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Home My Public Portal About12.19.2023 City Council Meeting Packet Posted 12/15/2023 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, December 19, 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 November 30, 2023, Special City Council Meeting B. Minutes of the December 1, 2023, Special City Council Meeting C. Minutes of the December 5, 2023, Regular City Council Meeting V. CONSENT AGENDA A. Adopt Resolution Accepting Resignation of Planning Commissioner Beth Nielsen B. Adopt Resolution for Counting Write-In Votes for Local Elective Office C. Approve State of Minnesota Local Road Improvement Program Grant Agreement for Hackamore Road D. Adopt Resolution for Local Road Improvement Grant Agreement Terms and Conditions for Hackamore Road E. Approve Construction Cooperative Agreement with Hennepin County and City of Corcoran for Improvements at County Road 116 and Hackamore Road VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATION A. Resolution Recognizing Fire Chief Jeff Ruchti for 41 Years of Service to the Hamel Volunteer Fire Department as He Retires VIII. NEW BUSINESS A. Intensive Comprehensive Peace Officer Education and Training Program IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. CLOSED SESSION: Consideration of Land Acquisition at PID 0311823220004 Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(c) XIII. CLOSED SESSION: Consideration of Right-of-Way Easement Acquisition on Property Located at 1225 and 1245 Maplewood Drive Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(c) XIV. 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: December 14, 2023 DATE OF MEETING: December 19, 2023 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Resolution Accepting Resignation of Planning Commissioner Beth Nielsen – Beth Nielsen has resigned from his position on the Planning Commission effective December 31, 2023. Staff recommends approval of the resolution accepting Beth’s resignation. See attached resolution. B. Adopt Resolution for Counting Write-In Votes for Local Elective Office – Minnesota Statute 204B.09, subdivision 3 allows for the governing body of a statutory or home rule charter city to adopt a resolution governing the counting of write-in votes for local elective office. Since the write-in vote count process is overly time consuming, staff recommends adopting the resolution that requires candidates to file a written request to have their write-in votes individually recorded. This currently is the process for Federal, State, and County offices. Staff recommends approval. See attached resolution. C. Approve State of Minnesota Local Road Improvement Program Grant Agreement for Hackamore Road – City Engineer Jim Stremel has been working on the Minnesota Local Road Improvement Program (LRIP) grant agreement package for the Hackamore Rd project with MnDOT. The next step is to have this agreement approved by the City Council along with the resolution under item D. An additional $52,071.20 was received from the LRIP grant account over the original award of $700,000 for the Hackamore Road project. Staff recommends approval. See attached agreement. D. Resolution for Local Road Improvement Grant Agreement Terms and Conditions for Hackamore Road – City Engineer Jim Stremel has been working on the Minnesota Local Road Improvement Program (LRIP) grant agreement package for the Hackamore Rd project with MnDOT. The next step is to have the enclosed resolution approved. An additional $52,000 from the LRIP grant account for the Hackamore Road project. Staff recommends approval. 2 See attached resolution. E. Approve Construction Cooperative Agreement with Hennepin County and City of Corcoran for Improvements at County Road 116 and Hackamore Road – The agreement relates to Hennepin County’s contribution toward the cost of the Hackamore Road project at County Road 116. The City Attorneys of Corcoran and Medina have reviewed and suggested changes which are incorporated into the version in the packet for review. The cities are waiting for final confirmation from Hennepin County that the changes are acceptable, but the changes were not substantive. Staff would recommend approval of the document as presented, subject to minor changes requested by Hennepin County if approved by the City Attorney. See attached agreement. VII. PRESENTATION A. Resolution Recognizing Fire Chief Jeff Ruchti for 41 Years of Service to the Hamel Volunteer Fire Department as He Retires – Fire Chief Jeff Ruchti has contributed greatly to the City of Medina during his 41 years of service to the Hamel Volunteer Fire Department. Mayor Martin will read the resolution and honor Chief Ruchti for 41 years of service. See attached resolution. VIII. NEW BUSINESS A. Intensive Comprehensive Peace Officer Education and Training Program - The Intensive Comprehensive Peace Officer Education and Training Program (ICPOET) is a state grant program available to Minnesota law enforcement agencies to assist with hiring career transition candidates to become licensed peace officers. The grant allows for the reimbursement of up to $50,000 per candidate. The candidate must have an employment status such as a trainee/cadet with the agency for reimbursement. The candidate would then attend a ICPOET cohort program starting in October 2024 and ending in March 2025. If we apply and were to be awarded, we will then have to execute the grant agreement, start the recruitment process, identify candidates, do background checks, and hire as a trainee/cadet, and then register them for the ICPOET cohort. If we are awarded the grant and cannot find a candidate, then we can close the grant agreement with no negative effect to the city. Recommended Action: 1. Motion to authorize staff to apply for the ICPOET grant. 2. Consider allowing the Police Department to go beyond their authorized personnel strength of 12, to 13 if we have pending retirements in 2025. 3 X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, order check numbers 055093- 055158 for $462,300.71, EFT 007088E-007108E for $76,172.71, payroll EFT 0513190- 0513225 for $70,667.12. XII. CLOSED SESSION: Consideration of Land Acquisition at PID 0311823220004 Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(c) XIII. CLOSED SESSION: Consideration of Right-of-Way Easement Acquisition on Property Located at 1225 and 1245 Maplewood Drive Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(c) Medina City Council Special Meeting Minutes November 30, 2023 DRAFT 1 MEDINA CITY COUNCIL SPECIAL SESSION MEETING MINUTES OF 2 NOVEMBER 30, 2023 3 4 The City Council of Medina, Minnesota met in special session on November 30, 2023, at 5:00 5 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. 6 7 I. Call to Order 8 9 Members present: Martin (virtual attendance), Albers, Cavanaugh, DesLauriers 10 Members absent: Reid 11 Also present: City Administrator Scott Johnson, City Clerk/Assistant to the City 12 Administrator Caitlyn Walker, Finance Director Erin Barnhart, Planning Director Dusty Finke, 13 City Attorney Dave Anderson 14 15 II. Motion to Delegate Duties to Preside Over the Meeting to Council Member Albers 16 Moved by Cavanaugh, seconded by DesLauriers, to delegate duties to preside over the meeting 17 to Council Member Albers. 18 A roll call vote was performed: 19 Cavanaugh aye 20 DesLauriers aye 21 Martin aye 22 Albers aye 23 24 Motion passed unanimously. 25 26 III. Land Acquisition 27 A. Consider adoption of resolution approving resolution approving purchase 28 agreement for land acquisition (Hennepin County PID 041182311002) 29 City administrator Johnson provided an update that staff participated in the online land auction 30 for property at PID 041182311002 and PID 0411823140004 that occurred on November 30, 31 2023. The City had the highest bid for PID 041182311002. He explained the purchase agreement 32 presented to the City Council for approval has been reviewed by City Attorney Anderson. 33 34 Johnson invited Planning Director Finke to provide more detail on the bidding process that 35 occurred. Finked shared that the purchase price is $1,017,146.00 and the land is designated as 36 future development area and zoned rural residential urban reserve. 37 38 Moved by Cavanaugh, seconded by DesLauriers, to adopt resolution approving purchase 39 agreement for land acquisition at Hennepin County PID 041182311002. 40 A roll call vote was performed: 41 Medina City Council Special Meeting Minutes November 30, 2023 Cavanaugh aye 1 DesLauriers aye 2 Martin aye 3 Albers aye 4 5 Motion passed unanimously. 6 B. Consider adoption of resolution approving resolution approving purchase 7 agreement for land acquisition (Hennepin County PID 0411823140004). 8 9 Anderson explained due to the conversations staff would like to have with the council, staff is 10 recommending a motion to go into closed session pursuant to Minn. Stat. 13D.05, subd. 3(c). to 11 consider making an offer to purchase Hennepin County PID 0411823140004. 12 13 Moved by Albers, seconded by Cavanaugh, to adjourn the meeting to closed session at 5:06 PM 14 pursuant to Minn. Stat. 13D.05, subd. 3(c). to consider making an offer to purchase Hennepin 15 County PID 0411823140004. 16 A roll call vote was performed: 17 Cavanaugh aye 18 DesLauriers aye 19 Martin aye 20 Albers aye 21 22 Motion passed unanimously. 23 The meeting returned to open session at 5:41 PM. 24 25 C. Consider adoption of resolution authorizing interfund loan for above land 26 acquisition(s). 27 28 Johnson stated staff will bring this resolution back for consideration at the December 5th, 2023, 29 regular City Council meeting. 30 31 IV. Adjourn 32 Moved by DesLauriers seconded by Cavanaugh, to adjourn the meeting at 5:42 p.m. A roll call 33 vote was performed: 34 Cavanaugh aye 35 DesLauriers aye 36 Martin aye 37 Albers aye 38 39 Motion passed unanimously. 40 41 Medina City Council Special Meeting Minutes November 30, 2023 1 _________________________ 2 Kathleen Martin, Mayor 3 Attest: 4 5 6 ____________________________ 7 _________________________ 8 Caitlyn Walker, City Clerk 9 10 11 Medina City Council Special Meeting Minutes December 1, 2023 DRAFT 1 MEDINA CITY COUNCIL SPECIAL SESSION MEETING MINUTES OF 2 DECEMBER 1, 2023 3 4 The City Council of Medina, Minnesota met in special session on December 1, 2023, at 5:07 5 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. 6 7 I. Call to Order 8 9 Members present: Martin (virtual attendance), Albers, Cavanaugh, DesLauriers, Reid 10 Members absent: None 11 Also present: City Administrator Scott Johnson, Finance Director Erin Barnhart, 12 Planning Director Dusty Finke, City Attorney Dave Anderson 13 14 II. Motion to Delegate Duties to Preside Over the Meeting to Council Member Albers 15 Moved by Reid, seconded by Cavanaugh, to delegate duties to preside over the meeting to 16 Council Member Albers. 17 A roll call vote was performed: 18 Cavanaugh aye 19 Reid aye 20 DesLauriers aye 21 Martin aye 22 Albers aye 23 24 Motion passed unanimously. 25 26 III. Land Acquisition 27 A. Consider adoption of resolution approving resolution approving purchase 28 agreement for land acquisition (Hennepin County PID 041182311002) 29 Councilmember Albers explained action was taken on this item at the November 30, 2023, 30 Special Meeting. City Administrator Johnson provided an update that Mayor Martin and Johnson 31 signed off on the purchase agreement and are waiting on the signatures from the sellers. 32 33 B. Consider adoption of resolution approving resolution approving purchase 34 agreement for land acquisition (Hennepin County PID 0411823140004) 35 Johnson requested that council consider a motion to go into closed session to discuss this item. 36 City Attorney Andreson explained the closed session is pursuant to Minn. Stat. 13D.05, subd. 37 3(c). to consider making an offer to purchase Hennepin County PID 0411823140004. 38 39 Medina City Council Special Meeting Minutes December 1, 2023 Moved by Albers, seconded by Reid, to adjourn the meeting to closed session at 5:09 PM 1 pursuant to Minn. Stat. 13D.05, subd. 3(c). to consider making an offer to purchase Hennepin 2 County PID 0411823140004. 3 A roll call vote was performed: 4 Cavanaugh aye 5 Reid aye 6 DesLauriers aye 7 Martin aye 8 Albers aye 9 10 Motion passed unanimously. 11 The meeting returned to open session at 5:30 p.m. 12 Moved by Cavanaugh, seconded by DesLauriers, to recess the meeting. 13 A roll call vote was performed: 14 Cavanaugh aye 15 Reid aye 16 DesLauriers aye 17 Martin aye 18 Albers aye 19 20 Motion passed unanimously. 21 The meeting resumed at 5:44 p.m. 22 23 Moved by Martin, seconded by Albers, to adopt the resolution approving the purchase agreement 24 for the land located at Hennepin County PID 0411823140004 with changes to the purchase 25 agreement that was presented to Council ahead of tonight's meeting specifically that the City 26 would assume all Green Acres taxes and deferred special assessments on the property and a 27 purchase price for the price of $1,725,000.00. A roll call vote was performed: 28 Cavanaugh aye 29 Reid aye 30 DesLauriers aye 31 Martin aye 32 Albers aye 33 34 Motion passed unanimously. 35 36 C. Consider adoption of resolution authorizing interfund loan for above land 37 acquisition(s). 38 39 Medina City Council Special Meeting Minutes December 1, 2023 Moved by DesLauriers, seconded by Cavanaugh, adopting the resolution authorizing interfund 1 loan for the above land acquisitions in items A and B. 2 3 A roll call vote was performed: 4 Cavanaugh aye 5 Reid aye 6 DesLauriers aye 7 Martin aye 8 Albers aye 9 10 Motion passed unanimously. 11 12 IV. Adjourn 13 Moved by DesLauriers seconded by Albers, to adjourn the meeting at 5:55 p.m. A roll call vote 14 was performed: 15 Cavanaugh aye 16 Reid aye 17 DesLauriers aye 18 Martin aye 19 Albers aye 20 21 Motion passed unanimously. 22 23 _________________________ 24 Kathleen Martin, Mayor 25 Attest: 26 27 28 ____________________________ 29 _________________________ 30 Caitlyn Walker, City Clerk 31 32 33 Medina City Council Meeting Minutes December 5, 2023 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 5, 2023 3 4 The City Council of Medina, Minnesota met in regular session on December 5, 2023 at 5 7:00 p.m. in the City Hall Chambers. Councilmember Albers presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, Cavanaugh, DesLauriers, Martin (virtual attendance), and 10 Reid (arrived at 7: 13 p.m.). 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Attorney 15 Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City 16 Planning Director Dusty Finke, Public Works Director Steve Scherer, and Chief of Police 17 Jason Nelson. 18 19 II. MOTION TO DELEGATE DUTIES TO PRESIDE OVER THE MEETING TO 20 COUNCIL MEMBER ALBERS (7:00 p.m.) 21 Moved by Cavanaugh, seconded by DesLauriers, to delegate duties to preside over the 22 meeting to Council Member Albers. 23 24 A roll call vote was performed: 25 26 Cavanaugh aye 27 DesLauriers aye 28 Martin aye 29 Albers aye 30 31 Motion passed unanimously. 32 33 III. PLEDGE OF ALLEGIANCE (7:01 p.m.) 34 35 IV. ADDITIONS TO THE AGENDA (7:01 p.m.) 36 Johnson requested to add an Item, Consideration of Assignment and Assumption 37 Agreement with COR Trust Bank to Facilitate the City’s Purchase of Hennepin County 38 PID 04-118-23-14-0004. 39 40 Moved by DesLauriers, seconded by Albers, to approve the agenda as amended. 41 42 A roll call vote was performed: 43 44 Cavanaugh aye 45 DesLauriers aye 46 Martin aye 47 Albers aye 48 49 Motion passed unanimously. 50 51 Medina City Council Meeting Minutes December 5, 2023 2 V. APPROVAL OF MINUTES (7:02 p.m.) 1 2 A. Approval of the November 21, 2023 Regular City Council Meeting Minutes 3 Moved by Albers, seconded by DesLauriers, to approve the November 21, 2023 regular 4 City Council meeting minutes as presented. 5 6 A roll call vote was performed: 7 8 Cavanaugh aye 9 DesLauriers aye 10 Martin aye 11 Albers aye 12 13 Motion passed unanimously. 14 15 VI. CONSENT AGENDA (7:03 p.m.) 16 17 A. Approve 2024 Tobacco License Renewals 18 B. Approve Personnel Policy 8.95 Severe Weather 19 C. Approve Resolution Accepting Donation from Steve Lundell 20 D. Authorize Recruitment for Temporary Election Assistants 21 E. Approve Brush Grinding and Compost Removal Services Agreement with 22 Minnesota Topsoil 23 Johnson stated that staff is requesting to pull Item B from the Consent Agenda. 24 25 Moved by DesLauriers, seconded by Cavanaugh, to approve the consent agenda as 26 amended. 27 28 Further discussion: Albers thanked Steve Lundell for his generous contribution, noting 29 that his son and many other children enjoyed the Cops and Bobbers event. 30 31 A roll call vote was performed: 32 33 Cavanaugh aye 34 DesLauriers aye 35 Martin aye 36 Albers aye 37 38 Motion passed unanimously. 39 40 B. Approve Personnel Policy 8.95 Severe Weather 41 Johnson stated that Martin had some questions on the policy and staff worked with 42 Anderson to update the policy. He stated that updated copies were provided to the 43 Council and thanked Martin for her contributions. 44 45 Moved by Albers, seconded by DesLauriers, to approve Personnel Policy 8.95 Severe 46 Weather as amended and presented to the Council tonight. 47 48 A roll call vote was performed: 49 50 Cavanaugh aye 51 Medina City Council Meeting Minutes December 5, 2023 3 DesLauriers aye 1 Martin aye 2 Albers aye 3 4 Motion passed unanimously. 5 6 VII. COMMENTS (7:06 p.m.) 7 8 A. Comments from Citizens on Items not on the Agenda 9 There were none. 10 11 B. Park Commission 12 Scherer reported that they are between seasons and have been working to potentially 13 plant trees at Hunter Park. 14 15 DesLauriers commented on the difference in costs between the bids for brush grinding. 16 He asked if Minnesota Topsoil was used last year. 17 18 Scherer confirmed that the City did use that contractor for the previous year. 19 20 C. Planning Commission 21 Finke reported that the Planning Commission will not be holding a meeting in December 22 as the applicant has requested that the review be delayed. 23 24 Albers asked if the vacant positions on the Commission have been advertised. 25 26 Finke stated that there are three terms expiring and a resignation was also received. He 27 believed there would be interest from those with expiring terms to continue but noted 28 that there would be at least one vacancy that has recently been advertised. 29 30 VIII. PRESENTATIONS (7:10 p.m.) 31 32 A. Resolution Recognizing Police Officer Keith Converse for 20 Years of 33 Service 34 Albers read the draft resolution recognizing Police Officer Keith Converse for 20 years of 35 service. 36 37 Nelson commented that Converse has filled his role better than could have ever been 38 expected and appreciates his service to the community. He commented that Converse 39 is one of the most reliable officers in the department and has great communication skills. 40 He stated that he is glad to have him in the department and hopes he stays for many 41 more years. 42 43 Reid arrived. 44 45 Moved by Albers, seconded by Cavanaugh, to Adopt the Resolution Recognizing Police 46 Officer Keither Converse for 20 Years of Service. 47 48 A roll call vote was performed: 49 50 Cavanaugh aye 51 Medina City Council Meeting Minutes December 5, 2023 4 Reid aye 1 DesLauriers aye 2 Martin aye 3 Albers aye 4 5 Motion passed unanimously. 6 7 IX. NEW BUSINESS 8 9 A. 2024 Budget (7:15 p.m.) 10 1. Budget and Tax Levy Presentation – Public Comment 11 Johnson stated that staff is recommending a decrease of about $35,000 to the property 12 tax levy. 13 14 Barnhart stated that the preliminary budget and levy were adopted in September and 15 staff is now proposing a decrease to those amounts due to savings in health insurance 16 plan coverage costs. She stated that when comparing 2023 to 2024 there will be a tax 17 rate decrease. She provided additional details on the general fund expenditures and 18 information on the property tax levy. She reviewed tax levy comparison information and 19 provided more information on utility rate increases. She stated that the City has a five-20 year Capital Improvement Plan and highlighted some of the equipment purchases and 21 road projects planned for 2024. 22 23 DesLauriers asked for details on the amount of State aid previously received for fire 24 services. 25 26 Barnhart replied that the last allocation was $50,000, explaining that was a direct in and 27 out and the City was simply a pass through. 28 29 DesLauriers asked if the West Suburban Fire District will now receive that directly or 30 whether that would be lost funding. 31 32 Barnhart replied that she was unsure but confirmed that staff could reach out to that 33 organization to advise them of the possible funding opportunity, if they were not already 34 aware. She highlighted some of the shared services Medina participates in with 35 neighboring communities to reduce costs. She also provided details on charitable 36 gambling funds, noting that will come forward for a future discussion. 37 38 Cavanaugh asked if the Council would be able to adopt a different number than 39 recommended. 40 41 Barnhart commented that the City could not increase the amount adopted as the 42 preliminary budget and levy but could reduce those numbers. She stated that the levy 43 could be decreased by $35,000 as recommended or those funds could be allocated to 44 something else. 45 46 Cavanaugh commented that he was thinking of allocating those funds towards the 47 recent property purchase. 48 49 DesLauriers noted that would be a drop in the bucket compared to the cost. 50 51 Medina City Council Meeting Minutes December 5, 2023 5 Cavanaugh asked for more information on the healthcare coverage. 1 2 Barnhart stated that for the first time, employees were allowed to deny healthcare 3 coverage if they could prove that they have coverage through a spouse. She 4 commented that some employees chose to decline coverage for their spouses and 5 dependents through the City since the spouse’s employer offered better healthcare 6 coverage. 7 8 Cavanaugh asked if employees are offered an incentive for opting out of the City 9 coverage. 10 11 Johnson stated that staff has considered such an option and that will be part of 12 continued discussions. He stated that at this time there was no incentive for opting out 13 of the City coverage. 14 15 Cavanaugh asked that be added to the list of Council goals for 2024. 16 17 2. Resolution Approving 2024 Final Tax Levy 18 Moved by DesLauriers, seconded by Cavanaugh, to Adopt Resolution Approving the 19 2024 Final Tax Levy. 20 21 Further discussion: Anderson asked that the Council provide an opportunity for public 22 comment. 23 24 Albers opened the floor for any public comments. 25 26 Susan Seeland,470 Peavy Road, thanked the Council and staff for listening and hearing 27 the Deerhill community on its desire to have their trails paved. 28 29 Bruce Newman, 25 Hamel Road, commented on the letter he received from Hennepin 30 County relating to property taxes. He stated that he has had his home for 50 years but 31 recently lost his homestead tax status because his property was put into a limited 32 partnership. He asked if he would be able to reinstate the homestead classification for 33 his property. 34 35 Johnson suggested that Mr. Newman speak with the assessor about this issue. 36 37 A roll call vote was performed: 38 39 Cavanaugh aye 40 Reid aye 41 DesLauriers aye 42 Martin aye 43 Albers aye 44 45 Motion passed unanimously. 46 47 3. Resolution Approving 2024 Final Budget 48 Moved by DesLauriers, seconded by Cavanaugh, to Adopt Resolution Approving the 49 2024 Final Budget. 50 51 Medina City Council Meeting Minutes December 5, 2023 6 A roll call vote was performed: 1 2 Cavanaugh aye 3 Reid aye 4 DesLauriers aye 5 Martin aye 6 Albers aye 7 8 Motion passed unanimously. 9 10 B. Ordinance Adopting an Amended Fee Schedule (7:36 p.m.) 11 Johnson commented that Barnhart worked with the department heads to develop an 12 updated fee schedule for 2024. 13 14 Barnhart stated that there were some minor changes and a few additions, welcoming 15 any questions the Council may have. She noted that several fees within the Police 16 Department were not updated for many years and therefore Nelson consulted with other 17 communities to inform the proposed increases. 18 19 DesLauriers stated that he would like to see more information on the calculations for 20 Hamel Urban Services water and Independence Beach and Morningside connections. 21 He commented that he would just like to have the additional information and does not 22 need an immediate response. 23 24 Albers recognized that the fee event security was increased to $150 per hour, which 25 seems low. 26 27 Nelson commented that is very competitive with neighboring communities noting that 28 some cities are higher, and some are lower. He commented that the fee would cover 29 the costs for staffing. He provided some examples of when officers staff for different 30 events. He confirmed that an organization is charged for that time. 31 32 Albers asked if administrative time is also factored into that cost. 33 34 DesLauriers asked and received confirmation that this time would be overtime for an 35 officer. 36 37 Nelson commented that he is comfortable with the fee proposed. He commented that 38 the fee for a reserve officer also falls into the middle when comparing to other 39 communities. He commented that administrative time is very minimal. He noted that 40 often reserve time is often swapped between departments and there is no billing, 41 explaining that if the City assists with an event in another community that City will often 42 send assistance for a Medina event. 43 44 Albers opened the public hearing. 45 46 No comments. 47 48 Albers closed the public hearing. 49 50 1. Ordinance Adopting an Amended Fee Schedule for 2024 51 Medina City Council Meeting Minutes December 5, 2023 7 Moved by DesLauriers, seconded by Albers, to Adopt Ordinance Adopting an Amended 1 Fee Schedule for 2024. 2 3 A roll call vote was performed: 4 5 Cavanaugh aye 6 Reid aye 7 DesLauriers aye 8 Martin aye 9 Albers aye 10 11 Motion passed unanimously. 12 13 2. Resolution Authorizing Publication of Ordinance by Title and 14 Summary 15 Moved by DesLauriers, seconded by Cavanaugh, to Adopt Resolution Authorizing 16 Publication of Ordinance by Title and Summary. 17 18 A roll call vote was performed: 19 20 Cavanaugh aye 21 Reid aye 22 DesLauriers aye 23 Martin aye 24 Albers aye 25 26 Motion passed unanimously. 27 28 C. Ordinance Amendment – Nonconforming Uses and Structures (7:45 p.m.) 29 Johnson stated that updates were required to nonconforming uses and structures in 30 order to remain compliant. 31 32 Finke commented that these changes are in response to State Statute. He stated that 33 the Planning Commission discussed this topic in depth and reviewed the discretionary 34 items the Commission recommended to be included in the ordinance related to 35 expansion of nonconforming uses and structures. He stated that no input was received 36 at the public hearing held by the Commission and there was unanimous support for the 37 recommended action. 38 39 DesLauriers used a scenario in which a home is in a commercial zoning district, and 40 more than 50 percent is damaged in a fire. He asked if that could be rebuilt within 180 41 days. 42 43 Finke replied that replacement is allowed straight through permit, as long as there is not 44 expansion. 45 46 DesLauriers noted that sometimes it could be difficult to obtain a permit within 180 days 47 when waiting for an insurance check. 48 49 Medina City Council Meeting Minutes December 5, 2023 8 Anderson commented that the statute simply indicates that application for permit must 1 be submitted within 180 days and a resident can then wait to begin construction when 2 the funds are released from insurance. 3 4 1. Ordinance Amending Chapter 8 of the City Code Pertaining to 5 Nonconforming Uses and Structures 6 Moved by Albers, seconded by Reid, to Adopt the Ordinance Pertaining to 7 Nonconformity Uses and Structures. 8 9 A roll call vote was performed: 10 11 Cavanaugh aye 12 Reid aye 13 DesLauriers aye 14 Martin aye 15 Albers aye 16 17 Motion passed unanimously. 18 19 2. Resolution Authorizing Publication of Ordinance by Title and 20 Summary 21 Moved by DesLauriers, seconded by Reid, to Adopt the Resolution Authorizing 22 Publication of Ordinance by Title and Summary. 23 24 A roll call vote was performed: 25 26 Cavanaugh aye 27 Reid aye 28 DesLauriers aye 29 Martin aye 30 Albers aye 31 32 Motion passed unanimously. 33 34 D. Consideration of Assignment and Assumption Agreement with COR Trust 35 Bank to Facilitate the City’s Purchase of Hennepin County PID 04-118-23-36 14-0004 (7:56 p.m.) 37 Johnson stated that this agreement is for tract two, which the City submitted a purchase 38 agreement for last week. 39 40 Anderson stated that the City received this today and the Council approved a purchase 41 agreement for the southern Cates parcel late last week during a special meeting. He 42 stated that this document would allow the City to step into the shoes as the buyer. He 43 noted that it is a pretty straight forward document, but a few minor tweaks may be 44 necessary. He recommended that the Council approve the requested action so that the 45 City can facilitate the land transaction. 46 47 Moved by DesLauriers, seconded by Albers, to approve the Assignment and Assumption 48 Agreement between the City of Medina and COR Trust Bank as presented to Facilitate 49 the City’s Acquisition of Hennepin County PID 04-118-23-14-0004 pursuant to a 50 Medina City Council Meeting Minutes December 5, 2023 9 separate, previously approved purchase agreement, and subject to revisions and 1 corrections deemed necessary by the City Attorney. 2 3 A roll call vote was performed: 4 5 Cavanaugh aye 6 Reid aye 7 DesLauriers aye 8 Martin aye 9 Albers aye 10 11 Motion passed unanimously. 12 13 X. CITY ADMINISTRATOR REPORT (7:59 p.m.) 14 Johnson commented that there is a red banner popping up on emails and confirmed 15 consensus of the Council to change the filter system which will stop that banner from 16 popping up. 17 18 XI. MAYOR & CITY COUNCIL REPORTS (8:00 p.m.) 19 No comments. 20 21 XII. APPROVAL TO PAY THE BILLS (8:00 p.m.) 22 Moved by Cavanaugh, seconded by Reid, to approve the bills, order check numbers 23 055069-055092 for $127,976.73, EFT 007074E-007087E for $76,791.65, and payroll 24 EFT 0513158-0513189 for $68,676.30. 25 26 A roll call vote was performed: 27 28 Cavanaugh aye 29 Reid aye 30 DesLauriers aye 31 Martin aye 32 Albers aye 33 34 Motion passed unanimously. 35 36 XIII. ADJOURN 37 Moved by DesLauriers, seconded by Cavanaugh, to adjourn the meeting at 8:01 p.m. 38 39 A roll call vote was performed: 40 41 Cavanaugh aye 42 Reid aye 43 DesLauriers aye 44 Martin aye 45 Albers aye 46 47 Motion passed unanimously. 48 49 __________________________________ 50 Kathleen Martin, Mayor 51 Medina City Council Meeting Minutes December 5, 2023 10 Attest: 1 2 ____________________________________ 3 Caitlyn Walker, City Clerk 4 Resolution No. 2023-XX December 19, 2023 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION ACCEPTING RESIGNATION OF BETH NIELSEN FROM THE PLANNING COMMISSION WHEREAS, on January 1, 2019 the City Council appointed Beth Nielsen to the Planning Commission, with a term to expire on December 31, 2024; and WHEREAS, on October 8, 2023, Beth Nielsen submitted a letter of resignation from her position on the Planning Commission effective December 31, 2023. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that Beth Nielsen’s letter of resignation from the Planning Commission is hereby accepted. Dated: December 19, 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 #5A October 8, 2023 Dear Mr. Finke, Thank you so much for the opportunity to serve the City of Medina as a planning commissioner for these past 5 years. It is with great sadness that I regret to inform you that I will be leaving the Medina Planning Commission effective December 31, 2023. Sincerely, C_ 2 Beth C. Nielsen 2 Resolution No. 2023-XX December 19, 2023 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION FOR COUNTING WRITE-IN VOTES FOR LOCAL ELECTIVE OFFICE WHEREAS, Minnesota Statute 204B.09, subdivision 3 allows for the governing body of a statutory or home rule charter city to adopt a resolution governing the counting of write-in votes for local elective office. WHEREAS, the current write-in vote counting process is overly time consuming and unnecessary. Counting only registered write-in candidates aligns the write-in recording process with Federal, State and County offices. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city hereby requires candidates for city office to file a written request with the chief election official no later than the seventh day before the city election if the candidate wants to have the candidate’s write-in votes individually recorded. Dated: December 19, 2023 ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5B MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 1 CM State Aid LRIP Grant Agreement (Rev. April 2023) STATE OF MINNESOTA LOCAL ROAD IMPROVEMENT PROGRAM GRANT AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), and ("Grantee"): Public Entity (Grantee) name, address and contact person: _City of Medina_______________________ _2052 County Rd 24____________________ _Medina, MN 55340____________________ _____________________________________ Contact: _Scott Johnson, City Administrator_ RECITALS 1. Minnesota Statute § 174.52 authorizes the State to enter into this agreement. 2. General Funds were appropriated for the Local Road Improvement Program in Minnesota Laws 2021, First Special Session, Chapter 5, Article 1, Section 2, Subdivision 4(c)(2). 3. Grantee has been awarded Local Road Improvement (LRIP) Program funds under Minn. Stat. § 174.52. 4. Grantee represents that it is duly qualified and agrees to perform all services described in this agreement to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, Grantee agrees to minimize administrative costs as a condition of this agreement. AGREEMENT TERMS 1 Term of Agreement, Survival of Terms, and Incorporation of Exhibits Effective Date. This agreement will be effective on the date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5. As required by Minn.Stat.§16B.98 Subd. 7, no payments will be made to Grantee until this agreement is fully executed. Grantee must not begin work under this agreement until this agreement is fully executed and Grantee has been notified by the State’s Authorized Representative to begin the work. Expiration Date. This agreement will expire on December 31, 2028 or when all obligations have been satisfactorily fulfilled, whichever occurs first. 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: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 11. Workers Compensation; 12. Governing Law, Jurisdiction, and Venue; and 14. Data Disclosure. Exhibits. Exhibit A: Sources and Uses of Funds Schedule; Exhibit B: Grant Application; and Exhibit C: Grantee Resolution Approving Grant Agreement are attached and incorporated into this agreement. 2 Grantee’s Duties Grantee will conduct activities in accordance with its grant application, or in the case of legislatively selected projects, in accordance with the enabling session law, which is attached to this Agreement as Exhibit B. Grantee will comply with all required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). Asset Monitoring. If Grantee uses funds obtained by this agreement to acquire a capital asset, the Grantee is required to use that asset for a public purpose for the normal useful life of the asset. Grantee may not sell or change the purpose of use for the capital asset(s) obtained with grant funds under this agreement without the prior written consent of the State and an agreement executed and approved by the same parties who executed and approved this agreement, or their successors in office. 3 Time Grantee must comply with all the time requirements described in this agreement. In the performance of this grant agreement, time is of the essence. Agenda Item #5C MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 2 CM State Aid LRIP Grant Agreement (Rev. April 2023) 4 Consideration and Payment Consideration. The State will pay for all services performed by Grantee under this agreement as follows: 4.1.1 Compensation. Grantee will be reimbursed for actual, incurred costs that are eligible under Minn. Stat. § 174.52. Grantee shall use this grant solely to reimburse itself for expenditures it has already made to pay for the costs of one or more of the activities listed under section 2.1. 4.1.2 Sources and Uses of Funds. Grantee represents to State that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the total cost of the project and all of the funds that are available for the completion of the project. Grantee agrees that it will pay for any costs that are ineligible for reimbursement and for any amount by which the costs exceed State’s total obligation in section 4.1.3. Grantee will return to State any amount appropriated but not required. 4.1.3 Total Obligation. The total obligation of the State for all compensation and reimbursements to Grantee under this agreement will not exceed $752,071.20. Payment 4.2.1 Invoices. Grantee will submit state aid pay requests for reimbursements requested under this grant agreement. The State will promptly pay Grantee after Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. 4.2.2 All Invoices Subject to Audit. All invoices are subject to audit, at State’s discretion. 4.2.3 State’s Payment Requirements. State will promptly pay all valid obligations under this agreement as required by Minnesota Statutes §16A.124. State will make undisputed payments no later than 30 days after receiving Grantee’s invoices and progress reports for services performed. If an invoice is incorrect, defective or otherwise improper, State will notify Grantee within ten days of discovering the error. After State receives the corrected invoice, State will pay Grantee within 30 days of receipt of such invoice. 4.2.4 Grant Monitoring Visit and Financial Reconciliation. During the period of performance, the State will make at least annual monitoring visits and conduct annual financial reconciliations of Grantee’s expenditures. 4.2.4.1 The State’s Authorized Representative will notify Grantee’s Authorized Representative where and when any monitoring visit and financial reconciliation will take place, which State employees and/or contractors will participate, and which Grantee staff members should be present. Grantee will be provided with at least seven calendar days of notice prior to any monitoring visit or financial reconciliation. 4.2.4.2 Following a monitoring visit or financial reconciliation, Grantee will take timely and appropriate action on all deficiencies identified by State. 4.2.4.3 At least one monitoring visit and one financial reconciliation must be completed prior to final payment being made to Grantee. 4.2.5 Unexpended Funds. The Grantee must promptly return to the State at grant closeout any unexpended funds that have not been accounted for in a financial report submitted to the State. 4.2.6 Closeout. The State will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with grant funds will continue following grant closeout. Contracting and Bidding Requirements. If Grantee is a municipality as defined by Minn. Stat. § 471.345, subdivision 1, then Grantee shall comply with the requirements of Minn. Stat. § 471.345 for all procurement under this Agreement. 5 Conditions of Payment All services provided by Grantee under this agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representatives The State's Authorized Representative is: MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 3 CM State Aid LRIP Grant Agreement (Rev. April 2023) Marc Briese, Programs Engineer, MnDOT State Aid Office 395 John Ireland Boulevard, MS 500 St. Paul, MN 55155 Office: 651-366-3802 marc.briese@state.mn.us or his/her successor. State’s Authorized Representative has the responsibility to monitor Grantee’s performance and the authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. Grantee’s Authorized Representative is: Jim Stremel, City Engineer WSB LLC, 701 Xenia Ave S, Suite 300 Golden Valley, MN 55416 If Grantee’s Authorized Representative changes at any time during this agreement, Grantee will immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Agreement Complete Assignment. The Grantee may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. Amendments. Any amendments 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. Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or the State’s right to subsequently enforce it. Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 7.5 Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. 7.6 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or debarred from receiving federal or state awards. 8 Liability Grantee and State agree that each will be responsible for its own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of State is governed by the provisions of Minn. Stat. Sec. 3.736. If Grantee is a “municipality” as that term is used in Minn. Stat. Chapter 466, then the liability of Grantee is governed by the provisions of Chapter 466. Grantee’s liability hereunder shall not be limited to the extent of insurance carried by or provided by Grantee, or subject to any exclusion from coverage in any insurance policy. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of Grantee, or other party relevant to this grant agreement or transaction, are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. Grantee will take timely and appropriate action on all deficiencies identified by an audit. MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 4 CM State Aid LRIP Grant Agreement (Rev. April 2023) 10 Government Date Practices and Intellectual Property Rights Government Data Practices. Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either Grantee or the State. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13 Termination; Suspension Termination by the State. The State may terminate this agreement with or without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. Termination for Cause. The State may immediately terminate this grant agreement if the State finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that Grantee has been convicted of a criminal offense relating to a state grant agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Termination for Insufficient Funding. The State may immediately terminate this agreement if: 13.3.1 It does not obtain funding from the Minnesota Legislature; or 13.3.2 If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State will provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. Suspension. The State may immediately suspend this agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Grantee during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 14 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 15 Fund Use Prohibited. The Grantee will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 5 CM State Aid LRIP Grant Agreement (Rev. April 2023) material supplier. This restriction does not prevent the Grantee from utilizing these funds to pay any party who might be disqualified or debarred after the Grantee’s contract award on this Project. 16 Discrimination Prohibited by Minnesota Statutes §181.59. Grantee will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to grant contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 17 Limitation. Under this Agreement, the State is only responsible for receiving and disbursing funds. Nothing in this Agreement will be construed to make the State a principal, co-principal, partner, or joint venturer with respect to the Project(s) covered herein. The State may provide technical advice and assistance as requested by the Grantee, however, the Grantee will remain responsible for providing direction to its contractors and consultants and for administering its contracts with such entities. The Grantee’s consultants and contractors are not intended to be third party beneficiaries of this Agreement. 18 Additional Provisions Prevailing Wages. Grantee agrees to comply with all of the applicable provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the project. By agreeing to this provision, Grantee is not acknowledging or agreeing that the cited provisions apply to the project. E-Verification. Grantee agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order. Telecommunications Certification. If federal funds are included in Exhibit A, by signing this agreement Grantee certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), Grantee does not and will not use any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Grantee will include this certification as a flow down clause in any contract related to this agreement. Title VI/Non-discrimination Assurances. Grantee agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are included in Exhibit A, Grantee will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State may conduct a review of the Grantee’s compliance with this provision. The Grantee must cooperate with State throughout the review process by supplying all requested information and documentation to State, making Grantee staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by State. Use, Maintenance, Repair and Alterations. The Grantee shall not, without the written consent of the State and MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 6 CM State Aid LRIP Grant Agreement (Rev. April 2023) the Commissioner, (i) permit or allow the use of any of the property improved with these grant funds (the Real Property) for any purpose other than in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city street and for other uses customarily associated therewith, such as trails and utility corridors, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in section (i), (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Grantee fails to maintain the Real Property in accordance with this Section, the State may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Grantee irrevocably authorizes the State to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by the State shall be at its sole discretion, and nothing contained herein shall require the State to take any action or incur any expense and the State shall not be responsible, or liable to the Grantee or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by the State pursuant to this Section shall be due and payable on demand by the State and will bear interest from the date of payment by the State at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year. [The remainder of this page has intentionally been left blank.] MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 7 CM State Aid LRIP Grant Agreement (Rev. April 2023) GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title:___Mayor Date: By: Title: City Administrator Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance By: (with delegated authority) Title: State Aid Programs Manager Date: DEPARTMENT OF TRANSPORTATION CONTRACT MANAGEMENT By: Date: MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 8 CM State Aid LRIP Grant Agreement (Rev. April 2023) EXHIBIT A SOURCES AND USES OF FUNDS SCHEDULE SOURCES OF FUNDS USES OF FUNDS Entity Supplying Funds Amount Expenses Amount State Funds: Items Paid for with LRIP LRIP General Fund Grant $ 752,071.20 General Fund Grant SAAS Acct 361 Funds: Other: Roadway/Trail Impr. $ 752,071.20 ________________ $___________ $___________ ________________ $___________ ________________ $___________ Subtotal $ 752,071.20 Subtotal $ 752,071.20 Public Entity Funds: Items paid for with Non- Matching Funds LRIP General Fund Local Match, $ 4,693,373.80 Grant Funds: Roadway Impr. $ 3,004,628.70 $_____ _____ Trail Improvements $ 263,306.20 Other: Storm Sewer Impr. $ 723,502.40 $___ _______ Signal Improvements $ 701,936.50 $________ __ Subtotal $ 4,693,373.80 Subtotal $ 4,693,373.80 TOTAL FUNDS $ 5,445,445.00 = TOTAL PROJECT COSTS $ 5,445,445.00 MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 9 CM State Aid LRIP Grant Agreement (Rev. April 2023) EXHIBIT B GRANT APPLICATION Attach the grant application for the project Local Road Improvement Program 2020 Application Form State Aid for Local Transportation Page 1 of 6 A. Applicant Information 1. Name (First & Last):2. Phone Number: 3. E-mail:4. Agency Type: 5. Agency Name: 6. Street Address: 7. City:8. State: MN 9. Zip Code: 10.Sponsoring County and County Engineer name (required if applicant is small city or township) B. Project Location 1. MnDOT District:2. County: 3. City:4. Township: 5. Name of Road:6. Type of Road: 7. Road Authority Type (which agency owns and has jurisdiction of the road): 8. Project Termini: From 9. To: C. Project Description 1. Type of Project. 2. Select the LRIP Account requested for funding. 3.Provide a summary of the proposed project and the transportation deficiencies that will be eliminated, including a description of operational and general safety benefits of the project. Projects seeking funding from the Rural Road Safety Account will need to provide a more detailed description of safety issues and benefits under Section D3. Local Road Improvement Program 2020 Application Form State Aid for Local Transportation Page 2 of 6 D. LRIP Account Considerations and Eligibility D1. Trunk Highway Corridor Account Considerations and Eligibility 1.Describe the state trunk highway project and how the local road(s) will be impacted by the trunk highway project. Funds from this account are for local road improvements impacted by trunk highway projects where local agencies have cost responsibility. It is not intended to be used for improvements or projects on the trunk highway or within the trunk highway corridor right of way that require local cost sharing per MnDOT’s Cost Participation Policy. D2. Routes of Regional Significance Account Considerations and Eligibility 1.For Routes of Regional Significance projects, which of the following criteria does your project meet (select all that apply)? Farm to Market route Part of an economic development plan Provides capacity or congestion relief to a parallel trunk highway system or county road Part of a 10-ton route network Connect to regional tourist destination Is a connection to the regional system, trunk highway, or a county road 2.Describe the number of persons and potential multiple local agencies that will be positively impacted by the project and how they will benefit. Local Road Improvement Program 2020 Application Form State Aid for Local Transportation Page 3 of 6 D2. Routes of Regional Significance Account Considerations and Eligibility 3. Describe the project contribution to the local, regional or state economy, and economic development or redevelopment efforts. D3. Rural Road Safety Account Considerations and Eligibility (Only County State Aid Highways are eligible) 1. Is this project on a County State Aid Highway? 2. Is this project or components of this project identified in a County Road Safety Plan? 3.Identify the appropriate focus area that your project/safety strategy aligns with in the Minnesota Strategic Highway Safety Plan. Local Road Improvement Program 2020 Application Form State Aid for Local Transportation Page 4 of 6 D3. Rural Road Safety Account Considerations and Eligibility (Only County State Aid Highways are eligible) 4. Identify the type of crash or safety hazard this project is trying to address. Respond even if project is in a county safety plan or the Minnesota Strategic Highway Safety Plan. 5.Describe how this project improves safety, reduce traffic crashes, fatalities, injuries, and property damages. Respond even if project is in a county safety plan or the Minnesota Strategic Highway Safety Plan. Local Road Improvement Program 2020 Application Form State Aid for Local Transportation Page 5 of 6 E. Project Readiness and Ability to Maintain 1.Estimated Construction Year: 2.Are there railroad impacts (RR xing or RR tracks within 600’ of the project)? 3. What is the status of the engineering and design work on the project? 4. Has this project been selected for federal funding, and if so what year in the STIP? 5.Is right of way acquisition required? If so, describe the status of these efforts. 6. Describe the local agency’s ability to adequately provide for the safe operation and maintenance of the facility upon completion. F. Multimodal/Complete Streets Identify infrastructure improvements for non-motorized and/or transit users on this project. Local Road Improvement Program 2020 Application Form State Aid for Local Transportation Page 6 of 6 G. Estimated Project Cost Source of Funding 1. LRIP Request: 2. Federal Funds: 3. State Aid Funds: 4. Local/Other Funds: 5. MnDOT Trunk Highway Funds: 6. Total Project Cost: H. Attachments At least one project location map with routes and project termini labeled Engineer’s Estimate with an itemized breakdown Project schedule Local agency resolution Resolution of support from sponsoring county agreeing to be sponsor and agreeing to perform sponsor tasks as identified above in section “Project Selection” (required for applications by townships and cities under 5,000 population) Other letters of concurrence or support When you are ready to submit the application, save the application form with LRIP, agency and road in the name of the document; e.g. LRIP_RamseyCounty_CSAH30.pdf. The application and attachments are due by 4:00 p.m. on March 3, 2021. Applications and attachments should be submitted electronically to saltirhelp.dot@state.mn.us. Please limit the file size transmitted via email to no more than 10 MB. State Aid will send a reply acknowledging receipt of the application. If you haven’t received a reply from State Aid within a few days of submittal, send an email to saltirhelp.dot@state.mn.us to inquire about the status of the application. More information is available at: • LRIP website at: http://www.dot.state.mn.us/stateaid/lrip.html. • PowerPoint on LRIP at: http://www.dot.state.mn.us/stateaid/training/lrip.pptx If you have questions regarding this solicitation, contact Marc Briese at 651-366-3802 or marc.briese@state.mn.us. MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 10 CM State Aid LRIP Grant Agreement (Rev. April 2023) EXHIIT C GRANTEE RESOLUTION APPROVING GRANT AGREEMENT MnDOT Agreement No. 1055542 SP or SAP No. 250-103-002 11 CM State Aid LRIP Grant Agreement (Rev. April 2023) Member ___________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. _______ EXHIBIT C FOR LOCAL ROAD IMPROVEMENT PROGRAM GRANT AGREEMENT GRANT TERMS AND CONDITIONS SAP 250-103-002 WHEREAS, the City of Medina has applied to the Commissioner of Transportation for a grant from the Local Road Improvement Fund; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $752,071.20 by reason of the lowest responsible bid; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. The City of Medina does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds the estimate and will return to the Local Road Improvement Fund any amount appropriated for the project but not required. 2. The City Council hereby authorizes the Mayor and City Administrator to execute a grant agreement on behalf of the City of Medina and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Adopted by the Council on December 19, 2023. By: _______________________ Kathleen Martin, Mayor Attest: By: ___________________________ 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. Resolution No. ________ December 19, 2023 Member ___________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. _______ EXHIBIT C FOR LOCAL ROAD IMPROVEMENT PROGRAM GRANT AGREEMENT GRANT TERMS AND CONDITIONS SAP 250-103-002 WHEREAS, the City of Medina has applied to the Commissioner of Transportation for a grant from the Local Road Improvement Fund; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $752,071.20 by reason of the lowest responsible bid; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. The City of Medina does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds the estimate and will return to the Local Road Improvement Fund any amount appropriated for the project but not required. 2. The City Council hereby authorizes the Mayor and City Administrator to execute a grant agreement on behalf of the City of Medina and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Dated December 19, 2023. By: _______________________ Kathleen Martin, Mayor Attest: By: ___________________________ 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: Agenda Item #5D Resolution No. ________ December 19, 2023 2 And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agreement No. PW 16-25-23 County Project No. 2183552 County Road (CR) 116 City of Corcoran City of Medina County of Hennepin 1 ___ ME230-788-904491.v1 CONSTRUCTION COOPERATIVE AGREEMENT This Agreement is made between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “County”, the City of Corcoran, a Minnesota home-rule charter city under the laws of the State of Minnesota, hereinafter referred to as “Corcoran”, and the City of Medina a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as “Medina”. Corcoran and Medina together are referred to as the “Cities” or the “City”. The County and the Cities collectively are referred to as the “Parties”. Recitals The following Recitals are incorporated into this Agreement. 1. The Cities, in partnership with the County, desire to replace a traffic signal system and upgrade pedestrian ramps at the intersection of County Road (CR) 116 (Pinto Drive) and Hackamore Road, and construct a multi-use trail and other identified improvements within the corporate limits of the Cities as part of the Cities’ Hackamore Road Improvement Project, as shown in plans for Corcoran’s Project No. S.A.P. 215-119-001, Medina’s Project No. S.A.P. 250-103- 002, under County Project (CP) No. 2183552 as further illustrated in Exhibit D (Project Plan Title Sheet), and which shall hereinafter be referred to as the “Project”. 2. The Parties have agreed to enter into this Agreement to memorialize the partnership and to outline each party’s ownership and financial responsibilities, maintenance responsibilities, and associated costs for the Project. 3. Medina shall be the lead agency in Project design, engineering, and construction administration, and shall be responsible for acquiring all governmental agency permits needed for the Project. 4. The Medina City Engineer has prepared an Engineer’s Estimate of quantities and unit prices for the above described Project, and a copy of the Engineer’s Estimate and an estimated Division of Cost Summary, marked Exhibit A, is attached hereto. 5. The County has indicated its willingness to cost participate in the Project as detailed herein. 6. The Cities previously entered into a Joint Powers Agreement for cost participation (the “Joint Powers Agreement” or the “JPA”) and Corcoran will participate in the Project construction costs via the Joint Powers Agreement. Agenda Item #5E Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 2 ___ ME230-788-904491.v1 7. The Project will be carried out by the Parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59. Agreement NOW, THEREFORE, the Parties agree as follows: 1. Term of Agreement, Survival of Terms, and Exhibits. Effective Date. This Agreement is effective as of the date of the final signature. Expiration Date. This Agreement will expire after the date in which all obligations have been satisfactorily fulfilled. Survival of Terms. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: Maintenance Responsibilities, Records/Audits, Indemnification, Insurance, Worker Compensation Claims, Cancellation, Termination, and Minnesota Laws Govern. Exhibits. All exhibits are attached and incorporated into this Agreement. 1.4.1 Exhibit A (Division of Cost Summary) 1.4.2 Exhibit B (MnDOT ADA Compliance Checklist (Curb Ramp) and Accessibility Pedestrian Signal (APS) forms) 1.4.3 Exhibit C (Drainage Ownership and Maintenance Responsibilities) 1.4.4 Exhibit D (Project Plan Title Sheet) 2. Project Construction. Contract Award and Administration. Medina or its agents shall prepare the necessary Project plans, specifications, and proposal; obtain approval of the plans and specifications from MnDOT, the County, and Corcoran; advertise for bids for the work and construction; receive and open bids pursuant to the advertisement; enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and perform the required engineering and inspection; all in accordance with the plans and specifications set forth below. Plans and Specifications. 2.2.1 Design Work. All design work performed by Medina or its agents for the Project shall be prepared and certified by a Professional Engineer licensed in the State of Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 3 ___ ME230-788-904491.v1 Minnesota. All designs which affect County facilities shall conform to the Minnesota Department of Transportation (MnDOT) Design Standards applicable to County State Aid Highways and to the requirements of the Americans with Disabilities Act (ADA) standards, and be approved by the County Engineer prior to construction. Attached as Exhibit B is a copy of the MnDOT ADA Compliance Checklist (Curb Ramp) and APS forms. Medina or its agents shall complete the forms for each curb ramp constructed and APS installed as part of the Project and submit the forms by using the County’s “Asset Management” site, which requires registration to access. Medina understands and agrees that the payment as stated in Subsection 4.5 will be withheld until all required ADA curb ramp and APS certification forms have been received and verified by the County. Directions for obtaining access to the Asset Management site can be found at the following link, under the “ADA checklists for construction within county right-of-way” bar: (https://www.hennepin.us/residents/transportation/ada-transition-plan). 2.2.2 Plan Numbers (S.A.P#/ S.P.#). The plans and specifications for the Project are referenced and identified as S.A.P.# 215-119-001; S.A.P.# 250-103-002, and shall be approved by MnDOT prior to Project construction. 2.2.3 Request for Copies of Plans. At the request of the County, Medina or its agents shall furnish the County with any working copies of any plans, designs or reports at any time during the Project design process. Upon completion of the Project, Medina or its agents shall furnish the County with a complete set of as-built plans certified as to their accuracy by Medina’s City Engineer and shall be submitted to Public Works Transportation Project Delivery Design and Operations Asset Management Divisions. 2.2.4 Plan Review and Approval. Medina or its agents shall furnish the County Public Works Transportation Project Delivery Design Division with Project plans and specifications for review and approval as follows: electronic submittals at 60%, 90%, and 100%; comment response letter with 90% and 100% package; electronic copy of plans at 100% for County permit approval. Construction Supervision and Inspection. Medina or its agents will administer the construction contract, perform all necessary engineering, inspection, and testing of all the Project work. All work for the Project shall be completed in compliance with the MnDOT, the County, and Corcoran approved plans and specifications. The County Engineer or a designated representative shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with Medina Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. Plan Changes and Additional Construction. 2.4.1 Plan Changes. The County agrees that Medina or its agents may make changes in the plans or in the character of the Project construction that are reasonably necessary to cause the construction to be in all things performed and completed in a satisfactory manner, subject to the County’s rights under Subsection 2.4.2 Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 4 ___ ME230-788-904491.v1 and the limitations and restrictions on County cost participation provided in Section 3. 2.4.2 Review Proposed Changes. The County shall have the right to review any proposed changes to the plans and specifications as they relate to the County's cost participation prior to the work being performed, except in emergencies, and in those instances where the proposed changes necessitate a re-engineering of the design and/or specifications, Medina shall submit the re-engineered design and/or specifications to the County. The County Engineer or designated representative shall respond to Medina’s request for approval to authorize the issuance of any negotiated change orders or supplemental agreements prepared by Medina that affect the County's share of the construction cost within a reasonable time frame, subject to the limitations and restrictions on County cost participation provided in Section 3. Right of Way/Permit 2.5.1 Right of Way Acquisition. The Cities or their agents shall acquire all additional right of way, permits, easements, or other property rights required for the construction of the Project. Additionally, upon completion of the Project, the Cities agree to convey to the County all permanent right of way and easements acquired for the County highway included in this Project, at no cost to the County. 2.5.2 Access Rights and Permits. The County shall cooperate with the conveyance of any reasonable temporary access rights over the County right of way that may be required by Medina for the Project. The Parties understand that any such access rights must be necessary for completion of the Project and shall be subject to applicable County Board or County staff approval requirements; these access rights will be granted at no cost to Medina. Any and all County permits required for the Project shall be granted by the County at no cost or expense to Medina or its contractors. Medina shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. 2.5.3 Right of Way Costs. The County’s share in right of way cost required for complete construction of the Project is currently estimated to be $9,450 which is a part of the total County’s cost participation in the Project as listed in Section 3 below. Traffic Signal. 2.6.1 Electrical Power. Medina, at no cost to the County, shall: (1) install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the permanent traffic control signal systems and integral streetlights included in the Project; and (2) shall provide the electrical power for the operation of all permanent and temporary traffic control signal systems and integral traffic signal pole mounted luminaires installed as a part of the Project. Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 5 ___ ME230-788-904491.v1 2.6.2 Emergency Vehicle Preemption (EVP). The EVP Systems shall be managed and maintained by the County. The Cities shall report malfunctions of EVP systems to the County immediately after discovery of the malfunction. 2.6.3 Accessible Pedestrian Signal (APS). Medina will install APS push buttons and associated components, and integrate the components to the existing traffic signal system at the intersections as described in the construction plans. Street Lighting. Medina, at no cost to the County, shall provide the electrical energy for the operation of all streetlights installed as part of the Project. Asbestos. The Project may include the removal of asbestos containing electrical conduit. Only firms licensed to conduct asbestos abatement shall be used for the safe removal of asbestos containing electrical conduit with proper shipping manifest prepared and submitted to appropriate agency. The lead agency in the Project construction shall be responsible for the oversight of the removal of asbestos containing electrical conduit and compliance with the abovementioned specifications. Detours. The Project may require limited detouring of traffic onto the Cities’ streets. The Parties agree that there will be no compensation to the Cities for detours onto their respective streets required to construct the Project. 3. Cost Participation. The County and the Cities will participate in the construction costs for the Project as provided herein. County’s Total Cost Participation. The County’s cost participation in the Project shall be a total Not to Exceed (NTE) amount of $399,000 and shall be calculated based on only those portions of the Project construction cost identified in Exhibit A as the County’s shares (“County Cost Participation”). The County Cost Participation includes the Project design, construction, construction administration, right of way, and the County’s share of County Supplied Equipment estimated at $30,000 as further described in Section 5. Cities’ Total Cost Participation. The Parties understand and agree that the Cities’ cost participation in the Project shall be managed per the Joint Powers Agreement (“City Cost Participation”) and nothing contained herein amends or modifies the Joint Powers Agreement. 4. Payment. County Invoice. The County, subject to the provisions stipulated in this Agreement, agrees to pay the County Cost Participation as described herein. When to Invoice. Upon completion of the Project, Medina shall notify the County and submit an invoice for one hundred percent (100%) of the County Cost Participation for the Project under this Agreement. Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 6 ___ ME230-788-904491.v1 What to Include in the Invoice. The invoice shall include: date of invoice, invoice number, name of the County construction project manager (Mr. Josh Jansen, P.E.), project name, county project number (CP 2183552), contract number, and purchase order number. For the final invoice, Medina shall provide the County with the Final Distribution of Costs document, and provide the County with complete as built plans, prior to or concurrently with a request for payment. Where to Send Invoice. Invoices and supporting documentation should be sent by email to obf.internet@hennepin.us or by mail to: Hennepin County Accounts Payable, P.O. Box 1388, Minneapolis, MN 55440-1388. An electronic copy of all invoices and project documentation should also be submitted to transp.invoices@hennepin.us Approval and Payment. Upon approval and acceptance of the completed Project as well as all MnDOT ADA Compliance Checklist forms by the County Engineer or designated representative, and within forty-five (45) days of receipt of the invoice, the County shall reimburse Medina for its share of the costs for the Project under this Agreement. Corcoran Invoice. Corcoran, subject to the provisions stipulated in this Agreement and the Joint Powers Agreement, agrees to pay its share of the City Cost Participation as described herein. Such payments shall be made to Medina in accordance with the Joint Powers Agreement. 5. County Supplied Equipment. The County will provide County Supplied Equipment consisting of a new traffic control signal cabinet equipped with controller, new video detection equipment, and required accessories to be installed as a part of the Project. Cost of County Supplied Equipment. The Cities agree to reimburse the County for fifty percent (50%) of the County Supplied Equipment. For informational purposes only, the total estimated cost for the County Supplied Equipment is $60,000.00 and the Cities’ estimated share is $30,000. The Cities agree that this is an estimate and that the actual quantities of equipment, as determined by the County Engineer, shall govern in computing the total final costs to the Cities. The Cities will directly pay the County for the County Supplied Equipment cost rather than applying their share as a credit against the County Cost Participation. Notification to County’s Signal Shop. Medina or its agents shall notify the County’s Signal Shop Supervisor in writing a minimum of thirty (30) days prior to picking up the County Supplied Equipment. The County shall notify Medina when the County Supplied Equipment is ready to be picked up for field installation. It shall be the responsibility of Medina or its agents to pick up the County Supplied Equipment at the Hennepin County Department of Transportation, Public Works Facility in Medina, Minnesota and install the equipment on the Project. Invoice and Payment for County Supplied Equipment. Upon picking up of the County Supplied Equipment by Medina or its agents, the County will invoice Medina for the Cities’ 50% share of the cost of the County Supplied Equipment. Payment shall Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 7 ___ ME230-788-904491.v1 be made directly to the County, in the name of the Hennepin County Treasurer, for the full amount due stated on the invoice within forty five (45) days of receipt of the invoice. Medina agrees to include a copy of the receipt of payment for the County Supplied Equipment in the final invoicing documentation to be sent to the County as provided in Subsection 4.3. 6. The Cities’ Maintenance Responsibilities. The Cities, subject to the provisions stipulated by separate formal or informal agreements, will specifically divide up ownership and maintenance responsibilities of assets located within the boundaries of the Cities (the “Bordering Assets”). The Parties hereby understand and agree that for the sole purpose of ownership and maintenance responsibilities of the Bordering Assets, in this Agreement the Cities or “City” will be used to referred to Medina and Corcoran. Upon completion of the Project, the Cities shall provide the following year-round maintenance services at no cost to the County. Roadways. Maintenance of the segment of Hackamore Road constructed or reconstructed under the Project within the Cities’ corporate limits shall be the responsibility of the Cities subject to the terms of any maintenance agreements between the Cities. Maintenance includes, but is not limited to sweeping, debris removal, resurfacing and seal coating, and any other maintenance activities according to accepted Cities’ maintenance practices. Traffic Signal Components. Medina shall be responsible for providing electrical power to the signal systems as stated in Subsection 2.6.1 and replacing lamps on luminaire extensions, fuses and wires from lamps to the load side of the meter socket of traffic signal systems. Additionally, the Parties understand and agree that in the event that Medina chooses to paint the signal system in the future rather than the galvanized coating as initially installed, Medina shall be responsible for the signal system painting work or repainting thereafter at a set frequency to keep the components in good appearance and proper function without any cost to the County. The components include but are not limited to bases, poles, mast arms. Regular upkeep of painted surfaces helps improve visual appearance but is also required to prolong the useful life of the equipment. Time span between repainting should be no longer than once every 10 years. In the event that Medina fails to perform or request for the County’s assistance in performing these maintenance responsibilities, the County with its forces, at its sole discretion may perform these maintenance items and invoice Medina for the materials and services rendered, and Medina shall pay such invoices. Street Lighting. The County shall not own nor have any maintenance responsibilities for the streetlights installed as part of the Project within the Cities’ corporate limits. Sidewalks, Pedestrian Refuges, and Pedestrian Ramps. The Cities shall own and maintain sidewalks, pedestrian refuges, splitter islands, and pedestrian ramps constructed as part of the Project within the Cities’ corporate limits. Maintenance includes, but is not limited to, debris removal, patching, crack repair, and any other maintenance activities. Multi-use Trail/Bicycle Facility. The Cities shall own and maintain the newly Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 8 ___ ME230-788-904491.v1 constructed multi-use trail/bicycle facilities constructed as part of the Project within the Cities’ corporate limits. Maintenance includes, but is not limited to, trail surfacing, sweeping, and any other maintenance activities. City Road Pavement Striping and Crosswalk Markings. The Cities shall own and maintain all pavement striping and crosswalk markings for roadway users installed as a part of the Project on the segment of Hackamore Road constructed/reconstructed under the Project within the Cities’ corporate limits. Storm Sewers. The Cities shall own and maintain catch basins, manholes, and trunk lines serving areas beyond the County right of way constructed or reconstructed under the Project within the Cities’ corporate limits at no cost to the County. Maintenance includes but is not limited to repairs to structures, casting, and adjacent curb section repairs along with removal of sediments, vegetation, and ice. Storm sewers ownership and maintenance responsibilities are further illustrated in the attached Exhibit C. The Parties understand and agree that the term “City” used in the attached Exhibit C refers to both Medina and Corcoran. Landscaping. The Cities shall own and maintain all landscaping/streetscape installed as a part of the Project within the Cities’ corporate limits. 7. The County’s Maintenance Responsibilities. Upon completion of the Project, the County shall provide year-round maintenance at its sole cost as outlined below: Roadways. Maintenance of the segment of CR 116 reconstructed under the Project. Maintenance includes, but is not limited to, sweeping, debris removal, resurfacing and seal coating, and any other maintenance activities according to accepted County maintenance practices. Traffic Signal Components. The County shall thereafter retain ownership of and maintain and repair the traffic control signal system and its components at the expense of the County except for those items identified as Medina’s responsibilities above. Fiber Optic Communications Lines. The County shall own, maintain and repair all communication lines (primarily fiber optic lines) between the traffic signal, other infrastructure, and County’s traffic management center. Locates. Field locates of underground equipment may be required for construction projects or other reasons. Requests for locates are made and received via the Gopher State One Call system. The County shall be responsible for performing all locates, including furnishing all labor, materials, supplies, tools and other necessary items without cost to the City, for the following items: 7.4.1 Electrical service drop from source of power (wood pole or other transformer location) to traffic signal service cabinet. 7.4.2 Traffic signal wiring, conduit and related equipment. Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 9 ___ ME230-788-904491.v1 7.4.3 Fiber optic lines, conduit and related equipment. County Road Pavement Striping. The County shall thereafter maintain and repair all pavement striping for CR 116 installed as a part of the Project at the expense of the County. Storm Sewers. The County shall own and maintain culverts, catch basins and leads, manholes, trunk lines and all other components that serve only County right of way constructed or reconstructed under the Project at no cost to the Cities. Maintenance includes repairs to structures, casting, and adjacent curb section repairs along with removal of sediments, vegetation, and ice. Storm sewers ownership and maintenance responsibilities are further illustrated in the attached Exhibit C. 8. Authorized Representatives. In order to coordinate the services of the County with the activities of the Cities and vice versa so as to accomplish the purposes of this Agreement, the Hennepin County and the Cities’ Engineers or their designated representatives shall manage this Agreement on behalf of the County and the Cities. County of Hennepin: Carla Stueve County Highway Engineer Hennepin County Public Works 1600 Prairie Drive, Medina, MN 55340 Office: 612-596-0356 Carla.Stueve@hennepin.us City of Corcoran: Name: Jay Tobin Title: City Administrator 8200 County Road 116 Corcoran, MN 55340 Office Phone: 763-420-2288 Email: jtobin@corcoranmn.gov City of Medina: Name: Scott Johnson Title: City Administrator 2052 County Road 24, Medina, MN 55340 Office Phone: 763-473-8840 Email: scott.johnson@medinamn.gov 9. Assignment, Amendments, Default, Waiver, Agreement Complete, Cancellation or Termination. Assignment. The parties hereto shall not generally assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, without the prior written consent of the other parties. However, nothing in this section shall be construed to require a party to obtain consent to engage contractors on an individual task basis to Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 10 ___ ME230-788-904491.v1 complete the work contemplated in this Agreement. Amendments. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by all the Parties hereto. Default. If any party shall fail to perform any of the provisions of this Agreement or so fail to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the applicable party’s default is excused by the non- defaulting parties, the non-defaulting parties may, upon written notice, immediately cancel this Agreement in its entirety. Waiver. Any party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. Agreement Complete. The entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Cancellation or Termination. This Agreement may be terminated or cancelled by either party with or without cause upon thirty (30) day written notice. This Agreement shall be terminated or cancelled by either party upon a material breach by the other party. In the event of a termination or cancellation, the Parties will remain responsible for cost participation as provided in this Agreement for obligations incurred up through the effective date of the termination or cancellation, subject to any equitable adjustment that may be required to account for the effects of a breach. 10. Indemnification. Medina Indemnifies the County and Corcoran. Medina agrees to defend, indemnify and hold harmless the County and Corcoran, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of Medina or Medina’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of Medina to perform fully, in any respect, all obligations under this Agreement. Medina’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. Corcoran Indemnifies the County and Medina. Corcoran agrees to defend, indemnify and hold harmless the County and Medina, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of Corcoran or Corcoran’s consultant or Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 11 ___ ME230-788-904491.v1 sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of Corcoran to perform fully, in any respect, all obligations under this Agreement. Corcoran’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County Indemnifies the Cities. The County agrees to defend, indemnify and hold harmless the Cities, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the County or the County’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the County to perform fully, in any respect, all obligations under this Agreement. The County’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 11. Insurance. The Cities agree that any future contract let by the Cities for the performance of any of the work included hereunder shall include clauses that will: 1) Require the contractor to indemnify and hold the County, its commissioners, officers, agents and employees harmless from any liability, claim, demand, judgments, expenses, action or cause of action of any kind or character arising out of any act or omission of the contractor, its officers, employees, agents or subcontractors; 2) Require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the contractor to provide and maintain the following insurance so as to assure the performance of its indemnification and hold harmless obligation. Limits (1) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products - Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. (2) Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,500,000 Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 12 ___ ME230-788-904491.v1 (3) Workers’ Compensation and employer’s Liability: Workers’ Compensation: Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Employer’s Liability. Bodily injury by: Accident – Each Accident $500,000 Disease – Policy Limit $500,000 Disease - Each Employee $500,000 (4) Professional Liability – Per Claim and Aggregate: $2,000,000 The above listed Professional Liability insurance will not be required in any construction contract let by the Cities if the Cities’ contractors are not required to perform design engineering as part of the construction contract. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the Cities’ contractors to determine the need for and to procure additional insurance which may be needed in connection with the Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. 12. Worker Compensation Claims. Medina’s Employees. Any and all employees of Medina and all other persons engaged by Medina in the performance of any work or services required or provided for herein to be performed by Medina shall not be considered employees of the County and/or Corcoran, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County and/or Corcoran. Corcoran’s Employees. Any and all employees of Corcoran and all other persons engaged by Corcoran in the performance of any work or services required or provided for herein to be performed by Corcoran shall not be considered employees of the County and/or Medina, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 13 ___ ME230-788-904491.v1 herein shall in no way be the obligation or responsibility of the County and/or Medina. County’s Employees. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the Cities, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Cities. 13. Records/Audits. The Cities agree that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the Project and the accounting practices and procedures of the Cities which involve transactions relating to this Agreement. 14. Nondiscrimination. The provisions of Title VI of the Civil Rights Act of 1964, Minnesota Statute Section 181.59, and any other applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. 15. Counterparts/Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. 16. Minnesota Laws Govern. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. (This space left intentionally blank) Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 14 ___ ME230-788-904491.v1 IN TESTIMONY WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized officers and agree to be bound by the provisions herein set forth. CITY OF CORCORAN By: Mayor Date: By: City Administrator Date: CITY OF MEDINA By: Mayor Date: By: City Administrator Date: Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 15 ___ ME230-788-904491.v1 COUNTY OF HENNEPIN ATTEST: By: By:__________________________________ Deputy/Clerk of the County Board Chair of its County Board Date: Date: ________________________________ And: ________________________________ County Administrator Date: ________________________________ REVIEWED BY THE COUNTY ATTORNEY’S OFFICE: And:_________________________________ Assistant County Administrator, Public Works By: Date:________________________________ Assistant County Attorney Date: RECOMMENDED FOR APPROVAL By:_________________________________ County Highway Engineer Date:________________________________ REVIEWED: By: _______________________________ Sheri Selton RECOMMENDED FOR APPROVAL Date: By:_________________________________ Department Director, Transportation Operations Date:________________________________ Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 16 ___ ME230-788-904491.v1 EXHIBIT A Engineer’s Estimate and Division of Cost Summary Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 17 ___ ME230-788-904491.v1 Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 18 ___ ME230-788-904491.v1 Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 19 ___ ME230-788-904491.v1 Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 20 ___ ME230-788-904491.v1 Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 21 ___ ME230-788-904491.v1 Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 22 ___ ME230-788-904491.v1 Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 23 ___ ME230-788-904491.v1 EXHIBIT B Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 24 ___ ME230-788-904491.v1 EXHIBIT C Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 25 ___ ME230-788-904491.v1 Drainage Ownership and Maintenance Responsibilities Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 26 ___ ME230-788-904491.v1 Agreement No. PW 16-25-23 CR No. 116 (Pinto Drive); C.P. 2183552 27 ___ ME230-788-904491.v1 EXHIBIT D Project Plan Title Sheet Resolution No. 2023-XX December 19, 2023 Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RECOGNIZING CHIEF JEFF RUCHTI FOR 41 YEARS OF DEDICATED SERVICE TO THE HAMEL VOLUNTEER FIRE DEPARTMENT AS HE RETIRES WHEREAS, Jeff Ruchti, joined the Hamel Volunteer Fire Department in November 1982; and WHEREAS, Ruchti loyally has served the department for 41 years until his retirement in October 2023; and WHEREAS, Ruchti served on the Hamel Fire Building Committee, overseeing a new addition to the building in the 1980s; and WHEREAS, Ruchti has fought many barn fires, house fires and grass fires, and has assisted with more farming accidents, vehicle accidents, medical calls and other community needs than we can recount; and WHEREAS, Ruchti has been involved in all Hamel Fire truck purchases, and in the process has volunteered countless hours preparing and reviewing new vehicle specifications; and WHEREAS, Ruchti was appointed the gambling manager from 1997 to 2014; and WHEREAS, Ruchti was promoted to Lieutenant in 2005 and took on the responsibility of the departments Officer Core; and WHEREAS, Ruchti was promoted to Captain of Safety in 2013 and then promoted again in 2014 to Fire Chief; and WHEREAS, Ruchti as Fire Chief was instrumental in facilitating the merger between the Hamel and Loretto Volunteer Fire Departments creating a much stronger organization; and WHEREAS, Ruchti has devoted thousands of hours over the span of his career to the Hamel Volunteer Fire Department and in service to his community; and WHEREAS, the City of Medina expresses sincere gratitude for Ruchti’s dedication and more than 41 years of service to the Medina community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina acknowledges and thanks Jeff Ruchti for his volunteerism and community commitment and wishes Jeff Ruchti the best in his retirement. Agenda Item #7A Resolution No. 2023-XX December 19, 2023 2 Dated: December 19, 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: None Whereupon said resolution was declared duly passed and adopted. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: December 15, 2023 RE: Intensive Comprehensive Peace Officer Education and Training Program The Intensive Comprehensive Peace Officer Education and Training Program (ICPOET) is a state grant program available to Minnesota law enforcement agencies to assist with hiring career transition candidates to become licensed peace officers. The candidates must already have a two- or four-year college degree from a regionally accredited college/university. The request for proposal (RFP) for the program is anticipated to be opened for applications before December 31, 2023, and is anticipated to be closed by January 31, 2024. The grant allows for the reimbursement of up to $50,000 per candidate and agencies can apply for more than one candidate. The candidate must have an employment status such as a trainee/cadet with the agency for reimbursement. The candidate would then attend a ICPOET cohort program at either Alexandria Tech or Hennepin Technical College starting in October 2024 ending in March 2025. The allowable expenses for the reimbursement are salary, tuition, fringe benefits, and housing. The Program Administrator advised that she has heard the typical salary that agencies have used is $18-$25 per hour. The reimbursement is quarterly and quarterly progress reporting on the candidates’ training progress is required. If we apply and were to be awarded, we will then have to execute the grant agreement, start the recruitment process, identify candidates, background and hire as a trainee/cadet, and then register them for the ICPOET cohort. The candidate would then need to take the POST test after the cohort is completed. This would give us an approximate timeframe of March/April 2025 for the candidate to take the POST test and begin the in-house Field Training Program. If we are awarded the grant and cannot find a candidate, then we can close the grant agreement with no negative effect to the city. There will also be a second upcoming ICPOET grant at a later date. I am looking for approval from the Council to allow us to apply for the grant when the RFP comes out at the end of the year. Things to consider is that there is only $2.5 million allocated to this program from the state and we are not sure where we would qualify when everything is factored in. This is a program which only applies to candidates who already have a two- or four-year degree. Agenda Item #8A If we were awarded the grant, and if we were able to find a candidate, would the Council consider allowing our agency to go beyond our authorized personnel strength of 12 to 13 if we have pending retirements in 2025? This is something that several other area departments have been getting approval from their cities before applying. This makes sense due to the difficulties we are having in getting candidates right now, especially if we spend the time to create a program, go through a hiring process, train and mentor while the cadet is going to college. Planning Department Update Page 1 of 2 December 19, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: December 14, 2023 MEETING: December 19, 2023 City Council SUBJECT: Planning Department Updates Land Use Application Review A) 500 Hamel Road Apartment Site Plan Review – Medina Apartments LLC has requested review of a site plan review for development of an 89-unit apartment building at 500 Hamel Rd. The application is currently incomplete for review. The Planning Commission was scheduled to review at the December 12 meeting. The developer requested postponement of the hearing, and staff is waiting to hear back on the schedule. B) 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 a public hearing when complete. C) 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 November 21 meeting. Staff is working with the applicant to prepare the plat and development agreement for recording. The applicant intends to begin construction in the spring. 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 the 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) 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 spring of 2024. The applicant has indicated that building construction likely would not begin until the spring of 2024. G) 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. MEMORANDUM Planning Department Update Page 2 of 2 December 19, 2023 City Council Meeting H) 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. I) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting final plat application. Other Projects A) Building Permit software – staff has been taking part in training sessions in preparation of going live with the new building permit portal at the beginning of 2024. B) Maplewood/Morningside stormwater project – staff is meeting with the property owners on which the ravine/stormwater improvements are proposed to discuss acquisition of easements to allow for construction. Staff intends to discuss with Council in a closed session at the December 19 meeting. C) Land Trust presentation/Workshop – I attended a workshop with community land trusts in the metro area, including Homes within Reach, which is the land trust serving the Hennepin County area. The workshop discussed funding available to create/preserve owner-occupied affordable housing and how communities may partner with land trusts. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: December 14, 2023 RE: Department Updates On 12-14-2023 we assisted the City of Loretto with the Holiday Train. Due to the weather this ended up being very well attended. Initial estimates were thought to be between 2000-2500 people. This is a great event that is well organized, and we are glad to be a big part of it. On 12-14-2023 Sergeant Hall and Investigator Myhre participated in Shop with a Cop that is organized by the Rogers and Corcoran Police Departments. We have been part of this for the past several years and it is truly a blessing to help bring some of those who are less fortunate to Target to get gifts for their families. It is amazing to see how the kids think about not buying things for themselves but want to get things for their siblings, mothers, fathers, or grandparents. After shopping, everyone then goes back to the Rogers Community Center where there is a pizza party, and the gifts are professionally wrapped by volunteers. It is fun to see the smiles on the children’s faces when they are picked. Officer Tanner Wiese is in his final phase of Field Officer Training (FTO). What that means is that he is now in a squad car on his own with his FTO working the same shift and shadowing him around town and showing up on his traffic stops, calls, interactions, etc. This phase will run throughout the end of the year. After this he will then be off FTO and on his own. Sergeant Boecker is currently conducting a background investigation of a police officer candidate. This is to backfill for the new sergeant position that was created in July of this year. We have been unable to fill this position due to the lack of candidates. We are hopeful that we may have found a good candidate and will know more as the background progresses. I have several days to take off between now and the new year. Sergeants Boecker and Hall will be available in case anything is needed. They can always reach me in case of an emergency. I hope you all have happy holidays. Patrol: The following are updates of Patrol Officers between November 30th, 2023 and December 12th, 2023: Citations – 8 Warnings – 83 PD Accidents – 9 PI Accidents – Medicals – 13 Falls – 4 Suspicious Calls – 6 Traffic Complaints – 5 Other Agency Assists – 5 Business/Residential Alarm - 4 Welfare Checks - 5 Disturbance Calls - 2 On 11/30/2023 our office received reports from three separate theft incidents that had occurred at the Medina Target involving the same suspect. The reports were forwarded to Investigations for follow up. The suspect has already been identified and the incidents will be sent in for charging. On 12/02/2023 at 0133 hours officer was dispatched to a possible impaired driver about to leave from Inn Kahoots Bar. A bouncer at the bar reported an intoxicated customer was attempting to leave in a vehicle. Prior to police arriving the male was talked into leaving in a sober cab. On 12/02/2023 at 2255 hours officers were dispatched to an Apple iPhone crash detection in the area of the 2400 block of Pioneer Trail. Officer arriving in the area found debris in the roadway which led to an overturned vehicle off the roadway. The lone occupant was trapped inside the vehicle and West Suburban Fire was requested for extrication. The driver, an 18-year-old male, admitted to drinking earlier in the evening. The male was transported to the hospital after being extricated with serious injuries. Officers obtained a search warrant, and a blood sample was collected from the driver which was sent to the BCA for analysis. Charges pending the results of the blood test. On 12/03/2023 at 2154 hours officers were dispatched to a vehicle crash detection in the 500 block of County Road 24. While officers were en route a passerby also reported coming on scene of a single vehicle accident where the driver appeared to be impaired. Officers arrived on scene and determined that the driver was intoxicated. The driver had to be transported to the hospital for further evaluation. Officers obtained a search warrant for a blood sample which was later collected from the driver and sent to the BCA for analysis. Charges are pending the results of the blood test. On 12/08/2023 at 1015 hours officers assisted Wright County Sheriff’s Office with a warrant at 226 St. John Street in Loretto. Multiple pieces of construction equipment believed to be stolen were located and impounded. VIN plates had been removed on the equipment. Medina Investigator is attempting to confirm that the equipment is stolen. On 12/09/2023 at 2211 hours officers were dispatched to an overdose at the Medina Entertainment Center. Customer was reportedly overdosing on THC gummies that she had ingested. The patient was transported to the hospital by North Ambulance for further evaluation. On 12/11/2023 officer was dispatched to a business burglary in the 4700 block of County Road 19. Employees reported coming in to work on Monday and finding the building had been rummaged through and items missing, believed to have occurred sometime over the weekend. The case has been forwarded to investigations. On 12/11/2023 at 2149 hours officers were dispatched to a hold-up alarm at Caseys General Store, 762 Highway 55. Upon arrival, officers made contact with employees who were unaware that the alarm had been triggered. There was no problem in the store. Investigations: Signed complaints on several theft charges that were submitted. Wrote several subpoenas in theft and check forgery cases. Interviewed suspect at County Jail in domestic/CSC case. Closed CSC case. Received multiple theft reports with the same suspect. Identified suspect through Plymouth contact and submitted charges. Case was charged by the City Attorney. Sent out a crime alert for a gas station theft. Received a burglary report. Crime Lab processed scene and recovered DNA. Obtained photos of the suspect from multiple sources. Sent out a crime alert for ID of suspect. Called in to write a warrant in relation to a Wright County investigation. Recovered a trailer, excavator, and trencher. Confirmed the trencher was stolen. Trencher was returned to owner. Still working to identify owners for the trailer and excavator before submitting charges for possession of stolen property. Participated in Shop with a Cop event. Received a theft report from a business. Finished online training topics for the year. Investigations currently has 7 open/active cases. 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: December 14, 2023 MEETING: December 19, 2023 SUBJECT: Public Works Update Streets • To seek funding for projects, Staff provided State Representatives with information and projected costs for the water treatment plant expansion, Highway 55 water main relocation, and the Tamarack/Highway 55 intersection and pedestrian overpass. • The streets are in good shape. Public Works has been called-out a couple of times to treat ice conditions. • Road material preparations, including specification review is complete. We will launch the 2024 construction season by posting/mailing bid packets in January. Water/Sewer/Stormwater • Greg Leuer and I are working to complete the DNR required annual water withdrawal report. I anticipate with the addition of new homes, and after three years of drought conditions, our appropriation permit will need to increase. I will work with engineering consultants to complete this process. • We finally received a large shipment of radios to upgrade the metering system. Public Works will continue installation as weather and time permits. Parks/Trails • With the application period closing soon it appears the Park Commission representation will remain the same except for one Youth Commissioner. • Public Works started making snow on the Legion Park sliding hill to provide recreation for youth over their holiday break. Unfortunately, making ice in current weather conditions is impossible. Staff • My annual staff evaluations are now complete. As always, I work with my team to come up with suggestions and ideas that can help Public Works be more efficient and provide better service. MEMORANDUM ORDER CHECKS DECEMBER 5, 2023 – DECEMBER 19, 2023 055093 ADAMS PEST CONTROL INC .................................................. $107.72 055094 AIM ELECTRONICS INC ........................................................... $608.46 055095 ALTERNATIVE BUSINESS FURNITURE ............................... $1,468.66 055096 ASPEN MILLS INC .................................................................... $841.93 055097 BEAUDRY OIL & PROPANE .................................................. $2,189.94 055098 BLUE CROSS BLUE SHIELD OF MN ................................... $42,589.96 055099 CHARLES CUDD CO, LLC ................................................... $10,000.00 055100 CONTEMPORARY IMAGES ........................................................ $26.54 055101 CORE & MAIN LP ................................................................... $7,954.60 055102 DESIGNING NATURE, INC. ...................................................... $302.40 055103 EARL F ANDERSEN INC ....................................................... $3,645.65 055104 ECM PUBLISHERS INC ............................................................ $205.64 055105 EQUIFAX ....................................................................................... $7.51 055106 FAISAL, HAMZA ........................................................................ $500.00 055107 FERGERSON WATERWORKS #2158 ................................... $4,967.64 055108 GOPHER STATE ONE CALL .................................................... $278.10 055109 GREGERSON ROSOW JOHNSON NILAN ............................ $4,552.72 055110 GROUP HEALTH NON-PATIENT A/R ......................................... $75.00 055111 HAMEL LUMBER INC ................................................................ $459.27 055112 HAMEL LIONS CLUB ............................................................. $2,275.00 055113 HENN COUNTY TREASURER ............................................... $1,597.01 055114 HENN COUNTY INFO TECH .................................................. $2,442.07 055115 HENNEPIN COUNTY TREASURER ............................................ $25.00 055116 HERRERA, STEPHANIE/OSCAR .............................................. $119.96 055117 HIGHWAY 55 RENTAL .............................................................. $245.00 055118 ISC COMPANIES INC ............................................................... $210.64 055119 JIMMY'S JOHNNYS INC ............................................................ $130.00 055120 KD & COMPANY RECYCLING INC ........................................... $161.08 055121 KENNEDY & GRAVEN CHARTERED .................................. $12,640.98 055122 JOSEPH M KITTOK ................................................................... $770.00 055123 LAW ENFORCEMENT LABOR .................................................. $540.00 055124 LEAGUE OF MN CITIES INS.TRUST ..................................... $2,102.91 055125 US HOME CORP .................................................................. $50,000.00 055126 LEXISNEXIS RISK DATA MGMT INC .......................................... $38.50 055127 CITY OF MAPLE PLAIN ......................................................... $1,277.96 055128 MATHESON TRI-GAS INC .......................................................... $72.08 055129 MEDINA AUTO SERVICE INC .................................................. $315.96 055130 METROPOLITAN COUNCIL ................................................. $22,141.35 055131 MINNESOTA TOPSOIL ........................................................ $12,792.50 055132 MN DEPARTMENT OF HEALTH ................................................. $23.00 055133 MORAM, HIMABINDU ............................................................... $500.00 055134 NAPA OF CORCORAN INC ...................................................... $179.69 055135 NELSON ELECTRIC MOTOR REPAIR ................................ $51,090.00 055136 NORTH MEMORIAL .................................................................. $160.00 055137 ODP BUSINESS SOLUTION LLC .............................................. $552.64 055138 OPENGOV, INC.................................................................... $20,000.00 055139 OPG-3, INC ............................................................................ $7,470.00 055140 CITY OF ORONO ................................................................... $1,592.63 055141 PREMIUM WATERS INC ............................................................. $19.49 055142 PULTE GROUP .................................................................... $40,000.00 055143 RCM SPECIALTIES, INC. ....................................................... $3,975.00 055144 RUDIN, KAREN ...................................................................... $1,125.00 055145 RUSSELL SECURITY RESOURCE INC .................................... $188.50 055146 SCHMID, GAYLE ....................................................................... $250.00 055147 SOLUTION BUILDERS INC .................................................... $5,262.60 055148 STANDARD INSURANCE COMPANY .................................... $1,165.45 055149 STROMBECK, WENDY ............................................................. $161.98 055150 SWANSON HOMES ............................................................. $10,000.00 055151 TIMESAVER OFFSITE .............................................................. $318.00 055152 TITLESMART, INC ...................................................................... $36.58 055153 TRITECH SOFTWARE SYSTEMS ....................................... $11,069.04 055154 WESTERN ELECTRIC .............................................................. $325.00 055155 WESTSIDE WHOLESALE TIRE .................................................. $75.00 055156 WSB & ASSOCIATES INC.................................................. $113,950.85 055157 ZIEGLER INC ......................................................................... $1,880.52 055158 ZIERHUT, LYNDSEY ................................................................. $250.00 Total Checks $462,300.71 ELECTRONIC PAYMENTS DECEMBER 5, 2023 – DECEMBER 19, 2023 007088E FARMERS STATE BANK OF HAMEL ......................................... $10.00 007089E PR PERA .............................................................................. $22,173.28 007090E PR FED/FICA ....................................................................... $21,589.67 007091E PR MN Deferred Comp ........................................................... $3,842.47 007092E PR STATE OF MINNESOTA .................................................. $4,899.74 007093E CITY OF MEDINA ........................................................................ $26.00 007094E FURTHER .............................................................................. $2,227.39 007095E AFLAC ....................................................................................... $491.08 007096E CENTURYLINK.......................................................................... $278.48 007097E CIPHER LABORATORIES INC. .............................................. $5,569.24 007098E CULLIGAN-METRO ..................................................................... $38.70 007099E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 007100E FRONTIER .................................................................................. $58.00 007101E FURTHER ................................................................................. $315.76 007102E MARCO (LEASE) ....................................................................... $894.20 007103E MEDIACOM OF MN LLC ........................................................ $1,110.95 007104E PAYMENT SERVICE NETWORK INC .................................... $1,425.40 007105E VALVOLINE FLEET SERVICES .................................................. $28.88 007106E XCEL ENERGY ...................................................................... $4,595.38 007107E ELAN FINANCIAL SERVICE .................................................. $4,040.96 007108E PAYMENT SERVICE NETWORK INC .................................... $1,557.13 Total Electronic Checks $76,172.71 PAYROLL DIRECT DEPOSITS DECEMBER 6, 2023 0513190 METTAYER, STEPHEN A ......................................................... $943.70 0513191 ALBERS, TODD M. .................................................................... $230.87 0513192 ALTENDORF, JENNIFER L. ................................................... $1,171.01 0513193 BARNHART, ERIN A. ............................................................. $3,019.12 0513194 BOECKER, KEVIN D. ............................................................. $3,360.96 0513195 CAVANAUGH, JOSEPH ............................................................ $230.87 0513196 CONVERSE, KEITH A. ........................................................... $2,724.88 0513197 DEMARS, LISA ....................................................................... $1,614.86 0513198 DESLAURIERS, DEAN .............................................................. $230.87 0513199 DION, DEBRA A. .................................................................... $2,198.98 0513200 ENDE, JOSEPH...................................................................... $2,379.44 0513201 FINKE, DUSTIN D. ................................................................. $3,122.31 0513202 GLEASON, JOHN M. .............................................................. $2,423.69 0513203 GREGORY, THOMAS ............................................................ $2,500.64 0513204 GROTH, BRENNA L ............................................................... $1,504.52 0513205 HALL, DAVID M. ..................................................................... $2,979.14 0513206 HANSON, JUSTIN .................................................................. $2,411.62 0513207 JOHNSON, SCOTT T. ............................................................ $2,784.01 0513208 KLAERS, ANNE M. ................................................................. $1,750.78 0513209 LEUER, GREGORY J. ............................................................ $1,937.82 0513210 MARTIN, KATHLEEN M ............................................................ $327.07 0513211 MCGILL, CHRISTOPHER R. .................................................. $2,385.70 0513212 MCKINLEY, JOSHUA D .......................................................... $2,718.39 0513213 MYHRE, JORDAN J ............................................................... $2,469.63 0513214 NELSON, JASON ................................................................... $3,044.15 0513215 RATKE, TREVOR J ................................................................ $1,916.91 0513216 REID, ROBIN ............................................................................. $230.87 0513217 REINKING, DEREK M ............................................................ $2,254.06 0513218 RUCKE, MARIA ...................................................................... $1,888.39 0513219 SCHEIBE, CONNIE L ............................................................. $1,401.34 0513220 SCHERER, STEVEN T. .......................................................... $2,730.26 0513221 VINCK, JOHN J ...................................................................... $2,719.71 0513222 VOGEL, NICHOLE ..................................................................... $927.10 0513223 WALKER, CAITLYN M. ........................................................... $2,056.30 0513224 WIESE, TANNER .................................................................... $1,995.51 0513225 BURSCH, JEFFREY ............................................................... $2,081.64 Total Payroll Direct Deposit $70,667.12