HomeMy Public PortalAbout08.20.2019 Complete City Council Meeting Packet Posted 8/15/2019 Page 1 of 1
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, August 20, 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 August 7, 2019 Regular Council Meeting
V. CONSENT AGENDA
A. Approve Brush Grinding and Compost Removal Services Agreement with S & S Tree and
Horticultural Specialists
B. Approve Medina/Independence/Greenfield/Loretto Quad-City Agreement
C. Approve Hamel Fire Department Acknowledgement of Financing and Written Agreement
D. Resolution Accepting Donation from Robert Belzer and Family
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATION
A. Resolution Recognizing Jennifer Altendorf for Five Years of Service to the City of Medina
VIII. OLD BUSINESS
A. Presbyterian Homes Conduit Bonds – Public Hearing continued
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
IX. CITY ADMINISTRATOR REPORT
X. MAYOR & CITY COUNCIL REPORTS
XI. APPROVAL TO PAY BILLS
XII. 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 15, 2019
DATE OF MEETING: August 20, 2019
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Approve Brush Grinding and Compost Removal Services Agreement with S & S Tree and
Horticultural Specialists – The expenses from brush grinding and compost removal
services will be split with the City of Loretto. Medina’s portion is paid from the
Environmental Fund. Staff recommends approval.
See attached memo and agreement.
B. Approve Medina/Independence/Greenfield/Loretto Quad-City Agreement – The City of
Medina currently accepts sewage from Independence and Greenfield through our sewer
system along County Road 19 via the Tri-City Agreement. Medina has been working with
Independence, Greenfield, and Loretto in an effort to get the City of Loretto sewer ponds
offline and into the Metro system to improve the water quality in the Lake Independence
TMDL. The Quad-City Agreement adds Loretto and is intended to address responsibilities
beyond the cooperative agreement and sets the maximum number of units from each city
so as to protect the capacity of the system. Staff recommends approval.
See attached memo and agreement.
C. Approve Hamel Fire Department Acknowledgement of Financing and Written Agreement
– The attached agreement acknowledges Hamel VFD’s plans to finance equipment. The
city is not a part of the agreement or financially liable for the debt. This action is consistent
with what was approved for the Hamel Fire Department equipment purchases in 2017 and
2018. Staff recommends approval.
See attached acknowledgement.
D. Resolution Accepting Donation from Robert Belzer and Family – Medina resident Robert
Belzer made a donation to the city in recognition of staff time for Night to Unite. Staff
recommends approval of the resolution accepting the donation into the CIP funds and
thanking Mr. Belzer for his donation.
See attached memo and resolution.
2
VII. PRESENTATION
A. Resolution Recognizing Jennifer Altendorf for Five Years of Service to the City of
Medina – City Accountant Jennifer Altendorf will attend the meeting to be recognized
for five years of service to the city of Medina.
Recommended Motion: Move to adopt resolution recognizing Jennifer Altendorf for five
years of service to the city of Medina.
VIII. OLD BUSINESS
A. Presbyterian Homes Conduit Bonds – Public Hearing continued – 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
will provide a verbal update regarding the Open Meeting Law as it pertains to options
for attending meetings for the requested Hamel Fire Department Transition Group
meetings. Staff is requesting City Council discussion and direction.
See attached background information.
X. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 005183E-005201E for $81,940.65
and order check numbers 049161-049219 for $256,860.43 and payroll EFT 0509619-0509652
for $53,412.43.
INFORMATION PACKET:
Planning Department Update
Police Department Update
Public Works Department Update
Claims List
Medina City Council Meeting Minutes 1
August 7, 2019
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 7, 2019 3
4
The City Council of Medina, Minnesota met in regular session on August 7, 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, Finance Director Erin Barnhart, 15
Assistant City Administrator Jodi Gallup, 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 (7:00 p.m.) 23
24
A. Approval of the July 16, 2019 Special City Council Meeting Minutes 25
Moved by Anderson, seconded by Pederson, to approve the July 16, 2019 special City 26
Council meeting minutes as presented. Motion passed unanimously. 27
28
B. Approval of the July 16, 2019 Regular City Council Meeting Minutes 29
Moved by Anderson, seconded by Albers, to approve the July 16, 2019 regular City 30
Council meeting minutes as presented. Motion passed unanimously. 31
32
V. CONSENT AGENDA (7:01 p.m.) 33
34
A. Approve 2020 Kennedy and Graven Rates 35
B. Approve 2020 Steve Tallen Rates 36
C. Approve 2020 WSB Engineering Rates 37
D. Resolution No. 2019-45 Accepting Resignation of Community Service 38
Officer Melissa Robbins 39
E. Authorize to Recruit and Hire Community Service Officer Position 40
F. Approve Updated Job Description for Assistant City Administrator/City 41
Clerk 42
Johnson noted that the Council has requested additional discussion on Item F and 43
requested to pull that item from the Consent Agenda. 44
45
Anderson noted that he had the pleasure of riding with Community Service Officer 46
Melissa Robbins the previous night for Night to Unite and commended Belland on the 47
great hire. He noted that she was a tremendous asset for the community and wished 48
her the best in her new position. 49
50
Medina City Council Meeting Minutes 2
August 7, 2019
Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion 1
passed unanimously. 2
3
F. Approve Updated Job Description for Assistant City Administrator/City 4
Clerk 5
Johnson stated that Council Member DesLauriers pointed out under the comparables 6
from Saint Anthony Village there was a typo regarding the minimum/maximum salary 7
and provided the correct figure. He noted that two Council members also commented 8
that the Assistant City Administrator/City Clerk classification should be effective January 9
1, 2020 with the new budget. He stated that staff suggested that the change take place 10
immediately but noted that the change could be made effective either way based on 11
Council’s policy direction. 12
13
DesLauriers stated that he spoke with Johnson the previous day and this seems like a 14
pretty big jump to go up two pay grades. He asked if this was in line with the other pay 15
grades in the City and how this would impact other groups. 16
17
Barnhart stated that she can provide documentation, noting that the City follows a well 18
thought out method/plan for salaries which involves grading and points for each position 19
an employee holds. She stated that there are 11 pay grades and provided examples 20
where different leadership employees would fall on those grades. She stated that they 21
attempt to avoid inconsistencies or inequity by using this system. 22
23
Johnson noted the job description for the position would also change from hourly to a 24
salaried, professional position. 25
26
Barnhart agreed that this position currently receives overtime and the reclassification 27
would provide an immediate cost savings to the City. She stated that the position has 28
already been completing the additional duties and the reclassification simply updates the 29
job that is already being done. 30
31
Albers stated that he is comfortable with the proposed increase. 32
33
Pederson referenced the comparables that have been completed and noted that similar 34
cities have considerably higher population. He noted that perhaps Corcoran would be 35
most similar of the list and they do not have an Assistant City Administrator. He asked if 36
a similar pay grade increase has been done in the past. 37
38
Barnhart confirmed that a similar pay grade increase has been done before. 39
40
Johnson explained that each city is a little different on how they setup their 41
organizational chart and therefore it was difficult to find comparables. He explained that 42
some of the cities have larger populations or are closer to the metro but have similar 43
positions. 44
45
DesLauriers stated that it would be helpful for him to have better information on the pay 46
grades for other positions. 47
48
Barnhart explained that staff have slowly been reviewing the positions to update job 49
descriptions and structures to better match the duties being completed. 50
51
Medina City Council Meeting Minutes 3
August 7, 2019
Martin noted that this position would be somewhat similar to the Sergeant, who would 1
take over in the absence of the Chief but noted that this position also handles many 2
duties that the City Administrator would not typically handle. She asked how the change 3
impacts the budget. 4
5
Barnhart noted that the change is factored into the proposed 2020 budget and believed 6
that this would be a good time to make the change as there was a recent retirement. 7
She noted that there would also be a cost savings because of the overtime that this 8
position is accruing. 9
10
Martin asked if the Council is comfortable with the pay grade increase. 11
12
Pederson asked how this change would impact other positions, specifically whether step 13
increases are done during the year. 14
15
Johnson stated that the job description for this position is being updated and therefore 16
this would not impact wages for other positions. 17
18
Barnhart agreed that there are specific reasons supporting this change and would not 19
open the door to other requests. She confirmed that this has been done in the past. 20
She provided examples of changes in public works and accounting that received similar 21
pay grade increases during past years. 22
23
Martin stated that this seems to be making a correction rather than a typical promotion, 24
better matching the salary range that is appropriate for the position and duties being 25
fulfilled. 26
27
Johnson agreed that this is an update that is being made to reflect reality. 28
29
Martin stated that it seems that there is consensus to make the change and then asked 30
about timing. She noted that there are funds available in the budget for the remainder of 31
the year because of a recent retirement and that there would be a cost savings because 32
of the overtime currently being accrued. 33
34
Pederson commented that he would like to delay until January 1st. 35
36
DesLauriers stated that he does not feel that he has enough information. 37
38
Albers believed that this change should be made immediately. 39
40
Anderson also supported making the change now as this is almost a corrective measure 41
and therefore should be done now. 42
43
Martin shared that sentiment. 44
45
Moved by Anderson, seconded by Albers, to approve updated job description for 46
Assistant City Administrator/City Clerk. Motion passed 3 - 2 (Nay – Pederson and 47
DesLauriers). 48
49
VI. COMMENTS (7:26 p.m.) 50
51
Medina City Council Meeting Minutes 4
August 7, 2019
A. Comments from Citizens on Items not on the Agenda 1
There were none. 2
3
B. Park Commission 4
Park Commissioner Terry Sharp stated that the Park Commissioners attended a number 5
of Night to Unite parties the previous night at different parks. He stated that everyone he 6
talked to was having a great time and he was able to secure 16 signatures in support of 7
the municipal park fund. He provided updates on other Commissioners that attended 8
parties and received additional signatures in support of the municipal park fund. He 9
stated that the Commissioners did not hear any concern with supporting the municipal 10
park fund and there was overwhelming support. He noted that people enjoy the parks 11
and the ability for their kids to enjoy the equipment. 12
13
Martin stated that it is tremendous that the Park Commission has gone into the 14
community to gather this input and support, as that will help the Council to make future 15
decisions. She explained that the Council is very mindful of tax dollars and this 16
information will be helpful in making decisions. She stated that it would be helpful to 17
gain input from people that may not often frequent parks as well. 18
19
Park Commissioner Sharp agreed that it can be helpful to position themselves at other 20
events. He noted that he attended the bike rodeo but the problem with that event was 21
that two thirds of the attendees were not Medina residents. He reviewed some of the 22
questions that he asks people when talking to them. He stated that it would be great to 23
get some survey data on what people value in parks. 24
25
C. Planning Commission 26
Finke reported that the Planning Commission will meet the follow week to hold two 27
public hearings. The first hearing will be related to a Conditional Use Permit and 28
Variance request from 1582 Homestead Trail for an accessory dwelling unit and other 29
accessory buildings and the second for setback encroachments for decks along major 30
roadways. 31
32
VII. NEW BUSINESS 33
34
A. Presbyterian Homes Conduit Bonds – Public Hearing (7:35 p.m.) 35
Johnson noted that an update was received from legal counsel recommending that the 36
Council open the public hearing and continue it to August 20th because the lender and 37
borrower need additional time for negotiation. 38
39
Martin stated that it does not appear that the Metropolitan Council has yet issued a letter 40
in support. She stated that the Council should be mindful if that has been issued at the 41
next review. 42
43
Martin opened the public hearing at 7:37 p.m. 44
45
No comments made. 46
47
Moved by Anderson, seconded by Pederson, to continue the public hearing to the 48
August 20th meeting. Motion passed unanimously. 49
50
51
Medina City Council Meeting Minutes 5
August 7, 2019
B. Hamel Fire Department Transition Group Study Request (7:38 p.m.) 1
Johnson stated that City Attorney Ron Batty submitted a memorandum to discuss 2
attendance for the transition group meetings. 3
4
Batty stated that at the last worksession there was discussion about this topic and the 5
result was to appoint a few Council members to participate in a joint committee with the 6
Hamel Fire Department to discuss the topic. He stated that the issue that arose after 7
was whether there was an option to expand participation in that group to additional 8
Council members on a rotating basis. He did not believe that would be advisable as it 9
could easily be construed as serial meetings to form consensus without holding a City 10
Council meeting. He explained that while he does not believe that is the intent, it could 11
be construed in that manner. He stated that if it is important to the Council that more 12
than two people attend, they should call concurrent Council meetings with this 13
Committee which would allow all Council members to attend if desired. 14
15
Johnson noted that he would like policy direction from the Council on whether two 16
members of the Council would attend and provide updates or whether a concurrent 17
Council meeting should be called. 18
19
Pederson stated that he would agree to continue with the liaisons that have been 20
working on the matter along with Johnson and noted that group can provide updates to 21
the remainder of the Council. 22
23
Anderson stated that in the spirit of transparency these meetings should be noticed, and 24
members of the public should be allowed to attend the meetings. He believed that there 25
would be potential ramifications to the tax base, and everyone should have the 26
opportunity to attend. 27
28
DesLauriers stated that if Johnson takes detailed notes that should be sufficient. He 29
stated that it is already difficult to get people to attend and therefore recommended 30
keeping the group as is. 31
32
Albers agreed that he would recommend keeping the subcommittee with Johnson taking 33
notes. 34
35
Martin agreed and stated that this is simply an exploration and no action is being taken. 36
She stated that there is nothing to discuss until they know what may be proposed and 37
any potential action would need to come back before the Council in a public forum. She 38
believed that it would be important to keep the two appointed members in order to 39
maintain consistency. 40
41
Pederson asked if there is input from Hamel Fire as to how they would like the meetings 42
to be run. 43
44
Hamel Fire Chief Jeff Ruchti stated that they would like to keep the group small and 45
would agree that it would be helpful to continue working with the same liaisons. 46
47
Anderson stated that if people choose not to attend, that would be fine, but believed that 48
the meetings should still be noticed for the public. 49
50
Medina City Council Meeting Minutes 6
August 7, 2019
Batty clarified that the committee meetings are subject to the open meeting law and 1
should be held as open meetings. He stated that the issue he addressed in his 2
memorandum was whether they were Council meetings. He stated that the meetings 3
would need to be noticed and open to the public. He stated that in his opinion Fire 4
Department meetings would be subject to the open meeting law. 5
6
Martin stated that Loretto and Hamel Fire are both nonprofit organizations and therefore 7
did not believe those organizations are subject to the open meeting law. 8
9
Batty stated that as a volunteer fire department he believed that they would be subject to 10
the open meeting law. He stated that the purpose of the memo was that his opinion was 11
to not trip the open meeting law in respect to the City Council. 12
13
Martin asked who would notice the meeting. 14
15
Batty stated that if the meeting is a committee of the Fire Department, the Fire 16
Department should be noticing those meetings. He stated that he will review the issue 17
further. 18
19
Johnson stated that he will work with Batty to gather additional clarification on the 20
meetings and how they should be setup. 21
22
C. Raskobs Elm Creek Addition – Final Plat (7:53 p.m.) 23
Finke stated that the Council granted preliminary plat approval in May for this two-lot 24
subdivision. He stated that most of the conditions of preliminary plat approval would be 25
continued on and implemented in the future upon development of the site. He noted that 26
the current owner is not looking to develop but simply divide the sites for sale. He stated 27
that the conditions would then continue through to the ultimate developer. He stated that 28
staff recommends approval of the final plat and development agreement. 29
30
Martin asked if the legal description issue had been resolved. 31
32
Finke replied that issue was resolved at the time of preliminary plat. 33
34
1. Resolution No. 2019-46 Granting Final Plat Approval of Raskobs 35
Elm Creek Addition 36
Moved by Pederson, seconded by Anderson, to adopt Resolution No. 2019-46 Granting 37
Final Plat Approval of Raskobs Elm Creek Addition. Motion passed unanimously. 38
39
2. Development Agreement by and between the City of Medina and 40
Patricia R. Raskob Trust 41
Moved by Pederson, seconded by Anderson, to approve the Development Agreement 42
by and between the City of Medina and the Patricia R. Raskob Trust. Motion passed 43
unanimously. 44
45
D. Arrowhead Quiet Zone Project – Update from WSB (7:58 p.m.) 46
Johnson stated that the City received a $400,000 grant for the quiet zone work from the 47
State of Minnesota. He stated that WSB has provided a not to exceed quote for the final 48
design work. 49
50
Medina City Council Meeting Minutes 7
August 7, 2019
Stremel stated that the City is proposing to implement a quite zone and pedestrian 1
crossing features at Arrowhead Drive. He noted that the City is required to lead the 2
project because of the receipt of the grant funds. He stated that the City is utilizing a 3
consultant that specializes in quiet zone work. He noted that they are attempting to 4
minimize the amount of changes in order to implement the quiet zone and highlighted 5
the proposed improvements. He reviewed the progress to date which has involved the 6
different stakeholders. He reviewed the funding and project schedule. 7
8
DesLauriers referenced the lane width and asked if there is any concern with reducing 9
that to 11 feet. 10
11
Stremel stated that they worked with the County directly on that aspect and 11 feet is the 12
minimum width on a County roadway. He stated that they attempted to minimize 13
impacts to the adjacent wetland. 14
15
Finke stated that another factor was using the existing railroad arms. 16
17
Stremel confirmed that if the gates/railroad arms needed to be moved that could add 18
hundreds of thousands of dollars. 19
20
Pederson asked if the contingency is included in the grant funds. 21
22
Stremel confirmed that the proposed project cost includes the contingency funds. 23
24
Martin asked why the crosswalk is proposed in the manner it is. 25
26
Stremel stated that MnDOT provided input on the design, noting that there are two left 27
turn lanes for westbound traffic which would cause additional lanes to cross. He noted 28
that it would be a safer route to first cross Arrowhead. 29
30
Martin asked if the crosswalks should continue to the new trail. 31
32
Finke stated that the wiggle in the trail would be a good idea as there would not be a 33
gate for pedestrians and therefore causing a slowdown as people approach the tracks 34
would be a good thing. 35
36
Albers referenced the width of the median being added and asked if five feet is the 37
minimum. 38
39
Stremel confirmed that five feet is the minimum. He noted that signs will be placed on 40
the median and this width would be the minimum to provide a clear zone for vehicles. 41
42
Moved by DesLauriers, seconded by Pederson, to authorize preparation of final plans 43
and specifications and approve engineering services agreement with WSB for final 44
design and bidding services. Motion passed unanimously. 45
46
B. Hamel Fire Department Transition Group Study Request (Continued) 47
(8:12 p.m.) 48
Johnson noted that the open meeting law would apply to the full Fire Department Board. 49
He noted that this meeting would be two subcommittees, with two members from the 50
Fire Department Board and Council. 51
Medina City Council Meeting Minutes 8
August 7, 2019
1
Batty stated that if a body is subject to open meeting law, a committee of that Board 2
would still be subject to the open meeting law. He noted that his memorandum 3
addressed the issue of whether the meeting would be a City Council meeting. He stated 4
that his comments were in response to the comments of transparency from Anderson. 5
He stated that additional work will need to be done to determine if the meeting should be 6
subject to the open meeting law. He noted that his comments were based on his 7
assumption that the group was subject to the open meeting law. 8
9
Martin stated that there is a question of whether the committee of the Hamel Fire Board 10
would be subject to open meeting law and noted that also brought forward a question of 11
whether the other meetings that two Council members are apart of would also need to 12
be noticed. 13
14
Batty confirmed that is a basic issue that should be clarified. 15
16
Martin noted that Loretto has a Fire Department meeting in August and asked if she 17
could still attend as a representative of the City, awaiting an answer on this topic, and 18
whether there would be a difference in one or two Council members attending. 19
20
Batty noted that there would not be any difference in whether there are one or two 21
members present. He did not believe there would be an issue if Martin attended as an 22
interested party, noting that the issue would be to the degree that person is appointed. 23
24
VIII. CITY ADMINISTRATOR REPORT (8:18 p.m.) 25
Johnson referenced the wetland delineation and right of entry agreements for 26
Hackamore Road, noting that legal counsel has been working on that issue. 27
28
Batty stated that he was provided with a copy of what Corcoran was going to use on 29
their side and he was asked whether that is adequate for when consultants are on the 30
Medina side of the road. He stated that he provided a form as a sample that was used 31
on a previous Medina project. He noted that Finke updated the sample and he is 32
comfortable with the form as proposed. 33
34
Martin asked if this has been done on other projects. 35
36
Finke stated that right of entry forms are not uncommon. 37
38
Johnson confirmed direction from the Council to move forward with the right of entry for 39
property owners along Hackamore Road. 40
41
Moved by Martin, seconded by Anderson, to authorize City staff and the Mayor the 42
execute the right of entry documents with each landowner for the Hackamore Road 43
project. 44
45
Further discussion: Pederson asked if this project will be assessed. 46
47
Johnson replied that portions of this project would be assessed. He noted that there are 48
funds from developers for this project. 49
50
Anderson asked what would happen if the landowner refuses right of entry. 51
Medina City Council Meeting Minutes 9
August 7, 2019
1
Finke stated that if there is access, it would make the design easier. He noted that 2
assumptions can be made staying within the right-of-way, but it is important to get out of 3
the existing right-of-way to survey and attempt to improve the drainage. He noted that 4
most property owners along Hackamore would like help with the drainage problems. 5
6
Batty stated that these would essentially be temporary easements and in his experience 7
most people will sign the agreements. 8
9
Batty asked the policy of restoration for these projects. 10
11
Johnson stated that typically that would involve black dirt and seed. 12
13
Finke stated that if a fence is in the area, the fence would be removed, and the City 14
would prefer the homeowner to reinstall the fence if desired. 15
16
Batty stated that it seems that there is some gray area on the policy. 17
18
Martin proposed to amend the motion to further refine section 2C and 2D to limit the 19
liability to damage caused within property not subject to the right-of-way. Pederson 20
accepted the amendment. 21
22
Motion passed unanimously. 23
24
Johnson thanked the Police and Fire Departments and the Council members that visited 25
different Night to Unite parties the previous night. 26
27
IX. MAYOR & CITY COUNCIL REPORTS (8:33 p.m.) 28
No comments. 29
30
X. APPROVAL TO PAY THE BILLS (8:33 p.m.) 31
Moved by Anderson, seconded by Pederson, to approve the bills, EFT 005163E-32
005182E for $54,919.43 and order check numbers 049085-049160 for $588,008.79 and 33
payroll EFT 0509589-0509618 for $53,962.82. Motion passed unanimously. 34
35
XI. ADJOURN 36
Moved by Anderson, seconded by DesLauriers, to adjourn the meeting at 8:34 p.m. 37
Motion passed unanimously. 38
39
40
41
__________________________________ 42
Kathleen Martin, Mayor 43
Attest: 44
45
____________________________________ 46
Jodi M. Gallup, City Clerk 47
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: August 15, 2019
MEETING: August 20, 2019
SUBJECT: Brush Grinding and Compost Removal Contract
With the surge of solar energy and the lack of subsidies, the demand for biomass has been
reduced drastically, reducing the value. The city is now again incurring a cost to have the brush
chipped and removed. The city has previously had to pay to have the brush chipped in the past.
The subsidies the burn plants were receiving covered the cost of the grinding and hauling for the
past ten years. S & S Tree and Horticulture has provided the attached quote for grinding and
hauling brush and compost. The city was able to keep up with the compost years ago, but with all
the new residents and the increase in the quantity there is not enough time for it to break down or
enough places to dispose of it.
Medina agreed a few years back to partner with Loretto to avoid another dump site in or near
Medina. These expenses will be split with the City of Loretto and come from the environmental
fund.
The attached contract and quote are for brush grinding and compost removal. Based on last
year’s quantities we estimate the following costs:
Grinding and hauling brush 3000 yards @ 2.50 = $7,500
Removal of compost 1658 yards @ 4.00 = $6,632
Staff is requesting approval of the contract with S & S Tree and Horticulture.
Agenda Item # 5A
1
BRUSH GRINDING AND COMPOST REMOVAL SERVICES AGREEMENT
This Agreement is made this 20th day of August 2019, by and between S & S Tree and
Horticultural Specialists, 405 Hardman Ave S, South St Paul, MN 55075, a Minnesota corporation
(the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for brush grinding services and
compost removal; and
2. The City has approved the contract for brush grinding services and compost removal with
the Contractor; and
3. The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform brush grinding services and compost
removal for the City as directed by the Public Works Director.
2.0. TERM. The term and prices of this contract shall remain in effect from August 20th, 2019
until August 20th, 2020, or until such later date as may be mutually agreed upon.
3.0. COMPENSATION. The City shall compensate the Contractor at a rate of $2.50 per yard post
grind for grinding and hauling of tree debris and $4.00 per yard for removal of compost, which
includes mobilization, set up, and fuel needed to perform brush grinding services and compost
removal.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or subcontractor
who may perform services for the Contractor in connection with this Agreement is also not
an employee of the City. The Contractor understands that the City will not provide any
benefits of any type in connection with this Agreement, including but not limited to health or
medical insurance, worker’s compensation insurance and unemployment insurance, nor will
the City withhold any state or federal taxes, including income or payroll taxes, which may be
payable by the Contractor.
4.02 The Contractor will supply and use its own equipment and tools to complete
the services under this Agreement. The disposal site will be closed during grinding operations.
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
2
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City
from claims and liability for injury or damage to persons or property for all work performed by the
Contractor and its respective employees or agents under this Agreement. The Contractor shall name
the City as an additional insured under its commercial general liability policy in limits acceptable to
the City. Prior to performing any services under this Agreement, the Contractor shall provide
evidence to the City that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a
Payment and Performance Bond to the City at no additional cost to the City.
9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will,
in all respects, be controlled and governed by the laws of Minnesota.
10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City.
11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If
the contract is terminated early, the City will pay a prorated fee for the services performed to date in
that calendar year.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
3
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By ______________________________
Jodi M. Gallup, City Clerk
S & S Tree and Horticultural Specialists
(CONTRACTOR)
By ______________________________
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director, and Dusty Finke, Planning Director
DATE: August 13, 2019
MEETING: August 20, 2019
SUBJECT: Quad-City Agreement
Background
The City of Medina currently accepts sewage from Independence and Greenfield through our
sewer system along County Road 19 via the Tri-City Agreement. Medina has been working with
Independence, Greenfield, and Loretto in an effort to get the City of Loretto sewer ponds offline
and into the Metro system. This potential was identified and supported by Greenfield and
Independence in the second amendment to the Tri-city agreement in 2010. Abandoning the
sewer ponds is one of the primary improvements identified to improve water quality in the Lake
Independence TMDL, because the ponds discharge through a series of wetlands which flow to
Winterhalter Lake and ultimately Lake Independence.
Medina entered into a cooperative agreement earlier this year with the Met Council and will be
compensated for conveying the sewage for the other cities.
The cities have been working together on what is known as the Quad-City Agreement. This
agreement would allow Loretto to connect to Independence’s pipe which then flows into
Medina’s system. The Quad-City Agreement is also intended to address responsibilities beyond
the cooperative agreement and sets the maximum number of units from each city so as to protect
the capacity of the system.
Getting four cities to agree has been very challenging. The intent was to not change the terms for
Independence and Greenfield except as necessary, so that they would not feel that adding Loretto
made the deal worse for them. In fact, both cities requested additional units, and staff has
recommended allowing some additional units for both cities to encourage their cooperation. At
this time, staff has recommended 26 additional units for Independence (+10.7%) and 10
additional units for Greenfield (+17.5%).
Independence staff has supported the agreement with 26 additional units. Greenfield has
requested more units. Staff originally offered 7-8 additional units, but the Greenfield City
Council were hoping for 15 when staff attended their 8/7 meeting. The current draft includes 10
units as a compromise. It is not clear if Greenfield will accept this compromise. If Greenfield
refuses to agree to the Quad-City Agreement, the cities of Medina, Independence and Loretto
could enter into a separate agreement to allow Loretto to connect, because Greenfield does not
own any of the infrastructure downstream from Loretto. Staff hopes it does not come to that.
Agenda Item # 5B
Page 2 of 2
Staff Recommendation
The latest draft of the Quad-City Agreement is attached. Staff believes the staffs from each city
are in agreement, with the exception of the number of additional units for Greenfield.
The intent is for the cities of Medina, Independence and Greenfield to all act on the agreement at
their August 20 meetings. Loretto is scheduled to act at their September 10 meeting.
The language of the Quad-City Agreement has resulted from two previous amendments to the
original Tri-City Agreement and various comments from four cities on the current draft. Staff
has attempted to clean up some of the language to account for changes, but it is difficult to get
four parties to agree on language. Any adjustment to the language would need to be approved by
all four cities. As such, staff would recommend that changes be limited to more substantive
issues if possible.
Staff recommends the following action:
Move to approve the Quad-City Agreement, authorize the Mayor and Administrator to
execute, and direct staff to take appropriate actions to see to its implementation.
Attachment
Quad-City Agreement
1
MEDINA/INDEPENDENCE/GREENFIELD/LORETTO
QUAD-CITY AGREEMENT
THIS QUAD-CITY AGREEMENT is made and entered into this ______ day of _______________, 2019,
by and among the City of Medina, (“Medina”), the City of Independence (“Independence”), the City of
Greenfield (“Greenfield”), and the City of Loretto (“Loretto”), all Minnesota municipal corporations located
in Hennepin County, Minnesota (collectively, the “Quad-Cities”).
RECITALS
WHEREAS, Medina, Independence, and Greenfield (the “Tri-Cities”) entered into an agreement
(the “Original Tri-City Agreement”) on the 9th day of April, 1985, for the purpose of outlining the
conditions under which Independence had the right to install and connect sanitary sewer facilities to
Medina’s sanitary sewer system, and the Tri-Cities agreed to maintenance and service procedures and
cost sharing related thereto; and
WHEREAS, the Tri-City Agreement was amended by the First Amendment on the 5th day of April,
1994 and the Second Amendment on the 20th day of July, 2010 (as amended, the “Tri-City Agreement”);
and
WHEREAS, the Tri-City Agreement permits Independence and Greenfield to make certain
connections and discharge specified amounts of septate or sewage into Medina’s sanitary sewer
facilities; and
WHEREAS, Loretto has requested to connect its sanitary sewer system to the existing sanitary
sewer facilities described in the Tri-City Agreement; and
WHEREAS, the Tri-City Agreement contemplated the need for an amendment to accommodate
Loretto’s connection; and
WHEREAS, reimbursement for some operation and maintenance costs of the shared sanitary
sewer facilities will be made by the Metropolitan Council of Environmental Services (MCES); and
WHEREAS, in recognition of the foregoing, the Quad-Cities wish to enter into this new agreement
(the “Quad City Agreement”) and terminate the Tri-City Agreement.
NOW, THEREFORE, in consideration for the understandings and promises set forth herein, it is
mutually agreed by the Quad-Cities as follows:
AGREEMENT
SECTION I. DEFINITIONS. For the purpose of this Quad-City Agreement, the following words and
phrases shall have the meanings ascribed to them.
Subd. 1 Outlet Connection No. 1 is at the Medina lift station (LS-3) on the north end of Baker Park,
as shown on Exhibit A.
Subd. 2 Outlet Connection No. 2 is a point in the trunk line where Pipe E from Independence
connects with Pipe D4, as shown on Exhibit A.
2
Subd. 3 Greenfield Connection is the point where the Greenfield sanitary sewer collection system
connects with Pipe A, as shown on Exhibit A.
Subd. 3.1. Loretto Connection is the point where Pipe F connects the Loretto sanitary sewer system
to Pipe C-2, as shown on Exhibit A.
Subd. 4 Pipe A is the force main sewer, Independence lift station (LS-55) and appurtenances from
the south corporate limits of Greenfield along Lake Sarah Heights Drive, Sunset Lane and Town Line
Road to the intersection of Town Line Road and County Road 11, as shown on Exhibit A. Pipe A does
not include any individual services, individual pumps, individual septic tanks, any parallel lines which
directly serve individual properties, or any portion of Greenfield’s system.
Subd. 5 Pipe B is the force main sewer, lift stations, motors and appurtenances from South Lake
Sarah Drive, Woodhill Drive, Independence Road and County Road 11 to the intersection of County
Road 11 and Town Line Road, not including LS-5, as shown on Exhibit A.
Subd. 6 Pipe C-1 is the force main sewer commencing at the intersection of Town Line Road and
County Road 11 and then east on County Road 11 to the Loretto Connection at County Road 19, as
shown on Exhibit A. No individual services, individual pumps or individual septic tanks are connected to
Pipe C-1.
Subd. 6.1. Pipe C-2 is the force main sewer commencing at the Loretto Connection at the
intersection of County Road 11 and County Road 19, then south along County Road 19 to Outlet
Connection No. 1, as shown on Exhibit A. No individual services, individual pumps or individual septic
tanks are connected to Pipe C-2.
Subd. 7 Pipe D-1 includes the Medina lift station (LS-3) in Baker Park and the force main from the
lift station extending past the Air Release Manhole to a cleanout manhole as shown on Exhibit A. Pipe
D-1 consists of approximately 3700’ of 8” High Density Poly Ethylene (HDPE) pipe, portions were
installed in 1999 and 2001.
Subd. 8 Pipe D-2 is the force main extending from the cleanout manhole to Manhole 29 as shown
on Exhibit A. Pipe D-2 consists of approximately 1270’ of 8” Ductile Iron Pipe (DIP) and was installed in
1976.
Subd. 9 Pipe D-3 is the gravity line extending from Manhole 29 to Manhole 23 as shown on Exhibit
A. Pipe D-3 consists of approximately 1930’ of 8” Poly Vinal Cloride (PVC) pipe and was installed in
1976. Upon construction of Pipe D-4, the portion of Pipe D-3 north and east of Manhole 27 is proposed
to be abandoned by the MCES.
Subd. 10 Pipe D-4 is the future gravity line extension that will extend from Manhole 29 to Outlet
Connection No. 2 as shown on Exhibit A.
Subd. 11 Pipe D-5 is the gravity line extending from Outlet Connection No. 2 to Manhole 12 as
shown on Exhibit A. Pipe D-5 consists of approximately 3984’ of 10” PVC pipe and was installed in
1976.
Subd. 12 Pipe D-6 is the gravity line extending from Manhole 12 to the MCES Lift Station as shown
on Exhibit A. Pipe D-6 consists of approximately 2657’ of 15” concrete pipe and was installed in 1976.
Subd. 13 Pipe E is the force main sewer, lift stations and appurtenances commencing on South
Lakeshore Drive to Perkinsville Road and then east along Perkinsville Road to Outlet Connection No. 2,
as shown on Exhibit A.
3
Subd. 14 Pipe F is the force main sewer, lift station (LS-6) and appurtenances extending from
Loretto’s wastewater lagoons to Pipe C-2, as shown on Exhibit A. The connection from Pipe F to Pipe C-
2 is at the southwest corner of the intersection of County Road 19 and County Road 11.
Subd. 15 Independence Beach Lateral System is the sewer line and appurtenances connecting the
plat of Independence Beach, Hennepin County, and its environs, with the Medina lift station (LS-3).
Subd. 16 Maintenance and Operation Costs means all costs, including labor and materials, which
are necessary to maintain and operate a designated sanitary sewer line, lift station and related
improvements, as shown on Exhibit B.
Subd. 17 Independence Lateral System means the City of Independence sanitary sewer and
septate collection system.
Subd. 18 Lift Station Storage Modules means devices designed and installed for the purpose of
storing excess sewage or septate at lift stations.
Subd. 19. Quad-City System means, collectively, all facilities and elements of the sanitary sewer
systems of the Quad Cities described or listed in this Quad-Cities Agreement.
Subd. 20. Unit means a factor applied to a particular connection to the sanitary sewer system based
upon estimated expected sanitary sewer usage. Unit calculations are based upon MCES’s Sewer
Availability Charge (SAC) procedure manual where a single-family detached dwelling is equivalent to one
unit.
SECTION II. GRANT OF ACCESS/MAXIMUM ALLOWABLE DISCHARGE AND
CONNECTIONS.
Subd. 1. Medina grants to Independence, Greenfield, and Loretto the authority to discharge
septate and sewage into Medina’s sanitary sewer facilities, subject to the conditions described herein.
Subd. 2. Independence grants to Greenfield and Loretto the authority to discharge septate and
sewage into Independence’s sanitary sewer facilities subject to the conditions described herein.
Subd. 3. The maximum allowable discharge from the Greenfield Connection is 80 gallons per
minute (GPM) and 24,000 gallons per day from a maximum of 67 Units.
Subd. 4. The maximum allowable discharge from LS-5 into Pipe C shall not exceed 200 GPM
and 103,000 gallons per day from a maximum of 274 Units (254 single-family Units plus Vinland
National-20 Units) from Independence and 67 Units from Greenfield.
Subd. 5. The maximum allowable discharge from the Outlet Connection No. 2 is 80 GPM and
17,000 gallons per day from a maximum of 41 Units.
Subd. 6. The maximum allowable discharge from the Loretto Lift Station (LS-6) is 80 GPM and
111,000 gallons per day from a maximum of 385 Units (350 existing Units as of the date this agreement
+ maximum of 35 additional future Units).
Subd. 7. The location of Units in Greenfield and Independence which may connect to the Quad-
City System shall only be in locations as depicted in Exhibit C, attached hereto, unless explicitly
approved by Medina.
4
SECTION III. PAYMENT FOR THE COST OF CONSTRUCTION.
Subd. 1. Loretto shall pay one hundred percent (100%) of the cost to construct, reconstruct,
maintain, repair and use Pipe F, the Loretto liftstation (LS-6), and associated equipment.
Subd. 2. Pipe D-4 shall be constructed to bypass Pipe D-3 prior to Loretto connecting to Pipe C-
2. MCES has agreed to perform this project at no cost to the Quad-Cities and will own this pipe.
SECTION IV. MAINTENANCE AND OPERATION OF SEWER SYSTEMS.
Subd. 1. The MCES has agreed to reimburse Medina and Independence for the maintenance
and operation of certain portions of the Quad-City system through separate agreements. These
agreements are attached hereto as Exhibits D and E. Maintenance, operation, and replacement costs
which are not reimbursed by the MCES shall be paid for in accordance with this Section IV.
Subd. 2. Independence shall maintain and repair Pipes A, B, C-1, C-2, and E, including lift
stations LS-1, LS-2, LS-4, and LS-5 and associated equipment and appurtenances. Sharing of costs
which are not reimbursed by the MCES shall be in accordance with the formula set forth in Exhibit B.
Subd. 3 Medina shall maintain and repair Pipes D-1, D-2, D-3, D-5 and D-6, including the Medina
lift station (LS-3) and associated equipment and appurtenances. Sharing of costs which are not
reimbursed by the MCES shall be in accordance with the formula set forth in Exhibit B.
Subd. 4 Loretto shall maintain and repair Pipe F, including the Loretto lift station(LS-6) and
associated equipment and appurtenances.
Subd. 5. The services performed by each city on the sewer lines, lift stations and appurtenances
under their respective jurisdictions and subject to this Agreement shall include periodic inspection,
running time meter reading, maintenance and repair, including emergency repair where necessary to
keep the system operating. Excessive infiltration shall be repaired as soon as is feasible. All services
shall be performed by qualified personnel. The standards of performance for services performed under
this section shall be established and administered by the city responsible for such services. Costs for
salary, health insurance, worker’s compensation, PERA, income tax withholding, and other expenses
shall be borne by each city, respectively, for its employees.
Subd. 6. Medina is solely responsible for maintenance and replacement of the Independence
Beach Lateral System.
Subd. 7. The Quad-Cities shall each be responsible for surcharges from the MCES related to
excess inflow and infiltration (I/I) of their respective portions of the Quad-City System. If the MCES does
not allocate the surcharges for Greenfield at the Greenfield Connection and for Independence at Outlet
Connection No. 2, the Quad-Cities agree to allocate the surcharges based upon relevant meter readings.
The Quad-Cities will proactively inspect and monitor their portion of sanitary sewer systems for I/I and
promptly make improvements when excess I/I is identified.
5
SECTION V. METERING OF FLOW FROM PIPES A, B, C, and F; REPORTING
Subd. 1. Independence shall maintain flow meters at Outlet Connection #2. MCES has agreed to
maintain a flow meter for Independence at LS-5. Greenfield shall provide flow measurement at
Greenfield lift station #1 (LS-1). MCES has agreed to maintain a flow meter and provide flow
measurement at Loretto lift station #6 (LS-6). Greenfield shall supply Independence these sewage flow
records within five days after the end of each calendar quarter. Independence shall furnish to Medina
sewage flow records from Outlet Connection #2 within 10 days after the end of each calendar quarter.
Medina shall have access to flow records for the Quad-City System from the MCES.
Subd. 2. Medina, Independence, Loretto, and Greenfield shall pay to the MCES their respective
shares of user fees based on the measured flows.
SECTION VI. ARBITRATION.
Any controversy or claim arising out of or related to this Quad-City Agreement or the breach thereof shall
be settled between or among the members of the Quad-Cities in disagreement in the following matter:
Subd. 1. The disagreement shall first be submitted to the city administatrators of the Quad-Cities
in disagreement for settlement. Any settlement shall be binding on the parties upon approval of the
settlement by the city councils of the Quad-Cities in disagreement.
Subd. 2. If any party determines that settlement cannot be reached pursuant to Subdivision 1, it
may request arbitration by serving a request for arbitration on the other party or parties, by certified mail,
together with a clear and concise statement of the claim or controversy and the name of one arbitrator.
Subd. 3. Within twenty (20) days after request for arbitration, the other party or parties shall each
name an arbitrator and inform the requesting party. If only two arbitrators have been named, the
arbitrators shall then select an additional arbitrator within 10 days of service of notice of selection of the
second arbitrator. In the event of the failure to appoint any of the arbitrators, application can be made,
without legal process, by any party for appointment thereof by the Chief Judge of the Hennepin County
District Court. All arbitrators shall be knowledgeable in municipal affairs.
Subd. 4. Arbitration procedures and other matters not specifically set forth herein shall be
governed by Chapter 572B of Minnesota Statutes, as amended. The fees and expenses of arbitration
(excluding attorney fees, engineering fees and expert witness fees) shall be divided equally between or
among the parties. An arbitration hearing shall be held at a location convenient to the parties within 20
days after appointment of the final arbitrator, and may be continued from time to time thereafter. The final
decision of the arbitration panel shall be in writing, may be rendered by a majority of the arbitrators, shall
be served by certified mail on all parties within 30 days of the submission of all evidence, and shall be
final and binding on the parties hereto. Any party may make application for confirmation of the arbitration
award and entry of judgment thereon in accordance with Chapter 572B of Minnesota statutes.
Subd. 5. Any Quad-City not party initially to a dispute may become party to the arbitration
proceedings outlined herein if, at time prior to a final settlement, it determines that its interests are at
stake and may be adversely affected by the arbitration.
SECTION VII. EFFECTIVE DATE AND TERMINATION.
Subd. 1. This Quad-City Agreement shall take effect upon approval by all of the parties’ city
councils. This Quad-City Agreement shall continue until canceled by mutual agreement of the parties or
6
until the sum of the combined flows exceeds the capacity of the system. If the combined flows exceed
the system’s capacity, Medina shall serve written notice giving Independence, Loretto, and Greenfield a
minimum of two years to: (i) make other provisions for sanitary sewer service, or (ii) reduce the combined
flow to match the system’s capacity, or (iii) increase the system’s capacity to accept the additional flow.
Subd. 2. If the combined flows exceed the system capacity, Loretto, Independence, and
Greenfield each shall pay an amount in proportion to their respective flows for any improvement deemed
necessary by Medina to increase said capacity.
Subd. 3. If the combined flows exceed the system capacity, Medina shall grant to Independence,
Loretto, and Greenfield the right and authority to construct the facilities necessary for the chosen
alternative outlined above within rights-of-way and easements within the corporate boundaries of
Medina.
SECTION VIII. INSURANCE.
Subd. 1. Each party shall maintain commercial general liability insurance coverage for bodily
injury and property damage in connection with the operation and maintenance of the portion of the Quad-
City System for which each is responsible according to this Quad-City Agreement. No party to this
Quad-City Agreement shall be liable to any other party for the other’s negligent actions or failure to act.
In the event that a damage claim is paid or becomes payable under any city’s insurance policy, or in
excess thereof, the question of contribution of any party shall be based upon relative fault and any
disagreement regarding the amount of contribution is subject to the arbitration provisions hereof. Under
no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any
amount in excess of the limits on liability established in Minnesota Statutes Ch. 466, applicable to any
one party.
SECTION IX. FLOW INTERRUPTION.
During periods of emergency, Medina and Independence have the right to shut down upstream lift
stations until the downstream emergency is resolved. The shut down shall be coordinated on a case by
case basis by those cities’ public works staff. Shut downs for routine maintenance may be for periods of
up to 8 hours by giving one week notice to the upstream cities. Longer periods of shut down require a 30-
day notice.
SECTION X.
This Quad-City Agreement supersedes and replaces the Tri-City Agreement.
IN WITNESS WHEREOF, the parties have authorized and executed this Quad-City Agreement
on the dates noted on each of the following signature pages.
7
Date: _______________ , 2019.
CITY OF MEDINA
Kathleen Martin, Mayor
ATTEST:
Scott Johnson, City Administrator
8
Date: __________ , 2019.
CITY OF INDEPENDENCE
Marvin D. Johnson, Mayor
ATTEST:
Mark Kaltsas, City Administrator
9
Date: ___________ , 2019.
CITY OF GREENFIELD
Brad Johnson, Mayor
ATTEST:
Margaraet Webb, City Administrator
10
Date: ________________________, 2019.
CITY OF LORETTO
Kent Koch, Mayor
ATTEST:
Mary K. Schneider, City Clerk-Treasurer
!(
«LS
!(
!(")!(!(
!(
«LS
")
«LS
")
«LS
«LS
!(Pipe E
Pipe C1
Pipe C2
Cleanout Manhole
MCES LiftStation MH12
MH22
MH2 3
OutletConnectionNo. 2 (MH 23a)
MH29
Air ReleaseManhole
OutletConnectionNo. 1LS-3
LS-5
Gree nfieldConnectionLS-1
LS-2
LS-4
Loretto L if t Sta tionLS-6
LorettoConnection
MH27
Pipe D5
PipeD2
Pipe D 6
P i p eD3
P
i
p
e
D
1
Pipe B
Pipe A
P i p eD4
Pipe F
CorcoranGreenfield
Independence
Loretto
Maple Plain
Medina
Orono
¾¾Ç55
£¤12
456719
456711
456783
456724
456729
456790
4567115
4567201
Budd Ave
CSAH 19
L
a
k
e
s
h
o
r
eAve
CSAH 90
W Main St
Pagenkopf Rd
E Main St
S L a k e Sarah D r
CSAH 11
Chippewa RdSunsetLa
Budd St
Tu rn e r Rd
W o o d h i l l L a
Pioneer Tr
CSAH 24
Becker Rd Inde
pe
nde
nce
Rd
Hamel Rd
Townline Rd
La ke SarahH
e
i
g
h
tsDr
H
o
m
e
s
t
e
a
d
Tr
TomahawkTr
Q u a a s C uto ff R d
Fo gl eman R d
Ihduhapi Tr
QUAD CITY AGREEMENT
Sanitary Sewer Exhibit A
3,250 0 3,2501,625
Feet
±
Path: L:\0846\0846-0011\mxd\Sanitary Sewer.mxdDate: 8/14/2019 Time: 3:12:13 PM User: BerK A1064
JUL 2019
Leg en d
Municipal Boundaries
Proposed Sanitary Sewer
Existing Sanitary Sewer
!(Manhole
")Connection
«LS Lift Station
!(
!(
")
!(
!(
!(
MH22
MH23
OutletConnectionNo. 2 (MH23a)
MH27
MH29456719
DrakeSt
CSAH 19
Sycamore Tr
P i p e D 2
Pipe D5
Pipe E
Pipe D3
Pipe D4
Segment Units %Units %Units %Units %
A 0 0.0%104 60.8%67 39.2%0.0%
B 0 0.0%144 100.0%0 0.0%0 0.0%
C-1 0 0.0%274 80.4%67 19.6%0 0.0%
F 0 0.0%0 0.0%0 0.0%385 100.0%
C-2 0 0.0%274 37.7%67 9.2%385 53.0%
D-1 239 24.8%274 28.4%67 6.9%385 39.9%
D-2 239 24.8%274 28.4%67 6.9%385 39.9%
D-3 26 100.0%0 0.0%0 0.0%0 0.0%
E 0 0.0%41 100.0%0 0.0%0 0.0%
D-5 265 25.7%315 30.5%67 6.5%385 37.3%
D-6 504 39.7%315 24.8%67 5.3%385 30.3%
* Units indicated equal sum of eixsting and proposed.
Medina Independence Greenfield Loretto
Exhibit B
Cost Sharing Formulas
Metropolitan Council No. 181005
COOPERATIVE AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF MEDINA
THIS AGREEMENT is made and entered into by and between the Metropolitan Council, a public corporation and
political subdivision of the State of Minnesota ("Council"), and the City of Medina, a municipal corporation under
the laws of the State of Minnesota ("Medina").
BACKGROUND RECITALS
1. The Minnesota Pollution Control Agency has issued NPDES/SDS Permit No. MN0023990 to the City of
Loretto for its wastewater treatment plant with the requirement to cease discharge and connect to the
regional wastewater system by December 31, 2020.
2. Medina operates the trunk sanitary sewers and appurtenances under an agreement, known as the Tri-
City Agreement, amongst the cities of Medina, Independence and Greenfield.
3. The Council has agreed to provide wastewater service to Loretto by December 31, 2020. The Council has
included this service extension in the Wastewater System Plan chapter of its 2040 Water Resources Policy
Plan.
4. The Council has future plans to expand its service area in the Western Metro Area, including the City of
Loretto when sufficient growth occurs in the cities of Medina and Corcoran. Until then, the Council desires
and Medina agrees to use Medina's existing wastewater system to provide sewer service to Loretto.
5. The Council has determined that service to Loretto can best be provided by Medina's system and facilities
on behalf ofthe Council, pursuant to Minnesota Statutes§ 473.504, subdivision 12.
6. In order to provide service to Loretto, a portion of the Medina sewer system needs to be upgraded as
described in Article I{B). Medina and the Council agree that the Council will design and construct this
upgrade between 2019 and 2020.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged by the
parties, the parties agree as follows:
I. Council Responsibilities
A. The Council shall reimburse Medina for all costs to operate, maintain, and conduct major repairs on
the sanitary sewer system serving the communities of Medina, Independence, Greenfield, and Loretto
(the "System") as described in Exhibit A and Exhibit Band as set forth in this Agreement.
B. The Council shall construct a new 20" gravity pipe near Sycamore Trail, as shown in Exhibit A, prior to
provision of sanitary sewer service to the City of Loretto. Such 20" gravity pipe shall be owned by the
Council.
C. The Council shall install and operate meters to measure sanitary sewer flows entering the System at
Medina Lift Station LS-1 from the north from Independence/Greenfield and from Loretto and shall
monitor and assign proportionate responsibility for inflow and infiltration into the System from each
community.
1
Metropolitan Council No. 181005
D. The Council acknowledges that any proposed future sewer extension which flows to the System shall
be subject to review and approval under the agreement amongst the cities of Medina, Independence,
Greenfield and loretto prior to construction.
II. City Responsibilities
A. Medina shall operate and maintain the sanitary sewers and appurtenances shown in Exhibit A to
ensure reliable conveyance of wastewater. This responsibility includes routine operation and
maintenance, as well as major repairs as defined in Article Ill( B).
B. Medina shall locate any sanitary sewer facilities as required by the Gopher State One-Call system.
C. Medina shall be responsible for the operation and maintenance of the new Council 20" gravity pipe
near Sycamore Trail, as shown in Exhibit A. No connections may be added to this pipe without prior
express written consent from the Council. Medina shall be responsible for any locates required by
Gopher State One-Call for the 20" gravity pipe.
D. Medina shall provide all labor, materials, supplies, tools, and equipment necessary for the
performance of all work required to be performed by Medina by or under this Agreement.
E. Medina agrees that any work performed by Medina or under Medina's supervision under this
Agreement will be performed in a good and workmanlike manner and will be compliant with all
applicable federal and state laws and regulations and all applicable local rules and ordinances.
F. Medina shall provide the Council full access to Medina's lift stations or other locations as requested
by the Council.
G. Medina shall promptly notify the Council when any major repairs as described in Article III(B) of this
Agreement are required to the System.
Ill. Costs
A. Operation and Maintenance Costs
i. As further set forth below, the Council agrees to pay Medina an annual payment for operation
and maintenance of the System. The operation and maintenance payment shall be $25,090.00
per year plus inflationary increases based on the CPI increases from and after November 2017, as
defined in Article III(A)(iii) and as shown in Exhibit B. The first annual payment shall be invoiced
during January 2021, or during January of the calendar year after loretto has connected to the
System, whichever occurs first.
ii. On every January 1 for the Term of this Agreement, the Council's annual payments set forth in
Article III(A)(i) will be adjusted to reflect changes in the Consumer Price Index (CPI) as set forth in
Article III(A)(iii), but in no case shall the Council's annual payments increase less than 1.5% from
the previous year.
2
Metropolitan Council No. 181005
iii. The annual adjustment of the Council's payment will be set at an amount equal to the dollar value
established for the year just concluded multiplied by a fraction, the denominator of which is the
CPI for the November of the year prior to the immediately preceding Inflation Adjustment Date
and numerator of which is the CPI for the November of the most recently concluded year. The
foregoing notwithstanding, a dollar value shall not be reduced from year to year. For purposes of
this Agreement, "CPI" shall mean the Consumer Price lndex-U, U.S. City Average, All Items -less
food and energy, Not Seasonally Adjusted, index base period (1982-84=100) as published by the
United States Department of Labor, Bureau of Labor Statistics. In the event such index is
discontinued, comparable statistics in the purchasing power of the consumer dollar, as published
at the time of said discontinuance by a responsible financial authority, shall be selected upon
agreement between the Council and Medina and shall be used prospectively in lieu of such index.
B. Major Repairs
Major repairs include non-routine maintenance work to restore or ensure continued operations that
have a cost for an individual occurrence that exceeds 10% of the annual routine operations and
maintenance cost. The cost of major repairs will be reimbursed by the Council in addition to the costs
identified in Article III(A).
IV. Method of Payment
A. Operation and Maintenance Costs
Medina shall submit to the Council, no later than January 31 51 of each year, an invoice for the annual
operation and maintenance payment for the previous year. Each statement shall set forth the
following information:
1. The Agreement number (181005).
2. The amount of the annual operation and maintenance payment as adjusted using the CPI per
Article III(A){iii).
Upon receipt, the Council shall verify the CPI and pay Medina the invoiced amount within 45 days for
annual operation and maintenance costs per Article III(A).
B. Major Repairs
Medina will submit an invoice for major repairs within a reasonable time oft he work being completed.
Medina's invoice shall itemize costs for labor (which may include reimbursement rates of Medina
personnel), materials, and/or contracted services. Upon receipt, the Council shall pay Medina the
invoiced amount within 45 days for major repairs per Article III(B).
C. At the end ofthe Term of this Agreement or in the event this Agreement is terminated early, Medina
shall submit to the Council a final invoice and a request for payment of the sums then owing. The final
invoice must include the following certification, signed by an authorized representative of Medina:
The undersigned represents that payment of this request for payment to Medina
constitutes completion of the work agreed upon pursuant to this Agreement and
acknowledges that Medina shall be responsible to reimburse the Council for any
3
Metropolitan Council No. 181005
payments due to the Council as a result of an audit.
Except as provided in the next-following sentence, the Council shall pay the final invoice upon the
Council's review, approval, and acknowledgment of satisfactory completion of the work, which shall
not be unreasonably withheld.
D. The Council is not obligated to pay Medina for any work that is inconsistent with the terms of this
Agreement or is performed in violation of federal, state, or local law, ordinance, rule, or regulation.
E. To the extent that it believes any costs are not covered by this Agreement or have not been
adequately supported with appropriate supporting documentation, the Council reserves the right to
contest such costs in accordance with the dispute resolution process outlined in Article IX(J) and such
other remedies as provided for herein.
V. Maximum Total Compensation
Notwithstanding any other provision in this Agreement, the maximum total compensation by the
Council paid to Medina under this Agreement shall not exceed $1,054,671 as set forth in Exhibit B.
Operation and maintenance expenses or major repair expenses may exceed the amounts described in
Exhibit B provided the total compensation does not exceed $1,054,671. In the event the maximum total
compensation amount is projected to be exceeded before the Term of this Agreement has expired,
Medina and the Council shall negotiate, in good faith, a written amendment to this Agreement.
VI. Insurance
The parties agree that the Council shall not be responsible or liable in any manner for any claim,
demand, action or cause of action of any kind arising out of Medina's performance or failure to
perform the work required and within the scope of this Agreement or arising out of Medina's
performance or failure to perform such work by any contractor of Medina performing any of the
work provided herein.
Medina shall maintain general liability insurance in an amount no less than the limits of Minnesota
Statutes, Chapter 466. Such insurance shall list the Council as an additional insured, on a primary and
non-contributory basis, utilizing ISO CG ISO CG 20 26 07 04 and ISO CG 20 37 07 04 or their equivalent.
The policy shall not contain an exclusion for losses related to wastewater.ln lieu of an insurance policy,
Medina may self-insure, provided that the Council is afforded the equivalent protections as if an
insurance policy was procured. The Council will determine whether Medina's proposed self-insurance
constitutes equivalent protections to a policy of insurance.
VII. Term
A. This Agreement shall begin upon its execution by both parties but shall be contingent upon
execution of a separate agreement amongst the cities of Medina, Independence, Greenfield, and
Loretto regarding the operation of the System. Medina may terminate this Agreement by written
notice to the Council if such agreement amongst the cities is not executed prior to September 30,
2019.
B. This Agreement shall terminate upon the Council providing wastewater services by constructing
4
Metropolitan Council No. 181005
Council-owned facilities or acquiring Medina-owned facilities. The parties anticipate that the
Council will provide such services pri or to December 31, 2040. The parties agree to negotiate, in
good faith, a written amendment to this Agreement if it appears that the Council will not do so
prior to such date. At least two years prior to termination of this Agreement, the Council will notify
Medina of its intent to provide continued wastewater services .
VIII . Property Acquisition
When the Council notifies Medina of its intent to provide wastewater services in place of the System,
and if the Council desires to acquire city-owned facilities in accordance with Minnesota Statutes §
473.511, Medina will cooperate in good faith to transfer ownership of the sanitary sewer systems,
appurtenances, and all related easements, permits, and rights of way to the Council at no additional
cost.
IX. General Provisions
A. This Agreement shall not be assigned by either party without the prior written consent of the other
party, which consent shall not be unreasonably w ithheld or delayed .
B. The laws of the State of Minnesota shall govern all interpretati ons of this Agreement, and the
appropriate venue and jurisdiction for any litigation which may a rise hereunder will be i n those courts
located within the County of Ramsey , State of Minnesota.
C. Medina ag ree s t o keep and main t ai n, du ri ng t he pe rform ance of t his Agreemen t and a period of six
(6) years following, records and files relating to the final financial aspects of this Agreement and
further agrees to allow the Council or designated federal or state personnel to enter on Medina's
premises after reasonable notice to inspect, copy and audit the above records, files, and premises. As
required by Minnesota Statutes§ 16C.05, the records, books, documents, and accounting procedures
and practices of Medina and of any subcontractor relating to work performed under this Agreement
shall be subject t o audit and examination by the Council and the Minnesota legislative Auditor or
Minnesota State Auditor. Upon reasonable notice, Medina and any subcontractor shall permit the
Council or its designee to inspect, copy, and audit its accounts, records, and business documents at
any time during regula r business hours as they may relate to the performance of this Agreement.
D. It is understood and agreed that the entire Agreement between the parties is contained herein and
that th is Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof. All exh ibits referred to in t his Agreement are incorporated or attached and
are deemed to be part of this Agreement .
E. Any amendment to this Agreement must be in writing and will not be effective until it has been
executed by the parties' authorized representatives .
F. The provisions of this Agreement are to be considered as severable , and in the event that any
provision is held to be invalid or unenforceable, the parties intend that the remaining provis ions will
remain in full force and effect.
G. The parties will comply w ith the M i nnesota Government Data Practices Act, Minnesota Statutes,
Chapter 13 , as it applies to all data created , collected, received , stored , used, maintained , or
5
Metropolitan Council No. 181005
disseminated in accordance with this Agreement. The civil remedies of Minnesota Statutes § 13.08
apply to the release of the data referred to in this section by either party.
H. The Council and Medina agree to comply with all applicable state and federal laws and regulations
and all applicable local ordinances and rules. This includes but is not limited to laws and regulations
relating to nondiscrimination, affirmative action, public purchases, contracting, employment,
workers' compensation, surety deposits required for construction contracts, and prevailing wage
rates.
I. Medina shall comply with Minnesota Statutes § 471.425 on 11Prompt Payment of Local Government
Bills" and any other applicable law on prompt payment of local government bills.
J. The parties will use this dispute resolution process for any unresolved contract dispute between the
parties before seeking any legal or equitable remedies. The dispute resolution process is a two-level
dispute resolution ladder that escalates a dispute from the project management level to the executive
management level. At Levell ofthe dispute resolution process, the parties' representatives will meet
and explore resolution until either party determines that effective resolution is not possible at the
current level and notifies the other party that the process is elevated to the next level. The parties
designate the following dispute resolution representatives:
City of Medina Representative Metropolitan Council
(Medina) Representative (Council)
I Levell Public Works Director Assistant General Manager, I Technical Services
level2 City Administrator General Manager,
Environmental Services
K. If Medina materially breaches the terms, covenants, or conditions which this Agreement requires
Medina to perform, the Council will notify Medina of the breach within a reasonable time after the
Council becomes aware of the breach. Medina will then be given a reasonable time period to cure the
breach. If the breach is not cured within 90 days, or as reasonably extended to account for weather
conditions or unavoidable delays, then Medina and the Council will meet in good faith to discuss the
breach and the measures taken to remedy it. If the dispute resolution between the Council and
Medina does not result in a cure or a plan to effect a cure that is satisfactory to the Council, the Council
may pursue any remedy that it deems appropriate, including, but not limited to, seeking damages,
specific performance, equitable relief, or termination of this Agreement. If circumstances dictate that
the breach must be cured immediately, and the Council is obliged to cure the breach, Medina will
reimburse the Council for the reasonable costs of effecting the remedy. The Council retains the right
to collect any damages from Medina that occurred as a result of Medina's breach.
L. If the Council materially breaches the terms, covenants, or conditions which this Agreement requires
the Council to perform, Medina will notify the Council of the breach within a reasonable time after
Medina becomes aware of the breach. The Council will then be given a reasonable time period to cure
the breach. lfthe breach is not cured within 90 days, or as reasonably extended to account for weather
conditions or unavoidable delays, then the Council and Medina will meet in good faith to discuss the
breach and the measures taken to remedy it. If the dispute resolution between Medina and the
Council does not result in a cure or a plan to effect a cure that is satisfactory to Medina, Medina may
6
Metropolitan Council No . 181005
pursue any remedy that it deems appropriate, including, but not limited to, seeking damages, specific
performance, equitable relief, or terminating this Agreement. If circumstances dictate that the breach
must be cured immediately, and Medina is obliged to cure the breach, the Council will reimburse
Medina for the reasonable costs of effecting the remedy. Medina retains the right to collect any
damages from the Council that occurred as a result ofthe Council's breach.
M . Any notice or demand which must be given o r made by a party under this Agreement shall be sent to:
Metropolitan Council :
City of Medina:
Jeannine Clancy or her successor
Assistant General Manager, Technical Services
390 Robert Street North
St. Paul, MN 55101
jeannine.clancy@metc.state .mn.us
Scott Johnson or his successor
City Administrator
2052 County Road 24
Medina, MN 55340
scott.johnson@medinamn.gov
IN WITNESS WHEREOF , the parties have caused this Agreement to be executed on their behalf respectively by
their duly authorized r epresentatives . This Agreement is effective on the date this Agreement is signed by the
Council 's authorized representative .
Its : _--!..!R.:::Jegc.!i""-o:..::na,I_,_A""d'Tm""i.:..:.n ·:..::.ISt""r,at::..::o:..:..r _____ _
Date : --""-0 :.....,1 ;;'---'--'-7 _,/;_h,.J<....:>.!-L-1 +9 ___ _
1 I
CITY OF MEDINA
By : -:;;:=:? ....
Its : Mayor
Date: t ~!ct l!t
By: _Uf{~
Its : Cit y Administrator
Date: I yhri/ct
I I
7
Exhibit A
20"FRP
Gravity Pipe
2000LF
•
Baker
Park
i._ MEDINA LS-1
.,:.,. (2 Pump Submersible
· · Lift Station)
.. ,
~
.J
••
N
A
LEGEND
• Lift station
1 • 1 Medina owned, maintained
and operated
(to be leased by MCES)
MCES constructed
(to be operated and
maintained by Medina)
1 • 1 Medina existing pipe
• Existing Medina manholes
Acronyms
HOPE: High-Density Polyethylene
FRP: Fiberglass Reinforced Plastic
DIP: Ductile I ron Pipe
RCP: Reinforced Concrete Pipe
Exhibit B
Operations and Maintenance Costs
Items Annual Cost
Xcel Power $3,420.00
Frontier Phone Line $663.00
W/H Security $396.00
Generator Maintenance $1988.00
Generator Load Test (performed every 2 years @$435) $217.50
Annual Lift Station Inspection $250.00
Pipe Inspections (Monday, Wednesday, Friday-3 hrs/week) $10,140.00
Pumps and Impellers $5,000.00
Sewer Line Cleaning/Televising (every 5 years @ $10,000} $2,000.00
Additional Power Cost for Loretto Flow (30% more flow)* $1009.00
Total $25,084
Note: 30% additional flow was calculated using 261 gpm of existing flow at Medina Lift Station LS-1 and
77 gpm of Loretto flow.
Projected Annual Payments
CPI*
Annual 2017 costs (rounded) 3 $25,090
2018 3 $25,842.70
2019 3 $26,617.98
2020 3 $27,416.52
Yearly Payment
Start of Yearly Payment (Rounded)
2021 Year 1 3 $28,239.02 $28,239
2022 Year2 3 $29,086.19 $29,086
2023 Year3 3 $29,958.77 $29,959
2024 Year4 3 $30,857.54 $30,858
2025 YearS 3 $31,783.26 $31,783
2026 Year6 3 $32,736.76 $32,737
2027 Year7 3 $33,718.86 $33,719
2028 YearS 3 $34,730.43 $34,730
2029 Year9 3 $35,772.34 $35,772
2030 Year10 3 $36,845.51 $36,846
2031 Year 11 3 $37,950.88 $37,951
2032 Year 12 3 $39,089.40 $39,089
2033 Year 13 3 $40,262.08 $40,262
2034 Year 14 3 $41,469.95 $41,470
2035 Year 15 3 $42,714.05 $42,714
2036 Year 16 3 $43,995.47 $43,995
2037 Year 17 3 $45,315.33 $45,315
2038 Year 18 3 $46,674.79 $46,675
2039 Year 19 3 $48,075.03 $48,075
2040 Year20 3 $49,517.29 $49,517
Total $758,792
Note: 3% annual inflation rate assumed for purpose of establishing total agreement amount.
Maximum Agreement Costs
Total Annual Costs $758,792
Allowance (Annual major improvements) ~200,000
Total Agreement Costs $958,792
10% Contingency S9s,S79
TOTAL $1,054,671
To be typed on City of Medina letterhead
Acknowledgement of Financing and Written Agreement
The undersigned Official of the City of Medina (hereinafter referred to as “Municipality”) hereby acknowledges
that the Hamel Volunteer Fire Department Incorporated plans to enter into an Agreement to finance equipment
consisting of one (1) new Rosenbauer Heavy Duty Non Walk-In Rescue on F-550 Chassis which will be located at
the fire station of the Hamel Volunteer Fire Department Incorporated. I further acknowledge that pursuant to the
Agreement, the Hamel Volunteer Fire Department Incorporated has agreed to indebtedness in an aggregate
principal amount not to exceed $205,281.00 to purchase the equipment. The Municipality is not a party to the
Agreement and is not financially liable for the debt of the Hamel Volunteer Fire Department Incorporated.
The Municipality acknowledges that the Hamel Volunteer Fire Department Incorporated has a written agreement
with the Municipality to provide fire protection and other services for the Municipality. The written agreement
does not obligate the Municipality to pay any portion of the principal of or interest on the indebtedness incurred
by the Hamel Volunteer Fire Department.
Dated as of August 20, 2019
City of Medina
______________________________
Signature of Mayor Kathleen Martin
_______________________________
Name and Title
Agenda Item # 5C
TO: City Administrator Scott Johnson and City Council
FROM: Director Edgar J. Belland
DATE: August 16, 2019
RE: Robert Belzer and Family Donation
On August 6, 2019, Robert Belzer made a donation to the City of Medina in the amount of
$150.00. This was for the recognition of staff time for Night to Unite. He asked that the
donation be divided, $50.00 to Administration, $50.00 to the Police and $50.00 to the Fire
Department.
I would ask the Medina City Council to accept the donation for future equipment for all three
departments. The funds would go into the CIP fund which funds equipment for all three
departments, and direct staff to write a thank you letter to Mr. Belzer for his donation.
MEMORANDUM
Agenda Item # 5D
Resolution No. 2019-
August 20, 2019
Member _____ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2019-
RESOLUTION ACCEPTING DONATION FROM
ROBERT BELZER AND FAMILY
WHEREAS, Robert Belzer and Family have generously offered to donate $150.00 (the
“Donation”) to the city of Medina (the “City”); and
WHEREAS, the Donation was made in recognition of staff time for Night to Unite; and
WHEREAS, Robert Belzer and family have asked that the donation be divided, $50.00 to
Administration, $50.00 to Police, and $50.00 to Fire; and
WHEREAS, the Donation will be dedicated towards the Capital Improvement Plan which
covers equipment funds for all three departments; and
WHEREAS, the City wishes to accept the Donation and express its gratitude to Robert
Belzer and Family for their generosity.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota that the City accepts the Donation and thanks Robert Belzer and Family.
Dated: August 20, 2019.
_______________________________
Kathleen Martin, Mayor
ATTEST:
___________________________________
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member _______
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 201 9-XX
August 20, 2019
Member ______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2019-XX
RECOGNIZING JENNIFER ALTENDORF FOR FIVE YEARS
OF SERVICE TO THE CITY OF MEDINA
WHEREAS, Jennifer Altendorf has been a valued full time City of Medina employee in the
Finance Department of the City since August 25, 2014; and
WHEREAS, Jennifer has served as the Accounting Technician and Accountant for the City
of Medina for five years; and
WHEREAS, Jennifer ’s thorough work dedication each year has resulted in vital
contribution to the annual financial audit; in its preparation and completion and is an integral part to
segregation of duties within the department.; and
WHEREAS, Jennifer serves as the City’s primary utility billing contact and offers
exceptional customer service daily helping residents with questions, concerns and issues in a calm
and respectful manner; and
WHEREAS, Jennifer monitors the invoice coding of all City bills from each department
within the City, ensuring City expenditures are expensed from the appropriate budgeted line item;
and
WHEREAS, Jennifer maintains payroll and is trained in payroll compliance, as well as
sales and use tax compliance; and
WHEREAS, Jennifer has demonstrated initiative by seeking out cost saving measures for
the City and continually strives to update daily processes to be more efficient; and
WHEREAS, Jennifer is always willing to assist other departments when needed and has
provided tremendous support during busy election seasons by issuing absentee ballots and helping
with voter registration questions; and
WHEREAS, the City of Medina expresses sincere gratitude for Jennifer’s dedication and
continued service to the Medina community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
acknowledges and thanks Jennifer Altendorf for five years of service to the community.
Dated: August 20, 2019.
Agenda Item # 7A
Resolution No. 201 9-XX
August 20, 2019
2
Kathleen Martin, Mayor
ATTEST:
Jodi Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member ______
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
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
obligat ions 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 cost s of the acquisition, construction, and equipping by the Borrower of
appr oximately 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”), whi ch 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 # 8A
601928v3BL405-27 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 August 7, 2019, the City Council opened a public hearing a public hearing on the
Project, the Housing Program, and the issuance of the City Note and continued the public hearing to
August 20, 2019. On the date hereof, the City Council conducted the public hearing. 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 the meeting of the City Council on August 7, 2019. 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 banking 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.
601928v3BL405-27 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 sta tutory 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
inter ests 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.
601928v3BL405-27 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
601928v3BL405-27 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 c ontained 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 cont ained 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 provid ed, nothing in this resolution or in the
aforementioned documents expressed or implied, is int ended 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 is suance 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, a nd 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 pers ons 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
601928v3BL405-27 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 amou nt 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 Cit y Council of the City of Medina , Minnesota, this 20th day of August, 2019.
Mayor
Attest:
City Clerk
Agenda Item 8B
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
Planning Department Update Page 1 of 2 August 20, 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 15, 2019
SUBJ: Planning Department Updates – August 20, 2019 City Council Meeting
Land Use Application Review
A) 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 held a public hearing on August 13, 2019 and recommended
approval. Staff intends to present to the City Council on September 3.
B) 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 legal
description submitted by the applicant claims adjacent right-of-way has been vacated, and
staff has requested that the applicant correct the information. The applicant has not
provided updated information. Staff intends to present at the August 20 meeting.
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) Mark of Excellence Comp Plan Amendment, PUD Concept Plan – east of Mohawk Drive,
north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested a Comp Plan
Amendment and PUD Concept Plan for development of 76 twinhomes, 41 single-family,
and 32 townhomes on the Roy and Cavanaugh properties. Staff is conducting a preliminary
review and the item will be scheduled for a public hearing when complete, potentially at the
September 10 or October 8 Planning Commission meeting.
E) 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.
F) 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
Planning Department Update Page 2 of 2 August 20, 2019
City Council Meeting
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.
G) 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 Council granted final plat approval at the August 7
meeting and staff will work with the property owner on recording the plat.
H) 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
feet to 30 feet. The applicant has withdrawn the request, because the City is looking at the
issue more broadly and may address their issue.
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 been coordinating comments from the other three cities and putting
together a final draft. Intends to present the Agreement for Council approval at the August 20
meeting.
B) Zoning Enforcement – one correction notice is pending for zoning violations.
C) CIP Discussions – staff discussed and prepared information for the August 20 worksession related
to the City’s CIP in relation to potential development.
D) Chippewa/Arrowhead Visioning – staff reviewed and provided comment on the information
prepared by WSB. This information will be presented at the August 20 worksession.
E) Hackamore Road right-of-entry – staff is collecting right-of-entry agreements from property owners
for the survey and wetland delineation for preliminary design of improvements for Hackamore Road.
F) Minnehaha Creek Watershed interview – Minnehaha Creek has engaged Himle Horner to interview
their partners and customers to review their communication and operations. I was interviewed as
part of the process.
G) Mayor’s Picnic – staff attended the Mayor’s picnic for great times and great food! Thanks to Kathy
and Tom for having us!
TO: City Council
FROM: Edgar J. Belland, Director of Public Safety,
Through City Administrator Scott Johnson
DATE: August 15, 2019
RE: Police Department Updates
Night to Unite
The Night to Unite event went very well. We had more parties this year than any other year since
we started the program. The main reason for the parties is for neighbors to get to know each other.
Neighbors watch out for each other and make the community as a whole much safer. I want to thank
everyone who participated in this year’s event. Our Community Service Officers (CSO) Melissa and
Patrick did a great job organizing the event for the police department.
Community Service Officer Melissa Robbins Resigns
CSO Melissa Robbins accepted a position with the Buffalo Minnesota Police Department as a full-
time licensed police officer. Her last day was August 7th. She did an excellent job for us. She will
be missed.
Sgt. Nelson Returns
Sgt. Jason Nelson returned to duty after a 6 week leave due to a gallbladder surgery that went bad.
He returned on August 8th to full duty. We are happy he is back and doing well.
Patrol
For the dates of August 1 to August 15, 2019, our officers issued 39 citations and 97 warnings for
various traffic infractions. There was a total of 6 traffic accidents, 10 medicals, 8 alarms and 2
DWI’s.
On 08-03-19, Officer Boecker was dispatched to the Inn Kahoots for a female that was being drunk
and disorderly. Prior to Officer Boecker arriving he was advised that the female had left the bar and
was driving east on Hamel Road towards Plymouth. Officer Boecker was able to locate the vehicle
and stopped it. The female was found to be intoxicated and was subsequently arrested. She was
turned over to Officer Scharf who was working a drunk driving detail in the area.
On 08-04-19 Officer’s Boecker and Converse were dispatched to a motor vehicle rollover accident
near Loretto. Caller reported that the driver of the vehicle had left the scene in a second car. Officer
MEMORANDUM
Boecker was able to locate the second vehicle and there were several juvenile males and an adult
male. The vehicle being driven was found to have been reported stolen as well as the vehicle that
had been involved in the accident. All parties were arrested. It was later learned that there were
several stolen items from burglaries and theft from autos in the Carver County area. Investigator
McKinley was called and continues to investigate the case. The adult was booked into Hennepin
County Jail and the others were transported to Minneapolis where they were turned over to a place
that assists troubled youth. All parties have been arrested previously for similar things.
On 08-06-19, Officer Hall was requested to assist Corcoran Police with a personal injury accident
involving a motorcycle. Upon arrival, Officer Hall assisted with CPR on the injured party who was
later pronounced deceased at the scene. The deceased party was found to be from Loretto, and
Officer Scharf responded to his residence and gave the death notification to his wife.
On 08-07-19, Officer Hall took two different reports of vehicles that had been gone through in the
Loretto area and miscellaneous small items missing. Case was forwarded to investigations.
On 08-09-19, Officer Boecker and Scharf responded to a drunk person at a residence. It was later
learned that there was a small party going on and that a friend had showed up uninvited and was
intoxicated and causing problems. The male was found to be a juvenile and had been drinking.
Minor consumption and trespassing citations were issued.
On 08-11-19, Officer Gregory stopped a vehicle for running a red semaphore and speeding. The
driver was found to have been drinking and was subsequently arrested for DWI. The driver refused
to provide a breath sample and was booked into Hennepin County Jail.
On 08-14-19, Officer Scharf responded to a possible overdose suicide attempt at a local residence. It
was learned that a female had taken 60 prescription pills and drank two bottles of wine in an attempt
to kill herself. The female was transported to the hospital by North Memorial Ambulance.
Investigations
Assisted Officers Boecker and Converse on a call involving two recovered stolen vehicles. I assisted
in interviewing the four suspects involved. One of the vehicles had other stolen property inside. One
adult was booked in jail and three juveniles have charges pending. Drafted a search warrant for cell
phones found in the vehicle. Attempting to contact the owners of property found in the vehicles.
Investigation is ongoing.
Investigating a sexual assault involving juveniles. A Corner House forensic interview was conducted
on two of the victims. Based on the ages of all parties involved, there will be no charges.
A Corner House forensic interview was conducted on juvenile victim of sexual assault. The
investigation continues.
Investigating a report of a found ATV. The ATV was reported stolen in 2006 and was found
recently. I am making attempts to locate the owner of the ATV. There are no suspects or charges at
this time.
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: August 14, 2019
MEETING: August 20, 2019
SUBJECT: Public Works Update
STREETS
• Work on the Hickory Dr project is moving along well. The pond has been excavated and
the storm sewer work has begun. There was a small amount of rubble that was removed
in the pond excavation site. Staff had identified this prior to bidding, and we are well
within budget. Watermain is expected to start as early as 8/15.
• The Brockton project continues into Stage 2. Public Works worked with the contractor
for water shut offs again this week. Soon we will make the switch from old water main to
the new. Storm sewer is next, and after that we will be into the road base. The pervious
trail was paved on Stage 1 and looks great. We have been working with one resident in
Medina with a drainage concern and hoping it is now resolved.
• Public Works has been cutting brush all over Medina. We used Emery Tree service to
assist us with the more sensitive and elevated areas.
• Seal coating has been completed on Medina Road and will be swept in the next week or
two.
• There is a contract in the packet for brush grinding, and compost removal. With the surge
of solar energy and the lack of subsidies, the demand for wood chips has been reduced
drastically. This has reduced the price of biomass material, in turn, the city is now
incurring a cost to have it chipped and removed again.
WATER/SEWER/STORMWATER
• Well #3 has failed and is in the process of being rebuilt. This well is considerably smaller
than the others, but it is still important to repair. The price to have it removed and
repaired is around $15,000. I expect it to be back up and running in a week or so.
• The Quad City agreement is in your packet. We have included what our staff has
negotiated with the other cities for responsibilities and connections.
PARKS/TRAILS
• Public Works has ordered 400 cubic yards of wood chip material for the playgrounds
around the city. At the Park Commission’s request, we are also adding some mats under a
few of the swings. We will test out a few different ones to see how they hold up.
• Our seasonal employee has now returned to college and the rest of the Public Works staff
will have to pick up that work in the park that he was focused on. Tyler Dingmann was a
huge help and we hope to have him return next summer.
MISCELLANEOUS
• Katrina and other staff have been working on the final details for Celebration Day
including ordering prizes for kid games, finalizing rental items, and confirming
Page 2 of 2
vendors/volunteers for the many activities that will be happening. We also will be having
one or two environmental activities for kids/adults that will help with our educational
requirements from different agencies. This 20th anniversary celebration hopefully will be
extra special.
ORDER CHECKS AUGUST 7, 2019 – AUGUST 20, 2019
049161 GLOBAL CLOSING & TITLE SERVICE ..................................... $139.84
049162 GOWDRA, SHIVARAJA/ANNAPURNA ...................................... $250.00
049163 HISCOCK, MARILYN ................................................................. $250.00
049164 BONNIE LAMBERTZ ................................................................. $500.00
049165 NARGOTRA, NEHA ................................................................... $250.00
049166 VERNEKAR, CHANDRESH ....................................................... $250.00
049167 CHANDA, KALYAN ...................................................................... $75.00
049168 COMMERCIAL ASPHALT CO. ............................................... $5,401.37
049169 SWANSON HOMES ............................................................. $10,000.00
049170 AIN, ANNIE/QIRATUL ................................................................ $250.00
049171 GONYEA HOMES INC ......................................................... $10,000.00
049172 KOLLIPARA, MURALIDHAR/PAVANI ........................................ $250.00
049173 LEWIS, ROSS/DAWN .................................................................. $68.13
049174 MARTIN FAMILY TRUST .......................................................... $250.00
049175 TRADEMARK TITLE SERVICE ................................................... $58.21
049176 ADAM'S PEST CONTROL INC .................................................. $237.79
049177 BEAUDRY OIL & PROPANE .................................................. $3,154.16
049178 BERGERSON CASWELL INC. ............................................. $22,685.00
049179 BLUE CROSS BLUE SHIELD OF MN ................................... $29,351.22
049180 CANADIAN PACIFIC RAILWAY............................................ $20,000.00
049181 CAREFREE SERVICES INC ..................................................... $466.00
049182 CENTERPOINT ENERGY ......................................................... $223.30
049183 CONTEMPORARY IMAGES ................................................... $2,234.49
049184 CORE & MAIN LP ................................................................... $1,568.59
049185 CROW RIVER FARM EQUIPMENT CO ...................................... $10.08
049186 DODGE OF BURNSVILLE .................................................... $64,802.00
049187 ECM PUBLISHERS INC .............................................................. $55.41
049188 EGAN ........................................................................................ $915.00
049189 EMERY'S TREE SERVICE ..................................................... $1,320.00
049190 ESS BROS. & SONS, INC. ........................................................ $640.00
049191 EULL'S MANUFACTURING CO. ............................................... $774.56
049192 FORTERRA BUILDING PRODUCTS ......................................... $187.00
049193 GOPHER STATE ONE CALL .................................................... $715.50
049194 HAKANSON ANDERSON ASSOCIATES I ................................ $500.00
049195 HAMEL LUMBER INC ................................................................ $252.98
049196 HAMEL LIONS CLUB ................................................................ $600.00
049197 HENN COUNTY INFO TECH .................................................. $2,164.58
049198 HENN COUNTY SHERIFF......................................................... $150.00
049199 HENN COUNTY TAXPAYER SVCS DEPT .................................... $1.46
049200 HENN CTY RECORDER/REGISTRAR ...................................... $126.00
049201 JIMMY'S JOHNNYS INC ............................................................ $646.42
049202 KD & COMPANY RECYCLING INC ........................................... $964.20
049203 LANO EQUIPMENT INC .............................................................. $16.99
049204 LEXISNEXIS RISK DATA MGMT INC .......................................... $36.50
049205 CITY OF LORETTO ................................................................ $2,085.24
049206 LUTHER BROOKDALE CHEVROLET ....................................... $349.74
049207 CITY OF MAPLE PLAIN ......................................................... $2,221.98
049208 METROPOLITAN COUNCIL ................................................... $4,920.30
049209 METROPOLITAN COUNCIL ................................................. $32,076.54
049210 METRO ALARM CONTRACTORS INC ..................................... $360.00
049211 METRO WEST INSPECTION ............................................... $17,521.86
049212 OFFICE DEPOT ........................................................................ $171.27
049213 CITY OF ORONO ................................................................... $2,598.68
049214 PREMIUM WATERS INC ............................................................. $50.34
049215 JAMIE R WIOME .................................................................... $6,804.00
049216 SITEONE LANDSCAPE SUPPLY LLC ...................................... $629.15
049217 SUMMIT COMPANIES ........................................................... $1,644.00
049218 TRUEMAN WELTERS INC ..................................................... $2,318.00
049219 ULINE ........................................................................................ $317.55
Total Checks $256,860.43
ELECTRONIC PAYMENTS AUGUST 7, 2019 – AUGUST 20, 2019
005183E PR PERA .............................................................................. $15,650.30
005184E PR FED/FICA ....................................................................... $16,796.01
005185E PR MN Deferred Comp ........................................................... $1,540.00
005186E PR STATE OF MINNESOTA .................................................. $3,839.16
005187E CITY OF MEDINA ........................................................................ $21.00
005188E FURTHER .............................................................................. $2,652.52
005189E FARMERS STATE BANK OF HAMEL ....................................... $150.00
005190E AFLAC ....................................................................................... $375.36
005191E CENTURYLINK.......................................................................... $236.78
005192E CIPHER LABORATORIES INC. ............................................ $12,912.44
005193E CULLIGAN-METRO ..................................................................... $33.70
005194E FRONTIER .................................................................................. $57.33
005195E FURTHER ................................................................................. $586.96
005196E MEDIACOM OF MN LLC ........................................................... $308.99
005197E PAYMENT SERVICE NETWORK INC ....................................... $907.27
005198E PITNEY BOWES POSTAGE BY PHONE ............................... $1,000.00
005199E XCEL ENERGY .................................................................... $20,878.14
005200E VERIZON WIRELESS ............................................................. $1,351.46
005201E ELAN FINANCIAL SERVICE .................................................. $2,643.23
Total Electronic Checks $81,940.65
PAYROLL DIRECT DEPOSIT AUGUST 7, 2019
0509619 DINGMANN, TYLER .................................................................. $599.84
0509620 JOHNSON, PATRICK M. ........................................................... $563.57
0509621 ALBERS, TODD M. .................................................................... $230.87
0509622 ALTENDORF, JENNIFER L. ................................................... $1,443.16
0509623 ANDERSON, JOHN G. .............................................................. $230.87
0509624 BARNHART, ERIN A. ............................................................. $2,456.43
0509625 BELLAND, EDGAR J. ............................................................. $2,791.02
0509626 BOECKER, KEVIN D. ............................................................. $2,269.16
0509627 CONVERSE, KEITH A. ........................................................... $2,103.76
0509628 DESLAURIES, DEAN ................................................................ $230.87
0509629 ENDE, JOSEPH...................................................................... $1,644.66
0509630 FINKE, DUSTIN D. ................................................................. $2,637.75
0509631 GALLUP, JODI M. ................................................................... $1,799.74
0509632 GLEASON, JOHN M. .............................................................. $2,103.60
0509633 GREGORY, THOMAS ............................................................ $1,944.73
0509634 HALL, DAVID M. ..................................................................... $2,016.29
0509635 JACOBSON, NICOLE ................................................................ $898.81
0509636 JESSEN, JEREMIAH S. .......................................................... $2,230.70
0509637 JOHNSON, SCOTT T. ............................................................ $2,206.31
0509638 JONES, KATRINA M............................................................... $1,403.85
0509639 KLAERS, ANNE M. ................................................................. $1,370.92
0509640 LEUER, GREGORY J. ............................................................ $2,520.01
0509641 MARTIN, KATHLEEN M ............................................................ $327.07
0509642 MCGILL, CHRISTOPHER R. .................................................. $1,524.51
0509643 MCKINLEY, JOSHUA D .......................................................... $2,008.09
0509644 NELSON, JASON ................................................................... $2,269.10
0509645 PEDERSON, JEFF .................................................................... $227.97
0509646 PETERSON, DEBRA A. .......................................................... $2,020.16
0509647 REINKING, DEREK M ............................................................ $1,867.82
0509648 ROBBINS, MELISSA ................................................................. $752.77
0509649 ROERICK, AUSTIN ................................................................ $1,376.38
0509650 SCHARF, ANDREW ............................................................... $1,925.38
0509651 SCHERER, STEVEN T. .......................................................... $2,332.06
0509652 SCHNEIDER, BENJAMIN ....................................................... $1,084.20
Total Payroll Direct Deposit $53,412.43