the Subdivision Improvements contemplated by this Agreement shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday, and 8:00 a.m. through 5:00 p.m. on Saturday. e) The term “Developer,” as used throughout this Agreement, is intended to refer to the Owner named herein and any of its successors or assigns, which might include more than one 3 590172v5ME230-701 individual or entity that takes title to either respective lot and proposes to develop said lot pursuant to the terms of this Agreement. 3. Erosion Control. a) All construction regarding the Subdivision Improvements shall be conducted in a manner designed to control erosion and in compliance with all City ordinances and other requirements, including the City’s permit with the Minnesota Pollution Control Agency regarding municipal separate storm sewer system program. Before any portion of the Property is rough graded, an erosion control plan shall be implemented by the Developer as approved by the City. The City may impose reasonable additional erosion control requirements after the City’s initial approval, if the City deems such necessary due to a change in conditions. All areas disturbed by the excavation shall be reseeded promptly after the completion of the work in that area unless construction of utilities, buildings or other improvements is anticipated immediately thereafter. Except as otherwise provided in the erosion control plan, seed shall provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. b) If the Developer does not comply with the approved erosion control plan and schedule and any supplementary City requirements, the City may take such action as it deems reasonably appropriate to control erosion based on the urgency of the situation. The City agrees to provide reasonable notice to the Developer in advance of any proposed action, including notice by telephone or email in the case of emergencies, but limited notice by the City when conditions so require will not affect the Developer’s obligations or the City’s rights hereunder. c) The Developer agrees to reimburse the City for all expenses it incurs in connection with any action it takes to control erosion. No grading or construction of the Subdivision Improvements will be allowed and no building permits will be issued within the Subdivision unless the Developer is in full compliance with Developer’s responsibilities to comply with the erosion control requirements provided herein. The erosion control measures specified in the Plans or otherwise required within the Property shall be binding on the Developer and its successors and assigns. 4. Site Grading; Haul Routes. a) In order to construct the Subdivision Improvements and otherwise prepare the lots for development, it is necessary for the Developer to grade within the Subdivision. All site grading must be done in compliance with this Agreement, the Plans and the requirements of the Minnesota Pollution Control Agency regarding contaminated soils. The City may withhold issuance of building permits for structures within the Subdivision until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City. Within 30 days after completion of the grading, the Developer shall provide the City with an “as constructed” grading plan and a certification by a registered land surveyor or engineer. b) The Developer agrees that any fill material which must be brought to or removed from the Subdivision while grading or during construction of the Subdivision Improvements or structures within the Subdivision will be transported using the haul routes established by the City. The haul routes shall also be used by the Developer for the transportation of materials used in the construction of the Subdivision Improvements and the buildings within the Subdivision. The City designates Hamel Road to Pinto Drive/C.R. 115 to T.H. 55 as the haul route. 4 590172v5ME230-701 5. Construction of Subdivision Improvements. a) All Subdivision Improvements shall be installed in accordance with the Plans, City resolution no. 2019-___, the City’s subdivision regulations, the City’s engineering standards (as hereinafter defined) for utility construction, any additional requirements determined by the City engineer, and any future City approvals that may be required at the time of development. The Developer shall submit plans and specifications for the Subdivision Improvements prepared by a registered professional engineer. The Developer shall obtain any necessary permits from all governmental entities having jurisdiction over the Subdivision before proceeding with construction. The City shall inspect all work at the Developer’s expense. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. Within 45 days after the completion of the Subdivision Improvements, the Developer shall supply the City with a complete set of reproducible “as constructed” plans and three complete sets of paper “as constructed” plans, each prepared in accordance with City standards and in AutoCADD format based on Hennepin County coordinates. Iron monuments must be installed in the Subdivision in accordance with state law. The Developer’s surveyor shall submit a written notice to the City certifying that the monuments have been installed. b) No building permit shall be issued for structures on either lot until the Subdivision Improvements required for that lot have been installed and approved by the City. 6. Utility Services. The City requires that each of the lots be served by its own separate sanitary sewer and water service lines. The Subdivision Improvements include construction of private water and sewer lines serving each lot from the City mains that run along Hamel Road and restoration of the street as deemed necessary to accommodate said connections. 7. Stormwater Improvements. The Subdivision Improvements will include the construction or installation of stormwater management improvements, which shall be reviewed and approved at the time of development. The Developer agrees to construct the on-site stormwater improvements in accordance with the Plans and in compliance with all City requirements regarding such improvements. Any new stormwater facilities are to remain private and will be maintained by the Developer at its sole expense. The City does not intend to accept the stormwater facilities as public and does not intend to maintain them. In order to meet the requirements of the Elm Creek Watershed Management Commission, the Developer agrees to enter into a Stormwater Maintenance Agreement with the City in the form attached hereto as Exhibit B. The purpose of the Stormwater Maintenance Agreement is to ensure that the Developer maintains the stormwater facilities and to give the City the right but not the obligation to do so if the Developer fails in its obligations. The Stormwater Maintenance Agreement will be recorded against the Property and will run with the land. The Developer acknowledges that i) the on-site storm water improvements will not be accepted by the City; ii) the City does not plan to maintain or pay for maintenance, repair or replacement of the storm sewer improvements and that the Developer will have responsibility for such work; iii) the City has the right but not the obligation to perform necessary work upon the failure or refusal by the Developer to do so; and iv) if the City performs any work on the storm water improvements, the City intends to specially assess the cost of such work against Lot 2. 8. Floodplain Mitigation; Access. a) The southern portion of Lot 2, which lies 5 590172v5ME230-701 adjacent to Hamel Road, is presently located within the Elm Creek floodplain. To provide necessary access to Lot 2 from Hamel Road, the Owner proposes to fill a portion of said floodplain which can only be done by providing compensatory floodplain storage on Lot 1. The Owner has submitted a floodplain mitigation plan to the City, attached hereto as Exhibit C, which provides the mechanism through which Lot 2 will achieve necessary access by (1) filling a portion of the floodplain located on Lot 2; and (2) providing compensatory floodplain storage on Lot 1 to mitigate said filling. If Lot 1 is developed prior to Lot 2, said development shall include grading to provide the compensatory floodplain storage contained in the floodplain mitigation plan. If Lot 2 is developed prior to Lot 1, said development shall include all work contained in the floodplain mitigation plan, including the compensatory floodplain storage on Lot 1. Accordingly, the Owner shall execute and record a declaration of easement benefiting Lot 2 and burdening Lot 1 incorporating the floodplain mitigation plan so that at the time such development, the Lot 2 developer is able to achieve appropriate access from Hamel Road, pursuant to the aforementioned floodplain mitigation plan, which shall meet the satisfaction of the City. Said declaration of easement shall be submitted to and approved by the City and executed by the Owner prior to the City’s release of the final plat of Raskobs Elm Creek Addition for recording. The Owner further acknowledges and understands that an official letter of map amendment will be required to avoid flood insurance requirements for any structure constructed on Lot 2. 9. Shoreland Overlay; Hardcover Limitation. Elm Creek flows within Lot 2 of the Subdivision and, accordingly, Lot 2 is located in the City’s Shoreland Overlay District. The Developer understands and acknowledges that pursuant to the City code, the required structure setback from Elm Creek is 50 feet and hardcover is limited by the City code to 25% of the lot area located outside of the floodplain. Accordingly, by subdividing the Property pursuant to the final plat, the Developer has created a condition where under current standards no more than approximately 6,600 square feet of hardcover is permitted on Lot 2, which limits the intensity of future development. 10. Wetlands; Upland Buffer Easement. Prior to development of either lot, the Developer agrees to execute an Upland Buffer Easement Agreement in the general form attached hereto as Exhibit D. The purpose of the Upland Buffer Easement is to ensure that the buffer areas adjacent to the wetlands on each respective lot are planted with appropriate materials intended to enhance water quality in the wetlands and are maintained in that condition thereafter. The materials to be planted within the buffer area shall be specified in the landscaping plan. 11. Letter of Credit. a) In order to ensure completion of the Subdivision Improvements for each lot, as required under this Agreement, and satisfaction of all fees due to the City at the time each lot is developed, and prior to beginning any construction work on either lot, the Developer agrees to deliver to the City a letter of credit (collectively, the “Letters of Credit”) in an amount to be determined and which shall equal 150 percent of the estimated cost of the Subdivision Improvements, as identified in the Plans and related to each respective lot. The Letters of Credit shall be delivered to the City prior to beginning any work and shall renew automatically thereafter until released by the City. The estimated cost of each element of the work covered by the Letters of Credit shall be determined by the engineer and itemized at the time of development. The Letters of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and shall be in a form acceptable to the City. The Letters of Credit shall allow the City to draw upon the instrument, in whole or part, in order to complete construction of any or all of the Subdivision 6 590172v5ME230-701 Improvements and to pay any fees or costs due to the City by the Developer. b) The City agrees to reduce the Letters of Credit upon substantial completion of any significant portion of the covered Subdivision Improvements and satisfaction of all of the Developer’s financial obligations to the City. The Letters of Credit shall be released in full and returned to the Developer following completion of the Subdivision Improvements, after satisfaction of all other provisions of this section and satisfaction of all the Developer’s financial obligations to the City regarding the Subdivision. Prior to releasing any portion of the Letters of Credit or accepting another letter of credit in replacement, the City shall first be satisfied regarding the quality and completeness of the work and that the Developer has taken such steps as may be necessary to ensure that no liens will attach to the Property. c) It is the intention of the parties that the City at all times have available to it a letter of credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or release of the Letters of Credit shall be evaluated by the City in light of that principle. d) If at any time the City reasonably determines that the bank issuing the Letters of Credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute from another bank meeting the City’s requirements. If the Developer fails to provide the City within 30 days with a substitute from an issuing bank satisfactory to the City, the City may draw under the existing letter of credit. 12. Fees. In accordance with City policy and to distribute uniformly the costs of public utility infrastructure improvements, the City will charge trunk connection fees for the availability of sanitary sewer and water to each lot. The connection fees for sanitary sewer and water shall be payable at the time of issuance of a building permit for each respective lot at the then-current rates. Payment of the then-current SAC fee set by the Metropolitan Council will also be due at the time of issuance of a building permit for each lot. 13. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer agrees to reimburse the City for the reasonable cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys’ fees. b) The Developer shall also pay a fee for City administration and observation relating to construction of the Subdivision Improvements. Construction observation shall include inspection of all Subdivision Improvements. In order to reimburse the City for the reasonable cost of administration and inspection of the Subdivision Improvements, the City may, in its sole discretion, require the Developer to deposit an additional amount of funds into an escrow account with the City, which the City shall receive and hold solely under the terms of this Agreement. The City shall reimburse itself for expenses from the escrow and will provide the Developer with a copy of any invoice from the City engineer or evidence of other cost or expense attributed to the escrow prior to deducting such funds from the escrow. If any funds held under this escrow exceed the amount necessary to reimburse the City for its costs under this paragraph, such funds shall be returned to Developer without interest. If it appears that the actual costs incurred will exceed the 7 590172v5ME230-701 estimate, Developer and City shall review the costs required to complete the project and the Developer shall deposit additional sums with the City. 14. Park Dedication. In satisfaction of its park dedication requirement under state law and City ordinance, the Developer shall pay a cash-in-lieu amount to the City to be determined at the time a building permit is requested for each lot. Pursuant to the City’s park dedication ordinance, the minimum cash-lieu amount for Lot 1 is $44,800 and the minimum cash-in-lieu amount for Lot 2 is $11,200, although if multiple residential units are proposed, an additional fee of $3,500 per residential unit in excess of one will be applied to the aforementioned minimums. Such park dedication shall be paid to the City prior to issuance of a building permit for each respective lot. 15. Developer’s Default. In the event of default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Property for such purposes. If the City does any such work, the City may, in addition to its other remedies, levy special assessments against the lots within the Subdivision to recover the reasonable costs thereof. A special assessment levied pursuant to this section 15 shall not exceed the amount of the letter of credit provided for the lot being developed, nor shall the amount assessed exceed the actual costs reasonably incurred by the City. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes, section 429.081. Nothing contained herein shall be construed as a waiver of the Developer’s right to enforce the terms and conditions of this Agreement, including, without limitation, the aforementioned limitations on any special assessment levied pursuant to this section. 16. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained throughout the duration of and to the completion of the Subdivision Improvements public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer’s work or the work of its contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $1,500,000 for any number of claims arising out of a single occurrence. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. 17. No Building Permits Approved; Certificates of Occupancy. a) Approval of the plat of Raskobs Elm Creek Addition does not include approval of a permit for the construction of any structures within the Subdivision. The Developer must submit and the City must approve building plans prior to an application for a building permit for a structure on any lot within the Subdivision. The Developer or the party applying for the building permit shall be responsible for payment of the customary fees associated with the building permit and other deferred fees as specified in this Agreement. 8 590172v5ME230-701 b) No certificate of occupancy shall be issued for any home or building constructed in the Subdivision unless prior thereto all Subdivision Improvements related to the applicable lot have been completed, said lot has been graded and all landscaping installed in accordance with the Plans, any required tree replacement has been completed or fees in lieu thereof have been paid, the driveway has been installed, and an as built survey of the lot has been submitted and approved by the City. In cases in which seasonal weather conditions make compliance with these conditions impossible, the City may accept an escrow of sufficient amount to ensure completion of the work during the following construction season. 18. Clean up and Dust Control. The Developer shall daily clean dirt and debris from streets adjoining the Subdivision resulting from construction work by the Developer, its contractors, agents or assigns. Prior to any work on the Subdivision Improvements, the Developer shall identify to the City in writing a responsible party for erosion control, street cleaning, and street sweeping. The Developer shall provide dust control to the satisfaction of the City’s engineer throughout construction within the Subdivision. 19. Compliance with Laws. The Developer understands that it must comply with all laws, ordinances, regulations and directives of the state of Minnesota and the City applicable to the Property and the Subdivision. Failure to do so shall constitute an event of default under this Agreement. This Agreement shall be construed according to the laws of Minnesota. Breach of the terms of this Agreement by the Developer shall be grounds for denial of a building permit for any structure within the Subdivision. 20. Agreement Runs With the Land. This Agreement shall be recorded against the Property and shall run with the land and shall bind and inure to the benefit of the successors in interest of the parties. The Owner covenants with the City, its successors and assigns, that the Owner has fee title to the Property, that there are no unrecorded encumbrances or interests relating to the Property, and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 21. Indemnification. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or costs incurred resulting from approval of the Subdivision. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys’ fees, except matters involving acts of gross negligence by the City. 22. Assignment. The Developer may not assign this Agreement without the prior written permission of the City, which consent shall not be unreasonably withheld, conditioned or denied. 23. Notices. Any notice or correspondence to be given under this Agreement shall be deemed to be given if delivered personally or sent by U.S. Mail, postage prepaid, certified mail, return receipt requested: a) as to Developer: Raymond Skolberg 19052 108 Street 9 590172v5ME230-701 Brownton, MN 55312 with a copy to: Dan McInerny Dan McInerny, P.A. 5101 Thimsen Avenue, #100A Minnetonka, MN 55345 b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 Attn: City Administrator with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this section. The Developer shall notify the City if there is any change in its name or address. 24. Severability. In the event that any provision of this Agreement shall be held invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 25. Non-waiver. Each right, power or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 26. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. ******************** 10 590172v5ME230-701 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF MEDINA By: __________________________________ Kathleen Martin, Mayor By: __________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2019, by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. ___________________________________ Notary Public 11 590172v5ME230-701 THE OWNER By: ___ Raymond Skolberg, Trustee of the Patricia R. Raskob Trust, created under the Last Will and Testament of Patricia R. Raskob, dated November 7, 1995 STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2019, by Raymond Skolberg, trustee of the Patricia R. Raskob Trust, created under the Last Will and Testament of Patricia R. Raskob, dated November 7, 1995, on behalf of the Trust. ___________________________________ Notary Public A-1 590172v5ME230-701 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description The Property to which this Development Agreement applies is located in Hennepin County, Minnesota and is legally described as follows: Lots 1 and 2, Block 1, Raskobs Elm Creek Addition B-1 590172v5ME230-701 EXHIBIT B TO DEVELOPMENT AGREEMENT FORM OF STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into as of the ____ day of ____________ 20__, by and between ____________________, a ____________________ (the “Developer”), and the city of Medina, a Minnesota municipal corporation (the “City”). WITNESSETH: WHEREAS, the Developer owns certain real property located in the Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); and WHEREAS, the Property has been platted and drainage and utility easements have been dedicated to the City over portions of the Property (the “Easement Areas”) as depicted on Exhibit B attached hereto; and WHEREAS, the Developer intends to construct within the Easement Areas certain stormwater improvements (the “Stormwater Improvements”) for the benefit of the Property; and WHEREAS, by a separate development agreement previously recorded against the Property, the City has required the Developer to enter into an agreement for the construction and maintenance of the Stormwater Improvements; and WHEREAS, the Elm Creek Watershed Management Commission requires permanent provisions for handling of storm runoff, including terms and conditions for operation and maintenance of all Stormwater Improvements, and requires such provisions to be set forth in an agreement to be recorded against the Property; and WHEREAS, the City and the Developer intend to comply with certain conditions, including entering into a maintenance agreement regarding the Stormwater Improvements. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Maintenance of the Stormwater Improvements. The Developer and its successor or assigns as fee owner of the Property shall be responsible for maintaining the Stormwater Improvements and for observing all drainage laws governing the operation and maintenance of the Stormwater Improvements. The Developer shall adhere to the schedule for the periodic inspection of the Stormwater Improvements attached hereto as Exhibit C. The Developer shall make all such scheduled inspections, keep record of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance, including skimming and B-2 590172v5ME230-701 cleaning of the Stormwater Improvements, shall be the obligation of the Developer and its successors or assigns as the fee owner of the Property. 2. City’s Maintenance Rights. The City may maintain the Stormwater Improvements, as provided in this paragraph, if the City reasonably believes that the Developer or its successors or assigns has failed to maintain the Stormwater Improvements in accordance with applicable drainage laws and other requirements and such failure continues for 30 days after the City gives the Developer written notice of such failure or, if such tasks cannot be completed within 30 days, after such time period as may be reasonably required to complete the required tasks provided that Developer is making a good faith effort to complete said task. The City's notice shall specifically state which maintenance tasks are to be performed. If Developer does not complete the maintenance tasks within the required time period after such notice is given by the City, the City shall have the right to enter upon the Easement Area to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer or its successors or assigns, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Developer or its assigns fails to reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Property. The Developer, on behalf of itself and its successor and assigns, acknowledges that the maintenance work performed by the City regarding the Stormwater Improvements benefits the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as determined by the city engineer, the 30-day notice requirement to the Developer for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City and be subject to assessment for any expense so incurred by the City in the same manner as if written notice as described above has been given. 3. Hold Harmless. The Developer hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or resulting from the Developer's, or the Developer's agents’ or employees’ negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Developer to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Developer's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts of the City, its employees, agents and representatives. 4. Costs of Enforcement. The Developer agrees on behalf of itself and its successors and assigns to reimburse the City for all costs prudently incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 5. Notice. All notices required under this Agreement shall either be personally B-3 590172v5ME230-701 delivered, be sent by nationally recognized overnight courier or be sent by U.S. certified or registered mail, postage prepaid, and addressed as follows: a) as to Developer: ____________________ ____________________ ____________________ Attn: ____________________ b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: City Administrator with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 6. Successors. All duties and obligations of Developer under this Agreement shall also be duties and obligations of Developer's successors and assigns. The terms and conditions of this Agreement shall run with the Property. 7. Effective Date. This Agreement shall be binding and effective as of the date first written above. ******************** B-4 590172v5ME230-701 IN WITNESS WHEREOF, the parties to this Stormwater Maintenance Agreement have caused these presents to be executed as of the day and year aforesaid. THE DEVELOPER By: _____________________________ Its: _____________________________ STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________, 20__, by __________________, the ____________________ of ____________________, a _________________________, on behalf of Grantor. ____________________________________ Notary Public B-5 590172v5ME230-701 CITY OF MEDINA By__________________________________ Kathleen Martin, Mayor By__________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _____________, 20__, by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. ____________________________________ Notary Public This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 B-A-1 590172v5ME230-701 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property [to be inserted] B-B-1 590172v5ME230-701 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Depiction of Easement Areas [to be inserted] B-C-1 590172v5ME230-701 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT Inspection and Maintenance Schedule [to be inserted] C-1 590172v5ME230-701 EXHIBIT C TO DEVELOPMENT AGREEMENT FLOODPLAIN MITIGATION PLAN 590172v5ME230-701 C-2 590172v5ME230-701 C-3 590172v5ME230-701 C-4 590172v5ME230-701 D-1 EXHIBIT D TO DEVELOPMENT AGREEMENT FORM OF UPLAND BUFFER EASEMENT AGREEMENT THIS UPLAND BUFFER EASEMENT AGREEMENT (the “Agreement”) is made this ____ day of __________, 20__ by and between the city of Medina, a Minnesota municipal corporation (the “City”), and ___________________, a ____________________ (the “Grantor”). RECITALS A. Grantor is the fee owner of property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto (the “Property”); and B. A separate development agreement (the “Development Agreement”) regarding the development of the Property has been recorded against the Property, the terms of which require the Grantor to establish upland buffers adjacent to wetlands on portions of the Property consistent with City regulations, the location of which is legally described in Exhibit B, attached hereto (the “Easement Area”). D. In accordance with the Development Agreement and the City’s wetland preservation ordinance, the City has requested that Grantor grant to the City a conservation easement (the “Upland Buffer Easement”) over the Easement Area. The Easement Area is depicted on Exhibit C attached hereto. E. Grantor is willing to grant the Upland Buffer Easement in accordance with the terms of this Agreement. PROVISIONS In consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Grantor hereby grants and conveys to the City and its successors and assigns, an Upland Buffer Easement in, under, on, over and across the Easement Area, and the City hereby accepts such grant. The duration of this easement is perpetual, subject to Minnesota law governing granting of easements to governmental bodies, and shall bind and inure to the benefit of the parties, their successors and assigns. 2. The following terms and conditions shall apply to the Easement Area: a. The Easement Area shall be preserved predominantly in its natural condition, except to the extent set forth below. No use shall be made of the Easement Area except uses, if any, which would not change or alter the condition of the Easement Area or its drainage, water 590172v5ME230-701 D-2 conservation, erosion control, soil conservation, or fish and wildlife habitat and characteristics. b. No structures, hardcover or other improvements shall be constructed, erected, or placed upon, above or beneath the Easement Area, with the exception of a boardwalk or dock not to exceed four feet in width to allow reasonable access to the wetland. c. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Easement Area except as is necessary to remove storm damage, diseased or non-native vegetation or as authorized by the prior written consent of the City consistent with the wetland preservation ordinance. A path no more than four feet in width may be mowed to allow reasonable access to the wetland. d. No earth, peat, gravel or soil, sand or any other natural material or substance shall be moved or removed from the Easement Area and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Easement Area without the prior written consent of the City. e. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Easement Area, and no waste, trash, yard waste, manure or other materials shall be placed, dumped or stored upon the Easement Area without the prior written consent of the City. 3. Grantor represents that Grantor owns the Easement Area in fee simple, subject only to the encumbrances of record. 4. The Grantor conveys to the City and its successors and assigns, the following rights: a. The City may enter upon the Easement Area for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Easement Area without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Easement Area. The City shall provide notice and an order for corrective action consistent with City regulations. If the Grantor does not take the required corrective action, the City may enter the Property in order to perform the action. In such case, the City shall send an invoice of its reasonable maintenance costs to the Grantor, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Grantor fails to reimburse the City for its costs and expenses within 45 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Property. The Grantor, on behalf of itself and its successor and assigns, acknowledges that the corrective work performed by the City benefits the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. b. The City may bring an action in any court of competent jurisdiction against the Grantor to enforce the terms of this Agreement; to require restoration of the Easement Area to its 590172v5ME230-701 D-3 prior or more natural condition; to enjoin such non-compliance by temporary or permanent injunction and to recover any damages arising from such non-compliance. If a court determines that the Grantor has failed to comply with this Agreement, Grantor or Grantor’s successors or assigns shall reimburse the City for any reasonable costs of enforcement, including costs of restoration, court costs and reasonable attorneys’ fees, in addition to any other payments ordered by the court. 5. Grantor hereby grants and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Area. 6. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation and maintenance of the Property and the Easement Area. 7. Grantor agrees to indemnify, defend and hold harmless the City, its officials, employees and agents, against any and all loss, costs, damage and expense, including reasonable attorneys’ fees and costs that the City incurs because of the breach of any of the above covenants and/or resulting from or due to Grantor’s intentional misrepresentation of any material fact contained therein. The Grantor and the City agree that each shall be responsible for their own acts and the results of such acts and shall not be responsible for the act of the other party and the results of such acts. 8. This Agreement may be amended only by mutual written agreement of the parties. 9. Nothing herein shall give the general public a right of access to the Property. 10. Grantor’s rights and obligations under this Agreement terminate upon transfer or termination of its interest in the Property, provided that any liability for acts or omissions occurring prior to the transfer or termination shall survive that transfer or termination. Nothing in this Paragraph 10 is deemed to alter or amend the remaining terms of the Agreement in the event of a transfer of interest. 11. Any notice required in this Agreement shall be delivered personally or sent by U.S. certified mail, return receipt requested: a) as to Developer: ______________________ ______________________ ______________________ Attn: ____________________ b) as to City: City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: City Administrator 590172v5ME230-701 D-4 with a copy to: Ronald H. Batty Kennedy & Graven 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. ************************ 590172v5ME230-701 D-5 IN WITNESS WHEREOF, the parties to this Upland Buffer Easement Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR By: _____________________________ Its: _____________________________ STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________, 20__, by __________________, the ____________________ of ____________________, a _________________________, on behalf of Grantor. ____________________________________ Notary Public 590172v5ME230-701 D-6 CITY OF MEDINA By__________________________________ Kathleen Martin, Mayor By__________________________________ Scott T. Johnson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _____________, 20__, by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation. ____________________________________ Notary Public This instrument drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 590172v5ME230-701 D-A-1 EXHIBIT A TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of the Property [to be inserted] 590172v5ME230-701 D-B-1 EXHIBIT B TO UPLAND BUFFER EASEMENT AGREEMENT Legal Description of the Easement Area [to be included] 590172v5ME230-701 D-C-1 EXHIBIT C TO UPLAND BUFFER EASEMENT AGREEMENT Depiction of the Easement Area [to be included] RASKOBS ELM CREEK ADDITION Block 1 2 1 HAMEL R O A D HAMEL R O A D RASKOBS ELM CREEK ADDITION MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Jim Stremel, City Engineer DATE: August 1, 2019 MEETING: August 7, 2019 SUBJECT: Arrowhead Drive Quiet Zone Project – Update & Final Design Background: The Arrowhead Drive Quiet Zone Project consists of establishing a new quiet zone on the Canadian Pacific Railroad (CP) corridor at the public highway-rail at-grade crossing on Arrowhead Drive near the intersection with Trunk Highway 55 (TH 55). Although Arrowhead Drive is a County roadway, the City of Medina received an LRIP grant from the state and will be required to lead the project to establish the quiet zone. The project will involve implementing Supplementary Safety Measures (SSM’s) and Alternative Safety Measures (ASM’s) meeting the Federal Railroad Authority (FRA) requirements. Based on the preliminary design results, the safety measures proposed will include raised concrete medians on the north and south sides of the railroad crossing. The length of the median on the north side of the crossing does not meet the typical FRA standards and so an application for approval of the ASM has been made. The City’s long range pedestrian facilities plan includes extending a bituminous trail along the east side of Arrowhead Drive from the south side of Loram (north side of AutoMotorPlex) to TH 55 (approximately 1000 feet). A pedestrian crossing at the railroad has been proposed with this project to facilitate this future trail extension to the south. In March, the City Council approved the railroad agreement to facilitate the construction of the pedestrian crossing surface; This work is completed by CP Railroad’s crews. The enclosed exhibit shows the location of the proposed raised medians, pedestrian crossing, and the future trail extension to the south. Progress to Date: Here is a brief synopsis of the project progress to date: January Kick-off meeting with project stakeholders (City of Medina, CP Railroad, MnDOT offices of railroads and signals, Hennepin County) January Diagnostic meeting with stakeholders and FRA onsite February Schematic design March Submission of Notice of Intent (NOI) to establish quiet zone with 60-day comment period March City Council approved railroad agreement for pedestrian crossing surface April/May Preliminary design and cost estimates June Traffic counts by Hennepin County July Submission of application for ASM Agenda Item # 7D 2 Project Cost & Funding: The total estimated project cost is $389,000 which includes a 15% contingency factor and 30% indirect costs for legal, engineering, administrative, and financing. The cost of the railroad crossing surface ($18,000) has been included with the estimated project cost. The project is proposed to be funded through the LRIP grant (up to $400,000) and City street/storm funds for the costs not eligible for LRIP reimbursement. Next Steps: The next step is for City Council to authorize the preparation of final plans and specifications in preparation for bidding in January/February 2020. City Council Action Requested: Authorize preparation of final plans and specifications. PROPOSED SECTION 13' THRU LANE 13' THRU LANE - 2 5' MEDIAN 12.5' TURN LANE 0% CP RAILROAD TO FURNISH AND INSTALL TWO 1219' CROSSING SURFACE PANELS (TOTAL OF 18' OF CROSSING SURFACE EXTENSION) APPRO% E% 1 GATE LOCATION 11' THRU LANE 12.5' TURN LANE 13' THRU LANE EXISTING SECTION 12' THRU LANE 2.0% 12' TURN LANE 20%- 12' THRU LANE 13' TURN LANE wsb ARROWHEAD DRIVE RAILROAD QUIET ZONE PROJECT CITY OF MEDINA, MINNESOTA FIGURE 1 5' MEDIAN OPTION 2/12/2019 K:\013211-000\Admin\Contract\Final Design & Bidding\2019-08-01 Arrowhead Dr QZ Project - Proposal for Final Design & Bidding.docx 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 5 5 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M August 1, 2018 Mr. Scott Johnson City Administrator City of Medina 2052 County Rd 24 Medina, MN 55340 Re: City of Medina – Arrowhead Drive Quiet Zone Project Proposal to Provide Engineering Services for Final Design and Bidding Services Dear Mr. Johnson: We are pleased to present this proposal for professional engineering services to complete the final design and bidding services for the Arrowhead Drive Quiet Zone Project. The following letter proposal represents our understanding of the project scope and level of engineering services requested. PROJECT UNDERSTANDING The Arrowhead Drive Quiet Zone Project consists of establishing a new quiet zone on the Canadian Pacific Railroad (CP) corridor at the public highway-rail at-grade crossing on Arrowhead Drive near the intersection with Trunk Highway 55 (TH 55). Although Arrowhead Drive is a County roadway, the City of Medina received an LRIP grant from the state and will be required to lead the project to establish the quiet zone. The project will involve implementing Supplementary Safety Measures (SSM’s) and Alternative Safety Measures (ASM’s) meeting the Federal Railroad Authority (FRA) requirements. Based on the preliminary design results, the safety measures proposed will include raised concrete medians on the north and south sides of the railroad crossing. The length of the median on the north side of the crossing does not meet the typical FRA standards and so an application for approval of the ASM will need to be made. The City’s long range pedestrian facilities plan includes extending a bituminous trail along the east side of Arrowhead Drive from the south side of Loram (north side of AutoMotorPlex) to TH 55 (approximately 1000 feet). A pedestrian crossing at the railroad has been proposed with this project to facilitate this future trail extension to the south. In March, the City Council approved the railroad agreement to facilitate the construction of the pedestrian crossing surface; this work will be done by CP Railroad. The enclosed project location map shows the proposed improvements based on the results of the preliminary planning, design, and input from the project stakeholders including the City of Medina, Canadian Pacific (CP) Railroad, MnDOT offices of railroads and signals, and Hennepin County. Project financing will be provided by the LRIP grant and other City funds. Plans and specifications will need to meet State Aid design standards in order to be eligible for reimbursement from the grant. SCOPE SERVICES The proposed scope of services detailed in this proposal will provide the necessary coordination, plans, and specifications to is to implement a quiet zone on Arrowhead Drive including the Public City of Medina Arrowhead Drive Quiet Zone Project – Proposal for Final Design August 1, 2019 Page 2 K:\013211-000\Admin\Contract\Final Design & Bidding\2019-08-01 Arrowhead Dr QZ Project - Proposal for Final Design & Bidding.docx Authority Application and Notice of Establishment for the quiet zone, final design of the quiet zone safety measures, final design of a new railroad pedestrian crossing, construction plans, specifications, and a final cost estimate for the project. Construction related services have not been included with this scope of work. It is our understanding that the railroad crossing at Tamarack will not need to be included with the Arrowhead Drive quiet zone. Project management is a key task included in each task as proposed. In each case, this task consists of management, administration, project coordination and communication with the City, project stakeholders, and the project team. Active project management will allow for open lines of communication and routine updates on project issues, as well as keeping the project on schedule and within budget. Quiet Zone Implementation and Coordination · Project management and general coordination with all project stakeholders including CP Railroad, MnDOT, Hennepin County, and City Staff · Final quiet zone implementation process coordination: o Draft the Public Authority Application o Update the Grade Crossing Inventory Form o Submit Notice of Establishment Final Design and Bidding · Project meetings with City staff including two for final design review, one City Council meeting · Private utility coordination and a meeting · Preparation of easement document with railroad · Wetland delineation · Preparation of final plans · Plan review and internal QA/QC · Specifications and final cost estimating · Permit applications and coordination of governing approvals (MnDOT State Aid process) · Bidding coordination and preparation of bid tabulation WORK PLAN Task 1: Quiet Zone Implementation and Coordination (Phase II) WSB will work with Quiet Zone Technologies to complete the quiet zone implementation (Phase II) and draft the Public Authority Application, update the Grade Crossing Inventory Form, and submit the Notice of Establishment. See the scope of work by Quiet Zone Technologies enclosed with this proposal for further details. Task 2: Public Involvement & Meetings/Hearings WSB will hold project meetings with the City and other stakeholders throughout the final design process to ensure the final product meets the intended need and requirements set forth by the governing agencies. The meetings will include one kick-off meeting with City staff at the beginning of final design, two meetings with City staff to review the final design and other aspects of the project, and one City Council meeting to present the final plans and request authorization to bid the project. Due to the nature of this project, neighborhood meetings have not been included with the scope of work. City of Medina Arrowhead Drive Quiet Zone Project – Proposal for Final Design August 1, 2019 Page 3 K:\013211-000\Admin\Contract\Final Design & Bidding\2019-08-01 Arrowhead Dr QZ Project - Proposal for Final Design & Bidding.docx WSB will provide the necessary graphics, maps, and presentation materials to be used at the meetings. We will work with City staff to develop and mail the required notices and prepare any necessary resolutions for City Council meetings. Task 3: Easement Preparation The topography work was completed with the preliminary design phase. Upon review of the existing right-of-way, it was determined that an easement for the pedestrian trail will be required within the railroad property. The scope of surveying services includes the preparation of a permanent easement parcel sketch, legal description, and field staking of easement onsite. The fee does not include the cost of obtaining a title report, filing fees, or negotiations with the railroad. Task 4: Wetland Delineation During the preliminary design phase, it was identified that a wetland complex on the west side of Arrowhead Drive may be impacted with the proposed improvements. Prior to proceeding with a full delineation, WSB will review the location in the field and determine the approximate location and determine the potential for impact based on the proposed final design. If a full delineation is warranted, WSB will complete a Level 2 wetland delineation in accordance with the US Army Corps of Engineers wetland delineation manual and Midwest regional supplement. The data collected will be incorporated into a Wetland Delineation report. The report will be submitted to the City of Medina for review prior to submittal to the regulatory agencies for boundary review and approval. Following boundary review and approval, a CADD file or GIS shapefile of the approved boundary will be delivered to the City for their records and used for project planning. The fee also includes Local Government Unit administration of the Wetland Conservation Act, which includes notifying the regulatory reviewers of the availability of the wetland delineation report, coordination of field review, and documentation of the final boundary Decision. Task 5: Final Design Final plans and specifications will be prepared for the project. Specific work included with this task will be development of final project documents, construction plans, and specifications/contacts for bidding. The project will be funded all or in part through the LRIP grant and will require a full MnDOT State Aid plan review (with functional design review/comments) at 60%, 90%, and 100%. Private Utility & GSOC Coordination This task will include the coordination of and updated Gopher State One Call request for utility maps, and coordination with specific utility companies that may have conflicts with the proposed street and utility installations. One meeting with utility owners will be conducted as a part of this scope of work. Plan Preparation WSB will prepare a set of detailed construction plans in accordance with Mn/DOT and County State Aid Highway standards. WSB will coordinate its work closely with City of Medina, City of Medina Arrowhead Drive Quiet Zone Project – Proposal for Final Design August 1, 2019 Page 4 K:\013211-000\Admin\Contract\Final Design & Bidding\2019-08-01 Arrowhead Dr QZ Project - Proposal for Final Design & Bidding.docx Hennepin County, Mn/DOT State Aid, and other public agencies during the entire design process to ensure that agency requirements are met. Additional coordination with the railroad will be necessary to coordinate the construction aspects of the plan that affects their services. The final design and plans will detail the improvements including the pavement section, quantity tabulations, centerline elevations for curb replacement, removals and restoration, erosion control, plan/profiles for storm sewer improvements, signing/striping plans, traffic control plans, cross-sections, and other plans required to meet the governing agency requirements. Geometric & Storm Sewer Layout In general, the geometric layout was completed with preliminary design and reviewed by CP Railroad and Hennepin County. With that being said, WSB will work together with City staff during the preliminary design task to determine the most cost effective means and methods of designing and constructing the proposed improvements. Stormwater Management and Final Design WSB will provide final design services for the storm sewer system modifications needed to facilitate the proposed improvements. The project will disturb less than one acre of land area and the increase in impervious surface will be less than 5,000 square feet. Due to this level of disturbance, an NPDES and Elm Creek Watershed permitting will not be required. Although a small impervious area will be added, the State Aid review criteria will require the preparation of spread and run calculations for runoff within the roadway corridor. The services included with this task include final stormwater modelling, preparation of the appropriate reporting and State Aid paperwork, and coordination with the appropriate governing authorities for approval of the storm sewer modifications. Plan Review & QA/QC WSB will implement plan review and quality assurance/quality control procedures and protocols for the proposed design, plans, and specifications. This will provide the client with a high level of plan quality and constructability. Cost Estimates WSB will prepare a final project cost estimate for the proposed street, trail, and storm sewer work. Costs will be split by funding sources in accordance with what MnDOT, Hennepin County, and the City of Medina needs. Specifications & Contract Documents WSB will prepare final specifications, special provisions, contract documents, wage compliance documents, and bid form(s) in accordance with State Aid requirements and to facilitate bidding of the project. Governing Agency Review and Coordination WSB will prepare and submit for 60%, 90%, and 100% plans for City, Hennepin County, and MnDOT review and comments. We will provide a written comment resolution form for each City of Medina Arrowhead Drive Quiet Zone Project – Proposal for Final Design August 1, 2019 Page 5 K:\013211-000\Admin\Contract\Final Design & Bidding\2019-08-01 Arrowhead Dr QZ Project - Proposal for Final Design & Bidding.docx submittal addressing the comments and actions taken. We will work proactively with City, Hennepin County, and MnDOT’s review staff to address the comments in the most efficient manner. This scope of work also includes a signal justification letter to address the relocation of the existing loop detectors at the intersection of Arrowhead Drive and TH 55. WSB will prepare and submit a final signed and certified plan set to Hennepin County and MnDOT in order to receive approval to let the project. Task 6: Provide Bidding/Support Services WSB staff will prepare the advertisement for bids, respond to contractor questions, attend the bid opening at City Hall, provide a bid tabulation, tabulate the bids, evaluate qualifications, and provide an award recommendation. It has been assumed that no pre- bid meeting will be required. Exclusions · Geotechnical evaluation or soil borings. It is anticipated that Hennepin County will provide existing soil borings on file from when the road was constructed. The existing street section will be replaced in kind or utilized for any proposed street widening. · NPDES permitting and official stormwater pollution prevention plan (SWPPP). The project will disturb less than one acre and therefore an official SWPPP and NPDES permit is not required. · The proposed project will not trigger permanent stormwater improvements with the City or Elm Creek Watershed District and therefore no scope of services have been included for this task. · Lighting, landscaping, or preparation of other plans not listed have not been included with the scope of services. · Public involvement as it relates to neighborhood meetings or other public outreach. · Quiet zone implementation at any other railroad crossing. · Traffic counts. · Construction related services. ANTICIPATED PROJECT SCHEDULE Below is the anticipated project schedule. The exact timing of the neighborhood meetings, public hearings, and final construction timeline will be updated as the schedule progresses. Phase 2 – Final Design City Council Authorizes Final Design ......................................................................... August 7, 2019 Final Design .......................................................................................... August 2019 - January 2020 Governing Agency Review ........................... September (60%), November (90%), January (100%) CC Approve Plans / Authorize Ad for Bid .............................................................. January 21, 2020 Bid Opening / Set Assessment Date ............................................. (Wednesday) February 19, 2020 CC Receives Bids / Award Project ............................................................................. March 3, 2020 Phase 3 – Construction Begin Construction .................................................................................................... May/June 2020 Substantial Completion .............................................................................. August/September 2020 City of Medina Arrowhead Drive Quiet Zone Project – Proposal for Final Design August 1, 2019 Page 6 K:\013211-000\Admin\Contract\Final Design & Bidding\2019-08-01 Arrowhead Dr QZ Project - Proposal for Final Design & Bidding.docx PROPOSED FEE Based on the proposed task hour budget, WSB will complete the scope of work detailed in this proposal on hourly basis for a not-to-exceed amount of $32,960. WSB would invoice the City of Medina for the actual hours worked at each employee classification with the current WSB hourly rates. No work in excess of the authorized amount will be completed without prior written approval from the City of Medina. A copy of the project task hour budget is attached for your reference. This represents our complete understanding and scope of the project. We are available to begin work immediately upon authorization. WSB appreciates the opportunity to provide the City of Medina with this proposal. As always, we are looking forward to working with you and your staff toward the completion of the project. Please feel free to contact me with any questions or concerns you have. Sincerely, WSB Jim Stremel, P.E. Senior Project Manager Attachments: project location map (1 pg), fee breakdown (1 pg), Quiet Zone Technologies proposal (3 pgs) City of Medina: _________________________________ Authorized signature _________________________________ Title _________________________________ Date PROPOSED SECTION 13' THRU LANE 13' THRU LANE - 2 5' MEDIAN 12.5' TURN LANE 0% CP RAILROAD TO FURNISH AND INSTALL TWO 1219' CROSSING SURFACE PANELS (TOTAL OF 18' OF CROSSING SURFACE EXTENSION) APPRO% E% 1 GATE LOCATION 11' THRU LANE 12.5' TURN LANE 13' THRU LANE EXISTING SECTION 12' THRU LANE 2.0% 12' TURN LANE 20%- 12' THRU LANE 13' TURN LANE wsb ARROWHEAD DRIVE RAILROAD QUIET ZONE PROJECT CITY OF MEDINA, MINNESOTA FIGURE 1 5' MEDIAN OPTION 2/12/2019 Total Hours Task No.Description 2 PUBLIC INVOLVEMENT & MEETINGS A. Design Review Mtg with Staff (2 Meetings)3 2 3 8 986$ C. City Council Meeting (1 Meetings)2 1 1 4 522$ 5 FINAL DESIGN & PLAN PREPARATION A. Plan Preparation and Design 6 16 38 20 80 9,232$ B. Stormwater Management/Hydraulics 1 2 8 1 12 1,338$ C. Traffic Control & ADA Design 2 1 6 8 1 18 2,247$ D. Plan Review & QA/QC 2 2 4 8 1,188$ COST ESTIMATE 2 1 2 5 620$ SPECIFICATIONS & CONTRACT DOCUMENTS 6 6 10 1 8 31 3,471$ UTILITY COORDINATION & MEETING (1)3 4 7 860$ GOVERNING AGENCY REVIEW & COORD 2 2 2 2 8 16 2,304$ 6 BIDDING PROCESS / ASSISTANCE A. Bidding Services Including Submittals 6 2 2 8 18 2,076$ B. Bid Tabulation and Recommendation to Council 3 1 4 8 926$ Total Hours 38 31 71 20 10 10 14 21 215 25,770$ Hourly Costs $156 $112 $98 $139 $134 $112 $163 $90 Labor Costs $5,928 $3,472 $6,958 $2,780 $1,340 $1,120 $2,282 $1,890 Task No. Description 1 QUIET ZONE IMPLEMENTATION See enclosed proposal from Quiet Zone Technologies 2,450$ 3 EASEMENT SKETCH PREP/FIELD STAKING 1,000$ 4 WETLAND DELINEATION 3,740$ Total Hours 7,190$ Total Final Design 32,960$ Water Resources Engineer (Stephanie Hatten) QA/QC & Agency Coordination (Nic Hentges) ESTIMATE OF FEES Traffic Engineer (Mike Shomion) ARROWHEAD DRIVE QUIET ZONE PROJECT CITY OF MEDINA ESTIMATED HOURS Estimated Cost PHASE 2 - FINAL DESIGN & BIDDING SERVICES FINAL DESIGN SERVICES CAD/Design Technician (Mike Molitor) Project Manager (Jim Stremel) Project Engineer (Lydia Ener) Graduate Engineer (Brandon Movall) Clerical/GIS (Sue B.) FIELD SERVICES & SUBCONSULTANTS Arrowhead Dr QZ Project - Fee Breakdown - Final Design & Bidding 2 8/1/2019 7501 Benbrook Parkway Fort Worth, TX 76126 817-820-6300 Fax 817-820-6340 Home Office 7501 Benbrook Parkway Fort Worth, TX 76126 817-820-6300 Fax 817-820-6340 July 24, 2019 Mr. Jim Stremel, PE Senior Project Manager/Associate WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 Re: Medina, MN Quiet Zone Implementation Phase II Dear Mr. Stremel: Quiet Zone Technologies (“QZT”) is pleased to present this proposal to assist the City of Medina with Phase II of the implementation of a new Quiet Zone. The new Quiet Zone will be on the Canadian Pacific Railroad (“CP”) corridor and includes the public highway-rail grade crossing Arrowhead Drive (DOT 689127U). Because Arrowhead Drive is a County Roadway located within the city limits of Medina, both the City of Medina and Hennepin County must agree to establishment of the Quiet Zone. Both public authorities must jointly, or by delegation provided to one of the authorities, take such actions as required by 49 CFR Part 222 Use of Locomotive Horns at Highway-Rail Grade Crossings; Final Rule. Scope of Work The scope of work for this project will be directly related to completing the necessary steps to implement the new Quiet Zone. During Phase I of the implementation of the Quiet Zone, calculation of the Quiet Zone Risk Indexes, treatment selection, estimation of the effectiveness rating of the Alternative Safety Measure, determining the Quiet Zone Risk Index, updating the Grade Crossing Inventory Form, and drafting and submitting a Notice of Intent were completed. Phase II tasks will consist of drafting and submitting a Public Authority Application for a new Quiet Zone, the updating of the Grade Crossing Inventory Form and drafting and submitting the Notice of Establishment. Draft Public Authority Application (Completed in Phase I) Quiet Zone Technologies has already drafted and submitted the required Public Authority Application to create a new Quiet Zone. The application was sent to the FRA for their approval of the City’s plan to create the new Quiet Zone. The application included the updated Grade Crossing Inventory Form, detailed information on the safety improvement proposed, a statement of efforts taken to address comments submitted by the CP, Hennepin County and MNDOT, a commitment to implement the proposed safety measure and demonstrate through data and analysis that the proposed safety measure will lower the Quiet Zone Risk Index to a level less than either the Nationwide Significant Risk Threshold or Risk Index With Horns. 7501 Benbrook Parkway Fort Worth, TX 76126 817-820-6300 Fax 817-820-6340 Update Grade Crossing Inventory Form Once the Alternative Safety Measure (ASM), identified as being a non-compliant 5 foot wide, 8 inch high non-traversable concrete median, has been installed, QZT will update the Grade Crossing Inventory Form for Arrowhead Drive. The updated Grade Crossing Inventory Form will document the ASM in place upon establishment of the Quiet Zone. Draft Notice of Establishment Quiet Zone Technologies will draft the required Notice of Establishment. This notice will be sent to the CP, MNDOT, Hennepin County and the Associate Administrator of the FRA. The notice will include a list of each public at-grade crossing and private at-grade crossing identified by both the U.S. DOT number and street name, a specific reference to the regulatory provision that provides the basis for the Quiet Zone Establishment, a copy of the notes collected from the Diagnostic Team Review, a statement that a 24-hour restriction will be imposed on the routine sounding of the train horn, a brief explanation for implementing the desired treatment, a current Grade Crossing Inventory Form which reflects conditions at the crossing prior to the installation of the safety measure, a current Grade Crossing Inventory Form which reflects the installation of the proposed safety measure, a written statement affirming the Notice of Intent was sent, the name and contact information of the City’s point of contact and a list of names and addresses of all parties that will be notified. The Notice of Establishment will also contain a statement signed by the chief executive officer of the City of Medina and Hennepin County in which the chief executive officer shall certify that the information submitted by the public authority is accurate and complete to the best of his/her knowledge and belief. Proposal Fee The tasks described above will be completed for a lump sum fee of $2,450. The fee is to be paid within 30 days of our invoice. Should the need for additional services arise that are not mentioned in the scope of services, Quiet Zone Technologies would be happy to provide them upon request and receipt of written authorization at our standard hourly rates plus reimbursable expenses. Termination The City and Quiet Zone Technologies will retain the right to terminate the process of the Quiet Zone Implementation at any point during the process. Upon termination the City will required only to reimburse Quiet Zone Technologies for the services rendered up to the time of termination. Exclusions The items listed below are excluded from our proposal: 7501 Benbrook Parkway Fort Worth, TX 76126 817-820-6300 Fax 817-820-6340 Engineering or Design. Traffic Counts. Railroad Protective Liability Insurance. Professional Liability Insurance. Bonding. Any taxes incurred will be in addition to this proposal. Respectfully Submitted, Robert Albritton CEO Quiet Zone Technologies (817) 820-6347 Information provided within this proposal is considered confidential information between the Recipient and Quiet Zone Technologies. Planning Department Update Page 1 of 2 August 7, 2019 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: August 1, 2019 SUBJ: Planning Department Updates – August 7, 2019 City Council Meeting Land Use Application Review A) Raskob Elm Creek Addition – 500 Hamel Road – The John W Raskob Trust has requested to subdivide the 8 acres (approximately 4 net acres) of property into two separate parcels so that the family could market the two separately. The City Council granted preliminary approval at the May 21 meeting. The applicant has now requested final plat application, which will be presented to the Council at the August 7 meeting. B) Elam CUP and Variance – 1582 Homestead Trail – Megan and Tim Elam have requested a conditional use permit (CUP) for an accessory dwelling unit (ADU) and additional accessory structures, including a pool house and detached garage. The applicant has requested a variance from the maximum number of bedrooms and habitable square footage of an ADU to utilize the existing home previously used as caretaker’s home as an ADU and to construct a new home in the location of the home they demolished two years ago. The Planning Commission is tentatively scheduled to hold a public hearing on August 13, 2019. C) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Jan-Har, LLP (dba Adam’s Pest Control) has requested various approvals for development of a 35,000 s.f. office building, restaurant, and 13,000 s.f. warehouse/repair north of Highway 55, west of Willow Drive (PIDs 04-118-23-21-0001 and 04-118-23-24-0001). Staff is conducting a preliminary review, and the item will be scheduled for a public hearing when complete, potentially at the September 10 Planning Commission meeting. D) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive – Robert Atkinson has requested a change of the future land use from Future Development Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park. Staff is conducting a preliminary review and will schedule when complete for review, potentially at the September 10 meeting. E) Cavanaughs Meadowwoods Park Third Addition/OSI Expansion – Arrowhead Drive, north of Highway 55 – Arrowhead Holdings (real estate company for OSI) has requested approval of a site plan review, preliminary plat and rezoning to construct a 2nd building north of their existing facility. The applicant proposes to construct the building on a separate lot and to rezone the property to Business, in line with the updated Comprehensive Plan. The Council adopted approval documents on November 7. The applicant has now requested final plat approval. The applicant has also proposed some slight adjustments to the site plan, which were presented at the Planning Commission on March 12. The Planning Commission recommended approval of the amended site plan. Staff will present to the City Council when the final plat is prepared. F) Richardson Lot Combination – PIDs 18-118-23-24-0116 and 18-118-23-24-0117 – Big Island Land LLC (Dale Richardson) has requested a lot combination of two vacant parcels along Ardmore Avenue, just west of County Road 19. The parcels do not meet relevant lot standards and the applicant desires to combine them to construct a single home. The application is currently incomplete, and staff has requested additional information. Staff will schedule when complete for review. G) R2 Collector Road Setback Amendment – Matt and Nikki Cole have requested that the City amend the required setback from a collector roadway within the R2 zoning district from 35 Planning Department Update Page 2 of 2 August 7, 2019 City Council Meeting feet to 30 feet. The Planning Commission held a public hearing at the July 9 meeting and recommended denial of the request. However, the Commission recommended that the City review the setbacks more broadly. H) Munsell Wetland Buffer Vacation – 3157 Wild Flower Trail – Daniel Munsell has requested that the City vacate a portion of the wetland buffer easement in the back of their property in The Enclave. The applicant argues that the developer could have “averaged” the width of the buffer into adjacent open space owned by the City and proposes to narrow it upon their property. The City Council approved the vacation on July 2 , the vacation and easement have been recorded and the project will be closed. I) School Lake 2nd Final Plat, School Lake 2nd Easement Vacation, Johnson ADU CUP, Maxxon, Hamel Brewery, St. Peter and Paul Cemetery – The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. J) Woods of Medina, Hamel Haven subdivisions – These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plats are recorded. Other Projects A) Quad City Agreement – staff has received comments from the other communities. Greenfield has requested approximately a 50% increase in units and Independence has requested approximately 30% increase. The increases are proposed to support new development, not to bail out existing systems. Staff has discouraged the cities from requesting additional units for additional developments and is considering a response. With the exception of the request for these additional units, it appears that most other matters have been settled. Staff is hoping to present the Agreement for Council approval at the August 18 meeting. B) Zoning Enforcement – one correction notice is pending for zoning violations. TO: City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: August 1, 2019 RE: Police Department Updates Hamel Rodeo Weekend All the events with the Hamel Rodeo dances, rodeo and parade went well. Our staff put in the extra hours to ensure safety. We had big crowds and the heat never let up. We tried a new parade route that seemed to work out. There were no interruptions with the parade, even with the proposed Brockton Road construction project. The people seemed to have a great time. AutoMotorPlex The AutoMotorPlex held their Caffeine and Octane event at their facility on Arrowhead Drive. The event is held every 2nd Saturday of the month April through November. This event was in the middle of the Hamel Rodeo. The AutoMotorPlex had their largest number of participants and attendees since the events inception. The show went off without any issues. We had two officers monitoring traffic and ensuring everyone is following the driving rules. We also had one of our reserves assisting with traffic control. Our personnel worked with the AutoMotorPlex staff to ensure the traffic plan was followed. We look forward to more successful events in the future. Update on Sgt. Nelson As you know, Sgt. Nelson had suffered some negative side effects from a gallbladder surgery in June. He returned home from the hospital on July 18th. He is still recovering. We are hoping for a speedy recovery. New Mobile Data Computers (MDC) In the last two weeks we took delivery of our new MDC for our squads. The computers were backordered since January. They were taken to Hennepin Radio to be programed and will be installed in our squads next week. The computers they are replacing were seven years old, which is very old for mobile computers. Melissa Robbins Hired by Buffalo Police Department Our CSO Melissa Robbins has been offered a full-time licensed officer position with the Buffalo Police Department. Her last day will be August 7th. I want to thank Melissa for all her great work for our department and the City. I wish her the best in her law enforcement endeavors. MEMORANDUM Patrol Updates For the dates of July 10 through July 29, 2019, our officers issued 44 citations and 113 warnings for various traffic infractions. There was a total of 3 traffic accidents, 10 medicals, 19 alarms and 4 DWI. Investigation Update Attended a two-day training in Rochester. The training was called F.E.T.I (Forensic Experiential Trauma Interview). The two-day course focused on interviewing victims of trauma. The course was very interesting, and I gained some useful information to use in future interviews. Investigating a sexual assault that occurred several times over the last few years. The victim is a juvenile female. A Corner House interview has been scheduled for the victim. The suspect is known. Investigation is ongoing. Investigated (2) cases where customers failed to pay for their gasoline. After investigating, both incidents were accidental. The gasoline was paid for and there were no charges. Investigating the theft of a piece of construction equipment from a home that is under construction. Investigating a report from Hennepin County Child Protection in regard to possible verbal abuse at residence. Investigation is ongoing. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: August 1, 2019 MEETING: August 7, 2019 SUBJECT: Public Works Update STREETS • Construction did not take place on Hickory Drive the week of July 29th as the contractor was awaiting the clearing/grubbing subcontractor to mobilize onto the site. Storm sewer and watermain work may be available as soon as 8/5 • The Brockton project continues into Stage 2. Public Works worked with the contractor for water shut off/on this week. • Public Works started blacktop patching Deer Hill east in preparation for the overlay in 2020. WATER/SEWER/STORMWATER • Public Works repaired a sewer service in the Cherry Hill area a few weeks ago and the street has now been repaired. • Well #6 cost for repair was as expected at $22,685. This included a new motor, pump, three sections of drop pipe, a check valve, labor to clean the well, and reinstall these items. The well casing looked good and the well has performed as expected for over twelve years. I expect it to perform for many more years. • Public Works has repaired eight catch basins so far. We are getting caught up on the stormwater repairs. All curb and blacktop have been replaced. • Staff continues to work on the Quad City agreement. We are having difficulty negotiating the units allowed but will continue to work on it. PARKS/TRAILS • The parks are in good shape and Public Works started trimming trees and brush along trails to allow for better access for maintenance vehicles and plow equipment. • Hunters Lions Park’s tennis court and basketball court were resurfaced and look great. We have received positive feedback on the repair. A new addition to the tennis court is youth tennis lines, which were a request by some residents. MISCELLANEOUS • Emery’s Tree Service has been trimming trees along roads and city property that Public Works doesn’t have equipment to remove. ORDER CHECKS JULY 17, 2019 – AUGUST 7, 2019 049085 ALL AMERICAN TITLE CO., INC ............................................... $145.00 049086 BANK OF MAPLE PLAIN ........................................................ $1,140.00 049087 BOND TRUST SERVICES CORP ....................................... $119,900.00 049088 ALYSSA M BUCKALEW REVOCABLE ........................................ $39.13 049089 BURNET TITLE ......................................................................... $137.29 049090 GO PERMITS LLC ..................................................................... $200.00 049091 HENNEPIN COUNTY .................................................................. $30.00 049092 HENN COUNTY INFO TECH .................................................. $2,654.21 049093 LEXISNEXIS RISK DATA MGMT INC .......................................... $33.00 049094 MN DEPT OF LABOR/INDUSTRY .......................................... $7,395.40 049095 PELC, RACHEL/DANIEL ........................................................... $250.00 049096 RAHMATULLAH, AMIN & ZEERAQ___ ..................................... $250.00 049097 RASKOB, BRIAN .................................................................... $1,000.00 049098 RAZA, AHMAD .......................................................................... $250.00 049099 RYAN COMPANIES ............................................................. $38,036.87 049100 TARGET CORPORATION .................................................... $61,353.96 049101 THEISEN, SCOTT/CHANTELLE ............................................. $1,000.00 049102 TOLL BROS, INC .................................................................... $2,000.00 049103 VAN ORSOW, DANIEL & ELISABETH ...................................... $500.00 049104 BROLIN, RACHEL ..................................................................... $550.00 049105 COMMERCIAL ASPHALT CO. ............................................... $2,039.34 049106 EDINA REALTY ......................................................................... $144.12 049107 ENCLAVE PATRIOT HOA ......................................................... $250.00 049108 FAREED, MOHAMMED OR AMIRA........................................... $250.00 049109 LACOMBE, JENNIFER .............................................................. $250.00 049110 LAW ENFORCEMENT LABOR .................................................. $408.00 049111 RAUDA MAHFOUZ .................................................................... $250.00 049112 MEDINA CC LLC ......................................................................... $30.00 049113 METRO WEST INSPECTION ............................................... $11,048.61 049114 MN DVS ....................................................................................... $25.00 049115 MN POLLUTION CONTROL AGENCY ........................................ $23.00 049116 PREMIUM WATERS INC ............................................................. $58.09 049117 RAMPALLI, SHESHAGIRI ......................................................... $250.00 049118 RYAN CHEVROLET CADILLAC ........................................... $11,025.00 049119 SUN LIFE FINANCIAL ............................................................ $1,310.71 049120 WEST TITLE, LLC ....................................................................... $20.16 049121 A-1 OUTDOOR POWER INC ....................................................... $59.49 049122 ASPEN MILLS INC .................................................................... $512.15 049123 AUTOWORKS COLLISION CENTER INC .............................. $2,043.60 049124 BATTERIES + BULBS ................................................................. $25.98 049125 BEAUDRY OIL & PROPANE .................................................. $2,193.47 049126 BURDAS TOWING .................................................................... $170.00 049127 CONTEMPORARY IMAGES ...................................................... $840.72 049128 CORE & MAIN LP ...................................................................... $874.32 049129 DIAMOND MOWERS INC....................................................... $2,598.82 049130 DPC INDUSTRIES INC ........................................................... $1,374.00 049131 ECM PUBLISHERS INC ............................................................ $459.09 049132 EHLERS & ASSOC INC. ......................................................... $4,075.00 049133 ESS BROS. & SONS, INC. ........................................................ $320.00 049134 FINLEY BROS. INC. ............................................................... $7,080.00 049135 GRAFIX SHOPPE ...................................................................... $170.00 049136 GROTH SEWER & WATER .................................................... $3,000.00 049137 GROVE NURSERY CENTER INC ............................................. $230.05 049138 HENN COUNTY TAXPAYER SVCS DEPT ................................ $748.65 049139 HENN CTY RECORDER/REGISTRAR ........................................ $49.50 049140 HOLIDAY FLEET ......................................................................... $91.92 049141 KD & COMPANY RECYCLING INC ........................................... $328.06 049142 KENNEDY & GRAVEN CHARTERED .................................... $8,655.46 049143 LANDFORM ............................................................................... $762.00 049144 LANO EQUIPMENT INC .............................................................. $52.85 049145 M/A ASSOCIATES ..................................................................... $105.75 049146 MARCO (LEASE) ....................................................................... $696.28 049147 NAPA OF CORCORAN INC .......................................................... $6.29 049148 NELSON ELECTRIC MOTOR REPAIR ..................................... $207.50 049149 NUSS EQUIPMENT GROUP LLC ...................................... $241,436.00 049150 OFFICE DEPOT ........................................................................ $668.02 049151 ROLF ERICKSON ENTERPRISES INC .................................. $8,023.36 049152 SIEMENS INDUSTRY INC......................................................... $240.00 049153 SITEONE LANDSCAPE SUPPLY LLC ...................................... $642.90 049154 STREICHER'S ........................................................................ $4,509.84 049155 TALLEN & BAERTSCHI .......................................................... $1,878.04 049156 TEGRETE CORP .................................................................... $1,683.66 049157 TIMESAVER OFFSITE .............................................................. $395.00 049158 TWIN CITY GARAGE DOOR ..................................................... $802.00 049159 SSI MN TRANCHE #10322006 ............................................... $2,933.38 049160 WSB & ASSOCIATES ........................................................... $22,818.75 Total Checks $588,008.79 ELECTRONIC PAYMENTS JULY 17, 2019 – AUGUST 7, 2019 005163E AFLAC ....................................................................................... $375.36 005164E VERIZON WIRELESS ............................................................. $1,577.96 005165E MINNESOTA, STATE OF ....................................................... $1,830.00 005166E FARMERS STATE BANK OF HAMEL ......................................... $25.00 005167E ELAN FINANCIAL SERVICE .................................................. $4,032.62 005168E PR PERA .............................................................................. $16,312.23 005169E PR FED/FICA ....................................................................... $17,394.88 005170E PR MN Deferred Comp ........................................................... $1,540.00 005171E PR STATE OF MINNESOTA .................................................. $4,030.34 005172E CITY OF MEDINA ........................................................................ $21.00 005173E FURTHER .............................................................................. $1,402.52 005174E CULLIGAN-METRO ..................................................................... $33.70 005175E CIPHER LABORATORIES INC. ................................................. $344.81 005176E MEDIACOM OF MN LLC ........................................................... $224.90 005177E DELTA DENTAL ..................................................................... $2,538.70 005178E MEDIACOM OF MN LLC ........................................................... $431.80 005179E WRIGHT HENN COOP ELEC ASSN ...................................... $2,005.90 005180E THE VALVOLINE COMPANY 68 ................................................. $77.94 005181E MARCO (LEASE) ....................................................................... $540.80 005182E FURTHER ................................................................................. $178.97 Total Electronic Checks $54,919.43 PAYROLL DIRECT DEPOSIT JULY 24, 2019 0509589 DINGMANN, TYLER ............................................................... $1,106.75 0509590 JOHNSON, PATRICK M. ........................................................... $636.00 0509591 ALTENDORF, JENNIFER L. ................................................... $1,497.45 0509592 BARNHART, ERIN A. ............................................................. $2,456.42 0509593 BELLAND, EDGAR J. ............................................................. $2,791.03 0509594 BOECKER, KEVIN D. ............................................................. $2,519.48 0509595 CONVERSE, KEITH A. ........................................................... $2,564.50 0509596 DINGMANN, IVAN W. .................................................................. $84.09 0509597 ENDE, JOSEPH...................................................................... $1,893.68 0509598 FINKE, DUSTIN D. ................................................................. $2,637.75 0509599 GALLUP, JODI M. ................................................................... $1,799.74 0509600 GLEASON, JOHN M. .............................................................. $1,870.77 0509601 GREGORY, THOMAS ............................................................ $1,944.73 0509602 HALL, DAVID M. ..................................................................... $2,121.29 0509603 JACOBSON, NICOLE ................................................................ $833.51 0509604 JESSEN, JEREMIAH S. .......................................................... $2,545.71 0509605 JOHNSON, SCOTT T. ............................................................ $2,206.31 0509606 JONES, KATRINA M............................................................... $1,403.86 0509607 KLAERS, ANNE M. ................................................................. $1,370.93 0509608 LEUER, GREGORY J. ............................................................ $2,028.52 0509609 MCGILL, CHRISTOPHER R. .................................................. $1,524.52 0509610 MCKINLEY, JOSHUA D .......................................................... $2,498.64 0509611 NELSON, JASON ................................................................... $2,269.10 0509612 PETERSON, DEBRA A. .......................................................... $2,020.16 0509613 REINKING, DEREK M ............................................................ $2,082.39 0509614 ROBBINS, MELISSA ................................................................. $818.72 0509615 ROERICK, AUSTIN ................................................................ $1,387.50 0509616 SCHARF, ANDREW ............................................................... $1,669.13 0509617 SCHERER, STEVEN T. .......................................................... $2,292.82 0509618 SCHNEIDER, BENJAMIN ....................................................... $1,087.32 Total Payroll Direct Deposit $53,962.82