Loading...
HomeMy Public PortalAbout10.15.2019 Complete City Council Meeting Packet Posted 10/10/2019 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, October 15, 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 October 1, 2019 Regular Council Meeting V. CONSENT AGENDA A. Approve Tornado Siren Maintenance Contract Renewal with Embedded Systems, Inc. B. Approve MAP Agreement and Addendum with Marco Technologies LLC C. Schedule a Special Meeting on October 22, 2019 at 5:30 p.m. D. Resolution to Enter into a Grant Agreement between the City of Medina and the Metropolitan Council Environmental Services for the Improvement of Publicly Owned Infrastructure E. Resolution Certifying Delinquent City Charges for Services to the Hennepin County Auditor for Collection in 2020 F. Resolution Certifying Delinquent Storm Water Utility Charges to the Hennepin County Auditor for Collection in 2020 G. Resolution Certifying Delinquent Utility Charges to the Hennepin County Auditor for Collection in 2020 VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Orono School District Referendum – Martha Van de Ven VIII. NEW BUSINESS A. Martha and Andrew Van de Ven; Mark and Sara Welch - Lot Combination/Rearrangement 1. Resolution Approving a Lot Rearrangement/Combination of 1765 Medina Road and 1752 County Road 24 with Land Located to the East IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. CLOSED SESSION: Attorney-Client Privileged Discussion on Litigation Matter Specifically WW Farm and George Wessin v. City of Medina, Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(b) XIII. 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: October 10, 2019 DATE OF MEETING: October 15, 2019 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Tornado Siren Maintenance Contract Renewal with Embedded Systems, Inc. – Staff recommends approval of the annual tornado siren maintenance contract renewal with embedded systems. See attached contract. B. Approve MAP Agreement and Addendum with Marco Technologies LLC – The city uses Marco as our vendor for all our copiers. The lease on three of our devices is up for renewal. The attached lease agreement would replace these three Konica Minolta devices with equivalent Sharp devices reducing the monthly payments from $540.80 to $512.27 per month. Staff recommends approval. See attached agreement and addendum. C. Schedule a Special Meeting on October 22, 2019 at 5:30 p.m. – Staff recommends approval to schedule a special meeting on October 22nd at 5:30 p.m. to conduct Public Safety Director Interviews. No attachments for this item. D. Resolution to Enter into a Grant Agreement between the City of Medina and the Metropolitan Council Environmental Services for the Improvement of Publicly Owned Infrastructure – The City of Medina applied to the MCES for grant funding in 2017 with estimated project costs for public sanitary sewer system improvements to reduce inflow and infiltration. Based on the estimated project totals, MCES determined the estimated reimbursement to the City for eligible project expenses is $39,586. The City of Medina will be submitting final eligible project expenses totaling $47,152.38. Staff recommends approval. See attached memo and resolution. E. Resolution Certifying Delinquent City Charges for Services to the Hennepin County Auditor for Collection in 2020 – The resolution certifies delinquent city charges for services to Hennepin County to be collected with 2020 taxes. Staff recommends approval. See attached resolution.  2 F. Resolution Certifying Delinquent Storm Water Utility Charges to the Hennepin County Auditor for Collection in 2020 – The resolution certifies delinquent municipal storm water utility charges to Hennepin County to be collected with 2020 taxes. Staff recommends approval. See attached resolution. G. Resolution Certifying Delinquent Utility Charges to the Hennepin County Auditor for Collection in 2020 – The resolution certifies delinquent municipal utility charges to Hennepin County to be collected with 2020 taxes. Staff recommends approval. See attached resolution. VII. PRESENTATIONS A. Orono School District Referendum – Orono School Board member Martha Van de Ven will provide a brief update on the Orono School District referendum that will be on the ballot on November 5th. See attached handout. VIII. NEW BUSINESS A. Martha and Andrew Van de Ven; Mark and Sara Welch – Lot Combination/Rearrangement – Martha and Andrew Van de Ven have requested approval of a lot combination/rearrangement to rearrange three existing lots into two lots. The Van de Vens live at 1765 Medina Road (northern parcel). Mark and Sara Welch’s home is immediately south of the Van de Vens, located at 1752 County Road 24 (southern parcel). The Welches also own a vacant parcel to the east (eastern parcel), which runs the full length of both the northern and southern parcels. The applicants seek to divide the eastern parcel and combine portions of the parcel to the northern and southern parcel, eliminating the eastern parcel and increasing the size of the northern and southern parcels. See attached report and resolution. Recommended Motion: Move to adopt resolution approving a lot rearrangement/ combination of 1765 Medina Road and 1752 County Road 24 with land located to the east. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005253E-005272E for $71,530.19 and order check numbers 049372-049446 for $423,673.76 and payroll EFT 0509741-0509772 for $54,122.73.  3 INFORMATION PACKET:  Planning Department Update  Police Department Update  Public Works Department Update  Claims List  Medina City Council Meeting Minutes 1 October 1, 2019 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 1, 2019 3 4 The City Council of Medina, Minnesota met in regular session on October 1, 2019 at 5 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Anderson, DesLauriers, Martin, and Pederson. 10 11 Members absent: Albers. 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, Public Works Director Steve Scherer, and Chief of Police Ed Belland. 16 17 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18 19 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 20 The agenda was approved as presented. 21 22 IV. APPROVAL OF MINUTES (7:00 p.m.) 23 24 A. Approval of the September 17, 2019 Special City Council Meeting Minutes 25 Moved by Anderson, seconded by Pederson, to approve the September 17, 2019 26 special City Council meeting minutes as presented. Motion passed unanimously. 27 28 B. Approval of the September 17, 2019 Regular City Council Meeting Minutes 29 Martin noted that comments proposed by Anderson have been distributed for 30 incorporation. 31 32 Moved by Anderson, seconded by Pederson, to approve the September 17, 2019 33 regular City Council meeting minutes as amended. Motion passed unanimously. 34 35 V. CONSENT AGENDA (7:01 p.m.) 36 37 A. Schedule a Special Meeting on November 5, 2019 at 1 p.m. for Fall 38 Business Tours 39 B. Resolution No. 2019-61 Amending the 2019 Appointments and 40 Designations to Various City Services, Authorities, Commissions, and 41 Agencies 42 C. Approve Field Conversion and Irrigation Installation Services Agreement 43 with Sam’s Lawn Landscaping and Property Maintenance 44 D. Resolution No. 2019-62 Accepting Donation from the Hamel Athletic Club 45 E. Resolution No. 2019-63 Designating Polling Places for Elections Held in 46 Medina in 2020 47 F. Resolution No. 2019-64 Accepting Donations for Medina Celebration Day 48 Johnson and the Council commended staff for their excellent work on Celebration Day. 49 50 Pederson thanked Hamel Athletic for its generous donation. 51 Medina City Council Meeting Minutes 2 October 1, 2019 1 Moved by Pederson, seconded by Anderson, to approve the consent agenda. Motion 2 passed unanimously. 3 4 VI. COMMENTS (7:03 p.m.) 5 6 A. Comments from Citizens on Items not on the Agenda 7 There were none. 8 9 B. Park Commission 10 Park Commissioner Jacob reported that the Park Commission met on September 18th 11 noting that the Commission heard a request from the Hamel Athletic Club (HAC) to 12 convert the Quad Four Field to a little league field. He stated that the Commission 13 forwarded the request to the Council and noted that the item was just approved on the 14 Consent Agenda. He was unsure of future agenda items as the group moves into the 15 winter months. 16 17 C. Planning Commission 18 Finke reported that the Planning Commission will meet the following week to hold public 19 hearings related to a Comprehensive Plan amendment and PUD for the Westin Woods 20 development and a proposed rezoning from Commercial Highway to Commercial 21 General for property at Pinto Drive and Tower Drive. 22 23 VII. NEW BUSINESS 24 25 A. Chippewa Road and Arrowhead Drive Visioning Study – Concept Update 26 (7:05 p.m.) 27 Johnson noted that the primary goal of the Chippewa Road and Arrowhead Drive 28 Visioning Study is to develop a cohesive plan that can be provided to property owners, 29 developers, and other stakeholders which guide the transportation needs, right-of-way, 30 public utilities, and other parameters within this corridor. 31 32 Stremel stated that this discussion last occurred at the worksession on August 20th and 33 summarized those discussion points. He stated that at that time three alternatives were 34 provided and identified the preferred options for the two intersections. He referenced the 35 intersection at OSI and Meander and reviewed the different options that were reviewed 36 and preferred. He stated that staff met with MnDOT related to the Highway 55 37 intersection and the configurations for the OSI intersection. He noted that an option was 38 discussed to move the intersection for OSI further to the north to avoid the Meander 39 intersection all together along with the option for a double left turn lane. He noted that 40 further analysis would need to be done related to the double left turn lanes. He provided 41 details on the costs associated with the different options, noting that the costs include 42 contingency and overhead. He stated that once the turn lane costs are added into 43 option one, options one and two are very similar in cost. 44 45 Anderson asked if OSI is apprised of the tentative plan and whether the business was a 46 part of the MnDOT discussions. 47 48 Stremel replied that OSI was not involved in the MnDOT discussion. He noted that OSI 49 has been made aware of the topic on a high level but not in further detail. 50 51 Medina City Council Meeting Minutes 3 October 1, 2019 Martin asked if there is commitment, though the Development Agreement, with OSI to 1 participate in this cost. 2 3 Finke replied that a small portion of the cost could be executed through the petition and 4 waiver process. He noted that other options could also be considered including 5 assessments or in conjunction with the development of the northern OSI property. 6 7 Anderson suggested that staff reach out to OSI prior to the October 15th meeting. 8 9 Batty commented that the petition and waiver has a short shelf-life left as that was part 10 of the development and went for 10 years, which will expire in spring 2020. 11 12 Martin stated that perhaps OSI would be open to extending that agreement, as that 13 would allow for the City to spend additional time on the study to ensure the right option 14 proceeds rather than moving forward quickly before that agreement expires. 15 16 Anderson asked if additional elements would come into play when OSI moves forward 17 with their expansion to the north. 18 19 Batty noted that staff was going to revisit the topic related to the northern parcel 20 expansion that seems to be on hold. He stated that the dollar amount associated with 21 the petition and waiver was about $90,000. He stated that there are a number of factors 22 that could be looked at as that may not be the best tool. 23 24 Stremel stated that there may also be an interim option that could be looked at for the 25 time being. 26 27 Martin agreed that perhaps there would be an appropriate interim option that would 28 utilize those funds and a more complete solution could be looked at in the future. 29 30 Stremel provided details on the upcoming open house. He noted that right-of-way is one 31 of the most critical elements. 32 33 Martin suggested that perhaps a brief presentation would be helpful. 34 35 Anderson agreed that perhaps the presentation could occur a few times throughout the 36 open house meeting, as it was a short presentation. 37 38 Stremel noted that they can gauge the attendance at the meeting, noting that if there are 39 only a few attendees, conversations can happen one on one while a presentation could 40 be made if there are more in attendance. 41 42 Pederson referenced Mohawk and asked for details. 43 44 Stremel stated that is shown as a two way stop on the north and south. 45 46 Pederson agreed that Chippewa should not stop and that he liked the option as 47 presented. 48 49 Medina City Council Meeting Minutes 4 October 1, 2019 Martin stated that when she first reviewed the information it took a little time to connect 1 the alternates with the appropriate intersection and stated that perhaps something be 2 done to better identify the alternates on the map. 3 4 VII. CITY ADMINISTRATOR REPORT (7:21 p.m.) 5 Johnson had nothing further to report. 6 7 IX. MAYOR & CITY COUNCIL REPORTS (7:22 p.m.) 8 Martin noted that Assistant City Administrator Jodi Gallup circulated a revised calendar 9 for 2020 and asked that Councilmembers alert staff to any potential conflicts with 10 meetings to ensure that there would be a quorum. 11 12 X. APPROVAL TO PAY THE BILLS (7:22 p.m.) 13 Moved by Anderson, seconded by Martin, to approve the bills, EFT 005239E-005252E 14 for $51,225.58 and order check numbers 049334-049371 for $110,324.82 and payroll 15 EFT 0509714-0509740 for $52,542.57. Motion passed unanimously. 16 17 XI. ADJOURN 18 Moved by Martin, seconded by Pederson, to adjourn the meeting at 7:23 p.m. Motion 19 passed unanimously. 20 21 22 23 __________________________________ 24 Kathleen Martin, Mayor 25 Attest: 26 27 ____________________________________ 28 Jodi M. Gallup, City Clerk 29 Agenda Item # 5A \tbx_1_CustomerID\ \tbx_1_OpportunityID\\tbx_1_EANumber\ Meter Reading Contact Person: EQUIPMENT WITH CONSOLIDATED MINIMUMS Pool 1 MAKE/MODEL/ACCESSORIES SERIAL NUMBER START METER COLOR START METER BW 1 SHARP - MX-3571 2 SHARP - MX-3571 3 SHARP - MX-3071 4 5 Minimum Payment* $Color Print Allowance Excess Color Print Charge* $ B&W Print Allowance Excess B&W Print Charge* $ *plus applicable taxes Do you wish to enroll in the Number of Devices Marco Support Desk for equipment Enrolled: listed herein? OR Please Check One:Please Check One: (If no box is checked, frequency will be Monthly)(If no box is checked, frequency will be Monthly) TERM AND PAYMENT SCHEDULE SUPPLIES COVERAGE LEVELS Term in Months Please Check One: (If no box is checked, no supplies will be included)(Billed at Standard Pricing) OWNER SIGNATURE TITLE DATED TITLE DATED CUSTOMER (as referenced above) SIGNATURE TITLE DATED CUSTOMER (as referenced above) SIGNATURE FEDERAL TAX I.D. # PRINT NAME 0 0 0 0 0 0 CITY OF MEDINA X \s1\ FREQUENCY OF MINIMUM PAYMENT METER READING FREQUENCY 60 THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT; THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED. OWNER ACCEPTANCE Marco Technologies LLC PRIVACY AND INFORMATION SECURITY \t1\ MAP Agreement APPLICATION NO.AGREEMENT NO. Managed Account Program Phone: 800.892.8548 I Fax: 800.847.3087 The words Lessee, you and your refer to Customer. The words Lessor, we, us and our refer to Marco Technologies LLC. CUSTOMER INFORMATION FULL LEGAL NAME STREET ADDRESS BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS CITY OF MEDINA 2052 COUNTY ROAD 24 CITY STATE ZIP PHONE MEDINA MN 55340 (763)473-4643 CITY STATE ZIP E-MAIL EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE) MARCO SUPPORT DESK (By selecting “YES” you agree that the Marco Support Desk Monthly Fee will be added to this Agreement’s monthly invoice.) 0 0.007700 512.27 0 0.045600 \d1\ \t1\ \d1\ 41-6009009 \n1\ CUSTOMER ACCEPTANCE CITY OF MEDINA X \s1\ Marco Support Desk Device Monthly Fees 1 - 5 Devices: $10 6 - 15 Devices: $20 16+ Devices: $30 3 If enrolled, the equipment on this Agreement will qualify for Marco Support Desk. If no box is checked, then you have elected to waive Marco Support Desk coverage for equipment listed herein. You acknowledge that the Equipment you have received may be equipped with a hard drive that may store personal and confidential information (“PCI”)and you understand the privacy and information security risks associated with PCI that may be stored on your Equipment.You agree to be responsible for safeguarding any PCI and you agree to indemnify and hold Marco Technologies LLC harmless from any loss,misappropriation or breach of the PCI that may be stored on your Equipment. BY SIGNING BELOW OR AUTHENTICATING AN ELECTRONIC RECORD HEREOF,YOU CERTIFY THAT YOU HAVE REVIEWED AND DO AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT ON THIS PAGE AND ON PAGE 2 ATTACHED HERETO. Monthly Quarterly Semi-Annually Annually Monthly Quarterly Semi-Annually Annually All Inclusive HP OEM No Supplies Included Yes No 29686 Page 1 of 2 Confidential Rev 10.2019 Sherpa/SSK/DS Agenda Item # 5B \tbx_1_CustomerID\ \tbx_1_OpportunityID\\tbx_1_EANumber\ 1.AGREEMENT:For business purposes only,you agree to rent from us the goods,together with all replacements,parts,repairs,additions,and accessions incorporated therein or attached thereto (the "Equipment")and/or agree that you have requested that we finance certain licensed software and services for you (“Financed Items”),which are included in the word “Equipment”unless separately stated),all as described on page 1 of this Agreement,excluding equipment marked as not financed under this Agreement,as it may be supplemented from time to time.You agree to all of the terms and conditions contained in this Agreement which is the entire agreement regarding the Equipment ("Agreement")and which supersedes any purchase order or invoice.You authorize us to correct or insert missing Equipment identification information and to make corrections to your proper legal name and address.All other modifications to the Agreement must be in writing signed by each party.This Agreement becomes valid upon execution by us and will begin on the date the Equipment is delivered to you,as stated in the packing list,or any later date we designate.If we designate a later commencement date,you agree to pay us an additional amount equal to the periodic payments due under this Agreement prorated for the period between the date the Equipment is delivered to you and the commencement date.Unless otherwise stated in an addendum hereto,this Agreement will renew for 12-month term(s)unless you (a)provide us written notice between 90 and 150 days (before the end of any term)that you want to return the Equipment and (b)you timely return the Equipment in accordance with paragraph 3 of this Agreement.If any provision of this Agreement is declared unenforceable in any jurisdiction,the other provisions herein shall remain in full force and effect in that jurisdiction and all others. 2.RENT,TAXES AND FEES:You agree to pay the amounts payable under the terms of this Agreement (each,a “Payment”)when due,plus any applicable sales,use and property taxes.If more than one Minimum Payment is listed on the first page or on the attached Schedule(s),you agree that you are obligated to pay the sum of the Minimum Payments.The Minimum Payment will be adjusted proportionately upward or downward,as necessary,to comply with the tax laws of the state in which the Equipment is located.If we pay any taxes,or other expenses that you owe hereunder,you agree to reimburse us when we request and to pay us a processing fee for each expense or charge we pay on your behalf.We may charge you for any filing fees required by the Uniform Commercial Code (UCC)or other laws,which fees vary state-to-state.You agree to pay us an origination fee of up to $125 for all closing costs If for any reason your check is returned for nonpayment,you will pay us a bad check charge of $30 or,if less,the maximum charge allowed by law.You cannot pay off this Agreement or return the Equipment prior to the end of the term without our consent.If we consent,we may charge you,in addition to the other amounts owed,an early termination fee equal to 5%of the price of the Equipment.We may make a profit on any fees,estimated tax payments and other charges paid under this Agreement. 3.MAINTENANCE AND LOCATION OF EQUIPMENT;SECURITY INTEREST:We are the owner of the Equipment and have sole title to the Equipment (excluding Financed Items).We do not own any software that is included with the Financed Items and cannot transfer any interest in such software to you.We are not responsible for the software or the obligations of you or the licensor under any license agreement.At your expense,you agree to keep the Equipment:(1)in good repair,condition and working order,in compliance with applicable manufacturers’and regulatory standards;(2)free and clear of all liens and claims;and (3)only at your address shown on page 1,and you agree not to move it unless we agree.As long as you have given us the written notice as required in paragraph 1 prior to the expiration or termination of this Agreement’s term,you agree to return all but not less than all of the Equipment (excluding Financed Items)and all related manuals and use and maintenance records to a location we specify,at your expense,in retail re-saleable condition,full working order and complete repair.You are solely responsible for removing any data that may reside in the Equipment you return,including but not limited to hard drives,disk drives or any other form of memory.You grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us,and you authorize us to file a financing statement (UCC-1). 4.COLLATERAL PROTECTION;INSURANCE;INDEMNITY;LOSS OR DAMAGE:You agree to keep the Equipment fully insured against risk of loss,with us as lender’s loss payee,in an amount not less than the original cost until this Agreement is terminated.You also agree to obtain general public liability insurance acceptable to us and to include us as an additional insured on the policy.You will provide written notice to us within 10 days of any modification or cancellation of your insurance policy(s).You agree to provide us certificates or other evidence of insurance acceptable to us.If you fail to comply with this requirement within 30 days after the start of this Agreement,we have the option,but not the obligation,to secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests.If we secure insurance on the Equipment,we will not name you as an insured party,your interests may not be fully protected,and you will reimburse us the premium which may be higher than the premium you would pay if you obtained insurance,and which may result in a profit to us through an investment in reinsurance.If you are current in all of your obligations under the Agreement at the time of loss,any insurance proceeds received will be applied,at our option,to repair or replace the Equipment,or to pay us the remaining payments due or to become due under this Agreement,plus our booked residual,both discounted at 2%per annum.We are not responsible for,and you agree to hold us harmless and reimburse us for and to defend on our behalf against,any claim for any loss,expense,liability or injury caused by or in any way related to delivery, installation,possession,ownership,use,condition,inspection,removal,return or storage of the Equipment.You are responsible for the risk of loss or for any destruction of or damage to the Equipment.No such loss or destruction of or damage to the Equipment will relieve you from your payment obligations under this Agreement.If the Equipment is destroyed and we have not otherwise agreed in writing,at our election,you will either repair or replace the damaged/destroyed Equipment with comparable equipment acceptable to us,or pay to us (a)all past due amounts and (b)all remaining Payments for the unexpired term,plus our booked residual (both discounted at 2%).Any proceeds of insurance will be paid to us and credited,at our option,against any loss or damage.You authorize us to sign on your behalf and appoint us as your attorney-in-fact to endorse in your name any insurance drafts or checks issued due to loss or damage to the Equipment.All indemnities will survive the expiration or termination of this Agreement. 5.ASSIGNMENT:YOU HAVE NO RIGHT TO SELL,TRANSFER,ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT,without our prior written consent.We may sell,assign,or transfer our rights under this Agreement,in whole or in part,without notice.You agree that if we do so,our assignee will have our assigned rights under this Agreement but none of our obligations (including but not limited to,any obligation to provide maintenance or supplies for the Equipment or Marco Support Desk services)and will not be subject to any claim,defense,or set-off that may be assertable against us or anyone else.Notwithstanding the foregoing,if we sell or assign this Agreement or our rights in the Equipment,we will retain our obligations within the Agreement. 6.DEFAULT AND REMEDIES:You will be in default if:(a)you do not pay the Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants,terms and conditions of this Agreement or any other agreement with us or any of our affiliates or any material agreement with any other lender,(b)you make or have made any false statement or misrepresentation to us,(c)you or any guarantor dies,dissolves or terminates existence,(d)there has been a material adverse change in your or any guarantor’s financial,business or operating condition,or (e)any guarantor defaults under any guaranty for this Agreement.If any part of a Payment is more than 5 days late,you agree to pay a late charge equal to: 1)the greater of 5%of the Payment which is late or $20.00 or 2)if less,the maximum charge allowed by law.If you are ever in default,at our option,we may require that you pay 1)all past due amounts,and 2)all remaining Payments for the unexpired term,plus our booked residual (both discounted at 2%).We may recover interest on any unpaid amount,from the due date,at the rate of 18%per year.Concurrently and cumulatively,we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law,including requiring that you:(1)at your expense,return the Equipment to us to a location we specify;and (2)immediately stop using any Financed Items.In the event of any dispute or enforcement of our rights under this Agreement,you agree to pay our reasonable attorneys’fees (including those incurred before or at trial,on appeal or in any other proceeding),actual court costs,any other collection costs and repossession costs.The net proceeds of the sale of any Equipment,if any,will be credited against the amounts you owe us under this Agreement.WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL,INDIRECT OR INCIDENTAL DAMAGES.Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time.You agree that this Agreement,in the hands of our assignee,is,or shall be treated as,a "Finance Lease"as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement.You waive all rights under sections 2A-507 through 522 of the UCC.If interest is charged or collected in excess of the maximum lawful rate,we will not be subject to any penalties. 7.INSPECTIONS AND REPORTS:We will have the right,at any reasonable time,to inspect the Equipment and any documents relating to its use,maintenance and repair.You agree to provide updated annual and/or quarterly financial statements to us upon request. 8.MISCELLANEOUS:Unless otherwise stated in an addendum hereto,the parties agree that:(i)this Agreement and any related documents hereto may be authenticated by electronic means;(ii)the “original”of this Agreement shall be the copy that bears your manual,facsimile,scanned or electronic signature and that also bears our manually or electronically signed signature and is held or controlled by us;and (iii)to the extent this Agreement constitutes chattel paper (as defined by the UCC),a security interest may only be created in the original.You agree not to raise as a defense to the enforcement of this Agreement or any related documents that you or we executed or authenticated such documents by electronic or digital means or that you used facsimile or other electronic means to transmit your signature on such documents.Notwithstanding anything to the contrary herein,we reserve the right to require you to sign this Agreement or any related documents hereto manually and to send to us the manually signed,duly executed documents via overnight courier on the same day that you send us the facsimile,scanned or electronic transmission of the documents.You agree to execute any further documents that we may request to carry out the intents and purposes of this Agreement. 9.WARRANTY DISCLAIMERS:YOU CHOSE ANY/ALL THIRD-PARTY SERVICE PROVIDERS BASED ON YOUR JUDGMENT.YOU ARE UNCONDITIONALLY OBLIGATED TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER,LICENSOR OR MANUFACTURER,AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT.YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON.WE MAKE NO WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO,WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 10.LAW,JURY WAIVER:This Agreement will be governed by and construed in accordance with the law of the state of our principal place of business or,if we assign this Agreement,our assignee,and adjudicated in a federal or state court in such state.You consent to jurisdiction and venue in such state and waive the defense of inconvenient forum.For any action arising out of or relating to this Agreement or the Equipment,YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY. 11.MAINTENANCE AND SUPPLIES:The charges established by this Agreement include payment for the use of the designated Equipment and accessories,and,if indicated by the selection of a Supplies Coverage Level on the first page of this Agreement,maintenance (during normal business hours);inspection,adjustment,parts replacement,drums and cleaning material required for the proper operation.Paper,staples and MICR cartridges must be separately purchased by you.Imager network support on connected Equipment is not included and will be billable at the prevailing hourly rate,at your expense.Supplies for units may or may not be included in this Agreement.If necessary,the service and supply portion of this Agreement may be assigned.If included,the amount payable under this Agreement for supplies is based on the industry standard and the manufacturer estimated yield for black toner and developer based on an average per page coverage of 6%and for color toner and developer based on an average per page coverage of 20%.If your toner and developer usage exceeds the average page coverage amount,we in our sole discretion reserve the right to increase the amount payable under this Agreement for supplies in order to adjust for any increased toner and developer usage in excess of the industry standard.We may charge you a monthly supply freight fee to help offset our costs of delivering supplies to you. 12.EXCESS CHARGES AND COST ADJUSTMENTS:You agree to comply with our billing procedures and provide us with periodic meter readings on the Equipment.If we are unable to gather a meter reading from you using your preferred method of collection after 3 attempts,you will be assessed a $3 fee per month per device to collect your reads.If you make more than the applicable allowed prints in any period,you agree to pay us an additional amount equal to the number of excess prints made during such period,multiplied by the applicable Excess Print Charge.At the end of the first 12 months after commencement of this Agreement,and once each successive 12-month period thereafter,we may increase the Minimum Payment and the Excess Print Charge(s)by a maximum of 15%of the existing Minimum Payment or Excess Print Charge(s). 13.SUPPLIES LEVEL COVERAGE INFORMATION:All Inclusive is defined as including all colors (cyan,magenta,yellow and black)of toners,developers,drums and drums kits.B&W Inclusive is defined as only including black toners,black developers,black drums and black drums kits.Cyan,magenta and yellow toners,developers,drums and drums kits are not included.No Supplies Included is defined as not including any toners,developers,drums or drums kits. 14.MARCO SUPPORT DESK:If you selected “yes”on page 1,the charges established by this Agreement include payment for Marco Support Desk,Monday-Friday from 8:00 am to 5:00 pm CST.Marco Support Desk is included for all Equipment listed on this Agreement and is also available for equipment not listed on this Agreement at Marco’s published prevailing rates.All Marco Support Desk is provided as phone or internet support.Any on-site support will be billed at Marco’s prevailing published rates.Such Marco Support Desk is separate and distinct from this Agreement and shall not affect your obligations under this Agreement in any way.You agree to pay all amounts owing under this Agreement regardless of any claim you may have against us relating to the Marco Support Desk. Marco Support Desk includes the following: -Changes to your network such as:replaced or upgraded workstations and/or servers,IP address changes etc.that require reconfiguring your imager(s)on your network for printing or scanning.This would also include a best attempt to reconfigure scan to email for changes made by your Internet Service Provider. -Reinstallation and configuration of Manufacturer Companion Software and drivers on additional or upgraded workstations:Sharpdesk,PC Fax Drivers,EFI Command Workstation,EFI Remote scan and Marco installed meter monitoring software. -New or upgraded end user software that results in printing issues requiring updating print drivers or configurations;Additional training sessions for key operators and/or end users;Other printing or scanning software related issues as it applies to the imager(s). 29686 Page 2 of 2 Confidential Rev 10.2019 Sherpa/SSK/DS MARCO TECHNOLOGIES LLC Addendum to Application number _________ between MARCO TECHNOLOGIES LLC as Owner and__City of Medina____. as customer. The parties agree to the changes of the following language contained in page 2 of the terms and conditions of said MAP AGREEMENT dated _10/10/19_: PARAGRAPH 11: Remove the line “We may charge you a monthly supply freight fee to help offset our costs of delivering supplies to you.” PARAGRAPH 12: Revise the line “At the end of the first 12 months after commencement of this agreement, and once each successive 12-month period thereafter, we may increase the minimum payment and the excess print charge(s) by a maximum of 15% of the existing minimum payment or excess print charge(s)”. Revise to “At the end of the first 12 months after commencement of this agreement, and once each successive 12-month period thereafter, we may increase the minimum payment and the excess print charge(s) by a maximum of 5% of the existing minimum payment or excess print charge(s)” By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Owner to make such changes. In all other respects the terms and conditions of the Agreement remain in f ull force and effect and remain binding on the above identified Agreement. MARCO TECHNOLOGIES LLC City of Medina Owner Customer ________________________________________ ______________________________________ Signature Signature ________________________________________ ______________________________________ Title Title ________________________________________ ______________________________________ Date Date Signor must be the same as on agreement. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Jim Stremel, City Engineer DATE: October 10, 2019 MEETING: October 15, 2019 SUBJECT: MCES I/I Grant Agreement & Reimbursement Request Background The 2017 Municipal I/I Grant Program consisted of $8.739M in bonding bill funding for the purpose of providing grants to municipalities for capital improvements to public infrastructure to mitigate I/I. MCES identified the City of Medina as a contributor of excessive I/I, and eligible to receive grant funding. The City of Medina applied to the MCES for grant funding in 2017 with estimated project costs for public sanitary sewer system improvements to reduce inflow and infiltration. Based on the estimated project totals, MCES determined the estimated reimbursement to the City for eligible project expenses is $39,586. Prior to November 1, 2019, the final project costs and documentation of work will be submitted to MCES to determine the final grant funding. The City of Medina will be submitting final eligible project expenses totaling $47,152.38. Recommended Action Consider adopting resolution entering into a grant agreement between the City of Medina and the Metropolitan Council Environmental Services for the improvement of publicly owned infrastructure. Attachments Resolution Agenda Item # 5D Member ___________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019- _______ A RESOLUTION TO ENTER INTO A GRANT AGREEMENT BETWEEN THE CITY OF MEDINA AND THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR THE IMPROVEMENT OF PUBLICLY OWNED INFRASTRUCTURE WHEREAS, the 2017 Municipal I/I Grant Program consists of $8.739M in bonding bill funding for the purpose of providing grants to municipalities for capital improvements to public infrastructure to mitigate I/I. WHEREAS, the MCES has identified the City of Medina as a contributor of excessive inflow and infiltration to the MCES metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program. WHEREAS, grant monies will be awarded to pre-approved municipalities for a pre- determined amount up to 50% of the cost for eligible improvements completed between May 31, 2017 and November 1, 2019. WHEREAS, the City of Medina has submitted an application to the MCES for grant funding for improvements to the publicly owned sanitary sewer system to reduce inflow and infiltration; and WHEREAS, the MCES has determined the amount available for reimbursement to the City for eligible project expenses is $39,586. WHEREAS, the eligible project expenses for grant funding based on final project costs is $47,152.38 WHEREAS, the MCES may allocate remaining funds proportionally to grant participants, determined based on eligible project expenses submitted and available remaining grant program funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. The City of Medina has budgeted and completed the City’s portion of the improvements as set forth in the agreement; and 2. The City Council agrees to enter into an agreement between the City of Medina and the MCES for the work completed; and 3. The City Council hereby authorizes the City Administrator and the City Clerk to enter into an agreement for and on behalf of the City of Medina. Dated: October 15, 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 a vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2019- October 15, 2019 Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019- RESOLUTION CERTIFYING DELINQUENT CITY CHARGES FOR SERVICES TO THE HENNEPIN COUNTY AUDITOR FOR COLLECTION IN 2020 WHEREAS, the records of the Outstanding Receivables of the City of Medina list certain accounts as being delinquent; and WHEREAS, the obligors were previously notified of the delinquency in accordance with the statutes of the State of Minnesota; and WHEREAS, Minnesota State Statute 462.353, and Section 514.67, as well as, Section 355.07 and Section 825.51 of the Medina City Code authorizes certification of such delinquent accounts to the Hennepin County Auditor for collection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota to direct the Hennepin County Auditor to place upon the tax rolls for taxes payable in 2020 the delinquent accounts which are listed in Exhibit A, attached hereto, at an interest rate of 6 percent from the date of adoption of this resolution. Dated: October 15, 2019. __________________________ Kathleen Martin, Mayor ATTEST: Jodi Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item # 5E Resolution No. 2019- October 15, 2019 2 EXHIBIT A PIN Invoice Full Property Address Full Owner Name Past Due 10% Fee Balance 14-118-23-11-0007 INVOICE 6691 3050 TUCKBOUROUGH TRAIL BASSAM K ABU SAMRAH $25.00 $2.50 $27.50 25-118-23-11-0002 INVOICE 6627 1492 HUNTER DRIVE ECKERLINE, PETER/MARTHA $25.00 $2.50 $27.50 11-118-23-41-0006 INVOICE 6548 900 HAMEL ROAD MAXXON CORP/WESTCREEK PROPERTIES $316.38 $31.64 $348.02 01-118-23-13-0003 INVOICE 6485 260 CALAMUS CIRCLE TAMARA FERRELL-CHAPEAU $244.89 $24.49 $269.38 Total $611.27 $61.13 $672.40 Resolution No. 2019- October 15, 2019 Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019- RESOLUTION CERTIFYING DELINQUENT STORM WATER UTILITY CHARGES TO THE HENNEPIN COUNTY AUDITOR FOR COLLECTION IN 2020 WHEREAS, the records of the Storm Water Utility Funds of the City of Medina list certain accounts as being delinquent; and WHEREAS, the consumers have been previously notified of the delinquency in accordance with the statutes of the State of Minnesota; and WHEREAS, Minnesota State Statute 444.075 and Section 740.23 of the Medina City Code authorizes certification of such delinquent accounts to the Hennepin County Auditor for collection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota to direct the Hennepin County Auditor to place upon the tax rolls for taxes payable in 2020 the delinquent accounts which are listed in Exhibit A, attached hereto, at an interest rate of 12 percent from the date of adoption of this resolution. Dated: October 15, 2019. Kathleen Martin, Mayor ATTEST: ____________________________________ Jodi Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member __________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item # 5F Resolution No. 2019- October 15, 2019 2 Exhibit A PIN Full Property Address Full Owners Name Past Due 10% Fee Balance 03-118-23-22-0002 2400 CATES RANCH DR CATES, JEFFREY $38.44 $3.84 $42.28 23-118-23-43-0009 1140 CHEROKEE RD GABBERT, DAVID $34.34 $3.43 $37.77 28-118-23-12-0008 2633 DEER HILL RD GASPAR, DON $34.34 $3.43 $37.77 02-118-23-21-0002 1295 HACKAMORE RD PETERSON, JERRY & BETH $38.44 $3.84 $42.28 02-118-23-22-0002 1555 HACKAMORE RD EIDE, CLINTON $38.44 $3.84 $42.28 05-118-23-33-0001 PID 05-118-23-33-0001 EGAN, MARY LENORE $98.12 $9.81 $107.93 11-118-23-32-0002 1585 HAMEL RD JS LAND TRUST $38.44 $3.84 $42.28 01-118-23-21-0005 435 HACKAMORE RD LARSON, MARILYN $38.44 $3.84 $42.28 09-118-23-32-0002 3415 LEAWOOD DR MCCARTHY JR, WALTER $98.12 $9.81 $107.93 13-118-23-43-0015 2442 HOLY NAME DR PRIGGE, CHRISTOPHER $34.34 $3.43 $37.77 07-118-23-32-0001 4572 MAPLE ST YMCA OF MINNEAPOLIS $245.31 $24.53 $269.84 13-118-23-42-0008 242 MEDINA RD HOMELAND INVESTEMENTS LLC $38.44 $3.84 $42.28 13-118-23-31-0014 562 MEDINA RD RANTALA, STEVEN/SHARON $34.34 $3.43 $37.77 14-118-23-41-0020 855 MEDINA RD SAKAY THUPTEN DARGYE LING CENTER $34.34 $3.43 $37.77 14-118-23-14-0008 860 NAVAJO RD RIZVI, SALINA/ATIF $38.44 $3.84 $42.28 14-118-23-24-0010 1200 OAKVIEW RD KOLTES, TYLER $38.44 $3.84 $42.28 14-118-23-21-0011 1295 OAKVIEW RD GRAVE, TERRY L $36.12 $3.61 $39.73 05-118-23-22-0004 4585 PIONEER TR CAMPION, NEAL P.$49.06 $4.91 $53.97 23-118-23-43-0012 1722 TAMARACK DR RILEY T HARLAN REV TRUST $34.34 $3.43 $37.77 23-118-23-24-0004 2175 TAMARACK DR KOSTIAL, BRAD $34.34 $3.43 $37.77 23-118-23-14-0003 2200 TAMARACK DR ANDERSON, CHAD/BARBARA $34.34 $3.43 $37.77 23-118-23-12-0004 2314 TAMARACK DR BOURGEA, ARI $34.34 $3.43 $37.77 16-118-23-41-0009 2672 WILLOW DR L AND R NEVERLAND LLC $34.34 $3.43 $37.77 26-118-23-14-0005 1270 WILLOWBROOK DR ANDERSON, MATTHEW $34.34 $3.43 $37.77 16-118-23-13-0001 2925 WILLOWOOD FARM RD PARRISH, MARK/NICHOLLE $34.34 $3.43 $37.77 12-118-23-41-0038 195 HAMEL RD HOGLUND, GREG $38.44 $3.84 $42.28 24-118-23-31-0003 1745 HUNTER DR KINGSTON, TERRENCE E $34.34 $3.43 $37.77 04-118-23-14-0005 PID 04-118-23-14-0005 CATES, JEFFREY $38.44 $3.84 $42.28 02-118-23-21-0001 PID 02-118-23-21-0001 EIDE, CLINTON $38.44 $3.84 $42.28 05-118-23-11-0001 PID 05-118-23-11-0001 STATEWIDE DEVELOPMENT CORP $49.06 $4.91 $53.97 11-118-23-14-0015 PID 11-118-23-14-0015 HYPER GROWTH PROPERTIES LLC $330.60 $33.06 $363.66 24-118-23-31-0002 PID 24-118-23-31-0002 KINGSTON, TERRENCE E $34.34 $3.43 $37.77 24-118-23-42-0001 PID 24-118-23-42-0001 SJ GROVES & SONS CO $34.34 $3.43 $37.77 11-118-23-43-0002 PID 11-118-23-43-0002 WW FARM $76.88 $7.69 $84.57 04-118-23-14-0004 2575 CATES RANCH DR CATES, JEFFREY $76.88 $7.69 $84.57 22-118-23-21-0006 2125 HOLLYBUSH RD PASULKA, MATTHEW P $38.44 $3.84 $42.28 12-118-23-41-0040 205 HAMEL RD HOGLUND, GREGORY $38.44 $3.84 $42.28 12-118-23-41-0058 95 HAMEL RD HOMELAND INVESTMENTS LLC $49.98 $5.00 $54.98 12-118-23-24-0001 592 STATE HWY NO 55 KNIGHT, MICHAEL/BEVERLY $38.44 $3.84 $42.28 04-118-23-11-0002 2590 CATES RANCH DR CATES, JEFFREY $115.33 $11.53 $126.86 12-118-23-41-0042 105 HAMEL RD JBC-MTKA LLC $123.01 $12.30 $135.31 14-118-23-11-0007 3050 TUCKBOROUGH TR BASSAM K ABU SAMRAH $38.44 $3.84 $42.28 18-118-23-21-0016 4525 WALNUT ST ROBERTS, JOE $49.06 $4.91 $53.97 02-118-23-44-0099 873 MEANDER CT SARMOSI LLC $49.98 $5.00 $54.98 11-118-23-33-0006 1495 HAMEL ROAD YA VANG, MATTHEW $38.44 $3.84 $42.28 11-118-23-33-0007 1405 HAMEL ROAD VONBANK, DAVID $38.44 $3.84 $42.28 06-118-23-22-0002 4695 STATE HWY NO 55 SLP JCR LLC $73.59 $7.36 $80.95 06-118-23-22-0003 80 PENDING ADDRESS ROSEMARIE SCHUMACHER $220.78 $22.08 $242.86 Total $2,910.46 $291.05 $3,201.51 Resolution No. 2019- October 15, 2019 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019- RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE HENNEPIN COUNTY AUDITOR FOR COLLECTION IN 2020 WHEREAS, the records of the Utility Funds of the City of Medina list certain accounts as being delinquent; and WHEREAS, the consumers have been previously notified of the delinquency in accordance with the statutes of the State of Minnesota; and WHEREAS, Minnesota State Statute 444.075 and Section 740.23 of the Medina City Code authorizes certification of such delinquent accounts to the Hennepin County Auditor for collection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota to direct the Hennepin County Auditor to place upon the tax rolls for taxes payable in 2020 the delinquent accounts which are listed in Exhibit A, attached hereto, at an interest rate of 12 percent from the date of adoption of this resolution. Dated: October 15, 2019. Kathleen Martin, Mayor ATTEST: ____________________________________ Jodi Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item # 5G Resolution No. 2019- October 15, 2019 2 Exhibit A PIN PROPERTY ADDRESS PROPERTY OWNER NAME PAST DUE 10% FEE BALANCE 28-118-23-13-0006 2662 BOBOLINK RD BERGQUIST, TIMOTHY $746.93 $74.69 $821.62 02-118-23-41-0044 4225 SHOREWOOD TR REDDI, VIDYOTHAM $173.23 $17.32 $190.55 12-118-23-41-0067 112 HAMEL RD JACOB BROTHERS HAMEL LLC $719.18 $71.92 $791.10 12-118-23-41-0067 110 HAMEL RD JACOB BROTHERS HAMEL LLC $863.80 $86.38 $950.18 12-118-23-41-0066 122 HAMEL RD JACOB BROTHERS HAMEL LLC $2,123.43 $212.34 $2,335.77 02-118-23-41-0007 4230 FOXBERRY CT CHERNE, DEREK/MICHELLE $267.79 $26.78 $294.57 12-118-23-43-0046 3238 BUTTERNUT DR CALLI, BRAD $351.61 $35.16 $386.77 11-118-23-14-0011 800 TOWER DR JEFFREY C. HALEY $193.06 $19.31 $212.37 11-118-23-41-0012 852 HAMEL RD TAYLOR, CAROL $2,208.77 $220.88 $2,429.65 12-118-23-32-0003 631 HAMEL RD COGHLAN, PAUL $51.23 $5.12 $56.35 12-118-23-31-0003 575 HAMEL RD CUMMING, TODD M.$783.26 $78.33 $861.59 12-118-23-31-0040 425 RIDGE VIEW CIR HUTTON, MEGHAN $245.09 $24.51 $269.60 12-118-23-31-0041 435 RIDGE VIEW CIR HENDRICKS, DEAN/TABITHA $128.57 $12.86 $141.43 12-118-23-24-0002 582 STATE HWY NO 55 TATE, JEFFREY J.$382.91 $38.29 $421.20 12-118-23-11-0014 240 CHERRY HILL TR FRAWLEY, KATHLEEN $2,644.59 $264.46 $2,909.05 02-118-23-41-0023 4355 SHOREWOOD TR HAMEED, ADAM A & RENAE $971.26 $97.13 $1,068.39 02-118-23-14-0038 4590 FOXBERRY DR ROE, MARK R.$7,822.15 $782.22 $8,604.37 02-118-23-11-0009 4620 FOXBERRY DR STEINE, NICHOLAS $65.46 $6.55 $72.01 02-118-23-44-0099 873 MEANDER CT SARMOSI LLC $1,742.26 $174.23 $1,916.49 12-118-23-31-0020 587 HAMEL RD MCGLENNAN PROPERTIES $110.14 $11.01 $121.15 02-118-23-34-0032 4170 FESCUE DR STENCE, SCOTT/ALLISON $137.27 $13.73 $151.00 01-118-23-23-0038 715 LILIUM TR GENCK, TIM/MARISSA $146.18 $14.62 $160.80 01-118-23-23-0040 695 LILIUM TR STEFFEN, WILLIAM/KRISTIN $56.97 $5.70 $62.67 13-118-23-11-0056 3084 CYPRESS CIRCLE NO JOSIN, HARVEY/CYNTHIA $923.21 $92.32 $1,015.53 13-118-23-11-0069 3004 CYPRESS CIRCLE NO VIGILANTE, RICHARD/SUSAN $60.46 $6.05 $66.51 12-118-23-43-0119 3375 BUTTERNUT DR COLE, MATT $2,448.53 $244.85 $2,693.38 12-118-23-43-0120 3385 BUTTERNUT DR FINLEY, MARY JANE $60.46 $6.05 $66.51 18-118-23-23-0004 2877 LAKESHORE AVE HERRERA, STEPHANIE $139.66 $13.97 $153.63 18-118-23-22-0192 3112 LAKESHORE AVE ROBINSON, GREG $3,035.60 $303.56 $3,339.16 18-118-23-23-0010 2964 LAKESHORE AVE MONSERUD, BEN/MONICA $448.33 $44.83 $493.16 18-118-23-22-0044 4685 FERN ST GLEASON, MARISSA/JUSTIN $53.43 $5.34 $58.77 18-118-23-21-0017 4525 WALNUT ST ROBERTS, JOE $2,115.43 $211.54 $2,326.97 18-118-23-21-0121 3160 BIRCH AVE SLADEK, DAVID $2,480.47 $248.05 $2,728.52 18-118-23-22-0142 2998 LAKESHORE AVE BJORKLUND, MARCUS/BRIGITTE $362.00 $36.20 $398.20 TOTAL $35,062.72 $3,506.27 $38,568.99 ORONO SCHOOLS TE A CH Why is a technology referendum necessary? Unlike many states, Minnesota does not provide categorical aid for technology. In districts without special technology referenda, technology needs compete with classroom needs. What is the history of support for this levy? The first technology levy was approved in 2002. Voters renewed that commitment in 2011. The board is now asking voters to replace the current levy with a new one that will provide an additional $1 million in funding. If approved, it would remain in place for 10 years (2030). The additional investment required depends upon the market value of a residence or business. (Please see chart on opposite side.) Is additional technology funding necessary? Teachers in every subject area and at every grade level use technology as a tool to engage today’s learners and provide relevant and interactive instruction. Technology also helps teachers individualize instruction with the goal of boosting comprehension and achievement levels. In addition, experience in the use of technology gives our students a competitive edge as they continue their education or join the workforce. How has this funding been used? With designated technology funding, the district has been able to accelerate the personalization of student learning, implement Orono PLUS (our one-on-one initiative) and facilitate parent involvement through systems such as Schoology, SchoolMessenger and ParentVUE. ENGAGING A NEW GENERATION OF LEARNERS IN NEW WAYS There’s no question that technology has transformed our lives. One of its most positive impacts has been documented in teaching. In today’s classrooms, teachers are able to engage students and individualize instruction, plus foster important lifelong skills such as creativity, collaboration and critical thinking, through the purposeful use of technology. The Orono School Board has unanimously approved seeking voter approval for additional technology funding. The vote will be held on Tuesday, November 5. What will the additional funding be used for? New funding would be used to expand teacher training for more effective use of technology in their classrooms, improve communication with parents, enhance cyber security protections and update infrastructure such as servers, routers and wiring. District Total Levy Per Pupil Hopkins $9,795,160 $1,520.04 Eden Prairie $6,550,975 $751.69 Edina $5,754,725 $673.78 Richfield $2,798,535 $670.69 Wayzata $7,004,507 $565.61 Minnetonka $6,013,510 $552.76 Westonka $1,316,397 $526.56 Orono $1,009,496 $344.54 Mahtomedi $634,084 $194.09 Average $4,541,932 $644 Prepared and paid for by Independent School District 278 (Orono Public Schools), 685 N. Old Crystal Bay Rd., Long Lake, MN 55356. This publication is not circulated on behalf of any candidate or ballot question. NEED MORE INFORMATION? The School Board has an ongoing commitment both to keeping you informed and to receiving your comments and ideas. More information is available here: Publications A special brochure will be mailed to all residents and businesses. District Website and Social Media Visit our website at www.orono.k12.mn.us and follow us on Facebook and Twitter. Email Not sure where to direct a comment or question? Please send it to info@orono.k12.mn.us THE INVESTMENT IN TECHNOLOGY WOULD INCREASE BY $8/MONTH ON A HOME OF MEDIAN VALUE* The chart above shows the estimated annual financial impact on homes based on market value. Market value is the amount listed on your county property tax statement. It is usually less than the actual selling price of a home. The figures in the table are based on school district taxes for the renewal levy only, and do not include tax levies for other purposes. Tax increases are gross increases, not including the impact of the state Property Tax Refund (“Circuit Breaker”) program. Many owners of homestead property will qualify for a refund, based on their income and total property taxes. This will decrease the net effect of the levy for many property owners. (Source: Ehlers and Associates, Inc.) Taxable Market Value Current Authority (2019) Proposed Authority (2020) Increased Investment (Monthly) $200,000 $ 45 $ 89 $ 4 $250,000 59 116 5 $300,000 72 143 6 *$400,000 98 197 8 $600,000 149 295 12 $1,000,000 249 492 20 HOW YOU VOTE AND WHERE YOU VOTE MAY HAVE CHANGED You can vote in this election if you are a United States citizen, a resident of the State of Minnesota for at least 20 days prior to the election and of the school district, and 18 years of age or older by November 5, 2019. District residents living in Long Lake, Maple Plain, Medina, Minnetonka Beach, Orono and Wayzata: Absentee Ballots Available Friday, September 20-Monday, November 4, from 7:30 a.m. to 4 p.m. Monday through Friday at the Orono District Office, 685 N. Old Crystal Bay Rd., or by mail via Hennepin County: www.hennepin.us/elections Early Voting (Using voting machine) Available Tuesday, October 29-Monday, November 4, at the Orono District Office, 685 N. Old Crystal Bay Rd. Weekday hours are 7:30 a.m. to 4 p.m. Voting will also be held from 10 a.m. to 3 p.m. on Saturday, November 2. General Election Day (Tuesday, November 5) Polls will be open from 7 a.m. to 8 p.m. at the Orono Council Chambers, 2780 Kelley Pkwy., Orono. No voting will occur at the District Office on November 5. District residents living in Independence: Absentee Ballots Available Friday, September 20-Monday, November 4, from 7:30 a.m. to 4 p.m. Monday through Friday at Independence City Hall, 1920 County Rd. 90, or by mail via Hennepin County: www.hennepin.us/elections Early Voting (Using voting machine) Available Tuesday, October 29-Monday, November 4, at the Independence City Hall, 1920 County Rd. 90. Weekday hours are 8 a.m. to 4:30 p.m. Monday through Thursday and from 8 a.m. to 12 noon on Friday. Voting will also be held from 10 a.m. to 3 p.m. on Saturday, November 2. General Election Day (Tuesday, November 5) Polls will be open from 7 a.m. to 8 p.m. at Independence City Hall, 1920 County Rd. 90. ORONO PUBLIC SCHOOLS | 685 North Old Crystal Bay Road, Long Lake, MN 55356 | 952.449.8300 | www.orono.k12.mn.us Van de Ven/Welch Page 1 of 3 October 15, 2019 Lot Combination/Rearrangement City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson DATE: October 10, 2019 MEETING: October 15, City Council SUBJ: Martha and Andrew Van de Ven; Mark and Sara Welch – 1765 Medina Road/1752 Co. Rd. 24 – Lot Combination/Rearrangement Overview Martha and Andrew Van de Ven have requested approval of a lot combination/rearrangement to rearrange three existing lots into two lots. The Van de Vens live at 1765 Medina Road (northern parcel). Mark and Sara Welch’s home is immediately south of the Van de Vens, located at 1752 County Road 24 (southern parcel). The Welches also own a vacant parcel to the east (eastern parcel), which runs the full length of both the northern and southern parcels. The applicants seek to divide the eastern parcel and combine portions of the parcel to the northern and southern parcel, eliminating the eastern parcel and increasing the size of the northern and southern parcels. The subject properties are each approximately 11-13 acres in size, located between Medina Road and County Road 24. The subject parcels and all surrounding parcels are guided and zoned Rural Residential (RR). An aerial of the subject site and surrounding land can be found to the right. The aerial at the top of the next page shows the two parcels as proposed, outlined in green, after combining portions of the eastern parcel to each. Agenda Item # 8A Van de Ven/Welch Page 2 of 3 October 15, 2019 Lot Combination/Rearrangement City Council Meeting Analysis As noted above, each subject property is currently approximately 11-13 acres in size. After the combination, the Van de Ven parcel would be approximately 16 acres and the Welch property approximately 19 acres. The combination of the lots also addresses a concern related to access for the western parcel. The parcel has frontage on County Road 24, but there are wetlands located along this frontage. Combining the three parcels into two eliminates a separate parcel which may require wetland impacts or easements to receive access. The combination also addresses the fact that a shed owned by the Van de Vens currently encroaches on the eastern lot owned by the Welches. The proposed lots meet the requirements of the RR zoning district, which are summarized in the following table: The City’s subdivision ordinance establishes the following criteria: “the City shall deny approval of a preliminary or final plat if one or a combination of the following finding are made: (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. (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. RR requirement 1765 Medina Rd. Van de Ven Parcel 1752 Co. Rd. 24 Welch Parcel Minimum Lot Area 5 acre cont. suitable 905 acre cont. suitable 5.7 acre cont. suitable Gross Area NA 16.3 acres 20 acres Front Setback 50 feet 343 feet 658 feet Side Setback 50 feet 240 feet (east) 238 feet (west) 434 (east) 86 feet (west) Rear Setback 50 feet 320 feet 284 feet (north) Van de Ven/Welch Page 3 of 3 October 15, 2019 Lot Combination/Rearrangement City Council Meeting (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way.” The proposed lots meet all dimensional requirements of the RR district and do not raise any of the concerns noted in the criteria. As such, staff recommends adoption of the attached resolution which would approve of the lot rearrangement/combination. Potential Action If the Council does not make any of the findings noted for denial above, staff would recommend the following action: Move to adopt the resolution approving a lot combination/rearrangement as attached to the staff report. Attachments 1. Document List 2. Draft resolution 3. Survey displaying lots as proposed Project: LR-19-261 – Van de Ven/Welch Lot Combination/Rearrangement 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 9/6/2019 9.6/2019 3 Yes Yes Deposit 9/6/2019 8/23/2019 1 Yes $1000 Survey – Before 9/6/2019 8/6/2019 1 Yes Yes Survey – After 9/6/2019 8/6/2019 1 Yes Yes Title Commitment 10/9/2019 9/11/2019 7 Yes Yes Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes City Engineer comments No Comments City Attorney comments 9/13/2019 1 Yes City Council Report 10/9/2019 3 8 pages w/ attachments Public Comments Document Date Electronic Notes Resolution No. 2019-## October 15, 2019 Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2019-## RESOLUTION APPROVING A LOT REARRANGEMENT/COMBINATION OF 1765 MEDINA ROAD AND 1752 COUNTY ROAD 24 WITH LAND LOCATED TO THE EAST WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Andrew H. Van de Ven and Martha A. Van de Ven (the “the Van de Vens” or “Applicants”) own property located at 1765 Medina Road (the “Northern Parcel”), which is legally described as: That part of the West Half of the East Four Fifths of the East Half of the South Three Quarters of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota, that lies North of the South 1100.00 feet thereof; and WHEREAS, the Sara K. Welch and Mark A. Welch (the “Welches”) own property located at 1752 County Road 24 (the “Southern Parcel”), which is legally described as: The South 1100.00 feet of the West Half of the East Four Fifths of the East Half of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota; and WHEREAS, the Welches also own property located adjacent to the east (the “Eastern Parcel”), which is legally described as: The West Half of the East Two Fifths of the South Three Quarters of the East Half of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota; and WHEREAS, the Van de Vens and Welches are collectively referred to herein as the “Owners”; and WHEREAS, the Applicants intend to purchase a portion of the Eastern Parcel and have requested approval of a lot combination/rearrangement to combine a portion of the Eastern Parcel to the Northern Parcel and a portion of the Eastern Parcel to the Southern Parcel; and WHEREAS, the proposed lot combination/rearrangement would result in two parcels of land which are proposed to be legally described as displayed in Exhibit A, attached hereto; and WHEREAS, the City Council reviewed the requested lot combination/rearrangement at the October 15, 2019 meeting and reviewed information and recommendation provided by City staff and accepted testimony of interested parties; and Resolution No. 2019-## 2 October 15, 2019 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) The lots resulting from the combination/rearrangement meets minimum lot standards. 3) The lots resulting from the combination is suitable for the type of use contemplated and the combination are otherwise not in conflict with the findings noted in Subd. 10 of Section 820.21 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the lot combination/rearrangement such that the resulting parcels shall be legally described as shown in Exhibit A, attached hereto, subject to the following conditions: 1) Approval shall be conditioned upon execution and recordation of a deed conveying the portion of the Eastern Parcel to the Applicants. 2) The Owners shall abide by the directions of the City Attorney related to title and recording matters. 3) The conveyance and lot combination/rearrangement shall be effectuated within 180 days of the date of the City Council resolution granting approval or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. 4) The Applicants shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the lot combination/rearrangement. Dated: October 15, 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 October 15, 2019 EXHIBIT A Legal Description of Property After Lot Combination/Rearrangement Parcel A (Van de Ven) That part of the West Half of the East Four Fifths of the East Half of the South Three Quarters of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota, that lies North of the South 1100.00 feet thereof. AND That part of the West Half of the East Two Fifths of the South Three Quarters of the East Half of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota, that lies North of the South 1100.00 feet thereof. Parcel B (Welch) The South 1100.00 feet of the West Half of the East Four Fifths of the East Half of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota. AND The South 1100.00 feet of the West Half of the East Two Fifths of the South Three Quarters of the East Half of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota. 64.79' West line of the E 4/5ths of the E 1/2 of the N.E.- 1/4 of Section 22 86.9 03 rn S0043'06 "W Certificate of Survey After co 4q77 8652 ./. -240.6- N rn o Shed 166.2 N87 57'42 "W 791.31 384.58 Born-., Area = 16.30 ACRES N8870'34 "W 528.12 .-Shed <t. Existing House--• 39.99 00 N Parcel B Areo = 20.02 ACRES I North line of the South 3/4ths of the N.E. 1/4 of Section 22 264.48 238.5 - '-Shed 264.10 58870'45"E 40 02 • i• -1- S8810'38" 793.41 rn co Eost line of the W 1/2 of the Eost 4/5ths of the E 1/2 of the N.E. 1/4 of Section 22 co rn O West line of the Eost 2/5ths -of the E 1/2 of the N.E. _, 1/4 of Section 22 .N O O East line of the West 1/2 of --the Eost 2/5ths of the E 1/2 of the N.E. 1/4 of Section 22 40.15 rn COUNTY ROAD 24-ThE `South line of the N.E. `Highwoy Right of Way 1/4 of Section 22 HCASH No. 24 Plot 4 0 200 PROPOSED PROPERTY DESCRIPTIONS Parcel A: 400 Feet That part of the West Half of the East Four Fifths of the East Half of the South Three Quarters of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota, that lies North of the South 1100.00 feet thereof. AND That part of the West Half of the East Two Fifths of the South Three Quarters of the East Half of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota, that lies North of the South 1100.00 feet thereof. Parcel B.: The South 1100.00 feet of the West Half of the East Four Fifths of the East Half of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota. AND The South 1100.00 feet of the West Half of the East Two Fifths of the South Three Quarters of the East Half of the Northeast Quarter of Section 22, Township 118, Range 23, Hennepin County, Minnesota. Certificate of Survey on part of the East 1/2 of the N.E. 1/4 of Section 22, Township 118, Range 23, Hennepin County, Minnesi ta. Revised: I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that l am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Paul E. Otto License #40062 Date: 8-6-19 Requested By: Martha Van de Ven Date: 7-31-19 Drawn By: M.L.O. Scale: 1"=2001 Checked By: P.E.O. www.ottoassociates.com 9 West Division Street Buffalo, MN 553.13 (763)682-4727 Fax: (763)682-3522 • denotes iron monument found O denotes 1/2 inch by 14 inch iron pipe set and marked by License #40062 Project No. Engineers & Land Surveyors, Inc. 19- 0359 Planning Department Update Page 1 of 2 October 15, 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: October 10, 2019 SUBJ: Planning Department Updates – October 15, 2019 City Council Meeting Land Use Application Review A) 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. The Planning Commission held a public hearing at the October 8 meeting. A number of residents provided written comment and one spoke in opposition of the amendment. Following the hearing, the Planning Commission voted 4-2 to recommend denial of the Comprehensive Plan Amendment. The request is planned to be presented to the Park Commission on October 16 and City Council on November 6. B) 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 public hearing was held at the October 8 Planning Commission meeting. The owner to the west of the site spoke in opposition of the rezoning and the use of the site for self- storage. Following the hearing, the Planning Commission voted 5-1 to recommend approval of the rezoning. C) 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 intends to present the request at the October 15 meeting. D) 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 shop 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 November 12 Planning Commission meeting. E) 4585 Balsam Hardcover Variance – Dave Raskob has requested a variance from the 25% hardcover limitation for a lot within the shoreland overlay district, to 32.4%. Staff is conducting a preliminary review and the planning commission is tentatively scheduled to review on November 12. F) 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. G) 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. H) 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 Planning Department Update Page 2 of 2 October 15, 2019 City Council Meeting 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. I) 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. Construction is planned to begin the week of October 14. J) 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. K) 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 still awaiting Independence. B) Zoning Enforcement – two correction notices are pending for zoning violations. C) Highway 55 Bus Rapid Transit – Staff attended a meeting with Hennepin County, Plymouth, Golden Valley, and the Metropolitan Council related to planning for potential BRT along Highway 55. D) Wealshire – I met with Wealshire, who potentially plans to begin construction on Phase II of their project next year. TO: City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: October 10, 2019 RE: Police Department Updates CSO Hiring Kaylen started her field training on October 7, 2019. We are back to full staff. Kaylen will be working afternoons while she finishes her skills course at Hennepin County Technical. If you see her around, please welcome her. Holiday Train Scheduled for Loretto We were notified that the Holiday Train will be arriving in Loretto on December 12th. We will start the planning process for the event. Each year this event has been a great success. Please put it on your calendars. Patrol Updates – Sgt. Nelson For the dates of September 25 to October 9, 2019, our officers issued 56 citations and 112 warnings for various traffic infractions. There was a total of 5 traffic accidents, 13 medicals, and 13 alarms. On 09-25-19, Officer Scharf, conducted a traffic stop on a passenger vehicle. The driver was found to be in possession of cocaine, possession of prescription pills, possession of marijuana and other narcotics. The driver was arrested and transported to the Hennepin County Jail. On 09-25-19, I was dispatched to a theft in progress at Target. Target Loss Prevention advised that there was a male and female working together to steal clothing items. After some time in the store, the male and female exited and ran to a car parked in the lot. I approached the vehicle on foot and tried to arrest the subjects, but they fled in their car. I was able to catch the vehicle and stopped it behind Casey’s General Store. The male was found in possession of stolen merchandise and also had methamphetamine in his pocket. The male had several felony warrants from Carver County for narcotics. The male was arrested and transported to the Hennepin County Jail. On 09-28-19, Officers Converse and Boecker were dispatched to the Loretto area for a weapons complaint. Upon arrival, it was learned that a person that law enforcement frequently deals with was MEMORANDUM intoxicated and had dropped a handgun while sitting in the neighbor’s yard. The gun was located, and the male was subsequently arrested and transported to the Hennepin County Jail. On 10-03-19, Officer Scharf was requested to assist Corcoran Police with a female that was acting strange. Upon arrival, the female was located and was found to be under the influence of narcotics. She was found to be in possession of methamphetamines and was subsequently placed on a health and welfare hold where she was transported to a local hospital. On 10-04-19, Officers Hall and Scharf were dispatched to a hit-and-run in the Holiday Gas Station parking lot on Baker Park Road. Officer Scharf was able to locate the striking vehicle about a mile away and the driver was found to have no driver license, no insurance on the vehicle and was subsequently arrested. On 10-05-19, Officers Hall and Scharf were dispatched to McDonalds for an intoxicated employee. Upon arrival, they located a juvenile employee and he was clearly under the influence of alcohol and other narcotics. The juvenile is someone that we are familiar with and his parent was called to come and pick him up. Investigator Update – Investigator McKinley Took a report of fraudulent use of a credit card. Victim had several cards stolen from their purse. Those cards were used at various businesses in the metro area. Total loss to the victim was over $9,000. A crime alert was sent out with information about the suspects. Took an initial report of a possible sexual assault involving a victim under the age of 18. The person who reported the crime is not the custodial guardian of the victim. I have left a voicemail for the parent of the victim to contact me to discuss the case. Investigation is ongoing. Continuing to follow up on past fraud/theft reports. I have identified a possible suspect and I am making attempts to speak with them in person. Worked two patrol shifts to cover for vacations. MEMORANDUM TO: City Council, through City Administrator Scott Johnson FROM: Steve Scherer, Public Works Director DATE: October 10, 2019 MEETING: October 15, 2019 SUBJECT: Public Works Update STREETS • The Hickory Dr project is near completion. The curb is in and first lift of paving is complete. The pond has been stabilized, seeded, and growing grass. We are comfortable putting down the final lift this fall if the weather holds out. The wear course was scheduled for next spring, but the base was very solid, and it would be great to finish this project. • The Brockton project has had some delays and is still behind schedule but most of the curb is in. This week they are working on a large retaining wall along the Plymouth side across from the park. Once the wall is complete, they will pour the rest of the curb and install the base asphalt. The plan is to finish the project this fall despite some setbacks with weather. There are overages on the engineering side due to the extended length of the project. Discussions will take place with Plymouth to make sure we all agree on the extra inspection charges. • Striping for Medina Road has been ordered and should be completed soon. • The city will be accepting the streets at the Reserve phase 1, The Enclave phases 5 and 6, and the Woodland Hill Preserve development. Public Works will be adding all of this to our plow routes this upcoming season. WATER/SEWER/STORMWATER • Public Works and Planning are working to update our stormwater manual to include maintenance. With this comes inspections, tracking, and decisions about who is responsible for what. Discussions have begun and we should be on our way to getting this complete by the end of the year. • Meter readings were completed this week. Public works will evaluate any need for meter or radio replacements in the upcoming year. • Punch list items are being completed on several locations; most of the issues are leaking manholes. PARKS/TRAILS • We will likely have to extend our mowing contract an extra week or so if it doesn’t cool down considerably because the grass is still growing at a rapid pace. Our contract runs until mid-October. Fall clean up will need to take place a little later because most of the leaves have not dropped. Page 2 of 2 MISCELLANEOUS • Public Works took in 300 tons of salt for the upcoming snow season. The equipment is ready and Public Works will be prepared for the first snow. We are adding more streets and we did lose some experience with Ivan’s retirement, but we will make sure it gets completed timely and done well. ORDER CHECKS OCTOBER 1, 2019 – OCTOBER 15, 2019 049372 ASHOK, VASUDEV & KAIMAL/GEETA ..................................... $450.00 049373 BANERJEE, PIYALI ................................................................... $650.00 049374 EDINA REALTY ........................................................................... $87.13 049375 HILYAR, MATTHEW .................................................................. $250.00 049376 HOLIDAY FLEET ......................................................................... $18.25 049377 HYDE, TODD/SEENA ................................................................ $300.33 049378 KOLAITIS, JILL .......................................................................... $250.00 049379 LEN BUSCH ROSES ................................................................. $250.00 049380 MARCO (LEASE) ....................................................................... $283.34 049381 MARK OF EXCELLENCE HOMES INC ..................................... $999.98 049382 MUNSELL, DANIEL ................................................................... $194.35 049383 PRIMROSE SCHOOL OF EDINA .............................................. $250.00 049384 PULTE GROUP .................................................................... $20,000.00 049385 SCHAFER, CHRISTINA/MICHAEL ............................................ $250.00 049386 VILLAS AT MEDINA COUNTRY CLUB ...................................... $250.00 049387 ABDO, EICK & MEYERS LLP .................................................... $100.00 049388 APPLIED CONCEPTS INC ........................................................ $219.00 049389 ASSN PUBLIC MGMT PROF (APMP) ......................................... $30.00 049390 BEAUDRY OIL & PROPANE .................................................. $3,870.68 049391 BLUE CROSS BLUE SHIELD OF MN ................................... $31,391.26 049392 BRYAN ROCK PRODUCTS ...................................................... $972.82 049393 BURSCHVILLE CONSTRUCTION INC ................................. $11,250.00 049394 CARGILL INC. ...................................................................... $22,588.39 049395 CONTEMPORARY IMAGES ................................................... $2,235.18 049396 CORE & MAIN LP ........................................................................ $83.52 049397 CORNER HOUSE/INTERAGENCY CTR. ............................... $1,218.39 049398 DAVEY TREE EXPERT COMPANY ....................................... $6,725.00 049399 DPC INDUSTRIES INC ........................................................... $4,070.91 049400 ECM PUBLISHERS INC ............................................................ $118.73 049401 EMERY S TREE SERVICE ..................................................... $2,920.00 049402 ENGEL WATER TESTING INC.................................................. $750.00 049403 GOODIN COMPANY ................................................................... $80.07 049404 GOPHER STATE ONE CALL INC ............................................. $527.85 049405 GRAFIX SHOPPE ........................................................................ $60.72 049406 GRAINGER................................................................................ $283.65 049407 HAKANSON ANDERSON ASSOCIATES I ................................ $500.00 049408 HAMEL BUILDING CENTER ..................................................... $370.61 049409 HAMEL LIONS CLUB ................................................................ $825.00 049410 HENN COUNTY INFO TECH .................................................. $2,164.58 049411 HENN COUNTY SHERIFF...................................................... $1,885.00 049412 HENN CTY RECORDER REGISTRAR ........................................ $41.50 049413 HOTSY EQUIPMENT OF MN INC ............................................. $450.80 049414 JIMMYS JOHNNYS INC ............................................................ $575.00 049415 KD & COMPANY RECYCLING INC ........................................... $735.98 049416 KELLYS WRECKER SERVICE INC ........................................... $209.68 049417 KENNEDY & GRAVEN CHARTERED .................................. $16,540.10 049418 LANO EQUIPMENT INC ............................................................ $194.65 049419 LEXISNEXIS ................................................................................ $40.00 049420 MAPLE PLAIN, CITY OF ........................................................ $1,541.37 049421 MATHESON TRI-GAS INC .......................................................... $78.94 049422 MET COUNCIL (WASTEWATER SVC) ................................ $32,076.54 049423 METRO ELEVATOR INC ........................................................... $190.00 049424 MORRIS ELECTRONICS INC. .................................................. $180.00 049425 NAPA OF CORCORAN INC ...................................................... $239.74 049426 NITRO GREEN LAWN & TREE CARE ................................. $10,289.50 049427 NORTHWEST ASPHALT INC ............................................. $114,534.76 049428 NORTHWEST HENN LEAGUE OF MUN ................................... $200.00 049429 OFFICE DEPOT .......................................................................... $50.53 049430 OMANN BROTHERS PAVING INC ...................................... $34,011.57 049431 ORONO, CITY OF .................................................................. $1,337.97 049432 SIEMENS INDUSTRY INC......................................................... $240.00 049433 STREICHERS INC ................................................................ $11,499.59 049434 TALLEN & BAERTSCHI .......................................................... $2,404.99 049435 TIME SAVER OFFSITE SEC SVCS IN ...................................... $161.75 049436 VESSCO, INC. ........................................................................ $2,826.00 049437 WATER CONSERVATION SERVICE INC ................................. $375.20 049438 WESTSIDE WHOLESALE TIRE ................................................ $588.74 049439 WSB & ASSOCIATES INC.................................................... $49,893.25 049440 CENTERPOINT ENERGY ......................................................... $199.78 049441 CHRISTOPHER, MARK ............................................................... $40.00 049442 COMMERCIAL ASPHALT CO. ............................................... $4,065.05 049443 DKAE, CHUMA OR DIANE .......................................................... $16.38 049444 MET COUNCIL (SAC) ............................................................. $7,380.45 049445 METRO WEST INSPECTION ............................................... $10,688.87 049446 PREMIUM WATERS INC ............................................................. $50.34 Total Checks $423,673.76 ELECTRONIC PAYMENTS OCTOBER 1, 2019 – OCTOBER 15, 2019 005253E VOID .............................................................................................. $0.00 SOFTWARE SKIPPED CK # 005254E PR PERA .............................................................................. $16,479.04 005255E PR FED/FICA ....................................................................... $17,404.19 005256E PR MN Deferred Comp ........................................................... $1,590.00 005257E PR STATE OF MINNESOTA .................................................. $4,070.54 005258E CITY OF MEDINA ........................................................................ $21.00 005259E FURTHER .............................................................................. $1,402.52 005260E FURTHER .............................................................................. $2,438.31 005261E CIPHER LABORATORIES INC. ............................................ $11,922.98 005262E PITNEY BOWES POSTAGE BY PHONE ............................... $1,000.00 005263E PAYMENT SERVICE NETWORK INC ....................................... $938.34 005264E CENTURYLINK.......................................................................... $236.86 005265E CULLIGAN-METRO ..................................................................... $33.70 005266E FRONTIER .................................................................................. $57.41 005267E FURTHER ................................................................................. $501.46 005268E MEDIACOM OF MN LLC ........................................................... $220.99 005269E VALVOLINE FLEET SERVICES .................................................. $82.93 005270E VERIZON WIRELESS ............................................................. $1,441.84 005271E XCEL ENERGY ...................................................................... $7,996.84 005272E ELAN FINANCIAL SERVICE .................................................. $3,691.24 Total Electronic Checks $71,530.19 PAYROLL DIRECT DEPOSIT OCTOBER 2, 2019 0509741 JOHNSON, PATRICK M. .......................................................... $810.06 0509742 ALBERS, TODD M. ................................................................... $230.87 0509743 ALTENDORF, JENNIFER L. .................................................. $1,430.55 0509744 ANDERSON, JOHN G. ............................................................. $230.87 0509745 BARNHART, ERIN A. ............................................................ $2,456.42 0509746 BELLAND, EDGAR J. ............................................................ $2,791.02 0509747 BOECKER, KEVIN D. ............................................................ $2,639.61 0509748 CONVERSE, KEITH A. .......................................................... $2,217.49 0509749 DESLAURIES, DEAN ............................................................... $230.87 0509750 ENDE, JOSEPH..................................................................... $1,644.66 0509751 FINKE, DUSTIN D. ................................................................ $2,637.75 0509752 GALLUP, JODI M. .................................................................. $1,916.04 0509753 GLEASON, JOHN M. ............................................................. $2,185.16 0509754 GREGORY, THOMAS ........................................................... $2,014.73 0509755 HALL, DAVID M. .................................................................... $2,366.30 0509756 JACOBSON, NICOLE ............................................................... $856.62 0509757 JESSEN, JEREMIAH S. ......................................................... $2,370.70 0509758 JOHNSON, SCOTT T. ........................................................... $2,206.31 0509759 JONES, KATRINA M.............................................................. $1,417.77 0509760 KLAERS, ANNE M. ................................................................ $1,370.92 0509761 LEUER, GREGORY J. ........................................................... $2,117.85 0509762 MARTIN, KATHLEEN M ........................................................... $327.07 0509763 MCGILL, CHRISTOPHER R. ................................................. $1,594.51 0509764 MCKINLEY, JOSHUA D ......................................................... $1,973.73 0509765 NELSON, JASON .................................................................. $2,719.54 0509766 PEDERSON, JEFF ................................................................... $227.97 0509767 PETERSON, DEBRA A. ......................................................... $2,020.16 0509768 REINKING, DEREK M ........................................................... $2,364.52 0509769 ROERICK, AUSTIN ............................................................... $1,376.38 0509770 SCHARF, ANDREW .............................................................. $2,347.06 0509771 SCHERER, STEVEN T. ......................................................... $2,292.82 0509772 SCHNEIDER, BENJAMIN ......................................................... $736.40 Total Payroll Direct Deposit $54,122.73