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HomeMy Public PortalAbout09.17.2019 Complete City Council Meeting Packet Posted 9/12/2019 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, September 17, 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 September 3, 2019 Work Session B. Minutes of the September 3, 2019 Regular Council Meeting V. CONSENT AGENDA A. Authorize to Begin Recruitment for Police Officer Position  B. Approve Postage Meter Lease Agreement with Great America Financial Services Corporation and Postage Meter Equipment Maintenance Agreement with American Mailing Machines C. Approve Managed Services Agreement with Tegrete D. Ordinance Regarding Residential Setbacks and Encroachments; Amending Chapter 8 of the City Code E. Resolution Authorizing Publication of Ordinance Regarding Residential Setbacks and Encroachments by Title and Summary F. Resolution Granting Approval of a Conditional Use Permit to Tim and Megan Elam for Five Accessory Structures at 1582 Homestead Trail G. Resolution Granting Conditional Use Permit and Variance to Tim and Megan Elam for an Accessory Dwelling Unit at 1582 Homestead Trail VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Resolution Recognizing Fidel (Dell) Theis for 45 Years of Dedicated Service to the Hamel Volunteer Fire Department as he Retires VIII. NEW BUSINESS A. Sonja and Chris Graham – Lot Combination – 4072 Hamel Road 1. Resolution Approving a Lot Combination of Lots 1 and 2, Boyer Acres B. Willow/Highway 55 Regional Lift Station Project C. Public Safety Director Succession Planning 1. Resolution Accepting Ed Belland’s Resignation 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: September 12, 2019 DATE OF MEETING: September 17, 2019 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Authorize to Begin Recruitment for Police Officer Position –Staff requests authorization to begin the recruitment process to hire the budgeted full-time police officer position with a start date of January 2, 2020. See attached memo and job description. B. Approve Postage Meter Lease Agreement with Great America Financial Services Corporation and Postage Meter Equipment Maintenance Agreement with American Mailing Machines – The city currently has a postage meter lease with Pitney Bowes that is due to expire in the beginning of 2020. Staff has had multiple problems with the Pitney Bowes meter, billing, and customer service. Staff has tested new postage meters with American Mailing Machines and are happy with the updated technology this company offers. The city currently owns an envelope stuffing machine through American Mailing Machines and has had no issues with billing or customer service. The pricing between companies is also comparable based on the meter’s technology. Staff recommends approval. See attached agreements. C. Approve Managed Services Agreement with Tegrete – The city uses Tegrete as our managed service provider to manage our cleaning services. Tegrete has requested a small price increase due to increased costs of janitorial services to become effective on 11/1/19. We have not updated our agreement with Tegrete since 2013. Staff is happy with their services and comfortable with the proposed increases.  Police department- $11/month increase, new amount $361/month  Public Works- $13/month increase, new amount $429/month  City Hall- $17/month increase, new amount $565/month Staff recommends approval. See attached agreement. D. Ordinance Regarding Residential Setbacks and Encroachments; Amending Chapter 8 of the City Code – The City Council reviewed this ordinance at the September 3rd meeting.  Council directed staff to review the language: “uncovered deck which does not extend  2 above the height of the main living level of the structure.” Staff has updated this language to “unroofed deck with a floor no higher than the main level of the structure.” Staff used the term “unroofed” to allow for retractable awnings, pergolas, and similar shade devices which are not full roofs. If the Council does not support allowing pergolas, staff would recommend the “uncovered” language as was originally in the ordinance. See attached ordinance. E. Resolution Authorizing Publication of Ordinance Regarding Residential Setbacks and Encroachments by Title and Summary – Staff recommends approval of the resolution authorizing publication of the ordinance by title and summary. See attached resolution. F. Resolution Granting Approval of a Conditional Use Permit to Tim and Megan Elam for Five Accessory Structures at 1582 Homestead Trail – The City Council reviewed this application at the September 3rd meeting and directed staff to move forward with the approval resolution. Staff recommends approval. See attached resolution. G. Resolution Granting Conditional Use Permit and Variance to Tim and Megan Elam for an Accessory Dwelling Unit at 1582 Homestead Trail – The City Council reviewed this application at the September 3rd meeting and directed staff to move forward with the approval resolution. Staff recommends approval. See attached resolution. VII. PRESENTATIONS A. Resolution Recognizing Fidel (Dell) Theis for 45 Years of Dedicated Service to the Hamel Volunteer Fire Department as he Retires – Recently retired Hamel Firefighter Dell Theis will be at the meeting to be recognized for his 45 years of dedicated service with the Hamel Volunteer Fire Department. See attached resolution. Recommended Motion: Motion to adopt the resolution recognizing Fidel (Dell) Theis for 45 years of dedicated service to the Hamel Volunteer Fire Department as he retires. VIII. NEW BUSINESS A. Sonja and Chris Graham – Lot Combination – 4072 Hamel Road – Sonja and Chris Graham have requested approval from the City to combine two parcels into a single lot. The existing parcels do not meet minimum lot size standards, and while the combination would not bring the parcels into full compliance, it does improve the situation. The subject property is located north of Hamel Road, east of County Road 19. The eastern parcel contains a home and a couple of outbuildings (1370 s.f. and 120 s.f.). See attached report and resolution.  3 Recommended Motion: Motion to adopt the resolution approving a lot combination of Lots 1 and 2 Boyer Acres into a single parcel B. Willow/Highway 55 Regional Lift Station – The Willow Drive/TH 55 Regional Lift Station Project has been included with the City of Medina’s capital improvement plan based on the anticipated development noted in the 2040 Comprehensive Plan. The plan identified the need for a lift station to serve properties to the west of Willow Drive that are not serviceable with gravity sewer, including the proposed Adams Pest Control development. This lift station will also serve as a regional lift station and receive wastewater from the ultimate development within the EC-1 sewershed of the City’s 2040 Comprehensive Wastewater Plan and potentially beyond. The next step is for the City Council to consider authorizing the preparation of a feasibility report for the project contingent upon the direction of staff. If the proposed Adams Pest Control Development does not proceed, the City may want to consider holding off on the lift station project until such time development is imminent. If the feasibility is ordered, it is anticipated that the City Council would receive the feasibility report in November of 2019 at which time consideration could be given to proceed with final design and bidding. See attached memo and proposal. Recommended Motion: Consider the proposal from WSB for engineering services and authorize preparation of feasibility report contingent upon staff direction. C. Public Safety Director Succession Planning – Staff received the attached letter notifying us of Ed Belland’s retirement on March 31, 2020. The retirement notice allows the City of Medina to prepare and start the recruitment process for Ed Belland’s successor. See attached memo, resignation letter, resolution, and job description. Recommended Motion # 1: Move to adopt resolution accepting Ed Belland’s resignation Recommended Motion # 2: Direct staff to begin recruitment process Recommended Motion # 3: Approve Public Safety Director job description XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005218E-005238E for $61,924.72 and order check numbers 049263-049333 for $413,451.33 and payroll EFT 0509682-0509713 for $53,599.93.  4 INFORMATION PACKET:  Planning Department Update  Police Department Update  Public Works Department Update  Claims List  Medina City Council Special Meeting Minutes 1 September 3, 2019 MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 3, 2019 - DRAFT The City Council of Medina, Minnesota met in special session on September 3, 2019 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Martin, Albers, Anderson, DesLauriers, Pederson Members absent: Also present: City Administrator Scott Johnson, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public Safety Director Ed Belland, Assistant City Administrator Jodi Gallup, and City Planning Director Dusty Finke II. 2020 Budget Open House Finance Director Erin Barnhart presented information on the 2020 General Fund Budget and preliminary levy. Finance Director Barnhart also provided information on the proposed General Fund increase of 3.6% ($164,063 increase from 2019), a 2.5% employee cost of living increase, 2020 insurance premiums, the overall levy increase of 9.7%, the 4.8% change in market value, and the overall tax rate increase of 4.4% (2020 tax rate = 22.479%). Finally, Barnhart discussed the proposed Municipal Park Fund Levy to finance the 30-year park equipment replacement plan ($98,000 increase), Capital Equipment Levy to finance ongoing equipment needs/account for revenue losses of the Forfeiture Fund in-lieu of bonding ($178,000 increase), and addition of a new Full-time Police Officer. Mayor and Council discussed possible State law changes to revenues from building permits, discussing fiscal disparities at a future work session, and City Attorney Ron Batty discussing tax increment financing/tax abatement programs at the January EDA meeting. Staff was directed to update the memo to reflect the 2020 general fund loss total and include the addition of a new Full-time Police Officer. III. Adjournment Martin closed the meeting at 6:47 p.m. _________________________ Kathleen Martin, Mayor Attest: ____________________________ Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 1 September 3, 2019 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 3, 2019 3 4 The City Council of Medina, Minnesota met in regular session on September 3, 2019 at 5 7:00 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, Assistant City Administrator Jodi 14 Gallup, City Attorney Ron Batty, City Engineer Jim Stremel, City Planning Director Dusty 15 Finke, City Planning Intern Ben Schneider, Finance Director Erin Barnhart, Public Works 16 Director Steve Scherer, and Chief of Police Ed Belland. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:00 p.m.) 24 25 A. Approval of the August 20, 2019 Special City Council Meeting Minutes 26 Moved by Anderson, seconded by Pederson, to approve the August 20, 2019 special 27 City Council meeting minutes as presented. Motion passed unanimously. 28 29 B. Approval of the August 20, 2019 Regular City Council Meeting Minutes 30 Martin noted that changes submitted by herself and Anderson have been distributed to 31 the Council for incorporation. 32 33 Moved by Anderson, seconded by Albers, to approve the August 20, 2019 regular City 34 Council meeting minutes as amended. Motion passed unanimously. 35 36 V. CONSENT AGENDA (7:01 p.m.) 37 38 A. Approve Medina/Independence/Greenfield/Loretto Quad City Agreement 39 Johnson and the Council commended Finke and Scherer for their excellent work on this 40 agreement. 41 42 Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion 43 passed unanimously. 44 45 VI. COMMENTS (7:02 p.m.) 46 47 A. Comments from Citizens on Items not on the Agenda 48 There were none. 49 50 Medina City Council Meeting Minutes 2 September 3, 2019 B. Park Commission 1 Scherer reported that there was vandalism at the field house. He stated that the parks 2 look great and staff will begin to shutdown the field house in the next few weeks to 3 prepare for winter. He noted that there is a possibility that trail repair will occur this fall at 4 Hamel Legion Park. 5 6 Johnson stated that information developed by the Park Commission was provided to the 7 Council tonight summarizing resident engagement. 8 9 Martin reported that the document shows that 98 percent of the residents that the Park 10 Commission members spoke with about the parks were in support of a proposed tax 11 levy to support the parks. She noted that a petition was included that includes names of 12 supporting residents. 13 14 C. Planning Commission 15 Finke reported that the September meeting has been canceled due to lack of business. 16 17 VII. NEW BUSINESS 18 19 A. 2020 Preliminary Budget & Tax Levy (7:06 p.m.) 20 Martin noted that an open house was held for the public prior to tonight’s meeting to 21 review the proposed budget and tax levy information. 22 23 Barnhart stated that the purpose tonight is to adopt the preliminary 2020 budget and tax 24 levy, with final adoption to occur on December 3rd. She reported that a balance budget 25 is proposed for 2020, which equates to a 3.3 percent levy increase. She explained that 26 the increases to the general fund are attributed to annual contracts, operations for the 27 City and its buildings, and staff compensation. She highlighted revenue losses the City 28 has experienced due to changes in laws and related fines. She highlighted the 29 proposed staffing changes which include a full-time police officer, a 2.5 percent cost of 30 living increase and available step increases, and employee health insurance changes. 31 She reported that there would be a proposed increase of 9.7 percent to the property tax 32 levy, noting that the main factors are the municipal park fund and capital equipment 33 fund. She stated that Hennepin County forecasts a 4.8 percent market value increase, 34 noting that 1.9 percent is due to new tax base for new construction that occurred in 2018 35 while 2.9 percent of the increase is related to existing market value. She stated that 36 Hennepin County also forecasts an increase of 5.2 percent for tax capacity. She noted 37 that the proposed tax rate would be 22.479 percent compared to the 2019 rate of 38 21.503. She provided additional details on the municipal park fund levy, noting that the 39 fund will be used for repairs and updates to existing parks and park equipment, as park 40 dedication cannot be used for that purpose. She explained that a 30-year financing plan 41 was developed to cover the maintenance of existing parks and equipment with an 42 annual contribution proposed for 2020 and each year moving forward. She provided 43 details on the capital equipment levy and how that fund is used. She reviewed other 44 items that were discussed including the possibility of sharing services with neighboring 45 communities and continuing negotiations with vendors. She stated that the five-year CIP 46 is a projection of the projects and equipment needs that helps to ensure that funds are 47 spent appropriately. She noted that the City departments attempt to find available grant 48 options when possible. She highlighted upcoming road overlays planned for 2020, 49 noting that those projects are split 50/50 between the City and the benefiting residents. 50 Medina City Council Meeting Minutes 3 September 3, 2019 She noted that the whistle-less crossing project at Arrowhead Drive/Highway 55 should 1 be completed in 2020 and advised that grant funds were received for that project. 2 3 Martin noted that the Council has reviewed and discussed this information on multiple 4 occasions including the open house prior to tonight’s meeting. She thanked Barnhart for 5 her excellent presentation, noting that the Council appreciates the excellent job that staff 6 does to ensure that the City is spending funds appropriately. 7 8 1. Resolution No. 2019-50 Approving Proposed Tax Levy for 2020 9 Moved by DesLauriers, seconded by Anderson, to adopt Resolution No. 2019-50 10 Approving the 2020 Preliminary Tax Levy. Motion passed unanimously. 11 12 2. Resolution No. 2019-51 Approving Proposed General Fund 13 Budget for 2020 14 Moved by DesLauriers, seconded by Anderson, to adopt Resolution No. 2019-51 15 Approving the 2020 Preliminary General Fund Budget. Motion passed unanimously. 16 17 3. Resolution No. 2019-52 Reducing Debt Service Tax Levies for 2020 18 Moved by DesLauriers, seconded by Anderson, to adopt Resolution No. 2019-52 19 Reducing Debt Service Tax Levies for 2020. Motion passed unanimously. 20 21 4. Establish Public Discussion Date for Final 2020 Tax Levy and 22 Budget 23 Moved by DesLauriers, seconded by Anderson, to establish the 2020 final tax levy and 24 budget discussion for December 3, 2019 at 7:00 p.m. in City Hall. Motion passed 25 unanimously. 26 27 B. Megan and Tim Elam – Conditional Use Permit and Variance for Accessory 28 Dwelling Unit and Accessory Structures – 1582 Homestead Trail (7:20 p.m.) 29 Schneider provided background information on the applicants whom own a 34-acre lot 30 with a four-bedroom home, standalone garage, gazebo, and child’s playhouse. He 31 explained that prior to the applicant’s purchasing the property, there was an additional 32 18,000 square foot home but that second home was demolished prior to the sale of the 33 property. He stated that this request includes two Conditional Use Permits (CUP) and a 34 Variance request. He stated that the first CUP would classify the existing home as an 35 accessory dwelling unit which would allow a new principal home in the size of 10,000 36 square feet. He explained that a variance would be needed as currently code states that 37 an accessory dwelling unit cannot exceed 1,000 square feet or have more than two 38 bedrooms. He stated that the second CUP would allow for the remaining accessory 39 structures to remain on the property and would include a proposed cabana that would be 40 built with the new home. He reviewed the CUP criteria and how the requests meet the 41 criteria. He stated that if the variance were approved, staff does not anticipate any 42 issues with the CUPs requested. He reviewed the variance criteria and how the request 43 meets the criteria. He noted that because there was a previously existing second home, 44 the applicants could not anticipate that a second home would not be allowed. He stated 45 that the property could be subdivided and therefore two homes could be constructed but 46 noted that the applicants would prefer to keep the property as one parcel. He reported 47 that the Planning Commission held a public hearing on this matter at their last meeting 48 and unanimously recommended approval. He noted that neighbors have also provided 49 their support for the project and advised that staff has not received any comments 50 against the project. 51 Medina City Council Meeting Minutes 4 September 3, 2019 1 Pederson asked if the hardship has been addressed. 2 3 Schneider explained that the applicants purchased the property with no reason to 4 suspect that the previously removed home could not be replaced. 5 6 Albers asked if the property could be subdivided in the future with the two homes as 7 proposed or whether it would be difficult to complete that action. 8 9 Schneider stated that subdivision would not be impossible in the future, but the second 10 home would make it more difficult. 11 12 Martin referenced the existing home that would become an accessory dwelling and 13 asked if the four bedrooms could become two bedrooms by knocking walls out. 14 15 Schneider replied in theory that could be done but the variance would still be required 16 because of the square footage. 17 18 Martin explained that the purpose behind the accessory dwelling regulations is to ensure 19 that there is not overuse of the accessory dwelling structure. She asked if there is 20 otherwise a limitation on how many people could live in an accessory structure. 21 22 Schneider stated that there is not that type of limit. He noted that for lots 40 acres in 23 size, or more, there are two principle dwelling structures allowed. 24 25 Martin stated that the issue comes down to practical difficulty and how it arose. She 26 stated that correspondence was provided from the applicant that the property was 27 purchased with the understanding that the previously existing 18,000 square foot 28 structure could be replaced. She stated that satisfies her concern. 29 30 Batty stated that this is an application which generated a lot of discussion among staff as 31 this is not the typical variance request and does not fit into the standard analysis. He 32 stated the application supports that the circumstances are unique. 33 34 Moved by Pederson, seconded by DesLauriers, to direct staff to prepare resolutions 35 approving the variance and conditional use permits, subject to the conditions noted in 36 the staff report. Motion passed unanimously. 37 38 C. Ordinance Regarding Residential Setbacks and Encroachments; Amending 39 Chapter 8 of the City Code (7:33 p.m.) 40 Johnson provided background information on how this topic arose and the work of the 41 Planning Commission and staff on this matter. 42 43 Finke stated that the Planning Commission had previous discussion, as did the City 44 Council, noting that both groups directed staff to review additional options. He stated 45 that the ordinance as proposed would increase the setback adjacent to minor collector 46 roadways in most residential zoning districts for the home but would allow for an 47 encroachment for decks to go 10 feet into the setback in all residential districts. He 48 stated that recommended changes were also made to language in the encroachment 49 section. He stated that many communities allow decks to encroach fairly significantly 50 into their setbacks. He stated that staff has commonly seen requests for decks to 51 Medina City Council Meeting Minutes 5 September 3, 2019 encroach into wetland buffer setbacks but noted that staff decided not to allow an 1 encroachment into those setbacks. He explained that a wetland buffer setback has a 2 different purpose than a setback on a typical lot. He stated that the Planning 3 Commission also agreed to not allow an encroachment into wetland buffer setbacks. He 4 stated that the Planning Commission limited the allowed encroachment to uncovered 5 decks. He stated that following the public hearing in August, the Planning Commission 6 recommended unanimous approval of the request. He stated that one resident spoke in 7 support of the changes, as the changes would allow the resident to construct a deck on 8 their property. 9 10 Anderson stated that throughout the proposed ordinance, the term uncovered deck is 11 used, and asked if that term is used for definitional purposes. 12 13 Finke explained that the language exists in other portions of City Code and differentiates 14 between a screened porch or three- or four-season porch. He explained that only an 15 uncovered deck could encroach into the setback. 16 17 Albers stated that increased yard setback is used in the proposed ordinance and asked 18 if that language is important or whether the language could state yard setback without 19 the word increased. 20 21 Finke confirmed that the language serves a purpose and provided additional 22 explanation. 23 24 Martin provided suggested grammatical changes. 25 26 DesLauriers asked if there is a difference between a ground level deck and second level 27 deck. 28 29 Finke replied that would depend upon the type of home. He stated that a walk-out home 30 would have a main level deck one level up, whereas a full basement home would have a 31 main level deck that would perhaps appear to be at ground level. 32 33 Martin suggested that staff make the changes as discussed and noted that the item 34 could then come back on the Consent Agenda. 35 36 Moved by DesLauriers, seconded by Anderson, to direct staff to make the suggested 37 changes to the proposed ordinance and bring the item forward on the next Consent 38 Agenda. Motion passed unanimously. 39 40 D. Dale Richardson – Lot Combination – 18-118-23-24-0116 and 18-118-23-24-41 0117 (7:49 p.m.) 42 Johnson stated that the applicant would like to combine his two lots that currently do not 43 meet the minimum lot standards. He noted that the combination of the lots would not 44 bring the parcels into full compliance but would improve the situation. 45 46 Finke identified the properties in the Independence Beach neighborhood and reviewed 47 the requirements of the shoreline overlay district. He stated that State Statute requires 48 that substandard lots within the shoreline overlay district under common ownership be 49 combined to come closer to meeting the standards. He stated that the intent of this 50 combination would be to bring the property closer to compliance. He provided additional 51 Medina City Council Meeting Minutes 6 September 3, 2019 information on the proposed lot combination language which included vacated right-of-1 way for roads that were never vacated. He recommended that the Council approve the 2 resolution which would deny the combination request which included vacated rights-of-3 way that were never vacated and simultaneously approve of the vacation of Lots 1 and 4 2, Block 30 of Independence Beach which would create a 12,000 square foot lot bringing 5 it closer into compliance. 6 7 DesLauriers asked if there is a goal for the property owner with the combination of lots 8 as it does not appear to bring the lot into compliance. 9 10 Finke stated that the intent is to construct a home on the lots once combined. He 11 provided information on setbacks, driveway space and buildable space. 12 13 Batty stated that the City’s interest is to see one larger lot, although still nonconforming, 14 rather than two very small lots. 15 16 Albers asked if the properties adjacent to these properties followed a similar exercise as 17 those properties seem similarly sized. 18 19 Finke stated that there were originally six lots with vacated right-of-way that became 20 parts of the northern lots. He stated that historically lots have been used across the 21 property lines and some have combined for tax purposes. 22 23 Martin asked what would be recorded if this resolution is approved with the updated 24 legal description. 25 26 Batty explained that the property owner would file a lot combination with the County and 27 the resolution would be evidence that the City has approved that action with the updated 28 legal description. 29 30 Robin Reid, 2945 Ardmore Ave., stated that she is not opposed to the lot combination as 31 defined by the staff but is concerned that the applicant may then expect to come before 32 the Planning Commission with variance requests to build a larger home than the lot 33 would permit. She stated that she would oppose any variances from the setbacks and 34 believed that other neighbors would also oppose that action. She stated that perhaps 35 language could be added that would specify that variances to setbacks would not be 36 allowed or supported by the neighborhood. 37 38 Anderson stated that while he understands the concern, it would be difficult to look at a 39 hypothetical that has not come before the Planning Commission or City Council. 40 41 Pederson agreed that this would be the normal action the City would take when 42 reviewing a request for combination. 43 44 Finke stated that he did discuss the square footage and setback requirements with the 45 broker. 46 47 1. Resolution No. 2019-53 Approving a Lot Combination for PIDs 18-48 118-23-24-0116 and 18-118-23-24-0117 49 Medina City Council Meeting Minutes 7 September 3, 2019 Moved by Anderson, seconded by Pederson, to adopt resolution no. 2019-53 approving 1 a lot combination for PIDs 18-118-23-24-0116 and 18-118-23-24-0117. Motion passed 2 unanimously. 3 4 E. Resolution No. 2019-54 to Contract with a Council Member – Medina 5 Celebration Day (8:00 p.m.) 6 Johnson noted that Pederson is the owner of Highway 55 Rental and each year the City 7 contracts with the business for various items related to the Medina Celebration Day 8 event. 9 10 Pederson abstained from the discussion and vote because of his financial interest in the 11 contract. 12 13 Moved by Anderson, seconded by DesLauriers, to adopt resolution no. 2019-54 to 14 contract with a Council member. Motion passed unanimously. (Pederson abstained) 15 16 VIII. CITY ADMINISTRATOR REPORT (8:01 p.m.) 17 Johnson stated that minutes will be provided to the Council regarding the Hamel Fire 18 transition meetings. He stated that Anderson has also requested those minutes be 19 published on the City website and asked for input from the Council. 20 21 DesLauriers asked what the normal practice is with minutes from fire meetings. 22 23 Johnson confirmed that the quarterly fire meetings are not published on the website and 24 noted that previous meetings related to the Fire Department have not been published on 25 the City website. 26 27 Pederson stated that he would not have an issue publishing the minutes as it would 28 provide transparency. 29 30 Martin stated that the information would then still be available in the Council packet. 31 32 It was the consensus of the Council to have the information included in the packet and 33 on the City website. 34 35 Johnson advised of a recent retirement from the Hamel Fire Department, noting that 36 staff will work with Hamel Fire to develop a resolution of recognition for this long-term 37 firefighter of 45 years. 38 39 Martin noted that the Hamel Fire Chief should be consulted to determine if that firefighter 40 would be comfortable with that recognition. She stated that if this would be a welcomed 41 activity, other firefighters of longevity from other departments could be recognized at 42 retirement, noting that a certain length of service would need to be identified. Council 43 directed staff to contact the fire chiefs and request that they inform the City about fire 44 personnel who retire with 35 years of service or more to be recognized. 45 46 Johnson confirmed that Fire Chiefs would need to be responsible for alerting the City of 47 the retirements. He advised that the Long Lake Subwatershed demonstration event will 48 take place on September 17th. 49 50 IX. MAYOR & CITY COUNCIL REPORTS (8:07 p.m.) 51 Medina City Council Meeting Minutes 8 September 3, 2019 No reports. 1 2 X. APPROVAL TO PAY THE BILLS (8:07 p.m.) 3 Moved by Anderson, seconded by DesLauriers, to approve the bills, EFT 005202E-4 005217E for $48,567.67 and order check numbers 049220-049262 for $160,569.83 and 5 payroll EFT 0509653-0509681 for $52,446.80 and payroll check 020442 for $89.03. 6 Motion passed unanimously. 7 8 XI. CLOSED SESSION: ATTORNEY-CLIENT PRIVILEGED DISCUSSION ON 9 LITIGATION MATTER SPECIFICALLY WW FARM AND GEORGE WESSIN V. CITY 10 OF MEDINA, PURSUANT TO MINN. STAT. SEC. 13D.05, SUBD.3(b) 11 Moved by Anderson, seconded by Pederson, to adjourn the meeting to closed session to 12 conduct an attorney-client privileged discussion on litigation matter, specifically WW 13 Farm and George Wessin V. City of Medina, pursuant to Minn. Stat. Sec. 13D.05, 14 Subd.3(b) at 8:08 p.m. Motion passed unanimously. 15 16 The meeting reconvened to open session at 8:07 p.m. 17 18 XII. ADJOURN 19 Moved by Anderson, seconded by Pederson, to adjourn the meeting at 8:43 p.m. 20 Motion passed unanimously. 21 22 23 24 25 __________________________________ 26 Kathleen Martin, Mayor 27 Attest: 28 29 ____________________________________ 30 Jodi M. Gallup, City Clerk 31 1 TO: Medina City Council FROM: Jodi Gallup, Assistant City Administrator DATE: September 11, 2019 RE: Authorization to Begin Recruitment for Police Officer Position The 2020 budget includes the hiring of one new full-time police officer position. Staff requests City Council authorization to begin the recruitment process now, as the hiring process can take about three months to complete. The position would not start until January 2, 2020. It will then take another 3-6 months for the new officer to complete their initial field training period. Below is a projected hiring timeline: September 18 – Post positions externally October 9 – Application deadline October 10-16 – Select interview candidates/schedule interviews October 23-25 – First round interviews October 30-31 – Second round interviews November 5-6 – Chief’s final interviews November 18 – Background packets due December 17 – Appoint Police Officer at City Council meeting January 2 – Start Date Recommendation Authorize staff to begin the recruitment process to hire a full-time police officer position with a start date of January 2, 2020. MEMORANDUM Agenda Item # 5A City of Medina Position Description POLICE OFFICER City Council Approved: 02/15/2011 Position Title: Police Officer Department: Police Department Supervisor’s Title: Police Sergeant Pay Grade: 5 (within Union Scale) FLSA Status: NON-EXEMPT Work Status: Full-time PRIMARY OBJECTIVE OF POSITION Performs non-supervisory, patrol and police work in support of law enforcement, crime detection/prevention and investigation, traffic control, emergency response, and public assistance activities. Responsible for minimal administrative functions; assists with some educational and safety programs in public schools; and provides law enforcement at community functions. Majority of time is spent responding to calls to enforce laws and patrolling to protect the property and serve the residents of the community. ESSENTIAL FUNCTIONS  Keeps supervisory employees informed of all pertinent matters through daily activity reports and regular intra-departmental communications.  Provides oversight and training to Community Service Officer, newly-hired and part-time police officers.  Communicates internally with administrative staff, public works, fire employees, and City Attorney; and, externally with Hennepin County law enforcement, judicial and social services personnel, area police departments, state and federal law enforcement agencies, business people, City visitors, and residents.  Assesses daily reports and confers with Police Chief, Sergeant, Administrative Assistant, and other officers to determine activity in the community and potential problems.  Patrols community by car, bike, or on foot to provide a police presence, enforce traffic and other state and federal laws as well as City ordinances; writes tickets for violations as appropriate.  Locates and arrests suspects, taking prisoners to jail; prepares written reports of crimes, and assists in the prosecution of violators.  Checks businesses and residential areas for signs of vandalism or break-in.  Responds to calls for service; makes out initial reports; and investigates and performs follow-up work as needed.  Responds to emergency situations and identifies hazardous situations; notifies appropriate emergency, public works, or other personnel; and makes proper decisions for assisting sick or injured persons.  Conducts criminal and other investigations—with assistance from Hennepin County attorneys—by interviewing witnesses/complainants/victims, interviewing/interrogating suspects, collecting and preserving evidence, preparing written reports; informs Chief of status of investigations; attends court proceedings to serve as witness and present evidence and other information.  Conducts welfare checks and serves official documents such as warrants, ex parte orders, eviction, subpoenas, juvenile papers and makes death notifications.  Provides security and police assistance at community events including crowd and traffic control measures.  Assists other law enforcement agencies in their crime prevention and investigation efforts as needed and according to mutual aid agreements.  Prepares a variety of complete and accurate reports such as incident, arrest, and investigative reports, preliminary criminal charges, and initial complaint reports, court testimony and ensures adequate record keeping.  Identifies hazards to traffic and pedestrians and reports matters requiring attention to public works department.  Mediates and resolves disputes between individuals using an appropriate degree of tact and persuasion.  Answers residents’ requests for information including directions, regulations, ordinances, and where to obtain additional information.  Responds to animal complaints; locates and transports animals to current impound facility.  Inspects and maintains vehicle and all personal and departmental equipment.  Attends mandatory and other classes for required continuing education to maintain POST licensure and meet department’s training needs. City of Medina Position Description POLICE OFFICER City Council Approved: 02/15/2011  Participates in department’s public education efforts by providing information and advice to the residents and business people regarding law enforcement and public safety issues.  Engages in community-oriented policing: participates in informal community talks, formal meetings, and sponsored events; assists with a variety of departmental programs; and pursues a variety of networking opportunities.  Supervises part-time officers and serves as field training officer, when assigned, for new hires. OTHER DUTIES AND RESPONSIBILITIES  Perform other related duties as delegated by Supervisor or apparent.  Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate, while following the City of Medina’s core values, which include teamwork, trust, professionalism, and communication. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES:  Knowledge of local geography, City streets and addresses, business and residential areas.  Knowledge, skill, and ability to effectively use personal and departmental equipment.  Knowledge of relevant City ordinances and policies and departmental policies and procedures.  Knowledge of all departmental directives.  Knowledge of, and ability to understand/apply, state and federal laws, POST standards, City ordinances and policies, departmental policies, procedures and directives.  Knowledge of principles, practices, and procedures used in law enforcement, police science and administration, court proceedings, and public safety.  Knowledge of relevant radio/dispatch procedures and FCC radio communications requirements.  Knowledge of county jail procedures.  Knowledge of basic medical and judicial procedures, practices and terminology.  Skill in gathering appropriate information through interviewing victims, witnesses, and suspects; working with crime scenes; and contacting other law enforcement agencies.  Skill in operating a police vehicle in all kinds of weather conditions and situations.  Skill in handling and discharging firearms and ensuring their proper use.  Skill in using an appropriate degree of tact and persuasion during numerous and varied interpersonal communications.  Skill in standardized field sobriety testing.  Ability to attend mandatory classes and obtain required continuing education credits.  Ability to use senses of sight, hearing, and smell.  Ability to use several types of vision (far, near, depth, peripheral, color and night).  Ability to exert considerable physical effort when required during calls for service or emergency situations (e.g. subduing others, transporting victims, rescue actions, etc.)  Ability to stand, walk, and sit for long periods of time; ability to bend, crouch, stoop, stretch, or crawl as needed.  Ability to comprehend/apply federal, state, county, and city criminal, traffic, and other civil laws and procedures and keep current on changes.  Ability to work independently and interact with many diverse groups such as juveniles, minorities, intoxicated persons, people on drugs, mentally ill persons, and the elderly.  Ability to maintain certification as a First Responder.  Ability to analyze a variety of problems/situations, oftentimes stressful and during emergencies, and take decisive and effective action.  Ability to use computer, typewriter, tape recorder, and police management software.  Ability to prepare routine reports, forms, and correspondence with completeness and accuracy.  Ability to communicate effectively, orally and in writing, with supervisors and general public and maintain appropriate level of confidentiality.  Ability to transport victims/suspects/others to appropriate medical/crisis facilities. City of Medina Position Description POLICE OFFICER City Council Approved: 02/15/2011  Ability to respond to medical emergencies and analyze situation to determine proper intervention including use of defibrillators. Machines, tools, and equipment used: Squad cars, MDC’s, mobile and portable radios, radar, firearms and other weapons, cameras and audiovisual equipment, intoxilizer, portable breath tester, defibrillator and other medical equipment, investigative equipment, computer and office equipment, phone, and numerous other personal and departmental equipment. MINIMUM REQUIREMENTS  Associate’s degree in law enforcement and completion of skills training.  Valid Minnesota POST license or eligible to be licensed on day of hire.  Valid Minnesota driver’s license.  Must meet all state-mandated and employer-required certifications, medical/psychological, background checks, and other requirements.  Ability to maintain First Responder and CPR certification and attend other continuing education classes. DESIRABLE QUALIFICATIONS  Experience working in a variety of assignments as a Police Officer.  Projects a work style characterized by confidence, energy and enthusiasm.  Good public speaker, capable or projecting a positive image.  Good listener, capable of empathizing with the concerns of department staff, other city employees and community residents.  Bachelor’s degree in Law Enforcement or related field. WORKING CONDITIONS Work is performed both indoor at the Police Department and in the field. The exceptions include response to emergency, police or fire incidents and trips to meetings, training, and conferences. Generally, the position requires light lifting, usually less than 10 pounds, with up to 150 pounds on occasion, climbing stairs/ladders, and performing life-saving and rescue procedures. Some hazardous materials or chemicals are exposed to on this job, including toxic materials, blood borne pathogens and other infectious environments. Other hazardous conditions may include having to deal with unruly or dangerous individuals, confined or high work spaces, dangerous animals, loud noises, emergency driving, unsafe building sites and deadly force, traffic control and working in and near traffic, inclement weather, and natural or man-made disasters. Agenda Item # 5B Customer Agreement CUSTOMER INFORMATION Billing Address Customer: City of Medina Department Street: 2052 County Road 24 City: Medina County: Hennepin State: MN Zip: 55340 Tel: 763-473-8850 Fax: E-mail: Jodi.gallup@medinamn.gov Contact Name: Jodi Gallup Deliver To: • Dealer ❑ Customer 0 Fulfilled from Dealer Inventory • Existing Customers Only: check box if Billing Address has changed. RENTAL INFORMATION FP Mailing Solutions 140 N. Mitchell Ct, Ste 200 Addison, IL 60101-5629 Tel: (800) 341-6052 www.fp-usa,com Shipping & Installation Address (if diffe,ent than Biting) Customer. Department: Street: City: County: State: Zip: Tel: Fax: E-mail: Contact Name: Mailing Address: 0 Same as Billing ❑ Existing Customers Only check box if Shipping & Install Address has changed, Quantity Item # Item Description Monthly Rate Rental Billing Delivery (select one) 1 P400C PostBase Vision A5 PSD * included ■ Electronic Billing 1 UNL Unlimited Resets included 17 Paper Billing 1 RGPOST PostBase RateGuard included Rental Billing Frequency (setecfone) `Equipment & Attributes must be purchased separately ■ Annual Billing 1 Vision360 Online analytics and reporting ❑ Semi -Annual Meter Included in GAL Payment © Quarterly Billing Note: If a payment option is not selected, FP will default to Quarterly Paper Billing, Tenn of Contract: 63 months* Total Monthly Payment Terms and Conditions: By signing below, I hereby acknowledge and agree that FP's standard shipping rates and the additional terms and conditions available on the FP website at www.fp-usa.comfterms-conditions are applicable to, and incorporated by reference into, this agreement (If you do not have access to the intemet, please contact FP directly at 800.341.6052 and we will provide you with a copy for your records.) ` 36 Month Initial Term will apply unless otherwise indicated above. CUSTOMER ACCEPTANCE (please complete all fields) Customer Acceptance of Terms Dealer Information Print Name of Authorized Representative; Selling Dealer Name:American Mailing Machines Dealer 7010 Tel: 763-473-4643 Address: 12150 Nicollet Ave Burnsville, MN 55337 Tax JD: 41-6009009 state: MN Tel: 952-894-4204 Fax 952-894-7903 Authorized Signature: X sales Representative Name: Brent Schoenwald Date: Servicing Dealer Name: American Mailing Machines svc. Dealer #: 7010 DEALER & INTERNAL USE ONLY CI New Customer 0 Upgrade / Model Change 0 Renewal (no change of equipment) ❑ Cotermnous Add -On ❑ Change of Ownership Existing Account No. I] Lease Company GAL 0 Major Account 0 GSA! State Contract No.. Master Billing Acct. No. Master Postage Acct. No. Promo Code. Package Code PV5L ❑ Pnce or Terms Exception Approval (Form Attached) 0 USPS® Location (CPU Letter Attached) ❑r Tax -Exempt (Ceihfcate Attached) FM_MG_RENTAGRI2 Page 1 revised 4/312018 MAILING MACHINES A Division of Northland Business Systems Equipment Maintenance Agreement Company: City of Medina Install Address: Address: 2052 County Road 24 Medina, MN 55340 Contact: Jodi Gallup Phone: 763-473-8850 Fax: Note: Equipment Model # Description Serial Number Billing Terms Cost per Term 1- FP Postbase A5 Automatic Mailing System i IEMATotal: I Equipment Maintenance Agreement includes Parts, Labor, Training, Phone and on -site service (7 county metro area)(see page 2 :Terms of Agreement"). Equipment Maintenance Agreement does not include negligence or consumables(see page 2"Terms of Agreement"). The terms and conditions shown on both page 1 and page 2 of this agreement are complete and exclusive statement of our agreement to service. Commencement date of this agreement shall be the installation date of the equipment. Special Provisions: All maintenance provided for attached GAL lease term. Customer Customer's Printed Name: Date: Customer's Signature: Phone: Position: PO Number: American Mailing Acceptance Account Executive: Brent Schoenwald Account Executive Signature: Date: American Mailing Machines, Inc. 12150 Nicollet Ave Burnsville, MN 55337 GOVERNMENTAL ENTITIES ADDENDUM This is an addendum ("Addendum") to and part of that certain agreement between GreatAmerica Financial Services Corporation ("we", "us", "our") and City of Medina ("Governmental Entity", "you", "your"), which agreement is identified in our records as agreement number ("Agreement"). All capitalized terms used in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement. APPLICABLE TO GOVERNMENTAL ENTITIES ONLY You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to execute the Agreement on your behalf; (b) all required procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c) the Equipment will be operated and controlled by you and will be used for essential government purposes for the entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038 -GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to return the Equipment and terminate the Agreement on the last day of the fiscal period for which funds were available, without penalty or additional expense to you (other than the expense of returning the Equipment to the location designated by us), provided that at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political subdivision or agency of the state in which you are located; (b) funds have not been appropriated for the applicable fiscal period to pay amounts due under the Agreement; (c) such non -appropriation did not result from any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law precludes you from entering into the Agreement if the Agreement constitutes a multi -year unconditional payment obligation. If and to the extent that the items financed under the Agreement is/are software, the above -referenced certificate shall also include certification that the software is no longer being used by you as of the termination date. The undersigned, as a representative of the Governmental Entity, agrees that this Addendum is made a part of the Agreement. GOVERNMENTAL CERTIFICAT I, THE UNDERSIGNED, HEREBY CERTIFY THAT, AS OF THE DATE OF THE AGREEMENT, (A) THE INDMDUAL WHO EXECUTED THE AGREEMENT HAD FULL POWER AND AUTHORITY TO EXECUTE THE AGREEMENT AND (B) THE REPRESENTATIONS SET FORTH ABOVE IN THE PARAGRAPH TITLED "APPLICABLE TO GOVERNMENTAL ENTITIES ONLY" ARE TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. SIGNATURE: X ! NAME TITLE GreatAmerica Financial Services Corporation DATE - SIGNATURE PRINT NAME & TITLE DATE VG47NAMC_O818 © 2018 Tegrete Corporation revised 8/2018 This Managed Services Agreement (this “Agreement”), is entered into by and between Tegrete Corporation (Tegrete) and the City of Medina. Facility related services, including sourcing and supplier management (collectively the “Services”) will be managed by Tegrete, in accordance with the terms of this Agreement, together with all subsequent Addendums. Services Managed: Tegrete shall manage the Services at the facilities (collectively the “Facilities”) described in subsequent Addendums or as requested by City of Medina through a Work Order. All specifications for the Services shall be set forth in the Addendums or in the Work Order. Additional Addendums may be added to the Managed Services Agreement to reflect additional services managed by Tegrete. 1.Service Providers: Tegrete shall contract with third party service providers (collectively, “Service Providers”) in order to provide the Services in accordance with the terms of this Agreement and the Addendums. a.Tegrete agrees to have all Service Providers furnish all labor and materials necessary to perform the Services. Tegrete and the Service Providers may also maintain an inventory log of miscellaneous supplies that are reasonably required in connection with the delivery and completion of the Services , such as consumables, light bulbs, and materials for projects that are within the scope of the Services, and City of Medina will reimburse Tegrete for its reasonable, documented, out-of-pocket, third party expenses incurred in acquiring such supplies. Tegrete (and any Service Provider) shall contact City of Medina and receive prior written approval before purchasing any supplies in connection with the Services in excess of $500. b.Tegrete will ensure City of Medina representative has all Service Provider compliance documentation (i.e. MSDS, permit, etc.) and all documentation will be placed in proper accessible locations in each Facility. c.Tegrete will obtain proof of clearance from a national background check on each Service Provider employee engaged in providing services under this Agreement prior to the commencement of such services. i.Exclusions: will occur whereas a City of Medina staff member requests an “Emergency Response” requiring less than 24 hours’ notice or for exterior ONLY services. Initial d.All Tegrete employees and Service Providers will be required to sign Tegrete’s Client Confidentiality Agreement for the purposes of having access to City of Medina’s Facilities. Any breach by an employee or Service Provider may result in the termination of all or part of their employment or Service Provider Agreement, and Tegrete shall indemnify and hold harmless City of Medina from any and all losses incurred as a result of such breach. Initial Managed Services Agreement DocuSign Envelope ID: C808F886-58DF-41F7-A3B4-BFC288ED41D0 Agenda Item # 5C © 2018 Tegrete Corporation revised 8/2018 2. Site Access: City of Medina agrees to allow an authorized Tegrete employee to walk all Service Providers through City of Medina Facility on behalf of City of Medina for reasons of site audits, inspections or corrective actions. City of Medina agrees to have a Tegrete employee perform group tours with Service Providers on behalf of City of Medina for the purpose of performing RFP’s for cleaning services, HVAC, maintenance services or miscellaneous project work requested by City of Medina for the purpose of switching Service Providers, adding services, changing services or market analysis. Initial 3. Policies and Procedures: Tegrete will instruct its employees and Service Providers to follow policies pertaining to the following: a. Equal Opportunity: In compliance with all applicable federal, state, and local laws, ordinances, rules, and regulations relating to equal opportunity and nondiscrimination, Tegrete and all Service Providers agree, that they will not discriminate against applicants or employees on the basis of any race, color, creed, sex, gender identity, age, disability (including AIDS), national origin, religion, marital status, pregnancy, childbirth or related medical conditions, sexual orientation or any other personal characteristic protected by applicable law. b. Sexual Harassment: Tegrete is committed to providing a positive environment for City of Medina and its employees. Consistent with state and federal law, Tegrete will work to ensure that the rights of individuals associated with City of Medina to receive service or work in a City of Medina facility without sexual harassment are maintained. c. Indemnification: Tegrete agrees to be responsible for and to protect, hold harmless and indemnify City of Medina and its employees from and against all loss, damage, cost and expense (including attorney’s fees) suffered or sustained by City of Medina or for which City of Medina may be held or become liable by reason of injury (including death) to persons or prop erty or other causes whatsoever, in connection with the operations of any Service Provider under this Agreement. Nothing herein, however, is intended to nor shall it relieve City of Medina from liability for its own acts, omissions or negligence. d. Employee List: Tegrete will provide City of Medina with an Employee List that may include the names (last, first, and middle) and dates of birth for any person providing service there upon request and to the extent permissible by law. This list will also indicate that the persons providing service are legally allowed to work within the United States. Initial 4. Hold Harmless: Tegrete agrees to indemnify and hold City of Medina, its officers, directors, shareholders and employees harmless from any claims resulting from Tegrete’s failure to comply with this Agreement, and from Tegrete’s unlawful disclosure or use of data protected under state and federal laws. Initial DocuSign Envelope ID: C808F886-58DF-41F7-A3B4-BFC288ED41D0 © 2018 Tegrete Corporation revised 8/2018 5. Agreement Terms: a. TERM: The term of this Agreement shall be for a period of Three (3) years from the Effective Date and thereafter will automatically renew on anniversary date under the same terms and conditions; provided, however, that Tegrete may suspend Service Provider’s services, upon fifteen (15) days written notice, in the event that City of Medina fails to make any payments required by this Agreement without cancelling this Agreement or invalidating City of Medina’s obligations. However, City of Medina shall have fifteen (15) days to cure any payment default. Either party shall give written notice of termination at least sixty (60) days in advance of the anniversary date not to renew. In the event of a material breach by Tegrete, City of Medina may terminate the contract with thirty (30) days written notice. b. SCOPE OF WORK: Tegrete agrees to manage the Services as requested by a Work Order or as outlined in the Addendums and signed by City of Medina. Upon request of City of Medina, Tegrete may manage other services listed on additional Addendums under the same terms and conditions. c. PROCUREMENT AND SOURCING: All procurement and sourcing will be completed internally by Tegrete’s staff for the purpose of obtaining Services for the Facilities. City of Medina agrees that Tegrete will complete all sourcing using Tegrete’s internal and external network of Service Providers to obtain fair market value pricing on behalf of City of Medina. Once Tegrete has completed a request for proposal (RFP) project, Tegrete will present designated City of Medina representative with analysis of collected quotes including overhead in a comparison format. City of Medina and Tegrete will jointly decide on the winning bidder. d. Tegrete will be responsible for handling all transitions and legal documentation from Service Provider by obtaining all proper documentation and signed Agreements. e. PRICING: Contract pricing for the Services outlined in the Addendum(s) will be the agreed upon pricing by Tegrete and City of Medina. Pricing will be submitted via bid submittal report to City of Medina and approved by an authorized signature after all Service Provider proposals have been submitted and reviewed by both parties. Pricing for Work Orders will be obtained through an estimate or quote and will be agreed upon by Tegrete and City of Medina prior to commencing work. In consideration of the faithful performance by Tegrete’s Service Providers, City of Medina agrees to pay to Tegrete the agreed upon pricing plus applicable local state taxes once all proposals have been received, reviewed and approved by both parties. The pricing agreed upon by both parties may change due to a change in Service Providers or services rendered under the Addendum for that service. The amount to be paid by City of Medina will be due upon completion of Services for miscellaneous or Work Order service requests (e.g. handyman and maintenance, plumbing and electrical). All scheduled services (e.g. HVAC preventive maintenance, janitorial, lawn care, snow removal) are net 30, via ACH. All invoices over thirty (30) days past due will automatically accrue a five percent (5%) finance charge on remaining balances. If Service Provider elects to terminate services due to delinquent payment by City of Medina, Tegrete may alter pricing or services. Tegrete will attempt to replace the Service Provider for an additional cost of two hundred dollars ($200) per service per location. IMPORTANT NOTE: Service Providers will not receive payment for Services rendered until Tegrete receives payment from City of Medina. DocuSign Envelope ID: C808F886-58DF-41F7-A3B4-BFC288ED41D0 © 2018 Tegrete Corporation revised 8/2018 f. NO SOLICIATION: It is agreed that City of Medina or its staff may not at any time solicit or render the services of Tegrete’s staff or Service Providers, other than incumbent City of Medina Service Providers, for a period of one hundred and twenty (120) days after a cancellation of this Agreement not as a result of a default by Tegrete. In addition, during the term of this Agreement, all communication, correspondence and/or additional work orders must be presented to Tegrete’s management staff in place of or in addition to Tegrete’s Service Provider. g. City of Medina agrees that if City of Medina requests Tegrete to procure and source Service Providers for any of the Services as outlined in the Addendums and City of Medina decides not to utilize Tegrete to manage those services as provided in the RFP bid results, City of Medina will be responsible for fees associated with sourcing the mentioned services at two-hundred dollars ($200) per location, per service plus any travel expenses associated with this project. However, if City of Medina moves forward by authorizing Tegrete to manage the ap proved Service Providers for the term of this Agreement, or the project as outlined in the RFP, all sourcing expenses will be waived. Initial 6. Insurance: a. Upon execution of this Agreement, and prior to commencing any work or services with regard to Facility management, Tegrete will provide proof of auto liability and workers compensation insurance, commercial general liability insurance, $1,000,000 per occurrence and $2,000,000 general aggregate. Additionally, Tegrete carries a commercial liability umbrella policy of $4,000,000. b. It is expressly agreed that Tegrete is not, and shall not, be an employee, joint venture or partner of City of Medina. Tegrete is a third-party management company and will not be within the protection of coverage of City of Medina Workers Compensation Insurance and no withholding of social security, federal, or state income tax or other deductions shall be made from the sums agreed to be paid to Tegrete herein. Initial 7. Resolution of Disputes: The parties agree that prior to commencing legal action to enforce or interpret this Agreement, that they will first attempt in good faith to amicably resolve such dispute within thirty (30) days by negotiations between senior executives of the parties who have authority to settle the matter. If the parties are unable to resolve the dispute and legal action is required, such action shall be held in Minneapolis, Minnesota. The parties further agree that this Agreement shall be governed by the laws of the Stat e of Minnesota, regardless of conflict of law principles. The prevailing party in any legal proceedings shall receive its reasonable attorney’s fees and legal costs in addition to any other relief that may be granted by the Court. Initial 8. Miscellaneous: DocuSign Envelope ID: C808F886-58DF-41F7-A3B4-BFC288ED41D0 © 2018 Tegrete Corporation revised 8/2018 a. Except as expressly provided to the contrary in this Agreement, every notice or other communication to be given by either party to the other with respect hereto shall be in writing and shall not be effective for any purpose unless the same is given in accordance with this Section. By notice to the other sent in accordance with this Section, either party may change its notice address. Each notice must be in writing and will be validly given if either: (i) the notice is personally delivered; or (ii) the notice is delivered by private carrier (e.g., Federal Express) and receipt is acknowledged in writing. If the party to receive notice refuses to acknowledge its receipt in writing, then notice may be validly given by mailing the notice first-class, certified or registered mail, postage prepaid, return receipt requested, and the notice will be deemed received by the party two (2) business days after the notice’s deposit in the U.S. Mail. All notices shall be sent to the following addresses: If to Tegrete: _Teresa M Carlson, CEO _4111 MacKenzie Court NE #100 St Michael, MN 55376 If to City of Medina: __________________________ __________________________ __________________________ b. Entire Agreement. This Agreement is deemed integrated and contains all of each party’s representations, waivers and obligations. The parties may only modify or amend this Agreement in a writing that is fully executed and delivered by both parties. c. Successors. Unless provided to the contrary elsewhere in this Agreement, this Agreement binds and inures to the benefit of each party’s heirs, successors and permissible assignees. d. No Waiver. A party’s waiver of a breach of this Agreement will not be considered a waiver of any other breach. No custom or practice that develops between the parties will prevent either party from requiring strict performance of the terms of this Agreement. e. Independent Covenants. The covenants of this Agreement are independent. A court’s declaration that any part of this Agreement is invalid, void or illegal will not impair or invalidate the remaining parts of this Agreement, which will remain in full force and effect. f. Captions. The use of captions, headings, boldface, italics or underlining is for convenience only, and will not affect the interpretation of this Agreement. g. Authority. Individuals signing this Agreement on behalf of either party represent and warrant that they are authorized to bind that party. h. Time. Time is of the essence as to all provisions in this Agreement in which time is a factor. DocuSign Envelope ID: C808F886-58DF-41F7-A3B4-BFC288ED41D0 © 2018 Tegrete Corporation revised 8/2018 i. In the event Tegrete wishes to propose pricing increases for any services in the Addendums, Tegrete shall notify the City of Medina in writing with the proposed pric ing at least 90 days in advance of the contract renewal date. Tegrete and the City of Medina must mutually agree upon the proposed pricing by signing updated Addendums, which would then become effective on the anniversary date of the contract. Initial This Agreement shall become effective (the “Effective Date”) as of 11/1/2019. Tegrete Corporation City of Medina Signature: ______________ Signature: (Authorized signature only) Printed Name: Teresa Carlson Printed Name: Date: 9/12/2019 Date: DocuSign Envelope ID: C808F886-58DF-41F7-A3B4-BFC288ED41D0 Jodi Gallup Location Effective Date Te g r e t e R e c o m m e n d a t i o n In d i c a t e S P s e l e c t i o n h e r e (X )Scope of Work Cleaning Frequency (# days per week)Days of Week Monthly Contract Amount Police Department 11/1/2019 X X SOW J City of Medina 2-2017 2 Mon & Thu $ 361.00 Public Works 11/1/2019 X X SOW J City of Medina 2-2017 2 Mon & Thu $ 429.00 City Hall 11/1/2019 X X SOW J City of Medina 2-2017 2 Mon & Thu $ 565.00 City of Medina Tegrete Corporation Signature: ______________________________________________Signature: Print Name: _____________________________________________Print Name: ___Teresa Carlson______________________ Date: ___________________________________________________Date: ______9/4/2019________________________________ Janitorial Managed Services Agreement Addendum No other terms or conditions of the above mentioned Managed Services Agreement shall be negated or changed as a result of this here stated Addendum. City of Medina agrees to pay the above selected prices, in consideration of the of the Exhibit(s) referred to herein. This document is in reference to a Managed Services Agreement with an effective date of 11/1/2019 between Tegrete Corporation and City of Medina. May it be known that the undersigned parties, for good consideration, do hereby agree to make the following additions as outlined below. These additions shall be made valid as if they are included in the original stated contract. The parties agree that wherever there is any conflict between this Addendum and the Managed Services Agreement, the provisions of this Addendum will control and the Managed Services Agreement will be construed accordingly. Please select a vendor for each service, at each location, by placing an (X) in the shaded column below. Page 1 of 1 DocuSign Envelope ID: C808F886-58DF-41F7-A3B4-BFC288ED41D0 Jodi Gallup 1 CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING RESIDENTIAL SETBACKS AND ENCROACHMENTS; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 825.21 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 825.21. Required Yards and Open Space. Subd. 1. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. Subd. 2. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open space, or minimum lot area requirements for any other building. Subd. 3. The following shall not be considered to be encroachments on yard requirements. (a) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than two feet into a yard. (b) Yard lights and name plate signs as regulated herein. (c) Terraces, steps, uncovered porches, stoops or similar structures which do not extend in elevation above the height of the ground floor elevation of the principal building and do not extend to a distance of less than five feet from any lot line. (d) In rear yard: bays not to exceed a depth of two feet nor to contain an area of more than 20 square feet; fire escapes not to exceed a width of three feet; balconies which extend no more than three feet into a yard, breezeways, detached outdoor picnic shelters and recreational equipment, and off-street parking except as regulated in Section 11.05, Subd. 3. (e) In front or rear yards: bays not to exceed a depth of two feet nor to contain an area of more than 20 square feet. (f) Window wells and their associated covers, air conditioning equipment and generators which do not extend into drainage or utility easements. Agenda Item # 5D 2 Subd. 4. Buildings may be excluded from side yard requirements if party walls are utilized or if the adjacent buildings are planned to be constructed as an integral structure and a conditional use permit is secured. Subd. 5. Lots which abut on more than one street shall provide the required front yards along every street. Subd. 6. Where adjoining structures existing on the effective date of this Chapter have a different setback from that required, the front setback of a new structure shall conform to the average prevailing setback in the immediate vicinity. On undeveloped lots in the shoreland overlay district which have two (2) adjacent lots with existing principal structures on both such adjacent lots, any new principal structure may be set back the average setback of the adjacent structures from the ordinary high water level but not within the shore impact zone, provided all dimensional and sanitary provisions of this ordinance are met. Subd. 7. In areas served by private wells or private sewage disposal systems, the Zoning Administrator may require larger lots than required by the zoning districts if soil tests indicate that a larger lot is necessary to insure the sanitary function of such system. Subd. 8. Structures utilizing an individual sewage treatment system shall be set back from the ordinary high water level of all public waters designated in section 827.03 of this ordinance the distance required by section 827.06 of this ordinance or such greater distance as may be required by any other applicable ordinance or regulation. No structure, except boat houses, piers, and docks, shall be placed at an elevation such that the lowest level, including basement floors, is less than three feet above the ordinary high water level or the highest known water level, whichever is greater. All structures shall also be constructed in compliance with section 826.75 et seq. of this ordinance. Subd. 9. No building permit shall be issued for any lot or parcel which does not abut a dedicated street, or a private roadway in conformance with City regulations. Subd. 10. No lot area shall be developed with impervious cover such as parking lot or driveway or buildings covering 60% or more of the lot area. Subd. 11. No antenna exceeding a height of l-1/2 times the principal structure's height or twice the distance of a structure's side yard setback, whichever is less, shall be permitted. All antennas in height five feet above the principal structure shall require a conditional use permit. 3 SECTION II. Section 826.26.6 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 826.26.6. (SR) Lot Area, Height, Lot Width and Yard Requirements. Subd. 1. No building shall exceed two and one-half (2-1/2) stories or thirty (30) feet in height, as defined in section 825.07, subd. 12, except as regulated by Subd. 3 of this section. Subd. 2. The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance: (a) Minimum lot size: 30,000 sq. ft. (b) Minimum lot width: 100 feet (c) Minimum lot depth: 125 feet (d) Front yard setback: 35 feet (e) Side yard setback: 15 feet (f) Rear yard setback: 40 feet (g) Increased setback adjacent to Major Collector or Arterial Roadway: Notwithstanding the setback requirements above, the required yard setback from a property line adjacent to a Major Collector or Arterial Roadway shall be to 50 feet. An unroofed deck with a floor no higher than the main level of the structure may encroach up to 10 feet into the increased yard setback adjacent to a Major Collector or Arterial Roadway. Subd. 3. The height of single family detached residences may exceed 30 feet, but may not exceed 40 feet or two and one-half (2 1/2) stories, if the following standards are met: (a) Accurate building plans and elevation drawings shall be submitted to the City; (b) The residence shall be constructed with side and rear yard setbacks at least twice as great as those specified in Subd. 2 of this section; (c) Those portions of the residence greater than 30 feet in height shall be uninhabited and not planned for storage; (d) Those portions of the residence greater than 30 feet in height shall be no larger than 500 sq. ft. or shall be divided into spaces no greater than 500 sq. ft. and separated by an approved draft stop. (e) The height from the lowest ground level (and 8 feet out) to the eave shall be no greater than 30 feet; and (f) There shall be a two (2) story height limitation at the driveway or point of access to the residence. 4 SECTION III. Section 826.35 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 826.35. (UR) Lot Area, Height, Lot Width, and Yard Requirements. Subd. 1. No buildings hereafter erected shall exceed two and one half (2 l/2) stories or thirty (30) feet in height. Subd. 2. The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. Minimum Lot Area (Single-family detached) 9,000 sq. ft. Minimum Lot Width (Single-family detached) 60 feet Front Yard 30 feet Side Yard 10 feet Rear Yard 30 feet Minimum Lot Depth 100 feet Subd. 3. (a) Where adjoining structures existing on the effective date of this Ordinance have a shorter front setback from that required, the front setback of a new structure shall conform to the average of the front setback observed by the adjoining houses on either side, but not less than 20 feet. (b) Notwithstanding the standards set forth in Subd. 2. of this Section, the required yard setback from a property line adjacent to a public or private street shall be based on the classification of the street in the Comprehensive Plan as follows: (1) Minor Collector Roadway: 35 feet (2) Major Collector or Arterial Roadway: 50 feet (3) Notwithstanding the requirements above, an unroofed deck with a floor no higher than the main level of the structure may encroach up to 10 feet into the increased yard setback adjacent to a Collector or Arterial Roadway. SECTION IV. Section 840.1.05 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 840.1.05. (R1) Lot Standards. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code: Subd. 1. Density of Development: Development or redevelopment shall be consistent with the density requirements of the Comprehensive Plan. 5 Subd. 2. Minimum Lot Size: 11,000 square feet Subd. 3. Minimum Lot Width: 90 feet. The minimum lot width shall be increased to 110 feet for a lot with a side yard adjacent to a collector or arterial roadway. Subd. 4. Minimum Lot Depth: 100 feet. The minimum lot depth shall be increased to 115 feet for a lot adjacent to a Collector or Arterial Roadway. Subd. 5. Minimum Front Yard Setback: 25 feet, except as follows: (a) Additional setback for garage doors facing streets: Garage doors which face a street shall be set back a minimum of 30 feet. (b) Reduced setback for side-load garage: The front yard setback may be reduced to 20 feet if garage doors do not face the street and if garage walls facing the street include a window or architectural elements to give the appearance of living space. Subd. 6. Minimum Rear Yard Setback: 30 feet. The rear yard setback may be reduced to 20 feet if abutting a preserved open space or common area, but may not be reduced if abutting public park property. Subd. 7. Minimum Interior Side Yard Setback: 25 feet combined total for both side yards, with neither side less than 10 feet. The combined interior side yard setback shall be reduced to 20 feet if garage doors do not face the street. Subd. 8. Street Setbacks: A required yard setback adjacent to a public or private street shall be increased based on the classification of the street in the Comprehensive Plan as follows: (a) Local Roadway or Private Street: 25 feet, except as follows: (i) Additional setback for garage doors facing streets: Garage doors which face a street shall be set back a minimum of 30 feet. (ii) Reduced setback for side-load garage: The front yard setback may be reduced to 20 feet if garage doors do not face the street and if garage walls facing the street include a window or architectural elements to give the appearance of living space. (b) Minor Collector Roadway: 35 40 feet (c) Major Collector or Arterial Roadway: 50 feet (d) Notwithstanding the requirements above, an unroofed deck with a floor no higher than the main level of the structure may encroach up to 10 feet into the increased yard setback adjacent to a Collector or Arterial Roadway. Subd. 9. Maximum Impervious Surface Coverage: 40 percent of the total lot area. Impervious surface coverage may exceed this amount if stormwater management practices are implemented on the lot which, according to the City Engineer, reduce runoff below that which would occur if abiding by the maximum impervious surface regulation. However, in no case shall impervious surface coverage exceed 60 percent of the lot area remaining after wetlands and stormwater ponds have been excluded. 6 SECTION V. Section 840.2.05 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 840.2.05. (R2) Lot Standards. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code: Subd. 1. Density of Development: Development or redevelopment shall be consistent with the density requirements of the Comprehensive Plan. Subd. 2. Minimum Lot Size (Single Family Detached): 8,000 square feet Subd. 3. Minimum Lot Size (Two Family Dwelling): 5,000 square feet per unit Subd. 4. Minimum Lot Width (Single Family Detached): 60 feet. The minimum lot width shall be increased to 90 feet for lots with a side yard adjacent to a collector or arterial roadway. Subd. 5. Minimum Lot Width (Two Family Dwelling): 50 feet per unit. The minimum lot width shall be increased to 70 feet for a unit with a side yard adjacent to a collector or arterial roadway. Subd. 6. Minimum Lot Depth: 90 feet. The minimum lot depth shall be increased to 115 feet for a lot adjacent to a Collector or Arterial Roadway. Subd. 7. Minimum Front Yard Setback: 25 feet, except as follows: (a) Additional setback for garage doors facing streets: Garage doors which face a street shall be set back a minimum of 30 feet. (b) Reduced setback for side-load garage: The front yard setback may be reduced to 20 feet if garage doors do not face the street and if garage walls facing the street include a window or architectural elements to give the appearance of living space. Subd. 8. Minimum Rear Yard Setback: 25 feet. The rear yard setback may be reduced to 15 feet if abutting a preserved open space or common area, but may not be reduced if abutting public park property. Subd. 9. Minimum Interior Side Yard Setback (Single Family Detached): (a) The combined total of both side yards shall be a minimum of 15 feet (b) Neither side yard shall be less than 5 feet (c) One of the side yards shall be 10 feet or greater Subd. 10. Minimum Interior Side Yard Setback (Two Family Dwelling): 10 feet, except the side yard setback shall be reduced to zero for the common wall between two dwelling units. 7 Subd. 11. Street Setbacks: A required yard setback adjacent to a public or private street shall be increased based on the classification of the street in the Comprehensive Plan as follows: (a) Local Roadway or Private Street: 25 feet, except as follows: (i) Additional setback for garage doors facing streets: Garage doors which face a street shall be set back a minimum of 30 feet. (ii) Reduced setback for side-load garage: The front yard setback may be reduced to 20 feet if garage doors do not face the street and if garage walls facing the street include a window or architectural elements to give the appearance of living space. (b) Minor Collector Roadway: 35 40 feet (c) Major Collector or Arterial Roadway: 50 feet (d) Notwithstanding the requirements above, an unroofed deck with a floor no higher than the main level of the structure may encroach up to 10 feet into the increased yard setback adjacent to a Collector or Arterial Roadway. Subd. 12. Maximum Impervious Surface Coverage: 50 percent of the total lot area. Impervious surface coverage may exceed this amount if stormwater management practices are implemented on the lot which, according to the City Engineer, reduce runoff below that which would occur if abiding by the maximum impervious surface regulation. However, in no case shall impervious surface coverage exceed 60 percent of the lot area remaining after wetlands and stormwater ponds have been excluded. SECTION VI. Section 841.1.05 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 841.1.05. (R3) Lot Standards. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code. Many of these standards may be applied across a coordinated development so that individual lots may not meet all requirements (lot area and impervious surface coverage, for example) but the development as a whole is consistent with the standards. In these situations, the city shall require documentation which describes the property which is subject to the coordinated development. Subd. 1. Density of Development: Development or redevelopment shall be consistent with the density requirements of the Comprehensive Plan. Subd. 2. Minimum Net Area per Unit: 7,920 square feet per unit, except as modified by Subd. 4 below. Subd. 3. Maximum Net Area per Unit: 8,700 square feet per unit Subd. 4. Density Bonuses: Certain design and construction features serve to reduce the real and perceived impacts of crowding prevalent in multiple-residential dwelling units and building complexes. The Minimum Net Area per Unit requirement above may be reduced in accordance to the following, except that total reductions shall not exceed 1,700 square 8 feet of Net Lot Area per unit to ensure the density after the bonus(es) is consistent with the Comprehensive Plan. (a) Affordable Housing (max. reduction = 1,700 square feet of Net Lot Area per Unit). The density bonus shall be based on the proportion of units which will be preserved as affordable housing and the nature of the restriction utilized to maintain affordability. (b) LEED Certification or similar (max. reduction = 1,220 square feet of Net Lot Area per Unit). The density bonus shall be based upon the level of certification, with the full bonus available for the highest level of certification. (c) Low impact development (max. reduction = 1,220 square feet of Net Lot Area per Unit). The density bonus shall be based on the water quality improvements above those required by the city. (d) Underground Parking (max. reduction = 1,220 square feet of Net Lot Area per Unit). The density bonus shall be based upon the number of parking stalls provided, with the full bonus available if at least one underground space is provided per dwelling unit. (e) Sound suppression (max. reduction = 660 square feet of Net Lot Area per Unit). In order to be eligible, the STC rating must be increased by ten from that specified as the minimum in the Minnesota State Building Code. (f) Oversized garages or lockable storage units (max. reduction = 350 square feet of Net Lot Area per Unit). Additional storage must be at least 60 square feet for townhomes or 25 square feet for other uses. (g) Common open space and shared recreational facilities (max. reduction = 350 square feet of Net Lot Area per Unit) Subd. 5. Minimum Setback from Perimeter of Site: 20 feet, except as modified below. This setback shall apply to structures, parking, and recreational areas. (a) Increase adjacent to less intensive zoning district. The setback adjacent to or across a street from property of a less intensive zoning district shall be increased to 40 feet. (b) Increase for required buffer yard. The required setback shall be increased when necessary to abide by buffer yard requirements. Subd. 6. Street Setbacks: The following yard setback shall be required adjacent to public or private streets. Structures, parking areas, and active recreational areas shall not be located within this setback area. The required yard setback shall be based on the classification of the street in the Comprehensive Plan as follows: (a) Private Street: 25 feet, except as follows: (i) Parking areas and recreational areas shall be exempt from this requirement. (ii) Reduction of setback for side- or rear-load garage: The front yard setback may be reduced to 15 feet if garage doors do not face the street and if garage walls facing the street include a window or architectural elements to give the appearance of living space. (b) Local Roadway: 40 feet (c) Collector or Arterial Roadway: 50 feet (c)(d) Notwithstanding the requirements above, an unroofed deck may encroach up to 10 feet into the increased yard setback adjacent to a Collector or Arterial Roadway. 9 Subd. 7. Minimum Setbacks between buildings within a development: 30 feet Subd. 8. Maximum Impervious Surface: 50 percent of the total lot area. Impervious surface coverage may exceed this amount if stormwater management practices are implemented which, according to the City Engineer, exceed stormwater retention and treatment regulations. However, in no case shall impervious surface coverage exceed 65 percent of the lot area remaining after wetlands and stormwater ponds have been excluded. SECTION VII. Section 843.04 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 843.04. (MXR-1 and MXR-2) Single Family and Two Family Residential Lot Standards. The following standards shall be observed for all single-family and two-family residential uses, subject to additional requirements, exceptions and modifications set forth in the City Code. Subd. 1. Density of Development and Number of Units: Development or redevelopment shall be consistent with density and number of unit requirements in the Comprehensive Plan, the approved Mixed Residential Master Plan and Section 843 of the City Code. Subd. 2. MXR-1 Subdistrict Lot Standards. (a) Minimum Lot Width: 90 feet (b) Minimum Lot Depth: 90 feet. The minimum lot depth shall be increased to 115 feet for a lot adjacent to a Collector or Arterial Roadway (c) Minimum Front Yard Setback: 25 feet, except as follows: (a) Additional setback for garage doors facing streets: Garage doors which face a street shall be set back a minimum of 30 feet. (b) Reduced setback for side-load garage: The front yard setback may be reduced to 20 feet if no garage doors face a street and if garage walls facing the street include a window or architectural elements to give the appearance of living space. (d) Minimum Rear Yard Setback: 30 feet. The rear yard setback may be reduced to 15 feet if abutting a preserved open space or common area, but may not be reduced if abutting public park property. (e) Minimum Interior Side Yard Setback: 10 feet (f) Street Setbacks: The following yard setback shall be required adjacent to public or private streets. Structures, parking areas, and active recreational areas shall not be located within this setback area. The required yard setback shall be based on the classification of the street in the Comprehensive Plan as follows: 10 (a) Private Street: 25 feet. Parking areas and recreational areas shall be exempt from this requirement. (b) Local Roadway: 25 feet. (c) Collector or Arterial Roadways: 50 feet. (c)(d) Notwithstanding the requirements above, an unroofed deck with a floor no higher than the main level of the structure may encroach up to 10 feet into the increased yard setback adjacent to a Collector or Arterial Roadway. (g) Maximum Impervious Surface Coverage: 50 percent of the total lot area. Impervious surface coverage may exceed this amount if stormwater management practices are implemented which, according to the City Engineer, exceed stormwater retention and treatment regulations. However, in no case shall impervious surface coverage exceed 60 percent of the lot area remaining after wetlands and stormwater ponds have been excluded. (h) Maximum Building Height: All buildings shall meet all of the following requirements: (i) Building height shall not exceed 32 feet, but the maximum building height shall be increased to 35 feet if the structure is equipped with a compliant fire suppression system or if interior side yard setbacks are increased by 50 percent. (ii) No building shall exceed two and one-half stories in height, with a limitation of two stories facing a street. (iii) Maximum distance from ground to eave. In no case shall the vertical distance from the lowest ground level (at the footprint of the building and eight feet out) to the eave be greater than 32 feet. (i) The standards described in Section 843.04 Subd. 4 shall apply. Subd. 3. MXR-2 Subdistrict Lot Standards. (a) Density of Development and Number of Units: Development or redevelopment shall be consistent with density and number of unit requirements in the Comprehensive Plan and the approved Mixed Residential Master Plan. (b) Minimum Lot Width (Single Family Detached): 50 feet, except as noted below: (i) The minimum lot width shall be increased to 60 feet for corner lots with a side yard adjacent to a street. (ii) The minimum lot width shall be increased to 70 feet for lots with a side yard adjacent to a collector or arterial roadway. (c) Minimum Lot Width (Two Family Dwelling): 50 feet per unit. except as noted below: (i) The minimum lot width shall be increased to 60 feet for corner lots with a side yard adjacent to a street. (ii) The minimum lot width shall be increased to 70 feet for lots with a side yard adjacent to a collector or arterial roadway. 11 (d) Minimum Lot Depth: 90 feet. The minimum lot depth shall be increased to 115 feet for a lot adjacent to a Collector or Arterial roadway (e) Minimum Front Yard Setback: 25 feet, except as follows: (i) Additional setback for garage doors facing streets: Garage doors which face a street shall be set back a minimum of 30 feet. (ii) Reduced setback for side-load garage: The front yard setback may be reduced to 20 feet if no garage doors face a street and if garage walls facing the street include a window or architectural elements to give the appearance of living space. (f) Minimum Rear Yard Setback: 25 feet. The rear yard setback may be reduced to 15 feet if abutting a preserved open space or common area, but may not be reduced if abutting public park property. (g) Minimum Interior Side Yard Setback (Single Family Detached): 7.5 feet (h) Minimum Interior Side Yard Setback (Two Family Dwelling): 10 feet, except the side yard setback shall be reduced to zero for the common wall between two dwelling units. (i) Street Setbacks: The following yard setback shall be required adjacent to public or private streets. Structures, parking areas, and active recreational areas shall not be located within this setback area. The required yard setback shall be based on the classification of the street in the Comprehensive Plan as follows: (i) Private Street: 25 feet. Parking areas and recreational areas shall be exempt from this requirement. (ii) Local Roadway: 25 feet. (iii)Collector or Arterial Roadways: 50 feet. (iii)(iv) Notwithstanding the requirements above, an unroofed deck with a floor no higher than the main level of the structure may encroach up to 10 feet into the increased yard setback adjacent to a Collector or Arterial Roadway. (j) Maximum Impervious Surface Coverage: 50 percent of the total lot area. Impervious surface coverage may exceed this amount if stormwater management practices are implemented which, according to the City Engineer, exceed stormwater retention and treatment regulations. However, in no case shall impervious surface coverage exceed 60 percent of the lot area remaining after wetlands and stormwater ponds have been excluded. (k) Maximum Building Height: All buildings shall meet the following requirements: (i) Building height shall not exceed 32 feet, but the maximum building height shall be increased to 35 feet if the structure is equipped with a compliant fire suppression system or if interior side yard setbacks are increased by 50 percent. 12 (ii) No building shall exceed two and one-half stories in height, with a limitation of two stories facing a street. (iii)Maximum distance from ground to eave. In no case shall the vertical distance from the lowest ground level (at the footprint of the building and eight feet out) to the eave be greater than 32 feet. (l) The standards described in Section 843.04 Subd. 4 shall apply. SECTION VIII. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this _____ day of _________, 2019. ______________________________ Kathleen Martin, Mayor Attest: ___________________________________ Jodi M. Gallup, City Clerk Published in the Crow River News on the ____ day of _________, 2019. Resolution No. 2019-## DATE Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-## RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an ordinance regarding residential setbacks and encroachments; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 12 pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. ###, an ordinance regarding residential setbacks and encroachments. The ordinance amends city regulations to increase the setback adjacent to minor collector roadways within the R1 and R2 zoning district from 35 to 40 feet and increase the minimum lot depth adjacent to collector and arterials roadways within the R1, R2, and MXR districts to 115 feet. The ordinance allows decks to encroach up to 10 feet within setbacks adjacent to collector and arterial roadways. The ordinance also adds window wells, air conditioning equipment, generators and bay windows as allowed encroachments. The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Agenda Item # 5E Resolution No. 2019-## 2 DATE Dated: . ______________________________ Kathleen Martin, Mayor ATTEST: _________________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019- DATE Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2019-## RESOLUTION GRANTING APPROVAL OF CONDITIONAL USE PERMIT TO TIM AND MEGAN ELAM FOR FIVE ACCESSORY STRUCTURES AT 1582 HOMESTEAD TRAIL WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Tim and Megan Elam (the “Applicants”) own property located at 1582 Homestead Trail (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Applicants have requested a conditional use permit for the following accessory structures with the following footprint size on the Property: a. 1,980 square foot accessory dwelling unit b. 128 square foot gazebo c. 120 square foot child playhouse with a closed roof d. 441 square foot detached garage e. 591 square foot cabana; and WHEREAS, Section 825.19 of the City Code states that the City may grant a conditional use permit to allow for more than 2 accessory buildings for properties more than 5 acres; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested conditional use permit on August 13, 2019, heard testimony from the Applicants, City staff, and interested parties, and recommended approval subject to certain conditions; and WHEREAS, the City Council reviewed the request at the September 3, 2019 meeting, reviewed the testimony, and recommendation of the Planning Commission; and WHEREAS, following such review the City Council made the following findings: 1) The proposed accessory structures are consistent with the specific requirements for the conditional use as described in Section 825.19 and 826.98 of the City Code, subject to the conditions noted in this resolution. 2) The proposed uses are consistent with the general criteria described for conditional uses in Section 825.39 of the City Code. Agenda Item # 5F Resolution No. 2019- 2 DATE NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the conditional use permit for accessory structures of the size noted above, subject to the following terms and conditions: 1) The Applicants shall provide improvement for stormwater by reducing the amount of hardcover on the Property in the manner shown on the plans received by the City on July 15, 2019. 2) The cabana shall be of architectural design similar to that displayed in the information submitted July 15, 2019 3) The Applicants shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for Conditional Use Permit and variance. Dated: September 17, 2019. By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ 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. 2019- 3 DATE EXHIBIT A Legal Description of the Property The Southwest 1/4 of the Southwest 1/4 of Section 21, Township 118 North Range 23, West, except the West 460 feet of the South 570 feet thereof, according to the United States Government Survey thereof, Hennepin County, Minnesota. Together with an easement for ingress, and egress and way for driveway purposes on, over and upon that part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 118 North, Range 23 West of the Fifth Principal Meridian, lying Northeast of the Northeasterly right of way line of County Road 201 and Westerly of a line described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence East along the North line of said Northwest Quarter of the Northwest Quarter, a distance of 483 feet to the point of beginning of the line being described; thence deflecting right 95 degrees to the Northeasterly right of way line and there ending Resolution No. 2019-## September 17, 2019 Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2019-## RESOLUTION GRANTING CONDITIONAL USE PERMIT AND VARIANCE TO TIM AND MEGAN ELAM FOR AN ACCESSORY DWELLING UNIT AT 1582 HOMESTEAD TRAIL WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Tim and Megan Elam (the “Owners”) own property located at 1582 Homestead Trail (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owners have requested a conditional use permit to classify the existing house on the property as an accessory dwelling unit; and WHEREAS, the existing dwelling has 2,091 square feet of habitable space and four bedrooms; and WHEREAS, Section 826.98 of the City Code states that accessory dwelling units cannot have more than 1,000 square feet of habitable space nor have more than 2 bedrooms; and WHEREAS, the Owners have requested a variance to increase the allowable habitable space of an accessory dwelling unit to 2,091 square feet and to increase the allowable number of bedrooms to four; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested variance on August 13, 2019, heard testimony from the Owners, City staff, and interested parties, and recommended approval subject to certain conditions; and WHEREAS, the City Council reviewed the request at the September 3, 2019 meeting, reviewed the testimony, and recommendation of the Planning Commission; and WHEREAS, following such review the City Council made the following findings: 1) The Property had an 18,000 square foot dwelling in conjunction with the existing dwelling until the previous property owners demolished the larger dwelling in October 2017, which was less than two years before the Owners bought the Property. 2) The proposed variance is not inconsistent with the Comprehensive Plan and is not inharmonious with the general purposes and intent of the Zoning Ordinance, because the Property is comparatively large and appears to be large enough to be subdivided Agenda Item # 5G Resolution No. 2019- 2 DATE in a way which would allow for two dwellings to be built within the same geographic area. 3) The history of the Property having two dwelling units and the fact that the larger principal dwelling was demolished recently before the Applicants purchased the Property is a unique circumstance and created a practical difficulty because the Applicants reasonably expected that they could build a new principal dwelling. 4) With the variance granted herein, the dwelling proposed to be used as an accessory dwelling unit is consistent with the specific requirements for the conditional use as described in Section 825.19 and 826.98 of the City Code, subject to the conditions noted in this resolution. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants conditional use permit and variance approval to Tim and Megan Elam for the existing dwelling on the Property to be used as an accessory dwelling unit, subject to the following terms and conditions: 1) This conditional use permit shall become effective upon construction of a new single- family home on the Property. 2) The single-family dwelling and accessory dwelling unit shall not be conveyed separately and shall at all times be under common ownership. 3) The Owners shall occupy either the principal single-family dwelling or the accessory dwelling unit as their primary residence. 4) The Owners shall abide by all conditions of Medina City Code Section 826.98, Subd. 2(p). 5) The Owners shall obtain a permit for the new dwelling on the Property within one calendar year of adoption of this resolution, or the variance and conditional use permit shall be null and void. 6) The Owners shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for conditional use permit and variance. Resolution No. 2019- 3 DATE Dated: September 17, 2019. By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _____ 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. 2019- 4 DATE EXHIBIT A Legal Description of the Property The Southwest 1/4 of the Southwest 1/4 of Section 21, Township 118 North Range 23, West, except the West 460 feet of the South 570 feet thereof, according to the United States Government Survey thereof, Hennepin County, Minnesota. Together with an easement for ingress, and egress and way for driveway purposes on, over and upon that part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 118 North, Range 23 West of the Fifth Principal Meridian, lying Northeast of the Northeasterly right of way line of County Road 201 and Westerly of a line described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence East along the North line of said Northwest Quarter of the Northwest Quarter, a distance of 483 feet to the point of beginning of the line being described; thence deflecting right 95 degrees to the Northeasterly right of way line and there ending Resolution No. 2019- September 17, 2019 Member _____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019- RECOGNIZING FIDEL (DELL) THEIS FOR 45 YEARS OF DEDICATED SERVICE TO THE HAMEL VOLUNTEER FIRE DEPARTMENT AS HE RETIRES WHEREAS, Fidel Theis, who we fondly call “Dell,” joined the Hamel Volunteer Fire Department in November 1973; and WHEREAS, Dell loyally has served the department for 45 years and nine months until his retirement in July 2019; and WHEREAS, Dell has fought many barn fires, house fires and grass fires, and has assisted with more farming accidents, vehicle accidents, medical calls and other community needs than we can recount; and WHEREAS, during Dell’s years of service, he responded and assisted with many significant events, including: • Responding to the Medina Ballroom explosion in 1974, which resulted in a fire that lasted more than four days; • Saving the H&D Bar (Harold & Dewayne) from a fire that broke out in an upstairs apartment fire; today this is the location of Inn Kahoots; • Extinguishing the Tuppco wood chip fire in the early 1990s, which lasted longer than three days; and WHEREAS, Dell served as a Trustee on the Hamel Fire Department Board for 12 years and served as a Trustee on the Hamel Fire Relief Association Board for 24 years; and WHEREAS, Dell served on the Hamel Fire Building Committee, overseeing a new addition to the building in the 1980s; and WHEREAS, Dell has been involved in all Hamel Fire truck purchases, including the newest rescue truck that will be delivered in 2020, and in the process has volunteered countless hours to preparing and reviewing new vehicle specifications; and WHEREAS, Dell has devoted thousands of hours over the span of his career to the Hamel Volunteer Fire Department and in service to his community; and WHEREAS, the City of Medina expresses sincere gratitude for Dell’s dedication and more than 45 years of service to the Medina community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Dell Theis for his unparalleled volunteerism and community commitment, and wishes Dell Thies the best in his retirement. Agenda Item # 7A Resolution No. 2019- September 17, 2019 2 Dated: September 17, 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. Graham Page 1 of 3 September 17, 2019 Lot Combination City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: September 11, 2019 MEETING: September 17, 2019 City Council SUBJ: Sonja and Chris Graham – Lot Combination – 4072 Hamel Road Summary of Request Sonja and Chris Graham have requested approval from the City to combine two parcels into a single lot. The existing parcels do not meet minimum lot size standards, and while the combination would not bring the parcels into full compliance, it does improve the situation. The subject property is located north of Hamel Road, east of County Road 19. The property and property to the east and north is zoned Rural Residential. Baker Park is located south of Hamel Road and Woodlake Landfill is located to the northeast. The eastern parcel contains a home and a couple of outbuildings (1370 s.f. and 120 s.f.). The western parcel is vacant. The subject site is outlined in red below, and the property line between the two parcels which is proposed to be removed is in blue. Baker Park Reserve Woodlake Landfill (closed) Agenda Item # 8A Graham Page 2 of 3 September 17, 2019 Lot Combination City Council Meeting Analysis The subject site and surrounding property to the north and east is zoned Rural Residential (RR). The following table compares the existing lots and the combined parcel to the requirements of the RR District. As noted, the combined parcel would still fall short of minimum lot size standards, but comes closer to the requirements. The applicant is looking to construct a new septic system for the home on the property, but needed to do so on the western parcel. It would likely be difficult to find multiple septic locations on both parcels, so the combination would improve the long-term viability of sewage treatment on the combined parcel. Min. Requirement Lot 1 (East PID West PID Combined Parcel Min. Lot Area 5 acre cont. suitable soils 1.35 acre suitable 0.15 acre suitable 1.5 acre suitable Min. Acreage N/A 2.11 acre 1.42 acre 3.53 acre Min. Lot Width 300 feet 333 feet 429 feet 762 feet Min. Lot Depth 200 feet 406 feet 268 feet 406 feet Front Setback 50 feet 63 feet Side Setbacks 20 feet 60 feet (east) 81 feet (west) Vacant 60 feet (east) 518 feet (west) Rear Setback 40 feet 137 feet Vacant 137 feet Max Hardcover 40% 14.2% Vacant 8.5% Easements/Wetlands There do not appear to be drainage and utility easements along the property line to be removed. The City usually recommends that such easements be vacated if they are on the property. There are wetlands located in the southeast corner of the site and also a potential wetland located in the north central portion of the site. The combination will provide more space to locate improvements in a way which will not impact wetlands. Review Criteria/Staff Recommendation The Planning Commission generally does not review lot combinations or lot line rearrangements. The Commission has passed a motion supporting waiving such review to allow expedited review of such requests, unless the City Council or staff refer the application for their review. The subdivision establishes the following criteria for plats and subdivisions. Staff has included potential findings for each in italics: “…The City shall deny approval of a preliminary or final plat if one or a combination of the following finding are made: Graham Page 3 of 3 September 17, 2019 Lot Combination City Council Meeting (a) That the proposed subdivision is in conflict with the general and specific plans of the city, or that the proposed subdivision is premature, as defined in Section 820.28. Although the lots as combined do not meet all relevant standards, the lot combination reduces the level of nonconformance and improves the situation. Improving conformity is consistent with the plans of the City. (b) That the physical characteristics of this site, including but not limited to topography, vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated. The combination of the lots should improve these characteristics. (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. Although the lots as combined still falls short of minimum lot size requirements, the lot combination reduces the level of nonconformance and improves the situation. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. The combination of the lots is not likely to cause environmental concern. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. The combination of the lots is not likely to cause health concern. (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way.” Staff does not believe the combination would not conflict with streets, rights-of-way or easements. Staff generally supports the combination of lots that do not conform with minimum lot size requirements. Even though the proposed lot does not meet minimum lot size requirements, it creates a lot which is closer to compliance. As such, staff recommends approval. If the Council concurs, the following action would be appropriate: Motion to adopt the resolution approving a lot combination of Lots 1 and 2 Boyer Acres into a single parcel Attachments 1) Resolution 2) Document List 3) Boyer Acres plat (showing lots to be combined) Resolution No. 2019-## DATE Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-## RESOLUTION APPROVING A LOT COMBINATION OF LOTS 1 AND 2, BOYER ACRES WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Sonja Graham and Christopher Graham (the “Owners”) own two parcels of property located at 4072 Hamel Road (collectively, the “Property”), which are legally described as: Lot 1, Block 1, Boyer Acres, Hennepin County, Minnesota, and Lot 2, Block 1, Boyer Acres, Hennepin County, Minnesota; and WHEREAS, the Owners have requested approval of a lot combination to combine the Property into a single parcel of land; and WHEREAS, the City Council reviewed the requested lot combination at the September 17, 2019 meeting and reviewed information and recommendation provided by City staff and accepted testimony of interested parties; and WHEREAS, following such review the City Council made the following findings: 1) The proposed combination is not in conflict with the general and specific plans of the City and is not premature. 2) Although the lot resulting from the combination does not meet minimum lot standards, it reduces the extent of nonconformance and brings the Property closer to compliance. 3) The lot resulting from the combination is more suitable for the type of use contemplated because it provides more opportunity to locate a subsurface sewage treatment system, and the combination is otherwise not in conflict with the findings noted in Subd. 10 of Section 820.21 of the City Code. 4) The proposed combination will not conflict with public streets and right-of-way or easements. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the lot combination of the Property such that the combined parcel shall be hereafter legally described as shown in Exhibit A, attached hereto. Resolution No. 2019-## 2 DATE Dated: September 17, 2019. By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019-## 3 DATE EXHIBIT A Legal Description of Property After Lot Combination Lots 1 and 2, Block 1, Boyer Acres, Hennepin County, Minnesota 9/12/2019 Project: LR-19-258 – Graham Combo The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 8/28/2019 8/28/2019 3 Application Y Fee 8/28/2019 8/28/2019 1 Fee Y $275 Boyer Acres Plat 8/28/2019 3/22/1972 1 Plat Y Title Report 9/5/2019 9/5/2019 3 TitleReport Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Engineering Comments 9/9/2019 1 EngComments No Comments Legal Comments 9/6/2019 1 LegalComments City Council report 9/11/2019 3 CouncilReport 8 pages w/ attachments Public Comments Document Date Electronic Notes COMPARED By 3937087 REPRODUCt18LE COPY OF OFFrfrrAL,-PLEIT N NN N !North hiss of \ NE'/4 of SEry f Section? T II8N,R23W, of 512 PM 3937087 BOYER ACRES SCALE ,' / /NCH = /00 FEET DATE DECEMBER 5, /97/ N 0 Denotes iron orohume„7 GORDON R. COFFIN LAND SURVEYOR AND PLANNER LONG LAKE, M/NN£SOTA Henn. Co. monument at N E eprher a4 NE %4 of SE i4 of Sact;on 7, T 118 N, R 23 W,ef Sth PM-• Opp rn East lined NE44 eR S.E.'/ of Section 7, TII81,1,R23W, of i Sm PM •> I Gordon R. Coffin, land Surveyor an isrtner 5621 Know all nen by these precepts that Clover M. Boyer, widow, owner and proprietor, and First Federal Savings end Loan Association of Minneapolis, a ➢nited States corporation, mortgagee of the following -described property situated in the State of Minnesota and the County of Hennepin, to wit: That pert of the Northeast quarter of the Southeast quarter of Section 7, Township 118 North, Range 23 West of the 5th Principal Meridian, lying Northerly of the following-deecribed line: Commencing at the Northeast corner of said Northeast quarter of the Southeast quarter; thence South along the Fast line of said Northeast quarter of the Southeast quarter a distance of 622 feet to the point of beginning of the line being described; thence deflecting right 110° a distance of 78.4 feet; thence deflecting right 5°30, a distance of 562.4 feet; thence along a tangential curve to the right having a radius of 2600 feet and central angle of 13° a distance of 589.92 feet; thence Northwesterly tangent to said curve to the North line of said northeast quarter of the Southeast quarter, and there ending, have caused the same to be surveyed and platted as BOYER ACRES , and do hereby donate and dedicate to the public for public use forever the road 8e shown on thin plat. In witness whereof said Clover M. Boyer, widow, has hereunto set her hand and seal this /3 day of /%f/fGff A.D. 1972; and First Federal Savings end Loan Association of Minneapolis, a United States corporation, has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 4,9 day of 41.,A.9mi5/ A.D.,1972. In the presence of State of Minnesota) County of Hennepin) On this Li: day of A.D. 1972, before me, a notary public Within' and for said eoonty and state, personally eopeared Clover M. Boyer, widow, to me personally known to be the person described in and who executed the f egoing instrument; and she acknowledged that she executed the same as her'own free act and'deed. Signed Clover M. Boyer FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MINNEAPOLIS , its 14',e,By , its 415.74 A'/e: a P,er 5 4/ca/- MAH10 1. COLUMN Novo,PULnc. Neonepio Coma, Wane MY Commin,ve 6x810. Seo, 21 1972" N to� , Hennepin County, Minnesota My commission expires 47447---,19,72 State of Minnesota) County of Hennepin) On this /J day of # A.D. 1972, before me a notary public within and for said, county and state, personally appeared „T vfI,y and �. �. /9A/J9iXG T� ,to me personally known, who each being duly sworn did say that they are reenectively the /ijcyze /%',IrCB/wm"..YJ" and ,9SST. P'iGc 7a.cr'c.✓)r of the First Federal Savings and Loan Association of Minneapolis, a United States corpo- ration, the corporation named in the foregoing instrument; that the seal affixed to same instrument is the corporate seal of said corporation; and that said instrument was signed and sealed is if of said r,oroor`ation by auth6rity of its board of directors; and said .7:74r. Tj/o,g yg and ! 4'/�r acknowledged said instrument to be the free act and deed of said corporation. MARIE r AMOK. Nora, R,y,c Nemapio Cave". Mae NY Comm...a Loma eepr. IL WI Notary My con a4. Hennepi ounty Minnesota x, scion expires S.F±-.Z;A7 B.E/Q a'/ I hereby certify that I have surveyed and platted the property described -on this plat es BOYER ACRsS ; that this plat is a correct representation of said survey; that all distances are correctly shown on said plat in feet and decimals of e foot; that all monuments have been correctly placed in the ground as ehown on acid plat; that the outside boundaries are correctly designated on said plat; end that there are no wet lands to be d ed on said !plat. 1 State of Minnesota) County of Hennepin) The eurveyo certificate ups subscribed and affirmed to before me, a notary public within and for said county end state, thle,2' day of eArePNUOIny A.D. 1972. k/Teetellekdad /�• pRfoli Barbara K. Coffin, Notary e, Hennepin County, Minnesota My commission expires July 28, 1977 Regidtration No. 6064 This plat was approved and accepted by the Village Council of the Village of Medina, Minnesota, at a regular meeting thereof held thief day of (,E L,d�}o/ A.D. 1972. 7 VILLAGE COD ;IL OF MEDINA, MINNESOTA BY A.D.Purn1972.nt to Chapter 810, Minnesota Lays of 1969, this plat hoe been pproved tqi day of March A.D. OFFICE OF REGISTER OF OEIfnm, HENNEPIN COUNTY, MINNESOTA } f /wear A wt , That the with. Plat d RoyE.P e9CR6S sn was filed In this office for record thri lay r ec/ led In �G�e p. i � 9 /A/ and was dub/ Recorded to Book.%�d Pia cNir Q• NISI*, d Dasl OaCilbL Eimer J. Peterson, Hennepin C y Survey" OF, -ICE Of REGISTER OF -DEEDS, HENNEPIN COUNTY, MINNESOTA 1 Hereey0o,ojy, That I have carefully compared the within et ai of Plat or BOy,48 AGoeES with the officlal, which was filed in this otflce for record thinge° day of AMreGii A. D_, 19.21tatLo'GocluiEt1. and find the same to be a true and Cpo nref. Register of Deeds Deputy. DIRECTOR DEMI? Y. MY aa1 la we. mayor clerk No dellnquent 4x08 and transfer entered DEPT. OF FINANCE HENNEPIN COUNTY. MINN. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Jim Stremel, Assistant City Engineer DATE: September 12, 2019 MEETING: September 17, 2019 SUBJECT: Willow Drive/TH 55 Regional Lift Station Project Background: The Willow Drive/TH 55 Regional Lift Station Project has been included with the City of Medina’s capital improvement plan based on the anticipated development noted in the 2040 Comprehensive Plan. The plan identified the need for a lift station to serve properties to the west of Willow Drive that are not serviceable with gravity sewer, including the proposed Adams Pest Control development. This lift station will also serve as a regional lift station and receive wastewater from the ultimate development within the EC-1 sewershed of the City’s 2040 Comprehensive Wastewater Plan and potentially beyond. The design of the lift station will need to consider both the initial flow conditions and the ultimate maximum flow conditions of the regional sewershed; the options will be evaluated during the feasibility phase of the project. The figure included with the enclosed engineering proposal shows the sewer study area included with the scope of the feasibility study. The next step is for the City Council to consider authorizing the preparation of a feasibility report for the project contingent upon the direction of staff. If the proposed Adams Pest Control Development does not proceed, the City may want to consider holding off on the lift station project until such time development is imminent. If the feasibility is ordered, it is anticipated that the City Council would receive the feasibility report in November of 2019 at which time consideration could be given to proceed with final design and bidding. City Council Action Requested: Consider the proposal from WSB for engineering services and authorize preparation of feasibility report contingent upon staff direction. Agenda Item # 8B 1 7 8 E 9 T H S T R E E T | S U I T E 2 0 0 | S A I N T P A U L , M N | 5 5 1 0 1 | 6 5 1 . 2 8 6 . 8 4 5 0 | W S B E N G . C O M September 12, 2019 Mr. Scott Johnson City Administrator City of Medina 2052 County Rd 24 Medina, MN 55340 Re: Proposal for Professional Engineering for Design and Bidding Services Willow Drive/TH 55 Regional Lift Station Project Dear Mr. Johnson, We appreciate the opportunity to present this proposal to provide a feasibility study, professional engineering design, and bidding services for the proposed Willow Drive/TH 55 Regional Lift Station Project. Members of our team have completed numerous sanitary sewer lift station projects in the metro area. These projects have included new lift stations, replacements, and upgrades. The majority of these projects have also included new SCADA equipment. The proposed scope of services presented herein is based on a review of the site and information received from the City. The City’s 2040 Comprehensive Plan identified the need for a lift station to serve properties to the west of Willow Drive that are not serviceable with gravity sewer, including the proposed Adam’s Pest Control development. This lift station will also serve as a regional lift station and receive wastewater from the ultimate development of the EC-1 sewershed of the City’s Comprehensive Wastewater Plan and beyond. Therefore, the lift station needs to be designed for both the initial flow conditions and the ultimate maximum flow conditions of the regional sewer-shed. PROJECT UNDERSTANDING Proposed Lift Station: The proposed lift station will consist of a concrete wetwell with duplex or triplex pumps, a concrete valve vault with check valves, air release valves, all interconnecting piping, hatches, and appurtenances. Our design fees assume that a precast concrete wet-well and valve vault will be designed and constructed. Electrical/SCADA System: Available electrical service to the site is unknown at this time but could be either single phase or three phase. If three phase power is available, the pumps can be operated with full voltage motor starters. If only single phase power is available, the pumps can be operated with variable frequency drives (VFDs). Final choice of voltage and phase will also depend on the City’s preferences, so that the lift station is consistent with other locations and compatible with the City’s existing portable generator. The base design will include a freestanding control panel with interlocked main and standby circuit breakers and a receptacle for connection to a portable generator in the event of a power outage. An alternate design (bid alternate) will include a stationary generator and an automatic transfer switch. In addition, the panel will include branch circuit breakers and motor starters or VFDs for operation of the pumps, a programmable logic controller (PLC) and operator interface terminal (OIT), and other components as required. The PLC will call for operation of the pumps based on start and stop setpoints entered at the OIT and compared to level in the wetwell as Mr. Scott Johnson September 12, 2019 Page 2 measured by a submersible level transducer. High and low level float switches in the wetwell will be connected to hard wired circuitry in the control panel to provide backup pump control, in the event of a PLC or level transducer failure. The control panel will be monitored remotely via a cellular system that is compatible with the City’s existing monitoring system. The base bid design for the control panel will include spare space inside to allow for installation of a future automatic transfer switch, and spare conduits will be stubbed out from the panel to allow for connection to a future permanently installed on-site generator. The base bid and bid alternate designs will both include a spare conduit stubbed out from the panel to allow for connection to a future fiber optic cable for remote monitoring. Evaluation of the control design, components, and other City preferences will be conducted during both feasibility and final design. Forcemain: The size and route for the proposed forcemain will be determined during the feasibility study. The forcemain will be installed with either a directional drilling method or an open trench method. Geotechnical Analysis: Soil borings and a geotechnical analysis are required to determine the characteristics of the existing soils and the groundwater conditions. We will provide up to five (5) soil borings and a geotechnical report. Additional soil borings, if needed, can be provided for an additional fee. Surveying: Surveying is required to provide a CAD drawing that shows all existing conditions, elevations, and private utilities for the proposed lift station improvements. Subconsultants: WSB has a long-standing relationship with Barr Engineering to provide electrical services for lift stations and similar projects. We will subcontract the electrical engineering design and bidding services with Barr. Barr’s proposed fees are included with this proposal. Permitting and Approvals: We will work with the City to obtain the necessary permits for project construction if needed. Permitting agencies are assumed to be limited to the Metropolitan Council Environmental Services (MCES) and the Minnesota Pollution Control Agency (MPCA). SCOPE OF SERVICES The project scope and proposed work plan is based on our understanding of the project, discussions with City Staff, and experience on similar projects. We are proposing in coordination with Barr Engineering for the electrical design of the project. The key components are discussed for clarification in the following paragraphs. Task 1.0 – Feasibility Study We will identify the ultimate service area for the sewershed with the assistance of the City Planning Director and Public Works Director and at that point decide how we would phase the operations of this lift station. It is possible that we would start out with a smaller pump system and then upgrade when the additional development occurs or start out with a large system and not upgrade as much at a later date, etc. The feasibility study will also include an opinion of probable construction costs and benefit analysis for both options. Task 2.0 - Design Services We understand that the extent of final design and bidding may be contingent upon whether area development proceeds beyond concept phase. If circumstances change with adjacent Mr. Scott Johnson September 12, 2019 Page 3 development proposals, WSB would produce plans up to an 60%-70% level of completion and provide the City with an updated cost estimate based on the direction of City Staff. The complete plans, specifications, and contract documents would then not be completed until such time as the City is prepared to bid the project. Plans Using topographic and survey information obtained by WSB, prepare base plans showing: Locations and elevations of all physical features. Existing right of way/easements and property lines. Prepare preliminary and final design plans including the following: Removal plan Existing utilities (electric, gas, telephone, cable TV) Existing City systems (forcemain, sanitary sewer, water main, storm sewer) Civil engineering plan/profile(s) Process plan Electrical plan Instrumentation and control plan Specifications and Contract Documents Prepare contract documents and specifications. Prepare engineer’s estimate of construction costs. Task 3.0 - Bidding Services Bidding Administration Prepare advertisement for bids and submit to required publications. Answer bidder’s questions related to the lift station and issue addenda, if required. Attend bid opening and tabulate results. Prepare letter of recommendation to the City. Prepare notice of award and contract agreement and forward to contractor. ANTICIPATED PROJECT SCHEDULE Below is the anticipated project schedule. Phase 1 – Feasibility CC Order Feasibility Study................................................................................ September 17, 2019 Project Kickoff Meeting with City Staff ............................................ Week of September 23rd, 2019 Preliminary Design, Field Work, Feasibility Report ..................................................... October, 2019 CC Receive Feasibility Report ........................................................................... November 19, 2018 Phase 2 – Final Design Final Design .......................................................................................... November-December, 2019 CC Approve Plans / Authorize Ad for Bid .............................................................. January 21, 2020 Bid Opening ......................................................................................................... February 20, 2020 CC Receives Bids / Award Project ............................................................................. March 3, 2020 Mr. Scott Johnson September 12, 2019 Page 4 PROPOSED FEES WSB’s proposed fees for the work summarized within this proposal have been detailed in the table below. The fees will be billed based on an hourly, not-to-exceed basis. Task Estimated Fees 1.0 Feasibility Study $7,212 2.0 Design Services $58,042 3.0 Bidding Services $4,662 Total $69,916 A copy of the project task hour budget is attached for your reference. Based on the proposed task hour budget, WSB will complete the scope of work previously discussed on hourly basis for a not-to-exceed amount of $69,916. This represents our complete understanding and scope of the project. We are available to begin work immediately upon authorization. WSB appreciates the opportunity to provide the City of Medina with this proposal. As always, we are looking forward to working with you and your staff toward the completion of the project. Please feel free to contact me with any questions or concerns you have. Sincerely, WSB & Associates, Inc. Jim Stremel, P.E. Greg Johnson, P.E. Senior Project Manager Director of Water/Wastewater City of Medina: _________________________________ Authorized signature _________________________________ Title _________________________________ Date Ta s k De s c r i p t i o n 1 1. 1 Me e t i n g w i t h C i t y ( K i c k - O f f ) 3 2 3 8 $1 , 2 0 0 . 0 0 1. 2 Fe a s i b i l i t y S t u d y P r e p a r a t i o n 4 4 40 3 51 $6 , 0 1 2 . 0 0 Ta s k 1 T o t a l E s t i m a t e d H o u r s a n d F e e 7 6 43 3 59 $7 , 2 1 2 . 0 0 2 2. 1 Dr a w i n g s 50 50 $7 , 3 0 0 . 0 0 2. 2 De s i g n 24 18 54 24 40 24 18 4 $2 4 , 3 2 4 . 0 0 2. 3 Sp e c i f i c a t i o n s 4 6 12 4 16 42 $4 , 9 1 0 . 0 0 2. 4 Qu a n t i t y T a b u l a t i o n s a n d C o s t E s t i m a t e 1 2 4 2 2 11 $1 , 3 4 1 . 0 0 2. 5 QA / Q C 8 4 12 $2 , 1 1 6 . 0 0 2. 6 Me e t i n g s 8 12 8 1 29 $4 , 3 5 2 . 0 0 2. 7 Ut i l i t y C o o r d i n a t i o n 1 2 2 5 $6 2 1 . 0 0 2. 8 Pe r m i t s 4 1 5 $5 2 8 . 0 0 2. 9 Ge o t e c h n i c a l ( s o i l b o r i n g s a n d r e p o r t ) $4 , 9 5 0 . 0 0 2. 1 0 El e c t r i c a l E n g i n e e r i n g S u b c o n s u l t a n t ( B a r r ) $7 , 6 0 0 . 0 0 Ta s k 2 T o t a l E s t i m a t e d H o u r s a n d F e e 46 42 84 50 32 40 24 20 33 8 $5 8 , 0 4 2 . 0 0 3 3. 1 Pr e p a r e a d v e r t i s e m e n t f o r b i d s a n d s u b m i t t o r e q u i r e d p u bl i c a t i o n s . 1 1 1 3 $3 8 6 . 0 0 3. 2 An s w e r b i d d e r ’ s q u e s t i o n s r e l a t e d t o t h e l i f t s t a t i o n a n d i ss u e a d d e n d a , i f r e q u i r e d . 2 2 4 4 3 15 $1 , 9 8 4 . 0 0 3. 3 At t e n d b i d o p e n i n g a n d t a b u l a t e r e s u l t s . 2 3 1 6 $7 3 7 . 0 0 3. 4 Pr e p a r e l e t t e r o f r e c o m m e n d a t i o n t o t h e C i t y . 1 1 1 3 $4 3 6 . 0 0 3. 5 Pr e p a r e n o t i c e o f a w a r d a n d c o n t r a c t a g r e e m e n t a n d f o r w a r d t o c o n t r a c t o r . 1 2 3 $3 6 9 . 0 0 3. 6 El e c t r i c a l E n g i n e e r i n g S u b c o n s u l t a n t ( B a r r ) $7 5 0 . 0 0 Ta s k 3 T o t a l E s t i m a t e d H o u r s a n d F e e 5 5 8 4 8 30 $4 , 6 6 2 . 0 0 To t a l E s t i m a t e d H o u r s 58 53 13 5 54 32 40 24 31 36 8 Av e r a g e H o u r l y B i l l i n g R a t e 18 5 . 0 0 15 9 . 0 0 10 9 . 0 0 14 6 . 0 0 10 9 . 0 0 99 . 0 0 19 0 . 0 0 92 . 0 0 To t a l F e e b y L a b o r C l a s s i f i c a t i o n $1 0 , 7 3 0 . 0 0 $8 , 4 2 7 . 0 0 $1 4 , 7 1 5 . 0 0 $7 , 8 8 4 . 0 0 $3 , 4 8 8 . 0 0 $3 , 9 6 0 . 0 0 $4 , 5 6 0 . 0 0 $2 , 8 5 2 . 0 0 $5 6 , 6 1 6 . 0 0 To t a l F e e f o r G e o t e c h n i c a l S e r v i c e s $4 , 9 5 0 . 0 0 To t a l F e e f o r E l e c t r i c a l E n g i n e e r i n g S u b c o n s u l t a n t ( B ar r ) $8 , 3 5 0 . 0 0 TO T A L P R O J E C T C O S T $ 6 9 , 9 1 6 . 0 0 En g i n e e r i n g Te c h n i c i a n Fo r c e m a i n En g i n e e r Fo r c e m a i n Te c h n i c i a n L y d i a E n e r M i k e M i l l e r Tw o P e r s o n Su r v e y C r e w Co s t To t a l H o u r s De s i g n Pr o j e c t M a n a g e r Es t i m a t e o f C o s t Ci t y o f M e d i n a , M i n n e s o t a Pr o f e s s i o n a l E n g i n e e r i n g D e s i g n a n d B i d d i n g S e r v i c e s Wi l l o w D r i v e R e g i o n a l L i f t S t a t i o n Es t i m a t e d H o u r s Ad m i n Pr o j e c t E n g i n e e r J o n C h r i s t e n s e n G r e g J o h n s o n Bi d d i n g G r e g G l u n z K a r l a P e d e r s o n Fe a s i b i l i t y S t u d y Ci t y E n g i n e e r J i m S t r e m e l ` MI f-f--ff rf—rr _. IN: f INrry- ■ a • 3 ■ • Gross Area = 194 acres r • L G:\Group Data\Materials\Trevor\2019 Proposals\Medina Willow Drive Regional Lift Station\Medina - Willow Drive Lift Station.docx 5 4 0 G A T E W A Y B L V D | B U R N S V I L L E , MN | 55 3 3 7 | 9 5 2 . 7 3 7 . 4 6 6 0 | W S B E N G . C O M September 12, 2019 Mr. Scott Johnson City Administrator City of Medina 2052 County Rd 24 Medina, MN 55340 Re: Proposal for: A Geotechnical Evaluation Proposed Willow Drive Lift Station Service Area Medina, MN Dear Mr. Johnson: Thank you for the opportunity to provide professional services for a geotechnical evaluation for the above referenced project. This proposal is in response to a RFP from Jim Stremel of WSB. In this proposal, we present a description of our understanding of the project, an outline of the scope of work, and a fee schedule and estimate of charges for our services. It is our understanding that this project consists of construction of a lift station, forcemain and gravity pipe along Willow Drive in Medina, Minnesota. The forcemain and gravity pipe will extend from the lift station to about 1280 feet to the south to MH-273 located at the Chippewa Road intersection. We understand the forcemain will have an invert elevation of about 8 feet below existing grades and the bottom elevation of the lift station was not provided to us. A. Project Objectives Based upon our experience with similar projects the objectives of our geotechnical services are to describe below grade soil and groundwater conditions, and develop recommendations for construction of the lift station, forcemain and gravity pipe. B. Scope of Basic Services Based on our understanding of the project we proposed the following scope of services: 1. Site Access Based on a review of the information provided, the site appears to be accessible to a truck mounted auger drill. Some borings will be placed on the shoulder or ditch of the roadway and our drilling rig may damage landscaping and rut grassed areas. We will do our best to minimize potential damage but will not be responsible for repair of such damage. Borings on roadways will be backfilled and repaired with cold-patch. City of Medina September 12, 2019 Page 2 G:\Group Data\Materials\Trevor\2019 Proposals\Medina Willow Drive Regional Lift Station\Medina - Willow Drive Lift Station.docx 2. Bore Hole Locating and Gopher State One Call WSB will stake the proposed bore hole locations with hand held GPS technology. Elevations will be based on lidar data. If more accurate locations and elevations are required, additional fees will be incurred for surveying GPS services. Prior to sending a drill rig to the site, WSB will contact Gopher State One Call (GSOC) and have them request public underground utility owners mark and clear our proposed bore hole locations of their utilities. If there are private underground utilities that are not located by GSOC, please notify WSB immediately and we can contact a private utility locator for an additional fee. WSB will take reasonable precautions to avoid marked underground facilities. 3. Subsurface Test Borings As requested, we propose to complete 5 standard penetration test borings. Four borings will be drilled to a depth of about 14 ½ feet and one to a depth of about 40 feet. In the standard penetration test borings, we will sample and record blow counts at 2 ½ foot intervals to the 15-foot depth and then at 5 foot intervals in the 40 foot boring. If unsuitable soils (existing fill, organic soils, etc…) are encountered at the proposed boring termination depth, it will be necessary to extend the borings into more competent materials. This will allow us to better evaluate potential construction issues. An additional charge of $25 per lineal foot will be assessed for borings extended beyond their proposed termination depths. In Minnesota, a boring that is greater than 15 feet deep must be sealed per Minnesota Well Code. We will prepare and submit a Well and Boring Sealing Record to the Minnesota Department of Health. That form requires the signature of the owner. We will sign on behalf of the owner unless directed otherwise. 4. Schedule, Bore Hole Samples and Laboratory Testing Based on our current drilling backlog, we anticipate that we can mobilize our truck- mounted auger drill to the site in about 3 to 4 weeks from the time we receive the signed authorization from you. If requested, boring logs and verbal recommendations can be provided to you shortly after the completion of the drilling. This will enable you to proceed with your planning and design work. Laboratory work and report preparation will be completed following completion of the field and laboratory work. It should be noted that this schedule may change based on timing of authorization, site conditions and other factors. We will keep you informed should our anticipated schedule change. This estimate is based on our work being completed during daylight hours Monday through Friday. Samples retrieved during drilling will be returned to our laboratory where they will be reviewed, classified using the Unified Soil Classification System (USCS) and logged by a geotechnical engineer. Select samples will be set aside for laboratory testing. We will perform routine laboratory tests on selected soil samples obtained from the exploration. This may include determinations of natural moisture content and unconfined compressive strength with a calibrated penetrometer, if cohesive soils are encountered. We may also perform gradations (#200 wash only) on select samples from the borings. Such tests will City of Medina September 12, 2019 Page 3 G:\Group Data\Materials\Trevor\2019 Proposals\Medina Willow Drive Regional Lift Station\Medina - Willow Drive Lift Station.docx aid in determining soil classification and properties and potential behavior chara cteristics to help guide our recommendations. 5. Geotechnical Engineering Report Information gathered for this project will be used to prepare a geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and groundwater conditions encountered in our borings and how they may affect the proposed construction. The report will also provide recommendations for an allowable bearing capacity for the valve vault foundations/slab, utility subgrade preparation, site grading and a discussion of soils for use as backfill and fill. We will provide you and any identified members of your design/project team with a PDF copy of our geotechnical report. If requested, we will also provide you with an original hard copy. This geotechnical proposal is presented for engineering services to determine the structural properties of the soil at the specified site. It does not cover an environmental assessment of the site, or environmental testing of the soil or groundwater. 6. Fee We will provide our aforementioned professional services for a lump sum fee of $4,950. If you have any questions regarding our scope of services or how they may be modified to meet your project needs please feel free to give us a call to discuss. If additional borings or deeper borings are needed, or if engineering and testing are requested beyond that necessary for preparation of our report (post-report consultation, report revision due to changes in building design or location, specification review, or pre- construction meetings), the increase in our fees will be in accordance with the rates previously indicated or at the unit prices shown on the enclosed Rate Schedule for hourly services. City of Medina September 12, 2019 Page 4 G:\Group Data\Materials\Trevor\2019 Proposals\Medina Willow Drive Regional Lift Station\Medina - Willow Drive Lift Station.docx C. Closure This letter represents our complete understanding of t he proposed scope of services. If you are in agreement with the scope of services, proposed fee and attached General Contract Provisions please sign in the appropriate space below and return one copy to my attention. If you have any questions about this proposal, please feel free to call Trevor Meyers at 507-513-8363 or email at tmeyers@wsbeng.com. This fee proposal is valid for ninety (90) days from the creation date noted in the header. WSB may reissue a revised Proposal upon request if the indicated tim e period has lapsed. Should the scope of work change in nature or be expanded to include additional services, we will renegotiate the fees with you. WSB & Associates, Inc. appreciates the opportunity of being considered for this project and we look forward to providing our professional services to you. Sincerely, WSB Mark Osborn, PE Trevor Meyers, PG Geotechnical Engineer Geotechnical Geologist Attachments: WSB & Associates, Inc. 2019 Rate Schedule WSB & Associates, Inc. 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FODLPVIRUQHJOLJHQFHRUEUHDFKRIZDUUDQW\WKDW LVQRWVHWWOHGE\QRQELQGLQJPHGLDWLRQVKDOOEH VHWWOHGE\WKHODZRIWKHVWDWHRI0LQQHVRWD $57,&/( ±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edina City Council FROM: Scott Johnson and Jodi Gallup, City Administration DATE: September 12, 2019 RE: Public Safety Director Succession Planning On September 12, 2019, Public Safety Director Ed Belland submitted his letter of resignation indicating his intent to retire on March 31, 2020. Throughout Ed’s 28 years of service to the City of Medina, he has established a professional, 24-hour/7 days a week police department. Ed has observed great leadership within the existing officer ranks and believes there are qualified internal applicants worthy of consideration for the role of Public Safety Director for the City of Medina. If the City Council wishes to seek internal candidates for the Public Safety Director position, staff recommends beginning the process this fall to have time to properly train the new Public Safety Director before Ed’s official retirement date. If the internal process does not result in finding a suitable replacement, staff recommends that we thereafter immediately begin an external search. Projected hiring timeline: September 17 – Accept Ed Belland’s resignation & authorize recruitment September 18 – Post position internally October 9 – Application deadline for internal candidates October 22 or 29 – Interview internal candidates November 6 – Appoint internal candidate or begin external recruitment process April 1, 2020 – Position Effective Date Proposed Internal Hiring Process • Internal applicants requesting to be considered for the Public Safety Director position should submit a letter of interest and resume by the application deadline. • There will be one interview panel consisting of the full City Council, City Administrator, Public Safety Director, one community member, and a Police Chief from a neighboring department. • Scoresheets from the interview panel will be compiled and a summary will be distributed to the City Council following the interviews. • The City Council will discuss candidates at a subsequent work session to determine if an internal candidate should be appointed or if the City should begin an external search. Recommendations 1. Move to adopt resolution accepting Ed Belland’s resignation 2. Direct staff to begin recruitment process 3. Approve Public Safety Director job description MEMORANDUM Agenda Item # 8C EDGAR BELLAND 1182 HIGHWAY 55, MEDINA, MINNESOTA 55340 612-868-9244 September 12, 2019 Scott Johnson Medina City Administrator City of Medina 2052 County Road 24 Medina, Minnesota 55340 DEAR SCOTT, It is my intention to retire and resign my position as Public Safety Director for the City of Medina on March 31, 2020. I have been blessed to have worked for the City of Medina for the last 28 plus years. I thank you, the City Council and the entire community, for affording me this opportunity. I look forward to working with you and the City Council over the next six months to assist in making the transition to a new administration for the public safety department. Sincerely, Edgar Belland Resolution No. 2019- September 17, 2019 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019- RESOLUTION ACCEPTING RESIGNATION OF PUBLIC SAFETY DIRECTOR ED BELLAND WHEREAS, Ed Belland is currently employed as the Public Safety Director in the Police Department of the city of Medina; and WHEREAS, on September 12, 2019, Ed Belland submitted a letter of resignation from his position addressed to the City Administrator; and WHEREAS, Ed Belland’s resignation from his position shall become effective March 31, 2020. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that Ed Belland’s letter of resignation is hereby accepted. Dated: September 17, 2019. ______________________________ Kathleen Martin, Mayor ATTEST: _______________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member _______ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. City of Medina Position Description PUBLIC SAFETY DIRECTOR City Council Approved: 08/07/2013 Position Title: Public Safety Director Department: Police Supervisor’s Title: City Administrator Pay Grade: 10 FLSA Status: EXEMPT Work Status: Full-time PRIMARY OBJECTIVE OF POSITION Serves as department head performing executive and administrative work to manage the daily administration of the police department and provide leadership for the City’s law enforcement, crime prevention, and community policing efforts. Supervises the department’s uniformed and civilian personnel, carries out planning activities, establishes and evaluates programs, manages and participates in public relations activities, and administers departmental budget. Performs patrol duties during minority of time, responds to calls for service and other emergencies, and performs other police officer tasks as needed. Serves as City Emergency Management Director; and, staff liaison to coordinated fire services. ESSENTIAL FUNCTIONS  Advises the City Administrator and City Council about important police and departmental matters; submits monthly and other reports to the City Council.  Plans, organizes, and manages departmental functions and operations; develops short- and long- term goals; evaluates department’s efficiency and effectiveness by reviewing statistical and other data; and makes recommendations, to the City Administrator, for increased productivity.  Determines projects, assignments, and work schedules; plans and develops law enforcement and community service programs; and develops/administers departmental policies, procedures, and directives after receiving input from a variety of sources.  Communicates internally with City Administrator, department heads, administrative staff and other City employees; and, externally with other police chiefs, police departments, sheriff departments, attorneys, court/corrections personnel, POST Board, BCA, FBI, human and social services, community organizations, school officials, business people, emergency management organizations, fire departments, and residents.  Undertakes or effectively recommends the full compliment of personnel actions including interviewing applicants, hiring, transfer, rewarding and promotion, training, assigning and prioritizing work, coaching and performance evaluation; and recommends actions such as discipline/suspension/discharge to the City Administrator.  Makes recommendations regarding department’s operating budget and capital expenditures; and administers City’s approved budget.  Oversees and/or participates in purchases; receives and reviews bills; and codes invoices and submits to Finance Department.  Coordinates outside work contracts, ensuring an accurate accounting of officers’ time and billings.  Seeks alternative sources of funding; researches, prepares, and submits appropriate grant applications; and administers grants received.  Oversees scheduling of personnel for appropriate law enforcement coverage; oversees additional or special duty assignments; and reviews employees’ time cards for payroll purposes.  Maintains discipline and ensures appropriate conduct of departmental personnel; investigates allegations of officer misconduct and wrongdoing.  Cooperates with federal, state, and other local law enforcement agencies.  Follows up on complaints and suggestions about programs and other police issues.  Maintains a variety of departmental and personnel records; ensures required record keeping and reporting functions conform to prescribed procedures; and that correspondence and regular reports are timely and appropriate.  Oversees department’s training program for uniformed personnel and ensures civilian personnel receive necessary job-related training.  Oversees and participates in the maintenance of all patrol vehicles and departmental equipment. City of Medina Position Description PUBLIC SAFETY DIRECTOR City Council Approved: 08/07/2013  Keeps up-to-date on new practices and procedures and new technologies relevant to the department’s management through meetings; maintains peace officer license through attendance at mandatory training.  Plans/determines necessary police involvement in special events including local festivals, parades, athletic events, dances, and works with event organizers to ensure police issues are addressed.  Reviews police logs and crime reports; identifies crime patterns to optimize the use and impact of police resources; and plans/executes special operations as necessary.  Researches and prepares presentations for City Council and attends meetings as directed.  Conducts monthly police department staff and training meetings; exercises general and technical supervision over the department staff.  Works with City Administrator to achieve overall City goals and objectives.  Oversees and participates in department’s investigations; determines department’s ability to investigate; refers cases to Hennepin County and assists their detectives as appropriate.  Cooperates with and assists federal, state, and other local law enforcement agencies with investigations; prepares written reports of crimes and assist in the prosecution of law violators; and works closely with prosecuting attorneys.  Oversees the operation and security of the department’s computer and record keeping systems.  Reviews background checks and issues handgun permits to acquire.  Works with the City’s data compliance officers to ensure compliance with state and local data practices requirements.  Responds to variety of calls for service; makes reports and conducts investigations; and patrols the community to enforce laws, detect and prevent crimes, and protect life and property.  Administers contractual agreements for police services.  Coordinates the delivery of fire service for the City, attends fire meetings.  Reviews fire departments activities; ensures that the fire departments are in compliance with the terms of their contracts with the City.  Meets with the fire chiefs to plan and organize city functions and activities.  Works with the City Administrator on the renewal of the fire contracts.  Makes recommendations on fire coverage and fire response to the City Council.  Maintains the City Emergency Plan and attends the Lake Area Emergency Management meetings. OTHER DUTIES AND RESPONSIBILITIES  Commits to creating and maintaining a healthy workplace culture by following the City of Medina’s core values, which include teamwork, trust, professionalism, and communication.  Performs other duties and responsibilities as apparent, or assigned by the City Administrator.  Provides good working habits and a willingness to cooperate with others and contribute in a positive way to a pleasant working climate. HIRING AND PERFORMANCE ASSESSMENTS WILL INCLUDE THE FOLLOWING KNOWLEDGE, SKILLS, AND ABILITIES:  Knowledge of local geography, City streets and addresses, business and residential areas.  Knowledge of the City’s crime patterns and police issues.  Knowledge, skill, and ability to effectively use personal and departmental equipment.  Knowledge of, and ability to understand/apply, state and federal laws, POST standards, City ordinances and policies, departmental policies, procedures and directives.  Knowledge of principles, practices, and procedures used in law enforcement, police science and administration, court proceedings, and public safety.  Knowledge of accounting and budgeting principles and practices.  Knowledge of all terms and conditions contained in police collective bargaining agreements.  Knowledge of basic medical and judicial/legal procedures, practices and terminology.  Knowledge of human resources management, supervisory practices and various employment City of Medina Position Description PUBLIC SAFETY DIRECTOR City Council Approved: 08/07/2013 laws.  Knowledge of hazardous chemicals and ability to provide police support to any emergency management response.  Knowledge of first aid, CPR procedures and ability to respond in emergency medical situations.  Knowledge of, and ability to use, departmental software programs.  Knowledge of firefighting, fire management, and fire training methods.  Knowledge of fire investigations.  Skill in investigating crimes and accidents and supervising personnel during investigative work.  Skill to expertly and safely operate a motor vehicle under any circumstances and conditions including pursuits.  Skill in handling and using firearms in an efficient and safe manner.  Skill in supervising and motivating civilian and uniformed personnel.  Skill in taking command and leadership of police and emergency situations.  Ability to establish policies and procedures and develop short- and long-term goals and objectives.  Ability to promote an ethical work place and ensure all policies, procedures, and protocols are followed by subordinate staff.  Ability to analyze situations and determine appropriate action and to respond calmly, quickly and appropriately to crisis and emergency situations.  Ability to communicate effectively both orally and in writing with supervisor, elected officials, city staff, the media, other law enforcement agencies, a variety of diverse individuals (offenders/suspects/witnesses/victims/mentally ill), and the public.  Ability to apply laws to specific incidents and respond appropriately.  Ability to exert moderate to considerable physical effort when performing a variety of tasks.  Ability to stand, walk, sit for extended periods.  Ability to perform a variety of physical movements such as bend, stoop, crouch, kneel, push and pull, touch, and use both fine and large motor skills.  Ability to lift, move, and/or carry sometimes heavy objects with and without assistance.  Ability to read and comprehend a variety of reference materials.  Ability to attend training and professional meetings to maintain current knowledge. Machines, tools, and equipment used: Squad car, computer, fax, phone, police radios, MDT, intoxilizer, portable breath tester, defibrillator, radar, medical equipment, cameras and other image/audio recording equipment, investigative equipment, chemical agents and various firearms. MINIMUM REQUIREMENTS  Bachelor’s degree in law enforcement, criminal justice or equivalent program and five or more years of experience in police work/public safety including at least two years at a supervisory, command, or management level. An equivalent combination of education and experience may be considered.  Valid Minnesota POST license or ability to be POST-certified within 90 days.  Valid Minnesota driver’s license or ability to obtain within state-required time period.  Must meet all state-mandated and employer-required certifications, background checks, and medical requirements. DESIRABLE QUALIFICATIONS  Advance degrees in law enforcement, executive level training course such as the FBI National Academy, Southern Police Institute.  State Certified Emergency Manager.  Fire experience. SUPERVISION OF OTHERS City of Medina Position Description PUBLIC SAFETY DIRECTOR City Council Approved: 08/07/2013 Supervises, directly, Police Sergeant, Administrative Assistant, and Transcriptionist; indirectly, all other Police Department employees and contract personnel. WORKING CONDITIONS Most work is performed indoor at the Police Department. The exceptions include response to emergency, police or fire incidents and trips to meetings, training, and conferences. Generally, the position requires light lifting, usually less than 10 pounds, with up to 150 pounds on occasion, climbing stairs/ladders, and performing life-saving and rescue procedures. Some hazardous materials or chemicals are exposed to on this job, including toxic materials, blood borne pathogens and other infectious environments. Other hazardous conditions may include having to deal with unruly or dangerous individuals, confined or high work spaces, dangerous animals, loud noises, emergency driving, unsafe building sites and deadly force, traffic control and working in and near traffic, inclement weather, and natural or man-made disasters. Planning Department Update Page 1 of 2 September 17, 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: September 12, 2019 SUBJ: Planning Department Updates – September 17, 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. The City Council reviewed on September 3 and directed staff to prepare resolutions of approval, which will be presented at the September 17 meeting. B) Graham Lot Combination – 4072 Hamel Road – Sonja and Chris Graham have requested a combination of two substandard lots. The request will be presented to the Council on September 17. C) Woods of Medina Final Plat – Shawnee Woods Road/County Road 116. Excelsior Group has transferred this project into their responsibility and intends to begin construction this fall. Staff is finalizing documents in the developer’s name. D) Van de Ven/Welch combination/rearrangement – 1765 Medina Road and 1752 County Road 24 – Martha and Andrew Van de Ven and Mark and Sara Welch have requested to rearrange 3 lots into 2. Staff is reviewing information and will present to Council when complete, potentially at the October 1 meeting. E) 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 October 8 Planning Commission meeting. F) 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 October 8 Planning Commission meeting. G) Roehl Preliminary Plat – 1735 Medina Road – The Estate of Robert Roehl has requested a preliminary plat to subdivide 28 acres into two lots. The application is currently incomplete and will be scheduled for a hearing when necessary information is submitted. H) 3672 Pinto Rezoning – Woodbury REI, LLC has requested a rezoning of its property at the northeast corner of Tower Drive and Pinto Drive from Commercial-Highway to Commercial-General. The owner is interested in constructing self-storage on the property. A hearing is tentatively scheduled for the October 8 Planning Commission meeting. Planning Department Update Page 2 of 2 September 17, 2019 City Council Meeting I) 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. J) Cavanaughs Meadowwoods Park Third Addition/OSI Expansion – Arrowhead Drive, north of Highway 55 – Arrowhead Holdings (real estate company for OSI) has requested approval of a site plan review, preliminary plat and rezoning to construct a 2nd building north of their existing facility. The applicant proposes to construct the building on a separate lot and to rezone the property to Business, in line with the updated Comprehensive Plan. The Council adopted approval documents on November 7. The applicant has now requested final plat approval. The applicant has also proposed some slight adjustments to the site plan, which were presented at the Planning Commission on March 12. The Planning Commission recommended approval of the amended site plan. Staff will present to the City Council when the final plat is prepared. K) 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, documents have been recorded and the project will be closed. L) 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 Council adopted a resolution approving of the combination on September 3. Staff is waiting for the property owner to pay taxes to finalize the combination. M) 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. N) 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 – Medina, Loretto, and Greenfield have signed the agreement and we are awaiting Independence. B) Zoning Enforcement – one correction notice is pending for zoning violations. C) Arrowhead Drive Quite Zone – staff met with representatives from MnDOT and Hennepin County to coordinate plan review/approval. It appears that a significant portion of the pedestrian improvements may be eligible for reimbursement with state funds, which was not necessarily anticipated. Staff is also waiting for confirmation that inspections and construction management will be eligible for reimbursement. D) Hickory Drive stormwater improvements – the Elm Creek Watershed approved of amendments to its CIP to contribute 25% of the cost towards this project. Hennepin County will still need to approve of the levy for the item on Elm Creek’s behalf. The City will know for sure in December. TO: City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: September 12, 2019 RE: Police Department Updates Letter of Resignation On September 12th I submitted a letter of intent to City Administrator Johnson to resign and retire on March 31, 2020. By doing this I set the process in motion to start the search for my replacement and keeping the process moving forward. We will have a full 6 months of work to hire the eleventh officer, go through a selection process for a new chief and if that is an internal candidate, we will have to hire another officer or sergeant to backfill. Assistant City Administrator Jodi Gallup is putting a time table together for you to review at the next council meeting. CSO Hiring Process On September 6th we interviewed our top five candidates for the open part-time Community Service Officer position. All five did very well in the interviews. Our top candidate is in the background investigation process. If they are successful, the candidate will be offered the position with a start date in the first week of October. Loretto FunFest and Medina Celebration Day. Loretto FunFest will be on September 14th, Medina Celebration Day on September 21st. If you have no plans, stop by for kid’s games, good food and fireworks. The events go from 4:00 p.m. to 8:30 p.m. See you there. Update on Sgt. Nelson’s Son Sgt. Nelson notified me on Friday September 6th that Sam was home from the hospital. He is starting a long road to recovery. Sam has physical therapy several times a day. Sergeant Nelson will return to work this week on a flexible schedule to assist with Sam’s treatment. Patrol: For the dates of August 29th to September 11, 2019, our officers issued 61 citations and 107 warnings for various traffic infractions. There was a total of 2 traffic accidents, 10 medicals, 10 alarms and 4 DWIs. MEMORANDUM On 08-31 Officer Scharf and I were working a Hennepin County Towards Zero Deaths detail. During this detail Officer Scharf assisted with a motorcycle pursuit that ended up with the driver losing control of the motorcycle and crashing into a parked vehicle. The driver sustained serious but not life threating injuries. During the search of his persons, cocaine was located in his wallet, a loaded .38 caliber handgun was found in his pants pocket. The driver was also found to have been drinking and was believed to be intoxicated. The driver was a convicted felon who had also been previously arrested for felony DWI. Also, during our 8-hour shifts, I stopped a vehicle for speeding 103 miles per hour on I-94 near Rogers. The driver was found to be intoxicated and his test result was .12. During this same time frame Officer Scharf had also stopped a vehicle for speeding on I-394 in which the driver was also found to be intoxicated. That drivers test result was .08. Needless to say, this was a very successful night in removing impaired drivers from the roadway. On 09-02, Officer McGill took a theft report of lawn maintenance equipment from a residential yard. It was reported that while working on a lawn, crew members left a weed whip and blower on the ground by a tree and that while doing other things someone had stolen the equipment. On 09-03, Officer McGill took multiple reports in different areas of the city where victims indicated that they had Amazon packages delivered to their mailboxes over the weekend and they were now missing. Cases were forwarded to investigations. On 09-04, Officer Hall took a theft report. Victim reported that she had attempted to purchase Thomas Rhett concert tickets off Craigslist and after sending the money the seller did not send the tickets as promised. Victim was scammed of $300. Case forwarded to investigations. On 09-05, Officers Scharf and McKinley responded to a domestic between husband and wife. Upon arrival, it was learned that a male was extremely intoxicated and that he had shoved his wife while she was trying to stop him from leaving in a vehicle. The parties were separated, and the case was submitted to the City Attorney for charging decisions. On 09-07, Officer Hall responded to an unconscious male who was not breathing. Upon arrival, he and Hamel Fire personal removed the male from a bed onto the floor and started life saving attempts. CPR was conducted for approximately 47 minutes before the male was pronounced deceased by medical personal. On 09-08, Officer Hall responded to a domestic between wife and husband. Upon arrival, it was learned that the wife had become aggressive and had punched, scratched and kicked the male subject after having some discussions about marital issues. The female was arrested and booked into Hennepin County Adult Detention Center. Investigations: Investigating a forgery case. A victim sold an item on Craigslist. The suspect who purchased the item, sent the victim a check for an amount more than the agreed upon price. The victim was instructed to deposit the check and then send $1850 back. The victim then withdrew the $1850 from their account and sent a cashiers check to the suspect. The victim then learned the check sent by the suspect bounced. The cashiers check was deposited in a bank in Mississippi. Investigation is ongoing. Investigated a scam through Craigslist. Victim purchased concert tickets. Victim sent the person selling the tickets money through PayPal. Victim never received tickets and can no longer contact the suspect. Victim said PayPal will refund their money and the AD was removed from Craigslist. Assisted on the interview panel for the CSO position. There are currently (9) cases assigned to investigations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: September 12, 2019 MEETING: September 17, 2019 SUBJECT: Public Works Update STREETS • Despite the rain, work on the Hickory Dr project is moving along well. The road base is in and curb is scheduled next week. Paving to follow the curb installation. • The Brockton project has had some delays. The rain continues to fall and unlike the Hickory project, the base has not been installed. The street is a mess on the north end and not much can be done until it dries out. We are hoping for some dry weather over the next week so we can gain access to the park parking lot for Celebration Day. • Public Works has been cutting brush all over Medina. We used Emery’s Tree service to assist us with the more sensitive and elevated areas. We also removed a large tree in the wooded area in Harriet’s Woods near the Enclave. • Striping will be scheduled for Medina Road soon. WATER/SEWER/STORMWATER • Public Works has begun the fall flushing and maintenance of our fire hydrants. Each year we operate every fire hydrant in town and make sure they are operational and that they drain for the winter months ahead. • All the wet weather in the past two years has created a lot of drainage concerns from our residents. Weather goes in cycles and clearly, we have been in a wet cycle for the past few years. However sometimes there are downstream issues or just plain lack of maintenance that causes the problem. We spend a lot of time working with people on these issues. PARKS/TRAILS • Public Works received delivery of another 400 cubic yards of wood chip material for the playgrounds around the city, for a total of 800 cubic yards. The first delivery has been installed and we will work on the rest in the upcoming weeks. MISCELLANEOUS • The Brockton parking lot in the Hamel Legion park is in question at this point for Celebration Day. Brockton needs to dry out prior to installing the base material. We are looking at alternatives and possibly entering the parking area another way. Ed and I will work on this next week. ORDER CHECKS SEPTEMBER 3, 2019 – SEPTEMBER 17, 2019 049263 MN DVS .................................................................................. $2,148.07 049264-49268 Voided ........................................................................................... $0.00 PRINTING ISSUE 049269 ALI, ABDI ................................................................................... $250.00 049270 CENTERPOINT ENERGY ......................................................... $200.56 049271 COMMERCIAL ASPHALT CO. ............................................... $1,061.19 049272 DAVID WEEKLEY HOMES ................................................... $10,000.00 049273 EDGEWATER TITLE GROUP LLC ............................................ $182.44 049274 EXECUTIVE TITLE .................................................................... $253.02 049275 FARMERS STATE BANK OF HAMEL ....................................... $250.00 049276 FUST, THEODORE ................................................................... $500.00 049277 GOTTIMUKKALA, NAGA ........................................................... $750.00 049278 HERITAGE CHRISTIAN ACADEMY .......................................... $500.00 049279 HIGHWAY 55 RENTAL ........................................................... $2,330.78 049280 HIT DAWG ACADEMY LLC ....................................................... $375.00 049281 JOHN KRAEMER & SONS INC ............................................ $10,000.00 049282 MAPLE CREEK MEADOWS HOMEOWNERS........................... $250.00 049283 MINNICH, DANIEL/KERRY ........................................................ $110.00 049284 ORONO BASEBALL ASSN. ....................................................... $500.00 049285 PHIPPS, DAVID/SUSAN .............................................................. $48.21 049286 PILLAR TITLE SERVICES ........................................................... $35.67 049287 RAINBOW PARTY ARTS ....................................................... $1,030.00 049288 SULLIVAN, NATALIE ................................................................. $500.00 049289 TWIN CITY MENS ADULT BASEBALL ...................................... $500.00 049290 ZHU, JUN .................................................................................. $400.00 049291 ALLINA HEALTH SYSTEM .......................................................... $50.00 049292 AUTOWORKS COLLISION CENTER INC .............................. $4,246.45 049293 BEAUDRY OIL & PROPANE .................................................. $1,200.65 049294 BLUE CROSS BLUE SHIELD OF MN ................................... $31,391.26 049295 CORE & MAIN LP ...................................................................... $766.73 049296 D ERVASTI SALES CO LLC ...................................................... $271.00 049297 DESIGNING NATURE, INC. ...................................................... $565.00 049298 DIAMOND MOWERS INC....................................................... $1,364.99 049299 DITTER INC ............................................................................ $1,608.60 049300 GOPHER STATE ONE CALL .................................................... $668.25 049301 HACH COMPANY ...................................................................... $573.59 049302 HAKANSON ANDERSON ASSOCIATES I ................................ $500.00 049303 HAMEL LUMBER INC ................................................................ $352.38 049304 HAMEL LIONS CLUB ................................................................ $700.00 049305 HENN COUNTY INFO TECH .................................................. $3,563.78 049306 HENN CTY RECORDER/REGISTRAR ........................................ $56.50 049307 JIMMY'S JOHNNYS INC ............................................................ $575.00 049308 KD & COMPANY RECYCLING INC ........................................... $146.84 049309 KENNEDY & GRAVEN CHARTERED .................................. $11,625.10 049310 LANO EQUIPMENT INC ............................................................ $158.22 049311 LEAGUE OF MINNESOTA CITIES ......................................... $6,975.00 049312 LEXISNEXIS RISK DATA MGMT INC .......................................... $43.00 049313 LONG LAKE GLASS .................................................................. $397.00 049314 CITY OF MAPLE PLAIN ......................................................... $3,487.97 049315 MEDTOX LABS ........................................................................... $50.33 049316 METROPOLITAN COUNCIL ................................................... $4,920.30 049317 METROPOLITAN COUNCIL ................................................. $32,076.54 049318 MN DEPT OF LABOR/INDUSTRY ............................................... $10.00 049319 MN MAYORS ASSOCIATION ...................................................... $30.00 049320 NAPA OF CORCORAN INC ...................................................... $768.26 049321 NORTHERN SALT INC ........................................................... $2,254.00 049322 NORTHWEST ASPHALT INC ............................................. $219,357.86 049323 OFFICE DEPOT ........................................................................ $122.16 049324 CITY OF ORONO ................................................................... $3,909.11 049325 PITNEY BOWES........................................................................ $380.94 049326 PREMIUM WATERS INC ............................................................. $31.00 049327 SCHMIDT CURB COMPANY INC ........................................... $6,301.00 049328 JAMIE R WIOME .................................................................... $6,804.00 049329 STREICHER'S ........................................................................... $222.99 049330 TALLEN & BAERTSCHI .......................................................... $2,114.09 049331 TIMESAVER OFFSITE .............................................................. $290.00 049332 WESTSIDE WHOLESALE TIRE ................................................ $120.00 049333 WSB & ASSOCIATES ........................................................... $30,226.50 Total Checks $413,451.33 ELECTRONIC PAYMENTS SEPTEMBER 3, 2019 – SEPTEMBER 17, 2019 005218E PR PERA .............................................................................. $16,170.75 005219E PR FED/FICA ....................................................................... $16,923.98 005220E PR MN Deferred Comp ........................................................... $1,590.00 005221E PR STATE OF MINNESOTA .................................................. $3,939.87 005222E CITY OF MEDINA ........................................................................ $21.00 005223E FURTHER .............................................................................. $1,402.52 005224E FARMERS STATE BANK OF HAMEL ....................................... $150.00 005225E FURTHER .............................................................................. $1,292.31 005226E MEDIACOM OF MN LLC ............................................................. $84.09 005227E AFLAC ....................................................................................... $375.36 005228E CENTURYLINK.......................................................................... $236.78 005229E CIPHER LABORATORIES INC. .............................................. $5,973.00 005230E CULLIGAN-METRO ..................................................................... $33.70 005231E FRONTIER .................................................................................. $57.35 005232E MEDIACOM OF MN LLC ........................................................... $308.99 005233E PAYMENT SERVICE NETWORK INC ....................................... $877.42 005234E PITNEY BOWES POSTAGE BY PHONE ............................... $1,000.00 005235E FURTHER ................................................................................... $28.90 005236E VALVOLINE FLEET SERVICES ................................................ $123.50 005237E XCEL ENERGY ...................................................................... $9,803.79 005238E VERIZON WIRELESS ............................................................. $1,531.41 Total Electronic Checks $61,924.72 PAYROLL DIRECT DEPOSIT SEPTEMBER 4, 2019 0509682 JOHNSON, PATRICK M. ........................................................... $697.26 0509683 ALBERS, TODD M. .................................................................... $230.87 0509684 ALTENDORF, JENNIFER L. ................................................... $1,430.55 0509685 ANDERSON, JOHN G. .............................................................. $230.87 0509686 BARNHART, ERIN A. ............................................................. $2,456.42 0509687 BELLAND, EDGAR J. ............................................................. $2,791.02 0509688 BOECKER, KEVIN D. ............................................................. $2,199.08 0509689 CONVERSE, KEITH A. ........................................................... $2,112.51 0509690 DESLAURIES, DEAN ................................................................ $230.87 0509691 ENDE, JOSEPH...................................................................... $1,644.66 0509692 FINKE, DUSTIN D. ................................................................. $2,637.75 0509693 GALLUP, JODI M. ................................................................... $1,916.04 0509694 GLEASON, JOHN M. .............................................................. $2,117.35 0509695 GREGORY, THOMAS ............................................................ $1,944.73 0509696 HALL, DAVID M. ..................................................................... $2,016.29 0509697 JACOBSON, NICOLE ................................................................ $782.49 0509698 JESSEN, JEREMIAH S. .......................................................... $2,230.70 0509699 JOHNSON, SCOTT T. ............................................................ $2,206.31 0509700 JONES, KATRINA M............................................................... $1,403.85 0509701 KLAERS, ANNE M. ................................................................. $1,370.92 0509702 LEUER, GREGORY J. ............................................................ $2,028.52 0509703 MARTIN, KATHLEEN M ............................................................ $327.07 0509704 MCGILL, CHRISTOPHER R. .................................................. $1,524.51 0509705 MCKINLEY, JOSHUA D .......................................................... $1,973.73 0509706 NELSON, JASON ................................................................... $3,116.11 0509707 PEDERSON, JEFF .................................................................... $227.97 0509708 PETERSON, DEBRA A. .......................................................... $2,020.16 0509709 REINKING, DEREK M ............................................................ $2,258.97 0509710 ROERICK, AUSTIN ................................................................ $1,376.39 0509711 SCHARF, ANDREW ............................................................... $2,558.94 0509712 SCHERER, STEVEN T. .......................................................... $2,292.82 0509713 SCHNEIDER, BENJAMIN ....................................................... $1,244.20 Total Payroll Direct Deposit $53,599.93