HomeMy Public PortalAbout06.16.2015 City Council Meeting PacketMEDINA
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, June 16, 2015
7:00 P.M.
Medina City Hall
2052 County Road 24
Meeting Rules of Conduct:
• Fill out and turn in white
comment card
• Give name and address
• Indicate if representing a group
• Limit remarks to 3-5 minutes
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the June 2, 2015 Regular Council Meeting
V. CONSENT AGENDA
A. Approve Temporary Liquor License to We Can Ride, Inc. on August 22, 2015 at 2825 Willow
Drive
B. Approve Temporary Liquor License to MN350.org on July 31, 2015 at 1700 Deer Hill Road
C. Approve Seal Coating Services Agreement with Pearson Brothers, Inc.
D. Approve Trail Seal Coating Services Agreement with Gopher State Sealcoat, Inc.
E. Resolution Approving Variance and Site Plan Review for Aldi, Inc. to Construct a Grocery Store
at 100 Westfalen Trail
F. Resolution Approving Conditional Use Permit for Wright -Hennepin Cooperative Electric
Association to Install Ground Mounted Solar Equipment at 4315 Willow Drive
G. Resolution Reversing Independence Beach Assessment for Second Parcel at 3025 Lakeshore
Avenue
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATIONS
A. CenterPoint Energy Community Partnership Grant
VIII. NEW BUSINESS
A. Mediacom Build -out Map
B. 2015 Street Improvement Project — Tower/Hamel/Kilkenny — Request for Change Order No. 1
C. Ordinance Amending Sections of Chapter 7 of the Code of Ordinances Regarding Public and
Private Utilities
1. Resolution Authorizing Publication of the Ordinance by Title and Summary
IX. CITY ADMINISTRATOR REPORT
X. MAYOR & CITY COUNCIL REPORTS
XI. APPROVAL TO PAY BILLS
XII. ADJOURN
Posted 6/12/2015 Page 1 of 1
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: June 11, 2015
DATE OF MEETING: June 16, 2015
SUBJECT: City Council Meeting Report
V. CONSENT
A. Approve Temporary Liquor License to We Can Ride, Inc. on August 22, 2015 at 2825
Willow Drive — All paperwork and fees are in order. Staff recommends approval.
No attachments for this item.
B. Approve Temporary Liquor License to MN350.org on July 31, 2015 at 1700 Deer Hill
Road — All paperwork and fees are in order. Staff recommends approval.
No attachments for this item.
C. Approve Seal Coating Services Agreement with Pearson Brothers, Inc. — The Contractor
will perform seal coating services per the attached agreement for the City in 2015.
Pearson Brothers, Inc. was the low bid for seal coating on the road material bids that the
City Council approved at the March 17th meeting. Staff recommends approval.
See attached agreement.
D. Approve Trail Seal Coating Services Agreement with Gopher State Sealcoat, Inc. — The
Contractor will perform trail seal coating services per the attached agreement for the City
in 2015. Staff recommends approval.
See attached agreement.
E. Resolution Approving Variance and Site Plan Review for Aldi, Inc. to Construct a
Grocery Store at 100 Westfalen Trail — The City Council reviewed this application on
June 2nd and requested that staff prepare the attached resolution for approval. Staff
recommends approval.
See attached resolution.
F. Resolution Approving Conditional Use Permit for Wright -Hennepin Cooperative Electric
Association to Install Ground Mounted Solar Equipment at 4315 Willow Drive — The
City Council reviewed this application on June 2nd and requested that staff prepare the
attached resolution for approval. Staff recommends approval.
See attached resolution.
G. Resolution Reversing Independence Beach Assessment for Second Parcel at 3025
Lakeshore Avenue — Staff recommends approval of the resolution reversing the
Independence Beach Assessment for the second parcel at 3025 Lakeshore Avenue.
See attached resolution.
VII. PRESENTATIONS
A. CenterPoint Energy Community Partnership Grant- The City was awarded a $700.00
grant from CenterPoint Energy for a defibrillator for the Police Department.
Representatives from CenterPoint Energy will be at the June 16th Medina City Council
meeting to present the check to the City.
See attached memo.
VIII. NEW BUSINESS
A. Mediacom Build -out Map — Staff will bring forward the information for discussion at
the 6 PM Work Session. Staff recommends that the City Council review the proposed
construction map and provide any comments. Staff would further recommend that the
Council not yet approve the construction plans and direct staff to work cooperatively
with Mediacom representative to reach mutual agreement on the construction plans.
See attached map.
Recommended Motion: To not approve the construction plan from
Mediacom. The proposed plan does not appear to be in compliance with the
franchise agreement and leaves 22 homes unserved. Staff is directed to work
cooperatively with Mediacom to reach mutual agreement on the construction
plans.
B. 2015 Street Improvement Project — Tower/Hamel/Kilkenny — Request for Change Order
No. 1— The Tower Drive project includes the excavation of hazardous materials for a
ponding area within the Raskob property. Asbestos containing materials (ACM's) were
discovered during the contractor's initial excavations within this area. Three quotes
were received to excavate the asbestos materials. This work includes a significant portion
of the volume initially included in the project to excavate and dispose of the known
hazardous materials. Therefore, the net increase to the project cost is anticipated to be a
maximum of $135,495 ($220,495 less the $85,000 already included in the bid).
See attached memo and change order.
Recommended Motion: Approve request for Change Order No. 1
C. Ordinance Amending Sections of Chapter 7 of the Code of Ordinances Regarding Public
and Private Utilities — Staff recommends amending Chapter 7 of the Code of Ordinances
regarding Public and Private Utilities for the City of Medina. The ordinance provides a
comprehensive revision of the public and private utilities to bring them up-to-date with
current standards.
See attached memo, ordinance and resolution.
2
Recommended Motion # 1: Adopt Ordinance Amending Sections of Chapter
7 of the Code of Ordinances Regarding Public and Private Utilities
Recommended Motion # 2: Adopt Resolution Authorizing Publication of the
Ordinance by Title and Summary
XI. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 003176E-003199E for $46,378.45,
order check numbers 42921-42987 for $389,313.47, and payroll EFT 506440-506471 for
$47, 669.02.
INFORMATION PACKET
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
3
DRAFT
2
3 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 2, 2015
4
5 The City Council of Medina, Minnesota met in regular session on June 2, 2015 at 7:00
6 p.m. in the City Hall Chambers. Mayor Mitchell presided.
7
8 I. ROLL CALL
9
10 Members present: Anderson, Cousineau, Pederson, and Mitchell.
11
12 Members absent: Martin.
13
14 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
15 Tom Kellogg, City Planner Dusty Finke, City Finance Director Erin Barnhart, Public
16 Works Director Steve Scherer, Chief of Police Ed Belland, and Recording Secretary
17 Amanda Staple.
18
19 II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
20
21 III. ADDITIONS TO THE AGENDA (7:01 p.m.)
22 Johnson requested to add an item to the agenda under Old Business, Item A, titled Sale
23 of $1,765,000 General Obligation Improvement Bonds Series 2015A for the Tower Drive
24 Improvement Project.
25
26 Moved by Anderson, seconded by Cousineau, to approve the agenda as amended.
27 Motion passed unanimously.
28
29 IV. APPROVAL OF MINUTES (7:01 p.m.)
30
31 A. Approval of the May 19, 2015 Special City Council Meeting Minutes
32 Moved by Pederson, seconded by Cousineau, to approve the May 19, 2015 special City
33 Council meeting minutes as presented. Motion passed unanimously.
34
35 B. Approval of the May 19, 2015 Regular City Council Meeting Minutes
36 It was noted on page two, line 50, it should state, "...suggested that on the first
37 resolution we add a fourth item be added..." On page three, line 31, it should state,
38 "...project cost is split in two portions halves..."
39
40 Moved by Pederson, seconded by Cousineau, to approve the May 19, 2015 regular City
41 Council meeting minutes as amended. Motion passed unanimously.
42
43 V. CONSENT AGENDA (7:04 p.m.)
44
45 A. Approve 2015-2016 Liquor License Renewals
46 B. Approve Curb and Concrete Installation Services Agreement with Schmidt
47 Curb Co. Inc.
48 C. Resolution No. 2015-44 Supporting a Minnesota Pollution Control Agency
49 Clean Water Partnership Grant Application for the Ardmore Avenue
50 Stormwater Retrofit Water Quality Improvement Project
Medina City Council Meeting Minutes 1
June 2, 2015
1 D. Resolution No. 2015-45 Approving Master Subscriber Agreement for
2 Minnesota Court Data Services with the State of Minnesota
3 Moved by Anderson, seconded by Pederson, to approve the consent agenda. Motion
4 passed unanimously.
5
6 VI. COMMENTS (7:05 p.m.)
7
8 A. Comments from Citizens on Items not on the Agenda
9 Don Gasper, Deer Hill Road, stated that there has recently been discussion regarding
10 development near Deer Hill Road and Homestead Trail. He stated that comments have
11 been made that the road is not going to go through, or be improved, because the Mayor
12 and his relatives own land/right-of-way in that area. He believed the road should go
13 through and be improved as he believed that there is a safety issue. He stated that the
14 current materials the roadway is composed of are not appropriate and even school
15 buses cannot use the roadway. He stated that the increased access will assist the
16 residents in that area and increase the value of their homes. He also hoped that the
17 improved access the roadway would provide could also mean that additional utilities
18 could be made available to those residents. He stated that Deer Hill Road should be
19 improved. He did not believe that the Mayor should be discussing or commenting on the
20 issue of Deer Hill Road because he owns a lot of right-of-way and therefore has a
21 conflict of interest.
22
23 Mitchell stated that while the Council has heard a concept plan for that development
24 from PRDC, the formal application will come before the Planning Commission in July of
25 2015. He agreed that he owns land on Deer Hill Road and stated that he has disclosed
26 that he owns that property to the other members of the Council and to staff. He stated
27 that he has not determined there to be a conflict of interest at this point.
28
29 Gasper believed that there would be a conflict of interest for Mitchell and believed that
30 the Council should vote on the conflict of interest before the item is formally discussed.
31
32 B. Park Commission
33 Scherer reported that the park tour was held on May 20th and reviewed the parks that
34 were toured by the Commission. He stated that the Park Commission will review the
35 notes from the tour and then add items onto the CIP when the budgeting process
36 begins. He noted that additional maintenance items may also be added for staff.
37
38 C. Planning Commission
39 Finke reported that the Planning Commission will meet the following week to conduct a
40 public hearing for a Site Plan review for a proposed Goddard School on Clydesdale
41 Trail. He stated that the Commission will also have a discussion regarding the potential
42 administrative review of commercial development, which had been proposed during the
43 business forum.
44
45 VII. OLD BUSINESS
46
47 A. Sale of $1,765,000 General Obligation Improvement Bonds Series 2015A for
48 the Tower Drive Improvement Project (7:12 p.m.)
49 Stacie Kvilvang presented the sale of $1,765,000 in general obligation improvement
50 bonds for the Tower Drive improvement project. She noted that the City was able to
51 affirm the Aa2 rating with a stable outlook and reported that the City received four bids.
Medina City Council Meeting Minutes 2
June 2, 2015
1 She stated that the lowest responsible bidder was Northland Securities with a true
2 interest cost of 4.65 percent.
3
4 Anderson questioned if there will be a cost savings to the City.
5
6 Kvilvang confirmed that there will be a cost savings to the City with the lower interest
7 rate.
8
9 Mitchell questioned if there would be a call date for the bonds.
10
11 Kvilvang stated that these would be 15 year bonds with an eight year call date. She
12 explained that after eight years the bonds could be prepaid, paid in full or refinanced.
13
14 Moved by Anderson, seconded by Pederson, to adopt Resolution No. 2015-46 Awarding
15 the Sale of General Obligation Capital Improvement Plan Bonds, Series 2015A, in the
16 Original Aggregate Principal Amount of $1,765,000; Fixing Their Form and
17 Specifications; Directing Their Execution and Delivery; and Providing for Their Payment.
18 Motion passed unanimously.
19
20 B. Medina Golf & Country Club — General PUD, CUP Amendment and Site Plan
21 Review (7:15 p.m.)
22 Finke noted that this item had been tabled at the May 19th meeting in order for the
23 applicant to provide additional information requested by the Council. He stated that in
24 the interim the applicant has updated the proposed materials from metal to cement
25 board siding, which is an allowable material.
26
27 Cousineau questioned if this would look similar to the pool building.
28
29 McManus confirmed that this aesthetic would be very similar to the pool building.
30
31 Mitchell reviewed additional language provided through writing by Martin who was
32 unable to attend the meeting tonight. He referenced the comment regarding outside
33 storage and confirmed that the applicant would not be opposed to having a condition
34 added regarding the limitation on outside storage.
35
36 Pederson recused himself from the item.
37
38 1. Ordinance No. 579 Amending the Villas at Medina Country Club Planned
39 Unit Development District for the Medina Golf & Country Club
40 Moved by Cousineau, seconded by Anderson, to approve Ordinance No. 579 Amending
41 the Villas at Medina Country Club Planned Unit Development District for the Medina Golf
42 & Country Club, with the additional comments and conditions discussed. Motion
43 passed unanimously.
44
45 Pederson rejoined the Council.
46
47 2. Resolution No. 2015-47 Authorizing Publication of Ordinance No. 579 by
48 Title and Summary
49 Moved by Cousineau, seconded by Anderson, to approve Resolution No. 2015-47
50 Authorizing Publication of Ordinance No. 579 by Title and Summary. Motion passed
51 unanimously.
Medina City Council Meeting Minutes 3
June 2, 2015
1
2 3. Resolution No. 2015-48 Approving a Conditional Use Permit and Site
3 Plan Review to Construct Certain Accessory Buildings at the Medina
4 Golf & Country Club
5 Moved by Cousineau, seconded by Anderson, to approve Resolution No. 2015-48
6 Approving a Conditional Use Permit and Site Plan Review to Construct Certain
7 Accessory Buildings at the Medina Golf & Country Club. Motion passed unanimously.
8
9 VIII. NEW BUSINESS
10
11 A. Aldi — Site Plan Review and Hardcover Variance — 3522 Sioux Drive — Public
12 Hearing (7:22 p.m.)
13 Finke presented a request from Aldi to construct a 17,825 square foot grocery store. He
14 identified the proposed parcel and noted that the Planning Commission did review the
15 application at their meetings in both April and May and ultimately recommended denial
16 of the variance request. He stated that the property lies within the Elm Creek Shoreland
17 Overlay District which has more stringent requirements. He reviewed the requests
18 before the Council which include a variance from the hardcover requirement as well as a
19 Site Plan review. He provided information regarding the adjacent properties and noted
20 that staff did request that the applicant provide an access to the neighboring parcel,
21 which the applicant has provided. He stated that the applicant has changed the
22 proposed access and has reduced the number of trees proposed for removal in order to
23 address comments made by the Planning Commission. He reviewed the tree
24 preservation and landscaping as proposed and compared those figures to the City
25 requirements. He noted that the applicant has hired an arborist that has identified poor
26 quality Boxelder trees along the streambank and is proposing to exempt those trees
27 from the number removed because of the poor quality. He reviewed the
28 recommendations made by the Planning Commission and noted that the applicant has
29 submitted an updated plan which was not reviewed by the Planning Commission. He
30 stated that the applicant reduced the number of parking stalls by eight, which now falls
31 within the City parking requirements; added a sidewalk connection, to better reflect the
32 character of the area; and the hardcover was reduced as a result of the parking
33 reduction which allows for additional space for stormwater treatment and which now
34 exceeds the minimum stormwater requirements of the district.
35
36 Dennis Hedtke stated that he owns the property located at 3522 Sioux Drive, the
37 proposed site of the Aldi store, noting that he took possession of the property in 1979
38 and is asking the Council to work with Aldi in order for the project to move forward. He
39 stated that he came before the Council on August 7, 2013 to receive a rezoning of the
40 property and has worked with Aldi for over ten months in order to create this proposal for
41 the store. He noted that this is a very challenging development because of the Elm
42 Creek Shoreland Overlay District requirements. He identified a neighboring property
43 which received a 50 percent hardcover variance for their site and asked that a similar
44 allowance be granted for this property in order to allow for development. He did not
45 believe that he would be able to find another party interested in developing the property
46 because of the tank spillage that occurred from a neighboring property and because of
47 the increased requirements resulting from the Elm Creek Shoreland Overlay District. He
48 stated that he has spoken with some of the neighbors and the residents at Gramercy are
49 very supportive of this request as they believe this would suit their needs for grocery
50 shopping.
51
Medina City Council Meeting Minutes 4
June 2, 2015
1 Andrew Mack, Director of Real Estate for Aldi, stated that they have worked hard with
2 the property owner and staff for the past year in order to create this proposal. He noted
3 that they have worked closely with staff and the Watershed in order to improve the
4 streambank and condition of the site through the development of this site.
5
6 Andy Brandel, ISG, thanked staff, specifically Finke, for his efforts during this process.
7 He stated that an updated version of the plan has been provided to the Council which
8 incorporates the comments and concerns of the Planning Commission and Elm Creek
9 Watershed. He highlighted some of the proposed changes which were mentioned by
10 Finke including the reduction of parking stalls to meet the requirement of the City. He
11 stated that the reduction in parking also reduces the amount of hardcover and provides
12 additional space for stormwater treatment. He stated that the proposed access was also
13 changed reconfiguring the access and extending the sidewalk in order to make the area
14 feel more like a city street. He reported that the Elm Creek Watershed District has
15 provided a letter of support for the request with the condition that three additional trees
16 be planted in a specific area. He stated that along with this project they will also be
17 conducting 500 feet of streambank improvement and additional stormwater treatment
18 along Highway 55 which is not required.
19
20 Mitchell stated that he received written comments from Martin asking about modulation
21 and/or a mix of building materials on the west elevation as well as the proposed
22 screening of the rooftop equipment.
23
24 Finke stated that in gross the proposal meets the minimum modulation standards of the
25 district.
26
27 Brandel described the modulation and provided examples of the materials proposed. He
28 stated that the plan includes the proposed rooftop screening materials which are
29 typically used for the stores.
30
31 Anderson questioned if the plans for the new road coming in would include striping.
32
33 Brandel stated that there is not striping shown but noted that they would be agreeable to
34 striping.
35
36 Anderson stated that the roadway should be striped.
37
38 Cousineau questioned if the trees on the north side of Elm Creek would have to be
39 removed or whether that is simply being done for visibility.
40
41 Brandel stated that they are removing some of the trees for visibility purposes.
42
43 Cousineau stated that perhaps a smaller amount of trees could be removed while still
44 providing visibility.
45
46 Mack stated that they would need a certain percentage of visibility in order to be a viable
47 retail location.
48
49 Brandel noted that a number of the poor quality trees are also located in that area.
50
51 Mitchell opened the public hearing at 7:58 p.m.
Medina City Council Meeting Minutes 5
June 2, 2015
1
2 Jim Tiller, Treasurer of Arnt Hamel Property LLC which is the adjacent property, stated
3 that Arnt Property is in favor of the application especially with the addition of the private
4 street easement. He did not believe that the receipt of the private street easement
5 should not mean that the Highway 55 access for Arnt Property should automatically
6 close. He stated that while he appreciates the private street easement, he had concern
7 that MnDOT could possibly close that access without input if that easement is provided.
8 He stated that he has also asked Aldi for a sign easement in the southwest corner of
9 their property in order to provide direction for future development of the Arnt property.
10
11 Mitchell closed the public hearing at 8:03 p.m.
12
13 Mitchell stated that if the hardcover variance were not to be issued, the approval process
14 would stop but if the hardcover variance is agreed upon the approval could move
15 forward. He stated that the new plan has not been reviewed by the Planning
16 Commission and could also be sent back for their input.
17
18 Anderson stated that normally he would send this back to the Planning Commission
19 because they have not seen this plan and had a strong opinion against the original plan.
20 He stated that in this instance he believes that the applicant has addressed the concerns
21 of the Commission and therefore believed that the Council could continue the review.
22
23 Cousineau agreed with the comments made by Anderson as the majority of the
24 comments of the Planning Commission had been addressed. She noted that she does
25 have a concern with the tree removal.
26
27 Anderson noted that the Planning Commission could review this item the following week
28 and the item could return to the Council at the next meeting.
29
30 Mitchell believed that this review could continue at the Council level without returning to
31 the Planning Commission. He stated that he has visited the site and agreed that there
32 were poor quality trees in the area proposed for removal. He stated that cutting those
33 junk trees and replacing with new trees would be an improvement, noting that he would
34 rather have fewer trees in better condition.
35
36 Pederson agreed that the poor quality trees should be removed and stated that he does
37 not have a problem with the proposed removal as the Watershed has given their
38 support. He also believed that a highway commercial property should have visibility.
39
40 Mitchell stated that the screening materials for the rooftop equipment look ordinary and
41 he would like that to be done in a more architectural manner. He believed that the
42 modulation of the west side of the building was sufficient. He questioned if additional
43 streambank work should be required or whether that aspect should fall under the
44 authority of the Watershed.
45
46 Finke stated that the physical streambank restoration is one aspect while the vegetation
47 removal is another, explaining that the vegetation is proposed for removal with
48 replacement by a physical streambank restoration.
49
50 Mitchell confirmed the consensus of the Council that the applicant replants vegetation
51 along the streambank where vegetation is removed.
Medina City Council Meeting Minutes 6
June 2, 2015
1
2 Brandel confirmed that there is a planting plan for streambank vegetation.
3
4 Mitchell stated that he would like to see the applicant and staff work together to
5 determine the number of trees that will be removed and replaced as well as the
6 replacement of streambank vegetation.
7
8 Brandel stated that they had not received formal requirements regarding the tree
9 replacement and noted that they fully intend to meet the tree replacement standards if
10 this application does not do that.
11
12 Cousineau questioned if staff can work with the applicant regarding tree placement for
13 those trees that will be replaced.
14
15 Finke stated that typically the ordinance does not specify where trees will be replanted
16 but noted that the City would have more authority because of the Elm Creek Shoreland
17 Overlay District.
18
19 Mitchell asked if the applicant has a preference regarding the development of the future
20 roadway which may or may not occur.
21
22 Brandel stated that they would prefer a petition for waiver similar to what the property
23 across the street received.
24
25 Batty noted that would also be the preference of the City. He provided additional
26 information on the waiver process and noted that if the roadway develops in the
27 timeframe specified in the agreement, the improvement project would be fully assessed
28 to those properties.
29
30 Mitchell referenced the potential conditions and suggested amendments. He referenced
31 condition 2A and suggested additional language specifying that the applicant work with
32 City staff regarding which trees are to be removed, what and where the new trees are to
33 be placed, and regarding the streambank vegetation. He also suggested additional
34 language regarding the petition and waiver for the future roadway. He suggested an
35 additional condition that would specify that the rooftop screening of mechanic equipment
36 be in a pleasing architectural style similar to the building.
37
38 Anderson also suggested a condition that the applicant stripe the left turn lane and
39 easement road.
40
41 Moved by Anderson, seconded by Cousineau, to direct staff to prepare a resolution for
42 approval for the Aldi Site Plan review and hardcover variance requests based on the
43 findings that the criteria for a variance have been met and based on the findings and
44 conditions specified by the staff report and modified by the discussion of the Council.
45 Motion passed unanimously.
46
47 B. Highway 55/County Road 116 Intersection Layout (8:24 p.m.)
48 Johnson presented the layout for the proposed Highway 55 and County Road 116
49 intersection. He noted that representatives from Hennepin County are present to
50 provide clarification on the proposed changes from the previously approved design to
51 this proposed design.
Medina City Council Meeting Minutes 7
June 2, 2015
1
2 Kristy Morter, Hennepin County, recognized the significant delay to the traffic traveling
3 southbound on County Road 116 during the peak morning hours. She also
4 acknowledged the dated signal equipment. She provided background information noting
5 that the County hired TKDA in 2011 to create a plan for the intersection which was
6 approved in 2012. She summarized the design process and noted that these plans
7 proposed tonight incorporate the comments received in regard to the 60 percent plans
8 submitted in September 2014. She stated that the County, City and MnDOT met in April
9 and committed to 2017 construction. She noted that approval of these plans would be
10 needed in order to move forward with the project.
11
12 Tim Chalupnik, TKDA, compared the previously approved plans to the plans as
13 proposed today, noting that the comments from MnDOT have been incorporated. He
14 discussed the changes that were made to the plans which would change the driveway
15 used to access businesses such as the Countryside Cafe and McDonald. He stated that
16 in addition to the proposed modifications, the driveway would become a City street
17 rather than a driveway.
18
19 Johnson stated that the City and County had a discussion with McDonald's the previous
20 week and the business was adamant that they would need a right -out onto Highway 55.
21 He noted that Hennepin County stated that they would discuss that option internally.
22
23 Tim Breuers, Hennepin County, stated that discussion is still occurring. He noted that
24 McDonald's has remained adamant that they would like the right -out onto Highway 55.
25
26 Chalupnik reviewed the design modifications to CR 116 which would reduce northbound
27 CR 116 to one lane in order to redesign the median and maximize the southbound turn
28 lane as well as providing right in turns at two locations. He advised that another
29 modification would be to combining the through and right turn lane on westbound
30 Clydesdale Trail into one lane to reduce the pavement width.
31
32 Breuers discussed the public involvement since the 2012 approval including discussions
33 with McDonald's. He noted that although McDonald's would prefer a right in/right out,
34 the plan is to move forward with the plan as proposed. He stated that they also met with
35 Mobil, noting that the business manager is amenable to the plans. He stated that
36 notification letters will be sent to all the business owners along CR 116 once the permit
37 approval is received. He reviewed the cost -share funding noting that Medina's share
38 would be $870,000 for construction and right-of-way. He stated that cost does not
39 include an optional railroad quiet zone which is estimated to cost $250,000. He stated
40 that Hennepin County's share is estimated to be $2,700,000 for construction, right-of-
41 way and railroad costs while the share for MnDOT would be $150,000 for the traffic
42 signal. He noted that there is $950,000 available in federal funding for the project.
43
44 Johnson stated that staff has been in communication with the County in an attempt to
45 transfer the City's portion of the cost to be associated with CSAH 115 in order to use
46 Municipal State Aid (MSA) funding. He stated that staff is also investigating possible
47 funding mechanisms on the quiet zone option.
48
49 Cousineau provided information on the Cities of Shoreview and Little Canada, who were
50 allocated funds through the legislature for railroad quiet zones.
51
Medina City Council Meeting Minutes 8
June 2, 2015
1 Pederson questioned if the requirements for a quiet zone would change in the future,
2 should the decision be made to delay the quiet zone elements because of cost at this
3 time.
4
5 Breuers stated that the road is being designed to match the quiet zone requirements but
6 could not estimate whether the requirements for a quiet zone would change in the future.
7 He reviewed the project schedule beginning with interim improvements during the
8 summer of 2015 and the start of the project construction in April of 2017.
9
10 Pederson referenced the MSA funding and questioned if the City is clear on how that
11 funding source could be used.
12
13 Johnson stated that staff is still investigating that funding option.
14
15 1. Resolution No. 2015-49 Approving the Preliminary Concept Layout for
16 the Reconstruction of the TH 55 at CR 116/CSAH 115 Intersection
17 Moved by Anderson, seconded by Pederson, to approve Resolution No. 2015-49
18 Approving the Preliminary Concept Layout for the Reconstruction of the TH 55 at CR
19 116/CSAH 115 Intersection. Motion passed unanimously.
20
21 Anderson commended staff and Pederson for their efforts in shepherding this issue in
22 order to see this progress. He also thanked Hennepin County for their cooperation.
23
24 Cousineau stated that the City and County should continue to work with McDonald's
25 regarding their access, noting that the owner of the business is a Medina resident.
26
27 C. Wright -Hennepin Electric Cooperative — Conditional Use Permit for Solar
28 Panels — 4315 Willow Drive (8:59 p.m.)
29 Finke presented a request for a Conditional Use Permit to install ground mounted solar
30 panels at the substation the applicant owns at 4315 Willow Drive. He noted that ground
31 mounted solar panels were discussed in concept as a result of the request when the
32 Council recently added the equipment as an allowable use in certain zoning districts. He
33 stated that the applicant is proposing a dual sided panel which would in essence block
34 the rear of the equipment. He stated that the site is currently not in compliance with the
35 landscaping requirements and advised that the applicant has submitted a plan which
36 meets the recommendation made by the Planning Commission. He stated that the
37 Planning Commission held a public hearing the previous month and recommended
38 unanimous approval of the request subject to the conditions noted in the staff report.
39
40 Mitchell questioned the zoning of the neighboring farm property.
41
42 Finke stated that property is within the rural business holding district with the intention of
43 the site to develop in the future into business park.
44
45 Wayne Bauernschmitt, Wright -Hennepin Electric Cooperative, stated that they are willing
46 to work with staff regarding any comments to the landscaping.
47
48 Pederson questioned if the panels would move with the sun.
49
50 Bauernschmitt stated that the panels would not move.
51
Medina City Council Meeting Minutes 9
June 2, 2015
1 Cousineau questioned the height of the panels.
2
3 Bauernschmitt stated that the panels would be ten feet or less in height.
4
5 Anderson questioned the amount of traffic that would be generated following the
6 installation of the panels, noting the dirt road.
7
8 Bauernschmitt stated that more traffic is generated from the substation and advised that
9 their access road is paved.
10
11 Pederson questioned if the area would be fenced and if not, what would be done to
12 prevent vandalism.
13
14 Steve Nisbet, Wright -Hennepin, stated that there would not be a fence but there would
15 be a security system to address that issue. He noted that the current solar arrays are
16 not fenced.
17
18 Moved by Anderson, seconded by Cousineau, to direct staff to prepare a resolution
19 approving the CUP based upon the findings noted in the staff report and subject to the
20 conditions recommended by the Planning Commission. Motion passed unanimously.
21
22 D. Ordinance No. 580 Establishing the Villas at Medina Country Club Storm
23 Sewer Improvement Tax District — Public Hearing (9:08 p.m.)
24 Johnson stated that the City requires that a homeowners association maintain
25 stormwater utilities within their association and this action is required to protect the City
26 in the case that the City needs to conduct the necessary maintenance that are not done
27 by the homeowner's association.
28
29 Mitchell opened the public hearing at 9:09 p.m.
30
31 No comments made.
32
33 Mitchell closed the public hearing at 9:10 p.m.
34
35 Moved by Cousineau, seconded by Anderson, to adopt Ordinance No. 580 Establishing
36 the Villas at Medina Country Club Storm Sewer Improvement Tax District. Motion
37 passed unanimously.
38
39 1. Resolution No. 2015-50 Authorizing Publication of Ordinance No. 580 by
40 Title and Summary
41 Moved by Cousineau, seconded by Anderson, to adopt Resolution No. 2015-50
42 Authorizing Publication of Ordinance No. 580 by Title and Summary. Motion passed
43 unanimously.
44
45 IX. CITY ADMINISTRATOR REPORT (9:10 p.m.)
46 Johnson stated that the Tower Drive project is underway, noting that staff has received
47 some complaints regarding water service, or lack thereof, during certain project times.
48 He stated that staff will continue to work with homeowners and business owners to alert
49 them of water shutoff times. He noted that asbestos tiles were identified during the
50 excavation of the new stormwater pond and questioned if Kellogg had additional
51 information.
Medina City Council Meeting Minutes 10
June 2, 2015
1
2 Kellogg stated that the contractor did have quotes from contractors that are licensed and
3 approved to remove the materials. He also provided additional information on the
4 unplanned water shutoff that recently occurred.
5
6 Scherer stated that public works has a lot of projects going on, reporting that the projects
7 are moving along well.
8
9 X. MAYOR & CITY COUNCIL REPORTS (9:14 p.m.)
10 Mitchell reported that the fire department consolidation talks continue with Ray McCoy,
11 noting that he, Pederson, Belland and Johnson will meet with Ray McCoy the following
12 Tuesday to receive an update. He stated that the City should also review contracts in
13 order to further explicate the service desired.
14
15 Xl. APPROVAL TO PAY THE BILLS (9:16 p.m.)
16 Moved by Pederson, seconded by Cousineau, to approve the bills, EFT 003162E-
17 003175E for $48,191.95, order check numbers 42871-42920 for $327,184.81, and
18 payroll EFT 506413-506439 for $46,508.75. Motion passed unanimously.
19
20 XII. ADJOURN
21 Moved by Cousineau, seconded by Anderson, to adjourn the meeting at 9:17 p.m.
22 Motion passed unanimously.
23
24
25
26
27
28
29
30
31 Bob Mitchell, Mayor
32 Attest:
33
34
35 Scott Johnson, City Administrator
Medina City Council Meeting Minutes 11
June 2, 2015
Agenda Item # 5C
SEAL COATING SERVICES AGREEMENT
This Agreement is made this 16th day of June 2015, by and between Pearson Brothers, Inc., 11079
Lamont Avenue N.E., Hanover, MN 55341 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 seal coating services; and
2. The City has approved the contract for seal coating services with the Contractor; and
3. The parties wish to define the scope of services and teiins of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform seal coating services for the City.
"Seal Coating Services" will consist of installation of seal coating, according to the specifications
listed on the attached Exhibit A, and the areas highlighted on attached Exhibit B, as well as
materials listed in 3.0 below.
2.0. TERM. The term and prices of this contract shall remain in effect from June 2015 until
November 2015, or until such later date as may be mutually agreed upon.
3.0 COMPENSATION. The City shall compensate the Contractor for approximately 95,000
square yards of Seal Coating application at $1.37/sq.yd., according to the square yard
pricing listed below:
ITEM NO. 11A — Seal Coating, Installed, Including Pre -Sweeping, CRS-2 Liquid Asphalt
at .27 Gallons/Sq Yd, 1/8" Trap Rock at 25 lbs/Sq Yd, Area Rolled With Two Eleven
Wheeled Pneumatic Tire Rollers and Excess Rock Pick Up and Disposal (May require
two sweepings)
• 0-25,000 Sq. yds. $ 1.43
• 25-50,000 Sq. yds. $ 1.41
• 50-75,000 Sq. yds. $ 1.39
• 75-100,000 Sq. yds. $ 1.37
ITEM NO. 11 B — Seal Coating, Installed, Including Pre -Sweeping, CRS-2 Liquid Asphalt
at .30 Gallons/Sq Yd, FA2 Granite at 28 lbs/Sq Yd, Area Rolled With Two Eleven
Wheeled Pneumatic Tire Rollers and Excess Rock Pick Up and Disposal (May require
two sweepings)
• 0-25,000 Sq. yds. $ 1.37
• 25-50,000 Sq. yds. $ 1.35
• 50-75,000 Sq. yds. $ 1.35
• 75-100,000 Sq. yds. $ 1.30
1
3.01 Length and width of paved area will vary. Payment and Performance Bond
shall be required and shall be included in the bid price.
3.02 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.
4.04 The Contractor acknowledges that all OSHA Safety requirements will be in
place at all times.
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.
2
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 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 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.
11.0 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.
12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
13.0 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
Bob Mitchell, Mayor
By
Scott T. Johnson, Administrator -Clerk
PEARSON BROTHERS INC.
(CONTRACTOR)
By
3
EXHIBIT A
BITUMINOUS SEALCOAT
MATERIALS SPECIFICATIONS
TABLE OF CONTENTS
INDEX
2013 STREET MAINTENANCE MATERIALS SPECIFICATIONS
1.00 Bituminous Sealcoat
1.01 Scope of Work S-1
1.02 Inspection and Supervision S-1
1.03 Specifications Which Apply S-1
1.04 Starting Date S-1
1.05 Completion Schedule S-1
1.06 Coordination of Work S-1
1.07 Preconstruction Conferences S-2
1.08 Commencing Work S-2
1.09 Traffic Control S-2
1.10 Protecting Utilities and Property S-3
1.11 Bituminous Sealcoat Material S-3
1.12 Equipment S-3
1.13 Calibration S-4
1.14 Personnel S-4
1.15 Road Surface Preparations S-5
1.16 Rolling Operations S-5
1.17 Sealcoat Application S-5
1.18 Protection of Surface S-5
1.19 Uniform Surface Appearance S-6
1.20 Sweeping and Disposal of Excess Aggregate S-6
1.21 Application of Blotting Material S-6
1.22 Method of Measurement and Payment S-6
1.23 Quantity Adjustments S-6
1.24 Liquidated Damages S-7
1.25 Emergency Response S-7
1.26 Sampling and Testing S-7
1.27 Conflict between Unit Prices and Extended Amounts S-7
1.28 Guarantee S-7
1.00 BITUMINOUS SEALCOAT:
1.01 SCOPE OF WORK: The work to be done under this contract includes the furnishing of all
labor, materials, transportation, tools, supplies, plant equipment, etc., necessary for the
complete and satisfactory construction and installation of sealcoating shown on the maps
attached to these specifications.
1.02 INSPECTION AND SUPERVISION: The City Public Works Director, or their authorized
representative, will provide the necessary inspection for all work under this contract taking
place within the City of Medina. The Public Works Director may also designate a consulting
engineer who may provide necessary inspection for all work under this contract. The
Contractor shall give the City 48 hours notice prior to beginning work or resuming work on
this project.
1.03 SPECIFICATIONS WHICH APPLY: The specifications of the Minnesota Department of
Transportation "Standard Specifications for Construction," 2005 Edition (with all addenda
and supplements as of the date of these specifications). Section 2356 "Bituminous Sealcoat"
shall apply using English measurements, except as further modified in these Special
Conditions as follows:
1.04 STARTING DATE: The target start date for this project shall be mutually decided by the
Contractor and the City Public Works Director, or his designee.
1.05 COMPLETION SCHEDULE: All work under this contract shall be completed on or before
September 6, 2013, except street sweeping. Liquidated damages ($300/day) will be assessed
if the work is not completed on time.
1.06 COORDINATION OF WORK: Throughout the project the Contractor shall coordinate his
work with operations being carried out by City forces, utility companies and/or other
contractors. Access shall be maintained as much as possible. The Contractor shall notify
those affected of the periods of time that accesses must be closed.
The Contractor shall be required to secure a staging area, approved by the Public Works
Director, prior to starting work.
The Contractor shall perform the work in a manner that will ensure completion within the
time set in the contract. In case of failure to perform the work in such a manner, the City shall
have the right to require the Contractor to place in operation such additional forces and
equipment as deemed necessary.
1.07 PRECONSTRUCTION CONFERENCES: Prior to the start of any work, following
execution of the contract, there will be a preconstruction conference arranged by the Medina
Public Works Department.
1.08 COMMENCING WORK: The Contractor shall notify Public Works Director Steve Scherer
of their intentions to commence work at least two days (excluding holidays and Saturdays
and Sundays) prior to moving onto the work site. No work shall be started until the contract
has been executed and the Contractor has fulfilled all preliminary requirements.
Also, prior to the start of any work, the Contractor shall submit to the Public Works Director
for approval, a written time schedule, sequence of moves, and other pertinent information as
required by the City of Medina Public Works Department.
1.09 TRAFFIC CONTROL: All required maintenance of contract construction items shall be in
accordance with the provisions of MnDOT 1404, 1514, and 1515 with the added stipulations.
The Contractor is responsible for maintenance, control, and safeguard of traffic within and
immediately abutting the project in accordance with MnDOT Field Manual on Temporary
Traffic Control Zone layouts. The Contractor is responsible for providing and maintaining all
traffic control devices. The Contractor shall furnish, erect and maintain warning lights,
temporary fence, and barricades as required to adequately warn and protect the public from
hazardous protrusions, materials, excavations, etc., resulting directly or indirectly from the
construction.
The Contractor shall provide all flaggers (minimum of two), barricades, signs, and other
traffic control devices as required during the construction operations at no additional cost to
the City. All traffic control devices shall conform to the Minnesota Manual on Uniform
Traffic Control Devices. Signs shall be posted to limit speeds to maximum 20 mph. Signs,
like MnDOT W21-2 in size (30" x 30") and color designating "Loose Rock" shall be posted
at all access points to neighborhoods or streets where sealcoating is taking place. All signs are
to be installed by the Contractor prior to sealcoating and removed by the Contractor within 48
hours after the streets are swept after sealcoating. Payment for installation of these provided
signs shall be incidental to the work and no additional compensation will be paid.
Traffic control includes signing streets with temporary `No Parking for Street Maintenance"
signs a minimum of 24 hours and a maximum of 36 hours before work is to begin. The
maximum distance between signs shall be 500 feet with at least two signs per block. It is the
responsibility of the Contractor to provide and install and remove temporary no parking
signs. Efforts should be made to coordinate with residents and businesses the day before and
early morning to keep the street clear of vehicles. Special care shall be taken to move vehicles
that may be hit by bituminous material over -spray. The Contractor is responsible for any
vehicle cleaning or repainting.
1.10 PROTECTING UTILITIES AND PROPERTY: The Contractor shall furnish a person
and materials to carefully cover manhole covers, catch basin grates and watermain valve box
covers with suitable paper covers and sand immediately prior to applying bituminous material
to those same structures. Directly after sealcoating, all material on the structures will be hand
shoveled/swept to ensure that no material is placed on the seal coated street and that all
material is removed from the structure. If structures are not covered and are seal coated over
and cannot be opened easily, the Contractor shall be charged $100.00/hour for time spent by
City forces to open and clean these items.
The Contractor shall be responsible for protecting all property from damage due to drifting
bituminous material and aggregate.
1.11 BITUMINOUS SEALCOAT MATERIAL:
CLASS "A" AGGREGATE SEALCOAT (STREETS, TRAILS AND PARKING
LOTS) - This work shall meet the requirements of MnDOT Specification 2356 for
Bituminous Seal Coat with the following modifications:
Bituminous material will be emulsified asphalt, cationic, CRS-2 or polymer modified
cationic CRS-2P and shall conform with MnDOT Specification 3151.
Aggregate material shall conform in composition to MnDOT Specification 3137 for
Class "A" aggregate and to 3127 for gradation and quality for FA-2 and FA-2 (modified
1/8") requirements. The base bid shall be all dresser trap rock. An alternate bid shall
also be provided for all granite material.
Polymer material shall conform to MnDOT Specifications 3161 for coating and anti -
stripping additives.
All materials shall comply with the most recent version of the MNDOT Specification.
Materials found to fail testing and quality requirements as outlined in these specifications
shall be paid at reduced prices for all materials represented by that sample as outlined in the
MNDOT Specifications.
The sealcoat application range is:
1) Where FA-2 Class "A" is used, it shall be applied at a rate of 20-25 pounds per
square yard with 0.26-0.28 gallons per square yard of CRS-2 or CRS-2P.
2) Where FA-2 (Modified 1/8") Class "A" is used, application rates shall be the same
as FA-2 Class "A".
3) On older, more textured pavements, the inspector may adjust the application rate
higher than the specified range for emulsion to provide proper aggregate chip
embedment.
Bituminous seal material shall be applied at a rate as directed by the Engineer. Application
rates will be determined based on the condition of each area to be sealed.
1.12 EQUIPMENT: Sweepers shall be "pick-up" type only, capable of non -streak sweeping and
spray bar water applications for dust control Minimum of one machine required on project
throughout sealcoat application, and minimum of two machines required for excess aggregate
pick up. Also, one tandem axle dump truck per sweeper required for hauling excess
sweepings from project.
Asphalt distributor shall be two thousand (2000) gallon minimum capacity, capable of
applying a 16 foot width of bituminous material at a computer calibrated rate of application.
Minimum of two machines required.
Aggregate spreader shall be a self propelled type, capable of applying a 16 foot width of
aggregate material at a calibrated rate of application.
Rollers shall be eleven wheel, self propelled, pneumatic tire type Minimum of two rollers
required. Each pneumatic -tired roller will have a total compacting width of not less than 60
inches and will have a minimum ground contract pressure of 80 psi.
1.13 CALIBRATION: The Contractor shall be required to demonstrate proof that the equipment
being used is distributing aggregate and emulsion at the rates specified herein. Aggregate
distribution rates shall be verified at each equipment setup location.
1.14 PERSONNEL: All assigned personnel shall demonstrate to the satisfaction of the Public
Works Director or his designee, the ability to operate the piece of equipment to which they
are assigned.
1.15 ROAD SURFACE PREPARATIONS: Patching and crack sealing of the streets designated
for sealcoating, and adjustment of valve boxes and manhole castings will be performed by the
City at no cost to the Contractor. Pre -sweeping of streets shall be completed by the
Contractor as part of this project with no additional payment made by the City. The sweeping
operation shall provide a clean street prior to starting the sealcoat operation.
1.16 ROLLING OPERATIONS: Complete the initial rolling within 2 minutes after applying the
aggregate. Proceed at a recommended speed less than or equal to 8 km per hour (5 miles per
hour) to prevent turning over aggregate. Make a minimum of three complete passes over the
aggregate before continuing the operation. Roll the aggregate so the entire width of the
treatment area is covered in one pass of all the rollers. The total compacting width of each
pneumatic -tired roller shall exceed 1.5 m (5 ft).
1.17 SEALCOAT APPLICATION: Furnishing, application, aggregate covering and curing shall
be accomplished in accordance with MnDOT Specification 2356.
Starting times each morning during sealcoat application vary based upon weather conditions
that day; i.e. humidity, temperature, etc.
In general, sealcoat operations shall be conducted only during the daylight hours when the air
temperature is between 60°F and 95°F, when the relative humidity is less than 75%, and the
road surface is dry. The City's field representative shall determine each day's starting time
based upon those conditions.
Bituminous materials shall be placed at a temperature of 125°F to 185°F and at rates
designated by the City's designee.
Cover aggregate shall be applied within 1 minute of the emulsified asphalt at a rate
designated by the City's designee. The speed of the spreader will be such that the stones are
not rolling over. The aggregate shall be spread in one operation in such a manner that an 8
inch strip of emulsified asphalt is left exposed along the longitudinal center to form a lap for
succeeding applications of emulsion. If necessary, thin or bare spots in the spread of
aggregates will be corrected by hand spreading or other methods subject to approval of the
Public Works Director.
A clear straight line at the edge of the pavement next to the concrete gutter shall be
maintained. All streets shall be seal coated to incorporate all adjacent radii as directed by the
City's field representative. Application ends shall result in a straight continuous line.
1.18 PROTECTION OF SURFACE: Concrete surfaces such as concrete curb & gutter sections,
triangular sections, and cross gutters shall be kept clean from bituminous material so that
aggregate does not build up and block drainage. The Contractor shall clean any concrete
surface as required by the Public Works Department.
Sections of the streets shall be closed to traffic before the bituminous material is applied on
the surface and no traffic shall be permitted on the sealed road surface until after all rolling
has been completed and the bituminous material set to a degree satisfactory to the Public
Works Department personnel and the material will not pick up on vehicle tires. All required
flagmen, barricades, warning signs, traffic cones, and other traffic control devices will be the
responsibility of the Contractor for the proper execution of the work. These traffic control
devices shall be placed so as to effectively restrict traffic flow on the streets being surfaced.
At the preconstruction conference, the Contractor shall provide the Public Works Depaitinent
with a plan indicating the devices and procedures to be utilized to protect the surface during
bituminous cure. The Public Works Department may recommend changes to the plan and
these changes shall be incorporated into the plan at no additional cost to the City.
1.19 UNIFORM SURFACE APPEARANCE: All areas to be seal coated shall have a uniform
aggregate cover base on the specified application rate. This includes street intersection radius
areas and any other special areas which may require special application procedures. When
complete, there should be no flushing and/or bleeding at the surface and the finished sealcoat
should have a uniform surface appearance.
1.20 SWEEPING AND DISPOSAL OF EXCESS AGGREGATE: Sweeping and re -sweeping
will be done as directed by the Public Works Director and discussed at the pre -con meeting.
1.21 APPLICATION OF BLOTTING MATERIAL: The Contractor shall apply sand blotting
material where bleeding is detected as directed by Public Works Director. There shall be no
additional compensation for time or materials for blotting streets that bleed through.
1.22 METHOD OF MEASUREMENT AND PAYMENT: The unit price, on the basis of
gallons for bituminous material and square yards for aggregate material, shall include the cost
of all materials, equipment used, and other necessary work related to this project. The unit
price, on the basis of gallons or square yards, shall include installation of bituminous material
and aggregate material applied at the specified application rates. Measurement of square yard
area of each street shall be done centerline to centerline. Radiuses at intersections are
incidental. All other work shall be considered incidental to the project.
The volume of bituminous material (gallons) will be established by bills of lading of delivery
tankers and by measurement of distribution trucks when necessary.
Payments (two) for this project shall be as follows (supersedes GC 24).
At Certified Substantial Completion - 95%
At Certified Final Completion - Remaining 5%
Payments will be processed in the next available accounts payable cycle after certification.
Final payment requires Contractor submissions - see Page 4.
Contractor will submit a separate itemized invoice to the City of Medina for the work
performed. The City shall pay invoiced amounts directly to the Contractor.
1.23 QUANTITY ADJUSTMENTS: The City reserves the right to add or delete streets;
adjusting quantities respectively, to equal a dollar amount budgeted for this type of street
maintenance. Twenty-five percent (25%) shall be the maximum adjustment without possible
adjustment to bid unit price.
1.24 LIQUIDATED DAMAGES: The Contractor guarantees that he/she can and will complete
the work within the time limit stated in Contract Documents, or within the time as extended
provided elsewhere in the Contract Documents. Inasmuch as the damage and loss to the City
which will result from the failure of the Contractor to complete the work within the stipulated
time will be most difficult or impossible of accurate assessment, the damage to the Owners
for such delay shall be liquidated at a daily rate of $300.00 for each calendar day, Sundays
and holidays included, beyond the completion date as originally determined or as extended.
The liquidated damages shall not be considered a penalty. The City has the right to deduct
and retain out of any money due, or to become due to the Contractor, the amount of
liquidated damages accrued, and in case those amounts are less than the amount of liquidated
damages, the Contractor shall pay the difference upon demand. The City shall not be deemed
to have forfeited or waived its right to liquidated damages by permitting the Contractor to
continue work on the project beyond the completion date, nor by assuming control of the
Contractor's obligations and completing the project as provided for in this contract, nor by
terminating this contract as provided herein.
1.25 EMERGENCY RESPONSE: During the contract period it may be necessary to have
contracted work done on an emergency basis. The City shall have the right to require the
Contractor, upon 24 hours notice (verbal or written), to respond to such request. In case of
failure to perform the work, the City shall have the right to have other non -contractual forces
complete requested work. All costs in excess of unit price bid shall be deducted from the
Contractor's final payment.
1.26 SAMPLING AND TESTING: All bidders shall furnish certification that materials furnished
meet specification for both asphalt and aggregates. Said certifications shall be by an approved
testing laboratory. The City reserves the right to make any further tests deemed necessary to
insure work meets the required specification. Said tests are to be made at the Contractor's
expense.
1.27 CONFLICT BETWEEN UNIT PRICES AND EXTENDED AMOUNT: In the event of a
conflict between the unit price written in a proposal and the product of that unit and the
proposal quantity, the unit price will govern. Similarly, in the case of a conflict between a
written incorrect total bid amount, the correct total will govern.
1.28 GUARANTEE: As noted in the General Conditions, the Contractor shall guarantee the work
for a period of one year from the date of final acceptance.
Unless otherwise approved by the City Public Works Director, warranty repair work for the
sealcoat portion of the project shall be completed in full lane widths. Work shall be
completed such that segments less than 100' in length shall be continuously covered until all
areas requiring warranty work have been covered.
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Miles
Agenda Item # 5D
TRAIL SEAL COATING SERVICES AGREEMENT
This Agreement is made this 16th day of June 2015, by and between Gopher State Sealcoat,
Inc., 12519 Rhode Island Avenue South, Savage, MN 55378, 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 trail seal coating services; and
2. The City has approved the contract for trail seal coating 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 trail seal coating services for the
City. "Trail Seal Coating Services" will consist of power cleaning and priming bad oil spots on the
asphalt surface of the trails, as well as furnishing and installing one coat of MicroPave Supreme,
according to the specs shown on Exhibit A.
2.0. TERM. The term and prices of this contract shall remain in effect from June 2015 until
November 2015, or until such later date as may be mutually agreed upon.
3.0. COMPENSATION. The City shall compensate the Contractor for trail sealcoating services
at a rate of $.80/square yard, according to the above scope of services.
3.01 The Contractor shall pay for all licenses and permits. These costs shall be
included in the bid cost.
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.
1
4.03 The Contractor acknowledges that any general instruction it receives from the
City has no effect on its status as an independent contractor.
4.04 The Contractor acknowledges that all OSHA Safety requirements will be in
place at all times.
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 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
2
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.
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
Bob Mitchell, Mayor
By
Scott Johnson, City Administrator -Clerk
GOPHER STATE SEALCOAT INC.
(CONTRACTOR)
By
3
EXHIBIT A
GOPHER STATE
12519 Rhode Island Avenue South
Savage, Minnesota 55378
Phone: 952.931.9188
Fax: 952.931.0956
www. GopherStateSea lcoat. corn
Proposal
Propped Submitted To
Steve Schere
City of Medina
2052 County Road 24
Medina, MN 56340
Various Trails
Account# ) Quote* I Quote Date I Valid Thru I Tenns
5829 21961 D3/30/2015 04/29/2015
illleiilletia t Ste
NET10
I
Estimator
Randy
Work*
Fax*
Mobile 0 i
Email Address
I
763-473-8842
Description
763-473-9359
612-290-2220
steve.schere@ci.medina,mn.us
Total Price
Asphalt Emulsion Sealcoat—12,726 square yards at $0.80/sy:
Power clean asphalt surface.
Prime bad oil spots as necessary.
With a squeegee machine, apply one coat MicroPave Supreme, a 3% polymer -modified asphalt emulsion sealer,
containing 2 - 4 pounds of silica sand per gallon. Please note, this product contains no coal tar pitches or additives.
$10,180.80
Asphalt Emulsion Sealcoat -- specs as above:
Add 77 square yards -- small pumphouse on Clydesdale = $61.60
Add 244 square yards -- pumphouse on 101= $195.20
$256.80
NOTES:
(1) City to edge trails, and kill weeds.
(2) This does not include crack sealing.
(3) This does not include either the small section by Verizon Wireless, or the 585 If of trails on CR 101.
Quote Total
$10,437.60
we propose to furnish material and labor, complete in accordance with the above specifications, for the sum and terms outlined above. All material is
guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from
specifications involving extra costs will be executed upon written orders, and will become an extra charge over and above the estimate. All agreements
are contingent upon strikes, accidents or delays beyond our control. Property owner is responsible for all permits and fees.
PROPOSAL MUTED
Autho Signature
Print Nam
�-2 -�
Date
ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and hereby accepted.
You are authorized to complete this contract as specified. Payment will be made as outlined.
Authorized Signature
Print Name Date
Agenda Item # 5E
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2015-##
RESOLUTION APPROVING VARIANCE AND SITE PLAN REVIEW
FOR ALDI, INC. TO CONSTRUCT A GROCERY STORE AT 100 WESTFALEN TRAIL
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Dennis Hedtke (the "Owner"), owns property which is currently addressed
3522 Sioux Drive (the "Property"), which is legally described in Exhibit A, attached hereto; and
WHEREAS, Aldi, Inc. (the "Applicant") desires to purchase the Property and construct a
17,835 square foot building in which to operate a grocery store; and
WHEREAS, the Applicant has requested a variance to increase the allowed impervious
surfaces on the Property from 25% to 45.4% and has also requested approval of a site plan
review; and
WHEREAS, the Planning Commission reviewed the requested variance and site plan at
a duly noticed public meeting on April 14, 2015 and again on May 12, 2015 and recommended
denial; and
WHEREAS, the City Council held a public hearing on the requested variance and
reviewed the request at the June 2, 2015 meeting; and
WHEREAS, based on the written and oral record before the Planning Commission and
City Council on the above dates as well as all additional testimony submitted to the City, the City
Council makes the following findings of facts in regards to the variance request:
1. The proposed variance is consistent with the Comprehensive Plan and in harmony
with the general purposes and intent of the Zoning Ordinance, subject to the
implementation of stormwater improvement in excess of standard City regulations.
2. The Applicant proposes to put the Property to a reasonable use which is permitted in
the district.
3. The proposed variance does not confer special privileges which are not afforded to
owners of other lands, structures, or buildings in the same district and will not alter
the essential character of the neighborhood, evidenced by the variance being similar
to the circumstances immediately to the west.
Resolution No. 2015-##
June 16, 2015
4. The plight of the Applicant is due to limited amount of parking which was
constructed on the Property, which was approved by the City but which has proven to
be inadequate based upon changing parking needs related to the allowed uses on the
Property.
5. It is a unique circumstance for property within the City's shoreland overlay district to
be guided for commercial development and located at the intersection of two arterial
roadways.
6. The Applicant has established that there are practical difficulties in complying with
the requirements of the Zoning Ordinance.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves a variance to increase the permitted impervious surfaces on the Property from
25% to 45.4%.
BE IT FURTHER RESOLVED, that the City Council of Medina, Minnesota also hereby
approves the Site Plan Review.
BE IT FURTHER RESOLVED that the approvals granted herein shall be subject to the
following terms and conditions:
1) The Applicant shall construct the improvements as displayed on the plans received by the
City 5/21/2015, except as modified herein.
2) The Applicant shall update tree removal and landscaping plans to the satisfaction of City
staff to increase the vegetation along the northwest of the site and to ensure that planting
is not overly dense.
3) The Applicant shall construct a left turn lane into the access drive or enter into a petition
and waiver to pay for the cost of the City to construct such improvements in connection
with other improvements to Sioux Drive.
4) The Applicant shall update plans if deemed necessary by the City's transportation
engineer to improve truck turning movements and to ensure the lanes of the proposed
access drive line up with the lanes of Westfalen Trail.
5) Upland buffers shall be established fully around all wetland areas, including required
vegetation, signage and easements.
6) Proposed concrete masonry units shall be decorative in nature consistent with the
standards of Commercial Zoning Districts.
7) The proposed driveway shall be signed as "Westfalen Trail" and the proposed structure
shall be addressed as such, but shall remain a private driveway.
8) The Applicant shall update plans with an alternative means, acceptable to City staff, to
screen rooftop equipment.
9) The Applicant shall meet the recommendations of the City Engineer.
Resolution No. 2015-## 2
June 16, 2015
10) The Applicant shall obtain all necessary permits and approvals, including but not limited
to Elm Creek Watershed, the Minnesota Pollution Control Agency, the Minnesota
Department of Health, and other relevant agencies.
11) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the site plan, easements, agreements, and other relevant documents.
Dated: June 16, 2015
By:
Bob Mitchell, Mayor
Attest:
By:
Scott T. Johnson, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same: (Absent:)
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 20154# 3
June 16, 2015
EXHIBIT A
Legal Description of Property
Lots 35 and 36, Auditor's Subdivision No. 241, Hennepin County, Minnesota.
Resolution No. 20154# 4
June 16, 2015
Agenda Item # 5F
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2015-##
RESOLUTION APPROVING CONDITIONAL USE PERMIT
FOR WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION TO
INSTALL GROUND MOUNTED SOLAR EQUIPMENT AT 4315 WILLOW DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Wright -Hennepin Cooperative Electrical Association (the "Applicant"),
owns property at 4315 Willow Drive (the "Property"), which is legally described in Exhibit A,
attached hereto; and
WHEREAS, on April 20, 2004, the City Council adopted Resolution 04-23, granting a
conditional use permit to the Applicant for construction of an electric substation on the Property;
and
WHEREAS, the Applicant has now requested a conditional use permit to install solar
equipment upon the Property which is not affixed to a structure; and
WHEREAS, the Planning Commission reviewed and held a public hearing on the
conditional use permit at a duly noticed public meeting on May 12, 2015 and recommended
approval; and
WHEREAS, the City Council reviewed the request at the June 2, 2015 meeting; and
WHEREAS, based on the written and oral record before the Planning Commission and
City Council on the above dates as well as all additional testimony submitted to the City, the City
Council has found that the criteria described in Section 825.39 have been met and that the
proposed construction is consistent with relevant ordinance standards.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves a conditional use permit, subject to the following terms and conditions:
1) This CUP shall supersede the approval granted by Resolution 04-23, the relevant findings
and conditions having been incorporated herein.
2) The Applicant shall install improvements as shown on the plans received by the City on
June 2, 2015 and April 10, 2015.
Resolution No. 2015-##
June 16, 2015
3) All exterior lighting must be designed and installed to be downcast only, with a
maximum of 0.2 foot candles at the property line and the light poles may be a maximum
of 30' in height;
4) The Applicant shall pay to the City a fee in the amount sufficient to pay for all costs
associated with the review of the Conditional Use Permit application.
Dated: June 16, 2015
By:
Bob Mitchell, Mayor
Attest:
By:
Scott T. Johnson, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same: (Absent:)
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 20154# 2
June 16, 2015
EXHIBIT A
Legal Description of Property
Lot 1, Block 1, Medina Parks Second Addition, Hennepin County, Minnesota
Resolution No. 2015-## 3
June 16, 2015
Agenda Item # 5G
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2015-XX
RESOLUTION REVERSING INDEPENDENCE BEACH ASSESSMENT FOR SECOND
PARCEL AT 3025 LAKESHORE AVENUE
WHEREAS, the City Council of the City of Medina, Minnesota passed Resolution No.
2015-42 Adopting Assessment Roll for Independence Beach Overlay Project; and
WHEREAS, parcels 1811823220119 and 1811823220120 are adjacent properties under
common ownership; and
WHEREAS, one of the parcels contains a single-family home and the other parcel
contains a detached garage; and
WHEREAS, the parcels do not, individually, meet minimum lot standards in the
shoreland overlay district; and
WHEREAS, the City intended to only assess one of the parcels when such circumstances
exist.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
Minnesota, that the assessment for 1811823220120 be reversed as shown in Exhibit A, attached
hereto.
Dated: June 16, 2015.
Bob Mitchell, Mayor
Attest:
Scott T. Johnson, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same: (Absent: )
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015-xx
June 16, 2015
Exhibit A
Certified Amount
Owner Name
Property Identification
Number
$775.20
Sally Kitzman
18-118-23-22-0120
$775.20
Sally Kitzman
18-118-23-22-0119
Resolution No. 2015-xx 2
June 16, 2015
MEDINA POLICE DElj
Agenda Item # 7A
MEMORANDUM
Medina, MN 55340-9790
p: 763-473-9209
f: 763.473.8858
non-emergencys 763.525-62I0
Emergency 9-1-1
TO: City Administrator Scott Johnson and City Council
FROM: Director Edgar J. Belland
DATE: June 12, 2015
RE: Grant Presentation
Early this spring, we received notice of being awarded a CenterPoint Energy Community
Partnership Grant. I assigned Officer Boecker to write the grant for a defibrillator for City
Hall. On May 7th, we were notified that we received a $700.00 grant for the defibrillator.
The representatives from CenterPoint Energy will be at the June 16th Medina City Council
meeting to present the check to the City.
CHIPPEW
COUNTY ROAD 11
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Mediacom
Build -out Analysis
Legend
Mediacom 2015/2016 Proposal
Public/Private Street
• Private
i Lateral -Shared
Lateral
Mediacom Existing Lines
Mediacom Existing Lines
CAF Funded Areas
OAF Funded Areas
Unserved - Underserved
Unserved
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0 0.25 0.5 1
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22 homes would remain unserved, requiring an additional 5.2 street miles to serve
Map Date: June 11, 2015
Agenda Item # 8B
MEMORANDUM
TO:
FROM:
DATE:
MEETING:
SUBJECT:
City Council, through City Administrator Scott Johnson
WSB & Associates, Inc. - Jim Stremel, PE
June 11, 2015
Regular City Council Meeting — June 16, 2015
2015 Street Project — Project Update & Environmental Items
The City's 2015 street project is well underway. The contractor is currently working on
watermain and storm sewer along Hamel Road and excavating uncontaminated material out of
the ponding areas. The contractor will continue working on Hamel Road over the next several
weeks before moving onto Tower Drive. The project includes the excavation of hazardous
materials for a ponding area within the Raskob property.
Based on the environmental documents (Phase 1 Environmental Site Assessment prepared by
Peer Engineering, Inc. dated May 2, 2006 and Phase 2 Investigation Report prepared by Earth
Tech, Inc. dated April, 2007) provided to the City by the landowner as well as the additional
environmental work completed by WSB, it was known that a certain level of hazardous materials
(benzo(a)pyrene (BaP), Acenaphthene, Fluoranthene, Fluorene, Pyrene, Arsenic and Copper)
were present within the project area, located within the southeasterly portion of the large pond.
As stated repeatedly in the Phase 2 Investigation Report, "There was no obvious sign of asbestos
containing material such as pipe insulation, ceiling tiles, or floor tiles found in the demolition
debris."
During the contractor's initial excavations within this area, our certified inspectors observed,
sampled, and tested portions of hazardous materials as outlined in the project Response Action
Plan (RAP) and as required by the Minnesota Pollution Control Agency (MPCA). In addition to
the anticipated hazardous materials, these tests identified asbestos containing materials (ACM's).
The project as bid contains an allowance (approximately $85,000) for the excavation and
disposal of the hazardous materials outlined in the environmental documents, but ACM's
requires a higher level of certification to excavate, handle, and dispose of as required by the
MPCA.
To begin the process of abating the ACM's the contractor obtained a total of three quotes, all of
which have been included as attachments to this memorandum. The quotes are based on unit
quantity pricing which means only the total amount of ACM's excavated and properly disposed
of will be billed for. The enclosed Supplemental Agreement and the associated costs consider
the least expensive option.
The total Supplemental Agreement is in the amount of $220,495 which includes the cost to
excavate, handle, haul, and dispose of the ACM's in accordance with the RAP and the MPCA.
This work includes a significant portion of the volume initially included in the project to
excavate and dispose of the known hazardous materials. Therefore, the net increase to the
project cost is anticipated to be a maximum of $135,495 ($220,495 less the $85,000 already
included in the bid).
Staff recommends payment be made from the City's Stormwater Fund; the current balance in the
fund is $377,543. It is important to note that the final cost of the Supplemental Agreement will
be based on the actual quantity of material disposed of as ACM's. All non ACM's will be
excavated and disposed of at the bid unit price.
Council Action Requested
We recommend that the City Council review the information provided and consider approval of
the Supplemental Agreement and Change Order enclosed.
2
CONTRACT CHANGE ORDER
Contract: 2015 Street Improvement Project — Tower/Hamel/Kilkenny
Owner: City of Medina
Order No. 1
Date: 06-1 1-15
To: Astech Corporation, PO Box 1025, St. Cloud, MN 56302
You are hereby requested to comply with the following changes from the contract plans and
specifications:
Description of Changes
Supplemental Plans and Specifications Attached
ACM Excavation & Disposal
Channel and Pond Excavation
Haul and Dispose of Contaminated Material
TOTALS
NET CHANGE IN CONTRACT
DECREASE
in Contract Price
$ 25, 000.00
$ 60,000.00
$ 85,000.00
INCREASE
in Contract Price
$ 220,495.00
$ 220,495.00
$ 135,495.00
JUSTIFICATION:
Based on the environmental documents (Phase 1 Environmental Site Assessment prepared by Peer
Engineering, Inc. dated May 2, 2006 and Phase 2 Investigation Report prepared by Earth Tech, Inc. dated
April, 2007) provided to the City by the landowner as well as the additional environmental work
completed by WSB, it was known that a certain level of hazardous materials (benzo(a)pyrene (BaP),
Acenaphthene, Fluoranthene, Fluorene, Pyrene, Arsenic and Copper) were present within the project area,
located within the southeasterly portion of the large pond. As stated repeatedly in the Phase 2
Investigation Report, "There was no obvious sign of asbestos containing material such as pipe insulation,
ceiling tiles, or floor tiles found in the demolition debris."
During the contractor's initial excavations within this area, certified inspectors observed, sampled, and
tested portions of hazardous materials as outlined in the project Response Action Plan (RAP) and as
required by the Minnesota Pollution Control Agency (MPCA). In addition to the anticipated hazardous
materials, these tests identified asbestos containing materials (ACM's).
The project as bid contains an allowance for the excavation and disposal of the hazardous materials
outlined in the environmental documents, but ACM's requires a higher level of certification to excavate,
handle, and dispose of as required by the MPCA.
The contractor obtained a total of three quotes. The quotes are based on unit quantity pricing which
means only the total amount of ACM's excavated and properly disposed of will be billed for. The
enclosed Supplemental Agreement provides greater description and detail of the associated costs The
Change Order considers the least expensive option.
The amount of the Contract will be increased by the Sum Of: One Hundred Thirty Five
Thousand, Four Hundred Ninety Five and 00/100 Dollars ($ 135,495.00 )
The Contract Total including this and previous Change Orders Will Be: Two Million, One
Hundred Thirty Two Thousand, Eight Hundred Fourteen and 20/100 Dollars ($ 2,132,814.20 )
The Contract Period Provided for Completion Will Be Increased by ten (10) Days.
This document will become a supplement to the contract and all provisions will apply hereto.
Requested
City of Medina (Date)
Recommended
Engineer (Date)
Accepted
Contractor (Date)
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STATE AID FOR LOCAL TRANSPORTATION
SUPPLEMENTAL AGREEMENT
Rev.July 2010
Page 1 of 2
SAP 250-101-001
SA No. 1
Project Location: Hamel Road from Pinto Drive to 700' East of Tower Drive, Medina, MN
Local Agency: City of Medina
Contractor: Astech Corporation
Local Project No.: 2065-730
Address/City/State/Zip: PO Box 1025, St. Cloud, MN 56302
Total Supplemental Agreement Amount $ 220,495.00
This contract is between City of Medina and the Contractor as follows:
WHEREAS: This Contract provides for, among other things, grading, utilities, bituminous surfacing,
concrete curb & gutter, signing, and pond excavations; and
WHEREAS: This Contract further provides for the excavation and disposal of hazardous materials
within the large ponding area; and
WHEREAS: Additional hazardous materials with Asbestos Containing Materials (ACM's) were
suspected, sampled, tested, and verified to exist within the known hazardous material
locations; and
WHEREAS: The environmental documents provided with the original contract did not document the
presence of ACM's; and
WHEREAS: The work associated with this additional project scope includes the excavation and
disposal of ACM's; and
WHEREAS: The Engineer has determined that this is in the best interest of the City of Medina to
make this change to the contract in order to provide completion of the work in a manner
required by the project specifications and state statutes; and
WHEREAS: The Engineer has further determined that this constitutes a changed condition.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
1. The Contractor will provide the following to excavate and dispose of the ACM's:
a. Based on the estimated limits of the excavation for the potential ACM area, the
approximate quantity calculated to be removed and disposed of properly could be up to
3000 cubic yards.
b. Removal and disposal is required to follow MPCA guidelines and the Response Action
Plan (RAP) provided in the project manual including the RAP updates and the emission
control plan.
c. Provide the excavation/stockpile/transportation/disposal as a unit cost in tons. The City
will require weight tickets from the disposal facility to quantify the payment. Loose
stockpile volumes will not be an acceptable basis of payment.
d. If the final quantity is more or less than the initial estimate, the City will not modify the unit
price and will only pay the amount excavated and disposed of.
e. All excavation limits must be approved by the City or the City's representative prior to
commencing excavation. The City or the City's representative will confirm the extents of
the excavation have been achieved.
f. The contractor shall assist WSB field staff in the excavation of test -pits to verify the
extents of the ACM location.
g. Large concrete pieces shall be segregated from ACM materials to the greatest extent
possible and dispose of at the original bid quantity cost.
h. The contractor shall segregate surface materials or intermediate capping materials not
containing ACM's to the greatest extent possible.
STATE AID FOR LOCAL TRANSPORTATION
SUPPLEMENTAL AGREEMENT
Rev.July 2010
Page 2 of 2
i. All transportation records and manifests must be provided to the City for their records.
j. The contractor will only receive the "General Contractor Overhead" percentage based on
the final cost of the quantity of material disposed of.
2. Contract time will be revised to extend the Substantial Completion date a total of ten (10) working
days through Friday October 30, 2015. Final Completion of June 30, 2016 will not change.
3. This Supplemental Agreement covers the known and anticipated costs and contract time
adjustment attributable to the work covered by this Supplemental Agreement. If the Contractor
incurs unknown and unanticipated additional work the affects costs or impacts the critical path,
the Contractor reserves the right to request an adjustment to the Contract amount or contract
time in accordance with MnDOT 1402.
ESTIMATED COST
Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.)
**Group/Funding
Category
Item No.
Part — Storm
Sewer
Description
2105.607 Haul & Dispose of ACM
Backhoe — Cat. 345
2123.514
Unit
Unit
Price
Ton
$47.00
Hour
$150.00
2503.603
2503.603
General Contractor
Overhead (10% <
$50,000)
General Contractor
Overhead (2% >
$50,000)
Lump
Sum
$5,000.00
Lump
Sum $3,245.00
+ or —
Quantity
+4500.00
+5.00
+or —
Amount $
+$211,500.00
+$750.00
+1.00
+1.00
+$5,000.00
+$3,245.00
Net Change this Work Order
+$220,495.00
O.K. Mn/DOT OCIC TES 06/10/15
**Group/Funding category is required for Federal Aid projects
Approved by Project Engineer: Jim Stremel, PE Date:
Print Name: Phone: 763-287-8532
Approved by City: Date:
Print Name: Phone:
Approved by Contractor: Date:
Print Name: Phone:
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available.
This work is eligible for: Federal Funding State Aid Funding Local funds
District State Aid Engineer: Date:
ASTECH
J
ASPHALT SURFACE
TECHNOLOGIES
CORPORATION
P.O. BOX 1025 • ST. CLOUD, MN 56302 • 320/363.8500
FAX NO. 320/363-8700
AN EQUAL OPPORTUNITY EMPLOYER
June 2, 2015
James L. Stremel, PE
WSB
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
RE: Tower Drive, Kilkenny Lane, and Hamel Road Utility and Street Improvement Project
Asbestos Removal
Job #: P 15-027
001
Dear Mr. Stremel,
With regard to your request for approximately 3,000 CY of Asbestos Removal on the above referenced
project, Astech Corp. has solicited two bids from Certified Contractors. The quotes are attached for your
review. We propose to use Veit, based on the quoted price and their ability to meet our schedule. In
addition to the quoted price add the allowed Profit and Overhead stipulated by the contract. Furthermore,
we are requesting ten working day be added to the completion date.
Please contact me with any questions or comments. Your prompt approval will be greatly appreciated as
this additional work has vast impacts on the schedule.
Thank you,
Chad Hamann
Project Manager
Mr. Chad Hamann chad0824@a,yahoo,com
ASTECH
Phone:320-248-3180 Fax:
PROJECT: Medina Asbestos Soils
Flick Smith
Project Manager
14000 Veit Place
Morteepolis, MN 55374
June 8t 2015
Office 763.426..6746
Mobile 612.328.4538
Fax 763 426.8346
rsmith@veittr5A.com
QUOTE: Load, Haul, and Dispose Asbestos Soils Lump Sum = $ 47.00 per TN
INCLUDES:
Unit Price for Asbestos Soils Includes:
Mobilization (1 trip in/out included)
MPCA Notification & MDH Permit
Landfill Waste Profile Fees
Construction of Access to the Soils for Hauling Out
Asbestos Certified Laborers/Operators
Proper Handling Procedures of Asbestos Soils
Excavation of Asbestos Soils
Lining of Trucks
Trucking to Vonco II Landfill
All Disposal Costs for Asbestos Soils
Based on Acceptance of the soils by Vonco II Landfill
Assumes the environmental Consultant to help us coordinate providing the needed waste profile information and
testing for the landfill to approve and generate manifests
Daily Sweeping at the End of Each Day of Hauling for Veit's Work
Based on Site observations it will not be feasible to try and segregate the soils/debris/asbestos. We are planning on
getting landfill approval and mass hauling the soils offsite to the landfill.
EXCLUDES:
Added time for Segregating Soils/Debris (all soils figured to go to the landfill)
Road Restrictions, Winter Conditions, All Dewatering
All Utility Work
Bracing, Underpinning, shoring, etc.
Permits, Licenses, and Fees
Landscaping, seeding/restoration, temp seeding, blanketing
Hazardous s Soils not approved by the landfill or with additional disposal fees beyond asbestos soils
Surveying, Staking, & Layout
Traffic Control
Inspections, Density, Soil Testing
Importing Soils for Backfill or Re-grading/Finish Grading of the Excavated Area
Water Source (to be provided by others for us to use)
Overtime/Weekend Work
Downtime Due to Testing or other factors
BOND: Add l % to above quoted total for bond, pricing valid for 30 Days.
Respectfully,
/z-
Rick Smith (Earthwork)
612-328-4538 cell
rsmith(&,veitusa. com
Proposal
Environmental Contracting Services Since 1987
DATE:
June 8 2
PROPOSAL SUBMITTED TO: Astech Corp PROPOSAL #: 337509
ADDRESS: P.O, Box 1025 WORK DESCRIPTION: ACWM
CITY, STATE, ZIP: St. Cloud, MN 56302 SITE LOCATION: Across from Medina Ballroom
ATTENTION: Chad Hamann ADDRESS: Hamel Rd
FAX NO: CITY, STATE, ZIP: Medina, MN
E-MAIL ADDRESS: Chad0824(avahoo,com PHONE NO: 320-248-3108
VCI Environmental, Inc. proposes the following scope of work:
Scope of Work VCI proposes to supply labor, materials and equipment to excavate, poly line trucks
and haul to the landfill. All work performed by asbestos workers following MDH,
MPCA and MNOSHA rules. MDH permit required. Manifesting of disposal at an
MPCA and MDOTapproved landfill. Owner to provide water. VCI to provide a final
project report.
Notes: based on 4,200 tons ACWM
We propose to furnish material and labor - complete In accordance with above Scope of Work, for the sum of:
Forty Eight Dollars per Ton dollars $48.04 per ton
Terms of Payment: Net 30 days
Payment(s) to be made as follows:
fn the event payment are not made as outlined herein, the undersigned agrees to pay all costs of collection and attorneys fees Incurred by VC1 Environmental, Inc.
All material is guaranteed to specified. All work to he completed in a workmanlike manner according to standard practices. Any alteration of deviation from above
specifications Involvin ra co s will be executed only upon written orders, and will become an extra charge over and above the estimate- All agreements contingent
upon strikes, accide or delay beyond our contr. er to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation
Insurance. Owner rees to s ply CI nvir men nc. with 110 volt power and potable water to complete the cleaning process.
Authorized Signal Note: This proposal may be withdrawn by us if not accepted within 60
days
Dennis Schumann
Acceptance of Proposal: The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined. Signature
Date of Acceptance:
VCI Environmental., Inc.
76 St. Croix Trail North
Lakeland, MN 55043
OFFICE NO.: (651) 436-6559
FAX NO.: (651)436-2021
E-MAIL ADDRESS: Bennis@vcl-environmentat.com
Phi RAGEL
C O N T R AC TING
BID PRICING
May 29, 2015
Chad Hamann
Asphalt Surface Technologies Corp.
P.O. Box 1025
St. Cloud, MN 56302
Phone: 320.363.8500
Mobile: 320.248.3108
Chad08246yahoo.com
4125 Napier Court NE
St. Michael, MN 55376
ofhcc 763A24.1500 Fax:763A24.1501
www.racheicontracting.com
PROJECT: City of Medina Utility and Street Improvements WSB project number 2065-73
Buried Asbestos Soil & Debris Removal
QUOTE:
Unit Price $ 59.25/ton
INCLUDES: Earthwork:
• Load, Haul & Dispose of buried asbestos soil & debris $59.25 per ton
NOTES: I) . Asphalt Surface Technologies Corp to provide and maintain an access road for trucks.
2) We assume soil & debris is only contaminated with asbestos. Any additional contamination will
require additional testing by owner and a price adjustment will be necessary.
3) We assume all soil & debris will be direct loaded into trucks. If any sorting is required additional
costs will be incurred.
EXCLUDES: Hazardous Material Removal other than asbestos, Soil Correction, Shoring, Import of Aggregate Base or
Backfill, Landscaping Relocations, Contaminated Soils, Surveying/Staking, Traffic Control, Rock
Excavation, Dewatering, Fencing/Temporary Fence, Permits (City, State, NPDES, Etc.), Soil Testing or any
additional soil testing required by the landfill for proper disposal, Erosion Control, Bond (Add 1 % for
Bond)
Thank you for the opportunity to submit a proposal on this project. This quote is valid for 30 days after its submission,
based upon the date provided above with assumed payment terms of net 30 days. Please feel free to call with any
questions.
Nick Bartemio
Sr. Project Manager —Rachel Contracting
Direct: 763.424.1504
nbarteinioaraehelcontracting eom
COMMITTED TO PROFESSIONAL CONSTRUCTION EXCELLENCE AND SAFETY
Agenda Item # 8C
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: June 11, 2015
MEETING: June 16, 2015
SUBJECT: Chapter 7 of the Code of Ordinance regarding Public & Private Utilities
Attached is the amended Chapter 7 of the Code of Ordinances regarding Public and Private
Utilities for the City of Medina. The ordinance provides a comprehensive revision of the public
and private utilities to bring them up-to-date with current standards.
Background: In 2009 the City switched its billing from quarterly to monthly. Shortly after, staff
realized that our ordinance needed to be changed for that reason. After looking at it, I discovered
many changes that needed to be made, as well as several items that just plain needed to be
eliminated. The ordinance used to be a catch-all for items that are now covered in the fee schedule,
engineering standards, and building codes. The City Engineer, City Attorney, Public Works, and our
Finance Department have reviewed this ordinance. Changes were made where necessary.
Following is a list of some of the main items that were revised in Chapter 7:
• Quarterly to monthly and other billing procedure language throughout, as well as title
changes.
• Rewording of sections which talk about water and sewer connections.
• Removal of sewer districts.
• Updated water and irrigation meter language and fees.
• Addition of Cross -connection Control to ensure there is no contamination.
• Rewording of Liability of Repairs for water and sewer utilities located inside and outside
the public right -of way.
CITY OF MEDINA
ORDINANCE NO.
An Ordinance Amending Sections of Chapter 7 of the Code of Ordinances
Regarding Public and Private Utilities
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 700 is amended by deleting the stricken material and adding
the double -underlined material as follows:
Section 700.01. Sewer Code Defined. Sections 700.01 through 715.13 710.47 inclusive, shall
comprise and be referred to hereinafter as the Sewer Code.
Section 700.03. Definitions. Unless the context specifically indicates otherwise, the meaning of
terms in the Sewer Code shall be as follows:
Subd. 1. Sewage Work shall mean all facilities for collecting, pumping, treating and
disposing of sewage.
Subd. 2. Sewage shall mean a combination of the water -carried wastes from residences,
business buildings, institutions, and industrial establishments.
Subd. 3. Sewer shall mean a pipe or conduit for carrying sewage.
Subd. 4. Public Sewer shall mean a sewer in which all owners of abutting properties
have equal rights and is controlled by public authority.
Subd. 5. Sanitary Sewer shall mean a sewer which carries sewage and to which storm,
surface, and ground waters are not intentionally admitted.
Subd. 6. Storm Sewer or Storm Drain shall mean a sewer which carries storm and
surface waters and drainage, but excludes sewage and polluted industrial wastes.
Subd. 7. Sewer Treatment Plant shall mean any arrangement of devices and structures
used for treating sewage.
Subd. S. Industrial Wastes shall mean the liquid wastes from industrial processes as
distinct from sanitary sewage.
Subd. 9. Garbage shall mean solid wastes from the preparation, cooking and dispensing
of food, and from the handling, storage, and sale of produce.
Subd. 10. Properly Shredded Garbage shall mean the wastes from the preparation,
cooking, and dispensing of food that has been shredded to such degree that all particles
will be carried freely under the flow conditions normally prevailing in public sewers,
with no particle greater than 1/2 inch in any dimension.
1
Subd. 11. Building Drain shall mean that part of the lowest horizontal piping of a
drainage system which receives the discharge from soil, waste, and other drainage pipes
inside the walls of the building and conveys it to the building sewer, beginning 5 feet
outside the inner face of the building wall.
Subd. 12. Building Sewer shall mean the extension from the building drain to the public
sewer or other place of disposal.
Subd. 13. Carbonaceous Biochemical Oxygen Demand (CBOD5)
shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter
million by weight. present in wastewater as measured according to the latest edition of
Standard Methods for the Examination of Water and Wastewater prepared and published
jointly by the American Public Health Association, the American Water Works
Association, and the Water Environment Federation.
Subd. 14. Ph shall mean the logarithm of the weight of hydrogen ions in grams per liter
of solution.
Subd. 15. Suspended Solids shall mean solids that either float on the surface of, or are
in suspension in water, sewage, or other liquids; and which are removable by laboratory
filtering.
Subd. 16. Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake or
other body of surface or ground water.
Subd. 17. Watercourse shall mean a channel in which a flow of water occurs, either
continuously or intermittently.
Subd. 18. Person shall mean any individual, firm, company, association, society,
corporation or group.
Subd. 19. Shall is mandatory; May is permissive.
Subd. 20. Plumber means that all references to plumber within this ordinance, unless
otherwise stated within the context of this ordinance, shall mean a Master Plumber.
Subd. 21. City shall mean the City Council or any authorized agents or representatives
of the City, including employees of the City acting within the scope of their employment.
Section
Section 700.05. Protection from Damage. No unauthorized person shall maliciously, willfully,
or negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is a part of the municipal sewage works. Any person violating
this provision shall be subject to the penalty provided by this code.
Section 700.07. Powers of Inspection. The City Engineer and other duly authorized employees
of the City bearing proper credentials and identification shall be permitted to enter upon all
2
properties for the purposes of inspection, observation, measurement, sampling, and testing, in
accordance with the provisions of the Sewer Code.
Section 700.09. Loss to City. Any person violating any of the provisions of the Sewer Code
shall become liable to the City for any expense, loss, or damage occasioned the City by reason of
such violation.
Section 700.11. Use of Public Sewers Required. It shall be unlawful for any person to place,
deposit, or permit to be deposited in an unsanitary manner upon public or private property within
the City of Medina, or in any area under the jurisdiction of said City, any human or animal
excrement, garbage, or other objectionable waste.
Section 700.13. Sewage Treatment. It shall be unlawful to discharge into any natural outlet
within the City of Medina, or in any area under the jurisdiction of said City, any sanitary sewage,
industrial wastes, or other polluted waters, except where suitable treatment has been provided in
accordance with provisions of the Sewer Code.
Section 700.15. Use of Public Sewer Required. Except as hereinafter provided, it shall be
unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility
intended or used for the disposal of sewage.
Section 700.17. Toilet Facilities. The owner of all houses, buildings, or properties used for
human occupancy, employment, recreation, or other purpose, situated within the City and
abutting on any street, alley or right-of-way in which there is now located or may in the future be
located a public sanitary sewer of the City, is hereby required at the owner's expense to install
suitable toilet facilities therein, and to connect such facilities directly with the proper public
sewer in accordance with the provisions of the Sewer Code, within 90 days after date of official
notice to do so, provided that said public sewer is located in the street or alley of abutting
property.
Section 700.19. Discontinue Septic Tanks and Cesspools. The owner of all houses, buildings
or properties where cesspools and septic tanks have been in existence prior to the construction of
the sanitary sewer, shall connect with the public sewer within 90 days of official notice to do so.
In the event that a hardship exists with respect to fulfilling the requirements contained in this
section, it is required that the owner submit a request for a time extension in writing to the City
Council for its determination and decision as to whether a hardship does exist and whether an
extension of time shall be granted. No septic tank or cesspool shall be permitted to discharge into
any public sewer or natural outlet.
Section 700.21. Draining Private Systems. The contents of septic tanks cannot be pumped
into the public sewer system or in any manner emptied into said public sewer system.
Section 700.23. Filling. Filling of any cesspool, septic tank or similar tanks shall not
commence until permission has been granted by the Building Inspector. All discontinued
cesspools and septic tanks shall be filled with soil.
3
Section 700.25. Private Systems. Where a public sanitary sewer is not available, the building
sewer shall be connected to a private sewage disposal system complying with the provisions of
the Individual Sewage Treatment Code.
Section 700.27. Permits Required for Public Sewer Connections. No unauthorized person
shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer
or appurtenance thereof without first obtaining a written permit from the Building Inspector and
otherwise complying with the terms of this chapter.
Section 700.29. Supervision. No plumbing shall be done except under direct supervision of a
Master Plumber when said plumbing is connected with a public sewer.
Section 700.31. Bonds. Permits for building sewers and connections shall be taken out by a
Master Plumber, who shall be licensed and bonded as described in Chapter 326 of Minnesota
Statutes.
Section 700.33. Insurance. Prior to the commencement of construction work such Master
Plumber shall maintain insurance as described in Chapter 326 of Minnesota Statutes. Should the
insurance coverage hereinbefore provided be inadequate in amount then such Master Plumber
shall himself indemnify and save harmless the City and all of its officers and employees.
Section 700.35. Permits. The owner or agent shall make application for a permit on a form
furnished by the City. The permit application shall be supplemented by any plans, specifications,
or other information which the City Engineer may reasonably require. The applicant shall certify
whether the building sewer will carry residential, commercial or industrial wastes.
Section 700.37. Fees. A permit and inspection fee for a sewer permit shall be paid to the City
Clerk Treasurer of Medina at the time the application is filed, in an amount determined by the
City Council resolution fee schedule.
Section 700.39. Permit Card. The City shall furnish a Permit Card with permit number which
shall be prominently displayed on property where sewer connection is being made; said card
shall be displayed for the duration of the work.
the cost of sewer and water improvements paid by other premises similarly benefited within the
assessment district, shall be paid at the time of the issuance of a building permit for a connection
to Sanitary Sewer and/or Public Water lines of any premise specially benefited by Sanitary
Sewer and/or Public Water Improvements, which premise paid no part of the original assessment
for such benefit.
amount of the Deferred Connection Charge levied pursuant to Section 700.41 hereof for
premises lying within the Independence Beach Sanitary Sewer and Water Project shall be as
follows:
4
Subd. 1. Single Family Unit. For any parcel, lot or combination thereof having no more than 120
feet of frontage and devoted or to be devoted to Single Family Dwelling Use, the following fees:
(a) Sanitary Sewer Unit Charge, $2,708.40, (b) Water Unit Charge, $1,809.60, (c) Sanitary
Sewer Charge per front foot in excess of 120 feet, $22.50, (d) Water Charge per front foot in
cess of 120 feet, $15.08.
Subd. 2. Multiple Dwelling Unit. Any parcel, lot or combination thereof having frontage of not
more than 240 feet and devoted or to be devoted to Multiple Family Dwelling Use, the following
fees: (a) Sanitary Sewer Unit Charge per Dwelling Unit, $2,166.72, (b) Water Unit Charge per
Dwelling Unit, $1,447.68, (c) Sanitary Sewer Charge per front foot in excess of 240 feet, $18.06,
(d) Water Charge per front foot in excess of 240 feet, $12.06.
Subd. 3. Commercial Unit. Any parcel, lot or combination thereof having an area not exceeding
one third of an acre and devoted or to be devoted to Commercial Uses, the following fees: (a)
Sanitary Sewer Unit Charge, $2,708.40, (b) Water Charge per front foot, $15.08.
Subd. 4. Extended Area Unit. Each Dwelling Unit and each Commercial Unit on any parcel, lot
or combination thereof not previously benefited and subjected to assessment, which by later
extension of Water or Sanitary Sewer Lines is specially benefited by the Independence Beach
Water Supply System, Sanitary Sewer Interceptor, or Life Stations shall pay the following fees:
(a) For Water, for each Dwelling Unit or Commercial Unit, an amount calculated by the City
Engineer and obtained by adding all original costs of the Independence Beach Water Supply
System and dividing by 134,
(b) For Sanitary Sewer, for each Dwelling Unit or Commercial Unit, an amount calculated by the
City Engineer and obtained by adding the costs of the Independence Beach Sanitary Sewer
Interceptor and Lift Stations and dividing by 195.
Section 700.45 700.41. Owner to Pay Expense. All costs and expense incidental to the
installation and connection of the building sewer shall be borne by the owner. The owner shall
indemnify the City from any loss or damage that may directly or indirectly be occasioned by the
installation of the building sewer.
Section 700:47 700.43. Separate Sewers. A separate and independent building sewer shall be
provided for every building.
Section 7-00:49-700.45. Old Sewers. Where any pipe of material other than extra heavy cast
iron pipe, or vitrified clay pipe Schedule 40 Polyvinyl Chloride ("PVC") or Ductile Iron Pipe
("DIP") is encountered in the existing building drain or building sewer, it shall be replaced with
pipe meeting the requirements of this ordinance of city engineering specifications and/or the
state building code.
Section 700.51 700.47. Crossin Cess i ools and Se s tic Tanks. Building sewer pipe may be
laid across existing cesspools and septic tanks providing pipe rests on a steel reinforced concrete
slab, which ends rest directly on the concrete block walls. The two center sections of a regular
cesspool cover laid parallel with each other may be used.
5
Section 700.53 700.49. Elevation. Whenever possible the building sewer shall be brought to
the building at an elevation below the basement floor. No building sewer shall be laid parallel to
or within three feet of any bearing wall, which might thereby be weakened. The depth shall be
sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and
in straight alignment insofar as possible.
Section 700.55 700.51. Lifts. In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by
approved artificial means and discharged from the building.
Section 700.57 700.53. Excavations. All excavating required for the installation of a building
sewer shall be open trench work unless otherwise approved by the City Engineer. Pipe laying
and backfill shall be performed in accordance with rules and regulations of the City of Medina.
No backfill shall be placed until the work has been inspected and approved. Tunneling may be
permitted but no tunnel shall exceed six (6) feet in length and the pipe shall be installed so as to
permit inspection of all joints.
Section 700.59 700.55. Sewer Service Pipe. All sewer service pipes shall be extra hmvy cast
inches Schedule 40 PVC or DIP and must be installed according to city engineering
specifications and/or the state building code.
Section 700 61-700.57. Joints. All joints and connections shall be made gas -tight and water-
tight.
Subd. 1. Lead. Lead shall be rtm in ene ^ c-aulk-ed-tight 't min*, ish
other coating shall be permitted on the jointing material until after the joint has been
tested and approved.
Subd. 2. Compression. Joints shall be ASTM C564 neoprene positive one piece double
seal displacement and compression type. Lubricant and method of installation shall be in
accordance with the manufacturer's instructions.
Subd. 3. Joints. All joints in vitrified clay pipe shall be ASTM designation C425 ? 60T
Type I or Type III specially molded integrally with the pipe. Joints between such vitrified
clay pipe and cast i^i' „ o shall- e made • it ^ e het „ fe ointing material
as specified below.
the effectiveness of the joint when subjected to a temperature of one hundred sixty (160°
F.) degrees Fahrenheit, nor be soluable in any of the wastes carried by the drainage
system. The joint shall first be caulked tight with jute, hemp, or similar approved
material.
Section 700.65. Connections, "Y" Branch. The connection of the building sewer into the
public sewer shall be made at the existing service sewer lead, if such is available at a suitable
6
location. If the public sewer is twelve (12) inches in diameter or less, and no properly located
sewer lead is available, the owner shall, at his expense, install a "Y" branch in the public sewer at
the location specified and as directed by the City Engineer. Where the public sewer is greater
than 12 inches in diameter, and no properly located "Y" branch is available, a neat hole may be
an angle of about forty five (45°) degrees. A forty five degree ell may be used to make such
elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the
connection made secure and watertight by engagement in concrete. Special fittings may be used
for the connection only when approved by the City Engineer.
Section 7-AO77-700.59. Permit Required. No person shall in any way open or cut a public
street to connect to a "Y" branch without first acquiring a written permit from the City of
Medina.
Section 7-00:69-700.61. Connections, Where Sewers Provided. Sewer service leads have been
provided for each separate structure and all connections to the public sanitary sewer shall be
made where sewer service leads have been installed. Connection with the public sanitary sewer
at any other location must be approved by the City Engineer prior to starting of any construction.
In the event the sewer service leads which have been installed cannot be used, then the property
owner shall pay the full cost of making the connection elsewhere.
Section 700.71 700.63. Inspection. The applicant for the building sewer permit shall notify the
City when the building sewer is ready for inspection and connection to the public sewer. The
connection shall be made under the supervision of the City or its representative.
Section 700.73 700.65. Guards etc. All excavations for building sewer installation shall be
adequately guarded with barricades and lights so as to protect the public from hazard. Streets,
sidewalks, parkways and other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the City.
SECTION II: Medina Code Section 701 is amended by deleting the stricken material and
adding the double -underlined material as follows:
Section 701.01. Use of Public Sewers; Surface Waters. No person shall discharge or cause to
be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage
including water from a sump pump, cooling water or unpolluted industrial process waters to any
sanitary sewer. Discharge of water from a sump pump shall be accomplished in a manner
consistent with regulations adopted by the city council.
Section 701.03. Storm Sewers. Storm water and all other unpolluted drainage shall be
discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet
approved by the City Council. Industrial cooling water or unpolluted process waters may be
discharged, upon approval of the City Council, to a storm sewer, or natural outlet.
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Section 701.05. Prohibited Wastes. Except as hereinafter provided, no person shall discharge
or cause to be discharged any material which may adversely affect the public sewer system,
including but not limited to the following described waters or wastes to any public sewer:
Subd. 1. Any liquid or vapor having a temperature higher than 150 degrees F.
Subd. 2. Any water or waste which may contain more than 100 parts per million, by
weight, of fat, oil, or grease.
Subd. 3. Any gasoline, benzene, flapl-tta naphtha, fuel oil, or other flammable or
explosive liquid, solid or gas.
Subd. 4. Any garbage that has not been properly shredded.
Subd. 5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, paunch manure, or any other solid or viscous substance capable of
causing obstruction to the flow in sewers or other interference with the proper operation
of the sewage works.
Subd. 6. Any waters or wastes having a Ph lower than 5.5 or higher than 9.0 or having
any other corrosive property capable of causing damage or hazard to structures,
equipment, and personnel of the sewage works.
Subd. 7. Any waters or wastes containing a toxic or poisonous substance in sufficient
quantity to injure or interfere with any sewage treatment process, constitute a hazard to
humans or animals or create any hazard in the receiving waters of the sewage treatment
plant.
Subd. 8. Any waters or wastes containing suspended solids of such character and
quantity that unusual attention or expense is required to handle such materials at the
sewage treatment plant.
Subd. 9. Any noxious or malodorous gas or substance capable of creating a public
nuisance.
Section 701.07. Grease, etc.
Subd. 1. Grease, oil, and sand interceptors shall be provided when they are necessary for
the proper handling of liquid wastes containing grease in excessive amounts or any
flammable wastes, sand, and other harmful ingredients; except that such interceptors shall
not be required for private living quarters or dwelling units. All such interceptors shall be
of a type and capacity approved by the City Engineer, and shall be located as to be
readily and easily accessible for cleaning and inspection.
Subd. 2. Construction. Grease and oil interceptors shall be constructed of impervious
materials capable of withstanding abrupt and extreme changes in temperature. They shall
be of substantial construction, watertight, and equipped with easily removable covers
which when bolted in place shall be gas -tight and watertight.
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Subd. 3. Where installed, all grease, oil and sand interceptors shall be maintained by the
owner, at his expense, in continuously efficient operation at all times.
Section 701.09. Restricted Wastes. The City Engineer may restrict, condition or prohibit the
admission into the public sewers of any waters or wastes:
Subd. 1. having a 5 day Biochemical Oxygen Demand CBOD5 greater than 300 parts
per million by weight 200 milligrams per liter (mg/1), and/or
Subd. 2. containing more than 350 parts per million by weight 250 mg/1 of total
suspended solids, and/or
Subd. 3. containing any quantity of substances having the characteristics described in
Section 700.77 701.05, and/or
Subd. 4. having an average daily flow greater than 2% of the average daily sewage flow
of the City.
Section 701.11. Reduction of Waste.
Subd. 1. The owner shall provide at his expense, such preliminary treatment as may be
necessary to,
(a) reduce the Biochemical Oxygen Demand CBOD5 to 200 parts per million by weight
milligrams per liter (mg/1), and the total suspended solids to 350 parts per million by
weight 250 mg/1, and/or
(b) reduce objectionable characteristics or constituents to within the maximum limits
provided for in Section 8-5-3- 701.05, or (c) control the quantities and rates of discharge of
such waters or wastes.
Subd. 2. Submission to MWCC. Plans, specifications, and any other pertinent
information relating to proposed preliminary treatment facilities shall be submitted for
the approval of the City Engineer and of the Metropolitan Waste Control Commission,
and no construction of such facilities shall be commenced until said approvals are
obtained in writing.
Section 701.13. Preliminary Treatment. Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained continuously in satisfactory and effective
operation, by the owner at his their expense.
Section 701.15. Manholes. The owner of any property served by a building sewer carrying
industrial wastes shall install a suitable control manhole in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole, when required, shall be
accessibly and safely located, and shall be constructed in accordance with plans approved by the
City Engineer. The manhole shall be installed by the owner at his their pensc expense, and shall
be maintained by hini the owner so as to be safe and accessible at all times.
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Section 701.17. Tests. All measurements tests and analyses of the characteristics of waters and
wastes to which reference is made in Sections 853 and 856 701.09 and 701.11 shall be
determined in accordance with methods employed by the Minnesota Department of Health, and
shall be determined at the control manhole provided for in Section 858 or upon suitable samples
taken at said control manhole. In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in the public sewer to the
point at which the building sewer is connected.
Section 701.19. Agreement with City. No statement contained in this chapter shall be
construed as preventing any special agreement or arrangement between the City and any
industrial concern whereby an industrial waste of unusual strength or character may be accepted
by the City for treatment, subject to payment therefor by the industrial concern.
Section 701.21. Industrial User Strength Charge. The Metropolitan Waste Control
Commission, a metropolitan commission organized and existing under the laws of the State of
Minnesota (the "Commission"), in order to receive and retain grants in compliance with the
Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the
"Act"), has determined to impose an industrial user sewer strength charge upon users of the
Metropolitan Disposal System (as defined in Minnesota Statutes, Section 473.121, subdivision
24) to recover operation and maintenance costs of treatment works attributable to the strength of
the discharge of industrial waste, such sewer strength charge being in addition to the charge
based upon the volume of discharge. In order for the City to pay such costs based upon strength
of industrial discharge and allocated to it each year by the Commission, it is hereby found,
determined and declared to be necessary to establish sewer strength charges and a formula for
the computation thereof for all industrial users receiving waste treatment services within or
served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers
the City to make such sewer charge a charge against the owner, lessee, occupant or all of them
and certify unpaid charges to the county auditor as a tax lien against the property served.
Section 701.23. Establishment of Strength Charges. For the purpose of paying the costs
allocated to the City each year by the Commission that are based upon the strength of discharge
of all industrial users receiving waste treatment services within or served by the City, there is
hereby approved, adopted and established, in addition to the sewer charge based upon the
volume of discharge, a sewer charge upon each person, company or corporation receiving waste
treatment services within or served by the City, based upon strength of industrial waste
discharged into the sewer system of the City (the "Strength Charge").
Section 701.25. Establishment of Strength Charge Formula. For the purpose of computation
of the Strength Charge established by Section 862 701.23 hereof, there is hereby established,
approved and adopted in compliance with the Act the same strength charge formula designated
in Resolution No. 76-172 adopted by the governing body of the Commission on June 15, 1976,
such formula being based upon pollution qualities and difficulty of disposal of the sewage
produced through an evaluation of pollution qualities and quantities in excess of an annual
average base and the proportionate costs of operation and maintenance of waste treatment
services provided by the Commission.
Section 701.27. Strength Charge Payment. It is hereby approved, adopted and established
that the Strength Charge established by Section 862 701.23 hereof shall be paid by each
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industrial user receiving waste treatment services and subject thereto before the twentieth (20th)
day next succeeding the date of billing thereof to such user by or on behalf of the City, and such
payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such
date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid
before such date an industrial user shall pay interest compounded monthly at the rate of two-
thirds of one percent (2/3%) per month on the unpaid balance due.
Section 701.29. Establishment of Tax Lien. As provided by Minnesota Statutes, Section
444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the
Strength Charge established by Section 862 701.23 hereof is not paid before the sixtieth (60th)
day next succeeding the date of billing thereof to the industrial user by or on behalf of the City,
said delinquent sewer strength charge, plus accrued interest established pursuant to Section 8611
701.25 hereof, shall be deemed to be a charge against the owner, lessee and occupant of the
property served, and the City or its agent shall certify such unpaid delinquent balance to the
county auditor with taxes against the property served for collection as other taxes are collected;
provided, however, that such certification shall not preclude the City or its agent from recovery
of such delinquent sewer strength charge and interest thereon under any other available remedy.
Section 701.31. Definition Governing Rules and Rates for Sewer Charge. Unless the
language clearly indicates that a different meaning is intended, the following terms and phrases
shall be given the meaning set out below for the purposes of this ordinance:
Subd. 1. Normal Sewage is water -carried waste products from residences, public
buildings, business or industrial establishments, schools, or any other buildings or
structures, including the excrementitious excrement or other discharge from human
beings or animals, together with such ground water infiltration as may be present.
Subd. 2. Industrial Waste is any liquid, gaseous or solid waste substance resulting from
any process of industry, manufacturing, trade, business, the development of any natural
resource or any similar activity.
Subd. 3. Average Unit is defined as a building containing three people.
Section 701.33. Rates.
Subd. 1. The following rates and charges for use and service of the sanitary sewer
system are hereby established, such charges and rates to be made against each lot, parcel
of land, unit or premises which may have a connection directly or indirectly into the City
sanitary sewer system and which discharges only normal sewage into such system.
Subd. 2. Minimum Charges. The minimum quagefly monthly charge whether use of
water is metered or not shall be set by Resolution of the City Council.
Subd. 3. Flat Charges. Where the rate is not based upon the metered use of water,
quarterly monthly flat charges shall be set by Resolution of the City Council.
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Subd. 4. Extraordinary Charges. Notwithstanding any other provision of this ordinance
to the contrary, the rate for discharge of water from any extraordinary source into the
sanitary sewer system shall be established by Resolution of the City Council.
Subd. 5. Metered Flow Charges. For all residential premises where the rate is to be
based on the metered flow of water, the rate shall be set by Resolution of the City
Council.
Subd. 6. Rate -Industrial Waste and Large Units. On each lot, parcel, premises, or unit
not enumerated herein, the use of water shall be metered and the rate shall be the same as
that provided in the City Council rate Resolution.
Section 701.35. Metering Water Supply in Lieu of Flat Charge. A meter recording the use of
water may be installed on any non-residential lot, parcel, premises or unit enumerated in this
ordinance and thereafter the rate shall be based upon such use of water. The City Council, may
by resolution, require and order the installation of such meter on any such lot, parcel, premises or
unit or class thereof where it shall determine that the aforementioned flat charges are impractical
to apply, or result in inequitable charges because insufficient or excessive; and thereafter the rate
shall be based upon such use of water.
Section 701.37. Installation of Meter. Any water meter installed for use or used as a basis for
the computation of sewer rates shall be installed and maintained in good operating condition at
all times. The City shall purchase the water meter, external unit and attachment horn on behalf of
the owner, but the owner shall reimburse the City for the cost of the water meter, external unit
and attachment horn upon receipt of the water meter, external unit and attachment horn. The City
shall at its own cost maintain the water meter, external unit and attachment horn, provided,
however, that if there is tampering with the water meter, external unit and attachment horn, then
the owner shall be charged with the cost of maintaining the water meter, external unit and
attachment horn. Ordinary wear and tear of the water meter, external unit and attachment horn
shall not constitute tampering by the owner. Installation of and maintenance of such meter shall
be made in accordance with the plumbing regulations of this City.
Section 701.39. Water Used Not Entering Sewer Systems. If the lot, parcel of land, or
premises discharges normal sewage or industrial waste into the sanitary sewage system, either
directly or indirectly, and it can be shown to the satisfaction of the City Council that a portion of
the water measured by the water meter does not and cannot enter the sanitary sewage system,
then, and in that event, the City Council may permit or require the installation of other or
additional meters in such a manner that the quantity of water which actually could enter the
sewer system may be determined. In such case the charges or rates shall be based upon the
amount of water which can enter the sanitary sewage system.
Section 701.41. Supplying Information. The owner, occupant or person in charge of any
premises shall supply the City with such information as the City may reasonably require related
to use of water, use of sewer, or sewer rates. Willful failure to provide such information or
willful falsification of such information shall constitute a violation of this ordinance, as shall
willful failure to comply with any requirement or order issued pursuant to this ordinance.
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Section 701.43. Estimated Bills. If the owner, occupant or person in charge of any premises
shall fail or refuse to provide information as provided in Section 701.41 hereof, or shall fail or
refuse to comply with any requirement of this ordinance, the proper charge for such premises
shall be estimated and billed in accordance with such estimate.
Section 701.45. Beginning Service. For a fraction of a quarter month the charges and rates for
nonmetered units shall be based upon the amount of the established flat charge, provided,
however, that the actual month day of beginning shall be considered as having begun on the first
or the fifteenth of the month, whichever is closer.
Section 701.47.
Subd. 1. The City Council may by resolution adjust any of the charges set forth in this
ordinance upon recommendation of the City Engineer or other employees of the City, based
upon the actual costs to the City, of the service and facilities being provided.
Subd. 2. The provisions of the preceding subdivision notwithstanding, the City Council may be
by resolution adjust the charges made hereunder to any person, firm or corporation, upon
recommendation of the City Engineer or other employees of the City, based upon the degree or
extent of treatment required before such sewage is introduced into the Municipal Sewer System.
SeEtio 7-n19, Sewer—Distni is
Sanitary Sewer district in the City of Medina to be known as the Hamel Sewer District,
the boundaries of which shall be as follows: The actual boundary lines of this District arc
shown on the plat thereof prepared by William T. Mills, consulting engineer, and which
plat is on file with the City Clerk Treasurer and which is dated March 13, 1968, or as
subsequently arranged by the City Council.
Subd. 2. Independence Sewer District Established. There is hereby created and
established a Sanitary Sewer district in the City of Medina to be known as the
Independence Sewer District, the boundaries of which shall be as follows: The actual
boundary lines of this District are shown on the plat thereof prepared by McCombs
Knutson, consulting engineer, and which plat is on file with the City Clerk Treasurer and
which is dated , or as subsequently arranged by the City Council.
Medina Morningside Sewer District, the boundaries of which shall be as follows: The
actual boundary lines of this District are shown on the plat thereof prepared by
McCombs Knutson, consulting engineer, and which plat is on file with the City Clerk
Treasurer and which is dated , or as subsequently arranged by the City
Council.
SECTION III: Medina Code Section 710 is amended by deleting the stricken material and
adding the double -underlined material as follows:
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Section 710.01. Definitions. For the purposes of this section, the following terms shall have the
meanings given to them:
Subd. 1. "Backflow Preventer" means any mechanical or air gap system designed and
installed in order to prevent the accidental Backflow of water from one source to another.
Subd 2. "City Water Supply System" means all Public Water Supply Wells, water
towers, reservoirs, treatment plants, water mains, and service lines that the city City
owns, operates or maintains and all private water lines connected to any of the above.
Subd. 3. "Drinking Water Supply Management Area" means the surface and subsurface
area surrounding a Public Water Supply Well, including the Wellhead Protection Area,
which must be managed in accordance with the Wellhead Protection Plan.
Subd. 4. "Irrigation Well" means any well that is installed to provide water to
supplement the water level of a Storm Water Pond which is utilized for a Lawn and
Landscape Irrigation System.
Subd. 5. "Lawn and Landscape Irrigation System" means all pumps, lines or sprinkler
heads which are located on private property or within the adjacent public right-of-way
that have a sole purpose of irrigating landscape plants and/or grass.
Subd. 6. "Private Water Supply Well" means a Water Supply Well that is not owned,
operated or managed by the city City.
Subd. 7. "Public Water Supply Well" means a Water Supply Well owned, managed or
operated by the city City.
Subd. 8. "Seed Bed Preparation" means the preparation of top soil for any seeding,
sodding or planting. A seed bed shall consist of a minimum of four inches of black top
soil and two inches of humus or compost material.
Subd. 9. "Storm Water Pond" means any basin that is designed and constructed to treat
storm water runoff from a particular area.
Subd. 10. "Water Supply Well" means a well that is not a dewatering well or monitoring
well and includes wells used:
(a) for potable water supply;
(b) for irrigation;
(c) for agriculture, commercial or industrial water supply;
(d) for heating or cooling;
(e) as a remedial well; and
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(f) for testing water yield for irrigation, commercial or industrial uses, residential
supply or public water supply.
Subd. 11. "Wellhead Protection Area" means the surface and subsurface area
surrounding a Public Water Supply Well as identified in the Well Protection Plan.
Subd. 12. "Wellhead Protection Plan" means the city City plan, which has been
approved by the Minnesota Department of Health, which provides for the protection of
all Public Water Supply Wells.
Section 710.02. Private Water Supply Wells where City Water Supply System is Available.
Subd. 1. Purpose. The City Water Supply System represents a significant public
investment and its operation in an efficient and sanitary manner is essential to protect
public health, safety and welfare, to safeguard municipal finances and to support
development within the community. It is the purpose of this ordinance to protect the
integrity, financial stability, and adequacy of the City Water Supply System by restricting
the installation of Private Water Supply Wells where the City Water Supply System is
available and regulating the permitting of Private Water Supply Wells in locations where
they pose a threat to City Water Supply Wells.
Subd. 2. Private Water Supply Wells Prohibited where City Water Supply System is
Available.
(a) No Private Water Supply Well may be installed on any property where the
City Water Supply System is available with the exception of the wells
described in Subd. 2(b) of Section 710.02 below. For the purpose of this
section, the City Water Supply System shall be considered available if the
property is within the current or earlier time period of the Urban Services
Phasing Plan of the City of Medina Comprehensive Plan.
(b) Exceptions.
(1) Irrigation Wells. Irrigation Wells may be installed to supplement water in
storm water ponds which supply a Lawn and Landscape Irrigation System.
Such Wells shall require prior written approval of the City. No Irrigation
Well shall be permitted by the City within the Drinking Water Supply
Management Area unless the applicant can demonstrate to the satisfaction of
the City that the Irrigation Well will not have a negative effect on a City
Water Supply Well, impact the City's ability to provide an adequate public
water supply or otherwise compromise the City Water Supply System.
(2) Private Water Supply Wells used solely as part of a heating or cooling
system for a building.
(3) Private Water Supply Wells on property zoned Rural Residential -Urban
Reserve (RR-UR), Rural Business Holding (RBH), or Rural Commercial
Holding (RCH) if the City determines that connecting to the City Water
15
Supply System is not economically feasible based on the use proposed on the
property.
Section 710.03. Connections with Water Mains Prohibited. No person except employed or
authorized by the City shall tap any distributing main or pipe of the City Water Supply System,
or insert stop -cocks or corporation -cocks therein.
Section 710.04. Permits for Service Connections.
Subd. 1. No connection or service tapping shall be made with a City water main without
a permit which shall be issued by the City upon application by a licensed Master
Plumber.
Subd. 2. No permit shall be issued for a connection or service tapping with the City water
main to anyone except a licensed Master Plumber.
Subd. 3. Permits shall describe the location and size of each connection, and size must
not be departed from in any degree, except on the written consent made on said permit by
the officer giving the same.
Section 710.05. Supervision. No plumbing shall be done except under direct supervision of a
Master Plumber when connecting with a public water system.
Section 710.07. Bonds and Insurance. Permits for building water systems and connections
shall be taken out by a Master Plumber, who shall furnish a bond and insurance as required by
Sections 700.31 and 700.33 of this Code.
Section 710.09. Permit Card. The City shall furnish a Permit Card with permit number which
shall be prominently displayed on property where water connection is being made; said card
shall be displayed for the duration of the work.
Section 710.11. Connection Fees. The fee for a permit for water main tapping shall be paid for
each connection in the amount specified by Resolution of the City Council. In addition thereto,
before any permit shall be issued, there shall be paid any sum required under Sections 710.13
and 710.15.
Section 710.13. Payment of Assessments. No permit shall be issued to tap or connect with any
water main of the City of Medina either directly or indirectly from any lot or tract of land unless
the City Administrator -Clerk Treasurer shall have certified one of the following:
Subd. 1. That such lot or tract of land to be served by such connection or tap has been
assessed for the cost of construction of the water main with which the connection is
made;
Subd. 2. If no assessment has been levied for such construction cost, that proceedings
for levying such assessment have been or will be commenced in due course;
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Subd. 3. If no assessment has been levied, and no assessment proceedings will be
completed in due course, that a sum equal to the portion of cost of constructing said water
main which would be assessable against said lot or tract has been paid to the City.
Section 710.15. Payment Where No Assessment Has Been Made. If no such certificate can
be issued by the City Administrator -Clerk Treasurer, no such permit to tap or connect to any
water main shall be issued unless the applicant shall pay an additional connection fee which shall
be equal to the portion of the cost of construction of the said main which would be assessable
against said lot or tract to be served by such tapping or connection. Said assessable cost is to be
determined by the City Engineer and City Assessor upon the same basis per front foot as any
assessment previously levied against other property for the said main, or, if no such assessment
has been levied, upon the basis of the uniform charge per front foot which may have been or
which shall be charged for similar tapping or connection with said main, determined on the basis
of the total assessable cost of said main allocated on a frontage basis.
Section 710.16. Excavation Permits Required. No person shall excavate in a public street to
service a water main, make connection therewith, or for any purpose which will expose a water
main, unless given permit to do so by the City.
Section 710.17. Permit Applications. Application for a permit shall be made in writing and
signed by the owner or his agent duly authorized to do the work. The application must state
clearly the kind of service for which the connection is intended, the size and kind of pipe to be
used, the street and number, which side of street, if on a corner, on which street to be tapped,
with a diagram of the property to be supplied, showing the streets, the boundary, the block on
which it is situated, with the distance from the nearest corner, the full name and address of the
owner, the purpose for which the water is to be used, the time when the corporation -cock is to be
inserted; and the application shall show all other particulars necessary to the full understanding
of the subject. No permit shall authorize anything not stated in the application. For any
misrepresentation in such application the permit may be suspended, and if the misrepresentation
appears to be willful, the permit will be revoked.
Section 710.19. Corporation -Cock and Laying of Service Pipes. The corporation -cock
inserted in the distributing pipe must be of the size specified in the permit order. Every service
pipe must be laid sufficiently waiving to allow of not less than one foot of extra length, and in
such manner as to prevent rupture by settlement. The service pipe must be placed not less than
eight feet below the surface and in all cases so arranged as to prevent rupture from freezing.
Section 710.21. Stop Boxes. Service pipes must extend from the main to the inside of the
building; or if not taken into a building then to the hydrant or other fixtures which it is intended
to supply. A stop -cock accessible from the surface thru through a sleeve without digging in all
cases must be placed outside in a box at the curb, and a shut-off or other stop -cock with waste, of
the size and strength required, shall be placed close to the inside wall of the building, well
protected from freezing. All stop boxes at the curb must be set in front of the building intended
to be supplied, not to exceed two feet from the property line of said building or part thereof at the
back side of the perimeter drainage and utility easement of said lot. All stop boxes and cocks
must conform to the specifications of the City of Medina.
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Section 710.23. Pipe Sizes. The pipe sizes shall be as specified and directed by the City
Engineer for the City of Medina.
Section 710.25. Time for Insertion. If from any cause the plumber laying the service pipe
should fail to have the corporation -cock inserted at the time specified in his application, notice
must be given the City fixing another day on which he wishes the corporation -cock to be
inserted. The notice must be given at least two days previous to the excavation for laying of the
service pipe, and the corporation -cock must be inserted before 5 p.m. except in special cases, and
then the work shall be done only upon a written order from the City.
Section 710.27. Turning on Water. No person shall turn on any water supply at the stop box
without a permit from the City Clerk Treasurer Public Works Director, and no such permit shall
be given anyone but a licensed plumber. The City reserves the right to turn off any water supply
if said number is not displayed after a written notice has been sent to the owner as appearing on
its books.
Section 710.29. Supply from One Corporation -Cock. No more than one house or building
shall be supplied from one corporation -cock.
Section 710.31. Repair of Leaks. In case of failure upon the part of any consumer or owner to
repair any leak occurring upon her or his service pipe within 24 hours after verbal or written
notice has been given upon the premises, the water will be shut off and will not be turned on
until the leak is repaired. Upon notice to the Building Inspector and verification that the leak has
been repaired, and payment of a fee set by resolution of the City Council, the water will be
turned on.
Section 710.33. Water Meters. Except for extinguishment of fires or when authorized by
special permit from the City Clerk Treasurer, and for temporary purposes only, no person shall
use water from the water supply system of the City or permit water to be drawn therefrom,
except the same be metered by passing through a meter supplied or approved by the City. No
person not authorized by the City Clerk Treasurer shall connect, disconnect, take apart, or in any
Section 710.33. Water Meters.
Subd. 1. Domestic Water Meter. Every customer shall provide a suitable place where
a meter can be installed, and a licensed plumber shall install and maintain the same. The
City fee schedule shall determine the charge to be made to customers for purchase of a
water meter, with size and type of meter to be determined by the City Public Works
Director and/or the City Engineer, and payment for same shall be made at the time a new
home permit is applied for.
Subd. 2. Irrigation Meter. In order to save on irrigation costs, a customer may apply
for a permit to purchase from the City a one inch irrigation meter, which charge shall be
determined by the City fee schedule.
Subd. 3. Temporary Water Meter. Except for extinguishment of fires or when
authorized by special permit from the City Public Works Director, and for temporary
18
purposes only, no person shall use water from the Water Supply System of the City or
permit water to be drawn therefrom, except the same be metered by passing through a
meter and approved backflow preventer and will be subject to a hookup fee according to
the fee schedule. No unauthorized person shall connect, disconnect, take apart, or in any
manner change, or cause to be changed, or interfere with any such meter or the action
thereof.
Section 710.35. Usage and Testing Fees. The City Council shall by Resolution fix the charge
to be made to customers for water meters, and payment for same shall be made in advance before
delivery for installation. Whenever any meter shall become obstructed or out of order, the City
of a fee set by Resolution by the City Council, the City will test such water meter. All water
Whenever any meter shall become obstructed or out of order, the City shall issue a work order
for it to be repaired. If at any time the customer requests to have the meter tested for accuracy,
the same shall be done by the City, with the fee determined by the City fee schedule and charged
to the customer if the meter registers 90% or more accurate. All water meters shall remain the
property of the City and may be replaced at any time by the City, in the City's sole discretion.
Section 710.37. Meter Damaged mod, Costs. Whenever the City Council shall determine
that any water meter has been damaged by reason of the presence of sand in water which has
passed through it from the public water supply system, City Council may cancel any obligation
such repair be paid out of the funds of the City. Water meters shall be repaired or replaced from
time to time as is necessary to insure accurate measuring of the flow of water. The cost of said
repair or replacement shall be borne by the City except that whenever a meter has been damaged
due to negligence on the part of persons other than the employees of the City, the owner,
occupant, or user of the premises or such other person desiring the use of the water shall
reimburse the City within 60 days and upon demand therefore, the water service and supply to
said premises may be shut off or discontinued as determined to be in the best interests of the
City.
Section 710.39. Old Corporation -Cocks Plugged, Penalty. When new buildings are erected
on the sites of old ones, and it is desired to increase or change the old water service, no
connections with the mains shall be given until all the old corporation -cocks shall have been
removed and the main plugged. If any contractor, workman or employee upon such building
shall cause or allow any service pipe to be hammered together at the ends to stop the flow of
water, or save expense in removing such pipe from the main, the owner of such building, such
workman or contractor shall, upon conviction thereof, be guilty of a misdemeanor, and shall
remove said service pipe from the main; if he shall fail to do so on 24 hours' notice, he shall be
obligated to pay the City the cost incurred by it for such removal.
Section 710.41. Meter Setting Devices. Meter setting devices for 3/4 inch and one inch meters
shall be of copper pipe or tubing from the terminus of the service pipe up to and including the
house side valve, provided that if copper cannot be obtained such meter setting device may be of
another non -corrodible metal approved by the City.
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Section 710.43. Excavation for Tapping Water Mains. Excavations made for the purpose of
making a tap from any City water main shall be at least 2 and 1/2 feet wide by 4 feet long inside
the curbing, said 4 feet to be measured from a point 6 inches beyond the side of the main
opposite to that which is to be tapped and from said point toward the building with which said
water connection is to be made. Such excavations shall extend to the depth of at least 12 inches
lower than the bottom of the water main. Ample clear space shall be allowed around the main in
all cases to insert the tapping machine. All excavations for tapping shall be safely curbed to the
satisfaction of the City tapper. In case the excavation is not properly made, sufficient clear space
is not provided, or the excavation improperly curbed, the tap shall not be made until the
excavation, clear space and curbing are proper and safe. A safe ladder shall be furnished by the
person doing the work for the use of the inspector for the purpose of inspecting the connection to
the City main.
Section 710.45. Water Meter Installation. All water meters hereafter installed shall be in
accordance with the following rules:
Subd. 1. The bottom of the meter shall not be less than four (4) inches, or more than
twelve (12) inches from the top of the finished basement floor line; and the meter shall
not be set more than twelve (12) inches measured horizontally, from the inside line of the
basement wall.
Subd. 2. The service pipe from the City water main to the meter, where the same enters
the building, shall be brought through the basement floor in a vertical position, so that a
connection may be made thereto with an ell to which may be attached the stop and waste,
and meter, or the pipe may be brought through the basement floor, in a vertical position
and bent above the floor at a right angle; and the stop and waste, and meter attached in
such a manner that the meter shall stand in a proper, vertical position. In no case shall
there be more than twelve (12) inches of pipe exposed between the point of the entrance
through the basement floor and the stop and waste, and said stop and waste shall be
connected directly to the meter.
Subd. 3. The water pipe connecting with the City water main shall not be run under any
basement floor for a distance of more than two (2) feet, measured from the inside line of
the basement wall, before being connected with the water meter.
Section 710.47. Private Water Supplies. No water pipe of the City Water Supply System shall
be connected with any pump, well or tank that is connected with any other source of water
supply and when such are found, the City shall notify the owner to disconnect the same, and if
not done immediately, the water supply shall be turned off forthwith.
Section 710.48. Cross -connection Control. Cross -connections between potable water systems
and any system or equipment that contain, or are used to handle, water or other substances that
may pose a risk to health or safety are prohibited, except where express written approval has
been made by the City of Medina. Written approval may only be given where suitable protective
devices, such as a break tank or a reduced pressure zone backflow preventer, are installed, tested,
and maintained to ensure proper operation. Cross -connections between an individual water
supply and a potable public supply shall not be made without express written permission from
the City of Medina in accordance with the Minnesota Plumbing Code, Minnesota Rules Chapter
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4715.
Section 710.49. Size of Connections. Connections with the mains for ordinary domestic supply
shall be a minimum 3/11 diameter of one an inch.
Section 710.51. Connections Beyond City Boundaries. In any and all cases where water
mains of the City have been or shall be extended to or constructed in any road, street, alley or
public highway adjacent to or outside the corporate limits of the City, the City Cleric Treasurer
Public Works Director is hereby authorized to issue permits to the owners or occupants of
properties adjacent to, or accessible to, such water mains to tap and make proper water service
pipe connections with such water mains of the City in conformity with and subject to all the
terms, conditions and provisions of the ordinances of the City relating to the tapping of the City
water mains and making water service pipe connections therewith, and to furnish and supply
water from the water works system Water Supply System of the City to such owners and
occupants of properties adjacent or accessible to such water mains of the City through and by
means of water meters duly installed. Water service rendered to such persons shall be subject to
all provisions of this Ordinance, and persons accepting such service shall thereby agree to be
bound and obligated by said Ordinance. This provision regarding connections beyond the City
boundaries shall not be effective until a contract regarding said connections is entered into by
and between the City of Medina and the City in which said connections are to be made, or a
contract is made by and between an owner of land beyond the City boundaries where a
connection is proposed to be made and the City in which said property is located is made a party
to said contract.
Section 710.53. Fire Hydrant Connections. It shall be unlawful for any person, except when
authorized by the City, or except members of the City Street Department Public Works
Department or Volunteer Fire Department, when performing their official duties, to open or
interfere with any of the hydrants of the City Water Supply System.
Section 710.55. Water Rates.
Subd. 1. The rate due and payable to the City by each water user within the City for
water taken from the City Water Supply System shall be set by Resolution of the City
Council the City fee schedule. Where service is for less than a quarterly period, this
charge will be based on actual consumption.
Subd. 2. In case the meter is found to have stopped or to be operating in a faulty manner,
the amount of water used will be estimated in accordance with the amount used
previously.
Subd. 3. When water is desired for construction purposes, the owner shall make
application for water service and the service shall be carried inside the foundation wall. If
the meter cannot be installed at that time, the charges for the water shall be set forth
under water rates, and when the building is completed, the meter shall be set in the
regular way.
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Section 710.57. Service Charges. Charges in an amount set by Resolution by the City Council
the City fee schedule shall be made and collected at the time of making application for the
following connections to the Water System.
Subd. 1. For turning on water where service has been turned off for non-payment of
water bill or failure to repair a leak;
Subd. 2. For raising or lowering, stop -box tops to correspond with ground level change
made by property owner;
Subd. 3. For turning water on or off at the request of the property owner or tenant, or for
any other reason.
Section 710.59. Utility Fund. There shall be maintained within the City accounting system
separate funds, Sanitary Sewer and Water System. All monies collected by the City Cleric
Treasurer Administrator -Clerk for sewer and water service under this Ordinance shall be
deposited in each respective fund. Such fund shall be used to meet all the expenses for the
operation, maintenance, repair, plant expansion, and administration of each respective Sanitary
Sewer and Water Project.
Section 710.61. Billing Procedures. All bills and notices for sewer and water service shall be
sent to the property address of the real estate being served. If non resident owners or agents
Clerk Treasurer. Any error in address shall be promptly reported to the City Clerk Treasurer and
responsibility for notice of change of ownership or address shall rest with the owner of the real
estate so served. Non-resident owners or agents shall receive a copy.
Section 710.63. Collections and Delinquent Bills. All bills for Sewer and Water shall be
calculated through and including the last day of each calendar quarter, i.e., on March 31, June 30,
September 30, and December 31 st of each calendar year, except the Medina Morningside area
which bills shall be calculated on the last day of January, May, July, October, and shall be due on
the 15th day of the month which follows such quarterly calculation. Said bills Bills are hereby
declared delinquent if not paid in full on or before the last day of the month which follows said
quarterly calculation following in which service was provided. A service charge in an amount set
by Resolution of the City Council the City fee schedule shall be incurred immediately upon such
delinquency and shall be added to the next quarterly monthly billing. An additional service
charge shall be added on each quarterly monthly calculation date upon which said delinquent
bill, including any previous service charge, remains unpaid. All bills, including service charges,
which remain delinquent and unpaid on September 1 of each calendar year, shall be certified by
the City Clerk Treasurer Administrator -Clerk to the County Auditor on or before October -1-9th
151 of said year for collection. Amounts so certified, together with interest at the rate set by
resolution of the City Council, commencing on the date of initial delinquency, shall be extended
by the County Auditor on the tax rolls and become a lien upon the property in the manner of
special assessments, but shall be payable in a single installment, and shall be collected with real
property taxes and returned to the City of Medina.
Section 710.65. Discontinuance of Service for Ordinance Violations. The City is authorized
to shut off water service at any stop box connection at any time it finds any of the following,
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provided that water shall not be turned off from any service pipe between the hours of 9 eleleelE
a.m. on Saturday and 9 o'clock a.m. on the following Monday:
Subd. 1. The owner or occupant of the premises served, or any person working on any
pipes or equipment thereon which are connected with the City water supply system has
intentionally violated any of the requirements of the Ordinances of the City relative to the
water supply system or connections therewith.
Subd. 2. The owner or occupant of the premises served threatens to violate, or cause to
be violated, any of the provisions of this Code.
Subd. 3. Any charge for water, service, meter, meter parts or any other financial
obligations imposed on the present or former owner or occupant of the premises served,
by the provisions of this Code, is unpaid.
Subd. 4. Fraud or misrepresentation by the owner or occupant in connection with an
application for service.
Section 710.67. Deficiency of Water and Shutting Off Water. The City shall not be liable for
any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the
water off for the purpose of making repairs or connections, or from any other cause whatever
whatsoever. In case of fire, or alarm of fire, the City may shut off water to insure a supply for
firefighting; or in making repairs or constructing new works, the City may shut off the water at
any time and keep it shut off so long as it shall deem necessary.
Section 710.68. Water Use Restriction. In the event of a water supply shortage, use of City
water for lawn and garden sprinkling, irrigation, car washing or other non -potable uses shall be
limited to an odd -even date schedule corresponding to property address, effective upon the
public works superintendent Public Works Director or city administrator's City Administrator's
designee determination that the shortage of water supply threatens the City Water Supply
System. The public works superintendent Public Works Director or city administrator's City
Administrator's designee may further limit the days and hours of the City Water Supply System
usage at any time as deemed necessary. Special permit allowance will be considered for those
property owners with new seed, sod, or other needs if the public works superintendent Public
Works Director determines sufficient water for such permits is available.
Section 710.69. Declared Water Shortage. If the City Council determines that an emergency
is present, the council Council may declare a water shortage and determine that the users of the
public water mains shall be prohibited from using the water from the City Water Supply System
for certain functions on their property. All persons within the City of Medina shall comply with
regulations imposed as a result of a water shortage. Violation of this section shall be a
misdemeanor.
Section 710.71. Access to Buildings. Authorized employee employees of the City shall have
free access at reasonable hours of the day to all parts of every building and premises connected
with the City water supply system Water Supply System for reading of meters and inspections.
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Section 710.73. Adjustments in Water Charges. The City Council shall be authorized to
make adjustments in water charges where in its opinion the amount billed was erroneous due to
meter deficiency or other mistake.
Section 710.75. Lawn and Landscape Irrigation Systems.
Subd. 1. Purpose. The purpose of this ordinance is to promote efficient use of water for
lawn and landscape irrigation without placing an undue burden on the ems City' public
water supply.
Subd.2. Reserved.
Subd. 3. Connection of Lawn and Landscape Irrigation Systems to the City Water
Supply System.
(a) Customers installing an automatic or underground irrigation system are required to
install a rain sensor device. Existing irrigation systems are required to retrofit to
install a rain sensor device at such time as improvement or extension of the system
occurs.
(b) If located within the City Water Supply System service area, the following are
prohibited from connecting a Lawn and Landscape Irrigation System to the City
Water Supply System:
i) A property located within a subdivision that consists of five or more lots
and is zoned residential;
ii) A multiple dwelling unit structure of any size, except for properties in
locations that are served by the city's storm sewer system; and
iii) A property that is over two acres in size and is zoned commercial,
industrial business park, mixed -use, or public/semi-public.
(c) This ordinance shall be applicable only to the above -described properties that install
Lawn and Landscape Irrigation Systems after the enactment of this ordinance. No
property shall be allowed to expand its Lawn and Landscape Irrigation System from
the City Water Supply System if a Storm Water Pond is available or established to
accommodate lawn and landscape irrigation service. Any property presently served
by the City Water Supply System that is requesting to expand its Lawn and
Landscaping Irrigation System shall be required to convert and connect its Lawn and
Landscaping Irrigation System to a Storm Water Pond if such Storm Water Pond is
available or must be established to accommodate lawn and irrigation service.
Subd. 4. Connection to Storm Water Ponds. Lawn and landscape irrigation water
may be obtained for any property from a Storm Water Pond under the following
conditions:
(a) All pumps associated with the Lawn and Landscape Irrigation System shall be free
standing or located in a structure that is not connected to the City Water Supply
System; and
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(b) No water pumped for the Lawn and Landscape Irrigation System shall enter and no
pump or irrigation system shall in any way be connected to any structure that is
connected to the City Water Supply System.
Subd. 5. Connection of Irrigation Wells to Storm Water Ponds.
(a) An Irrigation Well may be installed on any property in order to provide additional
water to a Storm Water Pond under the following conditions:
i) Any Irrigation Well shall be constructed according to Minnesota Statutes Chapter
103I and Minnesota Rules Chapter 4725 ("Minnesota Well Code");
ii) A Water Use (Appropriation) Permit must be obtained from the Minnesota
Department of Natural Resources;
iii) Each Irrigation Well shall be equipped with either a water flow meter or a time
meter;
iv) The property owner shall provide the city City with a well log and yearly
pumping records on the last day of each calendar year for each Irrigation Well
located on the property;
v) The Irrigation Well shall be protected from accidental back flow of water with a
Backflow Preventor that shall be approved in advance by the city City; and
vi) Irrigation Well water shall not be used to provide flow to any water feature
where the water then flows to waste.
(b) Irrigation Well water shall be used only for irrigation of landscaping. It shall not be
used for any other use, including uses that provide flow to water fmtures where the
water then flows to waste.
Subd. 6. Construction of a Lawn and Landscape Irrigation System. The location of
lines and sprinkler heads for a Lawn and Landscape Irrigation System may be located
within the city City right-of-way or easement subject to the following conditions and
prior approval of the city City:
(a) The owner of the Lawn and Landscape Irrigation System is responsible for any
maintenance or repair of the Lawn and Landscape Irrigation System;
(b) The owner of the Lawn and Landscape Irrigation System signs a written agreement
with the cry City in which the owner agrees to assume all liability and
responsibility for damages to the Lawn and Landscape Irrigation System that is
caused by city City activities, including, but not limited to, snow removal;
(c) All Lawn and Landscape Irrigation System lines located with city City right-of-way
or easement shall have a location wire installed in accordance with the eityls City's
specifications;
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(d) All Lawn and Landscape Irrigation System lines that cross city streets Of shall be
encased in an oversized carrier pipe; and
(e) The owner of the Lawn and Landscape Irrigation System shall provide the eity City
with an as -built plan of the irrigation system.
Subd. 7. Operation of Lawn and Landscape Irrigation Systems. The operation of a
Lawn and Landscape Irrigation Systems shall be subject to the following restrictions:
(a) Turf and Landscape Irrigation Best Management Practices as set forth by the
Irrigation Association for landscape irrigation systems shall be followed by the
owner at all times;
(b) Prior to any seed, sod or landscaping being placed within the Lawn and Landscape
Irrigation System area, there shall be proper Seed Bed Preparation by the owner;
and
(c) Under weather conditions where the city City places an irrigation ban or other
restrictions on the use of any lawn or landscape irrigation that is connected to the
City Water Supply System, the city City may also prohibit or place limitations on
the pumping from any Irrigation Well that is being utilized by a Lawn or Landscape
Irrigation System.
Subd. 8. Penalties. Any person convicted of violating this ordinance shall be guilty of a
misdemeanor and shall be subject to a maximum fine or maximum period of
imprisonment, or both, as specified by Minnesota Statutes, Section 609.03.
SECTION IV: Medina Code Section 740 is amended by deleting the stricken material and
adding the double -underlined material as follows:
Section 740.01. Establishment of Department. There is hereby established a Public Utilities
Division of the Department of Public Works of the City of Medina which shall be under the
supervision of the Director of Public Works. The water and sewer systems as they are now
constituted or shall hereafter be enlarged or extended shall be operated and maintained under the
provisions of this ordinance subject to the authority of the City Council at any time to amend,
alter, change or repeal the same. The Public Utilities Division shall have responsibility for the
management, maintenance, care and operation of the sewer and water systems of the City.
Section 740.02. Definitions. Unless the context specifically indicates otherwise, the meaning of
terms used in this ordinance shall have the meanings hereinafter designated.
biochemical oxidation of organic matter under standard laboratory procedures in five (5)
days at 20o centigrade in terms of milligrams per liter (mg/1).
Subd. 1. Carbonaceous Biochemical Oxygen Demand (CBOD5) shall mean the
quantity of oxygen utilized in the biochemical oxidation of organic matter present in
wastewater as measured according to the latest edition of Standard Methods for the
Examination of Water and Wastewater prepared and published jointly by the American
26
Public Health Association, the American Water Works Association, and the Water
Environment Federation.
Subd. 2. Industrial Wastewater. The liquid wastes from industrial processes, as distinct
from residential or domestic strength wastes.
Subd. 3. Normal Domestic Strength Waste. Waste water with a BOD5 CBOD5
concentration not greater than 250 200 milligrams per liter (mg/1) and a total suspended
solids concentration not greater than 225 250 mg/1.
Subd. 4. Sanitary Sewer. A sewer intended to carry only liquid and water carried
wastes which carries sewage and to which storm, surface, and ground waters are not
intentionally admitted.
Subd. 5. Storm Sewer. A sewer intended to carry storm water, surface runoff, sub
surface water, ground water, drainage and unpolluted water from any source which
carries storm and surface waters and drainage, but excludes sewage and polluted
industrial wastes.
Subd. 6. Total Suspended Solids. A total suspended matter that either floats or is in
suspension in water, wastewater or other liquids, and is removable by laboratory filtering
as prescribed in "Standard Methods for the Examination of Water and Wastewater," latest
edition. measured according to the latest edition of Standard Methods for the
Examination of Water and Wastewater prepared and published jointly by the American
Public Health Association, the American Water Works Association, and the Water
Environment Federation.
Section 740.03. Applications, Permits and Fees. No person, firm or corporation shall make
any type of connection to the water system, sanitary sewer system or storm sewer system except
upon making an application therefor on a form provided by the City and receiving a permit
issued by the City for such purposes. The application shall include the legal description of the
property to be served, the uses for which the connection is requested, and the size of the service
line to be used. At the time of making such application there shall be paid to the City
Administrator -Clerk fees which shall be set by the City Council from time to time by resolution
for the following purposes:
Subd. 1. No connection shall be made with respect to any sanitary sewer, water system
or storm sewer system serving the property of any person or occupants of the land, parcel
or premises affected that have not paid or provided for the payment of the full and
proportionate share of the said utilities which share shall be payable as follows:
(a) The City Council may establish water, sanitary sewer and storm sewer districts and
establish area charges, connection charges, lateral charges and similar charges for
each said district. No connection shall be made to the City water or sewer system
until the applicant or owner pays the charge or charges noted above established by
Council resolution from time to time. These charges shall be in addition to any fees
or charges required under subsections 2, 3 and 4.
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(b) For service to property to which service lines have not been previously run from the
street laterals to the property line, the owner, occupant or user shall pay into the
City Treasury a service line charge, the amount of which shall not be less than the
City's cost of making the necessary connections, taps, and installation of pipe and
appurtenances to provide service to the property and the necessary street repairs,
provided, however, with the approval of the City, the owner or applicant shall have
the right to contract directly with a licensed plumber for the installation and
connection of the service line.
(c) Prior to any connections the owner, occupant or user shall pay in cash or agree to
pay charges in the form of Special Assessments to be levied against the property to
be spread over a number of years to be established by the City Council and may be
coincident with the maturity requirements of any Special Improvement Bonds sold
for the purpose of financing the construction of sanitary sewer, municipal water or
storm sewer system serving the property. Said cash payment or assessment charge
shall be in the principal amount of let not less than the payments made by or
charges placed against comparable properties for like services for such sanitary
sewer, water or storm sewer system in an amount as may be established by the City
Council. Payment to the City Treasury in the form of a Special Assessment charge
shall be in the form of equal annual installments together with interest on the unpaid
balance, which shall be established by Council resolution.
(d) No connection shall be made to the sanitary sewer system until the applicant or
owner pays a Service Availability Charge (SAC) established by the Metropolitan
Waste Control Commission for the availability of treatment works and interceptors
comprising the metropolitan disposal system.
Subd. 2. Before proceeding with the construction, enlargement, alteration, repair of any
water or sewer lines connecting the water system, sanitary sewer system or storm sewer
system to any house or building, the owner or his agent shall first obtain a permit for such
purposes from the municipality through its City Administrator -Clerk. The applicant shall
pay to the City Administrator -Clerk a permit fee the amount of which shall be established
from time to time by Council resolution. The Plumbing Inspector shall examine all
applications before construction is begun, and after the construction, enlargement,
alteration or repair is complete, the Plumbing Inspector shall be notified. It shall be
unlawful to cover any connecting line until an inspection has been made and such
connection and the work incident thereto has been approved by the City as a proper and
suitable connection.
Section 740.04. Connection to Systems. The owner of all buildings or properties used for
human occupancy, employment, recreation, or other purpose, situated within the City and
abutting on any street, alley or right-of-way in which there is now located a public sanitary sewer
of the City, is hereby required at the owner's expense to connect such facility directly with the
proper public sewer within 90 days after date of official notice to do so. New connections to the
sanitary sewer system shall be prohibited unless sufficient capacity is available in all
downstream facilities including but not limited to flow, strength and suspended solids. All users
making connection to the sanitary sewer system are also subject to any additional requirements
and regulations established by the Metropolitan Waste Control Commission and/or the
28
Minnesota Pollution Control Agency. Where municipal sanitary sewer is not available, the
building shall be connected to an individual wastewater disposal system complying with the
provisions of the Ordinances of the City of Medina.
Section 740.05. Protection from Damage. No unauthorized person shall maliciously,
willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is a part of the municipal water or sewage works. Any person
violating this provision shall be subject to the penalty provided by this code.
Section 740.06. Delayed Connection Charge. Any owner of a residence or commercial
building to which sewer service is or becomes available shall be subject to an additional charge
as established by Council resolution from time to time upon connection to such service if such
connection is not made within the period of time which shall be established by Council
resolution after such service becomes available.
Section 740.07. Implied Consent to Rules, Regulations and Rates. Every person applying for
water or sewer service, every owner of property for which any such application is made, every
person accepting water or sewer service and every owner of property where such service is
accepted subsequent to the passage of this ordinance shall be deemed upon making such
application or accepting such service to consent to all rules, regulations and rates as established
by this ordinance and as may hereafter be set forth and adopted by the City Council by resolution
or ordinance.
Section 740.08. Installation of Connections. All connections to the water system or sanitary
sewer system shall be performed by a plumber licensed to do plumbing in the City of Medina;
except that nothing in this ordinance shall be construed as to prohibit an individual owner from
obtaining a permit to connect to an existing service line located totally within the owner's
property and installing such connection by his own labor provided, however, that said
construction is conducted under the regulations of this ordinance and all other City ordinances
and applicable Statutes of the State of Minnesota and requirements of the City Engineer and City
Plumbing Inspector.
Section 740.09. Liability for Repairs. After the initial connection has been made to the curb
stop or the sewer lead the applicant, owner or the occupant or user of such premises shall be
connection of the premises to the street main, including any repairs necessary to the curb stop
box and any necessary street repairs; it shall be the responsibility of the applicant, owner,
occupant or user to maintain the stop box at such height as will insure that it remains at the
finished grade of the land or property.
Subd 1. Water and Sewer Utilities Located inside the Public Right -of -Way or Public
Easement Area. After the initial connection has been made to the water service lead or
the sewer lead, the owner, occupant, or user of the premises served shall be liable for all
repairs required to any water service line or any sanitary or storm sewer line necessary
for connection of the premises to the curb stop or sewer lead, to include the actual
connection on the occupant side of the connection. It shall be the responsibility of the
owner, occupant, or user to obtain the necessary authorizations required, if any, to
complete the utility repairs. It shall be the responsibility of the owner, occupant, or user
29
to maintain the curb stop box or sewer clean out at a height as will ensure that it remains
at the finished grade of the property.
Subd. 2. Water and Sewer Utilities Located Outside of the Public Right -of -Way or
Public Easement Area. After the initial connection has been made to the water service
lead or the sewer lead, the owner, occupant, or user of the premises served shall be liable
for all repairs required to any water service line or any sanitary or storm sewer line
necessary for connection of the premises to the street main, including any repairs
necessary to the curb stop and box or sewer clean out and any necessary street repairs. It
shall be the responsibility of the owner, occupant, or user of the premises to obtain any
necessary authorizations required to complete the utility repairs. It shall be the
responsibility of the owner, occupant, or user to maintain the curb stop box or sewer
clean out, if any, at a height as will ensure that it remains at the finished grade of the
property.
Section 740.10. Leak in Service Line. Any owner, occupant or user of a premises who shall
discover a leak in a service line to the premises shall notify the City Office within twenty-four
(24) hours. Any water wasted due to failure of such person to comply with this regulation shall
be estimated by the City Clerk and be charged for against the owner at such premises at the
established rate.
Section 740.11. City Not Liable. The City shall not be held liable at any time for any
deficiency or failure in the supply of water to the customer whether the same be occasioned by
shutting off the water for repairs or connections or for any cause whatever.
Section 740.12. Emergency Regulations. The City Council may impose emergency regulations
pertaining to the conservation of water by resolution of the City Council and by giving notice by
publication or by posting in the City Hall and at such public places as the Council may direct.
Whenever the City Council determines that a shortage of water supply threatens the City, it may,
by resolution, limit the times and hours during which City water may be used for sprinkling,
irrigation, car washing, and other external purposes. After publication of a Notice setting forth
the restrictions for use of water for said purposes, no person shall use or permit water to be used
in violation of the resolution and any customer who does so, shall be charged such sum as
established by resolution for each day of violation and the charge shall be added to the
customer's next water bill. Continued violation shall be cause for discontinuance of water
service.
Section 740.13. Right to Enter Land. The City of Medina by any authorized employee or
agent shall have the right to enter and be admitted to any lands and property in the City at any
reasonable hour for the purpose of inspection of materials, plumbing work and fixtures of all
kinds used by or in connection with the water and sewer systems.
Section 740.14. Private Water not Permitted in City System. Whenever any premises are
connected to the City water system, there shall be maintained a complete physical separation
between the City water supply system and the private water supply system so that it is impossible
to intentionally or unintentionally allow any water produced by a private system to be introduced
in the supply line from the City system Water System.
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Section 740.15. Storm Water not Permitted in Sanitary Sewer System. It shall be unlawful
for any owner, occupant or user of any premises to direct into or allow any storm water, surface
water, ground water, well water or water from air conditioning systems to drain into the sanitary
sewer system of the City of Medina. No rain spout, or other form of surface drainage and no
foundation drainage or sump pump shall be connected or discharged into any sanitary sewer.
Section 740.16. Prohibited Wastes in Sanitary Sewer System. No person, firm or corporation
shall discharge any waste, or cause or allow any waste to be discharged into the sanitary sewer
system unless in accordance with the following regulations:
Subd. 1. Treatment of Prohibited Waste. Where it is determined that any waste
discharged or to be discharged has certain characteristics or elements which are or may
be harmful to the structures, processes or operation of the sanitary sewer system or
persons operating it, the City may:
(a) Reject the waste.
(b) Require pretreatment to an acceptable condition for discharge to the public sewers,
pursuant to Section 307(b) of the Clean Water Act and all addendums thereof.
(c) Require control over the quantities and rates of discharge, and/or,
(d) Require payment to cover added costs of handling, treatment and disposal based on
the formula as adopted by the Metropolitan Waste Control Commission.
Subd. 2. Limitations on Discharge. No person, firm or corporation shall discharge or
cause, or allow to be discharged into the sanitary sewer system any waste containing
concentrations in excess of the following:
Pollutant Limitation
(Maximum for any operating day)
(a) Cadmium 2.0 mg/1
(b) Chromium, total 8.0 mg/1
(c) Copper 6.0 mg/1
(d) Cyanide, total 4.0 mg/1
(e) Lead 1.0 mg/1
(f) Mercury 0.1 mg/1
(g) Nickel 6.0 mg/1
(h) Zinc 8.0 mg/1
(i) Temperature 65 C° (150° F)
0) pH 5.0 - 10.0
Subd. 3. Exclusion of Wastes. No person, firm or corporation shall discharge or cause
or allow to be discharged into the sanitary sewer system any waste which contains any of
the following:
(a) More than one hundred (100) mg/1 of fats, wax, grease or oils (hexane soluble),
whether emulsified or not, or containing substances which may solidify or become
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viscous at temperatures between 32o and 150o F (Oo and 65o C) at the point of
discharge into the sewer system.
(b) Liquids, solids, or gases which by reason of their nature or quantity are or may be
sufficient to cause fire or explosion or be injurious in any other way to the sanitary
sewer system or to the operation of the system. At no time shall two (2) successive
readings on an explosimeter, at the point of discharge into the sewer system, be
more than five percent (5%) nor any single reading over ten percent (10%) of the
Lower Explosive Limit (L.E.L.).
(c) Any noxious or malodorous solids, liquids or gases, which either singly or by
interaction with other wastes, are capable of creating a public nuisance or hazard to
like, or are or may be sufficient to prevent entry into a sewer for its maintenance
and repair.
(d) Any toxic substance, chemical elements or compounds in quantities sufficient to
interfere with the biological processes of efficiency of treatment works, or that will
pass through a treatment works and cause the effluent therefrom or the water into
which it is discharged, to fail to meet applicable State or Federal Standards.
(e) Garbage that has not been ground or comminuted to such a degree that all particles
will be carried freely in suspension under flow conditions normally prevailing in
public sewers, with no particle greater than one-half inch (1/2") in any dimension.
(0 Radioactive wastes or isotopes or such half-life of concentrations that they are in
noncompliance with present or future regulations issued by the appropriate
authority having control over their use and which will or may cause damage or
hazards to the system or personnel operating it.
(g)
Solids or viscous wastes which will or may cause obstruction to the flow in a sewer,
or other interference with the proper operation of and disposal system, such as
grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair,
hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent
grains, spent hops, waste paper, wood, plastic, gas, tar, asphalt, residues from
refining or processing of fuel or lubricating oil, gasoline, naphtha, and similar
substances.
(h) Any waste from septic tanks or similar facilities.
(i)
Any mineral acids, waste acid pickling or plating liquors from the pickling or
plating of iron, steel, brass, copper or chromium, or any other dissolved or solid
substances which will or may endanger health or safety, or attack or corrode any
part of the sanitary sewer system.
(j) Liquids or vapors having a temperature higher than 150° F immediately prior to
discharge into the sewer system.
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(k) Phenols or other taste or odor -producing substances in concentrations which will or
may cause the effluent from the treatment works or the water into which it is
discharged to fail to meet applicable State or Federal standards.
(1) Materials which exert or cause:
(1) Unusually high concentrations of inert suspended solids or of dissolved solids.
(2) Excessive discoloration.
(m)
(3) Unusually high volume of flow or concentration of waste exceeding five (5)
times the average daily concentration of flow during normal operation.
Unusually high concentrations of suspended solids, BOD, Total Suspended Solids,
CBOD5, COD, or chlorine requirements, in such quantities as to constitute a
significant load on the treatment works.
(n) Any substance which is not amenable to treatment or reduction by the type of
sewage treatment processes employed to a degree sufficient to permit the effluent
from the treatment works and the water into which it is discharged to meet
applicable State and Federal standards.
Subd. 4. Grease, Oil & Sand Traps. Grease, oil and sand interceptors shall be
provided, when determined necessary by the City, to properly handle liquid wastes
containing excessive amounts of floatable grease, flammable waste, sand or other
harmful ingredients. All interceptors shall be readily and easily accessible for cleaning
and inspection. The owner shall be responsible for constructing and maintaining these
interceptors and for the proper removal and disposal of captured materials.
Subd. 5. Monitoring and Inspection. Where required by the City, the owner of any
property served by a building sewer carrying industrial waste shall install a suitable
structure on the building service line with necessary appurtenances to facilitate
observation, sampling and measurement of wastes. The structure shall be installed by the
owner at his expense in accordance with plans approved by the City and shall be
maintained by the owner to be safe and accessible at all times. The owner of any property
serviced by a building sewer carrying industrial waste may, at the discretion of the City,
be required to provide laboratory measurements, tests or analysis of waters or wastes to
illustrate compliance with this Ordinance and any special condition for discharge
established by the City, Metropolitan Waste Control Commission or regulatory agencies
having jurisdiction over the discharge. All measurements, tests or analyses of waters and
wastes shall be determined in accordance with the latest edition of "Standard Methods for
the Examination of Water and Wastewater" published by the American Public Health
Association.
Subd. 6. Right to Inspect. The City through its duly authorized representative or
employ, bearing proper credentials and identification shall be permitted to enter all
properties for the purpose of inspection, observation, measurement, sampling and testing
pertinent to the discharges to the City's sewer system. The City shall be provided
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information concerning industrial processes which have a direct bearing on the type and
source of discharge to the wastewater collection system.
Section 740.17. Water Meter Regulations.
Subd. 1. Before any water conveyed through the municipal water system shall be used
or utilized on the land or premises of any person, firm or corporation, there shall first be
installed a water meter that will accurately measure the water consumed on the premises,
except and unless such installation shall be exempted by the City.
Subd. 2. All applications for the installation, maintenance and repair of water meters
shall be made to the City Clerk, who shall proceed to comply with such application
within a reasonable time thereafter. All meters installed shall be furnished by the City and
shall remain the property of the City of Medina. Regulations for the cost of furnishing
and use of water meters shall be established by Council resolution.
Subd. 3. No person, firm or corporation other than the City of Medina or its designee,
shall install, maintain or repair any water meter within the City limits. Every water meter
connected to the water system shall be sealed by or under the direction of the City Clerk
or City Department of Public Works and no person, firm or corporation shall break or
remove such seal; provided, however, that a plumber licensed to do business in the City
of Medina may break such seal or remove such meter for necessary repairs, in all cases
where a seal is broken or a meter is removed by a licensed plumber, such plumber shall
notify the City Clerk of the fact within twenty-four (24) hours after the seal is broken or
the meter is removed. Whenever any seal attached to a water meter by or under the
direction of the City Clerk or City Department of Public Works is found broken, the
broken condition of such seal shall be a prima facie evidence that such seal was broken
contrary to the terms and provisions in violation of this ordinance
Subd. 4. All water meters and/or remote readers connected to the water system shall be
accessible to the City Clerk or City Department of Public Works or designee at any
reasonable hour of any business day and the refusal of admission by any owner or
occupant of any premises wherein a water meter is installed after such owner or occupant
has been notified that admission is desired for the purpose of inspecting a water meter
installed in said premises shall constitute a violation of this ordinance.
Subd. 5. Water meters shall be repaired or replaced from time to time as is necessary to
insure accurate measuring of the flow of water. The cost of said repair or replacement
shall be borne by the City except that whenever a meter has been damaged due to
negligence on the part of persons other than the employees of the City, the owner,
occupant or user of the premises or such other person desiring the use of the water shall
reimburse the City for the expense of repairing or replacing any such meter. Upon failure
to reimburse the City within a reasonable time and upon demand therefore, the water
service and supply to said premises may be shut off or discontinued as determined to be
in the best interest of the City.
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Subd. 6. It shall be unlawful for any person to tamper with, alter, by-pass or in any
manner whatsoever interfere with the proper use and functioning of any water meter
within the City.
Subd. 7. If a meter fails to register or accurately measure the water, the charge for water
consumed shall be paid for at the established rate based upon past average billings as
determined by the City Clerk.
Subd. 8. Whenever a water user questions the accuracy of the meter, and desires that his
meter be tested, he shall
time by Council resolution, if the meter tests accurate within a range of minus 3 percent
to plus 1 1/2 percent. Whenever any meter shall become obstructed or out of order, the
City shall issue a work order for it to be repaired. If at any time the customer requests to
have the meter tested for accuracy, the same shall be done by the City, with the fee
determined by the City fee schedule and charged to the customer if the meter tests less
than 90% accurate. If it is not accurate within this range, no charge will be made for
testing and an adjustment on the water bill will be made for the period of time that the
meter is assumed to be inaccurate, not to exceed two (2) billing periods.
Section 740.18. Purchased Water Not Entering Sewer System. If the lot, parcel of land, or
premises discharges sewage or industrial waste into the sanitary sewage system, either directly or
indirectly, and it can be shown to the satisfaction of the City Council that a portion of the water
measured by the water meter does not and cannot enter the sanitary sewage system, then, and in
that event, the City Council may permit or require the installation of other or additional meters in
such a manner that the quantity of water which actually could enter the sewer system may be
determined. In such case the charges or rates shall be based upon the amount of water which can
enter the sanitary sewage system.
Section 740.19. Meter Readings.
Subd. 1. The City Council may provide a system of water meter reading by post card,
The
City of Medina will provide a system for water meter reading. The Council City may
also establish billing areas or districts and provide for the reading of meters and billing
charges by calendar quarters or monthly or such periodic intervals as the City Council
shall determine suitable and necessary from time to time by resolution; provided,
however, where meter reading is done by post card the City Council may establish a
penalty for failure to return water meter reading card within the time designated on said
card by Council resolution.
Subd. 2. The City reserves the right to discontinue service to any customer of the water
and sanitary sewer system without notice when necessary for repairs, additional
connection or reconnection. The City reserves the right to discontinue service to any
customer of the water and sanitary sewer system with notice as hereinafter provided for
non-payment of charges or bills or for disregard of any rules or regulations in connection
with the use or operation of said system. The service of water or sanitary sewer shall not
be shut off until notice and an opportunity for a hearing have first been given to the
occupant and owner of the premises involved. The notice shall be personally served and
shall state that, if payment is not made before the date stated in the notice, but not less
35
than ten days after the date upon which the notice is given, the water supply to the
premises will be shut off. The notice shall also state that the occupant may, before such
date, demand a hearing before the City Council, in which case the supply will not be shut
off until after the hearing is held. If, as a result of the hearing, the City Council finds that
the amount claimed owing is actually due and unpaid and that there is no legal reason
why the water supply of the delinquent customer may not be shut off in accordance with
this ordinance, the City may then shut off the supply. Whenever any service has been
discontinued for non-payment of charges or bills or for disregard of any rules or
regulations in accordance with the procedures set forth above, it shall not be resumed
except upon payment of the charges or bills accrued together with interest thereon, at a
rate to be determined by Council resolution from time to time or compliance with the
rules and regulations previously violated and payment to the City of restoration fee, the
amount of which shall be set by the City Council from time to time by resolution.
Section 740.20. Billing Regulations. The City Council shall have the authority to prescribe by
resolution the rates to be charged for water and sewer service to the customer from time to time
and may prescribe the date of billing, a discount for payment within a prescribed period and/or
penalty for failure to pay within such period and such further rules and regulations relative to the
use and operation of such systems as it may deem necessary from time to time. All accounts shall
be carried in the name of the owner who shall personally, or by his authorized agent, apply for
such service. The owner shall be liable for water supplies and sewer service to his property
whether he is occupying the property or not and any unpaid charges shall be a lien upon the
property.
Section 740.21. Rate Determinations. The purpose of this section is to establish a procedure to
recover from users of the City facilities, on an equitable basis, the share of City costs attributable
to such users and to provide funds for the operation and maintenance, debt service and
replacement. The service charges shall be based on the volume of water used and wastewater
discharged and subject to the provisions of the Metropolitan Waste Control Commission strength
charge system for wastewater discharges. The basic formula for rate determinations shall be as
follows: 1. SC = DC + UC 2. DC = (DCR)(V) 3. UC = (UCR)(V) Where: SC =Service Charge,
which means the aggregate of all charges including the user charge, debt service charges and
other related charges billed periodically to users. DC =Debt Service Charge, which means the
principle and interest necessary to pay bonded indebtedness. UC =User Charge, which means a
charge levied on users for cost of operation, maintenance and replacement. DCR=Debt Charge
Rate in terms of $ per 1000 gallons. UCR=User Charge Rate in terms of $ per 1000 gallons.
V=Volume of metered water per connection.
Section 740.22. Accounting Procedures. All invoices and records of funds received and
expenses for operation, maintenance and replacement for the water and sewer systems shall be
maintained in separate accounts. These accounts shall be separate from any revenues generated
for debt service for each of the systems. Annually, the water and sewer service charge rates shall
be reviewed and adjusted by the City Council to reflect the actual costs of operation,
maintenance, replacement and debt service. In addition, the user charge rates for operation,
maintenance and replacement will be revised to accomplish the following:
Subd. 1. Maintain the proportionate distribution of operation and maintenance costs
among users and user classes.
36
Subd. 2. Generate sufficient review to pay the total operation and maintenance costs
necessary to properly operate and maintain the system.
Subd. 3. Apply excess revenues collected from a class of user to that class of user for the
next year and adjust the rates accordingly. Water and sewer services charges provided for
in this Ordinance shall be included as separate items on regular bills. The City shall
annually make known to all users the portions of the service charges necessary to meet
the operation, maintenance and replacement cost and which portion is necessary to meet
debt service for each system.
Section 740.23. Establishment of Tax Lien. In the event a water or sewer bill, whether
incurred prior or subsequent to the passage of this ordinance, is unpaid after the due date as
established by Council resolution from time to time, the bill shall be considered delinquent and
the service may be discontinued as provided above and the City Council may cause the charges
noted in such billing to become a lien against the property served by certifying to the County
Auditor the amount of said delinquent bill in accordance with the statutes of the State of
Minnesota. Such action is optional and may be subsequent to taking legal action to collect
delinquent accounts.
Section 740.24. Separability of Sections. In the event any provision of this ordinance shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
SECTION V: The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this day of , 2015.
By:
Bob Mitchell, Mayor
ATTEST:
By:
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River News this day of , 2015.
37
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2015-
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Medina has adopted Ordinance No. an
ordinance amending sections of Chapter 7 of the code of ordinances regarding public and private
utilities; and
WHEREAS, Minnesota Statutes § 412.191, subdivision 4 allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is 37 pages in length; and
WHEREAS, the city council believes that the following summary would clearly inform the
public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that
the city administrator -clerk shall cause the following summary of Ordinance No. to be
published in the official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the city of Medina has adopted Ordinance No. an ordinance
amending sections of Chapter 7 of the code of ordinances regarding public and private utilities.
The ordinance provides a comprehensive revision of the public and private utilities to bring them
up to date with current standards.
The full text of Ordinance No. is available from the city administrator -clerk at Medina city hall
during regular business hours.
BE IT FURTHER RESOLVED by the city council of the city of Medina that the city
administrator -clerk keep a copy of the ordinance in his office at city hall for public inspection and
that he post a full copy of the ordinance in a public place within the city.
Dated: June 16, 2015.
Bob Mitchell, Mayor
Resolution No. 2015-
June 16, 2015
ATTEST:
Scott T. Johnson, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015- 2
June 16, 2015
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: June 11, 2015
SUBJ: Planning Department Updates June 16, 2015 City Council Meeting
Land Use Application Review
A) Aldi Site Plan and Variance — 3522 Sioux Drive — Aldi has requested approval to construct an
18,000 square foot grocery store at the southeast corner of Highway 55 and Sioux Drive. The
applicant has also requested a variance to exceed the maximum 25% hardcover limitation in the
shoreland overlay district of Elm Creek. The Planning Commission reviewed at their April 14 and
May 12 meetings and recommended denial because the applicant did not meet the criteria for
granting variances. The applicant made changes to their plans and presented to the Council on June
2. The Council directed staff to prepare a resolution of approval, which will be presented to the
Council on June 16.
B) Wright -Hennepin Solar Panels — WH has requested a conditional use permit for the installation of a
solar garden approximately an acre in area at their substation on Willow Drive, south of Highway
55. The Planning Commission held a Public Hearing at their May 12 meeting. Following the
hearing the Commission recommended approval of the request. The Council reviewed at the June 2
meeting and directed staff to prepare a resolution of approval, which will be presented to the Council
on June 16.
C) Wealshire LLC Comp Plan Amendment, Rezoning, Site Plan Review — Wealshire, LLC has
requested a site plan review for construction of a 173,000 square feet memory care facility. The
request also includes a rezoning from RR-UR to Business Park and an Interim Use Permit to permit
continued agricultural use of the portion of the property not proposed to be developed. The Met
Council has also approved of the previous Comp Plan amendment. The Planning Commission
meeting reviewed the rezoning, site plan review and interim use permit at the February 10 meeting
and unanimously recommended approval. The City Council reviewed at the May 19 meeting and
directed staff to prepare approval documents. These will be presented at the July 7 meeting.
D) Goddard School Site Plan Review — PJ Norman LLC has requested Site Plan Review approval to
construct a new building to house a Goddard School at 345 Clydesdale Trail (next to Caribou
Coffee). The Planning Commission held a public hearing at the June 9 meeting and recommended
approval. Staff intends to present to the City Council on July 7.
E) Stonegate Conservation Design Subdivision — west of Deerhill, East of Homestead. The applicant
has requested PUD General Plan and Preliminary Plat approval for a conservation design
subdivision of 421ots on 170 gross acres. Staff is conducting a preliminary review, and the matter is
tentatively scheduled for a public hearing at the July 14 Planning Commission meeting.
F) Buehler Plat — Robert Buehler has requested approval of a plat to separate 2782 Willow Drive from
adjacent property. The parcels were a single lot and a previous owner sold portions of the lot to two
separate buyers. The applicant seeks to subdivide the property to create a buildable lot, and the other
portion of the property would be platted as an outlot. Staff is conducting a preliminary review, and
the application will be scheduled for a Hearing when deemed complete, potentially at the July 14
Planning Commission meeting.
G) Wakefield Valley Farm — 3385 County Road 24 — The applicant has requested final plat approval.
City Council granted preliminary plat approval during the fall of last year. The City Council granted
final plat approval at the March 3 meeting. Staff will work with applicant on conditions of approval.
Planning Department Update
Page 1 of 2 June 16, 2015
City Council Meeting
H) St. Peter and Paul Cemetery and Hamel Place —The City Council has adopted resolutions
approving these projects, and staff is assisting the applicants with the conditions of approval in order
to complete the projects.
I) Woods of Medina, Capital Knoll— these preliminary plats have been approved and staff is awaiting a
final plat application
J) Enclave at Brockton S`h, Hamel Haven, Morrison lot split, Three Rivers/Reimer Rearrangement
subdivision — These subdivisions have all received final approval. Staff is working with the
applicants on the conditions of approval before construction begins
K) Medina Country Club Site Plan — The Medina Country Club has requested a site plan review for
construction of a new maintenance facility to replace the existing barn which will be demolished as
part of the Villas project. The applicant also proposes to construct small restroom facilities on the
course. The Planning Commission held a public hearing at their April 14 meeting and recommended
approval. The Council adopted a resolution of approval on June 2. This matter will now be closed.
Other Proiects
A) Cable Buildout Analysis — staff has been reviewing and analyzing Mediacom's proposed
construction for 2015 and 2016. Information will be presented to the City Council on June 16.
B) Site Plan Review, Administrative Review — following the feedback at the Business Forum, staff
intends to present an ordinance for Planning Commission and City Council review which would
allow staff to administratively approve certain improvements on commercial property (parking lot
expansions, additions, small accessory structures) without needing to go through formal hearings
with the Planning Commission and Council. The Planning Commission provided feedback at the
June 9 meeting, and staff will present an ordinance for a public hearing at the July 14 meeting.
C) Shawnee Woods meeting — staff met with residents along Shawnee Woods Road to discuss the
fixture construction along the Villas project. Staff is discussing whether the property owners would
like to have stubs for their property and if so, securing easements.
Planning Department Update
Page 2 of 2 June 16, 2015
City Council Meeting
MEDINA POLICE DEPARTMENT
600 Clydesdale Trail
Medina, MN 55340.9790
p: 763.473-9209
f: 763.473-8858
non -emergency: 763-525-6210
MEMORANDUM Emergency 9.1_1
TO: City Administrator Scott Johnson and City Council
FROM: Director Edgar J. Belland
DATE: June 12, 2015
RE: Department Updates
Defendant Pleads Guilty
Donald Kalib John Nichols pleaded guilty to second degree attempted homicide on June 10,
2015, related to the incident on December 4, 2014 at the Ling Inn Motel; Nichols took a
machete after a Hennepin County deputy, striking the deputy before Sergeant Nelson shot
Nichols to stop the threat. Nichols sentencing hearing is scheduled for July 10, 2015. He is
facing up to 13 years in prison.
New Traffic Lights
Over the past couple of weeks, contractors have been installing the permanent traffic lights at
Highway 55 and County Road 101. The temporary lights have been in place for over a
decade. With the new developments in the area, the lights are badly needed.
Juvenile Audit
On Friday June 5, 2015, Carrie Waskie, a State Juvenile Corrections Inspector, came to our
office to review our facility and procedures to ensure compliance with the State
requirements. She completed her audit reporting that no deficiencies were found.
Hennepin County Mitigation Plan
Hennepin County Emergency Management is updating their mitigation plan. Their
mitigation plan includes the City of Medina. We are required to identify potential projects
that could be funded from mitigation funds in the future for Medina. I have been working
with their staff and ours to come up with a list of potential projects for the plan. The plan has
to be approved by the end of the year by the county board. The update will continue through
the summer.
2015 Bike Rodeo
On June 13th the 2015 Medina Police Department Bike Rodeo will be held at the Target Store
at 300 Clydesdale Trail. Please stop by if you get a chance.
Patrol by Sergeant Jason Nelson
Patrol Activities
For the dates of May 27 to June 10, 2015, our officers issued 31 citations and 104 warnings
for various traffic infractions. There were a total of four driving while impaired arrests, five
traffic accidents, nine medicals and 14 alarms.
Over the past few weeks, we have started to receive numerous solicitor violations. Some
have been arrested for soliciting without a permit, others have been talked to about getting a
permit and in one case where a person was issued a permit by the City. The party was
advised that if we had any more complaints, we would revoke the permit.
On May 28, 2015, our office spoke with a male who stopped to report that he had received a
call from someone in Georgia indicating that his grandson had been in an accident and that
he needed $1,234.00. The male verified that his grandson was not in Georgia and did not
send the money. This is a common scam attempt.
On June 7, 2015, Officer Jessen took a loud party call where several juveniles were drinking
and he could smell marijuana. Officer Jessen, when speaking with the homeowner, could
hear people (kids) running from the residence. Officer Jessen did not chase as he was the
only one on duty at the time but did clear the scene and waited in the neighborhood until one
of the vehicles left the party. The vehicle was stopped for a minor traffic violation and the
driver was found to have been drinking and was under 21. A felony amount of narcotics was
also located. The male was arrested and booked into the Hennepin County Jail. Case was
forwarded to the West Metro Drug Task Force.
On June 9, 2015, Officer McGill and I responded to the Cherry Hill neighborhood for a mail
theft in progress. It was discovered that a neighborhood kid, whom we have dealt with
numerous times, had been looking through mailboxes but did not actually steal any mail.
On June 9, 2015, Officers Boecker and Converse were dispatched to Loretto for an
intoxicated man with a handgun that was threatening others. Upon arrival, officers located
the male who was very intoxicated and also the handgun, which was loaded, along with
narcotics. The case is still being investigated. Due to the male's level of intoxication, he was
transported to detox.
Criminal Investigations by Investigator Charmane Domino
I took a report of a possible Green Dot VISA debit card scam. The reporting party received a
solicitation in the mail with a card already attached. It was mailed to the RP's address but
RP stated they never give out that address and only use a PO Box. VISA denied any
knowledge of those solicitations.
A shotgun was found in the middle of the road. Owner has not yet been located.
Several residents had their mail stolen and copies of checking/credit accounts were used to
make online purchases.
I received a report of missing jewelry from a jewelry box. Homeowner suspects a new
housekeeper.
Open cases currently under investigation: 14
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: June 10, 2015
MEETING: June 16, 2015
SUBJECT: Public Works Update
STREETS
• Public Works has been working on the following areas in town preparing for sealcoating
and our 2015 paving projects:
o Foxberry Farms: Lowered certain catch basins so water can drain off the streets
in some areas. Curb has been replaced in these areas and sealcoating will follow.
o Bridgewater: Charles Cudd has completed the final curb replacement work on
the Bridgewater development. The City crew will be repaving a small area of
settlement around the center island on the east end of the bridge.
o Tamarack Drive: The road has been slowly settling into the wetland for many
years, so we have added a leveling course approximately 1000' in length through
the swamp area. The thought is to hold the road together for the next five years
and budget for a project to raise the road in the future when we next overlay. P.W.
will be sealcoating the entire stretch from the Orono line to Blackfoot Trail.
o Independence Beach: Public Works replaced a culvert on Lakeshore Drive and
will be replacing about 200' of 36" pipe from Ardmore Creek along Lakeshore
Drive to the outlet on Lake Independence. We are currently working on the work
plan for the grant. Next will be the pond excavation and the curb and storm pipe
that is part of the retrofit project on Lake Ardmore. I am hoping to get started on
the paving on the north end of the project in June and the south end to be
determined as we progress with our projects in that area of the subdivision.
o 600 Clydesdale Trail: Part of the original project required us to remove some of
the hardcover in front of the Public Works break room. P.W. has removed some
of the hardcover and poured new curb. Next we will mill and overlay the entrance
portion of the parking lot as you enter from Clydesdale Trail. The pavement is in
bad shape and needs to be addressed. Along with the paving, we will be
sealcoating a portion of the parking lot that is in need of maintenance. I have
budgeted some funds for the parking lot next year and will continue moving
forward until we complete the work that needs to be done on the large parking lot.
o Tower Drive: The project is in full swing. Utilities are going in on Hamel Road.
There have been some water shutdowns and a lot of dirt moving. In the
excavation of the second pond there were some test holes dug on the Raskob
properties and we found some asbestos tiles in the building rubble. In your packet
are some quotes for the removal of the material, along with a change order and a
memo of explanation.
Page 1 of 1
WATER/SEWER/STORMWATER
• WSB is currently working on a new bid package for the well #8 production well and
pump house improvements. We are anticipating up to 1000 gallons per minute on this
well. This would be a great find for the future needs of the City's water supply and
would reduce the need for many of the wells that were originally proposed in the future.
Geology is never a given and how one well effects another can limit how we utilize
them, but we are very confident this is a good well for our needs.
PARKS/TRAILS
• Work on The Park at Fields of Medina is scheduled to begin the week of June 22nd. This
is a delay from the original start date. I have expressed my concern about making the
completion date of mid —July.
• We are currently installing new wood fiber into the playgrounds throughout the City.
• P.W. will be re -paving a small portion of the trail along County Road 101 for about 200'
north of Prairie Creek Drive due to failure.
• Public Works has been watering all the trees that were recently planted in the park and
will continue to do so as the summer heats up.
Page 2 of 2
ORDER CHECKS June 3, 2015 - June 16, 2015
42921 BASCO, DEBRA $250.00
42922 GREAT START MONTESSORI SCHOOL $250.00
42923 HOLIDAY FLEET $182.06
42924 US HOME CORP $54,992.75
42925 NORELL, PAUL $250.00
42926 SHRIRANG, JOSHI $225.00
42927 YLITALO, BARB $225.00
42928 2ND WIND EXERCISE INC $1,604.00
42929 ADAM'S PEST CONTROL INC $104.94
42930 ALLSTAR ELECTRIC $1,632.00
42931 ASPHALT SURFACE TECH CORP $71,885.42
42932 AUTOMATIC SYSTEMS CO $62,793.00
42933 BATTERIES + BULBS $258.91
42934 BIFFS INC $504.00
42935 BLUE CROSS BLUE SHIELD OF MN $28,698.76
42936 BOYER FORD TRUCKS INC $456.12
42937 BRYAN ROCK PRODUCTS $2,063.06
42938 BURSCHVILLE CONSTRUCTION INC $1,375.00
42939 CENTERPOINT ENERGY $251.30
42940 CENTURYLINK $226.87
42941 CHAMPION PLUMBING $55.00
42942 CONCEPT FINANCIAL GROUP $1,691.47
42943 CONSTRUCTION SCIENCE LLC $5,000.00
42944 COUNTRYSIDE CAFE $70.22
42945 DESIGNING NATURE, INC. $4,667.54
42946 ECM PUBLISHERS INC $201.21
42947 EGAN $1,267.50
42948 ESS BROS. & SONS, INC $126.00
42949 FEHN COMPANIES INC $6,077.20
42950 FIRST STUDENT LOC 1399 $145.00
42951 FLAGSHIP RECREATION LLC $13,890.00
42952 GOODIN COMPANY $105.24
42953 GOPHER STATE ONE CALL $497.85
42954 GRAINGER $45.84
42955 HACH COMPANY $784.06
42956 HAMEL LUMBER INC $1,276.74
42957 HD SUPPLY WATERWORKS LTD $4,334.88
42958 HENN COUNTY INFO TECH $851.32
42959 HENN CTY RESIDENT/REAL ESTATE $81.50
42960 HOTSY EQUIPMENT OF MN INC $365.91
42961 JOBS FOUNDATION/TECH DUMP $1,552.75
42962 KERN, DEWENTER & VIERE $1,400.00
42963 KELLY'S WRECKER SERVICE INC $75.00
42964 LINCK, MADELEINE $95.00
42965 CITY OF MAPLE PLAIN $1,664.14
42966 MATHESON TRI-GAS INC $70.25
42967 METROPOLITAN COUNCIL $12,300.75
42968 METROPOLITAN COUNCIL $20,367.83
42969 METRO WEST INSPECTION $15,229.85
42970 MINUTEMAN PRESS $1,864.47
42971 MN BUREAU OF CRIMINAL $75.00
42972 MN DEPT OF PUBLIC SAFETY $22.00
42973 NAPA OF CORCORAN INC $93.78
42974 NORTHWEST ASSOC CONSULTANTS $1,843.01
42975 OFFICE DEPOT $605.28
42976 CITY OF ORONO $2,136.15
42977 PREMIUM WATERS INC $35.64
42978 RUSSELL SECURITY RESOURCE INC $80.00
42979 STREICHER'S $313.96
42980 TALLEN & BAERTSCHI $3,427.38
42981 TASER INTERNATIONAL $251.31
42982 TEGRETE CORP $90.00
42983 TIMESAVER OFFSITE $413.00
42984 WEST SIDE REDI MIX $285.00
42985 WESTSIDE WHOLESALE TIRE $44.00
42986 WSB & ASSOCIATES $55,146.50
42987 XTREME MOBILE SMALL ENGINE $68.75
Total Checks $399,313.47
Electronic Payments May 29, 2015 — June 11, 2015
003176E SELECT ACCOUNT $2,458.74
003177E PR PERA $14,107.02
003178E PR FED/FICA $15,200.67
003179E PR MN Deferred Comp $1,980.00
003180E PR STATE OF MINNESOTA $3,191.95
003181E SELECT ACCOUNT $702.00
003182E CITY OF MEDINA $18.00
003183E FARMERS STATE BANK OF HAMEL $20.00
003184E AFLAC $394.88
003185E CIPHER LABORATORIES INC. $1,122.00
003186E CIPHER LABORATORIES INC. $3,631.00
003187E CIPHER LABORATORIES INC. $98.00
003188E CULLIGAN-METRO $31.80
003189E EXXONMOBIL FLEET - WEX BANK $1,019.59
003190E FRONTIER $55.15
003191E HOSTINGMINNESOTA.COM $29.99
003192E SELECT ACCOUNT $75.50
003193E MEDIACOM OF MN LLC $219.90
003194E MEDIACOM OF MN LLC $128.01
003195E MEDIACOM OF MN LLC $58.08
003196E PAYMENT SERVICE NETWORK INC $345.15
003197E PIVOTAL PAYMENTS INC $245.95
003198E PREMIUM WATERS INC $99.00
003199E VERIZON WIRELESS $1,146.07
Total Electronic Checks $46,378.45
PAYROLL DIRECT DEPOSIT June 3, 2015
506440 ALTENDORF, JENNIFER L. $1,239.17
506441 ANDERSON, JOHN G. $230.87
506442 BARNHART, ERIN A $1,835.70
506443 BELLAND, EDGAR J. $2,544.27
506444 BOECKER, KEVIN D. $2,572.71
506445 CONVERSE, KEITH A. $2,523.46
506446 COUSINEAU, LORIE K. $230.87
506447 DINGMANN, IVAN W. $1,933.30
506448 DOMINO, CHARMANE $1,542.30
506449 ENDE, JOSEPH $1,356.10
506450 FINKE, DUSTIN D $2,080.39
506451 GALLUP, JODI M. $1,560.33
506452 GLEASON, JOHN M $2,006.18
506453 GREGORY, THOMAS $1,818.43
506454 HALL, DAVID M $1,974.08
506455 JESSEN,JEREMIAH S. $2,096.50
506456 JOHNSON, SCOTT T $2,162.88
506457 KLAERS, ANNE M. $612.44
506458 LANE, LINDA $1,465.16
506459 LEUER, GREGORY J $1,944.15
506460 MARTIN, KATHLEEN M $230.87
506461 MCGILL, CHRISTOPHER R. $1,365.40
506462 MITCHELL, ROBERT G $327.07
506463 NELSON, JASON $2,341.78
506464 NISSEN,JACQUEL R $495.82
506465 PEDERSON,JEFF $221.92
506466 PETERSON, DEBRA A. $1,515.19
506467 REINKING, DEREK M $1,481.41
506468 SCHERER, STEVEN T. $2,225.70
506469 VIEAU,CECILIA M $1,165.44
506470 VINCK, JOHN J. $2,075.36
506471 WENANDE, BRANDON S. $493.77
Total Payroll Direct Deposit $47,669.02