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HomeMy Public PortalAbout10.17.2023 City Council Meeting Packet Posted 10/13/2023 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, October 17, 2023 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 3, 2023, Regular City Council Meeting V. CONSENT AGENDA A. Approve Final Voucher for Arrowhead Drive Turn Lane Expansion Project B. Approve Final Voucher for Clydesdale Trail Rehabilitation Project C. Approve LMCIT Insurance Liability Renewal Waiver D. Resolution Certifying Delinquent Utility Charges to the Hennepin County Auditor for Collection in 2024 E. Resolution Certifying Delinquent Storm Water Utility Charges to the Hennepin County Auditor for Collection in 2024 F. Resolution Certifying Delinquent City Charges for Services to the Hennepin County Auditor for Collection in 2024 G. Resolution Authorizing Execution of MNDOT Agreement No. 1053965 Pertaining to Turn Lane Construction for Eagle Bluff 5th Addition VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Resolution Awarding the Sale of $2,215,000 General Obligation Improvement Bonds, Series 2023A B. Personnel Policies Update VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. ADJOURN Meeting Rules of Conduct to Address the City Council: • Fill out & turn in comment card • Give name and address • Indicate if representing a group • Limit remarks to 3 minutes (period may be reduced by Council) 1 MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: October 12, 2023 DATE OF MEETING: October 17, 2023 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Final Voucher for Arrowhead Drive Turn Lane Expansion Project – The completed project has been reviewed and agreed upon with the contractor. Staff recommends that the City of Medina approve the final pay voucher for New Look Contracting, Inc. See attached pay voucher. B. Approve Final Voucher for Clydesdale Trail Pavement Rehabilitation Project – The completed project has been reviewed and agreed upon with the contractor. Staff recommends that the City of Medina approve the final pay voucher for GMH Asphalt Corporation. See attached pay voucher. C. Approve LMCIT Insurance Liability Renewal Waiver – The City is required to approve the LMCIT form each year. Staff recommends approval. See attached waiver. D. Resolution Certifying Delinquent Utility Charges to the Hennepin County Auditor for Collection in 2024 – Staff recommends approval of the resolution certifying delinquent utility charges to the Hennepin County Auditor for collection in 2024. See attached resolution. E. Resolution Certifying Delinquent Storm Water Utility Charges to the Hennepin County Auditor for Collection in 2024 – Staff recommends approval of the resolution certifying delinquent storm water utility charges to the Hennepin County Auditor for collection in 2024. See attached resolution. 2 F. Resolution Certifying Delinquent City Charges for Services to the Hennepin County Auditor for Collection in 2024 – Staff recommends approval of the resolution certifying delinquent City Charges for Services to the Hennepin County Auditor for collection in 2024. See attached resolution. G. Resolution Authorizing Execution of MNDOT Agreement No. 1053965 Pertaining to Turn Lane Construction for Eagle Bluff 5th Addition – Pursuant to recommendations and requirements of the State of Minnesota Department of Transportation (“MnDOT”) related to site access to the Subdivision, the Development Agreement requires that the Developer conduct certain turn lane construction and other associated construction upon, along, and adjacent to Trunk Highway No. 55 which has been designated by MnDOT for the Adam’s Pest Control project. Staff recommends approval. See attached resolution and agreement. VII. NEW BUSINESS A. Resolution Awarding the Sale of $2,215,000 General Obligation Improvement Bonds, Series 2023A – An Ehler’s Representative will be present at the City Council Meeting to discuss the results of the bond sale. Recommended motion: Motion to approve resolution awarding the sale of general obligation improvement bonds, series 2023A, in the original aggregate principal amount of $2,215,000; fixing their form and specifications; directing their execution and delivery; and providing for their payment. B. Personnel Policy Updates – Staff have drafted updated personnel policies to ensure compliance and consistency with recent legislative changes. The largest changes are related to drug and alcohol testing with the legalization of adult-use cannabis in the state, updated sick leave policies with the passage of the Earned Sick and Safe and Safe Time law, and other changes related to pregnancy, nursing, and parental leave. Recommended Motion: Motion to approve the amended personnel policies. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, order check numbers 054889- 054944 for $1,063,654.94, EFT 007019E-007036E for $63,611.06, payroll EFT 0513058-05132092 for $66,677.39. Medina City Council Meeting Minutes October 3, 2023 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 3, 2023 3 4 The City Council of Medina, Minnesota met in regular session on October 3, 2023 at 5 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, DesLauriers, Martin, and Reid. 10 11 Members absent: Cavanaugh. 12 13 Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Attorney 14 Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City 15 Planning Director Dusty Finke, Public Works Director Steve Scherer, and Police 16 Sergeant Kevin Boecker. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:00 p.m.) 24 25 A. Approval of the September 19, 2023 Regular City Council Meeting Minutes 26 Moved by Martin, seconded by Reid, to approve the September 19, 2023 regular City 27 Council meeting minutes as presented. Motion passed unanimously. 28 29 B. Approval of the September 26, 2023 Special City Council Meeting Minutes 30 Moved by Martin, seconded by Albers, to approve the September 26, 2023 special City 31 Council meeting minutes as presented. Motion passed unanimously. 32 33 V. CONSENT AGENDA (7:01 p.m.) 34 35 A. Adopt Resolution Accepting Donations for Medina Celebration Day 2023 36 B. Adopt Ordinance Prohibiting the Sale of Edible Cannabinoid Products 37 Under Minnesota Statutes, Section 151.72 38 C. Adopt Resolution to Public Ordinance Prohibiting the Sale of Edible 39 Cannabinoid Products by Title and Summary 40 Martin expressed appreciation for the donations received for Medina Celebration Day. 41 42 Moved by Albers, seconded by DesLauriers, to approve the consent agenda. Motion 43 passed unanimously. 44 45 VI. COMMENTS (7:02 p.m.) 46 47 A. Comments from Citizens on Items not on the Agenda 48 There were none. 49 50 Medina City Council Meeting Minutes October 3, 2023 2 B. Park Commission 1 Scherer reported that the Park Commission discussed pickleball at its last meeting and 2 recommended that the City Council not remove pickleball from Hunter Lions Park. 3 Additionally, based on the sound study, the Commission determined that sound 4 mitigation is not a feasible solution and recommended that sound mitigation not be 5 pursued at this time. He stated that the Commission recommended that before its next 6 meeting, the Commission should explore ways to work with a committee to find an 7 alternate solution. He confirmed that the kayak racks have been installed along with the 8 seating areas and benches would be installed within the next week at Lakeshore Park. 9 He commented that the grandstand is looking great and highlighted a few remaining 10 items that need to be completed. He noted that will be a great addition to that park. 11 12 C. Planning Commission 13 Finke reported that the Planning Commission will meet the following week to hold a 14 hearing to consider an amendment to the plat and PUD for the Meander Park and 15 Boardwalk project. He noted that the applicant is looking to purchase additional land to 16 the east to expand the parking and other features along with the addition of solar panels. 17 18 Martin asked if the interest rate conditions are slowing down development in Medina. 19 20 Finke suspected that is part of the issue along with a lack of platted lots for development. 21 He noted that there were a fair number of permits issued last month as there were six 22 twinhome units and a larger commercial development. 23 24 DesLauriers asked for more detail on the solar panel carport concept. 25 26 Finke replied that there would be pillars that the panels would sit on above the parking 27 area with clearance for vehicles underneath. He was not aware of an example locally 28 but noted that there would be examples in other locations that he could gather. 29 30 VII. PRESENTATIONS (7:08 p.m.) 31 32 A. Wayzata Public School Technology Levy Presentation 33 Wayzata School District Superintendent Chase Anderson thanked the City for its 34 partnership over the years noting that he has appreciated the opportunity to meet with 35 staff in the past related to projects and collaboration. He referenced the 80-acre parcel 36 that the School District owns in Medina, noting that the eventual purpose was for an 37 elementary and middle school. He commented that COVID slowed down their growth 38 projections but that is picking back up. He stated that he is present tonight to provide 39 information on the technology levy that is on the November 7th ballot, noting that early 40 voting has begun. He stated that this technology levy would otherwise expire in 2025 41 and the other technology levy would expire in 2029. He reviewed some of the items 42 provided for under the technology levies. He commented that there are four open seats 43 on the School Board, recognizing the members that have chosen not to run for 44 reelection. He commented that there are six candidates running in this election and 45 more information can be found on the School Board website. He played a short video 46 explaining more about the technology levy request. He commented that they have been 47 fortunate to have supportive communities, noting that typically the technology levies 48 pass with a rate of 80 percent. 49 50 Medina City Council Meeting Minutes October 3, 2023 3 DesLauriers asked for an update on recruiting teachers and whether there is funding for 1 competitive wages. 2 3 Anderson replied that hiring can be challenging. He stated that they have been able to 4 draw in good candidates but acknowledged that there are fewer candidates. He 5 believed that they are able to offer competitive pay. 6 7 DesLauriers asked if enrollment is full or whether students are still being accepted from 8 other cities. 9 10 Anderson replied that they have been closed to open enrollment for a number of years. 11 He commented that COVID had a negative impact on enrollment, which in turn impacted 12 the financial assistance received from the State. He stated that they considered 13 reopening open enrollment for grades nine and ten. 14 15 Martin thanked Anderson and his staff for the work they do to enrich the lives of the 16 children in the community. 17 18 VIII. OLD BUSINESS 19 20 A. Tree Preservation Ordinance Discussion (7:24 p.m.) 21 Johnson noted that the Council reviewed the proposed changes to the ordinance at its 22 last meeting and provided additional direction to staff. He noted that staff has gathered 23 the additional information. 24 25 DesLauriers recused himself from the discussion. 26 27 Finke stated that he will be updating the ordinance with “pioneer trees”. He stated that 28 staff also researched the use of bare root trees and discovered that it could be beneficial 29 to allow them as it would provide for a more diverse tree species population. He noted 30 that perhaps two-inch credit is allowed for 1.5-inch trees in order to encourage a more 31 diverse tree population as not all species come in two-inch sizes. 32 33 Reid agreed as she preferred to have a more diverse tree community. 34 35 Albers agreed that diversity is good. He noted that sometimes trees are overplanted and 36 when a disease comes through that then has a larger impact. He asked what species of 37 trees would fall under that category. 38 39 Finke provided some examples that would fall under the two-inch category and 40 additional examples that would fall into the lower size category. 41 42 Scherer commented that when he purchases trees in the spring there is a huge list of 43 bare root trees. He noted that smaller trees also tend to grow faster. He agreed that 44 this change would be helpful to promote diversity. 45 46 Albers commented that if bare root were allowed, he would not want to go smaller than a 47 one-inch size. He stated that if that were done, perhaps the maintenance period is 48 changed from two to three years. 49 50 Medina City Council Meeting Minutes October 3, 2023 4 Martin stated that perhaps the maintenance period is changed to three years for all trees 1 in order to avoid a situation where different trees have different guarantee periods. The 2 Council agreed. 3 4 Finke commented that he can look into that and provide feedback. He stated that 5 perhaps the change to three years is made for bare root stock. 6 7 Scherer commented that he would be interested in feedback from WSB as there is a gap 8 between two and three years where many balled and burlap trees are lost. 9 10 Finke stated that staff was able to create a spreadsheet, as they have discussed, in 11 order to provide the three examples requested by the Council and reviewed that 12 information. He reviewed how the tree inventory was broken down into different 13 categories. He then reviewed what would need to be replaced on an inch per inch basis, 14 on tree per tree for disease susceptible, and reducing the pioneer trees to half an inch 15 per inch replacement. He then reviewed the number of inches/trees that would be 16 required to be replanted on this size parcel and related payment to the forestry fund. He 17 stated that historically the requirement for replanting has exceeded what could feasibly 18 be planted on a site and therefore the result of the changes to the ordinance would be 19 related to the payment into the forestry fund. 20 21 Albers noted the substantial difference between columns F and H on those payments. 22 23 Finke stated that comes down to the value that is placed on different tree species. 24 25 Martin commented that the chart was very helpful. She commented that a tree is a tree 26 and reviewed the benefits that trees provide, regardless of species and therefore there 27 should be little difference in the valuation because of the environmental benefit provided 28 by trees. 29 30 Albers agreed that a tree is a tree and different trees have different purposes. He noted 31 that even a boxelder has a purpose. 32 33 Finke commented that if a tree is a tree, the inch per inch standard would come into 34 discussion as a tree will eventually grow and therefore a large tree could be replaced 35 with one tree. 36 37 Martin commented that when she looked at the table, she was more inclined to only 38 reduce replacement for trees that would die anyways, such as elm and ash. 39 40 Reid noted that elms will always be vulnerable therefore those should be looked at 41 differently and commented that ash could also factor into that. She stated that diversity 42 would be important as there will always be something that comes along. She agreed 43 that those trees could be valued lower. 44 45 Martin commented that in terms of species of tree, the only differentiation would be for 46 insect disease prone trees. She asked if certain species of trees, because of their ability 47 to grow so fast, not be replaced at the same inch per inch basis. 48 49 Albers agreed, noting that he would tend to limit that to the few fast-growing species of 50 trees. 51 Medina City Council Meeting Minutes October 3, 2023 5 1 Martin agreed noting that would be the pioneering tree category. She asked if there is a 2 maximum size that would apply to that lesser replacement calculation for pioneer trees. 3 4 Albers suggested that be allowed up to a certain size, suggesting 36 inches as the 5 differential. 6 7 Finke provided additional factors that a developer may consider when laying out a 8 potential development. He noted if boxelders have a lesser replacement rate, a 9 developer may choose to remove those trees and preserve higher value trees. He 10 stated that perhaps he consults with WSB to determine if there is a tipping point on 11 pioneer trees where they will not have much longer of a lifespan and perhaps the 12 differential is placed at that point. 13 14 Martin confirmed that there is a consensus to place a cap on the inch per inch 15 replacement for pioneer trees. She asked if there should be an incentive/penalty related 16 to old growth hardwood trees. 17 18 Finke stated that the two ways to do that would be to have a more complicated chart that 19 allows a lower removal allowance for deciduous hardwood trees or to do so through the 20 replacement requirement which would be done by having a lower replacement for other 21 lesser desired trees or higher replacement for deciduous hardwood trees. He explained 22 how the waiver exists in policy today and was unsure if there would be a way to build in 23 discretion to provide flexibility for preserving to be what the City determines to be higher 24 value wooded areas. He confirmed that has been done through a PUD and agreed that 25 is a good tool because other flexibility can be provided for other standards. He noted 26 that a developer may not be incentivized to use the PUD path because it puts everything 27 at the discretion of the City. 28 29 Martin noted that if boxelders do not require the same level of replacement and 30 hardwoods require two for one replacement, that could provide the desired result. 31 32 Finke noted that the question would then be how far Medina wants to go compared to 33 other communities. He noted that there are some cities that define a heritage tree over 34 a certain size and require a different replacement rate for that. 35 36 Albers confirmed that would also meet his objective. 37 38 Finke commented that he has a concern with noting a size of tree, as that would not 39 protect a stand of trees that would have trees of different sizes. 40 41 Albers noted that the forest inventory has identified the high-quality remnants of the big 42 woods in the area. 43 44 Finke commented that in a single development site there would not be that distinction 45 from a natural resources standpoint. 46 47 Albers noted that natural resources inventory overlay could be compared to the 48 development site. 49 50 Medina City Council Meeting Minutes October 3, 2023 6 Finke commented that from a natural resources inventory standpoint, the broader tool is 1 to look at the inventory and guide those areas appropriately, as once you are on an 2 individual parcel for development that opportunity is sometimes missed. He stated that 3 there are also questions of equity for a person that owns a parcel with a stand of trees 4 that is available for development. He explained that the larger tool would be zoning. 5 6 Albers asked if there is regulation in Medina related to logging. 7 8 Finke replied that the City would regulate that removal, not exempt it, unless it was 9 planned for that purpose. 10 11 Albers recognized the intent of a Christmas tree farm. He asked how a parcel would fall 12 that is 40 acres in size and trees are removed to open up portions of the parcel. 13 14 Finke replied that there would be a lower removal allowance than a typical development 15 because of the roads and utilities involved for a development. He explained how tree 16 removal on private properties is documented and tracked. He commented that it seems 17 there is interest in using the removal percentage rather than just the replacement ratios 18 for hardwoods, although he was unsure quite how to develop that method. He noted 19 that there is a baseline recognition that there will be a certain level of trees needed for 20 removal in order to support development and then additional guidelines should be in 21 place to incentive/disincentive the trees they place lower or higher value on. 22 23 Martin commented that she does appreciate the efforts of staff as this is something they 24 have wanted to dive into for some time, and the lack of development has allowed this 25 more thorough review and discussion. 26 27 Finke referenced the topic of planted trees, noting that the current ordinance does 28 provide some account for trees that were planted by the property owner. He explained 29 how the process has worked to provide credit for planted trees through a waiver or PUD, 30 noting that the City has not actually ever followed the current process outlined in the 31 ordinance. He then provided an example of how the current ordinance language would 32 apply. 33 34 Albers stated that perhaps if the goal is to preserve trees, they should focus on the 35 percentage allowed for removal. 36 37 Martin asked Finke for input on planted trees. 38 39 Finke stated that one option would be to have no provision for planted trees. 40 41 Albers asked for a tree worksheet from another past development for comparison 42 purposes. 43 44 Finke stated that he probably could do that, recognizing that would provide more data 45 points but also wanted them to focus on things that could help them move ahead. He 46 stated that other development was not a PUD and the credit was provided under the 47 waiver portion of the Code. 48 49 Martin commented that she believes it would be appropriate to give some credit for 50 planted trees. 51 Medina City Council Meeting Minutes October 3, 2023 7 1 Albers agreed. 2 3 Finke stated that perhaps rather than giving credit at two inches, credit is given to the 4 size of the planted tree. 5 6 Martin stated that perhaps the credit is for planted hardwoods and perhaps conifers as 7 well. She stated that if ash or elm was planted, she would not want to give credit for 8 those. She stated that she is not interested in giving credit for the actual size and would 9 want to stay with the two inch. 10 11 Finke stated that the language as written accomplishes that goal. 12 13 Martin noted that the definition of native tree should be moved to the definition section. 14 She also thought it would make sense to include the three most prominent invasive 15 species within the ordinance under the exemptions. She provided additional language 16 suggestions to be added. She commented that in the next report she would like to see 17 the redline of the current ordinance, and a second redline that would show the changes 18 resulting from this discussion. 19 20 DesLauriers rejoined the Council. 21 22 IX. CITY ADMINISTRATOR REPORT (8:41 p.m.) 23 Johnson had nothing further to report. 24 25 X. MAYOR & CITY COUNCIL REPORTS (8:41 p.m.) 26 No comments. 27 28 XI. APPROVAL TO PAY THE BILLS (8:41 p.m.) 29 Moved by DesLauriers, seconded by Martin, to approve the bills, order check numbers 30 054838-054888 for $324,423.27, EFT 007003E-007018E for $71,825.49, and payroll 31 EFT 0513028-05132057 for $65,983.17. Motion passed unanimously. 32 33 XII. ADJOURN 34 Moved by Albers, seconded by DesLauriers, to adjourn the meeting at 8:42 p.m. Motion 35 passed unanimously. 36 37 38 __________________________________ 39 Kathleen Martin, Mayor 40 Attest: 41 42 ____________________________________ 43 Caitlyn Walker, City Clerk 44 \\wsbgvfiles01.wsbeng.local\projects\017326-000\Admin\Construction Admin\Pay Vouchers\017326-000 CST LTR VO 5 & FNL CTY-s scherer-100223.docx 70 1 X E N I A A V E N U E S | SU I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M October 2, 2023 Mr. Steve Scherer, Public Works Director City of Medina 2052 County Road 24 Medina, MN 55340 Attn: Scott Johnson, City Administrator Erin Barnhart, Finance Director Jennifer Altendorf, Accountant Re: Construction Pay Voucher No. 5 (Final) and Final Project Close-Out Documents Arrowhead Drive Turn Lane Expansion Project (SAP 250-112-001) City of Medina, MN WSB Project No. 017326-000 Dear Mr. Scherer: Please find enclosed Construction Pay Voucher No. 5 and final in the amount of $33,612.46 for the above-referenced project. This final payment request represents the final quantities for the project and the release of the retainage on the contract. We recommend that the City of Medina approve Construction Pay Voucher No. 5 and final for New Look Contracting, Inc. at the October 17, 2023, City Council meeting, subject to receipt of the following items: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax (IC134 forms). 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured (lien waivers). 3. Consent of Surety to Final Payment certification from the contractor’s surety. 4. Two-year maintenance bond. Upon approval by the City Council and receipt of the above items, final payment in the amount of $33,612.46 can be released to New Look Contracting, Inc., and the contract for this project will be finalized and closed out. Once processed, please keep one copy of the pay voucher for your records and return two copies to our office, one for the contractor and one for our files. If you have any questions or comments regarding the enclosed, please contact me at 612.419.1549. Thank you. Sincerely, WSB James L. Stremel, PE City Engineer Enclosures srb Agenda Item #5A Arrowhead Drive Turn Lane Expansion Project Final Pay Voucher 5 wsb Client: City of Medina 2052 County Rd 24 Medina, MN 55340 Contractor: New Look Contracting, Inc. 14045 Northdale Boulevard Rogers, MN 55374 WSB Project No.: 017326-000 Client Project No.: N/A State Project No.: S.A.P. 250-112-001 Federal Project No.: Contract Amount Funds Encumbered Original Contract $609,541.00 Original $609,541.00 Contract Changes $32,633.49 Additional N/A Revised Contract $642,174.49 Total $609,541.00 Work Certified To Date Base Bid Items Contract Changes Material On Hand Total $638,343.15 $33,905.99 $0.00 $672,249.14 Work Certified This Voucher Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date $0.00 $672,249.14 $0.00 $638,636.68 $33,612.46 $672,249.14 Percent Retained: 0% Percent Complete: 104.68% FINAL PAY VOUCHER I hereby certify that a Final Examination has been made of the noted Contract, that the Contract has been completed, that the entire amount of Work Shown in this Final Voucher has been performed and the Total Value of the Work Performed in accordance with, and pursuant to, the terms of the Contract is as shown in this Final Voucher. Approved By WSB September 29, 2023 Date Approved By City o Medina Signature / Date tp Approved By New Look Contracting, Inc. ti`ie SepQt�Oicd Signature 10/9/2023 Date Page 1 of 7 Arrowhead Drive Turn Lane Expansion Project Final Pay Voucher 5 Page 2 of 7 Payment Summary No. Up Through Date Work Certified Per Voucher Amount Retained Per Voucher Amount Paid Per Voucher 1 05/31/2022 $22,050.00 $1,102.50 $20,947.50 2 06/30/2022 $207,978.50 $10,398.93 $197,579.57 3 07/31/2022 $229,871.00 $11,493.55 $218,377.45 4 10/20/2022 $212,349.64 $10,617.48 $201,732.16 5 09/29/2023 $0.00 ($33,612.46) $33,612.46 Funding Category Name Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date LOCAL $34,316.50 $0.00 $32,600.68 $1,715.82 $34,316.50 STATE AID ROADWAY $500,724.44 $0.00 $475,688.21 $25,036.23 $500,724.44 STATE AID STORM SEWER $137,208.20 $0.00 $130,347.79 $6,860.41 $137,208.20 Accounting Number Funding Source Amount Paid This Voucher Revised Contract Amount Funds Encumbered To Date Paid Contractor To Date 1 State Aid $25,036.23 $469,734.49 $437,101.00 $500,724.44 2 State Aid $6,860.41 $140,020.00 $140,020.00 $137,208.20 3 Local $1,715.82 $32,420.00 $32,420.00 $34,316.50 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 1 2011.601 AS BUILT LS $4,250.00 1 0 $0.00 0 $0.00 2 2021.501 MOBILIZATION LS $35,000.00 1 0 $0.00 1 $35,000.00 3 2104.502 SALVAGE SIGN EACH $45.00 2 0 $0.00 2 $90.00 4 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) L F $2.00 998 0 $0.00 1289 $2,578.00 5 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $6.50 917 0 $0.00 937 $6,090.50 6 2106.507 EXCAVATION - COMMON (P) C Y $20.00 757 0 $0.00 757 $15,140.00 7 2106.507 EXCAVATION - SUBGRADE C Y $20.00 1428 0 $0.00 430 $8,600.00 8 2106.507 COMMON EMBANKMENT (CV) C Y $6.50 2216 0 $0.00 2216 $14,404.00 9 2106.601 DEWATERING LS $5,400.00 1 0 $0.00 0 $0.00 10 2108.504 GEOTEXTILE FABRIC TYPE 5 S Y $2.00 2141 0 $0.00 3374 $6,748.00 11 2112.519 SUBGRADE PREPARATION RDST $500.00 9 0 $0.00 9 $4,500.00 12 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $1.00 20 0 $0.00 0 $0.00 13 2130.523 WATER MGAL $1.00 19 0 $0.00 0 $0.00 14 2211.507 AGGREGATE BASE (CV) CLASS 5 C Y $35.00 833 0 $0.00 1312 $45,920.00 Arrowhead Drive Turn Lane Expansion Project Final Pay Voucher 5 Page 3 of 7 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 15 2231.509 BITUMINOUS PATCHING MIXTURE TON $500.00 10 0 $0.00 9 $4,500.00 16 2232.504 MILL BITUMINOUS SURFACE S Y $3.00 3156 0 $0.00 2550 $7,650.00 17 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL $4.50 241 0 $0.00 650 $2,925.00 18 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,B) TON $100.00 429 0 $0.00 561.7 $56,170.00 19 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON $110.00 550 0 $0.00 693 $76,230.00 20 2502.503 4" PERF PVC PIPE DRAIN L F $20.00 150 0 $0.00 150 $3,000.00 21 2502.602 4" PVC PIPE DRAIN CLEANOUT EACH $500.00 2 0 $0.00 2 $1,000.00 22 2504.602 ADJUST GATE VALVE & BOX EACH $750.00 2 0 $0.00 3 $2,250.00 23 2506.602 CHIMNEY SEAL EACH $350.00 1 0 $0.00 1 $350.00 24 2506.602 ADJUST FRAME & RING CASTING EACH $1,000.00 2 0 $0.00 2 $2,000.00 25 2506.602 SEAL MANHOLE EACH $750.00 1 0 $0.00 3 $2,250.00 26 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F $19.00 1693 0 $0.00 956 $18,164.00 27 2563.601 TRAFFIC CONTROL LS $4,050.00 1 0 $0.00 1 $4,050.00 28 2563.610 FLAGGER HOUR $125.00 40 0 $0.00 30 $3,750.00 29 2564.502 INSTALL SIGN EACH $170.00 2 0 $0.00 2 $340.00 30 2564.518 SIGN PANELS TYPE C S F $77.00 40 0 $0.00 56.85 $4,377.45 31 2565.616 REVISE SIGNAL SYSTEM SYS $44,500.00 1 0 $0.00 1 $44,500.00 32 2573.501 STABILIZED CONSTRUCTION EXIT LS $1.00 1 0 $0.00 0 $0.00 33 2573.502 STORM DRAIN INLET PROTECTION EACH $125.00 8 0 $0.00 7 $875.00 34 2573.503 SILT FENCE, TYPE MS L F $3.50 1000 0 $0.00 398 $1,393.00 35 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F $4.00 1500 0 $0.00 3667 $14,668.00 36 2574.507 COMMON TOPSOIL BORROW C Y $1.00 299 0 $0.00 299 $299.00 37 2575.504 EROSION CONTROL BLANKETS CAT. 3N S Y $2.00 896 0 $0.00 500 $1,000.00 38 2575.505 RAPID STABILIZATION METHOD 2 ACRE $4,200.00 0.2 0 $0.00 0 $0.00 Arrowhead Drive Turn Lane Expansion Project Final Pay Voucher 5 Page 4 of 7 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 39 2575.508 SEED MIXTURE 25-121 LB $7.00 21 0 $0.00 25 $175.00 40 2575.605 SEEDING SPECIAL ACRE $6,300.00 0.2 0 $0.00 0.1 $630.00 41 2582.503 4" SOLID LINE PAINT L F $0.50 1500 0 $0.00 576 $288.00 42 2582.503 4" SOLID LINE MULTI COMP L F $2.50 710 0 $0.00 3334 $8,335.00 43 2582.503 24" SOLID LINE MULTI COMP L F $12.50 36 0 $0.00 131 $1,637.50 44 2582.503 4" DBLE SOLID LINE MULTI COMP L F $4.50 695 0 $0.00 247 $1,111.50 45 2582.518 PAVT MSSG MULTI COMP S F $15.00 76 0 $0.00 244 $3,660.00 46 2021.501 MOBILIZATION LS $500.00 1 0 $0.00 1 $500.00 47 2104.503 REMOVE CURB & GUTTER L F $12.00 40 0 $0.00 176 $2,112.00 48 2104.504 REMOVE CONCRETE MEDIAN S Y $20.00 29 0 $0.00 42 $840.00 49 2104.518 REMOVE BITUMINOUS WALK S F $3.50 115 0 $0.00 373 $1,305.50 50 2104.518 REMOVE CONCRETE WALK S F $3.50 230 0 $0.00 396 $1,386.00 51 2301.602 DRILL & GROUT DOWEL BAR (EPOXY COATED) EACH $15.00 10 0 $0.00 20 $300.00 52 2360.504 TYPE SP 9.5 WEAR CRS MIX (2,B) 4.0" THICK S Y $30.00 481 0 $0.00 330 $9,900.00 53 2521.518 6" CONCRETE WALK S F $18.00 600 0 $0.00 770 $13,860.00 54 2531.503 CONCRETE CURB & GUTTER DESIGN B624 L F $46.00 40 0 $0.00 50 $2,300.00 55 2531.504 CONCRETE MEDIAN S Y $72.00 21 0 $0.00 45 $3,240.00 56 2531.618 TRUNCATED DOMES S F $54.00 96 0 $0.00 144 $7,776.00 57 2557.603 WOODEN FENCE L F $45.00 230 0 $0.00 222 $9,990.00 58 2582.518 CROSSWALK MULTI COMP S F $10.00 252 0 $0.00 666 $6,660.00 59 2021.501 MOBILIZATION LS $8,000.00 1 0 $0.00 1 $8,000.00 60 2101.502 CLEARING EACH $250.00 2 0 $0.00 0 $0.00 61 2101.502 GRUBBING EACH $200.00 2 0 $0.00 0 $0.00 62 2104.502 REMOVE PIPE APRON EACH $850.00 1 0 $0.00 2 $1,700.00 63 2104.503 REMOVE SEWER PIPE (STORM) L F $25.00 12 0 $0.00 8 $200.00 Arrowhead Drive Turn Lane Expansion Project Final Pay Voucher 5 Page 5 of 7 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 64 2106.507 EMBANKMENT - CHANNEL AND POND C Y $6.50 331 0 $0.00 331 $2,151.50 65 2106.507 EXCAVATION - CHANNEL AND POND (P) C Y $6.50 3337 0 $0.00 3337 $21,690.50 66 2123.610 UTILITY CREW HOUR $850.00 4 0 $0.00 2.5 $2,125.00 67 2501.502 15" RC PIPE APRON EACH $1,500.00 2 0 $0.00 3 $4,500.00 68 2501.502 21" RC PIPE APRON EACH $1,750.00 1 0 $0.00 1 $1,750.00 69 2501.502 30" RC PIPE APRON EACH $3,000.00 1 0 $0.00 1 $3,000.00 70 2501.602 TRASH GUARD FOR 21" PIPE APRON EACH $1,250.00 1 0 $0.00 1 $1,250.00 71 2502.503 4" PERF PVC PIPE DRAIN L F $25.00 336 0 $0.00 298 $7,450.00 72 2502.602 4" PVC PIPE DRAIN CLEANOUT EACH $500.00 3 0 $0.00 3 $1,500.00 73 2503.503 15" RC PIPE SEWER DES 3006 CL V L F $75.00 193 0 $0.00 199 $14,925.00 74 2503.503 21" RC PIPE SEWER DES 3006 CL III L F $90.00 67 0 $0.00 68 $6,120.00 75 2503.503 30" RC PIPE SEWER DES 3006 CL III L F $175.00 15 0 $0.00 25.64 $4,487.00 76 2504.604 4" POLYSTYRENE INSULATION S Y $55.00 30 0 $0.00 46 $2,530.00 77 2506.502 CASTING ASSEMBLY EACH $750.00 2 0 $0.00 2 $1,500.00 78 2506.602 CHIMNEY SEAL EACH $375.00 2 0 $0.00 2 $750.00 79 2506.602 SEAL MANHOLE EACH $800.00 2 0 $0.00 0 $0.00 80 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPEC 1 EACH $3,000.00 3 0 $0.00 3 $9,000.00 81 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPEC 2 EACH $10,500.00 1 0 $0.00 1 $10,500.00 82 2511.507 RANDOM RIPRAP CLASS II C Y $150.00 7 0 $0.00 4 $600.00 83 2511.507 RANDOM RIPRAP CLASS III C Y $110.00 62 0 $0.00 69.5 $7,645.00 84 2511.507 GRANULAR FILTER C Y $40.00 288 0 $0.00 282 $11,280.00 85 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F $4.50 500 0 $0.00 1048 $4,716.00 86 2575.504 EROSION CONTROL BLANKETS CAT. 3N S Y $2.00 1723 0 $0.00 2834.1 $5,668.20 87 2575.505 RAPID STABILIZATION METHOD 2 ACRE $4,200.00 0.8 0 $0.00 0.2 $840.00 Arrowhead Drive Turn Lane Expansion Project Final Pay Voucher 5 Page 6 of 7 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 88 2575.508 SEED MIXTURE 33-261 LB $28.00 79 0 $0.00 25 $700.00 89 2575.605 SEEDING SPECIAL ACRE $6,300.00 0.8 0 $0.00 0.1 $630.00 90 2021.501 MOBILIZATION LS $500.00 1 0 $0.00 1 $500.00 91 2104.503 REMOVE PIPE CULVERTS L F $20.00 67 0 $0.00 0 $0.00 92 2106.507 EXCAVATION - COMMON (P) C Y $20.00 142 0 $0.00 142 $2,840.00 93 2108.504 GEOTEXTILE FABRIC TYPE 5 S Y $2.50 400 0 $0.00 1053 $2,632.50 94 2112.519 SUBGRADE PREPARATION RDST $500.00 1 0 $0.00 2.75 $1,375.00 95 2211.507 AGGREGATE BASE (CV) CLASS 5 C Y $35.00 156 0 $0.00 156 $5,460.00 96 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL $6.50 14 0 $0.00 39 $253.50 97 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,B) TON $130.00 41 0 $0.00 41 $5,330.00 98 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON $132.00 41 0 $0.00 41 $5,412.00 99 2531.503 CONCRETE CURB & GUTTER DESIGN B618 L F $19.00 179 0 $0.00 179 $3,401.00 100 2564.602 INSTALL SIGN EACH $215.00 5 0 $0.00 1 $215.00 101 2573.503 SILT FENCE, TYPE MS L F $4.00 250 0 $0.00 135 $540.00 102 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F $4.50 250 0 $0.00 387 $1,741.50 103 2574.507 COMMON TOPSOIL BORROW C Y $1.00 63 0 $0.00 63 $63.00 104 2575.504 EROSION CONTROL BLANKETS CAT. 3N S Y $2.00 189 0 $0.00 189 $378.00 105 2575.505 RAPID STABILIZATION METHOD 2 ACRE $4,200.00 0.1 0 $0.00 0 $0.00 106 2575.508 SEED MIXTURE 34-262 LB $75.00 9 0 $0.00 3 $225.00 107 2575.605 SEEDING SPECIAL ACRE $6,300.00 0.1 0 $0.00 0.4 $2,520.00 108 2582.503 4" SOLID LINE MULTI COMP L F $3.00 125 0 $0.00 125 $375.00 109 2582.503 4" DBLE SOLID LINE MULTI COMP L F $5.00 125 0 $0.00 118 $590.00 110 2582.518 PAVT MSSG MULTI COMP S F $15.00 12 0 $0.00 31 $465.00 Bid Totals: $0.00 $638,343.15 Arrowhead Drive Turn Lane Expansion Project Final Pay Voucher 5 Page 7 of 7 Project Category Totals Category Amount This Voucher Amount To Date Schedule A. Street Improvements $0.00 $406,648.95 Schedule B. Pedestrian Improvements $0.00 $60,169.50 Schedule C. Storm Sewer Improvements $0.00 $137,208.20 Schedule D. Driveway Improvements $0.00 $34,316.50 Contract Change Item Status CC CC No. Line No. Item Description Units Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date CO 1 111 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $19.77 167 0 $0.00 167 $3,301.59 CO 1 112 2231.509 BITUMINOUS PATCHING MIXTURE TON $330.00 32 0 $0.00 32 $10,560.00 CO 1 113 2232.603 MILL BITUMINOUS PAVEMENT (SPECIAL) L F $9.20 32 0 $0.00 32 $294.40 CO 1 114 2565.616 REVISE SIGNAL SYSTEM SYS $8,277.50 1 0 $0.00 1 $8,277.50 CO 1 115 2533.503 PORTABLE PRECAST CONC BARRIER DES 8337 L F $10.00 150 0 $0.00 200 $2,000.00 CO 1 116 2106.609 AGGREGATE BACKFILL TON $50.00 70 0 $0.00 85.45 $4,272.50 CO 1 117 2118.509 AGGREGATE SURFACING CLASS 1 TON $130.00 40 0 $0.00 40 $5,200.00 Contract Change Totals: $0.00 $33,905.99 Contract Change Totals No. Contract Change Description Amount This Voucher Amount To Date 1 CO Additional work related to mitigating poor underlying soil conditions where roadway was widened, additional signal camera improvements, and to address issues related to varying thickness of existing pavement unknown at the time of planned milling and bituminous paving. $0.00 $33,905.99 Material On Hand Additions Line No. Item Description Date Added Comments Material On Hand Balance Line No. Item Description Date Added Used Remaining K:\021547-000\Admin\Construction Admin\Pay Vouchers\PV #4 & FINAL\021547-000 CST LTR VO 4 & FNL CTY-s scherer-100223.docx 70 1 X E N I A A V E N U E S | SU I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M October 2, 2023 Mr. Steve Scherer, Public Works Director City of Medina 2052 County Road 24 Medina, MN 55340 Attn: Scott Johnson, City Administrator Erin Barnhart, Finance Director Jennifer Altendorf, Accountant Re: Construction Pay Voucher No. 4 (Final) and Final Project Close-Out Documents Clydesdale Trail Pavement Rehabilitation Project City of Medina, MN WSB Project No. 021547-000 Dear Mr. Scherer: Please find enclosed Construction Pay Voucher No. 4 and final in the amount of $17,398.71 for the above-referenced project. This final payment request represents the final quantities for the project and the release of the retainage on the contract. We recommend that the City of Medina approve Construction Pay Voucher No. 4 and final for GMH Asphalt Corporation at the October 17, 2023, City Council meeting, subject to receipt of the following items: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax (IC134 forms). 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured (lien waivers). 3. Consent of Surety to Final Payment certification from the contractor’s surety. 4. Two-year maintenance bond. Upon approval by the City Council and receipt of the above items, final payment in the amount of $17,398.71 can be released to GMH Asphalt Corporation, and the contract for this project will be finalized and closed out. Once processed, please keep one copy of the pay voucher for your records and return two copies to our office, one for the contractor and one for our files. If you have any questions or comments regarding the enclosed, please contact me at 612.419.1549. Thank you. Sincerely, WSB James L. Stremel, PE City Engineer Enclosures srb Agenda Item #5B Clydesdale Trail Pavement Rehabilitation Project Final Pay Voucher 4 WS 3 Client: City of Medina 2052 County Rd 24 Medina, MN 55340 Contractor: GMH Asphalt Corporation 9180 Laketown Road Chaska, MN 55318 WSB Project No.: 021547-000 Client Project No.: State Project No.: Federal Project No.: Contract Amount Funds Encumbered Original Contract Contract Changes Revised Contract Work Certified To Date $337,625.81 $0.00 $337,625.81 Base Bid Items Contract Changes Material On Hand Total $339,941.02 $0.00 $0.00 $339,941.02 Original Additional Total $337,625.81 N/A $337,625.81 Work Certified This Voucher Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date $422.80 $339,941.02 $0.00 $322,542.31 $17,398.71 $339,941.02 Percent Retained: 0% Percent Complete: 100.69% FINAL PAY VOUCHER I hereby certify that a Final Examination has been made of the noted Contract, that the Contract has been completed, that the entire amount of Work Shown in this Final Voucher has been performed and the Total Value of the Work Performed in accordance with, and pursuant to, the terms of the Contract is as shown in this Final Voucher. Approved By WSB September 28, 2023 Date Approved By City of Medina Date Approved By GMH Asphalt Corpo Lion Signature Date to -.s Page 1 of 4 Clydesdale Trail Pavement Rehabilitation Project Final Pay Voucher 4 Page 2 of 4 Payment Summary No. Up Through Date Work Certified Per Voucher Amount Retained Per Voucher Amount Paid Per Voucher 1 06/12/2023 $172,805.53 $8,640.28 $164,165.25 2 07/10/2023 $106,103.76 $5,305.18 $100,798.58 3 08/07/2023 $60,608.93 $3,030.45 $57,578.48 4 09/28/2023 $422.80 ($16,975.91) $17,398.71 Funding Category Name Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date Local Funding $339,941.02 $0.00 $322,542.31 $17,398.71 $339,941.02 Accounting Number Funding Source Amount Paid This Voucher Revised Contract Amount Funds Encumbered To Date Paid Contractor To Date Local Funding Local $17,398.71 $337,625.81 $337,625.81 $339,941.02 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 1 2021.501 MOBILIZATION LS $10,500.00 1 0 $0.00 1 $10,500.00 2 2104.502 REMOVE CASTING EACH $432.00 2 0 $0.00 0 $0.00 3 2104.502 SALVAGE SIGN EACH $52.75 5 0 $0.00 1 $52.75 4 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) L F $4.00 418 0 $0.00 75 $300.00 5 2104.503 REMOVE CURB & GUTTER L F $8.85 429 0 $0.00 828 $7,327.80 6 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $5.50 1530 0 $0.00 1564 $8,602.00 7 2106.507 EXCAVATION - COMMON C Y $34.50 153 0 $0.00 0 $0.00 8 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $160.00 20 0 $0.00 16 $2,560.00 9 2211.507 AGGREGATE BASE (CV) CLASS 5 C Y $28.10 153 0 $0.00 20.57 $578.02 10 2231.509 BITUMINOUS PATCHING MIXTURE TON $150.00 29 0 $0.00 85.5 $12,825.00 11 2232.504 MILL BITUMINOUS SURFACE (2.0") S Y $1.40 13325 0 $0.00 12659 $17,722.60 12 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL $0.01 1485 0 $0.00 753.8 $7.54 13 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2,B) TON $76.00 1763 0 $0.00 1801 $136,876.00 14 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (2,B) TON $80.90 191 0 $0.00 240 $19,416.00 15 2504.602 ADJUST GATE VALVE EACH $730.00 5 0 $0.00 0 $0.00 16 2504.602 IRRIGATION SYSTEM REPAIR EACH $597.00 5 0 $0.00 0 $0.00 Clydesdale Trail Pavement Rehabilitation Project Final Pay Voucher 4 Page 3 of 4 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 17 2506.502 CASTING ASSEMBLY EACH $1,156.00 2 0 $0.00 2 $2,312.00 18 2506.502 ADJUST FRAME & RING CASTING EACH $442.00 7 0 $0.00 16 $7,072.00 19 2506.602 CHIMNEY SEAL EACH $229.00 7 0 $0.00 16 $3,664.00 20 2506.602 ADJUST SANITARY MANHOLE CASTING EACH $1,479.00 10 0 $0.00 0 $0.00 21 2531.603 CONCRETE CURB & GUTTER DES SURMOUNTABLE LF $37.25 429 0 $0.00 828 $30,843.00 22 2563.601 TRAFFIC CONTROL LS $8,651.00 1 0 $0.00 1 $8,651.00 23 2564.602 INSTALL SIGN EACH $528.00 5 0 $0.00 1 $528.00 24 2573.502 STORM DRAIN INLET PROTECTION EACH $120.00 5 0 $0.00 32 $3,840.00 25 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F $3.95 1000 0 $0.00 0 $0.00 26 2574.507 BOULEVARD TOPSOIL BORROW C Y $51.85 41 0 $0.00 53 $2,748.05 27 2574.508 FERTILIZER TYPE 1 LB $1.88 12 0 $0.00 35 $65.80 28 2575.505 SEEDING ACRE $8,236.00 0.1 0 $0.00 0.35 $2,882.60 29 2575.505 RAPID STABILIZATION METHOD 2 ACRE $4,730.00 0.08 0 $0.00 0 $0.00 30 2575.508 SEED MIXTURE 25-131 LB $3.65 14 0 $0.00 39 $142.35 31 2582.503 4" SOLID LINE PAINT L F $0.21 975 0 $0.00 152 $31.92 32 2582.503 24" SOLID LINE PAINT L F $6.35 105 0 $0.00 83 $527.05 33 2582.503 4" DBLE SOLID LINE PAINT L F $0.42 4050 0 $0.00 4323 $1,815.66 34 2582.503 4" SOLID LINE MULTI COMP GR IN L F $3.70 810 0 $0.00 746 $2,760.20 35 2582.503 4" DBLE SOLID LINE MULTI COMP GR IN L F $7.40 250 0 $0.00 239 $1,768.60 36 2582.518 PAVT MSSG PAINT S F $5.30 120 0 $0.00 93.2 $493.96 37 2582.518 PAVT MSSG MULTI COMP GR IN S F $14.10 220 0 $0.00 136.1 $1,919.01 38 2021.501 MOBILIZATION LS $500.00 1 0 $0.00 1 $500.00 39 2104.504 REMOVE BITUMINOUS TRAIL S Y $6.75 868 0 $0.00 1257 $8,484.75 40 2104.518 REMOVE CONCRETE SIDEWALK S F $1.50 549 0 $0.00 640 $960.00 41 2360.504 TYPE SP 9.5 WEAR CRS (2,B) 3.0" THICK S Y $19.00 955 0 $0.00 1257 $23,883.00 Clydesdale Trail Pavement Rehabilitation Project Final Pay Voucher 4 Page 4 of 4 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 42 2521.518 4" CONCRETE WALK S F $10.55 1067 0 $0.00 329 $3,470.95 43 2521.518 6" CONCRETE WALK S F $15.10 549 28 $422.80 502 $7,580.20 44 2531.618 TRUNCATED DOMES S F $84.40 32 0 $0.00 40 $3,376.00 45 2574.508 FERTILIZER TYPE 1 LB $4.50 6 0 $0.00 25 $112.50 46 2575.505 SEEDING ACRE $1,588.00 0.05 0 $0.00 0.145 $230.26 47 2575.505 RAPID STABILIZATION METHOD 2 ACRE $4,730.00 0.04 0 $0.00 0 $0.00 48 2575.508 SEED MIXTURE 25-131 LB $3.65 7 0 $0.00 25 $91.25 49 2582.518 CROSSWALK PAINT S F $4.20 992 0 $0.00 576 $2,419.20 Bid Totals: $422.80 $339,941.02 Project Category Totals Category Amount This Voucher Amount To Date A. SURFACE IMPROVEMENTS - MILL & OVERLAY $0.00 $288,832.91 B. PEDESTRIAN IMPROVEMENTS $422.80 $51,108.11 Contract Change Item Status CC CC No. Line No. Item Description Units Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date Contract Change Totals: Contract Change Totals No. Contract Change Description Amount This Voucher Amount To Date Material On Hand Additions Line No. Item Description Date Added Comments Material On Hand Balance Line No. Item Description Date Added Used Remaining League of Minnesota Cities 3/2/2023 Liability Coverage Waiver Form Page 1 LIABILITY COVERAGE WAIVER FORM Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not waive the statutory tort limits must be made annually by the member’s governing body, in consultation with its attorney if necessary. The decision has the following effects: •If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. •If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. •If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LMCIT Member Name: __________________________________________________________________________ ______________________________________________________________________________________________ Check one: ☐The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. § 466.04. ☐The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of member’s governing body meeting:___________________________________________________________ Signature: _____________________________________________________________________________________ Position: _______________________________________________________________________________________ Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before their effective date of coverage. Email completed form to your city’s underwriter, to pstech@lmc.org, or fax to 651.281.1298. City of Medina October 17, 2023 Agenda Item #5C Resolution No. 2023- October 17, 2023 Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023- RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE HENNEPIN COUNTY AUDITOR FOR COLLECTION IN 2024 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 2024 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 17, 2023. Kathleen Martin, Mayor ATTEST: ____________________________________ Caitlyn Walker, 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. Agenda Item #5D Resolution No. 2023- October 17, 2023 2 Exhibit A PIN PROPERTY ADDRESS OWNERS NAME PAST DUE 10% FEE BALANCE 02-118-23-43-0128 1130 MIDDLEFIELD RD AL-KAREEM LLC $84.09 $8.41 $92.50 02-118-23-43-0131 1133 MIDDLEFIELD RD AL-KAREEM LLC $55.43 $5.54 $60.97 02-118-23-43-0139 1148 MIDDLEFIELD RD AL-KAREEM LLC $51.82 $5.18 $57.00 28-118-23-14-0025 2595 BOBOLINK RD AMY KUBISTA $204.41 $20.44 $224.85 13-118-23-11-0103 3091 WILD FLOWER TRAIL AT HOME RENTALS LLC $1,796.37 $179.64 $1,976.01 02-118-23-43-0143 1140 MIDDLEFIELD RD BOYEE BARWU $271.52 $27.15 $298.67 12-118-23-43-0046 3238 BUTTERNUT DR BRAD CALLI $3,507.45 $350.75 $3,858.20 12-118-23-24-0001 592 STATE HWY NO 55 BRYCE HILL $56.15 $5.62 $61.77 12-118-23-44-0003 4685 BROCKTON LN CHRISTOPHER SELE $1,715.65 $171.57 $1,887.22 28-118-23-13-0003 2622 BOBOLINK RD CONNIE ERICKSEN $332.11 $33.21 $365.32 01-118-23-24-0005 674 ASTER RD DALE/CAROL MONSON $2,333.57 $233.36 $2,566.93 12-118-23-42-0003 242 HAMEL RD DAVID LAPREE $447.47 $44.75 $492.22 01-118-23-24-0030 540 LILIUM TR DEQO/WARSAME DIRIE $260.15 $26.02 $286.17 01-118-23-44-0014 105 PRAIRIE CREEK RD ERIK/ANDREA ANDERSON $5,538.65 $553.87 $6,092.52 12-118-23-43-0079 3247 RED OAK TR FAYE V OTERO $111.99 $11.20 $123.19 02-118-23-41-0010 4235 FOXBERRY CT GEORGE T STEINER FAM TRUST $3,993.60 $399.36 $4,392.96 18-118-23-22-0192 3112 LAKESHORE AVE GREG ROBINSON $2,060.44 $206.04 $2,266.48 12-118-23-43-0083 3292 RED OAK TR GUOQIANG JAMES PEI $41.92 $4.19 $46.11 01-118-23-23-0069 4425 POPPY DRIVE HEATH ALLEN HOMES LLC $76.91 $7.69 $84.60 01-118-23-23-0060 731 SHAWNEE WOODS RD HEATH ALLEN HOMES LLC $132.38 $13.24 $145.62 01-118-23-23-0066 734 SHAWNEE WOODS RD HEATH ALLEN HOMES LLC $132.38 $13.24 $145.62 01-118-23-33-0005 4140 FAIRWAY DRIVE JAMES HUNTER $476.76 $47.68 $524.44 12-118-23-41-0042 105 HAMEL RD JBC-MTKA LLC $69.39 $6.94 $76.33 18-118-23-23-0048 4621 BROOK ST JEFF KREML $41.01 $4.10 $45.11 12-118-23-14-0018 237 CHERRY HILL ALCOVE JESSICA BRANDT $32.74 $3.27 $36.01 18-118-23-21-0017 4525 WALNUT ST JOE ROBERTS $2,945.25 $294.53 $3,239.78 01-118-23-24-0020 657 ASTER RD LAXMI KANTH PEDDI $44.33 $4.43 $48.76 18-118-23-24-0136 2857 LAKESHORE AVE MARIA AMPLATZ $167.16 $16.72 $183.88 01-118-23-13-0014 255 CALAMUS CIR MATT ATKINSON $2,969.01 $296.90 $3,265.91 02-118-23-22-0008 4658 BLUEBELL TR N MICHAEL/KIM HORSCH $63.20 $6.32 $69.52 11-118-23-41-0002 3525 PINTO DR MITCHELL FAULHABER $335.31 $33.53 $368.84 01-118-23-24-0050 545 LILIUM TR PETER/LINDSEY DRENKOW $149.08 $14.91 $163.99 01-118-23-12-0005 335 BERGAMOT DR ROBERT/ERICA DOVENBERG $114.93 $11.49 $126.42 19-118-23-32-0002 2016 CO RD NO 19 SANDRA HALL $252.30 $25.23 $277.53 02-118-23-44-0099 873 MEANDER CT SARMOSI LLC $2,677.69 $267.77 $2,945.46 18-118-23-24-0137 2851 LAKESHORE AVE THOMAS/TAMARA WARNER $279.20 $27.92 $307.12 28-118-23-13-0006 2662 BOBOLINK RD TIMOTHY BERGQUIST $4,179.80 $417.98 $4,597.78 02-118-23-14-0034 840 FOX PATH CT TIMOTHY/ERIKA UNTERSEHER $127.42 $12.74 $140.16 02-118-23-43-0121 1117 MIDDLEFIELD RD U S HOME CORP - LENNAR $41.20 $4.12 $45.32 12-118-23-11-0018 216 CHERRY HILL TR WENJIE LIN $23.05 $2.31 $25.36 $38,193.29 $3,819.33 $42,012.62TOTAL Resolution No. 2023- October 17, 2023 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023- RESOLUTION CERTIFYING DELINQUENT STORM WATER UTILITY CHARGES TO THE HENNEPIN COUNTY AUDITOR FOR COLLECTION IN 2024 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 2024 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 17, 2023. Kathleen Martin, Mayor ATTEST: ____________________________________ Caitlyn Walker, 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. Agenda Item #5E Resolution No. 2023- October 17, 2023 2 Exhibit A PIN PROPERTY ADDRESS OWNERS NAME PAST DUE 10% FEE BALANCE 03-118-23-22-0002 2400 CATES RANCH DR JEFFREY CATES $70.25 $7.03 $77.28 03-118-23-23-0003 2240 CHIPPEWA RD ISAI DAMYAN $70.25 $7.03 $77.28 06-118-23-12-0005 4622 CO RD NO 19 ROBERT HJELSETH $79.94 $7.99 $87.93 23-118-23-24-0009 1302 CO RD NO 24 SAHIB & AMRIT SINGH $66.56 $6.66 $73.22 22-118-23-24-0007 2152 COTTONWOOD TR MIKE/KELLAN LEE $66.56 $6.66 $73.22 02-118-23-22-0002 1555 HACKAMORE RD CLINTON EIDE $70.25 $7.03 $77.28 11-118-23-32-0002 1585 HAMEL RD JS LAND TRUST $70.25 $7.03 $77.28 13-118-23-43-0001 2595 HOLY NAME DR HOLMERS GROUP INC $66.56 $6.66 $73.22 13-118-23-31-0008 545 MEDINA RD CODY BERGERON $66.56 $6.66 $73.22 23-118-23-24-0004 2175 TAMARACK DR BRAD KOSTIAL $66.56 $6.66 $73.22 04-118-23-33-0001 4155 TOMAHAWK TR DANIELLE FRIEDLAND $79.94 $7.99 $87.93 16-118-23-41-0009 2672 WILLOW DR L AND R NEVERLAND LLC $66.56 $6.66 $73.22 12-118-23-41-0023 3482 SIOUX DR MATTHEW EDMAN $70.25 $7.03 $77.28 13-118-23-23-0011 2830 CABALINE TR HANNA MAREKEGN $67.42 $6.74 $74.16 06-118-23-41-0005 4160 CHIPPEWA CIR ALICE BIDLE $88.86 $8.89 $97.75 04-118-23-14-0005 PID 04-118-23-14-0005 JEFFREY CATES $70.25 $7.03 $77.28 18-118-23-22-0191 PID 18-118-23-22-0191 MARCUS/BRIDGET BJORKLUND $79.94 $7.99 $87.93 02-118-23-21-0001 PID 02-118-23-21-0001 CLINTON EIDE $70.25 $7.03 $77.28 11-118-23-14-0002 PID 11-118-23-14-0002 ALCAMASHI CORPORATION $112.38 $11.24 $123.62 11-118-23-14-0015 PID 11-118-23-14-0015 HYPER GROWTH PROPERTIES LLC $51.16 $5.12 $56.28 04-118-23-14-0004 2575 CATES RANCH DR JEFFREY CATES $140.49 $14.05 $154.54 12-118-23-24-0001 592 STATE HWY NO 55 BRYCE HILL $70.25 $7.03 $77.28 04-118-23-11-0002 2590 CATES RANCH DR JEFFREY CATES $210.74 $21.07 $231.81 28-118-23-13-0027 2745 MORNINGSIDE RD NICHOLAS BADAVINAC $66.56 $6.66 $73.22 18-118-23-21-0016 4525 WALNUT ST JOE ROBERTS $79.94 $7.99 $87.93 02-118-23-44-0099 873 MEANDER CT SARMOSI LLC $91.32 $9.13 $100.45 11-118-23-33-0006 1495 HAMEL ROAD MATTHEW YA VANG $70.25 $7.03 $77.28 06-118-23-22-0003 80 ADDRESS PENDING ROSEMARIE SCHUMACHER $319.74 $31.97 $351.71 03-118-23-32-0008 4380 CHIPPEWA COURT LUNSKI DEVELOPMENT MEDINA $81.20 $8.12 $89.32 03-118-23-32-0010 4320 CHIPPEWA COURT LUNSKI DEVELOPMENT MEDINA $81.20 $8.12 $89.32 01-118-23-23-0073 ADDRESS PENDING WOODS OF MEDINA LLC $58.70 $5.87 $64.57 $2,721.14 $272.11 $2,993.25TOTAL Resolution No. 2023- October 17, 2023 Member ________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023- RESOLUTION CERTIFYING DELINQUENT CITY CHARGES FOR SERVICES TO THE HENNEPIN COUNTY AUDITOR FOR COLLECTION IN 2024 WHEREAS, the records of the Outstanding Receivables of the City of Medina list certain accounts as being delinquent; and WHEREAS, the obligors were previously notified of the delinquency in accordance with the statutes of the State of Minnesota; and WHEREAS, Minnesota State Statute 462.353, and Section 514.67, as well as, Section 355.07 and Section 825.51 of the Medina City Code authorizes certification of such delinquent accounts to the Hennepin County Auditor for collection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota to direct the Hennepin County Auditor to place upon the tax rolls for taxes payable in 2024 the delinquent accounts which are listed in Exhibit A, attached hereto, at an interest rate of 6 percent from the date of adoption of this resolution. Dated: October 17, 2023. __________________________ Kathleen Martin, Mayor ATTEST: Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5F Resolution No. 2023- October 17, 2023 2 EXHIBIT A PIN PROPERTY ADDRESS OWNERS NAME PAST DUE 10% FEE BALANCE 12-118-23-14-0037 325 CLYDESDALE TRAIL CLYDESDALE MARKET LLC 42.50$ 4.25$ 46.75$ 42.50$ 4.25$ 46.75$ TOTAL Resolution No. 2023-## DATE Member ___________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023## RESOLUTION AUTHORIZING EXECUTION OF MNDOT AGREEEMENT NO. 1053965 PERTAINING TO TURN LANE CONSTRUCTION FOR EAGLE BLUFF 5TH ADDITION WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, on September 20, 2022, the City granted final plat approval to Jan-Har, LLP (the “Developer”) for Eagle Bluff 5th Addition (the “Subdivision”) which included proposed access to Trunk Highway No. 55; and WHEREAS, approval of the Subdivision was conditioned upon the Developer constructing various public improvements and the City and Developer subsequently entered into a Development Agreement dated November 18, 2022 (the “Development Agreement”) to ensure construction of such improvements; and WHEREAS, pursuant to recommendations and requirements of the State of Minnesota Department of Transportation (“MnDOT”) related to site access to the Subdivision, the Development Agreement requires that the Developer conduct certain turn lane construction and other associated construction upon, along, and adjacent to Trunk Highway No. 55 which has been designated by MnDOT as Project No. 2722-100 (the “Project”); and WHEREAS, MnDOT requires that the City enter into an agreement ensuring that the City administer construction of the Project completed by the Developer consistent with MnDOT requirements. NOW, THEREFORE BE IT RESOLVED, that the City of Medina enter into MnDOT Agreement No. 1053965 (the “Agreement”) with the State of Minnesota, Department of Transportation to provide for turn lane construction by the City upon, along, and adjacent to Trunk Highway No. 55, the limits of which are defined in said Agreement. BE IT FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement. Agenda Item #5G Resolution No. 2023-## 2 DATE Dated: October 17, 2023. __________________________________ Kathleen Martin, Mayor ATTEST: ________________________________ Caitlyn Walker, 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. MnDOT Contract No.: 1053965 -1- Construction within State R/W & Maintenance (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF MEDINA COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 2722-100 Trunk Highway Number (T.H.): 55=188 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Medina acting through its City Council ("City"). Recitals 1. The City will perform turn lane construction, and other associated construction upon, along, and adjacent to Trunk Highway No. 55 from 300 feet east of Wichita Trail to 1,000 feet west of Willow Drive according to City-prepared plans, specifications, and special provisions designated by the City and by the State as State Project No. 2722-100 (T.H. 55=188) ("Project"); and 2. The City requests the State allow the turn lane construction and the State is willing to allow said construction; and 3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 7. Liability; Worker Compensation Claims; Insurance; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jurisdiction; Venue; and 13. Force Majeure. 1.4. Plans, Specifications, and Special Provisions. State-approved City plans, specifications, and special provisions designated by the City and by the State as State Project No. 2722-100 (T.H. 55=188) are on file in the office of the City's Engineer and incorporated into this Agreement by reference ("Project Plans"). 2. Right-of-Way Use 2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy MnDOT Contract No.: 1053965 -2- Construction within State R/W & Maintenance (Cooperative Agreements) includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the City (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the Trunk Highway Right-of-Way (including the construction being performed on such right-of-way) at any time and without notice to the City or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may notify and require the City (and its contractors and consultants) to suspend their operations until the City (and its contractors and consultants) take all necessary actions to rectify the situation to the satisfaction of the State. The State will have no liability to the City (or its contractors or consultants) for exercising or failing to exercise its rights under this provision. 2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the State's Trunk Highway Right-of-Way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City, contractor, and consultant personnel occupying the State's Trunk Highway Right-of-Way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right-of-Way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. 3. Contract Award and Construction 3.1. Direction, Supervision, and Inspection of Construction. A. The contract construction will be under the direction of the City and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. The City will give the State Aid Agreements Engineer at Roseville five days’ notice of its intention to start the contract construction. B. Responsibility for the control of materials for the contract construction will be on the City and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". 3.2. Completion of Construction. The City will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official MnDOT Contract No.: 1053965 -3- Construction within State R/W & Maintenance (Cooperative Agreements) and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.3. Compliance with Laws, Ordinances, and Regulations. The City will comply and cause its contractor to comply with all Federal, State, and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's Trunk Highway Right-of-Way, the City will not require the contractor to follow local ordinances or to obtain local permits. 4. Right-of-Way; Easements; Permits 4.1. The City will, without cost or expense to the State, obtain all rights-of-way, easements, construction permits, and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. 4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings, and depiction of utilities affected by the contract construction. 5. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 5.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, St. Paul, MN 55155 Telephone: 651-366-4634 E-Mail: malaki.ruranika@state.mn.us 5.2. The City's Authorized Representative will be: Name, Title: Dusty Finke, Planning Director (or successor) Address: 2052 County Road 24, Medina, MN 55340 Telephone: 763-473-8846 E-Mail: dusty.finke@medinamn.gov 6. Assignment; Amendments; Waiver; Contract Complete 6.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. The foregoing does not prohibit the City from contracting with a third party to perform City maintenance responsibilities covered under this Agreement. 6.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 6.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. MnDOT Contract No.: 1053965 -4- Construction within State R/W & Maintenance (Cooperative Agreements) 6.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 7. Liability; Worker Compensation Claims; Insurance 7.1. Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by law and will not be responsible for the acts, omissions of others, and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its contractor(s) or consultant(s). 7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 7.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City's contractor. 8. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 9. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, accounting procedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 10. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 11. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. Termination; Suspension 12.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 12.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment or the provision of the services covered here. Termination MnDOT Contract No.: 1053965 -5- Construction within State R/W & Maintenance (Cooperative Agreements) must be by written or fax notice to the City. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 12.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance, and payments authorized through this Agreement. 13. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] MnDOT Contract No.: 1053965 -6- Construction within State R/W & Maintenance (Cooperative Agreements) CITY OF MEDINA The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. CITY OF MEDINA RESOLUTION IT IS RESOLVED that the City of Medina enter into MnDOT Agreement No. 1053965 with the State of Minnesota, Department of Transportation for the following purposes: To provide for turn lane construction by the City upon, along, and adjacent to Trunk Highway No. 55, the limits of which are defined in said Agreement. IT IS FURTHER RESOLVED that the Mayor and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Medina at an authorized meeting held on the day of , 2023, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2023 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) 1 Extract of Minutes of Meeting of the City Council of the City of Medina, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Medina, Minnesota, was duly held in City Hall of said City on Tuesday, October 17, 2023, commencing at 7:00 p.m. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City’s General Obligation Improvement Bonds, Series 2023A, to be issued in the original aggregate principal amount of $2,215,000. The City Administrator presented a tabulation of the proposals which had been received in the manner specified in the Terms of Proposal of the Bonds. The proposals are attached hereto as EXHIBIT A. After due consideration of the proposals, Member ____________________ then introduced the following resolution and moved its adoption: Agenda Item #7A 2 CITY OF MEDINA RESOLUTION NO. 2023- A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2023A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $2,215,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Medina, Hennepin County, Minnesota (the “City”) as follows: Section 1. Sale of Bonds. 1.01. Authorization. Pursuant to a resolution adopted by the City Council on September 19, 2023, the City authorized the sale of its General Obligation Improvement Bonds, Series 2023A (the “Bonds”), to finance the construction of certain assessable public improvements (the “Improvements”), pursuant to Minnesota Statutes, Chapters 429 and 475, as amended (the “Act”). 1.02. Award to the Purchaser and Interest Rates. The proposal of ___________________ (the “Purchaser”) to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $__________ (par amount of $2,215,000, [plus original issue premium of $__________,] [less original issue discount of $__________,] less an underwriter’s discount of $___________), plus accrued interest, if any, to the date of delivery for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2025 % 2029 % 2026 2030 2027 2031 2028 True interest cost: ____________% 1.03. Purchase Contract. The sum of $_____________, being the amount proposed by the Purchaser in excess of $2,188,420, shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the Finance Director of the City in consultation with the City’s municipal advisor. The good faith deposit of the Purchaser shall be retained and deposited until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act, in the total principal amount of $2,215,000, originally dated November 8, 2023, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: 3 Year Amount Year Amount 2025 $ 2029 $ 2026 2030 2027 2031 2028 1.05. Optional Redemption. The City may elect on February 1, 2029, and on any day thereafter to prepay Bonds due on or after February 1, 2030. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Mandatory Redemption; Term Bonds. The Bonds maturing on February 1, 20___ and February 1, 20___ shall hereinafter be referred to collectively as the “Term Bonds.” The principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking fund redemptions of such Term Bonds in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: Sinking Fund Installment Date February 1, 20___ Term Bond Principal Amount $ ____________________ * Maturity February 1, 20___ Term Bond Principal Amount $ ____________________ * Maturity] Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2024, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 4 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar” and the “Paying Agent”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be 5 cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty (30) days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of the City Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form set forth in EXHIBIT B. 3.02. Approving Legal Opinion. The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 6 4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Improvement Bonds, Series 2023A Debt Service Fund (the “Debt Service Fund”) hereby created. The Debt Service Fund shall be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. Special assessments levied against property specially benefited by the Improvements (the “Assessments”) and valorem taxes hereinafter levied (the “Taxes”) are hereby pledged to the Debt Service Fund. There is also appropriated to the Debt Service Fund (i) capitalized interest financed from proceeds of the Bonds, if any; and (ii) amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof. 4.02. Construction Fund. The City hereby creates the General Obligation Improvement Bonds, Series 2023A Construction Fund (the “Construction Fund”). Proceeds of the Bonds, less the appropriations made in Section 4.01 hereof, together with the Assessments and Taxes and any other funds appropriated for the Improvements collected during the construction of the Improvements, will be deposited in the Construction Fund to be used solely to defray expenses of the Improvements and the payment of principal of and interest on the Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act, under the direction of the City Council. When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and any subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 4.03. City Covenants with Respect to the Bonds. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City will cause the Assessments for the Improvements to be promptly levied so that the first installment of the Improvements will be collectible not later than 2024 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the Improvements, Assessments, and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand, and the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. (e) At least twenty percent (20%) of the cost to the City of the Improvements described herein will be specially assessed against benefited properties. 4.04. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be 7 and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 4.05. Pledge of Tax Levy. For the purpose of paying a portion of the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBIT C. 4.06. Certification to County Auditor/Treasurer as to Debt Service Fund Amount. It is hereby determined that the estimated collections of Assessments and Taxes will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may certify to the Auditor/Treasurer of Hennepin County, Minnesota (the “County Auditor/Treasurer”) the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor/Treasurer will thereupon reduce the levy collectible during such year by the amount so certified. 4.07. Registration of Resolution. The City Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor/Treasurer and to obtain the certificate required by Section 475.63 of the Act. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, the City Administrator, and the Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Other Certificates. The Mayor, the City Administrator, and the Finance Director are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, the City Administrator, and the Finance Director shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Electronic Signatures. The electronic signature of the Mayor, the City Administrator, the Finance Director, and/or the City Clerk to this resolution and to any certificate authorized to be executed 8 hereunder shall be as valid as an original signature of such party and shall be effective to bind the City thereto. For purposes hereof, (i) “electronic signature” means a manually signed original signature that is then transmitted by electronic means; and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a portable document format (“pdf”) or other replicating image attached to an electronic mail or internet message. 5.05. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses in accordance with the closing memorandum to be prepared and distributed by Ehlers and Associates, Inc., the municipal advisor to the City, on the date of closing. Section 6. Tax Covenant. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Required. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bond under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bond, and the rebate of excess investment earnings to the United States, if the Bond (together with other obligations reasonably expected to be issued in calendar year 2023) exceeds the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bond is issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code; (b) the City designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; 9 (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2023 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2023 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 10 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 11 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 the same: whereupon said resolution was declared duly passed and adopted. A-1 EXHIBIT A PROPOSALS B-1 EXHIBIT B FORM OF BOND No. R-_____ UNITED STATES OF AMERICA $_________ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MEDINA GENERAL OBLIGATION IMPROVEMENT BOND SERIES 2023A Rate Maturity Date of Original Issue CUSIP February 1, 20__ November 8, 2023 Registered Owner: Cede & Co. The City of Medina, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $__________ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing August 1, 2024, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2029, and on any day thereafter to prepay Bonds due on or after February 1, 2030. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $2,215,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on October 17, 2023 (the “Resolution”), for the purpose of providing money to defray the expenses incurred and to be incurred in making certain assessable local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, as amended. The principal hereof and interest hereon are payable from special assessments levied against property specially benefited by local improvements and ad valorem taxes as set forth in the Resolution to which reference is made for a full statement of rights B-2 and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has designated the issue of Bonds of which this Bond forms a part as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Medina, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: November 8, 2023 CITY OF MEDINA, MINNESOTA (Facsimile) (Facsimile) Mayor City Administrator ______________________________________ B-3 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Authorized Representative ______________________________________ ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UNIF GIFT MIN ACT _________ Custodian _________ (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors Act, State of _______________ JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as B-4 may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee ________________________________________ PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 C-1 EXHIBIT C TAX LEVY SCHEDULE YEAR * TAX LEVY 2024 2025 2026 2027 2028 2029 2030 _____________________________________ * Year tax levy collected. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF MEDINA ) I, being the duly qualified and acting City Clerk of the City of Medina, Hennepin County, Minnesota (the “City”), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on October 17, 2023 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the City’s General Obligation Improvement Bonds, Series 2023A, in the original aggregate principal amount of $2,215,000. WITNESS My hand officially as such City Clerk and the corporate seal of the City this ______ day of October, 2023. City Clerk City of Medina, Minnesota (SEAL) ME230-810 (JAE) 907406v1 Page 1 of 2 TO: City Council FROM: Caitlyn Walker, City Clerk/Assistant to the City Administrator DATE: October 10, 2023 MEETING: October 17, 2023, City Council SUBJECT: Personnel Policies Update Background Staff have drafted updated personnel policies to ensure compliance and consistency with recent legislative changes. The largest changes are related to drug and alcohol testing with the legalization of adult-use cannabis in the state 1, updated sick leave policies with the passage of the Earned Sick and Safe and Safe Time law 2, and other changes related to pregnancy, nursing, and parental leave. The policies have been reviewed by Kennedy and Graven and Department Heads. Overview of Amended Policies 2.12 Drug and Alcohol Testing The City of Medina maintains that a drug, alcohol, and cannabis free workplace is in the best interest of employees and the public. Policy 2.12 applies to Non-DOT employees. Employees that are required to have commercial motor vehicle licenses are covered under Policy 2.16 which has not changed as cannabis use is still prohibited under federal law. Additionally, federal law still prohibits public safety employees who carry a firearm from lawful use of cannabis. Policy 2.12 has been updated to include cannabis in the types of testing that job applicants and employees are subject to. Cannabis testing will not be conducted in job applicant testing or routine physical examination testing (for non-DOT and non-safety sensitive positions). Cannabis testing can be conducted in random testing (for safety sensitive positions), reasonable suspicion testing, and treatment program testing. The policy has been updated with language for the prohibition against drug and alcohol use and the possession of alcohol or drugs at work. This policy looks as if it has been redlined significantly, however the extensive redlining is due to the adoption of policy language from the League of Minnesota Cities rather than significant content changes. 1 https://www.lmc.org/resources/adult-use-cannabis-what-cities-need-to-know/ 2 https://www.dli.mn.gov/sick-leave MEMORANDUM Agenda Item #7B Page 2 of 2 5.40 Earned Sick and Safe Leave A new state law passed in 2023 requires employers to provide employees with earned sick and safe leave time starting January 1, 2024. Policy 5.40 has been updated to meet the state definitions of eligible uses for sick and safe leave. These definitions are much broader than our current language. Additionally, there is new language for advance notice for the use of sick and safe leave. Supervisors will receive additional training on this section. The accrual rates and carry-over policies of sick and safe leave for regular full- time and part-time employees will not change. Accrual rates for temporary and seasonal employees will be one hour of paid sick and safe leave for every 30 hours worked. This applies to election judges, interns, other temporary workers, etc. The League of Minnesota Cities has provided guidance that currently city council members are not exempt from this law. Comments have been provided to the MN Department of Labor and Industry on this issue. If the MN Department of Labor and Industry does not provide an exemption by the end of the year, staff will present a draft policy for city council members at the December 19, 2023 meeting. Pregnancy, Nursing, and Parental Leave (Various Policies) Policy 2.30 Attendance and Hours of Work is updated to reflect state law that nursing mothers and lactating employees be provided paid break time for the purpose of expressing milk. This policy is also updated to include required pregnancy accommodations the city must provide upon the request of an employee. Policy 6.50 Pregnancy and Parental Leave is updated to reflect state law that any employee will be granted unpaid parental leave if they are the natural or adoptive parent of the child. Also, the policy is updated to remove the requirement that employees must exhaust all but 40 hours of accrued personal leave time before using sick leave for parental leave. It also removes the limit that employees could only use six weeks of sick leave during parental leave. 6.30 Voting Leave Policy 6.30 is updated to allow employees to be absent from work for the time necessary to vote including time during the early voting period. It also includes updated language about employees serving as election judges. Next Steps Upon City Council approval, staff will educate staff on the changes at the all-staff training this fall. Potential Action: Motion to approve the amended personnel policies. Personnel Policy 2.10 City Service 11 2.10 City Service Purpose: To define the selection process for employment with the City. Policy: The City Administrator, subject to approval by the City Council, shall select individuals for employment with the City on the basis of merit for the position. After a conditional offer of employment is made to a job applicant, (to both new employees and promotional employees) the City may require the candidate to take and pass a pre-employment physical and/or psychological exam, including a pre-employment drug or alcohol test. The City may also give written or oral examinations to job applicants when necessary to evaluate the knowledge, skills, abilities and other qualifications of the candidate to fulfill the duties of the position. Any examinations given shall be based upon the actual physical and mental requirements of the job. Position Posting The City Administrator or designee will determine if a vacancy will be filled through an open recruitment or by promotion, transfer, or some other method. This determination will be made on a case-by-case basis. The majority of position vacancies will be filled through an open recruitment process. When a position becomes available, it shall be posted and/or advertised through various sources as deemed appropriate by the City Administrator or designee. Equal Employment Opportunity It is the policy of the City to provide equal employment opportunity to all persons. All employment practices and policies will be nondiscriminatory and in compliance with federal laws, state statutes, and local ordinances. No individual may be excluded from any employment or be subjected to discrimination regarding any and all terms and conditions of employment on the basis of race (including traits associated with race, including, but not limited to, hair texture and hair styles such as braids, locs, and twists), color, creed, religion, national origin, gender (including pregnancy, childbirth, and related medical conditions), marital status, familial status, membership or activity in a local commission, sexual orientation or identity, disability, age, status with regard to public assistance or veteran status. This policy applies to all employees and includes, but is not limited to: recruitment, hiring, placement, promotion, demotion or transfer, layoff, recall, termination, rates of pay or other forms of compensation, and selection for training. Retaliation Prohibited The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting any employee rights or remedies as described in the personnel policies. Probationary Period Personnel Policy 2.10 City Service 12 The probationary period is an integral part of the selection process and will be used for the purpose of closely observing the employee’s work and for training the employee in work expectations. All newly hired employees will undergo a six (6) month probationary period unless covered by a collective bargaining agreement stating a different time frame. At the end of the probationary period, the City Administrator or Department Head will decide whether to extend the probation, lift the probation, or terminate the position subject to review by the City Council. Once the probation period ends, the employee will be considered a regular City employee and will be able to utilize personal leave benefits. A probationary period may be waived for promotions or other purposes at the discretion of the City Council. The City holds an ‘employment at will’ policy. Employment may be terminated by either the City or the employee at any time for any reason not contrary to law. Changes to Employee Information It is each employee’s responsibility to notify the City with any change of status including address, phone number, names of beneficiaries, marital status, etc. Approved By: Medina City Council Date: December 20, 2005; Amended September 5, 2017, Amended DATE Personnel Policy 2.12 Drug and Alcohol Testing 13 2.12 Drug and Alcohol Testing Purpose: The city of (“city”) Medina has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The city of Medina does not intend to intrude into the private lives of its employees, but strongly believes that a drug, and alcohol and cannabis-free workplace is in the best interest of employees and the public alike. Alcohol, and drug, and cannabis abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of city property. The city of Medina’s Drug and Alcohol Testing Non-DOT policy has been established for the purpose of providing a safe workplace for all. City employees and applicants required to hold a commercial driver’s license by the United States Department of Transportation (“DOT”) for their job will be tested under the city’s Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the “DOT Policy”). All other employees and job applicants offered employment with the city must undergo testing as described by this policy. To ensure the policy is clearly communicated to all employees and applicants to whom offers of employment have been made, and to comply with state law, employees and applicants are required to review this policy and sign the “policy acknowledgement.” A job applicant will also acknowledge in this form that he/she understands that passing the drug test is a requirement of the job. The purpose of this policy is to ensure a drug and alcohol free work environment and to reduce and eliminate drug and alcohol related accidents, injuries, fatalities and damage to City property resulting from the misuse of alcohol or use of controlled substances. Policy: Types of Testing. Employees are subject to drug and, alcohol, or cannabis testing in the following circumstances: a. Job Applicant Testing. Every job applicant offered employment with the city receives the offer conditioned upon successful completion of an alcohol and/or drug test, and/or alcohol or cannabis test, if applicable, among other conditions. The city will not request or require a job applicant to undergo testing related to “lawful consumable products” pursuant to Minn. Stat. § 181.938, including alcohol, cannabis, lower-potency hemp edibles, and hemp-derived consumer products, except with respect to the categories of positions otherwise required by state or federal law. If the job offer is withdrawn based on alcohol and/or drug test results, the city will inform the applicant of the reasons for the withdrawal. A failure of the Personnel Policy 2.12 Drug and Alcohol Testing 14 alcohol and/or drug test, a refusal to take the test, or failure to meet other conditions of the offer will result in a withdrawal of the offer of employment even if the applicant’s provisional employment has begun. A negative or positive dilute test result (following a second collection), which has been confirmed, will also result in immediate withdrawal of an offer of employment to an applicant. The City may require that any applicant who has received conditional offers of employment undergo drug and alcohol testing. A failure of the drug test, a refusal to take the test, or failure to meet other conditions of the offer will result in a withdrawal of the offer of employment even if the applicant’s provisional employment has begun. A negative or positive dilute test result, following a second collection, which has been confirmed, will also result in immediate withdrawal of an offer of employment to an applicant. If the offer of conditional employment is subsequently withdrawn, the City will notify the applicant of the reason for the withdrawal. b. Routine Physical Examination Testing. The city may request or require an employee to undergo drug and/or alcohol testing – but not cannabis testing – as part of a routine physical examination. The city, in accordance with Minn. Stat. § 181.951, subd. 3, will request or require this type of testing no more than once annually, and the employee will be provided with at least two weeks’ written notice that the test will be required as part of the physical examination. Any employee may be required to undergo drug and alcohol testing as part of a routine physical examination. The drug or alcohol test will be requested no more than once annually and the employee will be given at least two weeks' written notice that the test shall be required as part of the examination. c. Random Testing. In accordance with Minn. Stat. § 181.951, subd. 4, the city may require an employee to submit to random testing – including drug, alcohol, and cannabis testing – if the employee is in a safety sensitive position. An employee in a safety-sensitive position in which impairment caused by drug or alcohol usage would threaten the health or safety of any person may be required to undergo random drug and alcohol testing. In addition, employees who are required to have a commercial driver’s license, are subject to random testing as required by federal law. d. Reasonable Suspicion Testing. Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and/or drug testing, including cannabis testing, when reasonable suspicion exists to believe that the employee: • Is under the influence of alcohol or a drug or cannabis; or • Has violated written work rules prohibiting the use, possession, sale or transfer of drugs, or alcohol, or cannabis while working, while on city property, or while operating city vehicles, machinery, or any other type of equipment; or • Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or has caused another employee to sustain an injury or; Personnel Policy 2.12 Drug and Alcohol Testing 15 • Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol, or drugs, or cannabis or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the city’s policies concerning alcohol, or drugs, or cannabis may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form. For off-site collection, employees will be driven to the employer-approved medical facility by their supervisor or a designee. For an on-site collection service, the employee will remain on site and be observed by the supervisor or designee. The medical facility or on-site collection service will take the urine or blood sample and will forward the sample to an approved laboratory for testing. Any employee may be required to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: (a) is under the influence of drugs or alcohol; or (b) has violated the city’s written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on City property or operating a City vehicle, machinery, or equipment; or (c) has sustained a personal injury arising out of and in the course of employment, or caused another person to sustain a personal injury, and although the employer does not specifically suspect drug use, there is a reasonable possibility that drug use was a contributing factor to the injury; or (d) has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. e. Treatment Program Testing. In accordance with Minn. Stat. § 181.951, subd. 6., the city may request or require an employee to undergo drug and alcohol testing, including cannabis testing, if the employee has been referred by the city for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan. In such a case, the employee may be requested or required to undergo drug or alcohol testing, including cannabis testing, without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. Any employee may be required to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under the City insurance, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. Personnel Policy 2.12 Drug and Alcohol Testing 16 Testing Procedure. Any department head or the City Administrator may order the drug, and alcohol and/or cannabis testing. Before undergoing drug, or alcohol, or cannabis testing, the employee shall complete a form (1) acknowledging that the employee has seen a copy of the City's drug and alcohol policy, and (2) indicating consent to undergo the drug, and alcohol, and cannabis testing. Testing Laboratory. A laboratory meeting all requirements of state law, including those set forth in Minn. Stat. Sec. 181.953, shall handle all drug, and alcohol, and cannabis testing. Test Results. Within three days of obtaining the final test results, the testing laboratory shall provide the City with a written report indicating the drug(s), alcohol, or their metabolites tested for, the types of test conducted, and whether the test produced negative or positive test results. Within three working days after receipt of the test result report, the City shall inform the employee in writing of a negative test result on an initial screening test, or of a negative or positive test result on a confirmatory test. Prohibition against Drugs and Alcohol Use and Possession of Alcohol or Drug(s). Employees are prohibited from the use, possession, transfer, transportation, manufacture, distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol, drugs, including cannabis, or drug paraphernalia while on duty; is on city premises; while operating any city vehicle, machinery, or equipment; or when performing any city business, except (1) pursuant to a valid medical prescription used as properly instructed; (2) the use of over-the-counter drugs used as intended by the manufacturer; or (3) when necessary for approved law enforcement activity. Besides having a zero-tolerance policy for the use or possession of alcohol, illegal drugs, or misused prescription drugs on the worksite, we also prohibit the use, possession of, impairment by any cannabis or medical cannabis products (e.g., hash oils, edibles or beverages containing cannabinoids, or pills) on the worksite by a person working as an employee at the city or while “on call” and subject to return to work. Having a medical marijuana card, patient registry number, and/or cannabis prescription from a physician does not allow anyone to use, possess, or be impaired by that drug here. Likewise, the fact that cannabis cannabinoids may be lawfully purchased and consumed in some circumstances does not permit anyone to use, possess, or be impaired by them here. The federal government still classifies cannabis as an illegal drug, even though some states, including Minnesota, have decriminalized its possession and use in certain circumstances. There is no acceptable concentration of marijuana metabolites in the blood or urine of an employee who operates our equipment or vehicles or who is on one of our worksites. Applicants and employees are still subject to being tested under our drug and alcohol testing policy. And employees are subject to being disciplined, suspended, or terminated after testing positive for cannabis if the employee used, possessed, or was impaired by cannabis, including medical cannabis, while on the premises of the place of employment or during the hours of employment. Rights of Employees and Job Applicants. Employees and applicants have a right to request and receive a copy of the test result report. If an employee or applicant tests positive for drug use, the City will give written notice of the right to explain the positive test. Within three working days Personnel Policy 2.12 Drug and Alcohol Testing 17 after notice of a positive test result on a confirmatory test, the employee or applicant may submit information to the City to explain that result or may, within five working days after notice of the positive test result, request a confirmatory retest at the employee’s or the applicant’s own expense. If the confirmatory retest does not confirm the original positive test result, the City will not take any adverse personnel action against the employee or applicant based on the original confirmatory test and will reimburse the employee for the expense of the retest. Consequences for Refusal to Test. Employees and job applicants have the right to refuse to undergo drug, and alcohol, and cannabis testing. However, failure to comply with the City's drug and alcohol policy, and refusal to take a drug and, alcohol, and or cabbabiscannabis test upon request shall subject an employee to discipline, including discharge. If an applicant refuses to test, the job offer will immediately be withdrawn. Discipline. An employee who has a positive test result on a confirmatory test, when this is the first such result for the employee, will be subject to discipline but shall not be discharged unless (1) the employee has been given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. The certified chemical use counselor or physician trained in the diagnoses and treatment of chemical dependency will determine if the employee has followed the rehabilitation program as prescribed; and (2) the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program as evidenced by withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program. Participation in the specified program will be at the employee's own expense or pursuant to coverage under the City's insurance. All other employees obtaining a positive test result will be subject to discipline including discharge. Nothing in this policy limits the right of the City to discipline or dismiss an employee on grounds other than a positive confirmatory test result, including conviction of any criminal drug statute for a violation occurring in the workplace or violation of other City personnel policies. Data Privacy Test results and other information gathered under this policy will generally be treated as private data on individuals. Positive results will typically be disclosed to the employee, the employee’s Department Head and the City Administrator. Beyond those on a need to know basis in the city, results will not be disclosed to others unless requested in writing by the employee or required by law. Approved By: Medina City Council Date: December 20, 2005; Amended September 5, 2017; Amended DATE Personnel Policy 2.30 Attendance and Hours of Work 31 2.30 Attendance and Hours of Work Purpose: The City recognizes the need for its offices to be open consistently at designated work hours during the day to provide service to the general public. The City expects employees to be at their jobs during designated minimum work hours. The operations and standards of service in the City of Medina require that employees be at work unless valid reasons warrant absence or an employee has a position that has been approved to work remotely. In order for a team to function efficiently and effectively, employees must fully understand the goals that have been set for them and the time required to be on the job. Understanding attendance requirements is an essential function of every City position. Policy: 1. Office Hours – The normal office hours of Medina City Hall shall consist of eight (8) hours, beginning at 8:00 a.m. and ending at 4:30 p.m., Monday through Friday. Department heads shall ensure that City Hall is staffed appropriately during normal office hours. 2. Work Schedules - Work schedules of the department heads shall be established by the City Administrator. Work schedules for all other personnel shall be established by the appropriate department head with the approval of the City Administrator. Full-time employees will work at least forty (40) hours each week. The normal work week for regular full-time non-exempt employees shall be defined as five (5) eight (8) —hour working days including two (2) fifteen (15) minute breaks per eight (8) hour shift and excluding a thirty (30) minute lunch break, Monday through Friday, except as otherwise established by a department head in accordance with custom and needs of the department, or as otherwise defined by a bargaining unit agreement. • Rest Periods - Every employee working an eight (8) hour shift, when working under conditions where a break period is practicable, shall be granted a fifteen (15) minute break period in each half of the employee’s 8-hour shift. Each department head shall schedule rest periods so as not to interfere with work requirements. An employee may choose to combine the meal and rest period, if permitted by the department head. 3. Pay Period - For the purpose of determining pay periods and overtime pay, the work week shall be from 12:01 a.m., Sunday to 12:00 a.m. (midnight), Saturday. 4. Nursing Mothers and Lactating Employees - In accordance with state law, employees who are nursing mothers and lactating employees will be provided reasonable unpaid break time (which may run concurrently with already provided break times) for the purpose of expressing milk. The City will provide a clean, private, and secure room other than a bathroom as close as possible to the employee’s work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical Personnel Policy 2.30 Attendance and Hours of Work 32 outlet, where the nursing motheremployee can express milk in private. 5. Pregnancy Accommodations - In accordance with law and upon request of an employee, the City will attempt to provide the following reasonable accommodations for health conditions related to pregnancy or childbirth: • More frequent or longer restroom, food, and water breaks. • Seating; and/or • Limits on lifting over 20 pounds. Additionally, the City will provide reasonable accommodations, including, but not limited to, temporary leaves of absence, modification in work schedule or job assignments, seating, more frequent or longer break periods and limits to heavy lifting to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the City demonstrates the accommodation would impose an undue hardship on the City’s operations. In accordance with state law, no employee is required to take a leave of absence for a pregnancy nor accept a pregnancy accommodation. Approved By: Medina City Council Date: December 20, 2005; Amended September 5, 2017, Amended DATE Personnel Policy 5.40 Sick and Safe Leave 67 5.40 Earned Sick and Safe Leave Purpose: The City provides earned sick and safe leave with pay for all eligible employees for the purpose of illness or other case of necessity defined in this policy. Policy: 1. Earned sSick and safe lleave is authorized absence from work with pay, granted to qualified full-time and part-time employees performing work for at least 80 hours in a calendar year for the City. The leave may be used as it is accrued in 15 minute increments for the following circumstances:. Sick leave is not a privilege or vested right that an employee may use at their discretion, but is a type of insurance allowed in case of necessity or actual illness in accordance with this policy. A physician’s statement may be required at any time for verification of any sick leave taken. Employees are to use this paid leave only when they are unable to work for medical reasons and under the conditions explained below: a. When an employee is unable to perform work duties due to the employee’s own illness or disability (including pregnancy). b. For medical, dental or other care provider appointments. c. When an employee has been exposed to a contagious disease of such a nature that his/her presence at the work place could endanger the health of others. d. To care for the employee’s injured or ill children, including, stepchildren, adopted or foster children, adult child, spouse, domestic partner, sibling, parent, mother-in- law, father-in-law, grandchild, grandparent, or stepparent, for such reasonable periods as the employee’s attendance may be necessary. e. To take children, or other family members to a medical, dental or other care provider appointment. f. Employees may use up to 160 hours of sick leave in a calendar year for absences due to an illness of or injury to the employee's adult child, spouse, domestic partner, sibling, parent, grandparent, stepparent, parent-in-laws (mothers-in-law and fathers- in-law) and grandchildren (includes step-grandchildren, biological, adopted or foster grandchildren). g. Safety leave. Employees are authorized to use sick leave for reasonable absences for themselves or relatives (employee's adult child, spouse, sibling, parent, mother- in-law, father-in-law, grandchild, grandparent, or stepparent) who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the employee and the employee’s child, is limited to 160 hours in a calendar year. An employee’s own: a. Mental or physical illness, injury or other health condition b. Need for medical diagnosis, care or treatment, of a mental or physical illness injury or health condition Personnel Policy 5.40 Sick and Safe Leave 68 c. Need for preventative care d. Closure of the employee's place of business due to weather or other public emergency e. The employee's inability to work or telework because the employee is prohibited from working by the city due to health concerns related to the potential transmission of a communicable illness related to a public emergency, or seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and the employee has been exposed to a communicable disease or the city has requested a test or diagnosis. f. Absence due to domestic abuse, sexual assault, or stalking of the employee provided the absence is to: • Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking • Obtain services from a victim services organization • Obtain psychological or other counseling • Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking • Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking Care of a family member: a. With mental or physical illness, injury or other health condition b. Who needs medical diagnosis, care or treatment of a mental or physical illness, injury or other health condition c. Who needs preventative medical or health care d. Whose school or place of care has been closed due to weather or other public emergency e. When it has been determined by health authority or a health care professional that the presence of the family member of the employee in the community would jeopardize the health of others because of the exposure of the family member of the employee to a communicable disease, whether or not the family member has actually contracted the communicable disease f. Absence due to domestic abuse, sexual assault or stalking of the employee’s family member provided the absence is to: • Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking • Obtain services from a victim services organization • Obtain psychological or other counseling • Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking • Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking Personnel Policy 5.40 Sick and Safe Leave 69 2. Earned Sick and Safe Leave used to care for a family member is limited to 160 hours in a calendar year. For the Earned Sick and Safe Leave purposes, family member includes an employee’s: a. Spouse or registered domestic partner b. Child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in local parentis c. Sibling, step sibling or foster sibling d. Biological, adoptive or foster parent, stepparent or a person who stood in loco parentis when the employee was a minor child e. Grandchild, foster grandchild or step grandchild f. Grandparent or step grandparent g. A child of a sibling of the employee h. A sibling of the parent of the employee or i. A child-in-law or sibling-in-law j. Any of the above family members of a spouse or registered domestic partner k. Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship l. Up to one individual annually designated by the employee 3. Advance Notice for Use of Earned Sick and Safe Leave - If the need for sick and safe leave is foreseeable, the city requires seven days’ advance notice. However, if the need is unforeseeable, employees must provide notice of the need for Earned Sick and Safe time as soon as practicable. When an employee uses Earned Sick and Safe time for more than three consecutive days, the city may require appropriate supporting documentation (such as medical documentation supporting medical leave, court records or related documentation to support safety leave). However, if the employee or employee's family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, Earned Sick and Safe Leave for a qualifying purpose. The city will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee’s or the employee’s family member’s medical condition. In accordance with state law, the city will not require an employee using Earned Sick and Safe leave to find a replacement worker to cover the hours the employee will be absent. 4. Full-time employees are entitled to accumulate sick and safe leave with pay at the rate of eight (8) hours for each calendar month of full-time employment. Benefited Part-time employees are entitled to accumulate sick and safe leave with pay at the rate of six (6) hours for each calendar month of benefited part-time employment. Regular part-time employees are entitled to accumulate sick and safe leave with pay at the rate of four (4) hours for each calendar month of part-time employment. 1. Temporary and seasonal employees who work a minimum of 80 hours per calendar year are entitled to accrue one hour of paid sick and safe leave for every 30 hours worked. Personnel Policy 5.40 Sick and Safe Leave 70 Employees may begin using sick and safe leave once they have worked 80 hours in a calendar year. Temporary and seasonal employees may not accrue more than 48 hours of sick and safe leave in a calendar year. Temporary and seasonal employees are allowed to carry over earned but unused sick and safe leave to the following year, but the total accrued and unused sick leave must not exceed 80 hours. 2. The employee must notify his/her department head for the appropriate approval prior to their scheduled workday or as soon thereafter as practical of the sick leave absence. Employees will keep their department head informed of their condition if absent for more than one day. 2.5.Employees granted sick and safe leave for part of a day shall be paid for the hours worked. 3.6.The City may require that an employee who is unable to work due to an illness or disability, before being permitted to work, provide medical evidence that he/she isthey are again able to perform all essential functions of the position with or without reasonable accommodations, without hazard to self or others. 4.7.Each employee may donate up to 40 hours of accrued sick and safe leave per year to other employees in accordance with the provisions outlined in the Sick and Safe Leave Donation policy. 5.8.Sick Sick and safe leave may be accumulated and banked to a maximum of nine hundred sixty (960) hours for regular full-time and regular part-time employees. For sick and safe leave accumulated in excess of nine hundred sixty (960) hours, employees who began regular full-time employment with the City of Medina prior to August 1, 2011 may bank the hours in an account established by the City for the purpose of retirement insurance premiums and health care expenses (see 5.60 Health Care Savings Plan Retirement Insurance Program policy). Employees beginning regular full-time or regular part-time employment with the City of Medina after August 1, 2011 shall not bank sick and safe leave hours over nine hundred sixty (960) hours. 6.9.Any regular full-time and regular part-time employee leaving employment voluntarily, with four or more years of service with the city after giving the City fourteen (14) calendar days’ notice or 30 calendar days’ notice for Department Heads of termination of employment, will be paid at his/hertheir base rate of pay at the time of termination one third (1/3) of his/hertheir accumulated sick and safe leave hours. Any sick and safe leave banked in excess of nine hundred sixty (960) hours for the Health Care Savings Plan Retirement Insurance Program will be forfeited. 7.10. An employee leaving employment voluntarily with twenty (20) or more years of service with the City will have the following options in regard to accrued sick and safe leave: A. After giving the City at least fourteen (14) calendar days’ notice or 30 calendar days’ notice for Department Heads of termination of employment, receive payment from the City for one half (1/2) all accrued sick and safe leave at the employee’s base rate of pay at the time of termination. Any sick and safe leave banked in Personnel Policy 5.40 Sick and Safe Leave 71 excess of nine hundred sixty (960) hours for the Health Care Savings Plan Retirement Insurance Program will be forfeited. B. After giving the City at least fourteen (14) calendar days’ notice or 30 calendar days’ notice for Department Heads of termination of employment, place any accrued sick and safe leave into the Health Care Savings Plan Retirement Insurance Program (see 5.60 Health Care Savings Plan Retirement Insurance Program policy). 11. Proceeds to Employee’s Estate - The estate of any employee who dies while employed by the City shall be entitled to receive the value of one—third (1/3) for an employee under twenty (20) years of service and one-half (1/2) for an employee with twenty (20) or more years of service of the employee’s accrued unused sick and safe leave up to nine hundred sixty (960) hours, subject to the foregoing provisions. 8.12. Retaliation Prohibited - The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting Earned Sick and Safe Leave rights, requesting an Earned Sick and Safe Leave absence, or pursuing remedies. Further, use of Earned Sick and Safe Leave will not be factored into any attendance point system the city may use. Additionally, it is unlawful to report or threaten to report a person or a family member’s immigration status for exercising a right under Earned Sick and Safe Leave. Approved By: Medina City Council Date: December 20, 2005; Amended: November 4, 2009; January 4, 2011; August 3, 2011; July 2, 2013; August 6, 2014; February 21, 2017; September 5, 2017; February 4, 2020; Amended DATE Personnel Policy 6.30 Voting Leave 83 6.30 Voting Leave Purpose: The City encourages employees to fulfill their civic responsibilities by voting. Policy: All employees eligible to vote at a local general, statewide general election, federal general election, an election to fill a vacancy in office, or in a Presidential primary, will be allowed time off with pay to vote on the election day. Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues. Employees may be absent from work for the time necessary to vote, including being absent during the time allowed for voting in person before election day. An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off without pay for purposes of serving as an election judge, provided that the employee gives the City at least twenty (20) ten (10) days written notice, including a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. The city reserves the right to restrict the number of employees absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite. Approved By: Medina City Council Date: December 20, 2005; Amended September 5, 2017, Amended DATE Personnel Policy 6.50 Pregnancy and Parental Leave 85 6.50 Pregnancy and Parental Leave Purpose: To define the scope and eligibility for an employee to take pregnancy and parental leave for the birth or adoption of a child and for certain conditions related to pregnancy and childbirth. Policy: 1. In conjunction with the birth or adoption of a child, the City will grant unpaid parental leave to all regular full-time and part-time employees who work twenty (20) hours or more per week and who have been employed for at least 12 consecutive months preceding the date of the request for leave. The employee must be the natural or adoptive parent of the child. 2. The City will grant unpaid leave to all regular full-time and part-time female employees who work twenty (20) hours or more per week and who have been employed for at least 12 consecutive months preceding the date of the request for leave for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions. 3. Depending upon an employee’s situation, more than one form of leave may apply during the same period of time. If the employee is eligible for Sick and Safe Leave during the Parental or Pregnancy Leave, the two leaves will run concurrently. 4. An employee may not take parental or pregnancy leave in excess of twelve (12) consecutive weeks. The start date for parental leave must begin within twelve (12) months of the birth or adoption of the child. The employee shall submit a completed Parental Leave Form to the City Administrator as far in advance as possible, but not later than thirty (30) calendar days in advance of the leave start date. 5. Parental leave may not begin more than twelve (12) months after the birth or adoption; except that, in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than twelve (12) months after the child leaves the hospital. 6. The employee may choose to utilize accumulated paid leave benefits during parental leave. Any use of sick leave must first be preceded by exhausting all but 40 hours of accrued personal leave time, unless accompanied by a physician’s statement qualifying the employee for use of sick leave. In no case shall more than six weeks of sick leave be used during parental leave, unless accompanied by a physician’s statement qualifying the employee for use of additional sick leave. 7. Insurance coverage will be made available to the employee while they are on leave. The City will continue to provide the City’s share of insurance plan costs or health care premiums while the employee is on pregnancy or parental leave. Personnel Policy 6.50 Pregnancy and Parental Leave 86 8. The employee is required to return to work for a minimum of twelve weeks following the pregnancy or parental leave. Failure to comply with this provision may result in the requirement of the employee to repay the City’s share of insurance plan costs provided during the parental leave. 9. No personal leave or sick and safe leave benefits shall accrue nor will holidays be paid during unpaid pregnancy or parental leave. Personal leave or sick and safe leave benefits shall accrue and holidays will be paid during pregnancy or parental leave if the employee is utilizing accumulated paid leave benefits or compensatory time. No sick and safe leave may be donated to persons on pregnancy or parental leave. 10. An employee returning from an authorized pregnancy or parental leave shall be reinstated to their former position or a position equivalent in pay, benefits and other terms and conditions of employment, which the employee was receiving prior to the commencement of the leave. However, if the employee’s position would have been eliminated or the employee would have been dismissed but for the leave, the employee does not have the right to be reinstated upon return from leave. 10. The city will inform employees of their parental leave rights at the time of hire and when an employee makes an inquiry about or requests parental leave. Approved By: Medina City Council Date: December 20, 2005; Amended January 4, 2011; January 18, 2011; August 6, 2014; February 21, 2017, Amended DATE Personnel Policy 8.90 Smoke Free Workplace 101 8.90 Smoke Free Workplace Purpose: To maintain the health, comfort, and respect in the workplace, the City wishes to limit smoking to designated areas. Policy: 1. All City buildings, and City owned vehicles, in their entirety, shall be designated as “Smoke Free,” meaning that all persons shall be prohibited from smoking in any form (through the use of cigarettes, cigars, and pipes) or “vaping” with e-cigarettes, or using chewing tobacco, snuff, or other related tobacco substances while in such City facilities or City owned vehicles is prohibited for employees. 2. If smoking results in discomfort to others, smokers are required to stop smoking. 3. Employees who smoke should remain at least 10 feet from doors to buildings and should place cigarette butts in appropriate trash containers. Smoking in non-approved areas may result in disciplinary action. 4. The City shall pay for any employee who voluntarily attends one or more smoking cessation programs upon City Council approval. Approved By: Medina City Council Date: December 20, 2005 Planning Department Update Page 1 of 2 October 17, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: October 12, 2023 MEETING: October 17, 2023 City Council SUBJECT: Planning Department Updates Land Use Application Review A) Meander Park and Boardwalk – Meander Rd, east of Arrowhead Dr – Medina Ventures had requested PUD General Plan and Preliminary Plat approval for a development to include four residential units north of Meander Rd, and commercial uses south of Meander Rd including a venue, restaurant, daycare, and speculative retail space. The City Council granted amended PUD and Final Plat approval at the April 18 meeting. The applicant has submitted an amendment to the plat and plans which would add a strip of property along the east of the property, increase the size of the daycare, add parking, and proposes solar panel “carports” over much of the parking lot. The Planning Commission held a public hearing on October 10 and unanimously recommended approval, but recommended improvements to landscaping and design of the solar panel structure. Staff tentatively intends to present to City Council on October 17. B) 500 Hamel Road Apartment Concept Plan – Medina Apartments LLC has requested review of a concept plan review for development of a 97-unit apartment building at 500 Hamel Rd. The Planning Commission and Council provided comments in the fall of 2022. The developer held a series of neighborhood workshops with neighboring property owners, most recently on September 21, 2023. A few City Council and Planning Commission members and I attended. C) 1225 Maplewood Concept Plan – John and Lisa James have requested review of a concept plan for a three-lot subdivision. Staff is conducting preliminary review and will schedule for a public hearing when complete. D) School Lake Nature Preserve 3rd Addition and PUD Amendment – School Lake Nature Preserve LLC has requested to separate the area of the formal garden from one of the lots within the development. The garden area is proposed as a stand alone outlot. The City Council granted approval at the September 19 meeting. Staff will work with applicant to finalize documents necessary to meet the conditions of approval. E) Preserve of Medina (fka Blooming Meadows) – east of Holy Name Dr, north of CR24 – Tim Boser has requested PUD General Plan and Preliminary Plat approval for a 5-lot rural subdivision. The applicant proposes to restore a large area of wetlands and create a wetland bank in addition to the lots. The City Council granted general plan of development and preliminary plat approval on August 2. Staff will await final plat application. F) Cates Industrial Park – Comprehensive Plan Amendment– Oppidan has requested final plat approval for a 310,000 square foot warehouse/office development east of Willow Drive, north of Chippewa Road. Staff has been informed that the acquisition may not be proceeding. Staff is investigating to determine what action, if any, is necessary with pending applications. G) Grossman Septic Variance – 3082 Highway 55 – Jaymes Grossman has requested a variance for the setback for a septic system from wetlands to replace an existing system. The Council approved the variance at the August 15 meeting and the project will now be closed. MEMORANDUM Planning Department Update Page 2 of 2 October 17, 2023 City Council Meeting H) BAPS Site Plan Review – 1400 Hamel Road – BAPS Minneapolis Medina has requested an amendment to their approved site plan review. The Council approved the amended Site Plan Review at the December 6, 2022 meeting. The applicant has submitted site/civil construction plans for review and has indicated that they may move forward with site work in the fall of 2023 or spring of 2024. The applicant has indicated that building construction likely would not begin until the spring of 2024. I) Hamel Townhomes Final Plat – 342 Hamel Rd – Hamel Townhomes, LLC has requested final plat approval for a 30-unit townhome development. The Council granted final plat approval on August 16. Staff will work with the applicant to finalize documents prior to beginning of construction. J) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition to its building. The application is incomplete for review and will be scheduled for a hearing when complete. K) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting final plat application. Other Projects A) Minnesota APA Conference – I attended the annual Planning conference October 4-6 and would like to thank Council for support of continuing education. B) Tree Preservation Ordinance – staff presented the Tree Preservation Ordinance to the Planning Commission for preliminary discussion. The Planning Commission provided recommendations at their September 12 meeting, Council discussed on September 19 and October 3 and requested more information. Staff is reviewing with the intent of presenting in November. C) Weston Woods improvements – staff met with the developer to demand completion of certain portions of the remaining work prior to the end of the construction season. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: October 12, 2023 RE: Department Updates Officer Wiese is progressing nicely in his first few weeks of FTO. He is fitting in well and doing a great job learning the nuances of the job. We have completed CSO and officer interviews in the past two weeks. We are moving into the next steps of the hiring phase with background investigations. Sergeant Hall will be conducting the background on the potential CSO candidate and Sergeant Boecker will be conducting the background for the potential new officer candidate. The police officer candidate is from South Carolina, which means that Sergeant Boecker will at some point be flying there to conduct a thorough background investigation. There are many things that go into properly vetting a new police officer candidate and many of them need to be done in person. We will be opening up CSO applications again in an attempt to find a second CSO to fill the other open vacancy. Our entire police department conducted joint training with the Corcoran Police Department at the Annandale Shoot House Training Center on the 10th and 11th. I was told that the training was very good scenario-based training. It is always good to train with other agencies as we back each other up on many calls for service. Patrol: The following are updates of Patrol Officers between September 27th, 2023 and October 11th, 2023: Citations – 11 Warnings – 36 PD Accidents – 3 PI Accidents – 0 Medicals – 17 Falls – 3 Suspicious Calls – 3 Traffic Complaints – 7 Other Agency Assists – 13 Bus/Residential Alarm - 15 Welfare Checks - 2 Disturbance Calls - 5 On 09/27/2023 at approximately 1829 hours an officer on patrol came upon a large tote in the roadway that contained a large amount of power tools. It is believed the tote may have fallen off a work vehicle. The tote and tools were brought back to the Medina PD and property inventoried. Currently no one has contacted our PD to report the tools missing. On 09/28/2023 at 1321 hours an officer was dispatched to 3316 Red Fox Drive to assist Minnetonka PD. Minnetonka PD reported a theft from motor vehicle earlier in the day and that an Apple device that had been stolen was pinging to the area of this address in Medina. The officer was able to make contact with the homeowner at that address who reported he had been biking home near Ridgedale Drive and found a bag and computer laying in the roadway. He picked up the items and brought them home to attempt to contact the owner. The property was turned over to the Medina officer who brought them to the Minnetonka PD and turned them over. On 09/29/2023 at approximately 0918 hours an officer ran a routine registration check in the area of Medina Street and Crestview Lane in Loretto and found the registered owner had an unconfirmed felony warrant for drug possession. Officer stopped the vehicle and identified the driver as the person with the warrant. The warrant was confirmed, and the driver was arrested and transported to Hennepin County Jail. On 10/01/2023 at 2026 hours officers were dispatched to an unwanted party at the Medina Inn. Staff reported a highly intoxicated male was stumbling around the lobby area in his underwear. Subject was staying at the Medina Inn for the past several days. Officers made contact with the male in his room who was found highly intoxicated. He was transported to the hospital due to his intoxication level and unable to care for himself. He was also trespassed from the Medina Inn by request of staff. On 10/02/2023 officer was called to Target to take a theft report that had just occurred. Asset Protection reported a group of five people had been in the store and all concealed items in backpacks before leaving the store without paying for the merchandise. Asset Protection was able to get the license plate of the vehicle the suspects left in. The case was forwarded to Investigations for follow up. On 10/02/2022 officer was called to an overdose in the 500 block of Sunnyridge Lane in Loretto. Family member reported receiving a text message from the resident at this address reporting they had taken numerous pills in an attempt to commit suicide. Officers eventually made contact with the female in the residence and confirmed she had taken numerous pills. She was transported to the hospital on a transport hold. On 10/05/2023 at 2211 hours officer was called to a damage to property that had just occurred in the 100 block of Railway Street East in Loretto. Tenant reported someone had just thrown a chair through a window at the residence and left in a silver minivan. Officers responded and took the report. Tenant was unable to provide a license plate of the vehicle and reported not knowing who would have done the damage. On 10/06/2023 at 1336 hours officer was dispatched to Holy Name School on a trespass complaint. Security was requesting an officer to respond and trespass a group of kids found parked on the property. The teens were believed to have been smoking marijuana on the property. The teens were trespassed, and the parents were contacted and advised of the contact. On 10/07/2023 at approximately 0415 hours officer stopped a vehicle for swerving within the lane on Highway 55 near Rolling Hills Road. The driver showed signs of impairment and admitted to drinking earlier in the evening. Officer administered standardized field sobriety tests to the driver along with a PBT which showed a BAC of .136. The driver was arrested and found to have two prior DWI’s within the past ten years on his driver’s license record which enhances the charge to 2nd degree DWI. He was booked at Medina PD and transported to Hennepin County Jail. On 10/09/2023 officer was dispatched to Gregor Farms on an attempted theft report. Business reported sometime overnight someone had attempted to steal some equipment on the property. The equipment was tampered with, but nothing was taken. On 10/10/2023 at 1531 hours officer responded to a reported threat at Koch’s Korner. Person reported pulling up to a gas pump to get gas when someone pulled up and yelled that they had been waiting in line and she had cut in front and told her to move several times. Reporting person felt threatened by this. Officer advised that no crime had been committed but a report of the incident would be on file. On 10/11/2023 at 1811 hours officer and West Suburban Fire were dispatched to a possible “forest fire” in the area of 1500 block of Hunter Drive. The fire was located and found to be at an address off Tamarack Drive and found to be a permit burn in progress. Investigations: Received a MAARC report regarding financial exploitation of a vulnerable adult. Wrote two subpoenas for the above case for bank records. Sent in charges for fraud. Worked with several agencies to develop suspects in fraud ring. Wrote several subpoenas for fraud cases. Received a theft and issued a crime alert and KOPS alert. Received a possible OFP violation. Attended joint training with Corcoran PD. Investigations currently has 10 open/active cases. 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: October 10, 2023 MEETING: October 17, 2023 SUBJECT: Public Works Update Streets • The final lift of asphalt was installed on Townline Road this week. The street looks great, we will do some shouldering and striping. This project has gone very well and is a major improvement to the area. • Public Works is completing some blacktop repairs in the Independence Beach area. • Staff have been working with Mark Smith, Weston Woods, to resolve some infrastructure issues prior to the start of winter. Water/Sewer/Stormwater • Medina Public Works was called in to assist West Suburban Fire and Loretto Public Works with water during the industrial fire in the City of Loretto last weekend. • The Willow Drive lift station project looks great, we are on schedule for an October 25th startup date. • Public Works will be completing our annual inspection of valves and manholes to ensure they are not a hazard to the snowplows in the upcoming months. • We’ve started the Independence Beach Lift Station No. 1 pump replacement. We are replacing the rail system and worn-out flanges in preparation of the arrival of the new pumps. • Lisa and I met with WSB to discuss the status of the MS4 mandates for the new permit cycle. The MPCA has not finalized how TMDL reporting will be handled, therefore this portion remains up in the air. We discussed infrastructure inspections at length and will present to Council at the November work session. The MPCA requirements are beyond our staff resources, we will likely need to talk about an increase in the stormwater rates for 2024. Parks/Trails • The grandstand project at Hamel Legion Park looks great and will be complete soon. Public Works assisted in setting some catch basins and will be dormant grass seeding the area directly behind the grandstand. • I negotiated an arrangement with the mowing service to perform extra mowing at no extra charge. • The Park Commission meets on October 17 and will discuss the trail plan, and how the Deer Hill Preserve trail fits into that plan. • The park benches arrived. They will be assembled and installed on the decks at Lakeshore Park in the next few weeks. MEMORANDUM ORDER CHECKS OCTOBER 3, 2023 – OCTOBER 17, 2023 054889 ADAMS PEST CONTROL INC .................................................. $107.72 054890 GODDARD SCHOOL................................................................. $150.00 054891 JOSHI, SHRIRANG ..................................................................... $29.74 054892 LANGHEINRICH, TRACY ............................................................ $30.00 054893 LAW ENFORCEMENT LABOR .................................................. $542.50 054894 METROPOLITAN COUNCIL ................................................. $61,503.75 054895 MULDOON, BRENDAN ............................................................. $250.00 054896 SCHOMMER, DAWN ................................................................. $500.00 054897 STANDARD INSURANCE COMPANY .................................... $1,142.95 054898 ADAMS PEST CONTROL INC .................................................. $178.65 054899 BEAUDRY OIL & PROPANE .................................................. $2,654.22 054900 BLUE CROSS BLUE SHIELD OF MN ................................... $41,806.09 054901 BURSCHVILLE CONSTRUCTION INC ................................. $10,530.00 054902 CORE & MAIN LP ...................................................................... $573.52 054903 DESIGNING NATURE, INC. ...................................................... $248.00 054904 DITTER COOLING & HEATING.............................................. $3,403.60 054905 ECM PUBLISHERS INC ............................................................ $131.61 054906 FLAGSHIP RECREATION LLC............................................... $1,824.00 054907 GMH ASPHALT CORP ....................................................... $174,741.77 054908 GOPHER STATE ONE CALL .................................................... $324.00 054909 GRAINGER................................................................................ $228.14 054910 GREGERSON ROSOW JOHNSON NILAN ............................ $2,840.75 054911 HACH COMPANY ...................................................................... $983.71 054912 HAMEL LUMBER INC ................................................................ $489.13 054913 HAMEL LIONS CLUB ............................................................. $2,125.00 054914 HAWKINS INC. ....................................................................... $4,844.75 054915 HENN COUNTY INFO TECH .................................................. $2,407.07 054916 HENNEPIN COUNTY TREASURER ............................................ $32.50 054917 JIMMY'S JOHNNYS INC ......................................................... $1,459.40 054918 KENNEDY & GRAVEN CHARTERED .................................... $8,140.90 054919 LANO EQUIPMENT INC ............................................................ $507.84 054920 LEXISNEXIS RISK DATA MGMT INC .......................................... $48.50 054921 CITY OF LONG LAKE ............................................................. $8,443.75 054922 LORETTO AUTO BODY ......................................................... $1,170.00 054923 LORETTO VOL FIRE DEPT INC ........................................ $121,578.09 054924 CITY OF MAPLE PLAIN ......................................................... $4,682.57 054925 MARTIN MARIETTA MATERIALS INC ................................... $1,362.92 054926 MATHESON TRI-GAS INC .......................................................... $61.88 054927 METROPOLITAN COUNCIL ................................................. $36,562.86 054928 METRO ELEVATOR INC ........................................................... $206.00 054929 MILLER TRUCKING & LANDSCAPE ......................................... $288.00 054930 MN DEPT OF LABOR/INDUSTRY .......................................... $7,952.56 054931 NAPA OF CORCORAN INC ........................................................ $84.32 054932 NEW LOOK CONTRACTING INC ......................................... $33,612.46 054933 ODP BUSINESS SOLUTION LLC .............................................. $210.80 054934 OIL AIR PRODUCTS LLC .......................................................... $410.78 054935 OMANN BROTHERS PAVING INC ........................................ $1,351.80 054936 CITY OF ORONO ................................................................... $8,035.32 054937 PREMIUM WATERS INC ............................................................. $87.97 054938 SOLUTION BUILDERS INC .................................................... $5,020.60 054939 STREICHER'S ............................................................................. $80.98 054940 SUBURBAN TIRE WHOLESALE INC ........................................ $584.00 054941 TEGRETE CORP ....................................................................... $208.72 054942 TIMESAVER OFFSITE .............................................................. $497.75 054943 VALLEY PAVING ................................................................ $418,056.75 054944 WSB & ASSOCIATES INC.................................................... $88,324.25 Total Checks $1,063,654.94 ELECTRONIC PAYMENTS OCTOBER 3, 2023 – OCTOBER 17, 2023 007019E FARMERS STATE BANK OF HAMEL ......................................... $12.00 007020E FARMERS STATE BANK OF HAMEL ....................................... $170.00 007021E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 007022E PR PERA .............................................................................. $20,731.90 007023E PR FED/FICA ....................................................................... $20,717.13 007024E PR MN Deferred Comp ........................................................... $3,967.47 007025E PR STATE OF MINNESOTA .................................................. $4,620.78 007026E CITY OF MEDINA ........................................................................ $25.00 007027E FURTHER .............................................................................. $2,127.39 007028E CENTURYLINK.......................................................................... $251.28 007029E CULLIGAN-METRO ..................................................................... $38.70 007030E FRONTIER .................................................................................. $58.00 007031E FURTHER ................................................................................... $12.50 007032E MARCO (LEASE) .................................................................... $1,579.46 007033E PAYMENT SERVICE NETWORK INC .................................... $1,445.25 007034E XCEL ENERGY ...................................................................... $6,758.20 007035E FURTHER ................................................................................... $84.00 007036E FARMERS STATE BANK OF HAMEL ......................................... $12.00 Total Electronic Checks $63,611.06 PAYROLL DIRECT DEPOSITS OCTOBER 11, 2023 0513058 ALBERS, TODD M. .................................................................... $230.87 0513059 ALTENDORF, JENNIFER L. ................................................... $1,171.01 0513060 BARNHART, ERIN A. ............................................................. $3,019.12 0513061 BOECKER, KEVIN D. ............................................................. $3,427.32 0513062 CAVANAUGH, JOSEPH ............................................................ $230.87 0513063 CONVERSE, KEITH A. ........................................................... $2,361.14 0513064 DEMARS, LISA ....................................................................... $1,614.86 0513065 DESLAURIERS, DEAN .............................................................. $230.87 0513066 DION, DEBRA A. .................................................................... $2,198.98 0513067 ENDE, JOSEPH...................................................................... $2,237.49 0513068 FINKE, DUSTIN D. ................................................................. $3,122.31 0513069 GLEASON, JOHN M. .............................................................. $1,945.63 0513070 GREGORY, THOMAS ............................................................ $2,134.67 0513071 GROTH, BRENNA L ............................................................... $1,504.52 0513072 HALL, DAVID M. ..................................................................... $2,499.24 0513073 HANSON, JUSTIN .................................................................. $2,502.39 0513074 JOHNSON, SCOTT T. ............................................................ $2,784.01 0513075 KLAERS, ANNE M. ................................................................. $1,980.59 0513076 LEUER, GREGORY J. ............................................................ $2,435.37 0513077 MARTIN, KATHLEEN M ............................................................ $327.07 0513078 MCGILL, CHRISTOPHER R. .................................................. $1,631.79 0513079 MCKINLEY, JOSHUA D .......................................................... $2,207.57 0513080 MYHRE, JORDAN J ............................................................... $2,469.63 0513081 NELSON, JASON ................................................................... $3,044.15 0513082 RATKE, TREVOR J ................................................................ $2,120.42 0513083 REID, ROBIN ............................................................................. $230.87 0513084 REINKING, DEREK M ............................................................ $2,315.93 0513085 RUCKE, MARIA ...................................................................... $1,888.39 0513086 SCHEIBE, CONNIE L ............................................................. $1,612.06 0513087 SCHERER, STEVEN T. .......................................................... $2,730.26 0513088 VINCK, JOHN J ...................................................................... $2,016.68 0513089 VOGEL, NICHOLE .................................................................. $1,002.91 0513090 WALKER, CAITLYN M. ........................................................... $2,056.30 0513091 WIESE, TANNER .................................................................... $1,885.75 0513092 BURSCH, JEFFREY ............................................................... $1,506.35 Total Payroll Direct Deposit $66,677.39