HomeMy Public PortalAbout03.06.2024 City Council Meeting PacketPosted 03/01/2024 Page 1 of 1
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Wednesday, March 6, 2024
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 February 20, 2024, Work Session Meeting
B.Minutes of the February 20, 2024, Regular City Council Meeting
V.CONSENT AGENDA
A.Approve Resolution Amending 2024 City Appointments
B.Approve Road Materials and Equipment Bids
C.Approve Lawn & Grounds Services Agreement with Twin City Outdoor Services, Inc.
D.Approve Curb and Concrete Installation Services Agreement with Schmidt Curb Co.
E.Approve Mill and Paving Services Agreement with Omann Brothers Inc.
F.Approve Evidence Room Audit Services Agreement with the Axtell Group
VI.COMMENTS
A.From Citizens on Items Not on the Agenda
B.Park Commission
C.Planning Commission
VII.PRESENTATION
A.Maple Plain Fire Department Annual Report
B.Long Lake Fire Department Annual Report
VIII.NEW BUSINESS
A.Cates Industrial – Potential Data Acquisition
IX.CITY ADMINISTRATOR REPORT
X.MAYOR & CITY COUNCIL REPORTS
XI.APPROVAL TO PAY BILLS
XII.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: February 29, 2024
DATE OF MEETING: March 6, 2024
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Approve Resolution Amending 2024 City Appointments – The City contracts with
MetroWest Inspection Services for building official services. The City was recently
notified that MetroWest ownership is being transferred from Todd Geske to Mike and
Amber Rosenau. As part of the transition, they have requested that cities update the
Building Official designation from Todd to Mike. Mike has been Medina’s primary
inspector and contact for several years and staff has worked with Amber in the
office. Staff is very confident in Mike and Amber leading the company. Todd and Kathy
are going to continue to work at MetroWest for the foreseeable future and staff
anticipates a smooth transition. Staff recommends approval of the amended city
appointments with Michael D. Rosenau as the City’s building official and fire marshal,
with MetroWest Inspection Services to remain as alternate.
See attached resolution.
B. Approve Road Materials and Equipment Bids – Public Works Director Steve Scherer has
attached a memo that outlines the various bids that we received to provide road
maintenance improvements in the City. Staff recommends approval of the road material
and equipment bids as presented for 2024.
See attached memo and bids.
C. Approve Lawn & Grounds Services Agreement with Twin City Outdoor Services, Inc. –
Staff recommends approval of the 2024-2026 lawn and grounds services agreement with
Twin City Outdoor Services.
See attached agreement.
D. Approve Curb and Concrete Installation Services Agreement with Schmidt Curb Co. –
Staff recommends approval of the 2024 mill and paving services agreement with Schmidt
Curb Co.
See attached agreement.
2
E. Approve Mill and Paving Services Agreement with Omann Brothers Inc. – Staff
recommends approval of the 2024 mill and paving services agreement with Omann
Brothers.
See attached agreement.
F. Approve Evidence Room Audit Services Agreement with Axtell Group – While the
Police Department conducts annual internal audits of the evidence room, staff learned
from other agencies that there is value in having an independent audit. The independent
audit was budgeted for in the 2024 budget. In the future, external audits will be
completed every other year. Staff recommends approval of the evidence room audit
services agreement with Axtell Group.
See attached memo and agreement.
VII. PRESENTATION
A. Maple Plain Fire Department Annual Report – Maple Plain FD will provide their annual
report at the meeting.
No attachments.
B. Long Lake Fire Department Annual Report – Long Lake FD will provide their annual
report at the meeting.
No attachments.
VIII. NEW BUSINESS
A. Cates Industrial - Potential Data Acquisition – The City closed on the purchase of the
“Cates parcels” east of Willow Drive and north of Chippewa Road at the end of 2023.
These parcels were previously the subject of several land use applications requested by
Oppidan Investments. As part of those processes, Oppidan had collected a lot of data and
prepared various plans for their application. Oppidan indicated support for transferring
the information to the City if we agreed to pay a portion of the cost.
Staff Recommendation: Staff recommends acquiring the survey data (including
topography) and geotechnical data. The tree survey data may be useful, but because of
the shorter shelf-life, would not recommend splitting that cost. Staff believes acquiring
the survey and geotechnical for $17,500 and all three datasets for an additional $500,
totaling the purchase at $18,000 would be cost-effective. It is recommended to fund the
data purchase from the Future Fire Facility Fund, where the Cates land purchases were
funded.
XI. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, order check numbers 055411-
055430 for $48,202.93, EFT 007196E-007204E for $21,814.45, and payroll EFT
0513393-513424 for $78,875.54.
1
Medina City Council Work Session Minutes
February 20, 2024
MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF 1
FEBRUARY 20, 2024 2
3
The City Council of Medina, Minnesota met in work session on February 20, 2024, at 6:00 p.m. 4
at the Medina City Hall, 2052 County Road 24, Medina, MN. 5
6
I. Call to Order 7
8
Members present: Albers, DesLauriers, Cavanaugh (virtual due to travel), Martin (virtual due 9
to travel) 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
Public Works Director Steve Scherer, Police Sergeant Kevin Boecker, City Engineer Jim 14
Stremel. 15
16
II. Motion to Delegate Duties to Preside Over the Meeting to Council Member Albers 17
Moved by DesLauriers, seconded by Albers, to delegate duties to preside over the meeting to 18
Council Member Albers. 19
20
A roll call vote was performed: 21
22
Martin aye 23
Cavanaugh aye 24
DesLauriers aye 25
Albers aye 26
27
Motion passed unanimously. 28
29
III. Request for Two Members of the City Council to Attend Meetings Electronically 30
In 2022, Staff implemented technology to allow the option of virtual attendance for council 31
members to participate in council meetings. At the time of implementation, the Council decided 32
to allow only one virtual attendee per meeting. Council Member Cavanaugh requested the 33
Council revisit this topic to evaluate whether more than one virtual attendee should be allowed. 34
Johnson explained that the technology can accommodate up to four virtual attendees and that 35
state law requires that one member be physically present at the regular meeting location. 36
37
DesLauriers expressed support for allowing additional virtual attendees but would like to 38
monitor the quality of the technology with additional virtual attendees. Martin expressed support 39
as the option for additional virtual council members provides the council greater flexibility to 40
have a quorum when council members are traveling and/or are sick. 41
42
The City Council agreed to allow up to four city council members to participate in the city 43
council meetings virtually. 44
45
46
2
Medina City Council Work Session Minutes
February 20, 2024
IV. Uptown Hamel Study 1
Finke explained that in 2022, the City of Medina was awarded a $25,000 grant from Hennepin 2
County through their Housing & Economic Development Corridor Planning program. The City 3
contracted with WSB to create an actionable plan for how the City and property owners can 4
encourage and support improvements and development in Uptown Hamel. 5
6
Kim Lindquist of WSB presented the Draft Uptown Hamel Market Analysis and Redevelopment 7
Feasibility Study. Linquist explained the study analyzed the market area and demographics, 8
evaluated market demand, identified the strengths, weaknesses, opportunities, and threats of the 9
area, created development concepts, and provided an action plan. Linquist highlighted there is 10
high demand for food services and that the public engagement survey showed that residents are 11
interested in restaurants, bars, coffee shops, and retail. The development concepts include both 12
multifamily housing and retail areas. 13
14
She explained the strengths of Uptown Hamel are that it is unique, has historic character, and has 15
nearby housing and a park. The weaknesses are that sites are not economical to develop because 16
they require costly redevelopment or renovation and there is no local draw or anchor tenant to 17
draw visitors and other businesses. The opportunity for Uptown Hamel is due to recent 18
population growth resulting in demand for more retail and services. Additionally, there are many 19
community and regional events in the area and the adjoining park. The threats to Uptown Hamel 20
include the competition with Highway 55 sites and the economics of redevelopment are often not 21
feasible due to cost. 22
23
Linquist provided several action items for the City Council to consider. First, consider modifying 24
the city code to encourage economically feasible development. Specifically, evaluate existing 25
height and density limitations. Second, identify potential funding sources and financial tools to 26
assist with redevelopment. Third, work with willing sellers to prioritize sites for future 27
redevelopment and identify acceptable land uses. Fourth, work with local developers and 28
property owners to attract private development interest. Fifth, complete an engineering analysis 29
of Mill Street/Hamel Road/Sioux Drive intersection as many residents, business owners, and 30
developers have safety concerns with the existing intersection. Sixth, continue public education 31
and participation with residents and developers. Overall, Linquist recommended the City Council 32
identify and establish a clear consensus on the vision for the area. 33
34
The City Council thanked Linquist for the report and her presentation. 35
36
V. Brush Pile Gate & Pickleball Gate Discussion 37
Scherer presented that staff is seeking options to alleviate non-emergency calls for police to 38
enforce pickleball court hours. In 2023 there were over 30 calls for police service to the 39
pickleball court. Scherer presented a quote for an automatic lock for the court. The automatic 40
lock would allow staff to program the lock based on the court hours of 7 a.m. to sunset. The goal 41
is to enforce the court hours while reducing the number of calls for service to the police. The 42
3
Medina City Council Work Session Minutes
February 20, 2024
total estimate for the automatic gate lock, including installation of power from the parking lot to 1
the gate, is $9,044.00. 2
3
The Council expressed concern about using different enforcement strategies at the pickleball 4
court than the other parks. The Council agreed that rather than spending money on a lock, the 5
first strategy should be a policy that the police do not respond to calls regarding park complaints 6
unless there is an emergency or criminal activity occurring. 7
8
Moved by DesLauriers, seconded by Martin to recess the Work Session Meeting at 7:00 PM 9
to after the Regular City Council Meeting. 10
11
A roll call vote was performed: 12
13
Martin aye 14
DesLauriers aye 15
Albers aye 16
17
Motion passed unanimously. 18
19
Motion by DesLauriers, seconded by Albers to reopen the Work Session Meeting at 7:37 20
PM. 21
22
A roll call vote was performed: 23
24
Martin aye 25
Cavanaugh aye 26
DesLauriers aye 27
Albers aye 28
29
Motion passed unanimously. 30
31
V. Brush Pile Gate & Pickleball Gate Discussion Continued 32
Scherer explained the cost of operating the brush and compost site has drastically increased over 33
the last few years. Costs have steadily increased to $60,000 per year and continue to increase. To 34
help mitigate the rising costs, Scherer presented three options for the Council to consider. First, 35
consider installing a card reader system and issuing a card to residents who wish to utilize the 36
site. This would help prevent residents of other communities from utilizing the site. The card 37
reader system's estimated cost is $12,634. Second, reconsider allowing commercial haulers to 38
use the site. Currently, commercial haulers who do work for Medina residents are allowed to use 39
the site. The problem is commercial haulers often leave a significant amount of brush and there 40
are no staff to monitor whether they leave brush that belonged to residents outside of Medina. 41
Third, reconsider sharing the site with the residents of Loretto. Currently, Loretto pays for half of 42
the brush grinding and removal services and Loretto has requested to renegotiate the agreement. 43
44
The City Council agreed to move forward with the implementation of the card reader system. 45
They agreed that the cards should be administered to residents for a fee to encourage residents to 46
4
Medina City Council Work Session Minutes
February 20, 2024
not share their card with other people. Additionally, the Council agreed not to allow any 1
commercial use of the site. The Council requested that once these policies are implemented, staff 2
should evaluate the reduction in brush and costs before renegotiating with Loretto. 3
4
IV. Adjourn 5
Moved by DesLauriers, seconded by Cavanaugh to adjourn the work session meeting at 8:04 6
p.m. 7
8
A roll call vote was performed: 9
10
Martin aye 11
Cavanaugh aye 12
DesLauriers aye 13
Albers aye 14
15
Motion passed unanimously. 16
17
_________________________ 18
Kathleen Martin, Mayor 19
Attest: 20
21
22
_________________________ 23
Caitlyn Walker, City Clerk 24
25
26
Medina City Council Meeting Minutes
February 20, 2024
1
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 20, 2024 3
4
The City Council of Medina, Minnesota met in regular session on February 20, 2024 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 (virtual due to travel), DesLauriers, and Martin 10
(virtual due to travel). 11
12
Members absent: Reid. 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 Police 17
Sergeant Kevin Boecker. 18
19
II. MOTION TO DELEGATE DUTIES TO PRESIDE OVER THE MEETING TO 20
COUNCILMEMBER ALBERS 21
Moved by DesLauriers, seconded by Martin, to delegate duties to preside over the 22
meeting to Councilmember Albers. 23
24
A roll call vote was performed: 25
26
Martin aye 27
DesLauriers aye 28
Albers aye 29
30
Motion passed unanimously. 31
32
It was acknowledged that Cavanaugh was present via video but because his audio 33
connection was not working at this time, he would not qualify as a remote participant. 34
The Council will continue to check in with Cavanaugh to determine if the audio 35
connection is reestablished. 36
37
III. PLEDGE OF ALLEGIANCE (7:02 p.m.) 38
Albers asked the group to take a moment of silence for the two Police Officers and First 39
Responder that were killed in an incident in Burnsville this past weekend. 40
41
IV. ADDITIONS TO THE AGENDA (7:03 p.m.) 42
The agenda was approved as presented. 43
44
V. APPROVAL OF MINUTES (7:03 p.m.) 45
46
A. Approval of the February 6, 2024 Regular City Council Meeting Minutes 47
Albers noted that prior to the meeting, proposed changes were circulated as suggested 48
by Martin. Walker noted that staff has added the reason the virtual members were 49
attending remotely and advised that will be a practice going forward. 50
51
Medina City Council Meeting Minutes
February 20, 2024
2
Moved by Albers, seconded by DesLauriers, to approve the February 6, 2024 regular 1
City Council meeting minutes as amended. 2
3
A roll call vote was performed: 4
5
Martin aye 6
Cavanaugh aye 7
DesLauriers aye 8
Albers aye 9
10
Motion passed unanimously. 11
12
VI. COMMENTS (7:05 p.m.) 13
14
A. Comments from Citizens on Items not on the Agenda 15
There were none. 16
17
B. Park Commission 18
Scherer reported that the February Park Commission meeting has been canceled. He 19
stated that staff and the Commission are currently working to update the parks asset list. 20
He stated that pricing has been received for the mowing contract, which will soon come 21
before the Council. He stated that the paving prices have mainly been reduced this year 22
and therefore even though he will not be present at the March 6th meeting, that item will 23
most likely appear on the agenda. 24
25
DesLauriers asked if the park fund contribution was based off the asset list and likely 26
ongoing costs. 27
28
Scherer explained that contribution was based on funds that were accessible. 29
30
DesLauriers stated that perhaps going forward they could put some more math and 31
reasoning behind the contribution. 32
33
Scherer confirmed that is the intent. 34
35
C. Planning Commission 36
Finke reported that the Planning Commission met the previous week to consider a 37
request for a PUD amendment from Meander Park and Boardwalk pertaining to the 38
event venue. He stated that the applicant requested additional height for that building 39
and after discussion the Commission recommended approval of the request. He stated 40
that the second request was a rezoning request from UR-RR to R-1 for consistency with 41
the Comprehensive Plan and the Commission recommended approval of the rezoning. 42
43
VII. PRESENTATIONS (7:13 p.m.) 44
45
A. Officer Keith Converse Retirement 46
Johnson thanked Officer Converse for his 20 plus years of service to the Medina Police 47
Department as he retires. 48
49
Converse commented that it has been a great place to work. 50
51
Medina City Council Meeting Minutes
February 20, 2024
3
Albers read the draft resolution aloud and presented it to Converse. 1
2
Boecker commented that Converse is a well-rounded Officer for the department that 3
always goes above and beyond, and he has been a great resource for the department 4
over the past 20 years. He thanked Converse for his service to the department and 5
wished him well in retirement. 6
7
1. Resolution Recognizing Officer Keith Converse for 20 Years of 8
Dedicated Service to the City of Medina as He Retires 9
Moved by DesLauriers, seconded by Albers, to adopt a resolution recognizing Officer 10
Keith Converse for 20 years of dedicated service to the City of Medina in the Police 11
Department as he retires. 12
13
A roll call vote was performed: 14
15
Martin aye 16
Cavanaugh aye 17
DesLauriers aye 18
Albers aye 19
20
Motion passed unanimously. 21
22
2. Authorize Recruitment of the Vacant Police Officer Position 23
Moved by DesLauriers, seconded by Albers, to authorize staff to begin the recruitment 24
process for the vacant police officer position. 25
26
A roll call vote was performed: 27
28
Martin aye 29
Cavanaugh aye 30
DesLauriers aye 31
Albers aye 32
33
Motion passed unanimously. 34
35
VIII. NEW BUSINESS 36
37
A. Wellhead Protection Plan Part 1 Public Information Meeting (7:21 p.m.) 38
Scherer commented that this process began almost one year ago, and consultant John 39
Greer from Barr Engineering is present to provide an informational presentation. He 40
stated that this process identifies the areas that most need protection from 41
contaminates. 42
43
Greer stated that wellhead protection plans are completed in two parts and are required 44
by the State and must be updated every ten years. He provided information on the 45
existing well locations and the aquafers that they pump from. He stated that part one 46
focuses on delineating the wellhead protection areas, which is completed through 47
groundwater monitoring. He highlighted the new delineations and also identified the 48
drinking water supply management area (DWSMA). He provided additional details on 49
the work that will be done in part two of the wellhead protection plan. 50
51
Medina City Council Meeting Minutes
February 20, 2024
4
Scherer referenced the change in the area around Morningside and asked if that is due 1
to modeling. 2
3
Greer commented that since the last plan was completed there is more information 4
known from the geology association and other details, therefore the new models have 5
much more information available. 6
7
Scherer commented that it is good news that the City does not have any vulnerable 8
wells. 9
10
IX. CITY ADMINISTRATOR REPORT (7:32 p.m.) 11
Johnson had nothing further to report. 12
13
X. MAYOR & CITY COUNCIL REPORTS (7:32 p.m.) 14
DesLauriers commented that he and Albers attended a fire meeting with representatives 15
from multiple cities where the topic of a fire taxing district was discussed. He provided 16
an update on that meeting. 17
18
XI. APPROVAL TO PAY THE BILLS (7:34 p.m.) 19
Moved by DesLauriers, seconded by Albers, to approve the bills, order check numbers 20
055354-055410 for $457,012.20, EFT 007177E-007195E for $72,254.10, and payroll 21
EFT 0513355-0513392 for $74,615.75. 22
23
A roll call vote was performed: 24
25
Martin aye 26
Cavanaugh aye 27
DesLauriers aye 28
Albers aye 29
30
Motion passed unanimously. 31
32
XII. ADJOURN 33
Moved by DesLauriers, seconded by Cavanaugh, to adjourn the meeting at 7:36 p.m. 34
35
A roll call vote was performed: 36
37
Martin aye 38
Cavanaugh aye 39
DesLauriers aye 40
Albers aye 41
42
Motion passed unanimously. 43
44
__________________________________ 45
Kathleen Martin, Mayor 46
Attest: 47
48
____________________________________ 49
Caitlyn Walker, City Clerk 50
Resolution No. 2024-XX
March 6, 2024
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2024-XX
AMENDING THE 2024 APPOINTMENTS AND DESIGNATIONS TO VARIOUS CITY
SERVICES, AUTHORITIES, COMMISSIONS, AND AGENCIES
WHEREAS, the City contracts with various consultants and businesses to provide services
to the City, and
WHEREAS, the City is required to appoint City representatives to City commissions as
well as area jurisdictions, agencies, authorities and commissions as indicated by governing
documents, State statute, or City codes.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
hereby amends the 2024 appointments and designations listed on Exhibit A.
Dated: March 6, 2024.
______________________________
Kathleen Martin, Mayor
Attest:
_______________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Reid 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
Exhibit A
Council Office/Liaisons 2024 Appointment(s)
Acting Mayor Todd Albers
Public Safety Liaison Dino DesLauriers
Todd Albers (alternate)
Public Works Liaison Robin Reid
Planning & Zoning Liaison Joe Cavanaugh
Parks Liaison Todd Albers
Administration Liaison Kathleen Martin
Mayor's Emergency Declaration (Hierarchy of City Council to
declare emergency in Mayor's absence)
1. Kathleen Martin
2. Todd Albers
3. Dino DesLauriers
4. Robin Reid
5. Joe Cavanaugh
City Consultants
Auditing Services Abdo Eick and Meyers LLP
Building Inspector Metro West Inspection
City Assessor Southwest Assessing - Residential
(Rolf Erickson) and Hennepin
County - Commercial/Industrial
(Joshua Hoogland)
City Attorney Kennedy & Graven
(Dave Anderson)
City Engineer WSB (Jim Stremel)
Financial Ehlers & Associates, Inc.
Fire Marshal Mike Rosenau
Metro West Inspection (alternate)
IT Solution Builders
Planning Consultant Northwest Associated Consultants,
Inc.
Prosecuting Attorney Steve Tallen
City Staff
City Clerk Caitlyn Walker
City Treasurer Erin Barnhart
Human Resource Officers Caitlyn Walker
Scott Johnson
Data Compliance Officials Caitlyn Walker
Jason Nelson - Police
Anne Klaers - Police
Erin Barnhart - Finance
Dusty Finke - Planning
Steve Scherer - Public Works
Responsible Authority for MN Government Data Practices Act Caitlyn Walker
Zoning Administrator Dusty Finke
Deb Dion (alternate)
Resolution No. 2024-XX
March 6, 2024 1
Exhibit A
City Committee, Agency, Commission Representatives
Communities in Collaboration Council Jason Nelson
Elm Creek Watershed (2nd Wednesday @ 11:30 a.m., Maple Grove
City Hall)
Terry Sharp
Steve Lee (alternate)
Highway 55 Corridor Coalition Joint Powers Todd Albers
Scott Johnson (1st alternate)
Lake Independence TMDL through Pioneer-Sarah Creek Watershed WSB
Scott Johnson (alternate)
Lake Sarah TMDL through Pioneer-Sarah Creek Watershed WSB
Scott Johnson (alternate)
Elm Creek TMDL through Elm Creek Watershed WSB
Terry Sharp (alternate)
Minnehaha Creek Watershed Peter Rechelbacher
Northwest Hennepin League of Municipalities (2nd Wednesday @
6:30 p.m.)
Kathleen Martin
Other Council Member (alternate)
I-94 Chamber of Commerce Scott Johnson
Pioneer-Sarah Creek Watershed (third Thursday @ 4:00 p.m.,
Independence City Hall)
Pat Wulff
Joel Settles (alternate)
Weed and Tree Inspector Steve Scherer
Designation of Official Depositories & Investment of Idle Funds
Farmers State Bank of Hamel
Oppenheimer
PMA Financial Network/(4M)
Fund
RBC Dain Rauscher, Inc.
Designation of Official City Legal Newspaper Crow River News
Planning Commission
3 Year Term Braden Rhem
3 Year Term Stacy Ladwig
3 Year Term Paul Humiston
1 Year Term Charles Morse
Park Commission
3 Year Term Mary Morrison
3 Year Term Nila Norman
Youth Seat - 1 Year Term Ava Illingworth
Resolution No. 2024-XX
March 6, 2024 2
Notice of Designation or Vacancy
of Certified Building Official
Certification Number:
(Include Letters of Cert. #)
as a:
MUNICIPALITY STREET ADDRESS (do not provide a PO Box)
CITY STATE ZIP
PHONE FAX E-MAIL
MUNICIPALITY BUILDING OFFICIAL CONTACT INFORMATION
BUILDING OFFICIAL STREET ADDRESS (do not provide a PO Box)
CITY STATE ZIP
WORK PHONE NUMBER MOBILE PHONE NUMBER E-MAIL
OR B.
Municipality has a vacancy in the building official position. Effective Date:
The s tatutory definitions of Designate and Administrative Authority are established in M.S. §326B.103, Subd. 6 .
Please have the appointed administrative authority of th e municipality sign this form. (Usually known as the Administrator or Manager)
NAME OF ADMINISTRATIVE AUTHORITY (Type or Print)
TITLE DATE
BU 01 (11/22/2022)
Minnesota Department of Labor and Industry
Construction Codes and Licensing
Code Services, Attention: Scott Wheeler
443 Lafayette Road N., St. Paul, MN
55155-4341 Phone: (651) 284-5876 Fax:
(651)284-5749 http://www.dli.mn.gov/
PRINT in INK or TYPE your responses.
To the Commissioner of Labor and Industry:
According to M.S. §326B.133, Subd. 1,
Each municipality shall designate a building official to administer the code. A municipality may designate no more than one building
official responsible for code administration defined by each form of certification established in Minnesota R ule s, 1301.0200
and further, according to M.S. §326B.133, Subd. 7,
In the event that a designated building official position is vacant within a municipality, that municipality shall designate a certified
building official to fill the vacancy as soon as po ssible. The commissioner must be notified of any vacancy or designation in writing
within 15 days.
The administrative authority for the municipality of
H ereby notifies the Commissioner , pursuant to M.S. §326B.133, that it has made one of the following designations (A or B selected):
Form may be mailed, faxed or emailed to scott.wheeler@state.mn.us
MUNICIPALITY CONTACT INFORMATION
Certified Building Offic ial Limited
Certified Building OfficialNAME (INCLUDE MIDDLE INITIAL)
SIGNATURE OF ADMINISTRATIVE AUTHORITY
According to M.S. §326B.133, Subd. 3a(c) the “Certified Building Official Limited” may perform code administration only for one-
and two-family dwellings, their accessory structures, and "exem pt classes of buildings" as provided in Minnesota Rules ,1800.5 900 .
The municipality shall also designate a “Certified Building Official” with a separate Notice of Designation form , for the code
administration for all other structures when a Certified Building O fficial Limited is designated as the municipal ity's building official.
A.T he municipality
has designated :
E ffective Date :
1
5A
TO: Honorable Mayor and City Council
FROM: Steve Scherer, Public Works Director
DATE February 21, 2024
MEETING: March 06, 2024
SUBJECT 2024 Road Materials and Equipment Bid Tabulation
Summary
City staff recently coordinated the bidding for road materials and equipment deemed
necessary for anticipated 2024 road improvement projects. Fourteen sealed bid responses
were received for the various items listed on the bid form prior to the deadline, which were
then opened in public on Tuesday, February 20 at 10:00 a.m. Contractor responses have
been recorded on the 2024 Road Materials and Equipment Bid Tabulation (Exhibit A).
Certain street work will need to be performed by a single contractor to ensure scheduling
efficiencies and continuity of work, and to appropriately preserve warranties, and so staff
intends to contract for such work depending on the low contract price of such work in the
aggregate and notwithstanding whether the low bidding contractor was the low bidder on
each individual item.
No bids were received for bid items #29 & #30. Equipment Rental (bid items #32 & #35)
varied slightly and therefore, each rental would be evaluated for the type and size of
equipment needed for each particular job. See Additional Remarks for miscellaneous
equipment.
Staff Recommendation
Staff recommends that the City Council accept the bids and direct staff to engage with
contractors on a project-specific basis to ensure that all required project work is performed by
the low bidder in the aggregate. If unexpected issues arise (i.e., scheduling/delivery needs),
it may be necessary to engage the contractor with the second lowest bid. Construction
contracts will be prepared and presented for City Council consideration at one or more future
meetings.
Attachment
2024 Road Materials and Equipment Bid Tabulation - (Exhibit A)
MEMORANDUM
Agenda Item 5B
City of Medina Road Materials and Equipment Bid Tabulation - 2024 Exhibit A
Company Name Bryan
Rock
Hassan
Sand &
Gravel
Kraemer
M&M Fehn
GL
Contractin
g
KD&Co
Recycling
Schmidt
Curb
Pearson
Bros
Allied
Blacktop
Martin
Marietta
DMJ
Asphalt
GMH
Asphalt Omann Designing
Nature
Material/Bid
#1 MN-D.O.T.
SPNWB230(B) MIX
Picked up $57.00
Delivered to site
Placed on city streets $77.70 $70.99
#2 MN-D.O.T.
SPNWB230C MIX
Picked up $66.60
Delivered to site
Placed on city streets $89.75 $78.19
#3 MN-D.O.T.
SPNWB330(B) MIX
Picked up $56.05
Delivered to site
Placed on city streets $76.80 $70.99
#4 MN-D.O.T.
SPNWB330(C) MIX
Picked up $65.30
Delivered to site
Placed on city streets $89.15 $78.19
#5 MN-D.O.T.
SPWEA240(C) MIX
Picked up $66.95
Delivered to site
Placed on city streets $96.60 $80.35
#6 MN-D.O.T.
SPWEB240(B) MIX
Picked up $58.55
Delivered to site
Placed on city streets $81.20 $70.99
#7 MN-D.O.T.
SPWEB240(C) MIX
Picked up $66.95
Delivered to site
Placed on city streets $94.60 $78.19
#8 MN-D.O.T.
SPWEA240(B) MIX
(DRIVEWAYS)
Picked up $58.55
Delivered to site
Placed on city streets $177.05 $125.00
#9 MN-D.O.T.
SPWEA240B MIX
Placed on city trails $129.50 $128.05 $115.15
#10 BITUMINOUS FINE
MIX/SAND MIX
Page 1 of 6
City of Medina Road Materials and Equipment Bid Tabulation - 2024 Exhibit A
Company Name Bryan
Rock
Hassan
Sand &
Gravel
Kraemer
M&M Fehn
GL
Contractin
g
KD&Co
Recycling
Schmidt
Curb
Pearson
Bros
Allied
Blacktop
Martin
Marietta
DMJ
Asphalt
GMH
Asphalt Omann Designing
Nature
Picked up $90.00
Delivered to site
#11 AGGREGATE
SHOULDERING
PLACED (MnDOT 2118)
product bid
out of
maple
grove
locations
(plant, pit)
shoulder
from site
reclaim =
$29.35/tn.
shoulder
import
limestone =
$47.85/tn
class5
recycle
Delivered to site per ton $47.85 $38.30
Mobilization Fee $600.00 $1,200.00
#12 BITUMINOUS
INTEGRAL CURB
INSTALLATION
bit curb full
street
length
$1.25/LF.
bit curb
spot
areas/stree
t $7.00/LF
Installation Price per Lin
Ft $7.00 $5.00
#13 MILL BITUMINOUS
SURFACE AT DEPTH
PER SQ YD (INCLUDING
MILLING REMOVAL)
0 - 2" Depth per sq yard $1.30 $1.60
2 - 4" Depth per sq yard $2.30 $3.30
4 - 6" Depth per sq yard $3.30 $5.10
Mobilization Fee $1,600.00 $500.00
#14 MISCELLANEOUS
MILLING SERVICES AT
PER HOUR RATE
Width of Machine 24 60
Per Hour Rate $240.00 $525.00
Mobilization Fee $600.00 $500.00
Page 2 of 6
City of Medina Road Materials and Equipment Bid Tabulation - 2024 Exhibit A
Company Name Bryan
Rock
Hassan
Sand &
Gravel
Kraemer
M&M Fehn
GL
Contractin
g
KD&Co
Recycling
Schmidt
Curb
Pearson
Bros
Allied
Blacktop
Martin
Marietta
DMJ
Asphalt
GMH
Asphalt Omann Designing
Nature
#15 RECLAIM
ROADWAY AT DEPTH
PER SQUARE YARD &
INCLUDING GRADE &
COMPACT
0 - 2" Depth per sq yard $1.85 $2.10
2 - 4" Depth per sq yard $1.85 $2.45
4 - 6" Depth per sq yard $1.95 $2.80
Mobilization Fee $1,600.00 $1,200.00
Reclaimer Per Hour
#16A SEALCOATING
INSTALLED CRS-2
LIQUID ASPHALT
@.27Gal/SqYd 1/8” Trap
rock@25#/SqYd
0 - 25,000 sq yds $1.98 $1.69
25-50,000 sq yds $1.88 $1.69
50-75,000 sq yds $1.80 $1.69
75-100,000 sq yds $1.77 $1.69
#16B SEALCOATING
INSTALLED CRS-2
LIQUID ASPHALT @.30
Gal/SqYd FA2 Granite
@28#/SqYd
0 - 25,000 sq yds $1.98 $1.69
25-50,000 sq yds $1.88 $1.69
50-75,000 sq yds $1.80 $1.69
75-100,000 sq yds $1.77 $1.69
#17 FOG SEAL
INSTALLED CSS-1hD50
CATIONIC EMULSION
@.10 GAL/SqYd
0 - 25,000 sq yds $0.50 $0.69
25-50,000 sq yds $0.50 $0.69
50-75,000 sq yds $0.50 $0.69
75-100,000 sq yds $0.50 $0.69
#18 CURB
INSTALLATION MN-
D.O.T. D424
R/R (w/bit patch) Lin Ft
R&R (no bit patch) Lin Ft $45.00
Page 3 of 6
City of Medina Road Materials and Equipment Bid Tabulation - 2024 Exhibit A
Company Name Bryan
Rock
Hassan
Sand &
Gravel
Kraemer
M&M Fehn
GL
Contractin
g
KD&Co
Recycling
Schmidt
Curb
Pearson
Bros
Allied
Blacktop
Martin
Marietta
DMJ
Asphalt
GMH
Asphalt Omann Designing
Nature
New Installation Lin Ft $39.00
#19 CURB
INSTALLATION MN-
D.O.T. B618
R/R (w/bit patch) Lin Ft
R&R (no bit patch) Lin Ft $45.00
New Installation Lin Ft $39.00
#20 CURB
INSTALLATION -
RIBBON CURB MnDOT
2531
12"w X 5' depth Lin Ft $35.00
18"w X 5' depth Lin Ft $35.00
24"w X 5' depth Lin Ft $45.00
#21 NON REINFORCED
CONCRETE FLAT
WORK
4" Thick per sq. foot $9.00
6" Thick per sq. foot $12.00
8" Thick per sq. foot $15.00
#22 ¾ “ MINUS
CRUSHED LIMESTONE
Delivered to site per ton $20.95 $26.66 $20.00
#23 1” MINUS (MN-
D.O.T. 3138, CLASS 5)
CRUSHED LIMESTONE
Delivered to site per ton $20.55 $26.66 $19.65
#24 1 ½” MINUS
CRUSHED LIMESTONE
Delivered to site per ton $20.55 $26.66 $19.65
#25 1 ½” CLEAN
CRUSHED LIMESTONE
Delivered to site per ton $31.40 $37.41 $29.95 $61.49
#26 CLASS 5 CRUSHED
RECYCLED MAT- CON-
BIT MIX
Picked up per ton $15.00 $12.25 $12.99
Page 4 of 6
City of Medina Road Materials and Equipment Bid Tabulation - 2024 Exhibit A
Company Name Bryan
Rock
Hassan
Sand &
Gravel
Kraemer
M&M Fehn
GL
Contractin
g
KD&Co
Recycling
Schmidt
Curb
Pearson
Bros
Allied
Blacktop
Martin
Marietta
DMJ
Asphalt
GMH
Asphalt Omann Designing
Nature
Delivered to site per ton $21.00 $18.25
#27 CLASS 5 GRAVEL
Delivered to site per ton $18.66
#28 FA-1 (WINTER
SAND)
Delivered to site per ton $16.00
#29 5/16” CLEAN
CRUSHED LIMESTONE
CHIPS
Delivered to site per ton
#30 3/16” CLEAN F.A. 3
GRANITE OR TRAP
ROCK
Delivered to site per ton
#31 CLASS 3 RIP RAP
Delivered to site per ton $49.00 $45.00
#32 - TANDEM AXLE
DUMP TRUCK WITH
OPERATOR
Quads
18-18.2st
various,
see notes
Box Size - Cubic yards 14-15 12
Per Hour Rate $125.00 $110.00
Mobilization Fee $0.00
#33 - CRAWLER DOZER
WITH OPERATOR
Size of Machine D5K LGP D5cat
Per Hour Rate $170.00 $150.00
Mobilization Fee $475.00 $120.00
#34 - CRAWLER
LOADER W/OPERATOR
Size of Machine - Cubic
yards
Per Hour Rate
Mobilization Fee
#35 - CRAWLER
BACKHOE
W/OPERATOR
Bucket Size - Cubic yards 3
Page 5 of 6
City of Medina Road Materials and Equipment Bid Tabulation - 2024 Exhibit A
Company Name Bryan
Rock
Hassan
Sand &
Gravel
Kraemer
M&M Fehn
GL
Contractin
g
KD&Co
Recycling
Schmidt
Curb
Pearson
Bros
Allied
Blacktop
Martin
Marietta
DMJ
Asphalt
GMH
Asphalt Omann Designing
Nature
Per Hour Rate $150.00
Mobilization Fee $120.00
ADDITIONAL REMARKS delivered $
= 24-25 ton
end dump
semi loads.
All loads
>23 ton
subject to
addt'l
charges.
delivered $
= 24-24.24
ton end
dump full
loads &
subject to
fuel
surcharge
& a 2%
discount if
purchase in
month is
paid for by
15th of
following
month.
free rubble
dump at
site,
recycle is
conbit mix,
1-3" also
avail @
$19 ton
paving of
trails >81/2'
wide will
require
addt'l $ for
little paver
rental
pickup
broom for
dirt, bit
millings,
etc @
$190/hr
tri, qud,
quint,
super 7
axle trucks,
street
sweeper
$145hr +
mob,
skidloader
w/broom or
mill $155hr
Page 6 of 6
1
TO: Honorable Mayor and City Council
FROM: Steve Scherer, Public Works Director
DATE: February 21, 2024
MEETING: March 06, 2024
SUBJECT: Lawn & Grounds Services Agreement
Summary
Public Works solicited quotes from ten different subcontractors for the 2024-2026 lawn
and grounds services contract period. We received four proposals back by the published
deadline, with Twin City Outdoor Services, Inc. coming in as the low quote.
A fifth proposal was disqualified because it was received past the published deadline.
The following proposals were received for the 2024-2026 Lawn and Grounds Removal
Services:
Additional Weekly Rate Flat Rate Per Season
1.Twin City Outdoor Services $2,971.48 $77,258.58
2.Jim’s Lawn & Landscape $4,500.00 $86,629.45
3. Top Turf left blank $89,470.00
4. Grounds Maintenance Service $3,200.00 $99,900.00
5.Cherry Hill Outdoor (disqualified) $5,536.00 $180,551.00
Staff Recommendation
Staff recommends awarding the Lawn and Grounds Service Agreement with Twin City
Outdoor Services, the lowest quote and incumbent subcontractor since 2022, at the total
contract rate of $77,258.58.
Attachments
•Lawn and Grounds Services Agreement
•Exhibit A and B
MEMORANDUM
Agenda Item 5C
1
LAWN AND GROUNDS SERVICES
This Agreement is made this 6th day of March 2024, by and between Twin City Outdoor Services,
Inc. 14430 21st Ave N, Plymouth, MN 55447, a Minnesota corporation (the “Contractor”) and the
City of Medina, a Minnesota municipal corporation (the “City”).
Recitals
1.The City has been authorized to enter into a contract for lawn and grounds services; and
2.The City has approved the contract for lawn and grounds services with the Contractor; and
3.The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform lawn and grounds services for the City.
“Lawn and Grounds Services” will consist of lawn mowing, trimming around all permanent obstacles
(careful not to harm trees), clearing off walks and drives with blower after mowing, weed-whipping
curbs, and edges of sidewalks and under fences and benches; as well as picking up paper and debris
prior to mowing. A small push mower must be used in sensitive areas near buildings. These services
shall occur on a weekly basis, for a total of 26 weeks, typically from April 15th – October 15th (start
date determined by the Public Works Director) in the areas listed in 3.0 and marked on Exhibit A. Any
additional weeks of mowing will be approved by the Public Works Director and paid at the weekly
rate.
The ball fields at Hamel Legion Park and Hunter Lions Park (shown on Exhibit B), as well as
the entire Morningside Park, shall be mowed twice a week until July31st, then weekly. The
Contractor will mow Hamel Legion and Hunter Lions outfields at a three-inch (3”) length;
and infields at a one-and-one-half-inch (1-1/2) length. In order to assist with the league
schedule, the City requests that the mowing be performed on Mondays and Thursdays early in
the day for the twice a week mowing (unless otherwise notified), and Mondays early in the
day for the once-a-week mowing, weather permitting.
The Contractor will be responsible for mowing the lawn and trimming around fences,
monuments, or other fixtures every week at the German Liberal Cemetery, general grounds
clean-up of brush or other minor debris that may interfere with mowing services and providing
a list of operating equipment that will be used in the cemetery.
The Contractor will also perform spring & fall clean-ups consisting of picking up
debris/leaves at Walnut Park/drainage area, Morningside Park, Hunter Lions Park, Public
Works/Police Facility and City Hall. Fall cleanup will be performed when appropriate, after
most of the leaves have fallen, and determined by the Public Works Director.
2.0. TERM. The term of this contract will be from April 1, 2024, to November 1, 2026.
2
3.0 COMPENSATION. The City shall compensate the Contractor in the amount of $77,258.58
per season year (26 weeks), which excludes sales tax. Additional weeks of mowing approved
by the Public Works Director will be paid at a weekly rate of $2,971.48. Any non-contract
requests for lawn and grounds removal services by the Public Works Director will be billed
to the City separately at the per project rate listed below. Lawn and grounds services,
described in 1.0 above, will be provided by the Contractor on the City-owned sites listed
below and shown on EXHIBIT A, including approximate mowable acres for each:
LOCATION (approximately 53.61 total mowable acres) RATE
1 Hamel Legion Park, 3200 Mill Dr (29 Acres total): $28,187.44
a) Ball fields only - 2nd weekly mowing to Jul31 (Exhibit B) (11 Acres): $10,691.79
2 Hunter Lions Park, 3195 Hunter Dr (2.5 Acres): $6,911.02
a) Ball field only - 2nd weekly mowing to Jul31 (Exhibit B) (1.7 Acres): $1,652.37
3 Park at Fields of Medina, 1200 Meander Rd (6.1 Acres): $5,929.08
4 Medina Morningside Park, 2522 Bobolink Rd (1.5 Acres): $3,001.67
a) 2nd weekly mowing of Park to Jul31: $1,457.97
5 Holy Name Park, 400 County Rd 24 (1.5 Acres): $1,457.97
6 Lakeshore Park, 2975 Lakeshore Ave (.62 Acres): $602.62
7 Maple Park, 4400 Maple St (2.5 Acres): $2,429.95
8 Rainwater Nature Area, 400 Hamel Rd (.65 Acres): $631.79
9 Walnut Park, 4653 Walnut St (drainage area) (.48 Acres): $1,007.24
10 City Hall, 2052 County Rd 24 (3 Acres): $5,932.88
11 Public Works/Police Facility, 600 Clydesdale Trl (1.75 Acres): $3,489.44
12 Hamel Water Treatment Plant, 780 Tower Dr (.51 Acres): $495.72
13 Hamel Well House #1, 3575 Pinto Dr (.6 Acres): $560.87
14 Hamel Well House #2, 490 Clydesdale Trl (.1 Acres): $97.20
15 Hamel Well House #8 (4295 Brockton Ln) (.1 Acres): $97.20
16 Water Tower, 4205 Willow Dr (.60 Acres): $583.19
17 Independence Beach Well House, 4565 Walnut St (.50 Acres): $485.99
18 Sioux Drive (Roadway Strip) (.10 Acres): $97.20
19 Evergreen Rd (Boulevard Strip) (.10 Acres): $97.20
20 Clydesdale/Co Rd 101 (By Holiday) (.7 Acres): $680.39
21 German Liberal Cemetery, 2695 Hamel Rd (.7 Acres): $680.39
TOTAL PER YEAR (26 weeks): $77,258.58
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an
independent contractor and not an employee of the City. Any employee or subcontractor who
may perform services for the Contractor in connection with this Agreement is also not an
employee of the City. The Contractor understands that the City will not provide any benefits
of any type in connection with this Agreement, including but not limited to health or medical
insurance, worker’s compensation insurance and unemployment insurance, nor will the City
3
withhold any state or federal taxes, including income or payroll taxes, which may be payable
by the Contractor.
4.02 The Contractor will supply and use its own equipment and tools to complete the
services under this Agreement.
4.03 The Contractor acknowledges that any general instruction it receives from the
City has no effect on its status as an independent contractor.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City
from claims and liability for injury or damage to persons or property for all work performed by the
Contractor and its respective employees or agents under this Agreement. The Contractor shall
name the City as an additional insured under its commercial general liability policy in limits
acceptable to the City. Prior to performing any services under this Agreement, the Contractor
shall provide evidence to the City that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will,
in all respects, be controlled and governed by the laws of Minnesota.
9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City.
10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
4
12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If
the contract is terminated early, the City will pay a prorated fee for the services performed to date in
that calendar year.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By ______________________________
Caitlyn Walker, City Clerk
TWIN CITY OUTDOOR
SERVICES, INC.
By ______________________________
Mike Carter, General Manager
HAMEL
PION
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NAVAJO
HIGHWAY 55
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COUNTY ROAD 24
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HOLLYBUSH
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HAMEL
HIGHWAY 55
Map Date: November 7, 2019
Scale: 1:30,000
[
0 0.5 10.25
Mile
Exhibit A
Well #1
Well #2
Water Treatmen Plant
Independence Beach Well House
Maple ParkWalnutPark
Lakeshore Park
German Liberal Cementery
Willow Drive Water Tower
City Hall
Morningside Park
Park at Fields of Medina
Evergreen RoadBoulevard StripPW/PoliceFacility
RainwaterNature Area
Clydesdale/Co Rd 101
Sioux Drive Roadway Strip
Hamel LegionParkHunter Lions Park Well #8
Holy Name Park
Mowing Contract Parcels
Exhibit B
Hamel Legion Park Ball Fields
Hunter Lions Park Ball Field
Ball Field Play
Areas
Ball Field Play Areas
Ball Field Play Area
1
CURB AND CONCRETE INSTALLATION SERVICES AGREEMENT
This Agreement is made this 6th day March 2024, by and between Schmidt Curb Co.
Inc., 13195 95th Street NE, Elk River, MN 55330, a Minnesota corporation (the
“Contractor”) and the city of Medina, a Minnesota municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for curb and concrete
installation services; and
2. The City has approved the contract for curb and concrete installation services
with the Contractor; and
3. The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform curb installation services for
the City to include installation of curb and concrete using MN-DOT D424 and/or MN-DOT
B618 and/or MN-DOT 2531, and non-reinforced concrete flat work using MN-DOT 3F52,
as per the 2024 Road Material Bids. Any curb work performed will be at the discretion of
the Public Works Director, according to the compensation schedule below.
2.0. TERM. The term and prices of this contract shall remain in effect from March 6,
2024, until November 30, 2024, or until such later date as may be mutually agreed upon.
3.0 COMPENSATION. The City shall compensate the Contractor as follows:
Curb Installation – MN-DOT D424:
1. $45.00/LF for Remove and Replace (bituminous patch by others)
2. $39.00/LF for New Installation
Curb Installation – MN-DOT B618:
1. $45.00/LF for Remove and Replace (bituminous patch by others)
2. $39.00/LF for New Installation
Agenda Item 5D
2
Curb Installation – Ribbon Curb – MN-DOT 2531:
1. $35.00/LF for 12” Width x 5” Depth
2. $35.00/LF for 18” Width x 5” Depth
3. $45.00/LF for 24” Width x 5” Depth
Non-Reinforced Concrete Flat Work – MN-DOT 3F52:
1. $9.00/SF for 4” Thick
2. $12.00/SF for 6” Thick
3. $15.00/SF for 8” Thick
3.01 The Contractor shall pay for all licenses and permits. These costs
shall be included in the bid cost. The City is exempt from sales tax.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the
Contractor is an independent contractor and not an employee of the City. Any
employee or subcontractor who may perform services for the Contractor in
connection with this Agreement is also not an employee of the City. The Contractor
understands that the City will not provide any benefits of any type in connection with
this Agreement, including but not limited to health or medical insurance, worker’s
compensation insurance and unemployment insurance, nor will the City withhold
any state or federal taxes, including income or payroll taxes, which may be payable
by the Contractor.
4.02 The Contractor will supply and use its own equipment and tools to
complete the services under this Agreement.
4.03 The Contractor acknowledges that any general instruction it
receives from the City has no effect on its status as an independent contractor.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and
the City from claims and liability for injury or damage to persons or property for all work
performed by the Contractor and its respective employees or agents under this Agreement.
The Contractor shall name the City as an additional insured under its commercial general
liability policy in limits acceptable to the City. Prior to performing any services under this
Agreement, the Contractor shall provide evidence to the City that acceptable insurance
coverage is effective.
3
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota
worker’s compensation statute as an independent contractor before commencing
work under this Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance
and will provide evidence to the City of such coverage before commencing work
under this Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City,
its officers, employees, and agents, against any and all claims, losses, liabilities, damages,
costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims
as a result of bodily injury, loss of life, property damages and any other damages arising out
of the Contractor’s performance under this Agreement.
8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be required to
provide a Payment and Performance Bond to the City at no additional cost to the City.
9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota
Government Data Practices Act (the “Act”) and all other applicable state and federal laws
relating to data privacy or confidentiality. All data created, collected, received, stored, used,
maintained, or disseminated by the Contractor in performing its obligations is subject to the
requirements of the Act, and the Contractor must comply with the requirements of the Act
as if the Contractor was a government entity.
10.0 APPLICABLE LAW. The execution, interpretation, and performance of this
Agreement will, in all respects, be controlled and governed by the laws of Minnesota.
11.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the
services of another individual or company to provide services under this Agreement without
first obtaining the express written consent of the City.
12.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with
this Agreement shall be effective, except as expressly set forth or incorporated herein. Any
purported amendment to this Agreement is not effective unless it is in writing and executed
by both parties.
13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive
its entitlement to any immunity under statute or common law.
4
14.0 TERMINATION. Either party may terminate this Agreement at any time, for any
reason. If the contract is terminated early, the City will pay a prorated fee for the services
performed to date in that calendar year.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
and year written above.
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By ______________________________
Caitlyn Walker, City Clerk
SCHMIDT CURB COMPANY, INC.
(CONTRACTOR)
By ______________________________
Justin Fischer, President
1
MILL AND PAVING SERVICES AGREEMENT
This Agreement is made this 6th day of March 2024, by and between Omann Brothers Inc.,
6551 LaBeaux Avenue NE, Albertville, MN 55301, a Minnesota corporation (the
“Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for mill and paving services;
and
2. The City has approved the contract for mill and paving services with the
Contractor; and
3. The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform re-claim and compaction,
milling bituminous surface at the depth per square yard (including milling removal), paving,
and bituminous placement services for the City, at the discretion of the Public Works
Director.
2.0. TERM. The term and prices of this contract shall remain in effect from March 6,
2024, until November 30, 2024, or until such later date as may be mutually agreed upon.
3.0 COMPENSATION. The City shall compensate the Contractor for services according
to the above 1.0 Scope of Services at the following 2024 Road Materials Bid rates:
Bituminous mixture used for 2024 paving projects:
1. $70.99/TN for MN-DOT SPNWB230(B) Mix, placed on streets
2. $78.19/TN for MN-DOT SPNWB230(C) Mix, placed on streets
3. $70.99/TN for MN-DOT SPNWB330(B) Mix, placed on streets
4. $78.19/TN for MN-DOT SPNWB330(C) Mix, placed on streets
5. $80.35/TN for MN-DOT SPWEA240(C) Mix, placed on streets
6. $70.99/TN for MN-DOT SPWEB240(B) Mix, placed on streets
7. $78.19/TN for MN-DOT SPWEB240(C) Mix, placed on streets
8. $125.00/TN for MN-DOT SPWEA240(B) Mix (driveways) placed on streets
9. $115.15/TN for MN-DOT SPWEA240B Mix, placed on trails
Agenda Item 5E
2
Mill Bituminous surface at depth per square yard (including milling removal):
1. $1.60/SQ for 0” to 2” depth + $500.00 mobilization
2. $3.30/SQ for 2” to 4” depth + $500.00 mobilization
3. $5.10/SQ for 4” to 6” depth + $500.00 mobilization
Reclaim Roadway at depth per square yard (including grade and compact):
1. $2.10/SQ for 0” to 2” depth + $1,200.00 mobilization
2. $2.45/SQ for 2” to 4” depth + $1,200.00 mobilization
3. $2.80/SQ for 4” to 6” depth + $1,200.00 mobilization
The Contractor will receive additional compensation for:
1. $90.00/TN for Bituminous Fine Mix/Sand Mix, picked up
2. $38.30/TN for Mn-DOT 2118 Aggregate Shouldering, placed + $1,200.00
mobilization
3. $5.00/LF for Bituminous Integral Curb Installation
4. $525.00/HR for Miscellaneous milling with 60” wide machine + $500.00
mobilization
5. Miscellaneous Equipment per the 2024 Road Materials Bid may also be
contracted at the discretion of the Public Works Director.
3.01 The Contractor shall pay for all licenses and permits. These costs shall
be included in the bid cost. The City is exempt from sales tax.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the
Contractor is an independent contractor and not an employee of the City. Any
employee or subcontractor who may perform services for the Contractor in connection
with this Agreement is also not an employee of the City. The Contractor understands
that the City will not provide any benefits of any type in connection with this
Agreement, including but not limited to health or medical insurance, worker’s
compensation insurance and unemployment insurance, nor will the City withhold any
state or federal taxes, including income or payroll taxes, which may be payable by the
Contractor.
4.02 The Contractor will supply and use its own equipment and tools, as
well as traffic control, to complete the services under this Agreement.
4.03 The Contractor acknowledges that any general instruction it receives
from the City has no effect on its status as an independent contractor.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and
the City from claims and liability for injury or damage to persons or property for all work
performed by the Contractor and its respective employees or agents under this Agreement.
The Contractor shall name the City as an additional insured under its commercial general
3
liability policy in limits acceptable to the City. Prior to performing any services under this
Agreement, the Contractor shall provide evidence to the City that acceptable insurance
coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota
worker’s compensation statute as an independent contractor before commencing work
under this Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance
and will provide evidence to the City of such coverage before commencing work
under this Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City,
its officers, employees, and agents, against any and all claims, losses, liabilities, damages,
costs, and expenses (including defense, settlement, and reasonable attorney’s fees) for claims
as a result of bodily injury, loss of life, property damages and any other damages arising out
of the Contractor’s performance under this Agreement.
8.0 PAYMENT AND PERFORMANCE BOND. The Contractor shall provide a
Payment and Performance Bond to the City at no additional cost to the City.
9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota
Government Data Practices Act (the “Act”) and all other applicable state and federal laws
relating to data privacy or confidentiality. All data created, collected, received, stored, used,
maintained, or disseminated by the Contractor in performing its obligations is subject to the
requirements of the Act, and the Contractor must comply with the requirements of the Act as
if the Contractor was a government entity.
10.0 APPLICABLE LAW. The execution, interpretation, and performance of this
Agreement will, in all respects, be controlled and governed by the laws of Minnesota.
11.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the
services of another individual or company to provide services under this Agreement without
first obtaining the express written consent of the City.
12.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any
purported amendment to this Agreement is not effective unless it is in writing and executed
by both parties.
13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive
its entitlement to any immunity under statute or common law.
4
14.0 TERMINATION. Either party may terminate this Agreement at any time, for any
reason. If the contract is terminated early, the City will pay a prorated fee for the services
performed to date in that calendar year.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and
year written above.
CITY OF MEDINA
By_____________________________
Kathleen Martin, Mayor
By ______________________________
Caitlyn Walker, City Clerk
OMANN BROTHERS, INC.
(CONTRACTOR)
By ______________________________
Kelly Omann
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: February 29, 2024
RE: Evidence Room Audit Contract
BACKGROUND
I have been evaluating the need for an independent audit of the police department’s evidence
room. This is something that has never been done in my 24 plus years on the police department
and there is no mandate to have an audit. We do conduct an internal audit once a year and have
never found any issues, but I have spoken with other law enforcement leaders throughout
Minnesota and attended state and national conferences where this subject was discussed. They
thought that it was a good idea to have external audits done to ensure policies and procedures are
current and being followed.
I have budgeted for this in 2024 budget and will be moving forward every other year audits. This
is listed as one of my first quarter goals for 2024. I have researched the subject and settled with
the Axtell Group as a vendor. I believe they will do a great job and are very cost effective
compared to others in the market space. The contract has been reviewed by City Attorney Dave
Anderson.
REQUESTED ACTION
I would ask council to approve the contract so that we can move forward with the audit in March
of 2024.
Agenda Item 5F
THE AXTELL GROUP
Professional Services Agreement
This Agreement (the "Agreement"), effective March 1, 2024, ("Effective Date") is by and
between The Axtell Group, a Minnesota limited liability company ("The Axtell Group"), and the City
of Medina, Minnesota, a Minnesota municipal corporation, on behalf of its Medina Police Department
("Client"), each a "Party" and collectively the "Parties".
WHEREAS, The Axtell Group provides professional consultation services related to law
enforcement standards and best practices; and
WHEREAS, Client has requested that The Axtell Group provide an independent audit of the
Medina Police Department's property room operations;
NOW THEREFORE, it is mutually agreed by and between The Axtell Group and Client as
follows:
1. Services. The Axtell Group will perform an independent property room audit according to
its Proposal to the Medina Police Department (the "Proposal") attached to this Agreement as an
Exhibit A and incorporated into this Section 1, (the "Services").
2. Time for Completion. The Axtell Group will provide Services under this Agreement
beginning as of the Effective Date, and continuing until completed no later than March 31, 2024.
3. Reasonable Access and Assistance. Client will provide The Axtell Group reasonable
access to its officers, officials, employees, representatives, agents, facilities, and information and will
assist The Axtell Group in resolving any identified contingencies to The Axtell Group's provision of
Services under this Agreement.
4. Change in Scope of Services. Client may request changes that would increase, decrease, or
otherwise modify Services provided under this Agreement. Such changes to Services and associated
fees for Services and expenses must be authorized in writing in advance by the Parties pursuant to
Section 26 (Requirement of Writing).
5. Fees for Services. Client will pay The Axtell Group for Services as follows:
Client will pay The Axtell Group a professional services fee of $3,500.
The Axtell Group will be compensated for Services in the amount specified above according to
the following fee schedule: Payment in full upon completion of the deliverables described in the
Proposal.
Additional Services may be provided according to a written proposal or statement of work
pursuant to Section 26 (Requirement of Writing). Additional Services will be provided at a rate of
$350.00 per hour plus expenses, unless the Parties mutually agree on another rate or amount in the
written proposal or statement of work.
6. Payment. The Axtell Group will invoice Client all amounts due under this Agreement.
Payment must be completed within 30 days of receipt by Client of The Axtell Group's invoice. Except
as otherwise stated, fees are inclusive of the cost of materials used by The Axtell Group for the
1
THE AXTELL GROUP
provision of Services.
7. Confidential Information. Subject to and to the extent consistent with the provisions of
applicable law, including the Minnesota Government Data Practices Act, each Party agrees that all
information furnished by one Party (the "Disclosing Party") to the other Party (the "Receiving
Party"), the fact of the information, and whether furnished by itself or by its subsidiaries, affiliates,
members, employees, officials, contractors, or agents relating to or arising from this Agreement,
discussions related to this Agreement, and all information derived based on information exchanged or
activities carried out under this Agreement (collectively the "Confidential Information") must be
maintained by the Receiving Party in confidence and used by the Receiving Party only for the purpose
of performing under this Agreement and for no other purpose. Confidential Information must not be
disclosed to any third person or business entity of any kind without the prior written consent of the
Disclosing Party; provided, however, that the Receiving Party may disclose Confidential Information
to those of its representatives to whom disclosure is needed in order to perform under this Agreement.
Confidential Information does not include information that (i) is or becomes generally
available in the public domain through no fault or action of the Receiving Party, (ii) was already
known by the Receiving Party at the time of disclosure and that is not otherwise subject to
confidentiality restrictions, (iii) is at any time rightfully obtained by the Receiving Party from a third
party not bound by any obligation to keep such information confidential, who is rightfully in
possession of such information and who rightfully conveys such information to the Receiving Party,
(iv) is independently created without the use or benefit of Confidential Information; or (v) is classified
as public data under the Minnesota Government Data Practices Act.
Either Party may disclose Confidential Information to the extent that such Confidential
Information is required by law, court order, or legal process to be disclosed by the Receiving Party,
provided that in such circumstance, to the extent permitted, prior notice must be given to the
Disclosing Party so that the Disclosing Party can take legal action to prevent the disclosure or to seek
appropriate protections, and in any such circumstance the Receiving Party must continue to preserve
the confidentiality of Confidential Information in all other respects.
Either Party may disclose Confidential Information to its respective affiliates, officials,
contractors, officers, directors, employees, representatives, auditors, banks, existing or potential
lenders, and/or counsel who have a need to know such Confidential Information for the purposes of
performing under this Agreement, only so long as this disclosure is made with the prior written consent
of the Parties or is required by law, and such other parties have been notified of and are bound by
nondisclosure/confidentiality restrictions substantially similar to the protections of this Agreement.
The obligations and duties of the Parties with respect to Confidential Information shall
generally survive the termination of this Agreement for a period of one (1) year thereafter. However,
the obligations and duties of the Parties with respect to Confidential Information that is classified or
must remain confidential pursuant to any federal or state data and records retention laws, including the
Minnesota Government Data Practices Act and the General Records Retention Schedule for Minnesota
Cities, shall not be altered by this survival clause and shall remain subject to the requirements of those
laws. Additionally, the obligations and duties of the Parties with respect to trade secrets shall not be
altered by this survival clause, so long as such Confidential Information remains a trade secret.
Each Party is entitled to seek injunctive relief for any violation of this Section 7 (Confidential
Information).
8. Intellectual Property. Subject to The Axtell Group's perpetual, worldwide, non-exclusive,
royalty -free, fully paid -up license to use all documents and other materials that are delivered to Client
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ME230-1P-933374.v2
THE AXTELL GROUP
as part of the Services (collectively, "Deliverables") for its lawful purposes, upon payment in full of
fees for Services, The Axtell Group hereby assigns to Client the Deliverables prepared for and
delivered to Client according to the Proposal.
The Axtell Group retains all right, title, and interest in and to The Axtell Group's intellectual
property used in connection with Services. Subject to the license granted in the following sentence,
The Axtell Group is, and will at all times remain, the sole and exclusive owner of all right, title, and
interest in and to all information, documents, data, know-how, methodologies, techniques, analysis,
ideas, concepts, software, and other materials developed or acquired by The Axtell Group ("Pre -
Existing Materials"), including all Intellectual Property Rights (as defined below) therein. To the
extent that any Pre -Existing Materials are incorporated in or combined with any Deliverable, upon
payment in full of fees for Services, The Axtell Group hereby grants to Client a non-exclusive, royalty -
free, fully paid -up license to use for its lawful internal business purposes such Pre -Existing Materials
as part of or in connection with such Deliverables. All other rights in and to the Pre -Existing Materials
are expressly reserved by The Axtell Group.
9. Rights Reserved. Each Party retains all Intellectual Property Rights in its respective
intellectual property, including all copyrights, patents, patent disclosures and inventions (whether
patentable or not), trademarks, service marks, trade secrets, know-how, and other Confidential
Information, trade dress, trade names, logos, corporate names and domain names, together with all of
the goodwill associated therewith, derivative works, and all other rights (collectively, "Intellectual
Property Rights"). All Intellectual Property Rights and other rights not granted are reserved to each
respective Party, its affiliates, and their respective licensors. Except as expressly specified in this
Agreement, and without limiting the foregoing, neither Party may reverse assemble, reverse engineer,
translate, disassemble, decompile, or otherwise attempt to create or discover the other Party's
intellectual property.
10. No Implied Licenses. Except as expressly specified in this Agreement, including any
proposal or statement of work under this Agreement, nothing in this Agreement will be deemed to
grant to one Party, by implication, estoppel or otherwise, license rights, ownership rights, or any other
Intellectual Property Rights of the other Party.
11. Independent Contractor. It is understood and agreed that in providing Services The
Axtell Group acts in the capacity of an independent contractor and not as an employee or agent of
Client. The Axtell Group is not eligible for and will not receive any employment benefits from Client
and is solely responsible for the payment of all taxes, FICA, federal and state unemployment insurance
contributions, state disability premiums, and all similar taxes and fees relating to the fees earned by
The Axtell Group under this Agreement. In all instances, The Axtell Group is and will remain an
independent consultant without decision making authority. Client will remain responsible for its receipt
of Services and all decisions, actions, or omissions of Client and its officials, officers, employees,
representatives, subcontractors, and agents.
12. Acknowledgment of Professional Services. The Services provided by The Axtell Group
are professional consulting services. The Axtell Group may provide reports and recommendations that
may be based on information supplied by Client, its officials, officers, employees, representatives,
subcontractors, and agents, obtained in the course of Services or through consultations, publicly
available, or The Axtell Group's experience. Services are subject to inherent uncertainty. Services are
not, do not constitute, and are not intended to be a substitute for Client's acts or omissions or legal
advice or counsel. The Axtell Group does not provide legal or regulatory advice and in all instances
The Axtell Group directs Client to counsel of Client's choosing for legal advice. The Axtell Group
does not perform criminal investigations. Client acknowledges and agrees that to the fullest extent
allowed by law, Services are provided without any representation or warranty. The Axtell Group does
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ME230-1P-933374.v2
THE AXTELL GROUP
not promise or guarantee any future performance or outcome as a result of Client's receipt of Services.
13. Responsibility for Acts and Omissions. Each Party agrees that it is responsible for its
own acts and omissions and the acts and omissions of its officials, officers, employees, representatives,
subcontractors, and agents as they relate to this Agreement and for any liability resulting therefrom, to
the extent authorized by law, and will not be responsible for the acts and omissions of the other Party
or their officials, officers, employees, representatives, subcontractors, and agents, or for any liability
resulting therefrom.
14. Limitations Period. Any action related to an alleged breach of this Agreement or activities
undertaken pursuant or related to this Agreement must be commenced within one (1) year of the date of
the breach or activity giving rise to the claim or one (1) year of the date the breach or activity giving rise
to the claim reasonably should have been discovered. Any action not brought within this one (1) year
period will be barred without regard to any other limitations period.
15. Insurance. The Axtell Group will, at its own expense, maintain and carry in full force and
effect with financially sound and reputable insurers, appropriate insurance policies with respect to its
activities under this Agreement. The Axtell Group specifically agrees that before any of the Services can
be performed hereunder it shall procure at a minimum: professional liability in an amount not less than
$1,000,000.00 per occurrence and $2,000,000.00 annual aggregate; and commercial general liability in an
amount of not less than $1,500,000.00 per occurrence and $2,000,000.00 annual aggregate, for bodily
injury, death, and property damage. The retroactive or prior acts date of the professional liability insurance
coverage shall not be after the effective date of the contract and the Axtell Group shall maintain the
professional liability insurance coverage through its completion of the work contemplated herein. If the
professional liability insurance is discontinued, extended reporting period coverage must be obtained by
the Axtell Group to fulfill this professional liability insurance requirement. To meet the commercial
general liability requirements, the Axtell Group may use a combination of excess and umbrella coverage.
The Axtell Group shall provide the Client with a current certificate of insurance with respect to the
commercial general liability and umbrella or excess liability. Such certificate of liability insurance shall
contain a statement that such policies shall not be canceled or amended unless 30 days' written notice is
provided to the Client, 10 days' written notice in the case of non- payment.
16. Termination. This Agreement will continue in full force and effect until completion of
Services unless terminated at an earlier date by either Party. The parties, by mutual written agreement,
may terminate this Agreement at any time. Additionally, either Party may terminate this Agreement by
giving no less than 30 -days written notice of the intent to terminate to the other Party at any time and for
any reason. In the event of termination, Client will pay The Axtell Group for all Services actually, timely,
and faithfully rendered up to receipt of the notice of termination and thereafter until the date of
termination.
17. Survival. Provisions that by their content are intended to survive the termination or
expiration of this Agreement will so survive, including provisions pertaining to confidentiality and trade
secrets.
18. Assignment. This Agreement may not be assigned by either Party without the prior written
consent of the other Party, which consent may not be unreasonably withheld. Any purported assignment
or delegation in violation of this Section 18 (Assignment) will be null and void. This Agreement is
binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns.
19. Third -Party Beneficiaries. Except for successors and permitted assigns, there are no third -
party beneficiaries under this Agreement.
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ME230-1P-933374.v2
THE AXTELL GROUP
20. Governing Law. This Agreement is governed by Minnesota law.
21. Data Practices Act Compliance. Data provided, produced or obtained under this Agreement
shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13. The Axtell Group will immediately report to the Client any requests from third
parties for information relating to this Agreement. The Axtell Group agrees to promptly respond to
inquiries from the Client concerning data requests.
22. Audit. The Axtell Group must allow the Client, or its duly authorized agents, and the state
auditor or legislative auditor reasonable access to the Axtell Group's books, records, documents, and
accounting procedures and practices that are pertinent to all Services provided under this Agreement for a
minimum of six years from the termination of this Agreement.
23. Compliance with Law. Each Party will comply with all applicable laws, regulations, and
ordinances relevant to this Agreement. Each Party has and must maintain in effect the licenses,
permissions, authorizations, consents, and permits that it needs to carry out its activities and obligations
under this Agreement.
24. Invalidity. If any provision of this Agreement is held invalid or unenforceable, or if there is a
change of law or regulation that materially effects any provision of this Agreement, such invalidity,
unenforceability, or change in law or regulation will not impair the validity or enforceability of any other
provisions of this Agreement unless the same vitiates the intent of the Parties. Without limiting the prior
sentence, in the event any provision is held invalid or unenforceable, or is materially changed through
operation of law, the Parties must attempt to agree on a valid, enforceable, and commercially equivalent
provision, as applicable, which must be a reasonable substitution for such invalid, unenforceable, or
materially changed provision in light of the tenor of this Agreement and, on so agreeing, must incorporate
such substitution provision into this Agreement.
25. Notice. Each Party shall deliver all communications in writing either in person, by certified
or registered mail, return receipt requested and postage prepaid, or email (with confirmation of
transmission), or by recognized overnight courier service, and addressed to the other Party at the
addresses set forth above (or to such other address that the receiving Party may designate from time to
time in accordance with this Section 23 (Notice). To constitute effective notice to The Axtell Group, a
courtesy notice must be sent concurrently by e-mail (with confirmation of transmission) to
robertthomasser@theaxtellgroup.com.
26. Waiver. No failure by a Party to take any action with respect to a breach of this Agreement
or default by the other Party will constitute a waiver of the former Party's right to enforce any provision
of this Agreement or to take action with respect to such breach or default or any subsequent breach of
default by such other Party. Nothing in this Agreement is a waiver by a Party of any limitation of liability.
27. Force Majeure. Except for payment of fees and expenses, neither Party may be held liable
or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for
failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay
is caused by or results from causes beyond the reasonable control of the affected party, including but not
limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor
disturbances, or acts of God; provided, however, that the Party so affected shall use reasonable
commercial efforts to avoid or remove such causes of nonperformance as quickly as reasonably possible
and must maintain or continue performance under this Agreement to the maximum extent reasonably
possible and as quickly as such force majeure causes are removed or resolved.
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ME230-1P-933374.v2
THE AXTELL GROUP
28. Requirement of Writing. Any alternations, amendments, deletions, or waivers of the
provisions of this Agreement are valid only when reduced to writing and signed by the Parties.
29. Amendment of Agreement. This Agreement may be amended by further mutual written
agreement of the Parties.
30. Cumulative Remedies. The Rights under this Agreement are cumulative and are in addition
to any other rights and remedies available at law or in equity or otherwise.
31. Entire Agreement. It is understood and agreed that this entire Agreement supersedes all oral
agreements and negotiations between the Parties relating to the subject of this Agreement.
32. Counterparts. The Parties may sign this Agreement in counterparts.
33. Electronic Signatures. The Parties agree that the electronic signature of a Party to this
Agreement is valid as an original signature of such Party and effective to bind that Party to this
Agreement. The Parties further agree that any document (including this Agreement and any attachments
or exhibits to this Agreement) containing, or to which there is affixed, an electronic signature is deemed
(i) to be "written" or "in writing," (ii) to have been signed and (iii) to constitute a record established and
maintained in the ordinary course of business and an original written record when printed from electronic
files. For purposes of this Agreement, "electronic signature" also means a manually signed original
signature that is then transmitted by any electronic means, including without limitation a faxed version of
an original signature or an electronically scanned and transmitted version of an original signature. Any
Party's failure to produce the original signature of any electronically transmitted signature does not affect
the enforceability of this Agreement.
IN WITNESS WHERE OF, the Parties have executed this Agreement, effective the day and year first
written above.
THE CITY OF MEDINA: THE AXTELL GROUP, LLC:
By: By:
Kathleen Martin 'Todd Axtell
Its: Mayor Its: President and CEO
Date:
By:
Scott Johnson
Its: City Administrator
Date:
Date: ,Z9 "ebb 20aif
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ME230-1 P-93 3374.v2
THE AXTELL GROUP
EXHIBIT A
The Proposal
[To be included]
7
ME230-1P-933374.v2
Cates Industrial Park Page 1 of 2 March 6, 2024
Potential Data Acquisition City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: February 29, 2024
MEETING: March 6, 2024 City Council
SUBJECT: Cates Industrial – Potential Data Acquisition Background
The City closed on the purchase of the “Cates parcels” east of Willow Drive and north of
Chippewa Road at the end of 2023. These parcels were previously the subject of several land
use applications requested by Oppidan Investments. As part of those processes, Oppidan had
collected a lot of data and prepared various plans for their application.
Staff contacted Jay Moore from Oppidan about the possibility of getting access to the data. Mr.
Moore indicated support for transferring the information to the City if we would split the cost.
Staff believes the “existing conditions” information is the most helpful because it would be
applicable to any future use of the parcels. The plan data specific to the Cates Industrial project
is substantially more expensive and may not be used for alternative layouts.
Following are the costs provided by Oppidan for the existing condition data:
City Engineer Stremel reviewed the estimated costs and believed they are reasonable estimates
for the data. The survey data and geotechnical information would have a long shelf-life and
could be useful for years to come. The shelf-life for the tree survey is shorter and generally only
accurate for a few years.
Mr. Moore indicated that they had spent well over $100,000 on creation of the proposed plans.
Staff did not believe splitting this cost made sense and did not discuss some lower amount. The
City Council can direct staff to discuss with the developer at some lower cost if there is interest
in the data.
Estimated
Cost 1/2 Cost
Survey data (including topography) 15,000 7,500
Geotechnical information 20,000 10,000
Tree Survey 8,500 4,250
$21,750
MEMORANDUM
Cates Industrial Park Page 2 of 2 March 6, 2024
Potential Data Acquisition City Council Meeting
Staff Recommendation
Staff recommends acquiring the survey data (including topography) and geotechnical data. The
tree survey data may be useful, but because of the shorter shelf-life, would not recommend
splitting that cost. Staff believes acquiring the survey and geotechnical for $17,500 and all three
datasets for an additional $500, totaling the purchase at $18,000 would be cost-effective. It is
recommended to fund the data purchase from the Future Fire Facility Fund, where the Cates land
purchases were funded.
Planning Department Update Page 1 of 2 March 6, 2024
City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: February 29, 2024
MEETING: March 6, 2024 City Council
SUBJECT: Planning Department Updates
Land Use Application Review
A) Meander Park and Boardwalk – Meander Rd, east of Arrowhead Dr – Medina Ventures has
requested another amendment to the Planned Unit Development for the project to add a
mezzanine level to the event venue. This would increase the height of the first story and
increase the overall height of the structure to approximately 50 feet. City regulations do not
currently permit height above 45 feet, so the applicant has requested that the PUD allow for this
height. The Planning Commission held a public hearing at the February 13 meeting. Following
a thorough discussion about potential implications, the Commission unanimously recommended
approval with additional conditions. The applicant is updating plans and preparing
supplemental information as recommended by Planning Commission. Staff will present to
Council when the information is provided.
B) 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.
C) Spotless and Seamless Site Plan Review – 2382 Highway 55 – Spotless and Seamless Exteriors
have requested approval of a Site Plan Review to construct a new warehouse/office building.
The applicant proposes to demolish the existing motel and redevelop the site. The application is
currently incomplete for review and will be scheduled for hearing when necessary information is
submitted.
D) 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.
E) Reiser-Hauser Lot Line Rearrangement – 1622 and 1642 Dusty Drive – Mary Lou and
William Reiser have requested a lot line rearrangement to convey a portion of their property to a
neighbor. Council reviewed and approved on February 6. Staff is working with the owners to
get necessary documents recorded.
F) 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.
G) 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.
MEMORANDUM
Planning Department Update Page 2 of 2 March 6, 2024
City Council Meeting
H) BAPS Site Plan Review – 1400 Hamel Road – BAPS Minneapolis Medina has requested an
amendment to their approved site plan review. The Council approved the amended Site Plan
Review at the December 6, 2022 meeting. The applicant has submitted site/civil construction
plans for review and has indicated that they may move forward with site work in the spring of
2024. The applicant has indicated that building construction likely would not begin until the
spring of 2024.
I) Hamel Townhomes Final Plat – 342 Hamel Rd – Hamel Townhomes, LLC has requested final
plat approval for a 30-unit townhome development. The Council granted final plat approval on
August 16. Staff will work with the applicant to finalize documents prior to beginning of
construction.
J) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling
has requested a Site Plan Review for an approximately 5,000 square foot addition to its building.
The application is incomplete for review and will be scheduled for a hearing when complete.
K) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting
final plat application.
Other Projects
A) 4612 County Road 116 – Staff intends to initiate a rezoning for this vacant property which is
currently being marketed. The parcel was zoned RR-UR because it used to contain a home on a
septic system. Utilities have now been stubbed from the Reserve of Medina near the site, and
staff believes an R1 zoning district is more appropriate because the site ought to be connected to
the City system. The Planning Commission held a public hearing at the February 13 meeting
and unanimously recommended approval.
B) Enforcement Actions – Staff is working on three enforcement matters.
C) Out of Office – I will be having shoulder surgery on March 6. I anticipate being out for post-op
recovery until March 15 and hope to return to work after, potentially with some limitations.
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: February 29, 2024
RE: Department Updates
On February 19th Officers Paul Elmstrand and Matthew Ruge along with Fire Paramedic Adam
Finseth were killed in the line of duty and Sergeant Adam Medlicott was also shot after responding to
a domestic call. These heroes were just doing their jobs and it is the grim reality of what could happen
to any of us when we put on the uniform every day. This does not deter us from continuing to do our
jobs; as a matter of fact, it makes our police and fire families stronger and gives us more conviction to
protect and serve. It truly is the ultimate sacrifice and something I hope that we never have to deal
with in Medina.
On February 24th our agency had the honor to assist the Woodridge Church with a private service for
Officer Paul Elmstrand. Officer Elmstrand and his wife Cindy are members of the congregation at
Woodridge Church. Over 1,000 people showed up to show their respects at a private service for
family, close friends, Burnsville Police and Fire, and the congregation. This was an all-hands-on-deck
event for our department, and we could not have accomplished all this without the assistance of Chief
Fadden from the Plymouth Police Department and all its personnel. This was one of the largest
operational and logistical events that I have ever been involved in Medina. It was a beautiful service
that was very touching. I am proud of how everyone stepped up to make the event a success.
On February 27th Officer Converse worked his final shift. His official retirement date is February 29th.
We honored Keith’s last day by having a party which was well attended. We will sure miss Keith but
are happy that he is moving on to the next chapter of his life. His next full-time job is being a
grandparent and working on the honey-do list.
On February 28th, we held the annual West Metro Drug Task Force luncheon. This is where we thank
the members for the great work from the previous year and acknowledge those that completed their
time on the task force for their agencies. This is really the only exposure that area City Councils have
to those that are working undercover. As you know, due to the nature of their job, most of what they
do goes unnoticed or unreported to the council or the community.
Patrol:
The following are updates of Patrol Officers between February 13, 2024, and February 27, 2024:
Citations – 28 Warnings – 151 PD Accidents – 4
PI Accidents – 3 Medicals – 16 Falls – 2
Suspicious Calls – 11 Traffic Complaints – 6 Other Agency Assists – 19
Business/Residential Alarm - 6 Welfare Checks - 2 Disturbance Calls - 1
On 02/14/2024 at 0848 hours officer was dispatched to take a burglary report at a residence in the 200
block of Hamel Road. Homeowner reported someone had forced entry into a detached garage on the
property but reported nothing known to have been taken at this time.
On 02/14/2024 at 2232 hours officer was dispatched to assist HCSO on a missing person report.
Female reported her husband had gone fishing earlier in the day and had not yet returned. Victim’s
vehicle was found at the Baker Park boat launch parking area. HCSO eventually located the males
ATV running on the lake near open water. The male was later discovered deceased in open water on
the southwest portion of the lake.
On 02/16/2024 at 0907 hours officer was dispatched to a theft report in the 2600 block of Hamel Road.
Victim reported to have had $56,000 in cryptocurrency stolen through a phishing scam. Victim
provided documentation to the officer. Victim was provided identity theft information, and the case
will be forwarded to Investigations for follow up.
On 02/17/2024 at 2331 hours officers responded to assist HCSO on an attempted robbery at the Tower
Terrace Trailer Park near Rockford. Victim reported a male with a knife had attempted to steal his
vehicle. HCSO arrived in the area to observe the suspect running on foot from the trailer park.
Medina officers along with multiple other agencies assisted in responding and setting up a perimeter in
the area to contain the suspect. Shortly after the MN State Patrol helicopter arrived in the area the
suspect turned himself in to an officer on the perimeter and was taken into custody without incident.
On 02/18/2024 at 1649 hours officers were dispatched to shots heard in the area of 1400 block of
Blackfoot Trail. Upon arriving in the area officer determined the shots to be coming from the area of
Chestnut Road. Officers responded to this area and located a homeowner and friends who had been
trap shooting on their property in conformance with city ordinance. Reporting party was advised.
On 02/20/2024 at 2031 hours officers were dispatched to a reported barn fire in the 4500 block of
Willow Drive. Upon arriving officers found active flames coming from a roof on the property. West
Suburban Fire, along with other fire departments, responded and were able to get the fire under control
and extinguished. While officers were on scene an officer recognized an enclosed trailer that had been
reported stolen from a different property in Medina in January of this year. Officers also located
equipment in plain view similar to equipment that had been reported stolen. A search warrant was
obtained for the property and officers located multiple pieces of equipment that had been reported
stolen. Two adult males were arrested and booked at Hennepin County Jail.
On 02/25/2024 at 1511 hours officers responded to an attempted theft in the 300 block of Lorenz
Street in Loretto. Homeowner reported someone had attempted to steal his dog that was tied up in his
yard. Victim provided a vehicle description to officers which was last seen northbound on County
Road 19, but officers were unable to locate the suspect vehicle. The dog was not harmed.
On 02/27/2024 officers were dispatched to a welfare check of a person believed to be illegally riding
on a train westbound on the CP railroad. Officers located the female walking along the tracks in the
area of Pioneer Trail. She admitted she was homeless and had gotten onto the train in St. Paul.
Officers helped her contact a family member who came and picked her up.
Investigations:
Sent 5th degree criminal sexual conduct case in for charging.
Received a cryptocurrency theft case.
Received responses on multiple subpoena’s and conducted follow-up.
Called in for stolen property located at a fire. Arrested two parties on scene and wrote a search warrant
for the property. Recovered stolen items. Wrote an additional search warrant for a storage unit and
recovered more stolen property; all of which was from a previous theft case that was assigned to me.
Attended Corner House interview for juvenile victim. Continuing to work on the case.
Received a theft case from Target with an identified suspect. Sent report to Coon Rapids for
aggregation.
Received a MAARC report and made contact with parties involved. No crime. Worked with parties on
solution and closed case.
Received and closed out a CPS report.
Attended the funeral of the fallen Burnsville Officers and Firefighter/Paramedic.
Investigations currently has 12 open/active cases.
1
TO: Honorable Mayor and City Council
FROM: Steve Scherer, Public Works Director
DATE: February 26, 2024
MEETING: March 6, 2024
SUBJECT: Public Works Update
Streets
• Seasonal weight restrictions were posted on city streets on Wednesday, February 21st
and will remain in effect until the streets are stable.
• Public Works has been cutting brush along the roadways and trails.
• Feasibility reports are in process for the upcoming 2024 street projects.
• Road material bids are in your packet for approval. Paving prices are generally lower
than 2023. We will utilize Omann Bros. for milling and reclaiming to keep
consistency in ownership of the paving projects, even though they are not low bid on
those items.
Water/Sewer/Stormwater
• I met with WSB at the treatment plant once more to put together a proposal for the
treatment plant expansion.
• Public Works has been very busy installing the new radios as we’ve been awaiting
our upgraded reading system.
• Public Works is several weeks into the EPA mandated lead waterline project and is
making good progress on both the city and homeowner portion of the service line
identification inventory.
Parks/Trails
• With the weather warming up I received calls to open the pickle ball courts, which are
now up and running. It is very early in the year and signage with the new hours has
not yet been made.
• We started staking the new Deer Hill trail easement to help Public Works begin the
process of planning and installing the first leg of the trail corridor.
• Bid proposals for lawn and grounds are in your packet for the 2024-26 seasons.
• I will be working with HAC on the 2024 grounds contract as soon as we award the
mowing contract (so we have accurate financial data for the season).
Miscellaneous
• I will be out of the office on vacation from February 29 through March 8.
MEMORANDUM
ORDER CHECKS FEBRUARY 20, 2024 – MARCH 6, 2024
055411 BRAUN, ROBERT .................................................................... $5,300.00
055412 HENNEPIN COUNTY TREASURER ............................................... $7.50
055413 ADVANCED GRAPHIX INC .......................................................... $69.50
055414 CROW RIVER NEWS ................................................................... $78.60
055415 ECM PUBLISHERS INC ................................................................ $49.35
055416 GROUP HEALTH NON-PATIENT A/R .......................................... $45.00
055417 HAWKINS INC. ......................................................................... $3,200.62
055418 KENNEDY & GRAVEN CHARTERED ..................................... $9,512.18
055419 MAPLE PLAIN FIRE DEPT. ..................................................... $8,268.75
055420 MN CHIEFS OF POLICE ASSN ............................................... $1,860.00
055421 MOTOROLA SOLUTIONS INC ................................................ $1,445.00
055422 NAPA OF CORCORAN INC ............................................................ $8.19
055423 ROLF ERICKSON ENTERPRISES INC ................................... $9,958.00
055424 STANDARD INSURANCE COMPANY .................................... $1,223.45
055425 STREICHER'S .......................................................................... $2,119.93
055426 SUN LIFE FINANCIAL ................................................................. $779.25
055427 TEGRETE CORP ..................................................................... $1,418.00
055428 TITLESMART, INC ........................................................................ $64.99
055429 SSI MN TRANCHE 1 #10322006 ............................................. $1,318.38
055430 SSI MN TRANCHE 3 #10327096 ............................................. $1,476.24
Total Checks $48,202.93
ELECTRONIC PAYMENTS FEBRUARY 20, 2024 – MARCH 6, 2024
007196E ELAN FINANCIAL SERVICE .................................................... $6,683.36
007197E MEDIACOM OF MN LLC .......................................................... $1,120.95
007198E MINNESOTA, STATE OF ......................................................... $1,868.00
007199E CENTERPOINT ENERGY ........................................................ $4,795.55
007200E DELTA DENTAL ....................................................................... $3,201.51
007201E GREAT AMERICA FINANCIAL SERVI ....................................... $178.95
007202E CITY OF PLYMOUTH .............................................................. $1,047.80
007203E WRIGHT HENN COOP ELEC ASSN ....................................... $2,768.33
007204E FARMERS STATE BANK OF HAMEL ........................................ $150.00
Total Electronic Checks $21,814.45
PAYROLL DIRECT DEPOSITS FEBRUARY 28, 2024
0513393 METTAYER, STEPHEN A .................................................$945.35
0513394 ALTENDORF, JENNIFER L. ........................................... $1,471.06
0513395 BARNHART, ERIN A. ................................................... $3,182.08
0513396 BOECKER, KEVIN D. ................................................... $4,078.87
0513397 CONVERSE, KEITH A. ................................................. $3,366.51
0513398 DEMARS, LISA .......................................................... $1,682.89
0513399 DION, DEBRA A. ........................................................ $2,259.06
0513400 ENDE, JOSEPH ......................................................... $2,597.54
0513401 FINKE, DUSTIN D. ...................................................... $3,274.86
0513402 GLEASON, JOHN M. ................................................... $2,389.38
0513403 GREGORY, THOMAS .................................................. $3,064.62
0513404 GROTH, BRENNA L .................................................... $1,493.68
0513405 HALL, DAVID M. ......................................................... $3,026.98
0513406 HANSON, JUSTIN ....................................................... $2,651.71
0513407 JOHNSON, SCOTT T. .................................................. $2,808.61
0513408 KLAERS, ANNE M. ...................................................... $1,801.17
0513409 LEUER, GREGORY J. .................................................. $1,994.22
0513410 MCGILL, CHRISTOPHER R. ........................................... $3,505.50
0513411 MCKINLEY, JOSHUA D ................................................ $3,279.37
0513412 MYHRE, JORDAN J ..................................................... $2,980.78
0513413 NELSON, JASON ....................................................... $3,223.78
0513414 RATKE, TREVOR J ..................................................... $2,240.70
0513415 REINKING, DEREK M .................................................. $2,278.42
0513416 RUCKE, MARIA ......................................................... $1,972.54
0513417 SCHEIBE, CONNIE L ................................................... $1,483.81
0513418 SCHERER, STEVEN T. ................................................ $2,864.63
0513419 VINCK, JOHN J .......................................................... $3,345.85
0513420 VOGEL, NICHOLE .........................................................$820.81
0513421 WALKER, CAITLYN M. ................................................. $2,286.94
0513422 WIESE, TANNER ........................................................ $2,498.13
0513423 WOESTEHOFF, CHRISTOPHER ..................................... $2,122.31
0513424 BURSCH, JEFFREY .................................................... $1,883.38
Total Payroll Direct Deposit $78,875.54