HomeMy Public PortalAbout07.21.2015 City Council Meeting PacketMEDINA
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, July 21, 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 July 7, 2015 Regular Council Meeting
V. CONSENT AGENDA
A. Award the Bid for the Well No. 8 Project to Mark J. Traut Wells, Inc.
B. Approve 2016 Pioneer -Sarah Creek Watershed Management Commission Budget
C. Approve Tree Trimming and Brush Grinding Services Agreement with Burnham Tree Experts
D. Approve Subwatershed Retrofit Cooperative Agreement for the Ardmore Lake Subwatershed with
Hennepin County and Hakanson Anderson
E. Call for a Special City Council Meeting on Tuesday, September 15` at 6:00 p.m. for the 2016
Budget Open House
F. Ordinance Amending the Medina Clydesdale Marketplace Planned Unit Development District for
Goddard School
G. Resolution Authorizing Publication of the Ordinance Amending the Medina Clydesdale
Marketplace Planned Unit Development District for Goddard School by Title and Summary
H. Resolution Approving Site Plan Review for Construction of Goddard School at 345 Clydesdale Tr
I. Approve Development Agreement by and Between the City of Medina and P J Norman, LLC
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATIONS
A. Resolution Recognizing John Gleason for Five Years of Service to the City of Medina
B. Mike Kramer, Xcel Energy Update on Power Outages
C. Senator Osmek Legislative Update
VIII. NEW BUSINESS
A. Town Line Road North Improvement Project
1. Resolution Receiving Feasibility Report and Calling for Public Hearings on Town Line
Road Improvement Project and Levying Special Assessments for Same
2. Joint Powers Agreement Between the City of Independence and the City of Medina
Regarding Townline Road Repair Project
B. Ordinance Regarding Site Plan Review Processes; Amending Chapter 8 of the City Code
1. Resolution Authorizing Publication of the Ordinance by Title and Summary
IX. CITY ADMINISTRATOR REPORT
A. Audio -Visual Upgrades to Council Chambers
X. MAYOR & CITY COUNCIL REPORTS
XI. APPROVAL TO PAY BILLS
XII. CLOSED SESSION: Attorney -Client Privileged Discussion on Ongoing Litigation Matter Specifically
Stonegate Farm, Inc. V. City of Medina, Pursuant To Minn. Stat. Sec. 13d.05, Subd. 3(b)
XIII. ADJOURN
Posted 7/16/2015 Page 1 of 1
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: July 16, 2015
DATE OF MEETING: July 21, 2015
SUBJECT: City Council Meeting Report
V. CONSENT
A. Award the Bid for the Well No. 8 Project to Mark J. Traut Wells, Inc.— The bid
tabulations are attached and staff recommends approval of the low bid with Mark J. Traut
Wells, Inc.
See attached memo and bid tabulations.
B. Approve 2016 Pioneer -Sarah Creek Watershed Management Commission Budget — The
City will receive a decrease of $336.61 for the 2016 Budget. Staff recommends approval.
See attached budget.
C. Approve Tree Trimming and Brush Grinding Services Agreement with Burnham Tree
Experts — Staff recommends approval of the brush grinding services agreement with
Burnham Tree Experts.
See attached agreement.
D. Approve Subwatershed Retrofit Cooperative Agreement for the Ardmore Lake
Subwatershed with Hennepin County and Hakanson Anderson — The total project
estimate is $9,334 and the state grant amount is $7,000, or 75% of the project costs. The
city will be responsible for providing a match not less than $2,334. Staff recommends
approval.
See attached agreement.
E. Call for a Special City Council Meeting on Tuesday, September 1st at 6:00 p.m. for the
2016 Budget Open House — The City Council annually holds a Special City Council
Meeting for a budget open house which gives residents the opportunity to discuss the
proposed budget prior to setting the preliminary levy at the first meeting in September.
Staff recommends approval.
No attachments for this item.
F. Ordinance Amending the Medina Clydesdale Marketplace Planned Unit Development
District for Goddard School — The City Council reviewed this request at the July 7th
meeting and directed staff to prepare the attached ordinance for approval. Staff
recommends approval.
See attached ordinance.
G. Resolution Authorizing Publication of the Ordinance Amending the Medina Clydesdale
Marketplace Planned Unit Development District for Goddard School by Title and
Summary — Staff recommends approval of the resolution authorizing the publication of
the above ordinance by title and summary.
See attached resolution.
H. Resolution Approving Site Plan Review for Construction of Goddard School at 345
Clydesdale Trail — The City Council reviewed this request at the July 7th meeting and
directed staff to prepare the attached resolution for approval. Staff recommends approval.
See attached resolution.
I. Approve Development Agreement by and Between the City of Medina and P J Norman,
LLC — Staff recommends approval of the Development Agreement for the Goddard
School in Medina Clydesdale Marketplace.
See attached agreement.
VII. PRESENTATIONS
A. Resolution Recognizing John Gleason for 5 Years of Service to the City of Medina —
John Gleason will be present at the meeting to receive his recognition. Staff recommends
approval.
See attached resolution.
B. Mike Kramer, Xcel Energy Update on Power Outages — Mike Kramer from Xcel Energy
will be at the City Council meeting to give us an update on the recent power outages on
Highway 55.
No attachments for this item.
C. Senator Osmek Legislative Update — Senator Osmek will be at the meeting to give the
Council an update on the recent legislative session.
No attachments for this item.
VIII. NEW BUSINESS
A. Town Line Road North Improvement Project — The Town Line Road North
Improvement Project, consisting of an overlay, shouldering and striping, will take place
with the cooperation of our neighboring City of Independence. This project was
originally in the City of Medina 2016 CIP plan, but was moved up one year to
accommodate a larger paving project being done by the City of Independence.
See attached memo, resolution, feasibility report and joint powers agreement.
2
Recommended Motion #1: Adopt resolution receiving feasibility report and
calling for the public hearings on the Town Line Road North improvement
project and levying special assessment for the same.
Recommended Motion #2: Enter into the Joint Powers Agreement with the
City of Independence for the Town Line Road North Improvement Project.
B. Ordinance Regarding Site Plan Review Processes; Amending Chapter 8 of the City
Code — Staff reviewed the Site Plan Review ordinance to identify opportunities to make
the review process more efficient, but also to maintain a public process for larger
projects. Following the review, staff prepared the attached ordinance which was
discussed at the June and July Planning Commission meetings.
See attached report, ordinance and resolution.
Recommended Motion #1: Adopt ordinance regarding site plan review
processes, amending chapter 8 of the city code
Recommended Motion #2: Adopt resolution authorizing publication of the
ordinance by title and summary
IX. CITY ADMINISTRATOR REPORT
A. Audio -Visual Upgrades to Council Chambers — Staff met with Tierney Brothers to
discuss the Council's concerns with seeing the second display screen at the back of the
room. It was determined that eliminating the back display screen and having the Council
use tablets or other technology to view the presentation would be the best solution. We
also discussed putting the single display screen in the same location as the current
projector screen to best serve the entire room. Tierney Brothers will be updating their
visual quote to show two options: Option 1 - replace just the projector to be used on the
existing screen; Option 2 - remove the projector and screen and replace it with a 70"
LCD Display Screen. The screen would need to be ceiling mounted since it is in front of
the windows and might have limited rotation ability. Staff will send the updated quotes
to the City Council as soon as we receive them.
No attachments for this item.
XI. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 003233E-003255E for $70,198.56,
order check numbers 43068-43121 for $439,013.31, and payroll EFT 506531-506556 for
$47, 682.24.
XII. CLOSED SESSION: Attorney -Client Privileged Discussion on Ongoing Litigation
Matter Specifically Stonegate Farm, Inc. V. City of Medina, Pursuant To Minn. Stat. Sec.
13d.05, Subd. 3(b)
See attached contingent settlement agreement.
3
INFORMATION PACKET
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
4
DRAFT
2
3 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 7, 2015
4
5 The City Council of Medina, Minnesota met in regular session on July 7, 2015 at 7:00
6 p.m. in the City Hall Chambers. Acting Mayor Pederson presided.
7
8 I. ROLL CALL
9
10 Members present: Anderson, Cousineau, Pederson, Martin, and Mitchell (arrived at
11 7:03 p.m.).
12
13 Members absent: None.
14
15 Also present: City Administrator Scott Johnson, City Attorney Ron Batty, City Engineer
16 Tom Kellogg, City Planner Dusty Finke, Chief of Police Ed Belland, and Recording
17 Secretary Amanda Staple.
18
19 II. PLEDGE OF ALLEGIANCE (7:00 p.m.)
20
21 III. ADDITIONS TO THE AGENDA (7:00 p.m.)
22 Johnson noted that the item titled Loretto Fire Department Auto -Aide Requested should
23 be placed under New Business rather than Old Business.
24
25 Moved by Anderson, seconded by Martin, to approve the agenda as amended. Motion
26 passed unanimously.
27
28 IV. APPROVAL OF MINUTES (7:01 p.m.)
29
30 A. Approval of the June 16, 2015 Special City Council Meeting Minutes
31 It was noted under the Proposed 2016 Hamel Fire Budget, line 10, it should state,
32 "...based on the conversations..." On line 15, the following sentence should be deleted,
33 "Anderson stated he could only approve the proposed budgct if the Hamel Firc
34 Department agreed to consolidatc as soon as poccibic with the Loretto Firc
35 Department."
36
37 Moved by Martin, seconded by Cousineau, to approve the June 16, 2015 special City
38 Council meeting minutes as amended. Motion passed unanimously.
39
40 B. Approval of the June 16, 2015 Regular City Council Meeting Minutes
41 It was noted on page two, line 48, it should state, "...Anderson questioned asked if there
42 was..." On page three, line 15, it should state, Minnesota Pollution Control Agency,....
43 On page three, line 16 it should state, "...project area,. and a add to develop a was
44 developed response in the case event..." On page three, line 19, it should state,
45 "...began work, asbestos was identified and because the contractor on the job is was not
46 qualified to remove that type of material, a qualified subcontractor would be was needed.
47 On page three, line 22, it should state, "...materials world will be handled through the
48 proper manner while the other contaminates wed will... On page four, line 8, it should
49 state, "...that the funding..." On page four, line 19, it should state, "...phase one and two
50 Phase I and Phase II..." On page four, line 20, it should state, "...and there was not a
51 reliance letter issued to the City; therefore,...." On page four, line 24, it should state,
Medina City Council Meeting Minutes 1
July 7, 2015
"...against the trust that is the property owner of the property. On page four, line 32, it
2 should state, "...the reports..." On page four, line 36, it should state, "...would could..."
3
4 Mitchell arrived.
5
6 Moved by Pederson, seconded by Anderson, to approve the June 16, 2015 regular City
7 Council meeting minutes as amended. Motion passed unanimously.
8
9 V. CONSENT AGENDA (7:08 p.m.)
to
11 A. Approve Bingo Permit and Temporary On -Sale Liquor License to/at Holy
12 Name of Jesus Church on September 19, 2015
13 B. Approve Raffle Permit to TwinWest Chamber Foundation at 400 Evergreen
14 Road on August 10, 2015
(� ppr " ntract Renewal fei-Assessing Seams ices with-South7�es�t
15 v rove o r�Tr�ra: aTccrra: vrcrr
16 Assessing
17 D. Approve Development Agreement by and between the City of Medina and
18 Aidi InE. �Minneso a
19 E. Approve 2016 Elm Creek Watershed Management Commission Budget
20 F. Ordinance No. 581 Amending Sections of Chapter 7 of the Code of
21 Ordinances Regarding Public and Private Utilities
22 G. Resolution No. 2015-54 Authorizing Publication of the Ordinance Amending
23 Sections of Chapter 7 of the Code of Ordinance by Title and Summary
24 Moved by Pederson, seconded by Martin, to approve the consent agenda. Motion
25 passed unanimously.
26
27 C. Approve Contract Renewal for Assessing Services with Southwest
28 Assessing
29 Anderson recused himself from this item.
30
31 Mitchell stated that he was interested to see the methodology, contract and percentage
32 of interest, which relates to the number of houses and values. He suggested that the
33 financial staff review this chart to determine if an additional marker should be included.
34
35 Pederson asked and received confirmation that the increase would be five percent and
36 stated that he would be opposed to that increase. He believed that all contractors
37 should be paid a similar amount.
38
39 Johnson stated that staff worked with the consultant in 2014 to decrease the increase
40 from 10 percent to 4 percent with the understanding that an additional increase would be
41 given the following year. He noted that the number of homes in the City and other
42 State/County mandates have increased for the Assessor.
43
44 Pederson stated that he would like staff to determine if that increase could be lowered.
45
46 Martin referenced the table, which provides the increases over the past few years, noting
47 that an increase in the number of homes could cause an increase in fee. She noted that
48 over the past few years there was a 20 percent increase in the number of homes while
49 the fee increase would only equal 11 percent over those same years.
50
Medina City Council Meeting Minutes 2
July 7, 2015
1 Moved by Cousineau, seconded by Martin, to approve the contract renewal for
2 assessing services with Southwest Assessing. Motion passed 3-1 (Pederson
3 opposed).
4
5 Anderson rejoined the Council.
6
7 D. Approve Development Agreement by and between the City of Medina and
8 Aldi Inc. (Minnesota)
9 Johnson stated that staff worked with Aldi to fill in gaps in the Development Agreement,
10 highlighting specifically the letter of credit and noting that more accurate numbers were
11 included.
12
13 Moved by Martin, seconded by Pederson, to approve the execution copy of the
14 Development Agreement by and between the City of Medina and Aldi Inc. (Minnesota).
15 Motion passed unanimously.
16
17 VI. COMMENTS (7:21 p.m.)
18
19 A. Comments from Citizens on Items not on the Agenda
20 Fred Webber, 100 Clydesdale Trail, stated that there is an issue in the area he lives in
21 with power outages. He stated that there are often power outages during storm events,
22 which can last a few hours. He noted that they have received assistance from Scherer
23 and Johnson but at some point perhaps the support of the Council will be needed. He
24 stated that while his building is not an assisted living facility, it is a senior building and
25 there are some people that are not able to get down the stairs when the elevator is not
26 working during outages.
27
28 Martin questioned if the source of the issue has been identified.
29
30 Webber stated that Xcel has given different reasons for each outage but believed that
31 perhaps the outages are in relation to the significant development in that area.
32
33 Anderson questioned if the building has a backup generator.
34
35 Webber stated that the building does not have a generator.
36
37 Johnson stated that staff has been working with the residents in the area and Xcel to
38 determine the problem. He stated that he will provide an update to Council once a
39 solution is found as there have been four outages recently.
40
41 Cousineau noted that section of the City would also be impacted by the development
42 nearby in Plymouth.
43
44 Mitchell suggested reaching out to Plymouth as well.
45
46 B. Park Commission
47 Park Commissioner Linck stated that the Commission met on June 17th to discuss
48 potential interest in community gardens, noting that some of the smaller lots do not
49 accommodate gardens. She stated that if an organized neighborhood group came to
50 the Park Commission with a proposal which includes land, then the Commission would
51 seriously consider the item. She advised that the Commission discussed a request from
Medina City Council Meeting Minutes 3
July 7, 2015
1 the Hamel Hawks for a formal bullpen, noting that the Commission allowed a temporary
2 setup for this season until a more formal plan could be developed to find a location for
3 that aspect and address the parking issue. She stated that the Commission followed up
4 the discussion regarding Monarchs and milkweed plantings, which occurred at the
5 previous meeting and noted that the Commission is considering plantings in certain
6 parks along with educational signs and potentially working with a consultant to determine
7 how the City can further educate residents. She reported that the Commission reviewed
8 the results of the park tour that had been held and drafted a list of ideas, improvements,
9 and maintenance items. She stated that the Commission also reviewed and made
10 potential amendments to the CIP.
11
12 A. Comments from Citizens on Items not on the Agenda (Continued)
13 Mario Fabrizio, 290 Calamus Circle, stated that he attended the June 16th Special City
14 Council meeting and did not believe the minutes approved accurately describe what
15 occurred at the meeting. He stated that the meeting was a premeditated ambush and
16 believed that the Council owes an apology to the Hamel Fire Department. He stated that
17 the organization provides service to the community 24 hours a day, 365 days per year,
18 regardless of the poor treatment they receive in the Council chambers time and time
19 again.
20
21 Mitchell stated that the Hamel Fire Department budget would be discussed at the next
22 meeting.
23
24 C. Planning Commission
25 Finke reported that the Planning Commission will meet the following week to hold five
26 hearings to consider a request from Stonegate, a subdivision request on Willow Drive,
27 whether ground mounted solar panels should be allowed on residential property,
28 required setbacks for decks from wetland buffers, and site plan review processes and
29 the possibility of making more commercial property reviews administrative.
30
31 VII. PRESENTATIONS
32
33 A. Resolution No. 2015-55 Recognizing John Vinck for Ten Years of Service to
34 the City of Medina (7:40 p.m.)
35 Mitchell read aloud the Resolution recognizing John Vinck for ten years of service to the
36 City of Medina as a member of the Medina Police Department.
37
38 Moved by Pederson, seconded by Anderson, to adopt Resolution No. 2015-55
39 Recognizing John Vinck for Ten Years of Service to the City of Medina. Motion passed
40 unanimously.
41
42 Mitchell presented the Resolution to Vinck and thanked him for his service to the City.
43 He thanked the Police Department for a safe Fourth of July weekend.
44
45 Belland stated that Vinck does a great job for the department day in and day out and has
46 made a great contribution to the planning and development of the workout area.
47
48 VIII. NEW BUSINESS
49
50
51
Medina City Council Meeting Minutes 4
July 7, 2015
1 A. Loretto Fire Department Auto -Aid Change (7:44 p.m.)
2 Mitchell stated that there was a meeting on June 29th where the auto -aid change was
3 discussed and additional information was requested from Ray McCoy. He stated that
4 the potential Hamel Fire budget would be discussed and reviewed at the next Council
5 meeting. He stated that the Council should determine whether the Council is
6 comfortable with continuing to work with Ray McCoy.
7
8 Martin stated that she believes the Council should stand aside. She stated that the Fire
9 Departments work very well and she has never heard a concern from a resident. She
10 believed that the Council should step back and let Ray McCoy facilitate the discussions
11 between the departments. She stated that the more the Council is involved in hearsay
12 and issue raising the more challenging that is to the confidence that those departments
13 are building together. She suggested that instead the Council should address their
14 concerns to Johnson rather than raising comments in public forums.
15
16 Pederson stated that he has confidence in Ray McCoy and would like to see additional
17 meetings being held with the departments and Ray McCoy.
18
19 Cousineau questioned if this is the normal pace for a consolidation.
20
21 Mitchell stated that another consultant was interviewed who stated that it could be up to
22 eight years. He stated he is comfortable with the initial work being done in the first eight
23 months to one-year period. He agreed with the comments made by Martin that any input
24 should filter through Johnson and Ray McCoy should be left to assist in the
25 consolidation.
26
27 Martin stated that the City contracts with the fire departments and does not rule or own
28 the fire departments. She stated that while the City would like to see a consolidation that
29 decision would be up to the fire departments themselves. She believed that the
30 participation of the fire departments thus far shows their cooperation and service to the
31 City.
32
33 B. Goddard School — PUD General Plan and Site Plan Review — 345
34 Clydesdale Trail (7:52 p.m.)
35 Finke presented a request for the development of a vacant parcel to construct a 9,300
36 square foot early childhood education facility, Goddard School. He stated that the
37 original PUD had included a restaurant on this site, explaining that although this building
38 is larger than the restaurant pad had been, the parcels will be the same because of the
39 lesser amount of parking needed. He provided a sketch of the proposed layout,
40 identifying the building, parking, fencing around the property and proposed access to the
41 site. He described the proposed building materials and design as well as aspects
42 relating to transportation. He referenced the neighboring Caribou Coffee site, noting that
43 while the applicant is not causing the existing issue, staff would not like to see that issue
44 become worse. He stated that the applicant had preferred no access from the Caribou
45 site but staff feels that the drive aisle between the two locations should be made two car
46 widths in order to accommodate emergency vehicles and possible use changes in the
47 future. He stated that the Planning Commission supported a two -car width for that
48 access. He reviewed the proposed parking and noting that there would be sufficient
49 parking as proposed and also provided in neighboring lots for large events. He stated
50 that the Planning Commission reviewed the request in June and recommended
51 approval, highlighting some of the recommended conditions. He reviewed the alternate
Medina City Council Meeting Minutes 5
July 7, 2015
I access option proposed by the applicant to accommodate emergency vehicles, noting
2 that option would not address the potential future use change.
3
4 Aaron Amic, applicant, stated that he and his wife operate the Plymouth Goddard School
5 and have since 2007. He explained that the Goddard School is a franchise which is
6 individually owned and operated. He stated that following the Planning Commission
7 meeting additional windows and signage had been added to the design. He stated that
8 the trash enclosure appears to be entirely connected to the building but is not in order to
9 accommodate for leaky trash. He stated that different orientations were reviewed for the
10 site. He stated that he had visited the site and they have attempted to orientate as far
11 away from Caribou as possible. He stated that they do have a concern with a full access
12 between the two sites and that is why they are proposing a lower curb, which would
13 accommodate emergency vehicles but not encourage cross traffic.
14
15 Anderson questioned if the plan would be to close the Plymouth site.
16
17 Amic stated that they would keep that location open and split duties at the sites between
18 him and his wife.
19
20 Pederson referenced the location of a light pole and asked staff to review that location.
21
22 Anderson asked the average age of the students at Goddard School.
23
24 Amic stated that the school services ages six months to six years old, providing service
25 through pre-k. He stated that the average would be about 3.5 years old as there are
26 state mandates regarding the number of younger students allowed.
27
28 Cousineau questioned if the widening of Outlot Drive would cause problems with the
29 setback as proposed.
30
31 Finke confirmed that the setback would not be impacted.
32
33 Cousineau questioned how trash trucks would access the site.
34
35 Finke explained that the trash trucks would continue to use the regular access without
36 problem.
37
38 Mitchell questioned how patrons would access the restaurant as originally planned
39 through the PUD.
40
41 Finke noted that the alignment would be similar to what is proposed, noting that
42 additional connections to Outlot Drive could be provided.
43
44 Mitchell asked and confirmed that the property would pay property taxes and would not
45 be exempt.
46
47 Amic stated that the trash enclosure is attached to the building, explaining that this
48 layout was designed in order to avoid bringing trash out through other rooms. He stated
49 that the location is limited by the amount of space allowed by Target and the restriction
50 on the gym space needed. He explained how the trash is picked up at the Plymouth
51 location and how the trash would be picked up at this location.
Medina City Council Meeting Minutes 6
July 7, 2015
1
2 Mitchell questioned if there would be sufficient space in the parking lot to accommodate
3 a restaurant.
4
5 Finke stated that there would be a possibility should the property owner wish to replat
6 that site.
7
8 Mitchell questioned if the access issue would need to be worked out prior to approval.
9
10 Finke stated that the action would be for staff to prepare approval documents and noted
11 that additional information can be reported to the Council when the documents are ready
12 for approval.
13
14 Batty stated that the Development Agreement would deal with those issues.
15
16 Amic stated that they are purchasing the property but the intent is not to use that access
17 to exit to the Caribou parcel. He noted that the western access is a full access.
18
19 Cousineau stated that one of the materials was not excluded through the PUD but is not
20 listed as an allowed material.
21
22 Finke stated that item can be addressed through the PUD amendment.
23
24 Amic presented an example of the proposed materials.
25
26 Moved by Martin, seconded by Anderson, to direct staff to prepare an ordinance for the
27 General Plan of Development to amend the PUD and a resolution for the Site Plan
28 Review, based upon the findings noted in the staff report and subject to the conditions
29 recommended by the Planning Commission.
30
31 Further discussion: Martin questioned the benefit that would be gained by forcing this
32 applicant to widen the access between this site and Caribou.
33
34 Finke replied that the original intent had been to allow traffic to flow and believed that if
35 this were any other use the cross traffic would be encouraged.
36
37 Mitchell stated that the two-way curb cut could be installed and signage or flowerpots
38 could be installed to detour traffic.
39
40 Finke stated that a financial guarantee could be required for the future. He agreed that
41 there could be temporary options to detour traffic.
42
43 Motion passed unanimously.
44
45 C. Proposal for Audio -Visual Upgrade to Council Chambers (8:40 p.m.)
46 Johnson stated that as part of the cable franchise agreement the City receives franchise
47 fees and PEG fees. He explained that PEG fees can only be used for specific purposes,
48 one of those being audiovisual upgrades for the Council Chambers. He stated that the
49 current equipment is dated and staff has received bids for the upgrades. He reviewed
50 the best proposal received, which was from Tierney Brothers. He stated that the City
51 currently has $12,401.71 available in PEG fees and receives roughly $2,500 quarterly
Medina City Council Meeting Minutes 7
July 7, 2015
1 with three quarters remaining this year. He stated that the total project cost is estimated
2 at $17,243.45. He stated that the gap in funding could be funded through the equipment
3 replacement fund and that fund could be replenished when the remaining PEG fees are
4 received. He clarified that the PEG funds could be used for equipment upgrades at the
5 Council Chambers and possibly at other City locations.
6
7 Martin questioned if there is any way that the Council could have their own (Pads or
8 computers linked to the system to follow along with presentations. She noted that also
9 perhaps the screens could be placed on rollers to be able to move closer when the room
10 is not full.
11
12 Johnson stated that he could follow up with Tierney Brothers to determine if that would
13 be possible.
14
15 Moved by Martin, seconded by Anderson, to approve Tierney Brothers proposal and
16 fund the project through cable franchise PEG fees, with interim borrowing from the
17 equipment replacement fund and direct staff to investigate the additional items
18 discussed. Motion passed unanimously.
19
20 D. Ordinance No. 582 Amending Section 625 of the Code of Ordinances
21 Regarding Alcoholic Beverage Licenses (8:47 p.m.)
22 Johnson stated that there were changes made during the 2015 legislative session
23 regarding alcoholic beverages and licensing. He stated that staff has drafted the
24 proposed amendments to the ordinance in order to match the changes made by the
25 legislature this year.
26
27 Moved by Anderson, seconded by Pederson, to adopt Ordinance No. 582 Amending
28 Section 625 of the Code of Ordinances Regarding Alcoholic Beverage Licenses.
29 Motion passed unanimously.
30
31 1. Resolution No. 2015-56 Authorizing Publication of Ordinance No.
32 582 by Title and Summary
33 Moved by Martin, seconded by Pederson, to adopt Resolution No. 2015-56 Authorizing
34 Publication of Ordinance No. 582 by Title and Summary. Motion passed unanimously.
35
36 IX. CITY ADMINISTRATOR REPORT (8:50 p.m.)
37 Johnson stated that the first phase of the overlay has been completed in the
38 Independence Beach Neighborhood.
39
40 Kellogg provided an update on the progress of the Tower Drive project, noting that the
41 class five material is being laid on Hamel Road this week with reclamation on Tower
42 Drive to begin next week, and utility work on Tower Drive to begin the following week.
43 He referenced the asbestos work and reported that Hennepin County has approved up
44 to $62,500 for the work and advised that the contractor could begin work tomorrow.
45
46 Johnson stated that the contractor should be reminded that the class five material must
47 be laid this week on Hamel Road because of the Hamel Rodeo this weekend.
48
49 Martin asked for additional information on the funding from the County.
50
Medina City Council Meeting Minutes 8
July 7, 2015
1 Kellogg advised that the County would pay 50 percent of the cost for the asbestos work,
2 up to $62,500.
3
4 X. MAYOR & CITY COUNCIL REPORTS (8:54 p.m.)
5 Mitchell commended Belland for his receipt of the Leadership Award through the League
6 of Minnesota Cities. He stated that the Hamel Rodeo will occur this weekend, Thursday
7 through Sunday, and encouraged the Council to show their support.
8
9 XI. APPROVAL TO PAY THE BILLS (8:55 p.m.)
10 Moved by Anderson, seconded by Pederson, to approve the bills, EFT 003200E-
11 003232E for $97,020.10, order check numbers 42988-43067 for $199,716.61, and
12 payroll EFT 506472-506530 for $93,021.27. Motion passed unanimously.
13
14 XII. ADJOURN
15 Moved by Anderson, seconded by Cousineau, to adjourn the meeting at 8:55 p.m.
16 Motion passed unanimously.
17
18
19
20 Bob Mitchell, Mayor
21 Attest:
22
23
24 Scott Johnson, City Administrator
Medina City Council Meeting Minutes 9
July 7, 2015
AL
WSB
* Associates, Inc. engineering • planning • environmental • construction
July 15, 2015
Honorable Mayor and City Council
City of Medina
2052 County Road 24
Medina, MN 55340-9790
Re: Municipal Production Well No. 8
City of Medina, MN
WSB Project No. 2712-01
Dear Mayor and Council Members:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
A six-inch (6") diameter test well was installed and test pumped to determine the design
parameters for Production Well No. 8. The test pumping results were very favorable and indicate
that the probable capacity of Production Well No. 8 will be 1,000 gallons per minute (gpm). The
1,000 gpm is double the 500 gpm goal established for this well.
WSB & Associates, Inc. (WSB) then designed a 1,000 gpm well. Both cable tool and dual rotary
construction methods were specified to allow as many of the major municipal well drillers to bid
as possible. However, due to the 400-foot depth of the surficial aquifer, the dual rotary method
has a distinct cost advantage over the cable tool method and none of the drillers who use the
cable tool method decided to bid.
Bids were received for the above -referenced project on Monday, July 13, 2015, and were opened
and read aloud. Two bids were received to drill the well with the dual rotary method. The bids
were checked for mathematical accuracy and tabulated and no errors were made on the proposal
forms. The Engineer's Estimate was $300,000.00. Both bids were significantly lower that the
Engineer's Estimate. Enclosed please find the bid tabulation indicating the low bidder as Mark J.
Traut Wells, Inc. in the amount of $195,150.00.
We have reviewed Mark J. Traut Wells' proposal and they are qualified and have the necessary
equipment to perform the work required. Further, they drilled the test well and have other
drilling experience in the City of Medina. Therefore, they are familiar with the site for
Production Well No. 8 and have familiarity with local geologic conditions. We recommend that
the City consider these bids and award a contract to Mark J. Traut Wells, Inc., based on the
results of the bids received.
Equal Opportunity Employer
wsbeng.com
K:\02712-010\Admin\Construction Admin\Well No. 8\Ro-Bid\2712-010 LOR-71515.docx
Honorable Mayor and City Council
July 15, 2015
Page 2
Sincerely,
WSB & Associates, Inc.
Tom Roushar, PE
Senior Project Manager
Attachments
cc: Scott Johnson, City Administrator
Steve Scherer, Director of Public Works
ar
K:\02712-010\Admin\Construction Admin\Well No. 8\Re-Bid\2712-010 LOR-71515.docx
BID TABULATION SUMMARY
PROJECT:
Municipal Production Well No. 8
OWNER: City of Medina, MN
WSB PROJECT NO(S).: 2712-01
BIDS RECEIVED: Monday, July 13, 2015, at 2:00 p.m.
Mark J. Traut Wells, Keys Well Drilling
Inc. Company
Bid Security (5%)
Total Schedule A: Cable Tool Well Construction $0.00 $0.00
Total Schedule B: Dual Rotary Well Construction $195,150.00 $268,230.00
Add or Deduct per Lineal Foot for furnishing and
installing 18" screen instead of furnishing and installing $0.00 ($2,400.00)
12" screen with filter pack
Total Bid $195,150.00 $265,830.00
I hereby certify that this is a true and correct tabulation of the bids as received on July 13, 2015.
Thomas A. Roushar, PE, Project Manager
DENOTES CORRECTED FIGURE
K:102712-0101Admin\Construction Admin\Well No. 81Re-Bid12712-01 Bid Tab Summary-071315
WSB
eK .9ssne•iene-a, !rx •.
BID TABULATION DETAIL
Project Name: Municipal Production Well No. 8 Project No. 2712-01
Client: City of Medina, MN
Bids Received: Monday, July 13, 2015
DENOTES CORRECTED FIGURE
I hereby certify that this is an exact reproduction of
bids received.
Thomas A. Roushar, PE,
Engineer: Senior Project Manager
Bidder No. 1
Mark J. Traut Wells, Inc.
Bidder No. 2
Keys Well Drilling Co.
SCHEDULE A: CABLE TOOL WELL CONSTRUCTION
Item No.
A.01
Item
Units
Qty
Unit Price
Total
Unit Price
Total
MOBILIZATION AND DEMOBILIZATION
LUMP SUM
1
$0.00
$0.00
A.02
DRILL AND DRIVE 30" CASING
LIN FT
150
$0.00
$0.00
A.03
FURNISH AND INSTALL 24" CASING
LIN FT
150
$0.00
$0.00
A.04
DRILL AND DRIVE 24" CASING
LIN FT
170
$0.00
$0.00
A.05
FURNISH AND INSTALL 18" CASING
LIN FT
320
$0.00
$0.00
A.O6
DRILL AND DRIVE 18" CASING
LIN FT
80
$0.00
$0.00
A.07
FURNISH AND INSTALL 18" SCREEN
LIN FT
80
$0.00
$0.00
A.08
GROUT ANNULAR SPACES
CU YD
30
$0.00
$0.00
A.09
FURNISH, INSTALL AND REMOVE DEVELOPMENT
EQUIPMENT
LUMP SUM
1
$0.00
$0.00
A.10
WELL DEVELOPMENT
HOURS
80
$0.00
$0.00
A.11
FURNISH, INSTALL AND REMOVE TEST PUMPING
EQUIPMENT
LUMP SUM
1
$0.00
$0.00
A.12
TEST PUMPING
HOURS
48
$0.00
$0.00
A.13
WATER ANALYSIS
LUMP SUM
1
$0.00
$0.00
A.14
SAND TESTING
EACH
5
$0.00
$0.00
Page 1 of 10
WSB
eK .9ssne•iene-a, !rx •.
BID TABULATION DETAIL
Project Name: Municipal Production Well No. 8 Project No. 2712-01
Client: City of Medina, MN
Bids Received: Monday, July 13, 2015
DENOTES CORRECTED FIGURE
I hereby certify that this is an exact reproduction of
bids received.
Thomas A. Roushar, PE,
Engineer: Senior Project Manager
Bidder No. 1
Mark J. Traut Wells, Inc.
Bidder No. 2
Keys Well Drilling Co.
SCHEDULE A: CABLE TOOL WELL CONSTRUCTION
Item No.
Item
Units
Qty
Unit Price
Total
Unit Price
Total
A.15
VIDEO SURVEY
LUMP SUM
1
$0.00
$0.00
A.16
GEOPHYSICAL LOG
LUMP SUM
1
$0.00
$0.00
A.17
PLUMBNESS AND ALIGNMENT
LUMP SUM
1
$0.00
$0.001
A.18
SILT FENCE
LIN FT
300
$0.00
$0.00
A.19
SOUND BARRIER
SQ FT
480
$0.00
$0.00
TOTAL SCHEDULE A: CABLE TOOL WELL CONSTRUCTION
$0.00
$0.00
ADD
OR $
DEDUCT
PER LINEAR FOOT FOR FURNISHING AND INSTALLING 12"
SCREEN WITH FILTER PACK INSTEAD OF FURNISHING AND
INSTALLING 18" SCREEN.
SCHEDULE B: DUAL ROTARY WELL CONSTRUCTION
Item No.
Item
Units
Qty
Unit Price
Total
Unit Price
Total
B.01
MOBILIZATION AND DEMOBILIZATION
LUMP SUM
1
$15,525.00
$15,525.00
$42,000.00
$42,000.00
B.02
DRILL AND INSTALL 24" CASING
LIN FT
320
$165.00
$52,800.00
$220.00
$70,400.00
B.03
FURNISH AND INSTALL 18" CASING
LIN FT
32Q
$90.00
$28,800.00
$90.00
$28,800.00
B.04
DRILL AND INSTALL 18" CASING
LIN FT
80
$145.00
$11,600.00
$180.00
$14,400.00
B.05
FURNISH AND INSTALL 18" SCREEN
LIN FT
80
$300.00
$24,000.00
$330.00
$26,400.00
B.06
GROUT ANNULAR SPACE
CU YD
20
$525.00
$10,500.00
$650.00
$13,000.00
B 07
FURNISH, INSTALL AND REMOVE DEVELOPMENT
EQUIPMENT
LUMP SUM
1
$4,500.00
$4,500.00
$10,000.00
$10,000.00
Page 2 of 10
WSB
eK .9ssne•iene-a, !rx •.
BID TABULATION DETAIL
Project Name: Municipal Production Well No. 8 Project No. 2712-01
Client: City of Medina, MN
Bids Received: Monday, July 13, 2015
DENOTES CORRECTED FIGURE
I hereby certify that this is an exact reproduction of
bids received.
Thomas A. Roushar, PE,
Engineer: Senior Project Manager
Bidder No. 1
Mark J. Traut Wells, Inc.
Bidder No. 2
Keys Well Drilling Co.
SCHEDULE A: CABLE TOOL WELL CONSTRUCTION
Item No.
Item
Units
Qty
Unit Price
Total
Unit Price
Total
B.08
WELL DEVELOPMENT
HOURS
80
$325.00
$26,000.00
$300.00
$24,000.00
B 09
FURNISH, INSTALL AND REMOVE TEST PUMPING
EQUIPMENT
LUMP SUM
1
$5,250.00
$5,250.00
$12,000.00
$12,000.00
B.10
TEST PUMPING
HOURS
48
$125.00
$6,000.00
$190.00
$9,120.00
B.11
WATER ANALYSIS
LUMP SUM
1
$3,975.00
$3,975.00
$4,850.00
$4,850.00
Page 3 of 10
WSB
eK .9ssne•iene-a, !rx •.
BID TABULATION DETAIL
Project Name: Municipal Production Well No. 8 Project No. 2712-01
Client: City of Medina, MN
Bids Received: Monday, July 13, 2015
DENOTES CORRECTED FIGURE
I hereby certify that this is an exact reproduction of
bids received.
Thomas A. Roushar, PE,
Engineer: Senior Project Manager
Bidder No. 1
Mark J. Traut Wells, Inc.
Bidder No. 2
Keys Well Drilling Co.
SCHEDULE A: CABLE TOOL WELL CONSTRUCTION
Item No.
Item
Units
Qty
Unit Price
Total
Unit Price
Total
B.12
SAND TESTING
EACH
5
$75.00
$375.00
$60.00
$300.00
B.13
VIDEO SURVEY
LUMP SUM
1
$1,200.00
$1,200.00
$2,000.00
$2,000.00
B.14
GEOPHYSICAL LOG
LUMP SUM
1
$1,200.00
$1,200.00
$1,200.00
$1,200.00
B.15
PLUMBNESS AND ALIGNMENT
LUMP SUM
1
$485.00
$485.00
$1,000.00
$1,000.00
B.16
SILT FENCE
LIN FT
300
$5.00
$1,500.00
$10.00
$3,000.00
B.17
SOUND BARRIER
SQ FT
480
$3.00
$1,440.00
$12.00
$5,760.00
TOTAL SCHEDULE B: DUAL ROTARY WELL CONSTRUCTION
$195,150.00
$268,230.00
ADD
OR $
DEDUCT
PER LINEAR FOOT FOR FURNISHING AND INSTALLING 12"
SCREEN WITH FILTER PACK INSTEAD OF FURNISHING AND
INSTALLING 18" SCREEN.
NOTES:
1) BIDDERS MAY BID SCHEDULE A OR SCHEDULE B.
2) LOWEST TOTAL AMOUNT BID FOR EITHER SCHEDULE A OR SCHEDULE B WILL DETERMINE THE LOWEST BID.
SUBTOTAL SCHEDULE A: CABLE TOOL WELL CONSTRUCTION
$0.00
$0.00
ADD OR DEDUCT
$0.00
$0.00
TOTAL SCHEDULE A: CABLE TOOL WELL CONSTRUCTION
$0.00
$0.00
SUBTOTAL SCHEDULE B: DUAL ROTARY WELL CONSTRUCTION
$195,150.00
$268,230.00
ADD OR DEDUCT
$0.00
($2,400.00)
TOTAL SCHEDULE B: DUAL ROTARY WELL CONSTRUCTION
$195,150.00
$265,830.00
Page 4 of 10
Page 5 of 10
SCHEDULE A: CABLE TOOL WELL CONSTRUCTION
Item No.
Item
Units
Qty
Unit Price
Total
A.01
MOBILIZATION AND DEMOBILIZATION
LUMP SUM
1
$
$
A.02
DRILL AND DRIVE 30" CASING
LIN FT
150
$
$
A.03
FURNISH AND INSTALL 24" CASING
LIN FT
150
$
$
A.04
DRILL AND DRIVE 24" CASING
LIN FT
170
$
A.05
FURNISH AND INSTALL 18" CASING
LIN FT
320
$
$
A.06
DRILL AND DRIVE 18" CASING
LIN FT
80
$
$
A.07
FURNISH AND INSTALL 18" SCREEN
LIN FT
80
$
$
A.08
GROUT ANNULAR SPACES
CU YD
30
$
$
A.09
FURNISH, INSTALL AND REMOVE
DEVELOPMENT EQUIPMENT
LUMP SUM
1
$
$
A.10
WELL DEVELOPMENT
HOURS
80
$
$
A.11
A.12
A.13
FURNISH, INSTALL AND REMOVE TEST
PUMPING EQUIPMENT
LUMP SUM
1
$
TEST PUMPING
HOURS
48
$
$
WATER ANALYSIS
LUMP SUM
1
$
$
A.14
SAND TESTING
EACH
5
$
$
A.15
VIDEO SURVEY
LUMP SUM
1
$
A.16
GEOPHYSICAL LOG
LUMP SUM
1
$
A.17
PLUMBNESS AND ALIGNMENT
LUMP SUM
1
$
$
A.18
SILT FENCE
LIN FT
300
$
$
A.19
SOUND BARRIER
SQ FT
480
$
TOTAL SCHEDULE A: CABLE TOOL WELL CONSTRUCTION
$
ADD
OR $
DEDUCT
PER LINEAR FOOT FOR FURNISHING AND INSTALLING 12" SCREEN WITH
FILTER PACK INSTEAD OF FURNISHING AND INSTALLING 18" SCREEN.
SCHEDULE B: DUAL ROTARY WELL CONSTRUCTION
Item No. Item
Units Qty
Unit Price
Total
B.01
MOBILIZATION AND DEMOBILIZATION
LUMP SUM
1
$
$
B.02
DRILL AND INSTALL 24" CASING
LIN FT
320
$
$
B.03
FURNISH AND INSTALL 18" CASING
LIN FT
320
$
$
B.04
DRILL AND INSTALL 18" CASING
LIN FT
80
$
$
B.05
FURNISH AND INSTALL 18" SCREEN
LIN FT
80
$
$
B.06
GROUT ANNULAR SPACE
CU YD
20
$
$
B 07
FURNISH, INSTALL AND REMOVE
DEVELOPMENT EQUIPMENT
LUMP SUM
1
$
$
B.08
WELL DEVELOPMENT
HOURS
80
$
$
B 09
FURNISH, INSTALL AND REMOVE TEST
PUMPING EQUIPMENT
LUMP SUM
1
$
B.10
TEST PUMPING
HOURS
48
$
$
B.11
WATER ANALYSIS
LUMP SUM
1
$
$
B.12
SAND TESTING
EACH
5
$
$
B.13
VIDEO SURVEY
LUMP SUM
1
$
$
B.14
GEOPHYSICAL LOG
LUMP SUM
1
$
$
B.15
PLUMBNESS AND ALIGNMENT
LUMP SUM
1
$
B.16
SILT FENCE
LIN FT
300
$
$
B.17
SOUND BARRIER
SQ FT
480
$
$
TOTAL SCHEDULE B: DUAL ROTARY WELL CONSTRUCTION
$
ADD
OR $
DEDUCT
PER LINEAR FOOT FOR FURNISHING AND INSTALLING 12" SCREEN WITH
FILTER PACK INSTEAD OF FURNISHING AND INSTALLING 18" SCREEN.
NOTES:
1) BIDDERS MAY BID SCHEDULE A OR SCHEDULE B.
2) LOWEST TOTAL AMOUNT BID FOR EITHER SCHEDULE A OR SCHEDULE B WILL DETERMINE THE LOWEST BID.
Pioneer -Sarah Creek Watershed Management Commission
2016 Budget
I 2014 I 2015 I 2016
Expenses:
OPERATING EXPENSES
Actual
Approved Approved
Budget Budget
Engineering/consulting $12,308
$22,500 $23,000
Administrative expense 35,062
47,000 41,000
Administrative -project reviews 591
700 1,000
WCA- administrative /legal expenses 191
400 500
Administrative -tech support 58
1,000 750
Legal expense 392
500 500
Audit expense 4,000
4,000 4,040
Insurance 2,751
3,300 3,370
PROGRAM DELIVERABLES AND EDUCATION
Administrative -general programs
Technical Advisory Committee
1,000 500
3,000 3,060
Lake monitoring - contracted 3,400
3,600 4,430
Lake monitoring - CAMP 550
560 1,120
Stream monitoring - routine 3,900
Stream monitoring -other
Management Plan Amendment
7,000 7,400
1,500
1,000 0
Education program 1,589
Education -events
Grant writing
Invertebrate monitoring
Website
WRAPP
Manure Mgmt - TRPD
Capital Improvement Plan
Third Gen Plan
MISCELLANEOUS
6,000 6,120
500 500
1,000 1,020
1,500
3,000 1,500
1,804
2,200 2,240
15631
145
20445
Contingency - Other
1,647
0
Contribution to Next Gen Plan
0
Subw Assessments/CIP Cost Share
9,543
20,000
.
28,000
TOTAL OPERATING EXPENSE
$115,507
$128,260
$131,550
Revenues:
Member Dues (max 2% increase)
$126,000
$126,720
$131,090
Project Review Fees
6,350
1,000
1,000
WCA Administrative Fees
650
500
500
WRAPP Grant / Reimbursed Expenses
24,313
•
Interest & Dividends
23
20
20
(To) from Reserve
TOTAL OPERATING REVENUE
$157,336
$128,240
$132,610
2:\Pioneer-SarahCreek\Financials\Financials 2016\2016 Approved Budget.xlsx
Pioneer -Sarah Creek Watershed Management Commission
Approved 2016 Member Assessments
1
2014 Approved
2013 Market Value
PSC Basin
Increase in MV
over Prey Year
2014 Total Assessment
Increase over Prey Year
%age
Amount
%age
Amount
Greenfield
365,010,854
-4.25%
29.52%
37,195.20
9.31%
3,167.86
Independence
477,361,467
-1.37%
38.61 %
48,648.60
12.61 %
5,447.64
Loretto
46,244,015
-9.42%
3.74%
4,712.40
3.41 %
155.40
Maple Plain
91,010,859
-12.49%
7.36%
9,273.60
-0.10%
$ (9.62)
Medina
132,129,100
-6.58%
10.69%
13,469.40
6.69%
845.16
Minnetrista
124,675,269
-7.51 %
10.08%
12,700.80
5.56%
668.56
TOTALS
1,236,431,564
-4.63%
100.00%
126,000.00
8.88%
10,275.00
■
f
2014 Market Value
PSC Basin
Increase in MV
over Prey Year
2015 Op Budget
Increase over Prey Year
2015 Approved
%age
Amount
%age
Amount
Greenfield
350,761,259
-3.90% 28.05%
35,550.86
-4.42%
(1,644.34)
Independence
480,214,274
0.60% 38.40%
48,671.37
0.05%
22.77
Loretto
48,868,030
5.67% 3.91 %
4,952.94
5.10%
240.54
Maple Plain
97,240,148
6.84% 7.78%
9,855.62
6.28%
582.02
Medina
149,430,452
13.09% 11.95%
15,145.29
12.44%
1,675.89
Minnetrista
124,158,610
-0.41% 9.93%
12,583.90
-0.92%
(116.90)
TOTALS
1,250,672,773
1.15% 100.00%
126,720.00
0.57%
759.98
2015 Market Value
PSC Basin
Increase in MV
over Prey Year
2016 Op Budget
Increase over Prey Year
2016 Approved
%age
Amount
%age
Amount
Greenfield
375,321,814
7.00%
28.60%
37,487.31
5.45%
1,936.45
Independence
505,056,579
5.17%
38.48%
50,445.28
3.64%
1,773.91
Loretto
51,330,890
5.04%
3.91 %
5,126.95
3.51 %
174.01
Maple Plain
98,027,603
0.81 %
7.47%
9,791.04
-0.66%
(64.58)
Medina
148,264,028
-0.78%
11.30%
14,808.68
-2.22%
(336.61)
Minnetrista
134,468,208
8.30%
10.25%
13,430.74
6.73%
846.84
TOTALS
1,312,469,122
4.94%
100.00%
131,090.00
3.45%
4,370.00
Z:\Pioneer-SarahCreek\Financials\Financials 2016\2016 PSC Member Assessments_Approved.xls]2016
Agenda Item # 5C
TREE TRIMMING AND BRUSH GRINDING SERVICES AGREEMENT
This Agreement is made this 21st day of July 2015, by and between Burnham Tree Experts,
P.O. Box 1677, Monticello, MN 55362, 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 tree trimming and brush
grinding services; and
2. The City has approved the contract for tree trimming and brush grinding 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 tree trimming and brush grinding
services for the City. "Tree Trimming and Brush Grinding Services" will consist of a two or three-
man crew and all equipment required for trimming trees throughout the City, as well as grinding of
the City brush pile, with areas specified by the Public Works Director.
2.0. TERM. The term and prices of this contract shall remain in effect from July 2015 until
November 2016, or until such later date as may be mutually agreed upon.
3.0. COMPENSATION. The City shall compensate the Contractor at a rate of $205.00/hour for a
two -man crew and $280.00/hour for a three-man crew, which includes all equipment needed to
perform tree trimming services. Brush grinding is done at no cost to the City, with the wood chip
mulch used as compensation.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or
subcontractor who may perform services for the Contractor in connection with this
Agreement is also not an employee of the City. The Contractor understands that the City
will not provide any benefits of any type in connection with this Agreement, including but
not limited to health or medical insurance, worker's compensation insurance and
unemployment insurance, nor will the City withhold any state or federal taxes, including
income or payroll taxes, which may be payable by the Contractor.
4.02 The Contractor will supply and use its own equipment and tools to complete
the services under this Agreement. If it is determined by the Public Works Director that
additional traffic control is needed, it will be provided by the City.
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.
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 may be asked to provide a
Payment and Performance Bond to the City at no additional cost to the City.
9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement
will, in all respects, be controlled and governed by the laws of Minnesota.
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.
2
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, City Administrator -Clerk
BURNHAM TREE EXPERTS
(CONTRACTOR)
By
3
Burnham Companies
P.O. Box 1677
Monticello, MN 55362-1677
Name / Address
City of Medina
2052 County Rd
Accounts Payable
Medina, MN 55340
Estimate
Date
Estimate #
7/14/2015
404
Description
Qty
U/M
Rate
Total
Bucket truck and clipper with operator - $130.00 / hr
Laborers with hand tools, chip truck, bobcat, stump grinder,
grapple, etc. - $75.00 / hr per man
Example: 2 man crew with equipment - $205.00 / hr
Example: 3 man crew with equipment - $280.00 / hr
0.00
0.00
0.00
0.00
Phone #
Fax #
E-mail
Total
$0.00
763 295-2082
763 295-3504
info@burnham-companies.com
Jodi Gallup
From: James C Kujawa <James.Kujawa@hennepin.us>
Sent: Thursday, July 09, 2015 2:36 PM
To: Scott Johnson
Cc: Randy J Anhorn
Subject: Ardmore Stormwater Retrofit Assessment contract with Hennepin County
Attachments: 2015 Medina Agreement Final.pdf
Hi Scott,
Here is the Ardmore stormwater assessment contract for your signatures. Please provide two (2) original, signed copies
back to me for the final county signatures. We will send one original fully executed contract back to you when that
process is completed.
Please note, The total project estimate is $9,334. The state grant amount is $7,000.00, or 75% of the project costs. We
will be retaining $4,000.00 for our project work and provide the remaining $3,000.00 to you. Because this is a cost
sharing grant, to receive the full grant funding of $7,000 ( $4,000 retained by us and $3,000 sent to you) you will have to
provide a match of not less than $2,334. You will be responsible for providing and documenting the total project costs.
If you have any questions, please don't hesitate to contact me.
Thank you
James C. Kujawa
Hennepin County Public Works
Department of Environment and Energy
701 Fourth Avenue South, Suite 700
Minneapolis, MN 55415
Direct Phone: 612-348-7338
Email: james.kujawa@co.hennepin.mn.us
Disclaimer: Information in this message or an attachment may be government data and thereby subject to the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney -client or
work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the
unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited.
If you are not the intended recipient of this message, please immediately notify the sender of the transmission
error and then promptly delete this message from your computer system.
i
Contract No: A153567
COOPERATIVE AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300
Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin
County Department of Environment and Energy, and the City of Medina, 2052 County Road
24, Medina, Minnesota 55340 ("COOPERATOR").
The parties agree as follows:
1. TERM AND COST OF THE AGREEMENT
COUNTY shall provide to COOPERATOR a sum not to exceed three thousand dollars
($3,000.00) which funds shall be only for expenses incurred in performing activities
specified in the Section 2 and as more fully described in Exhibit A to this agreement or as
approved by COUNTY. Approved activities as described in Section 2 and in in Exhibit
A, are referred to as the "Assessment". Administrative costs incurred by
COOPERATOR are not eligible for reimbursement. This agreement commences July 1,
2015 and expires June 30, 2016, unless cancelled or terminated earlier in accordance with
the Default and Cancellation/Termination provisions of this Agreement. Assessment
expenses incurred prior to the commencement or incurred after the expiration of this
agreement are not eligible for reimbursement.
2. SERVICES TO BE PROVIDED
COOPERATOR and COUNTY shall conduct a Subwatershed Retrofit Assessment for
the Ardmore Lake Subwatershed. COOPERATOR is responsible for the completing the
Assessment in the urbanized area of the subwatershed (Exhibit B). COUNTY is
responsible for completing an Assessment of the non -urbanized, rural area of the
Subwatershed (Exhibit C). The Assessment will identify sites in the subwatershed for
future implementation of best management practices (BMPs), which will reduce
phosphorus loads to Lake Independence and improve water quality. The services and
deliverables related to completing the Assessment are more fully described in Exhibit A.
3. ACCOUNTING AND RECORD KEEPING
For all expenditures of funds made pursuant to this Agreement, COOPERATOR shall
keep financial records including properly executed contracts, invoices, and other
documents sufficient to evidence in proper detail the nature and propriety of the
expenditures. Accounting methods shall be in accordance with generally accepted
accounting principles. COUNTY, the State Auditor, or any of their duly authorized
representatives at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any books, documents, papers, records, etc., which are pertinent to the
Form 101 (Revised 9/2014)
accounting practices and procedures of COOPERATOR and involve transactions relating
to this Agreement.
4. PAYMENT FOR SERVICES
Payment for services shall be made directly to the COOPERATOR after completion of
the services and upon the presentation of a claim as provided by law governing
COUNTY's payment of claims and/or invoices. The COOPERATOR shall submit a
request for payment accompanied by supporting invoices for services rendered on forms
which may be furnished by COUNTY. Payment shall be made within Forty -Five (45)
days from receipt of the claim.
5. PROFESSIONAL CREDENTIALS
INTENTIONALLY OMITTED
6. INDEPENDENT CONTRACTOR
COOPERATOR shall select the means, method, and manner of performing the services.
Nothing is intended nor should be construed as creating or establishing the relationship of
a partnership or a joint venture between the parties or as constituting COOPERATOR as
the agent, representative, or employee of COUNTY for any purpose. The
COOPERATOR is and shall remain an independent contractor for all services performed
under this Agreement. COOPERATOR shall secure at its own expense all personnel
required in performing services under this Agreement. COOPERATOR's personnel
and/or subcontractors engaged to perform any work or services required by this
Agreement will have no contractual relationship with COUNTY and will not be
considered employees of COUNTY. COUNTY shall not be responsible for any claims
that arise out of employment or alleged employment under the Minnesota Unemployment
Insurance Law or Minnesota Statutes, chapter 176 (which may be referred to as the
"Workers' Compensation Act"), on behalf of any personnel, including, without
limitation, claims of discrimination against COOPERATOR, its officers, agents,
contractors, or employees. Such personnel or other persons shall neither accrue nor be
entitled to any compensation, rights, or benefits of any kind from COUNTY, including,
without limitation, tenure rights, medical and hospital care, sick and vacation leave,
workers' compensation, unemployment compensation, disability, severance pay, and
retirement benefits.
7. INDEMNIFICATION
COOPERATOR shall defend, indemnify, and hold harmless COUNTY, its present and
former officials, officers, agents, volunteers and employees from any liability, claims,
causes of action, judgments, damages, losses, costs, or expenses, including reasonable
attorney's fees, resulting directly or indirectly from any act or omission of
COOPERATOR, a subcontractor, anyone directly or indirectly employed by them, and/or
anyone for whose acts and/or omissions they may be liable in the performance of the
Form 101 (Revised 9/2014)
2
services required by this Agreement, and against all loss by reason of the failure of
COOPERATOR to perform any obligation under this Agreement. For clarification and
not limitation, this obligation to defend, indemnify and hold harmless includes but is not
limited to any liability, claims or actions resulting directly or indirectly from alleged
infringement of any copyright or any property right of another, the employment or
alleged employment of COOPERATOR personnel, the unlawful disclosure and/or use of
protected data, or other noncompliance with the requirements of the Data provisions set
forth in Section 10 below.
8. INSURANCE
INTENTIONALLY OMITTED
9. DUTY TO NOTIFY
COOPERATOR shall promptly notify COUNTY of any claim, action, cause of
action or litigation brought against COOPERATOR, its employees, officers, agents or
subcontractors, which arises out of the services contained in this Agreement.
COOPERATOR shall also notify COUNTY whenever COOPERATOR has a reasonable
basis for believing that COOPERATOR and/or its employees, officers, agents
or subcontractors, and/or COUNTY, might become the subject of a claim, action,
cause of action, criminal arrest, criminal charge or litigation arising out of and/or related
to the services contained in this Agreement.
10. DATA
COOPERATOR, its officers, agents, owners, partners, employees, volunteers and
subcontractors shall abide by the provisions of the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal
laws, rules, regulations and orders relating to data privacy or confidentiality, which may
include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For
clarification and not limitation, COUNTY hereby notifies COOPERATOR that the
requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement.
COOPERATOR shall promptly notify COUNTY if COOPERATOR becomes aware of
any potential claims, or facts giving rise to such claims, under the MGDPA.
Classification of data as trade secret data will be determined pursuant to applicable law
and, accordingly, merely labeling data as "trade secret" does not necessarily make it
protected as such under any applicable law.
11. RECORDS — AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the
State Auditor, or any of their authorized representatives, at any time during normal
business hours, and as often as they may reasonably deem necessary, shall have access to
and the right to examine, audit, excerpt, and transcribe any books, documents, papers,
Form 101 (Revised 9/2014)
3
records, etc., which are pertinent to the accounting practices and procedures of
COOPERATOR and involve transactions relating to this Agreement. COOPERATOR
shall maintain these materials and allow access during the period of this Agreement and
for six (6) years after its expiration, cancellation or termination.
12. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. COOPERATOR binds itself, its partners, successors, assigns and legal
representatives to COUNTY for all covenants, agreements and obligations
contained in the contract documents.
B. COOPERATOR shall not assign, transfer or pledge this Agreement and/or the
services to be performed, whether in whole or in part, nor assign any monies due
or to become due to it without the prior written consent of COUNTY. A consent
to assign shall be subject to such conditions and provisions as COUNTY may
deem necessary, accomplished by execution of a form prepared by COUNTY and
signed by COOPERATOR, the assignee and COUNTY. Permission to assign,
however, shall under no circumstances relieve COOPERATOR of its liabilities
and obligations under the Agreement.
13. MERGER AND MODIFICATION
A. The entire Agreement between the parties is contained herein and supersedes all
oral agreements and negotiations between the parties relating to the subject
matter. All items that are referenced or that are attached are incorporated and
made a part of this Agreement. If there is any conflict between the terms of this
Agreement and referenced or attached items, the terms of this Agreement shall
prevail.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties. Except as expressly
provided, the substantive legal terms contained in this Agreement including but
not limited to Indemnification, Insurance, Merger and Modification, Default and
Cancellation/Termination or Minnesota Law Governs may not be altered, varied,
modified or waived by any change order, implementation plan, scope of work,
development specification or other development process or document.
14. DEFAULT AND CANCELLATION/TERMINATION
A. If COOPERATOR fails to perform any of the provisions of this Agreement or so
fails to administer the work as to endanger the performance of the Agreement, it
shall be in default. Unless COOPERATOR's default is excused in writing by
COUNTY, COUNTY may upon written notice immediately cancel or terminate
this Agreement in its entirety. Additionally, failure to comply with the terms of
this Agreement shall be just cause for COUNTY to delay payment until
Form 101 (Revised 9/2014)
4
COOPERATOR's compliance. In the event of a decision to withhold payment,
COUNTY shall furnish prior written notice to COOPERATOR.
B. Upon cancellation or termination of this Agreement:
1. At the discretion of COUNTY and as specified in writing by the Contract
Administrator, COOPERATOR shall deliver to the Contract Administrator
copies of all writings so specified by COUNTY and prepared by
COOPERATOR in accordance with this Agreement. The term "writings"
is defined as any of the following that was created by COOPERATOR
pursuant to this Agreement:
Handwriting, typewriting, printing, photocopying, photographing,
facsimile transmitting, and every other means of recording any
form of communication or representation, including electronic
media, email, letters, works, pictures, drawings, sounds, or
symbols, or combinations thereof.
2. COUNTY shall have full ownership and control of all such writings.
COOPERATOR shall have the right to retain copies of the writings.
However, COOPERATOR shall not, without the prior written consent of
COUNTY, use these writings for any purpose or in any manner
whatsoever; shall not assign, license, loan, sell, copyright, patent and/or
transfer any or all of such writings; and shall not do anything which in the
opinion of COUNTY would affect COUNTY's ownership and/or control
of such writings.
C. Notwithstanding any provision of this Agreement to the contrary,
COOPERATOR shall remain liable to COUNTY for damages sustained by
COUNTY by virtue of any breach of this Agreement by COOPERATOR. Upon
notice to COOPERATOR of the claimed breach and the amount of the claimed
damage, COUNTY may withhold any payments to COOPERATOR for the
purpose of set-off until such time as the exact amount of damages due COUNTY
from COOPERATOR is determined. Following notice from COUNTY of the
claimed breach and damage, COOPERATOR and COUNTY shall attempt to
resolve the dispute in good faith.
D. The above remedies shall be in addition to any other right or remedy available to
COUNTY under this Agreement, law, statute, rule, and/or equity.
E. COUNTY's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
Form 101 (Revised 9/2014)
5
F. This Agreement may be canceled/terminated with or without cause by either party
upon thirty (30) day written notice.
H. Upon written notice, COUNTY may immediately suspend or cancel/terminate this
Agreement in the event any of the following occur: (i) COUNTY does not obtain
anticipated funding from an outside source for this project; (ii) funding for this
project from an outside source is withdrawn, frozen, shut -down, is otherwise
made unavailable or COUNTY loses the outside funding for any other reason; or
(iii) COUNTY determines, in its sole discretion, that funding is, or has become,
insufficient. COUNTY is not obligated to pay for any services that are provided
after the notice and effective date of the suspension or cancellation/termination.
In the event COUNTY suspends, cancels or terminates this Agreement pursuant
to this paragraph, COUNTY shall pay any amount due and payable prior to the
notice of suspension or cancellation/termination except that COUNTY shall not
be obligated to pay any amount as or for penalties, early termination fees, charges,
time and materials for services not then performed, costs, expenses or profits on
work done.
15. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement do survive such term, cancellation or termination. Such
provisions include but are not limited to: SERVICES TO BE PROVIDED (as to
ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION;
INSURANCE; DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS;
DEFAULT AND CANCELLATION/TERMINATION; PROMOTIONAL
LITERATURE; and MINNESOTA LAW GOVERNS.
16. CONTRACT ADMINISTRATION
In order to coordinate the services of COOPERATOR with the activities of the
Department of Environment and Energy so as to accomplish the purposes of this
Agreement, Randy Anhorn, or successor ("Contract Administrator"), shall manage this
Agreement on behalf of COUNTY and serve as liaison between COUNTY and
COOPERATOR.
17. COMPLIANCE AND NON -DEBARMENT CERTIFICATION
A. COOPERATOR shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances currently in force or later enacted.
B. COOPERATOR acknowledges that the source of funds for payment of services
under this Agreement is state grant monies for stormwater assessment. The total
state grant amount is seven thousand dollars ($7,000.00). COUNTY is retaining
four thousand dollars ($4,000.00) and providing three thousand dollars
($3,000.00) to COOPERATOR. COOPERATOR is responsible for providing and
Form 101 (Revised 9/2014)
6
documenting the required match funds NOT LESS THAN two thousand three
hundred thirty-four dollars ($2,334). COOPERATOR shall comply with all
applicable conditions of the attached grant (Exhibit D)
18. PAPER RECYCLING
COUNTY encourages COOPERATOR to develop and implement an office paper and
newsprint recycling program.
19. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given
or made by a party under this Agreement or any statute or ordinance shall be in writing,
and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the
County Administrator with a copy to the originating COUNTY department at the address
given in the opening paragraph of this Agreement. Notice to COOPERATOR shall be
sent to the address stated in the opening paragraph of this Agreement.
20. CONFLICT OF INTEREST
CONTRACTOR affirms that to the best of CONTRACTOR's knowledge,
CONTRACTOR'S involvement in this Agreement does not result in a conflict of interest
with any party or entity which may be affected by the terms of this Agreement. Should
any conflict or potential conflict of interest become known to CONTRACTOR,
CONTRACTOR shall immediately notify COUNTY of the conflict or potential conflict,
specifying the part of this Agreement giving rise to the conflict or potential conflict, and
advise COUNTY whether CONTRACTOR will or will not resign from the other
engagement or representation.
22. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, state of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the state of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
Form 101 (Revised 9/2014)
7
COUNTY OF HENNEPIN AUTHORIZATION
COUNTY OF HENNEPIN
STATE OF MINNESOTA
Reviewed by the County Attorney's
Office
By:
Assistant County Attorney Environment and Energy Department
Date:
COOPERATOR,
The Contractor certifies that the person who
executed this agreement is authorized to do so on
behalf of the Contractor as required by applicable
articles, bylaws, resolutions or ordinances.*
Printed Name:
Signed:
Title:
Date:
*Contractor shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the
signatory's delegation of authority. This documentation shall be submitted at the time Contractor returns the
Agreement to the County. Documentation is not required for a sole proprietorship.
Form 101 (Revised 9/2014)
8
EXHIBIT A
COOPERATOR agrees to conduct and complete a Stormwater Retrofit Assessment in the
urbanized area (113 acres) of the Ardmore Subwatershed (Exhibit B) and provide the following
deliverables.
1. Modeling and Scoping Services
a. COOPERATOR will use the P8 Urban Catchment Model, or an equivalent model
as approved by COUNTY.
b. Information necessary for operation of the model will be obtained through remote
sensing, an initial field review and follow up field reviews necessary to validate
model results. No surveying is proposed for this Assessment. Model results will
be used to identify flow volumes and potential project locations with anticipated
pollutant reductions.
2. Project Profiles
a. The intent of these profiles is to provide an understanding of each potential
retrofit or Best Management Practice (BMP). For each type of recommended
retrofit or BMP, conceptual sketches or photos will be provided. Profiles are not
site -specific designs. If a project is subsequently chosen for implementation, site -
specific designs will be required under a separate contract.
b. Each profile will be labeled with a unique ID.
3. Cost -Analysis and Project Ranking
a. COOPERATOR will provide a table summarizing basic catchment information
including:
i. Unique ID;
ii. Subcatchment size;
iii. Parcel ID;
iv. Estimated annual stormwater load;
v. Estimated pollutant load for total phosphorus and total suspended solids;
vi. Estimated reductions in stormwater and pollutant loads as a result of the
proposed retrofit or BMP; and
vii. Estimated treatment provided per cost of the retrofit or BMP including
installation and maintenance costs.
b. COOPERATOR will provide a prioritized list of retrofit and BMPs based on the
cost effectiveness of the retrofit or BMP.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
Exhibit A Continud
COUNTY agrees to conduct and complete a Stormwater Retrofit Assessment in the rural
agricultural area (472 acres) of the Ardmore Subwatershed (Exhibit C) and provide the following
deliverables.
1. Modeling and Scoping Services
a. COUNTY will use a combination of models appropriate to the site and field
conditions including but not limited to:
i. Stormwater Assessment Tool;
ii. HydroCad;
iii. National Urban Runoff Program Stormwater Model;
iv. Revised Universal Sol Loss Equation;
v. Source Loading and Management Model for Windows;
vi. Board of Water and Soil Resources Pollution Reduction Model; and
vii. Minnesota Feedlot Assessment runoff Model.
b. Information necessary for operation of the model will be obtained through remote
sensing, an initial field review and follow up field reviews necessary to validate
model results. No surveying is proposed for this Assessment. Model results will
be used to identify flow volumes and potential project locations with anticipated
pollutant reductions.
2. Project Profiles:
a. The intent of these profiles is to provide an understanding of each potential
retrofit or Best Management Practice (BMP). For each type of recommended
retrofit or BMP, conceptual sketches or photos will be provided. Profiles are not
site -specific designs. If a project is subsequently chosen for implementation, site -
specific designs will be required under a separate contract.
b. Each profile will be labeled with a unique ID.
3. Cost -Analysis and Project Ranking.
a. COUNTY will provide a table summarizing basic catchment information
including:
i. Unique ID;
ii. Subcatchment size;
iii. Parcel ID;
iv. Estimated annual stormwater load;
v. Estimated pollutant load for total phosphorus and total suspended solids;
vi. Estimated reductions in stormwater and pollutant loads as a result of the
proposed retrofit or BMP; and
Exhibit A Continued
vii. Estimated treatment provided per cost of the retrofit or BMP including
installation and maintenance costs.
b. COUNTY will provide a prioritized list of retrofit and BMPs based on the cost
effectiveness of the retrofit or BMP.
4. COUNTY will compile the deliverables provided by COOPERATOR and COUNTY into
a final report and provide a copy of the final report to the COOPERATOR.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
Exhibit B
Ardmore Subwatershed Assessment
Urban Area of Ardmore
Subwatershed Assessment
113 acres
January 2015
This map() is Lrnished'AS IS' with no representation as b completeness
oraccuracy. (v) is furnished with nowarrantyofanylund: and (iii) is not
suitable kw legal. engineering or surveyng purposes. Hennepin County
shall not be liable for anyd wage. injury°, loss resulting from this map.
Hennepin County Public Works
Exhibit C
Ardmore Subwatershed Assessment
Rural Area of Ardmore
Subwatershed Assessment
472 acres
January 2015
This map() is fir nished'AS IS" wife no representation as c completeness
or accuracy. (u) is furnished with no warranty ofanykind: and (ifi) is not
suitable kw legal. engineering or surveyng purposes. Hennepin County
shall not be liable for anyd&rage. injury°, loss resulting from this map.
Hennepin County Public Works
Exhibit D
FY14 MCD Subwatershed Analysis (SWA) Program Application
Submit completed form to WCD, Host District
A. Requesting District and Contact
District Name
Project Contact
Contact Phone
Contact Email
Hennepin County
Randy Anhorn
(612) 348-2027
randy.anhorn@hennepin,us
B. Project Information (attach location map)
Project Name
Ardmore Subwatershed Retrofit Analysis Project
Receiving Water(s)
Drainage Area (acres)
Target Pollutant(s)
Lake Independence
585 acres (113 urban,
472 rural)
Phosphorus and sediments
Project Type: ■ Protection Project (receiving
water not impaired) X Restoration Project (receiving water on 303D list)
Assessment Type: ■ Urban Subwatershed X Rural/Agricultural
Subwatershed
C. Prioritization Model
X P8 X WinSLAMM ❑ EBI X RUSLE X OTHER* (describe): SWAT and MinnFARM to name a few
*Other prioritization models must be approved by host district
D. Funding
Grant Request
Non -State Match Amount (2)
Match Sources (list)
Amount (1)
$4,000
City of Medina and Hennepin County
$7,000
1— Each member district may request up to $22,000.00 total for all applications during the current grant cycle.
2 — Non -state match must be at least 25% of total SWA analysis costs (metro -wide); attach additional sheets as needed.
E. Project Narrative
Describe receiving water(s), contributing Subwatershed area, local partnerships, potential funding for BMP implementation, previous related
studies, etc. Attach extra sheets as needed, and attach any site specific information that you think warrants special consideration. Provide specific
rationale why you think it should be considered):
See Attached
The Lake Independence TMDL determined that there is 96 pounds of phosphorus per year that enters the lake from the Ardmore watershed. An
estimated 10 — 20 more pounds of phosphorous enter the lake from the urbanized portion of the Direct Runoff watershed.
F. General Requirements
X Non -Point: MCD SWA funds will be used to address non -point source water quality problems.
X Technical Review: The subwatershed analysis project has been reviewed by the local SWCD technical district staff.
X Criteria: Member district will meet MCD SWA Minimum Criteria to complete the subwatershed analysis project.
X
X
Reporting: Member district will submit project status reports to Host by January 1 and July 1 of each year during the project and final
report as described in the MCD SWA Minimum Criteria.
Deadlines: Member districts are encouraged to submit applications by July 1, 2015 or indicated they will not use all of their allocated
funding. Member district will complete all SWA Final Reports by September 31, 2016.
It"
3�ti,-IS
Program Tracking — Host gtFiscal Agent Use Only
Application Approved
Final Report
eLINK Data
/f Host Agent
• Host Agent
❑ Host Agent
12 Fiscal Agent
• Fiscal Agent
■ Fiscal Agent
CITY OF MEDINA
ORDINANCE NO.583
AN ORDINANCE AMENDING THE MEDINA CLYDESDALE MARKETPLACE
PLANNED UNIT DEVELOPMENT DISTRICT FOR GODDARD SCHOOL
THE CITY COUNCIL OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS:
Section 1. The Medina Clydesdale Marketplace Planned Unit Development (PUD)
district established through Ordinance No. 384 and Resolution 2005-55 is hereby amended as
described in this ordinance.
Section 2. Planned Unit Development Amendment - General Plan.
A. A PUD General Plan of Development is hereby approved for construction for an
approximately 9,300 square foot early childhood education/daycare facility on
Lot 1, Block 2, Medina Clydesdale Marketplace, Hennepin County, Minnesota. The
General Plan of Development shall be as shown on the plans received by the City on
and as displayed on Exhibit A, except as modified within this
ordinance.
B. Noncombustible, commercial construction fiber cement siding with a stucco texture
shall be a permitted exterior building material on Lot 1, Block 2, Medina Clydesdale
Marketplace, Hennepin County, Minnesota.
C. Any standards not specifically addressed by this Ordinance, Ordinance No. 384, or
Resolution 2005-55 shall be subject to the requirements set forth by the City of
Medina Zoning Ordinance.
Section 3. This ordinance shall constitute an amendment of the Medina Clydesdale
Marketplace PUD as applied only to Lot 1, Block 2, Medina Clydesdale Marketplace, Hennepin
County, Minnesota and only to the extent explicitly noted herein. Except for the foregoing, all
terms and conditions of Ordinance No. 384 and Resolution 2005-55 shall remain applicable to
the extent that they have not previously been satisfied or amended. No other property within the
PUD shall be affected by this ordinance.
Section 4. A copy of this Ordinance and shall be kept on file at the Medina City Hall.
Section 5. This Ordinance shall be effective upon its passage and publication.
Ordinance No. 583 1
July 21, 2015
Adopted by the Medina City Council this 21st day of July, 2015.
CITY OF MEDINA
By:
Bob Mitchell, Mayor
Attest:
By:
Scott T. Johnson, City Administrator -Clerk
Published in the Crow River News on this day of. , 2015.
Ordinance No. 583 2
July 21, 2015
EXHIBIT A
GENERAL PLAN OF DEVELOPMENT
Ordinance No. 583 3
July 21, 2015
Agenda Item # 5G
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 the Medina Clydesdale Marketplace Planned Unit Development District for
Goddard School; 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 three pages in length and includes a map; 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 the Medina Clydesdale Marketplace Planned Unit Development (PUD) District. The
amendment permits construction of a 9,300 square foot early childhood education/daycare facility
on Lot 1, Block 2, Medina Clydesdale Marketplace and also amends permitted exterior building
materials for the same property.
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.
Resolution No. 2015-##
July 21, 2015
Dated: July 21, 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:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015-## 2
July 21, 2015
Agenda Item # 5H
Member
introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2015-##
RESOLUTION APPROVING SITE PLAN REVIEW
FOR CONSTRUCTION OF GODDARD SCHOOL AT 345 CLYESDALE TRAIL
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Clydesdale Market, LLC (the "Owner"), owns vacant property at 345
Clydesdale Trail (the "Property"), which is legally described in Exhibit A, attached hereto; and
WHEREAS, PJ Norman, LLC. (the "Applicant") desires to purchase the Property and
construct a 9,300 square foot building in which to operate a Goddard School; and
WHEREAS, the Applicant has requested approval of a site plan review for such
construction; and
WHEREAS, the Planning Commission reviewed the site plan on June 9, 2015 where
comment was received from interested parties following which the Commission recommended
approval of the site plan; and
WHEREAS, the City Council considered the recommendation of the Planning
Commission and reviewed the request at the July 7, 2015 meeting; and
WHEREAS, the City Council finds that, subject to the terms and conditions contained
herein, the proposed site plan is consistent with relevant City regulations.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves the Site Plan Review subject to the following terms and conditions:
1) This approval shall be contingent upon approval of an amendment to the Medina
Clydesdale Marketplace Planned Unit Development.
2) The Applicant shall construct the improvements as displayed on the plans received by the
City on 5/28/2015 and 6/29/2015, except as modified herein.
3) The Applicant shall enter into a development agreement in a form and of substance
acceptable to the City to ensure compliance with the conditions noted herein as well as
other relevant requirements of City ordinance and policy.
4) Exterior materials and colors shall complement those throughout Medina Clydesdale
Marketplace.
Resolution No. 2015-##
July 21, 2015
5) The southeast access drive shall be widened to allow for the potential of future two-way
traffic.
6) The Applicant shall identify the transformer location and provide screening details
acceptable to staff.
7) The Applicant shall meet the recommendations of the City Engineer, and shall update the
location of the relocated hydrant as specified by staff in order to meet spacing requirements
and serve fire safety purposes.
8) The Applicant shall obtain all necessary permits and approvals, including but not limited to
Elm Creek Watershed Management Organization, the Minnesota Department of Health, the
Pollution Control Agency, and other relevant agencies.
9) 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 and other relevant documents.
Dated: July 21, 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:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 20154# 2
July 21, 2015
EXHIBIT A
Legal Description of Property
Lot 1, Block 2, Medina Clydesdale Marketplace, Hennepin County, Minnesota
Resolution No. 20154# 3
July 21, 2015
Agenda Item # 5I
DRAFT
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
P J NORMAN, LLC
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 (RHB)
464652v2 RHB ME230-615
TABLE OF CONTENTS
PAGE
1. Right to Proceed 1
2. Plans; Improvements; PUD Amendment 2
3. Erosion Control 2
4. Site Grading 3
5. Construction of Improvements 3
6. Stormwater Improvements 4
7. Sanitary Sewer, Water Main and Hydrants 4
8. Landscaping 4
9. Parking and Site Access 5
10. Letter of Credit 5
11. Developer's Default 6
12. Responsibility for Costs; Escrow for Construction Inspection 6
13. City Utility Connection Fees; SAC Fee 6
14. Park Dedication Requirements 7
15. No Building Permits Approved; Certificate of Occupancy 7
16. Clean up and Dust Control; Haul Route 7
17. Compliance with Laws 7
18. Agreement Runs With the Land 7
19. Indemnification 7
20. Assignment 8
21. Notices 8
22. Severability 8
23. Non -waiver 8
24. Counterparts 9
SIGNATURES 9, 10
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B LIST OF PLAN DOCUMENTS
EXHIBIT C IMPROVEMENT COST ESTIMATE
464652v2 RHB ME230-615
This Development Agreement (the "Agreement") is made and entered into this day of
, 2015, by and between the city of Medina, a municipal corporation under the laws of
Minnesota (the "City"), and P J Norman, LLC, a Minnesota limited liability company (the
"Developer").
WITNES SETH:
WHEREAS, the Developer is the fee owner of land located at 345 Clydesdale Trail (the
"Property"), which land is legally described on Exhibit A attached hereto; and
WHEREAS, on September 20, 2005, the City granted approval for the Medina Clydesdale
Marketplace Planned Unit Development (the "PUD"), which includes the Property; and
WHEREAS, on July 21, 2015, the City granted approval of an amendment to the PUD and a
site plan (the "City Approvals") for a 9,300 square foot early childhood facility to be constructed on
the Property; and
WHEREAS, the City Approvals are contingent upon the Developer entering into a
development agreement satisfactory to the City.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the
parties agree as follows:
1. Right to Proceed. The Property will be used to construct an early childhood facility
on a lot in the Medina Clydesdale Marketplace PUD initially approved in 2005. This Agreement is
intended to regulate the development of the Property and the construction thereon of certain
Improvements (as hereinafter defined). The Developer may not construct the Improvements or any
building on the Property until all the following conditions precedent have been satisfied:
a) this Agreement has been executed by the Developer and the City;
b) the required Letter of Credit (as hereinafter defined) has been received by
the City from or on behalf of the Developer;
c) final engineering and construction plans regarding the Improvements have
been submitted by the Developer and approved by the City engineer;
d) the Developer has paid the City for all legal, engineering and
administrative expenses incurred by the City regarding the City Approvals
and has given the City the additional escrow required by section 12 of this
Agreement;
e) the Developer has received all required permits from the Minnesota
Department of Health, Elm Creek Watershed Management Organization,
the Minnesota Pollution Control Agency and all other entities having
jurisdiction;
f) the Developer or the Developer's engineer has initiated and attended a
preconstruction meeting with the City engineer and staff; and
g) the City has issued a notice that all conditions precedent have been
satisfied and that the Developer may proceed.
464652v2 RHB ME230-615 1
2. Plans; Improvements; PUD Amendment. a) The Developer agrees to develop the
Property in accordance with the approved City Approvals, as detailed in City resolution nos. 2015-
and 2015- , which resolutions are hereby incorporated into this Agreement, and to
construct the Improvements on the Property in accordance with the approved engineering and
construction plans (collectively, the "Plans"). The documents which constitute the Plans are those
on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans may
not be modified by the Developer without the prior written approval of the City.
b) In developing the Property in accordance with the Plans, the Developer shall make
or install at its sole expense the following Improvements:
l . water main/trail repair and hydrant relocation;
2. erosion control;
3. final site grading; and
4. landscaping.
c) All work performed by or on behalf of the Developer on or related to the Property
shall be restricted to the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday, and 8:00
a.m. through 5:00 p.m. on Saturday.
d) The City Approvals constitute an amendment of the Medina Clydesdale
Marketplace PUD as applied to the Property to the extent explicitly outlined in the City Approvals,
the Plans or this Agreement. Except for the foregoing, all terms and conditions of the PUD remain
applicable to the Property to the extent they have not previously been satisfied or amended.
3. Erosion Control. a) All construction on the Property shall be conducted in a
manner designed to control erosion and in compliance with all City ordinances and other
requirements, including the City's permit with the Minnesota Pollution Control Agency
regarding municipal separate storm sewer system program. Before any grading or excavation
occurs on the Property, an erosion control plan shall be implemented by the Developer as
approved by the City. The City may impose additional erosion control requirements after the
City's initial approval if the City deems necessary due to a change in conditions. All areas
disturbed by grading or excavation shall be reseeded promptly after the completion of the work
in that area unless construction of a building or other improvements is anticipated immediately
thereafter. Except as otherwise provided in the erosion control plan, seed shall provide a
temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and
disc anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion.
b) If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
reasonably appropriate to control erosion. The City will make a good faith effort to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's obligations or the City's rights hereunder.
464652v2 RHB ME230-615 2
c) The Developer agrees to reimburse all expenses incurred by the City in
connection with such actions. No grading, excavation or construction of the Improvements will
be allowed and no building permits will be issued for the Property unless the Developer is in full
compliance with the erosion control requirements. The erosion control measures specified in the
Plans or otherwise required on the Property shall be binding on the Developer, its successors and
assigns.
4. Site Grading. The Property was rough graded in 2005 at the time of platting and
initial development of the PUD. It will be necessary for the Developer to final grade the
Property in order to complete the Improvements and the building. All site grading must be done
in compliance with the Plans. The City may withhold issuance of a building permit until the
approved certified grading plan is on file with the City and all erosion control measures are in
place. The Developer shall provide the City with an "as constructed" grading plan and
certification by a registered land surveyor or engineer within 30 days of completion of the
grading.
5. Construction of Improvements. a) All Improvements shall be installed in
accordance with the Plans, the City Approvals, the City's engineering standards (as hereinafter
defined) and the requirements of the reports from the City engineer dated and
. The Developer shall obtain any necessary permits from the Minnesota
Department of Health, Elm Creek Watershed Management Organization, the Minnesota
Pollution Control Agency and any other entity having jurisdiction over the Property before
proceeding with any construction. The City shall inspect all work at the Developer's expense.
The Developer, its contractors and subcontractors, shall follow all instructions received from the
City's inspectors. Prior to beginning construction, the Developer or the Developer's engineer
shall schedule a preconstruction meeting with all parties concerned, including the City staff and
engineers, to review the program for the construction work. All Improvements required by this
Agreement shall be completed by no later than October 31, 2016.
b) Within 30 days after the completion of the water main and hydrant Improvements,
the Developer shall supply the City with a complete set of reproducible "as constructed" plans
and three complete sets of paper "as constructed" plans, each prepared in accordance with City
standards and in AutoCADD format based on Hennepin County coordinates. The "as
constructed" plans shall also be submitted to the City in GIS format compatible with Arc Map
10.3 in the coordinates and with the attributes directed by the city engineer.
c) The Developer agrees to require its contractor to provide to the City a warranty
bond for the water main Improvements, related trail repair and hydrant relocation as shown on
the Plans. Each bond shall cover defects in labor and materials for the applicable Improvement
for a period of two years from the date of acceptance by the City. During such period, the
Developer agrees to repair or replace any Improvement, or portion or element thereof, which
shows signs of failure, normal wear and tear excepted. A decision regarding whether an
Improvement shows signs of failure shall be made by the City in the reasonable exercise of its
judgment following consultation with the Developer. If the defective Improvement is not
repaired or replaced by means of the warranty bond or if the Developer otherwise fails to repair
or replace a defective Improvement during the warranty period after written notice to the
464652v2 RHB ME230-615 3
Developer and opportunity to cure, the City may repair or replace the defective portion and may
use the Letter of Credit, as hereinafter defined, to reimburse itself for such costs. The Developer
agrees to reimburse the City fully for the reasonable cost of all Improvement repairs or
replacement if the cost thereof exceeds the remaining amount of the Letter of Credit. Such
reimbursement must be made within 45 days of the date upon which the City notifies the
Developer of the cost due under this section. If the Developer fails to make required payments to
the City, the Developer hereby consents to the City levying special assessments for any
unreimbursed amount associated with such costs against the Property. The Developer, on behalf
of itself and its successors and assigns, acknowledges the benefit to the Property of the repair or
replacement of the Improvements and hereby consents to such assessment and waives the right to
a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429.
6. Stormwater Improvements. Stormwater improvements for Medina Clydesdale
Marketplace were constructed following approval of the PUD in 2005. The Developer agrees to
connect the stormwater Improvements needed for the Property to the stormwater Improvements
serving the Medina Clydesdale Marketplace PUD in accordance with the Plans and in
compliance with all City requirements regarding such Improvements. The stormwater
Improvements serving the Property are private and will be maintained by the Medina Clydesdale
Marketplace Association at its sole expense. The City does not intend to accept the stormwater
Improvements as public and does not intend to maintain them. In order to meet the requirements of
the Elm Creek Watershed Management Organization, the Developer of Medina Clydesdale
Marketplace and the City entered into a Stormwater Maintenance Agreement in 2005. The purpose
of the Stormwater Maintenance Agreement is to ensure that the PUD Association maintains the
stormwater Improvements and to give the City the right but not the obligation to do so if the PUD
Association fails in its obligations. The Stormwater Maintenance Agreement was recorded against
all of the land within Medina Clydesdale Marketplace, including the Property, and runs with the
land. The Developer acknowledges that i) the on -site stormwater Improvements have not and
will not be accepted by the City; ii) the City does not plan to maintain or pay for maintenance,
repair or replacement of the stormwater Improvements and that the PUD Association will have
primary responsibility for such work; iii) the City has the right but not the obligation to perform
necessary work upon the failure or refusal by the PUD Association to do so; and iv) if the City
performs any work on the stormwater Improvements, the City intends to assess the cost of such
work against the Property and other properties within the PUD, if appropriate. Within 30 days
after the completion of the additional stormwater Improvements required by the Plans, the
Developer shall supply the City with a complete set of reproducible "as constructed" plans and
three complete sets of paper "as constructed" plans, each prepared in accordance with City
standards and in AutoCADD format based on Hennepin County coordinates.
7. Sanitary Sewer, Water Main and Hydrants. The Developer agrees to install the
necessary water main improvements to serve the Property, which may also involve the removal
and replacement of portions of the adjacent trail to City specifications. The Developer also
agrees to relocate the water hydrants on the Property as shown on the Plans.
8. Landscaping. The Developer agrees to install landscaping in accordance with the
Plans. All landscaping shall include hardy, non-invasive and drought tolerant species appropriate
for Minnesota. All landscaping materials shall be maintained and replaced if they die within two
464652v2 RHB ME230-615 4
years. Any automatic water irrigation system utilized on the Property shall be equipped with rain
sensors or soil moisture sensors and is subject to the City's irrigation and water conservation
ordinances.
9. Parking and Site Access. a) The Developer shall construct parking on the Property
sufficient to meet City requirements and in accordance with the Plans.
b) Ingress and egress to the Property will be by means of the existing curb cut on
Clydesdale Trail in the northwest portion of the site. Egress may also be by means of the access
point in the southeast portion of the site over the property to the east to Clydesdale Trail. Access
will be to the south of the buildings on the property to the east and will not be via what is designated
as "Outlot Drive" located between the two properties. Outlot Drive is one-way south and serves the
drive -through window at the coffee shop on the western end of the property to the east. The
Developer must demonstrate to the City's satisfaction that there exists an access easement over the
property to the east for the benefit of the Property adequate to allow such access.
c) In order to discourage ingress to the Property from the southeast, the Developer
intends to install signs indicating "no entrance" or "exit only" in such location but recognizes the
City is without legal authority to enforce such regulations.
10. Letter of Credit. a) In order to ensure completion of the Improvements required
under this Agreement and satisfaction of all fees due to the City, the Developer agrees to deliver
to the City prior to beginning any work or construction on the Property a letter of credit (the
"Letter of Credit") in the amount of $75,975.00, which represents 150 percent of the estimated
cost of the Improvements. This amount represents the maximum risk exposure for the City,
based on the anticipated sequence of construction and the estimated cost of each element of the
Improvements rather than the aggregate cost of all required Improvements. The Letter of Credit
shall be delivered to the City prior to beginning any work on the Improvements and shall renew
automatically thereafter until released by the City. The itemized costs of the Improvements are
estimated on Exhibit C attached hereto. The Letter of Credit shall be issued by a bank
determined by the City to be solvent and creditworthy and shall be in a form acceptable to the
City. The Letter of Credit shall allow the City to draw upon the instrument, in whole or part, in
order to complete construction of any or all of the Improvements and pay any fees or costs due to
the City by the Developer.
b) The City agrees to reduce the Letter of Credit upon substantial completion of the
Improvements on the Property, or any significant portion thereof, and satisfaction of all of the
Developer's financial obligations to the City. The Letter of Credit shall be released following
completion of the Improvements and satisfaction of all other provisions of this section 10.
c) If at any time the City determines that the bank issuing the Letter of Credit no
longer satisfies the City's requirements regarding solvency and creditworthiness, the City shall
notify the Developer and the Developer shall provide to the City within 30 days a substitute
Letter of Credit from another bank meeting the City's requirements. If the Developer fails to
provide the City within 30 days with a substitute Letter of Credit from an issuing bank
satisfactory to the City, the City may draw under the existing Letter of Credit.
464652v2 RHB ME230-615 5
11. Developer's Default. In the event of default by the Developer as to construction or
repair of any of the Improvements, the City may, but is under no obligation to, perform the work
and the Developer shall promptly reimburse the City for any expense incurred by the City. This
Agreement is a license for the City to act, and it shall not be necessary for the City to seek an
order from any court for permission to enter the Property for such purposes. If the City does any
such work, the City may, in addition to its other remedies, levy special assessments against the
Property to recover the costs thereof. For this purpose, the Developer, for itself and its
successors and assigns, expressly waives any and all procedural and substantive objections to the
special assessments, including but not limited to, hearing requirements and any claim that the
assessments exceed the benefit to the land so assessed. The Developer, for itself and its
successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota
Statues, section 429.081.
12. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer
agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for
its reasonable costs and expenses in reviewing the City Approvals, including the drafting and
negotiation of this Agreement. The Developer agrees to reimburse the City in full for such
reasonable costs within 30 days after notice in writing by the City. The Developer agrees to
reimburse the City for the reasonable cost incurred in the enforcement of any provision of this
Agreement, including reasonable engineering and attorneys' fees.
b) The Developer shall also pay a fee for City construction observation and
administration relating to construction of the Improvements. Construction observation shall
include inspection of all Improvements. In order to reimburse the City for the administrative fee
and the reasonable cost of inspection of the Improvements, the Developer shall deposit an
additional $9,000 into an escrow account with the City, which shall receive and hold such funds
solely under the terms of this Agreement. If any funds held under this escrow exceed the amount
necessary to reimburse the City for its costs under this subparagraph, such funds shall be
returned to Developer without interest. If it appears that the actual costs incurred will exceed the
estimate, Developer and City shall review the costs required to complete the project and the
Developer shall deposit additional sums with the City.
13. City Utility Connection Fees; SAC Fee. a) In accordance with City policy and to
distribute uniformly the costs of public utility infrastructure improvements, the City will charge
the Developer trunk connection fees for the availability of sanitary sewer and water to the
Property. The total connection fees shall be computed as of the date of issuance of the building
permit. The Metropolitan Council has established the number of sewer availability charge units
attributable to the project as , but the Developer has suggested that actual
usage shall be lower, based on a similar facility owned by the Developer. The City agrees to
collect fees based on the estimated lower number but retains the right to reevaluate the number of
units at any time within two years of the date of issuance of the certificate of occupancy. If the
City determines that additional units (up to the number initially determined by the Metropolitan
Council) are justified based on actual usage, the Developer agrees to pay such additional fees
within 30 days of notice from the City. If the Developer fails to pay the required additional fees,
the City shall have the right to specially assess the Property for the unpaid fees and the
464652v2 RHB ME230-615 6
Developer hereby waives any right to appeal said assessments under Minnesota Chapter 429 or
Chapter 444.
b) In addition to the City fees payable under paragraph a) above, the Developer will
be responsible for payment of the SAC charges set by the Metropolitan Council but without
deferral or waiver of any portion thereof as provided for with regard to the City fees.
14. Park Dedication Requirements. The Developer agrees to pay $37,659 in park
dedication fees for the Property.
15. No Building Permits Approved; Certificate of Occupancy. a) The City Approvals
do not include approval of a building permit for any structure on the Property. The Developer
must submit and the City must approve building plans prior to the Developer's application for a
building permit for a structure on the Property. The Developer or the parties applying for the
building permits shall be responsible for payment of the customary fees associated with the
building permits.
b) The City shall not issue a certificate of occupancy for the building the Developer
will construct on the Property until all of the Improvements (including hydrants) have been
installed, inspected and approved and the Developer has submitted record plans of same to the
City.
16. Clean up and Dust Control; Haul Route. a) The Developer shall daily clean dirt
and debris from streets adjoining the Property resulting from construction work by the
Developer, its contractors, agents or assigns. Prior to any construction on the Property, the
Developer shall identify to the City in writing a responsible party for erosion control, street
cleaning, and street sweeping. The Developer shall provide dust control to the satisfaction of the
City's engineer throughout construction on the Property.
b) The Developer agrees that any fill or other material which must be brought to or
removed from the Property while final grading the site or during construction of the
Improvements or the building will be transported using the haul route established by the City.
For purposes of this provision, the City designates Clydesdale Trail to T.H. 55 as the haul route.
17. Compliance With Laws. The Developer agrees to comply with all laws, ordinances,
regulations and directives of the state of Minnesota and the City applicable to the Property. This
Agreement shall be construed according to the laws of Minnesota. Breach of the terms of this
Agreement by the Developer shall be grounds for denial of building permits for the Property.
18. Agreement Runs With the Land. This Agreement shall run with the Property and
shall be recorded against the title thereto and shall bind the parties hereto and their successors
and assigns.
19. Indemnification. The Developer hereby agrees to indemnify and hold the City and
its officers, employees, and agents harmless from claims made by it and third parties for
damages sustained or costs incurred resulting from the City Approvals. The Developer hereby
464652v2 RHB ME230-615 7
agrees to indemnify and hold the City and its officers, employees, and agents harmless for all
costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees, except matters involving acts of gross negligence by the City.
20. Assignment. The Developer may not assign this Agreement without the prior
written permission of the City, which consent shall not be unreasonably withheld, conditioned or
denied.
21. Notices. Any notice or correspondence to be given under this Agreement shall be
deemed to be given if delivered personally or sent by U.S. Mail, postage prepaid, certified mail,
return receipt requested:
a) as to Developer: P J Norman, LLC
Attn:
b) as to City: City of Medina
2052 County Road 24
Medina, MN 55340
ATTN: City Administrator
with a copy to: Ronald H. Batty
Kennedy & Graven
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this section 21.
22. Severability. In the event that any provision of this Agreement shall be held invalid,
illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this Agreement.
23. Non -waiver. Each right, power or remedy conferred upon the City by this
Agreement is cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, or available to the City at law or in equity, or under any other
agreement. Each and every right, power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed expedient by
the City and shall not be a waiver of the right to exercise at any time thereafter any other right,
power or remedy. If either party waives in writing any default or nonperformance by the other
party, such waiver shall be deemed to apply only to such event and shall not waive any other prior
or subsequent default.
464652v2 RHB ME230-615 8
24. Counterparts. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on
the day and year first above written.
CITY OF MEDINA
By
Bob Mitchell, Mayor
By
Scott T.Johnson
City Administrator -Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2015,
by Bob Mitchell and Scott T. Johnson, the mayor and city administrator -clerk, respectively, of the
city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
464652v2 RHB ME230-615 9
P J NORMAN, LLC
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2015,
by , the of P J Norman, LLC, a Minnesota limited
liability company, on behalf of the company.
Notary Public
464652v2 RHB ME230-615
10
EXHIBIT A TO
DEVELOPMENT AGREEMENT
The land to which this Development Agreement applies is located in Hennepin County, Minnesota
and legally described as follows:
Lot 1, Block 2, Medina Clydesdale Marketplace, Hennepin County, Minnesota
464652v2 RHB ME230-615
A-1
EXHIBIT B TO
DEVELOPMENT AGREEMENT
The following documents constitute the Plans:
[to be completed]
464652v2 RHB ME230-615
B-1
EXHIBIT C TO
DEVELOPMENT AGREEMENT
Improvement Cost Estimate
[to be completed]
464652v2 RHB ME230-615
C-1
Agenda Item # 7A
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2015-XX
RECOGNIZING JOHN GLEASON FOR FIVE YEARS
OF SERVICE TO THE CITY OF MEDINA
WHEREAS, John Gleason has been a valued full time City of Medina employee in the
Public Works Depar invent since June 28, 2010; and
WHEREAS, John Gleason has demonstrated a strong work ethic, honesty, commitment
and a positive attitude in providing various services to the residents of Medina; and
WHEREAS, John has taken on the title of Field Inspector for the city, performing routine
erosion control inspections for public and private construction projects, as well as routine on -site
construction inspections regarding the installation of site improvements including streets, curbs,
water main, storm sewer, sanitary sewer and other related infrastructure installations; and
WHEREAS, John has brought his years of experience as a heavy equipment operator to the
table in his position with the city; and
WHEREAS, John has received the training necessary to continue his licensing in Design of
Construction SWPPP, Construction Site Management, and Construction Installer, as well as taking
a yearly defensive driving course for snow plow operators; and
WHEREAS, the City of Medina expresses sincere gratitude for John's dedication and
continued service to the Medina community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
acknowledges and thanks John Gleason for five years of service to the community
Dated: July 21, 2015.
Bob Mitchell, Mayor
ATTEST:
Scott T. Johnson, City Administrator -Clerk
Resolution No. 2015-
July 21, 2015
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
July 21, 2015
Agenda Item # 8A
MEMORANDUM
TO:
FROM:
DATE:
MEETING:
SUBJECT:
City Council, through City Administrator Scott Johnson
Steve Scherer, Public Works Director
July 15, 2015
July 21, 2015
Town Line Road North Improvement Project
The Town Line Road North Improvement Project, consisting of an overlay, shouldering and
striping, will take place with the cooperation of our neighboring City of Independence. This
project was originally in the City of Medina 2016 CIP plan, but was moved up one year to
accommodate a larger paving project being done by the City of Independence.
Medina will be using Knife River Corporation as the contractor for the project. They were the
low bidder of the publicly bid larger Independence Road Project. The Public Works Department
and City Staff from both cities have been working together to get the project under way. A copy
of the Feasibility Report and Joint Powers Agreement with the City of Independence is in your
packet for approval.
Recommended Action:
• To accept the resolution receiving the Feasibility Report and calling for a public hearing
on the Town Line Road North Improvement Project and levying special assessment for
the same.
• To enter into the prepared Joint Powers Agreement with the City of Independence for the
Town Line Road North Improvement Project.
Page 1 of 1
Agenda Item # 8A1
Member _ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2015-xx
RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING
FOR PUBLIC HEARINGS ON TOWN LINE ROAD IMPROVEMENT PROJECT
AND LEVYING SPECIAL ASSESSMENTS FOR SAME
WHEREAS, a feasibility report has been prepared by Steve Scherer as the city's Public
Works Director regarding a street improvement project for Town Line Road; and
WHEREAS, the project consists of overlay, shouldering, and striping work in the areas
described in the report; and
WHEREAS, the report provides information regarding whether the project is necessary,
cost-effective and feasible.
NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as
follows:
1. The feasibility report is hereby accepted and the project is determined to be
necessary, cost-effective and feasible.
2. The project shall be constructed using competitive bids received by the City of
Independence for the overlay, shouldering and striping work.
3. The city council shall consider the making of such improvements in accordance
with the feasibility report and assessing benefited properties in accordance with the city's special
assessment policy and pursuant to Minn. Stat., Chapter 429. The estimated total cost of the
project is as follows:
• Town Line Road $92,190
o Medina Portion $46,095
o Independence Portion $46,095
4. Public hearings to consider the making of such improvement and the levying of
special assessments related thereto shall be held at 7:00 p.m. in the council chambers at Medina
city hall on the following dates:
• Town Line Road August 5, 2015
5. City staff is authorized and directed to prepare plans and specifications for
making the project.
Resolution No. 2015-xx
July 21, 2015
6. City staff is directed to prepare the appropriate notices for the improvement
hearings and assessment hearings and to cause the proper published and mailed notices to be
given for the public hearings as required by law and in accordance with the above schedule.
7. The amount of the project to be specially assessed against benefited properties in
accordance with the city's special assessment policy and Minn. Stat. Chapter 429 is as follows:
• Town Line Road $2,653.71
8. The city clerk, with the assistance of city staff, shall forthwith calculate the proper
amount to be specially assessed for each such improvement against every assessable lot, piece or
parcel of land within the area affected without regard to cash valuation and shall file a copy of
the proposed assessment in the clerk's office at city hall.
Dated: July 21, 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:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015-xx 2
July 21, 2015
c • rc‘
MEDINA
Feasibility Report
Town Line Road North
City of Medina
July 2015
Prepared by: Steve Scherer,
Public Works Director
City of Medina — Town Line Road North
Table of Contents
Table of Contents 2
1.0 Introduction 3
2.0 Summary and Recommendations 4
3.0 Street Improvements 5
4.0 Figure 1 — Typical Section — Overlay
5.0 Cost Summary 6
Table 1 — Proposed Improvements Cost Summary 7
6.0 Funding Options 8
7.0 Project Schedule 9
Appendix A — Cost Estimate A-1
Appendix B — Project Location and Potential Assessment Area B-1
Town Line Road North Project Page 2
City of Medina — Town Line Road North
1.0 Introduction
City staff has requested this report to determine the feasibility of improvements to Town Line
Road North, from County Road 11 to State Highway 55. The location and assessment map for
the proposed improvement are shown in Appendix B. The project area consists of both
residential and agriculture areas.
History:
Town Line Road is a border street between the City of Independence and the City of Medina, the
center line of which lies on the westerly corporate limits of Medina and the easterly corporate
limits of Independence, commencing at its intersection with Hennepin County Road No. 11 and
extending northerly to its intersection with Minnesota Trunk Highway No. 55.
The City of Independence maintains the southerly one-half mile and the City of Medina
maintains the northerly one-half mile. Originally the street, which consisted of a 24 foot gravel
surface, was divided into two segments to allow each City the flexibility to be able to make
improvements at different times. In 1989 Town Line Road North was constructed with grading,
base and surfacing as a 7 ton rural road by the City of Medina. The road has a 24 foot wide
paved surface with a 3 foot gravel shoulder on either side.
In 1994 and 2012 the City of Medina had Town Line Road North seal coated and since that time
has had only limited patching and basic maintenance done to preserve the integrity of the road
and allow safe travel.
A cost analysis is discussed and presented in the Cost Summary section. A detailed cost estimate
of the proposed improvements is presented in Appendix A.
Town Line Road North Project Page 3
City of Medina — Town Line Road North
2.0 Summary and Recommendations
The overlaying of Town Line Road North is feasible from an engineering standpoint. The project
is cost effective and necessary to prolong the useful life of the road. The following
recommendations are presented for consideration by the Medina City Council:
1) That this report is adopted as the guide for the overlaying of the westerly portion of Town
Line Road North located in the City of Independence and the easterly portion located in
the City of Medina.
2) That the cost of improvements be allocated to Medina residents in accordance with the
City's Special Assessment Policy throughout the proposed roadway improvement area.
3) That a public hearing be held on August 5, 2015 for the proposed improvements.
Town Line Road North Project Page 4
City of Medina — Town Line Road North
3.0 Street Improvements
The Town Line Road North, as it stands today, consists of geo-tech fabric, 8 inches of a Class 5
aggregate base, 100% crushed, and 4 inches of asphalt surfacing. The Town Line Road North
Project will consist of overlaying 1328 ton of Type SP 9.5 Wear Course Mixture over an area
that is approximately 5200' x 24' wide, with 3' shoulders on either side. See Figure 1 for the
typical street section.
Town Line Road North Project Page 5
Figure 1
TOWN LINE ROAD NORTH
New Bituminous Wear Course (I 1/21
Existing Bituminous Ex.
Aggregate Base Course
TYPICAL SECTION: OVERLAY
MEDINA, MN
City of Medina — Town Line Road North
4.0 Cost Summary
Detailed cost estimates for the proposed improvements are presented in Appendix A. The costs
represent estimated construction costs to overlay all of Town Line Road North, which is shared
with the City of Independence. The cost for the work is based on competitive bids received by
the City of Independence. A summary of the estimated costs is presented in Table 1 below.
TABLE l — PROPOSED IMPROVEMENT COST SUMMARY
Project
Cost
Town Line Road North
$92,190.00
Medina Total
$46,095.00
Independence Total
$46,095.00
Town Line Road North Project Page 6
City of Medina — Town Line Road North
5.0 Funding Options
5.1 ASSESSMENTS
The City of Medina has adopted a special assessment policy regarding public improvements.
Following the guidelines of this policy, a portion of the construction costs for the project may be
funded through special assessments. Properties which may be assessed for a portion of the
project are identified in Appendix B.
5.2 CITY FUNDS
The remainder of the project costs not assessed to benefitting properties will be funded with City
Street funds.
Town Line Road North Project Page 7
City of Medina — Town Line Road North
6.0 Project Schedule
The schedule that is shown below provides for completion in October 2015.
Council accepts Feasibility
July 21, 2015
Call for Public Hearing/Assessment Hearing
July 21, 2015
Public Hearing/Assessment Hearing
August 5, 2015
Begin Construction
September 2015
Final Completion
October 2015
The schedule assumes that the public hearing and assessment hearing for the project will be held
at a single, regularly -scheduled Council meeting. Note that the construction process should occur
over a one week period during a September through October timeframe.
Town Line Road North Project Page 8
APPENDIX A
Cost Estimate
Town Line Road North Project Page 9
2015 Street CIP
Cost Estimate for Improvements
Town Line Road North Units Amount $/Unit Total
Mobilization LS 1 500.00 $ 500
Mill Bituminous Surface (Miscellaneous) SY 59 4.00 $ 236
Shoulder Base Aggregate TN 276 25.00 $ 6,900
Bituminous Material for Tack Coat GAL 770 2.40 $ 1,848
Type SP 9.5 Wearing course Mixture (2,B) TN 1,328 57.00 $ 75,696
Striping — 4" Solid Line White -Epoxy LF 10,500 .031 $ 3,255
Striping — 4" Double Solid Line Yellow -Epoxy LF 5,250 .062 $ 3,255
Traffic Control
Total Estimated Cost
Cost Assumptions
LS 1 500.00 $ 500
$ 92,190
Tack coat cost is included in the bituminous wear course cost.
Town Line Road North Project Page 10
APPENDIX B
Project Location and
Potential Assessment Area
Town Line Road North Project Page 11
Townline Road North
Street Improvement
Project Location and Potential Assessment Area
w
s
KLAERS
SUNSET
z
w
u_
CO NTY ROAD 11
EAGLE RID
COUNTY ROAD
HIGHWAY 55
COUNTY ROAD 11
rn
COUNTY ROAD
IHDUHAPI
1IIN1■11511 H■
Legend
r Potential Assessment Area �momI City Boundary
■n■
Project Location
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF INDEPENDENCE
AND THE CITY OF MEDINA
REGARDING TOWNLINE ROAD REPAIR PROJECT
THIS AGREEMENT made and entered into this day of , 2015 by and
between the city of Independence ("Independence") and the city of ("Medina"), both of which are
municipal corporations under the laws of Minnesota.
RECITALS
WHEREAS, Independence and Medina desire to repair Townline Road from County Road 11
to State Highway 55 (the "Project"); and
WHEREAS, Independence and Medina share jurisdiction over Townline Road and the Project
will benefit both cities; and
WHEREAS, a portion of the Project is to be constructed within the corporate limits of
Independence and a portion is to be constructed within the corporate limits of Medina; and
WHEREAS, Medina intends to specially assess the benefited properties within its jurisdiction
for a portion of the cost of the Project; and
WHEREAS, Independence prepared a street reconstruction plan pursuant to Minnesota Statutes,
section 475.58, subd. 3b which includes the Project and held a public hearing and adopted the plan on
April 28, 2015; and
WHEREAS, Minnesota Statutes, section 471.59 authorizes political subdivisions of the state to
enter into joint powers agreements for the joint exercise of powers common to each.
NOW, THEREFORE, in consideration of the mutual undertakings herein expressed,
Independence and Medina agree as follows:
I. PURPOSE
The purpose of this Agreement is to set forth the terms of the agreement Independence and
Medina have reached regarding the design, construction and financing of the Project, in accordance with
Minnesota Statutes, section 471.59.
II. AGREEMENT
1. Independence shall be responsible for the design and construction of the entire Project.
463462 AMB ND115-7
1
Therefore, the parties agree that:
a. Independence shall plan and design, advertise and receive bids, award the
contract, administer the construction and conduct inspections of the Project.
Medina reviewed and approved the final plans and specifications prior to
advertisement for bids. Medina shall have the right to approve the bid prior to
award of the contract by Independence if the apparent low bid exceeds the
engineer's estimated cost of the Project. Independence shall have the right to
inspect, review and comment upon construction of the Project.
b. Medina hereby grants to Independence the right to use its portion of Townline
Road and immediately adjacent streets, public rights of way and easements in
Medina for purposes of constructing the Project, including any excavations
necessary to perform work incidental to the performance of this Agreement.
Medina hereby agrees to cooperate with Independence in the execution of the
Project.
c. Medina agrees to notify and coordinate access and other matters with its
property owners regarding the construction schedule of the Project.
d. For purposes of compliance with the Minnesota Wetlands Conservation
Act, Medina hereby defers local government unit authority for wetlands
impacted by the Project within its jurisdiction to Independence.
2. The Project is estimated to cost $92,109.00, including the cost of construction, all
engineering and legal expenses and capitalized interest, costs of issuance and
underwriter's discount related to the general obligation tax abatement bonds to be issued
to finance the Project, as described below. Medina's share of the above Project costs is
estimated to be $46,095.00. Independence's share of the above Project costs is
estimated to be $46,095.00. Notwithstanding the above, the parties agree to pay their
respective portions of the actual cost of the Project as determined upon completion on
the basis of the cost -sharing arrangement illustrated on Exhibit A attached hereto.
3. Each city shall be solely responsible for its share of the costs of the Project. Each
municipality shall be responsible for the levy of any special assessments against
properties within its respective city boundaries.
4. Pursuant to Minnesota Statutes, section 471.59, Independence intends to issue and sell
its general obligation tax abatement bonds in an amount not to exceed $1,575,000.00 to
finance the costs of the Project. Medina intends to repay Independence for its share of
Project costs from available funds, pre -paid special assessments, or other sources.
Payments from Medina to Independence shall be made in accordance with the following
payment schedule: Payment 1 - $46,095.00
5. Each city agrees to indemnify and hold harmless the other from any claims, losses,
costs, expenses or damages, including reasonable attorney's fees, resulting from the acts
463462 AMB ND115-7
2
or omissions of the respective officers, agents, or employees of the indemnifying party,
to the extent such acts or omissions to related activities conducted by the indemnifying
parry under this Agreement.
6. It is understood and agreed that the entire agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and all negotiations
between the parties relating to the subject matter thereof, as well as any previous
agreement presently in effect between the parties regarding the subject matter thereof.
Any alterations, variations, or modifications of the provisions of this Agreement shall be
valid only when they have been reduced to writing and duly signed by the parties.
7. Maintenance of Townline Road following completion of the Project shall be determined
under a separate agreement between the cities.
8. For purposes of delivery of any notice required by this Agreement, the notice shall be
effective if delivered by certified or registered U.S. mail, postage prepaid, or hand
delivered to:
a) As to Independence: City of Independence
1920 County Road 90
Independence, MN 55359
Attn: City Administrator
b) As to Medina: City of Medina
2052 County Road 24
Medina, MN 55340
Attn: City Administrator -Clerk
9. This Agreement shall be interpreted under the laws of Minnesota.
IN WITNESS WHEREOF, Independence and Medina have caused this Agreement to be
executed on their behalf by their appropriate officers.
Dated: , 2015. CITY OF INDEPENDENCE
By:
Marvin Johnson, Mayor
And by:
Mark Kaltsas, Interim City Administrator
463462 AMB ND115-7
3
Dated: , 2015. CITY OF MEDINA
This Agreement drafted by:
Kennedy & Graven, Chartered (RJV)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
By:
Bob Mitchell, Mayor
And by:
Scott Johnson, City Clerk -Treasurer
463462 AMB ND115-7
4
EXHIBIT A
MAP OF THE PROJECT SHOWING
RESPECTIVE SHARES OF RESPONSIBILTY
463462 AMB ND l l 5-7
A-1
LAKE
SARAH
0 50 100
MANHOLE 16-6
WATER INTO CASTING
MANHOLE 16-A
RISER CHECK
SETTLEMENT
(BY OTHERS)
3' WIDE MILL AT INTERSECTION.
TAPER MILL TO SPECIFIED OVERLAY
DEPTH. FIELD VERIFY LOCATION.
SUNSNE
ON CIVOH AINf100
I
I
I
I
I
3' WIDE MILL AT INTERSECTION.
TAPER MILL TO SPECIFIED OVERLAY
DEPTH. FIELD VERIFY LOCATION.
IL
CITY OF
MEDINA
CITY OF
INDEPENDENCE
TOWN LINE ROAD
MANHOLE
RISER
MANHOLE
REPLACE 3 RINGS
(BY OTHERS)
SUNSET LANE
3' WIDE MILL AT INTERSECTION.
TAPER MILL TO SPECIFIED OVERLAY
DEPTH. FIELD VERIFY LOCATION.
FERN DRIVE
3' WIDE MILL AT INTERSECTION.
TAPER MILL TO SPECIFIED OVERLAY
DEPTH. FIELD VERIFY LOCATION.
cco
co
y
0
50 100 2
• . .
PROJECT NO.: 14278009
SCALE: AS SHOWN
NO.
DATE
REVISION
BY
PROJECT DATE: 05-12-2015
DRAWN BY: JAW
F.B.:
CHECKED BY: SMW
PLOT DATE: 5/19115, P:\14200s\14270s\14278\14278009\CADD\ConsWction Documents \14278009 PLAN VIEW.tlwg
I HEREBY CERTIFY THAT THIS PLAN, REPORT, OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT
SUPE SION AND AT IA AD Y LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
05-12-2015 42814
STEVEN M. WINTER Date License No.
TRANSPORTATION • MUNICIPAL
MSA 60 Plato
Boulevard East St. RO Nxl, MN 5 107 61
Bl IfA:e Web Address: www.msa-ps.comv MP Profesional Services, Inc.
EMIN=SI
PLAN VIEW
2015 STREET IMPROVEMENTS
CITY OF INDEPENDENCE
HENNEPIN COUNTY, MN
14278009
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF INDEPENDENCE
AND THE CITY OF MEDINA
REGARDING TOWNLINE ROAD REPAIR PROJECT
THIS AGREEMENT made and entered into this day of , 2015 by and
between the city of Independence ("Independence") and the city of ("Medina"), both of which are
municipal corporations under the laws of Minnesota.
RECITALS
WHEREAS, Independence and Medina desire to repair Townline Road from County Road 11
to State Highway 55 (the "Project"); and
WHEREAS, Independence and Medina share jurisdiction over Townline Road and the Project
will benefit both cities; and
WHEREAS, a portion of the Project is to be constructed within the corporate limits of
Independence and a portion is to be constructed within the corporate limits of Medina; and
WHEREAS, Medina intends to specially assess the benefited properties within its jurisdiction
for a portion of the cost of the Project; and
WHEREAS, Independence has determined to issue general obligation abatement bonds in order
to finance its share of the Project and has held a public hearing and taken all actions necessary to issue
such bonds under Minn. Stat. Section 469.1812 to 469.1815, as amended; and
WHEREAS, Minnesota Statutes, section 471.59 authorizes political subdivisions of the state to
enter into joint powers agreements for the joint exercise of powers common to each.
NOW, THEREFORE, in consideration of the mutual undertakings herein expressed,
Independence and Medina agree as follows:
I. PURPOSE
The purpose of this Agreement is to set forth the terms of the agreement Independence and
Medina have reached regarding the design, construction and financing of the Project, in accordance with
Minnesota Statutes, section 471.59.
II. AGREEMENT
463462v2 AMB ND115-142
1
1. Independence shall be responsible for the design and construction of the entire Project.
Therefore, the parties agree that:
a. Independence shall plan and design, advertise and receive bids, award the
contract, administer the construction and conduct inspections of the Project.
Medina reviewed and approved the final plans and specifications prior to
advertisement for bids. Medina shall have the right to approve the bid prior to
award of the contract by Independence if the apparent low bid exceeds the
engineer's estimated cost of the Project. Independence shall have the right to
inspect, review and comment upon construction of the Project.
b. Medina hereby grants to Independence the right to use its portion of Townline
Road and immediately adjacent streets, public rights of way and easements in
Medina for purposes of constructing the Project, including any excavations
necessary to perform work incidental to the performance of this Agreement.
Medina hereby agrees to cooperate with Independence in the execution of the
Proj ect.
c. Medina agrees to notify and coordinate access and other matters with its
property owners regarding the construction schedule of the Project.
d. For purposes of compliance with the Minnesota Wetlands Conservation
Act, Medina hereby defers local government unit authority for wetlands
impacted by the Project within its jurisdiction to Independence.
2. The Project is estimated to cost $92,109.00 including the cost of construction, all
engineering and legal expenses and capitalized interest, costs of issuance and
underwriter's discount related to the general obligation bonds to be issued to finance the
Project, as described below. Medina's share of the above Project costs is estimated to be
$46,095.00. Independence's share of the above Project costs is estimated to be
$46,095.00. Notwithstanding the above, the parties agree to pay their respective
portions of the actual cost of the Project as determined upon completion on the basis of
the cost -sharing arrangement illustrated on Exhibit A attached hereto.
3. Each city shall be solely responsible for its share of the costs of the Project. Each
municipality shall be responsible for the levy of any special assessments against
properties within its respective city boundaries.
4. Pursuant to Minnesota Statutes, section 471.59, Independence intends to issue and sell
its general obligation abatement bonds in an amount not to exceed $1,575,000.00 to
finance the costs of the Project. Medina intends to repay Independence for its share of
Project costs from available funds, pre -paid special assessments, or other sources.
Payments from Medina to Independence shall be made in accordance with the following
payment schedule: Payment 1- $46,095.00
5. Each city agrees to indemnify and hold harmless the other from any claims, losses,
463462v2 AMB ND115-142
2
costs, expenses or damages, including reasonable attorney's fees, resulting from the acts
or omissions of the respective officers, agents, or employees of the indemnifying party,
to the extent such acts or omissions to related activities conducted by the indemnifying
party under this Agreement.
6. It is understood and agreed that the entire agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and all negotiations
between the parties relating to the subject matter thereof, as well as any previous
agreement presently in effect between the parties regarding the subject matter thereof
Any alterations, variations, or modifications of the provisions of this Agreement shall be
valid only when they have been reduced to writing and duly signed by the parties.
7. Maintenance of Townline Road following completion of the Project shall be determined
under a separate agreement between the cities.
8. For purposes of delivery of any notice required by this Agreement, the notice shall be
effective if delivered by certified or registered U.S. mail, postage prepaid, or hand
delivered to:
a) As to Independence: City of Independence
1920 County Road 90
Independence, MN 55359
Attn: City Administrator
b) As to Medina: City of Medina
2052 County Road 24
Medina, MN 55340
Attn: City Administrator -Clerk
9. This Agreement shall be interpreted under the laws of Minnesota.
IN WITNESS WHEREOF, Independence and Medina have caused this Agreement to be
executed on their behalf by their appropriate officers.
Dated: , 2015. CITY OF INDEPENDENCE
By:
Marvin Johnson, Mayor
And by:
Mark Kaltsas, Interim City Administrator
463462v2 AMB ND115-142
3
Dated: , 2015. CITY OF MEDINA
This Agreement drafted by:
Kennedy & Graven, Chartered (RJV)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
By:
Bob Mitchell, Mayor
And by:
Scott Johnson, City Administrator -Clerk
463462v2 AMB ND115-142
4
EXHIBIT A
MAP OF THE PROJECT SHOWING
RESPECTIVE SHARES OF RESPONSIBILTY
i` �RSW4➢.,� .
CiT Y OF
INDEPENDENCE
TARR DEMIF�.1.4.
TOWN LINE ROAD
CITY Of
MEDWA
CR ➢ CMry 'CNMEtRi mum,. Ce TrtS� CI
R.WsV WPM.
AMA
�__ s
PLAN VIEW
201S STREET IMPROVEMENTS
CTI7 IINDEPENDENCE
,..,,0:69
463462v2 AMB ND115-142
A-1
Agenda Item # 8B
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: July 15, 2015
MEETING: July 21, 2015 City Council
SUBJ: Ordinance Amendment: Site Plan Review Processes
Background
Current City regulations require a Site Plan Review process, including Planning Commission
review and City Council resolution, for almost all construction activity on commercial and multi-
family residential property.
This includes review of new construction, additions over 1000 square feet in size, parking lot
expansions in excess of 10,000 square feet, and re -siding of structures if the wall surface is
greater than 10,000 square feet.
Many of these reviews have very little discretion, and there was fairly little to discuss during the
public process in some recent examples. Local businesses have also complained that the process
is burdensome when they are attempting to improve their property or operations.
Staff reviewed the Site Plan Review ordinance to identify opportunities to make the review
process more efficient, but also to maintain a public process for larger projects. Following the
review, staff prepared the attached ordinance which was discussed at the June and July Planning
Commission meetings.
The ordinance would make the following construction subject to administrative review instead of
a public process:
1) Changes of use
2) Re -siding buildings
3) Parking lot expansions (less than 25% increase)
4) Lighting changes
5) Grading (up to 1000 cubic yards)
The ordinance would also increase the size of building expansions which can be approved
through administrative review. Currently, an expansion up to 1000 square feet can be
administratively reviewed, regardless of the size of the building onto which it is constructed.
The proposed amendment would allow expansions up to 10% of the existing floor area to be
administrative reviewed. Staff believes it may be worth discussing even a higher threshold.
The ordinance would also make review of accessory structures an administrative review, but
only up to 1000 square feet, or 20% of the existing building (whichever is less). Staff had
originally suggested up to 5,000 square feet, but the Planning Commission felt that larger
accessory structures should be reviewed through a public process.
Ordinance Amendment
Page 1 of 2 July 21, 2015
Site Plan Review Processes City Council Meeting
Planning Commission Recommendation
The Planning Commission discussed this topic at the June and July meeting. The Commission
supported making many of these reviews administrative.
The Planning Commission had a fair amount of discussion related to parking lot expansions and
whether these reviews being administrative would lead property owners to install more parking
than is necessary and more than is preferred by the Commission and Council.
Staff had originally advocated making all parking lot expansions reviewable administratively.
The purpose of a Site Plan Review (be it administrative or with Commission/Council review) is
to review consistency with existing regulations. The City does not currently have maximum
parking requirements, only minimums. Regardless whether the Planning Commission and City
Council review a request or if it is reviewed administratively, the City would not be able to limit
the parking lot expansion unless maximum parking standards were in place.
The Planning Commission ultimately recommended that parking lot expansions up to 25%
should be reviewed administratively and larger expansions should go through the public process.
Potential Actions
1. Move to adopt the ordinance regarding site plan review processes.
2. Move to adopt the resolution authorizing publication of the ordinance by title and
summary.
Attachment
1. Draft ordinance
2. Resolution to publish by title and summary
Ordinance Amendment
Page 2 of 2 July 21, 2015
Site Plan Review Processes City Council Meeting
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE REGARDING SITE PLAN REVIEW PROCESSES;
AMENDING CHAPTER 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 825.55, et.seq. of the code of ordinances of the city of Medina is amended
by deleting the stricken language and adding the underlined language as follows:
Section 825.55. Site Plan Review — Application.
Subd. 1. All new commercial, business, and multiple family residential uses and
developments shall require site plan review under this section prior to the issuance of any
permits. In addition, all changes, additions and expansions of existing commercial,
business, and multiple family residential uses and developments shall require site plan
review prior to the issuance of any permits unless the change, addition or expansion
qualifies for review by city staff as a minor change pursuant to Subd. 4 of this
Section.
plan review if the change, when combined with all other changes made since the effective
date of this ordinance, would no longer qualify as a minor change under the applicable
district regulations.
Subd. 2. The owner or developer shall submit an application for site plan review to the
zoning administrator. The application shall be accompanied by the following information
and documentation to the extent it is not otherwise required by another land use
application made by the owner or developer for the same site at the same time:
(a) legal description of the property;
(b) identification of developer and owner, if different;
(c) survey showing property boundaries; existing improvements, including utilities,
drainage tiles and wells; topography of the site and area within 100 feet of the
property boundaries with contours at 2-foot intervals; significant trees and existing
vegetation which would meet ordinance landscaping requirements; easements of
record, including the dimensions thereof; and wetlands;
(d) site plan of proposed improvements showing all buildings, including details of loading
docks; parking areas; driveways; access points; berms; easements; and adjacent
public or private streets;
(e) floor plans and building elevations, including list of building materials, showing a
Ordinance No. ### 1
DATE
sketch or computer -generated image of proposed buildings as viewed from
surrounding uses;
(f) site plan of existing uses on property in non-residential zones adjacent to the site and on
property in residential zones within 720 feet of the site, measured at the closest
point, showing buildings, including loading docks, entrances and other significant
features and illustrating sight lines to proposed uses;
(g) proposed grading plan with contours at 2-foot intervals;
(h) soils map;
(i) tree preservation plan;
(j) landscaping plan, including species and sizes;
(k) drainage and storm water plan;
(1) utility plan;
(m) sign plan;
(n) lighting plan;
(o) table of all proposed uses by type and square footage, including estimated water and
sanitary sewer usage;
(p) schedule of staging or timing of development; and
(q) application fee.
Upon receipt of an application for site plan review, the zoning administrator may determine
that, due to the nature or scale of the development, not all of the above information must be
submitted or that additional information must be submitted in order to allow reasonable
review of the development.
Subd. 3. Upon receipt of an application for site plan review, the zoning administrator shall
determine whether the application is complete. If the application is not complete, the
zoning administrator shall notify the applicant in writing that the application is not
complete and shall specify the additional documentation or information that the applicant
will be required to submit before the application will be considered complete. When the
application is complete, the zoning administrator shall refer the matter to the planning
commission for review.
Subd. 4. Minor changes: The following changes can be reviewed and approved by City
staff upon a written finding and filing the report in the property file that the proposal
Ordinance No. ### 2
DATE
meets the requirements of the district.
1. Change in the use of the property if the use is-leRs-intenseand est oti�
meets relevant ordinance standards.
2. Expansion of an existing building by less than 1,000 square feet of floor area which does
not exceed the greater of the following amounts in a single year:
(a) 10% of the existing floor area, or
(b) 1,000 square feet of floor area.
3. Changes of less than 10,000 square feet to the exterior walls or surface of the building, A'
the proposed exterior surface meets relevant ordinance standards.
4. Expansion of the an existing parking lot by less than 25% of its existing area within two
calendar years, except that any expansion less than less than 10 spaces or less
t10,000 square feet, whichever is less shall be reviewed administratively .
5. Outdoor lighting changes involving 2 or fewer light poles without changing the type of
lighting provided the new lighting does not exceed maximum output or photometric
requirements.
6. Changes to the topography involving less than 1 foot in elevation 1000 cubic yards of
disturbance or less than 24,000 square feet of lot area.
7. An addition to exposed rooftop equipment if the addition is less than 64 cubic feet.
8. Construction of an accessory structure meeting relevant ordinance standards and which
does not exceed the lesser of the following:
(a) 20% of the floor area of the principal structure; or
(b) 1,000 square feet of floor area.
Any person aggrieved by a decision of the staff under this subdivision may appeal to the city
council. Appeals must be submitted in writing and must be received by the staff within 30
days of the date the staff s written report is filed. The city council shall decide an appeal
within 60 days of the date of receipt of the appeal.
Section 825.56. Site Plan Review - Planning Commission Review.
Subd. 1. The planning commission shall review the proposed site plan on the basis of the
information and documentation submitted by the applicant and any other information
available to it. The review may occur separately or in conjunction with any other city
hearing or review required under state statute, this ordinance or other applicable law
regarding the same property or development and occurring at the same time.
Subd. 2. The planning commission shall review the proposed site plan to determine
whether it is consistent with the requirements of this ordinance, including the applicable
Ordinance No. ### 3
DATE
development standards and the purpose of the zoning district in which the property is
located. Following the review, the planning commission shall recommend that the site
plan be approved, approved with conditions or denied. The planning commission shall
forward its recommendation to the city council.
Section 825.59. Site Plan Review - City Council Review.
Subd. 1. The city council shall consider the recommendation of the planning commission after
receipt of its report and may consider any additional information or conduct such additional
review, if any, as it determines would serve the public interest. The city council shall make
its decision to approve, approve with conditions or deny the site plan. The city council may
condition its approval in any manner it deems reasonably necessary in order to promote
public health, safety or welfare, to achieve compliance with this ordinance, or to accomplish
the purposes of the district in which the property is located.
Subd. 2. Any site plan approval granted by the city council shall be valid for a period of
one year following final action by the city council or such longer period, not to exceed
one additional year, as the council may specify. After the expiration of that period, the
approval granted by the city council shall be null and void and no permits may be issued
pursuant to the approval. Prior to the expiration of the period, the city council may grant
an extension for good cause upon Medina City Code written request by the applicant.
Subd. 3. An application to amend an approved site plan shall be reviewed under this
section in the same manner as an initial application for a site plan review except that any
change, addition or expansion which qualifies as a minor change as specified in the
standards applicable for the district in which the property is located shall be subject to an
administrative site plan review by the zoning administrator.
SECTION II. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this day of , 2015.
Bob Mitchell, Mayor
Attest:
Scott T. Johnson, City Administrator -Clerk
Published in the Crow River News on the day of , 2015.
Ordinance No. ### 4
DATE
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 regarding site plan review processes, amending chapter 8 of the city code; 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 four 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
regarding site plan review processes. The ordinance amends the requirements in order to allow
more construction activities on commercial, business, industrial, and multiple family residential
properties to be reviewed administratively rather than requiring formal site plan review by the
Planning Commission and City Council.
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.
Resolution No. 2015-##
July 21, 2015
Dated: July 21, 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:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015-## 2
July 21, 2015
Agenda Item # 9A
MEMORANDUM
TO:
FROM:
DATE:
MEETING:
SUBJECT:
City Council, through City Administrator Scott Johnson
Jodi Gallup, Assistant to City Administrator
July 21, 2015
July 21, 2015
Tierney Brothers Updated Quotes — Proposal for AudioNisual Service
Staff met with Tierney Brothers to discuss the Council's concerns with seeing the second display
screen at the back of the room. It was determined that eliminating the back display screen and
having the Council use tablets or other technology to view the presentation would be the best
solution. We also discussed putting the single display screen in the same location as the current
projector screen to best serve the entire room.
Tierney Brothers has provided updated quotes/proposals to show two different options for our
visual needs:
• Option 1: Replace our failing projector with a new projector to be used on the existing
white screen. Total cost for audio & visual: $10,913.93.
• Option 2: Remove the current projector and screen and replace it with a 70" LCD
Display Screen. The screen would need to be ceiling mounted since it is in front of the
windows and might have limited rotation ability. Total cost for audio & visual:
$14,357.91.
Funding Source
As a reminder, the city proposes to use cable franchise PEG fees to fund the project. The city
currently has $12,401.71 in PEG fees available. The PEG fees can only be used for these types of
audio/visual upgrades. If we go with option 1, which is replacing the existing projector with a
new one, the project will be 100% funded from PEG fees and we will not have to borrow from
another fund.
Recommendation
Staff recommends approving option 1 to replace the existing projector with a new projector and
updating the audio as outlined in the attached proposal. Staff feels that the LCD screens do not
work well in the existing space. Staff would recommend revisiting the idea of LCD screens in
the future if we ever remodel the existing space. At that time, we would have additional PEG
fees to spend to fund the visual upgrades.
#TIERNEY
Monday, July 20, 2015
Michael Brocco
City Of Medina
Proposal for Audio -Visual Service
RE: Council Chambers Update
Opportunity Number: 8863 R2
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337•Fax - 612.331.3424
Scope of Integration Services
Summary of Work to be completed by Tierney Brothers, Inc. at 2052 County Road 24
Medina MN 55340.
(Please initial if address is correct or provide correct address. )
Tierney Brothers incorporated (TBI) is proposing to supply and install AV updates for the Council
Chamber at the City of Medina. An audio upgrade and a video upgrade option are
provided. This will include:
Audio Upgrade
TBI will replace the existing table gooseneck microphones with new Shure MX418 Cardiod 18"
gooseneck microphones. Cabling will be wire managed through a floor core and routed into
the OFE equipment cabinet and interfaced with a Biamp Tesira DSP audio processor. This will
clean up the floor cabling currently in place. A wireless handheld microphone and podium
mount will be supplied and installed. TBI will install a wall plate to plug in an existing OFE
wireless mic cart for additional microphone capacity when needed. Outputs from the
processor will feed an OFE Marantz PMD 670 digital audio recorder and a TBI supplied power
amplifier. The amplifier will send audio to two (2) JBL Control 25AV wall mounted speakers for
audio re -enforcement. Additionally TBI will supply an AVF LE 4001 lectern with color choice TBD.
Engineering, Installation, DSP configuration, Project management and training are included.
LCD Display Option
TBI will supply One (1) 70" Sharp LCD display. The display will be mounted using a ceiling
mount. The source to the display will be an owner furnished (OFE) laptop computer. The HDMI
signal will routed using a 25' HDMI cable. The Clients existing VGA cable will be reused. Audio
for VGA and HDMI via an audio de-embedder will be routed to the audio processor in the
equipment cabinet. The monitor will not be able to slide closer to or away from the window.
Note: If this option is chosen the Dias needs to move down approximately 2-3 feet.
Client Responsibilities
• Provide duplex power outlets at each LCD display
• Provide wire pathways for all cabling to OFE equipment cabinet
• Provide backing if needed to hang displays
Note TBI project manager will go over client responsibilities at the project walk-
through/kick-off.
We appreciate the opportunity to present this proposal. If you have any questions, please do
not hesitate to contact us at your convenience at 612-331-5500. Our fax number is 612-331-
3424.
Proposal Prepared By:
Sales Representative - Heidi Harvey
Sales Engineer - Tom Tautges
Please initial to acknowledge and authorize the Scope of Integration Services presented here.
*TIERNEY
Illinois' Indiana 1 Iowa I Michigan 1 Minnesota 'Ohio 'Wisconsin
Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326
(612) 331-5500 1 (800) 933-7337 1 Fax (612) 331-3424
www.tierneybrothers.com
Bill To
City Of Medina
2052 County Road 24
Medina MN 55340
Initial if correct or revise accordingly
Quote
Page 1 of 2
Quote # Date
52432
Ship To
City Of Medina
2052 County Road 24
Medina MN 55340
5/29/2015
Initial if correct or revise accordingly
Expires Sales Rep
Contract
Memo
8/27/2015
209 Heidi Harvey
MNS 21594
A - Council Chambers LCD (SC)-R2
Qty Item
Description
Price
Ext. Price
1
Integration Item
1 XCM1U
1 CMA115
1 CMS0203W
1 CMA370
1 HAE 100
1 MBU 123 70-212-01
1 Wireless Presenter
R400
1
1
1
1
Custom Cables,
Connectors, and
Hardware
Services: Design -
State Contract
Services -
Integration for MN
State Contract
Programming and
Configuration
Video Equipment
LC70LE661U
70" 1920 X 1080 LCD Display w/ 3 Year Warranty
XL, SINGLE COLUMN, CEILING MOUNT
Ceiling Plate 6 X 6" w/1.5" Threads
ADJ. PIPE 24" TO 36"
Unistrut Adapter Kit Chief
HAE 100 HDMI Audio De-Embedder
Under Desk Mounting Kit (1/4 Rack)
Logitech R400 Wireless Presenter. Control LCD timer: Set
automatic, inaudible warnings that help you manage your delivery.
Built-in slideshow controls: Start/end slideshow, slide forward/back,
black screen, volume control. Integrated laser pointer: Highlight key
points in your presentation. Freedom Storable 2.4 GHz wireless
receiver: 50-foot operating range lets you roam freely during the
presentation. Convenience Total power management: Up to 6 months
battery life, LCD battery status indicator, and convenient on/off
switch. Travels anywhere: Includes a storable receiver and carrying
case. Plug and play: No software required for your Windows -based
PC -plug in the wireless receiver and start making your point.
Custom Package of Cables, Connectors and Hardware Including:
HDMI, Bulk Cabling and Misc Hardware
Services: Design - State Contract (Non Construction) Engineering
and Project Management Services 8.63 Hours at $64.00/Hour
State Contract (Non Construction) Installation Services (Non -Union,
Non Prevailing Wage; Normal Business Hours). Union and/or
Prevailing Wage rate requirement will result in a change order to the
client. 7.66 Hours at $70.00/Hour
Programming and Configuration Completed in the Field or In House
3.11 Hours at $115.00/Hour
Includes 90-day Programming Warranty; allowing for modifications to
be made to the initial functionality within this time frame at no charge.
Appointment times determined by Tierney Brothers. Changes
requested after this time will be billable at standard hourly rates.
1,937.20 1,937.20
338.89 338.89
36.05 36.05
91.11 91.11
12.91 12.91
454.25 454.25
28.75 28.75
48.95 48.95
392.75
552.00
536.00
358.00
392.75
552.00
536.00
358.00
*TIERNEY
Quote
Page 2 of 2
Quote # Date
52432
5/29/2015
Qty Item Description
Price Ext. Price
1
TBIPM1YRWARR
Tierney Brothers, Inc. Premium Warranty Plan - Coverage for one
year with preventative maintenance.
If tax has not been included on this proposal, pricing does not
include Minnesota General Sales Tax under Minnesota Statues
Chapter 297A Section 70 "Exemptions for Governments and
Nonprofit Groups" Please inform us if this project will be used for
taxable purposes.
If tax has been included on this proposal, we do not have a tax
exempt form on file for your account. Please provide a completed
Form ST3, Certificate of Exemption if applicable.
*This quotation is for product and services included on the
Minnesota State Contract only.
*Additional components not available on Contract may be needed for
the system to function as designed.
* Installation and non contract items provided on separate quotation.
The services on this page must be purchased in conjunction with the
Integration services on the Contract Release portion of this proposal.
* Cabling is a combination of pre -terminated product and bulk cable
requiring termination with a specific compression tool.
* Manufacturer's warranties only apply to product purchased on State
Contract portion of this proposal.
* Tierney Brothers, Inc. will assist in any vendor communications to
obtain replacements or return product as specified in the Contract.
450.00
450.00
To accept this quotation, complete the proposal summary page at the end of this document. Please
review the terms, conditions and client responsibilities of this proposal in full.
The information contained within this proposal is supplied to you on a confidential basis and is not for
disclosure to any organization without written consent of Tierney Brothers, Inc.
Total $5,236.86
*TIERNEY
Illinois I Indiana I Iowa I Michigan I Minnesota I Ohio I Wisconsin
Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326
(612) 331-5500 I (800) 933-7337 I Fax (612) 331-3424
www.tierneybrothers.com
Bill To
City Of Medina
2052 County Road 24
Medina MN 55340
Initial if correct or revise accordingly
Quote
Quote # Date
52493
Ship To
City Of Medina
2052 County Road 24
Medina MN 55340
6/1 /2015
Initial if correct or revise accordingly
Expires Sales Rep
Contract
Memo
8/30/2015
209 Heidi Harvey
Transaction Not Eligible
A - Council Chambers Update (NC)
Qty Item
Description
Price
Ext. Price
1
Services -
Integration for MN
State Contract
Non -Contract Services - This sale is consistent with the "Contract
Release Construction Language Modification" associated with the
MN State Contract.
Non Contract Installation Services - Construction Services by a
Contract Vendor (Union; Normal Business Hours) 9 Hours at
$75.00/Hour
675.00
675.00
To accept this quotation, complete the proposal summary page at the end of this document. Please
review the terms, conditions and client responsibilities of this proposal in full.
The information contained within this proposal is supplied to you on a confidential basis and is not for
disclosure to any organization without written consent of Tierney Brothers, Inc.
Total $675.00
*TIERNEY
Illinois' Indiana 1 Iowa I Michigan 1 Minnesota 'Ohio 'Wisconsin
Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326
(612) 331-5500 1 (800) 933-7337 1 Fax (612) 331-3424
www.tierneybrothers.com
Bill To
City Of Medina
2052 County Road 24
Medina MN 55340
Initial if correct or revise accordingly
Quote
Page 1 of 2
Quote # Date
52429
Ship To
City Of Medina
2052 County Road 24
Medina MN 55340
5/29/2015
Initial if correct or revise accordingly
Expires Sales Rep
Contract
Memo
8/27/2015
209 Heidi Harvey
MNS 21594
B - Audio (SC)
Qty Item
Description
Price
Ext. Price
1
1
2
1
6
1
1
1
1
1
1
1
TesiraFORTE Al
CSA1120Z
Integration Item
SLX24/SM58-G4
Integration Item
Interface System
Furniture/Rack
Solution
Custom Cables,
Connectors, and
Hardware
Services: Design -
State Contract
Services -
Integration for MN
State Contract
Programming and
Configuration
TBIPM1YRWARR
Audio Equipment
TesiraFORTE DSP fixed I/O server with 12 analog inputs, 8 analog
outputs, and 8 channels configurable USB audio
1 x 120W Amplifier, Fanless, 70/100V, 1 U Half -Rack
Control 25AV
Premium Monitor Speaker. 5.25" Two -Way
Handheld System
MX418SE/C
18" Gooseneck w/ Built -in Pre -Amp, and Mute Switch
Owner Furnished Product -Marantz PMD-670 SD Audio Recorder
Custom Package - Interface Plate
Furniture/Rack Solution V-Lectern 48.5" High and 25" deep
Custom Package of Cables, Connectors and Hardware Including:
Bulk Cabling and Misc Hardware
Services: Design - State Contract (Non Construction) Engineering
and Project Management Services 15.63 Hours at $64.00/Hour
State Contract (Non Construction) Installation Services (Non -Union,
Non Prevailing Wage; Normal Business Hours). Union and/or
Prevailing Wage rate requirement will result in a change order to the
client. 15.74 Hours at $70.00/Hour
Programming and Configuration Completed in the Field or In House
3.11 Hours at $115.00/Hour
Includes 90-day Programming Warranty; allowing for modifications to
be made to the initial functionality within this time frame at no charge.
Appointment times determined by Tierney Brothers. Changes
requested after this time will be billable at standard hourly rates.
Tierney Brothers, Inc. Premium Warranty Plan - Coverage for one
year with preventative maintenance.
If tax has not been included on this proposal, pricing does not
include Minnesota General Sales Tax under Minnesota Statues
Chapter 297A Section 70 "Exemptions for Governments and
Nonprofit Groups" Please inform us if this project will be used for
1,532.82
359.03
155.77
484.50
192.66
100.89
415.31
441.00
1,000.00
1,102.00
358.00
630.00
1,532.82
359.03
311.54
484.50
1,155.96
100.89
415.31
441.00
1,000.00
1,102.00
358.00
630.00
1TIERNEY
Quote
Page 2 of 2
Quote # Date
52429
5/29/2015
Qty Item Description
Price Ext. Price
taxable purposes.
If tax has been included on this proposal, we do not have a tax
exempt form on file for your account. Please provide a completed
Form ST3, Certificate of Exemption if applicable.
*This quotation is for product and services included on the
Minnesota State Contract only.
*Additional components not available on Contract may be needed for
the system to function as designed.
* Installation and non contract items provided on separate quotation.
The services on this page must be purchased in conjunction with the
Integration services on the Contract Release portion of this proposal.
* Cabling is a combination of pre -terminated product and bulk cable
requiring termination with a specific compression tool.
* Manufacturer's warranties only apply to product purchased on State
Contract portion of this proposal.
*Tierney Brothers, Inc. will assist in any vendor communications to
obtain replacements or return product as specified in the Contract.
To accept this quotation, complete the proposal summary page at the end of this document. Please
review the terms, conditions and client responsibilities of this proposal in full.
The information contained within this proposal is supplied to you on a confidential basis and is not for
disclosure to any organization without written consent of Tierney Brothers, Inc.
Total $7,891.05
*TIERNEY
Illinois I Indiana I Iowa I Michigan I Minnesota I Ohio I Wisconsin
Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326
(612) 331-5500 I (800) 933-7337 I Fax (612) 331-3424
www.tierneybrothers.com
Bill To
City Of Medina
2052 County Road 24
Medina MN 55340
Initial if correct or revise accordingly
Quote
Quote # Date
52503
Ship To
City Of Medina
2052 County Road 24
Medina MN 55340
6/1 /2015
Initial if correct or revise accordingly
Expires Sales Rep
Contract
Memo
8/30/2015
209 Heidi Harvey
Transaction Not Eligible
B - Audio (NC)
Qty Item
Description
Price
Ext. Price
1
1
1
Services -
Integration for MN
State Contract
Integration Item
AD12B
Non -Contract Services - This sale is consistent with the "Contract
Release Construction Language Modification" associated with the
MN State Contract.
Non Contract Installation Services - Construction Services by a
Contract Vendor (Union; Normal Business Hours) 7 Hours at
$75.00/Hour
WindTech GN13
13" Gooseneck, Chrome
Surface Mount Male Microphone Flange with 5/8'-27 Thread in
Chrome
525.00
11.00
9.00
525.00
11.00
9.00
To accept this quotation, complete the proposal summary page at the end of this document. Please
review the terms, conditions and client responsibilities of this proposal in full.
The information contained within this proposal is supplied to you on a confidential basis and is not for
disclosure to any organization without written consent of Tierney Brothers, Inc.
Subtotal 545.00
Shipping Cost (UPS Ground) 10.00
Total $555.00
§TIERNEY
Responsibilities and Conditions
Client Responsibilities
Contract a licensed electrician to provide high voltage power
connections. The system design will determine if optimum
placement of outlets is best achieved before or after the installation
of the AV equipment. The assigned Project Manager will
communicate the specific to you during the project planning.
Tierney Brothers recommends that each projector, TV, plasma, LCD,
etc. have a dedicated quad electrical outlet.
Provide Tierney Brothers with any existing system design
specifications, diagrams, room drawings or other materials that
would facilitate completion of the proposed Scope of Integration
Services.
All necessary ceiling the work involved in the installation, unless an
alternative has been indicated in the Scope of Integration Services
in this proposal.
Prepare, replace, repair or modify any structural or cosmetic
changes that Tierney Brothers has made or needs to make. This
includes, but is not limited to, ceiling grids, floor tiles, walls and pre-
existing equipment. This does not include repair for accidental
damage caused by Tierney Brothers.
Confirm area is ready for installation when scheduled. This includes
but is not limited to the room being vacated, physical conditions
confirmed and owner furnished equipment (OFE) available. If the
area is not prepared for installation when scheduled or the client
has not notified Tierney Brothers five business days in advance of any
schedule change or installation cancellation, there will be a $350.00
charge. Rescheduling of the installation will be set for a later date
as determined by Tierney Brothers.
TBI will not be responsible for the condition and functionality of any
existing OFE during the installation process. This includes de -install
and reinstall of OFE. Should existing equipment fail or not work
properly with our system design, the customer will have the option of
sourcing a TBI approved replacement part or TBI will offer a billable
replacement alternative. If OFE malfunction causes delays in the
installation timeframe, additional billable labor charges may apply.
Clients purchasing SMART product are responsible for loading all
SMART software on the applicable computers and connection of
these computers to the SMARTboard prior to any scheduled training
sessions.
Complete Customer Configuration Worksheets as requested by
Tierney Brothers within five business days. This information is required
to properly integrate the new equipment with your existing IT
infrastructure.
TBI requires access to customer's computer and network at the time
of installation to be able to complete installation and testing of the
designed system. Return visits to test equipment and functionality
may result in additional charges.
TBI's initial estimates assume all work may be completed using
standard ladders. If a lift is required, additional charges will be
incurred and presented as part of a change request.
For U of M Installations only: University of Minnesota customers are
responsible for contacting their Facilities Management Department
to coordinate conduit installation for all A/V wire and cable
installations.
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
6 12.331.55004, 800.933.73374, Fax - 612.331.3424
Tierney Brothers Responsibilities (Upon Authorization)
Proceed with ordering the specified equipment and preparing a
schedule for completion of the proposed services.
Conduct pre -installation site visit (if necessary) involving the main site
contact, site facilities representatives and a Tierney Brothers' project
manager or a qualified alternate.
Review scope, terms and conditions of the installation with the client
at the pre -installation site visit. This will include, but is not limited to
electrical, construction and cosmetic responsibilities.
Basic system training, separate from Professional Development, is
included in this proposal. This training will be scheduled and
completed by a Tierney Brothers' representative at the end of the
project installation.
If Professional Development is part of this proposal, sessions must be
scheduled within six months of install completion.
Clients purchasing SMARTboards: After the installation of the
SMARTboard is complete, the SMARTboard USB connection will be
tested using the Tierney Brothers installer's laptop. After system
functionality is confirmed, the USB connection will be hooked into
the client's computer if it is present in the space.
For safety reasons, Tierney Brothers will not modify/cut the trays on
existing white boards or chalk boards. A solution for mounting over
the existing board will be proposed. Any modifications to the
existing board would need to be made by the customer prior to the
arrival for Tierney Brothers' installation personnel.
Scheduling
Installations are typically scheduled six to eight weeks from receipt
of the customer's purchase order. Custom ordered product may
increase the time needed to complete the proposed services.
Standard service and support is limited to Monday through Friday,
8:00 AM to 5:00 PM central standard time, excluding national
holidays. Expanded service hours may be available for an
additional charge if determined necessary.
This schedule assumes no delays or obstacles will be encountered in
gaining access for the installation.
Site Conditions
Tierney Brothers cannot enter into work in or otherwise disturb any
areas containing asbestos.
Tierney Brothers recommends that each Projector, TV, Plasma, LCD,
etc. have a duplex receptacle fed off of a dedicated 20 amp
circuit available for use. Systems containing multiple racks of
amplifiers or other equipment may require additional circuits.
Please initial to acknowledge and authorize the Responsibilities and Conditions presented here.
*TIERNEY
Accounting Terms
Proposal Terms
Other Terms
For installations scheduled to take 30 days or less from the first day
on site to the last, Tierney Brothers will invoice the total project in full
upon substantial completion. Tierney Brothers reserves the right to
bill progressively for installations which are scheduled to take more
than 30 days on site. The balance is due Net 30 days from the
installation completion date, with 2% interest added to unpaid
balance.
Sales Taxes
All applicable sales tax amounts will be charged on the sale of
goods or services according to each governing law and remitted
to the proper taxing authority. If your organization is tax exempt,
please complete an exemption certificate and return to Tierney
Brothers.
Proposal Changes
If additional products or services are requested prior to receipt of
your signed purchase order or quote proposal, Tierney Brothers will
provide an updated quote proposal, including a revised scope. If
additional products or services are requested after receipt of your
signed purchase order or quote proposal, Tierney Brothers will
provide a change request quote with the requested equipment
and scope to detail the requested changes for your approval.
Upon receipt of your signed purchase order or quote proposal,
Tierney Brothers will proceed with the authorized services and
invoice in accordance with the purchase order or quote proposal.
Verbal agreements will not be processed until confirmation, in
writing, has been received.
There may be a 20% to 30% restocking fee plus freight charges for
those items ordered which have to be returned to the
manufacturer due to customer request or by change of order.
Custom order products and certain product lines not typically
carried by Tierney Brothers may not be returned.
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337•Fax- 612.331.3424
Installation Warranty
See specific warranty coverage program outlined in this proposal.
Repair or replacement service for TBI installed consumer grade
monitors/displays are subject to manufacturer warranty and
service. TBI does offer de-install/re-install assistance for vendor
warranty repair or replacement at an additional charge.
Programming Warranty
The programming warranty is 90 days, starting at the commission of
the system. Changes or fixes to the system after this time will be
billable at our standard service call rates."
Labor Classifications and Assumptions
Unless mutually agreed upon in writing prior to executing this
agreement, it is the understanding of both parties that Union and/or
Prevailing Wage regulations, specifically those contained in 40
U.S.C. 276a-5, or MN Stat § 177.41-177.44, do not apply to the work
to be performed under this contract.
Unless travel charges are specified, this proposal assumes Tierney
Brothers, Inc. has local certified, licensed and insured technicians
available to complete the integration services. In the event, the
job site is located in a geographical area where this does not apply
or a specific installation time is requested for which this personnel is
not available, additional charges may apply.
All hours for installation are assumed to be between 8am and 5pm
(normal business hours) unless specified in this proposal. Request for
work outside of normal business hours will be subject to the
following increased hourly labor rates:
- Second Shift (3:00pm to 10:00pm) will be billed at one and a
half times our standard labor rate.
- Weekend or Holiday hours will be billed at two times our
standard labor rate.
Requests for installations outside our normal business hours are
subject to approval by the Director of Post Sales Integration.
NOTICE CONFIDENTIAL INFORMATION - The information in this proposal is proprietary and strictly confidential. It is intended solely for the use of the
named parties. If the reader of this proposal is not the intended recipient or the employee or agent responsible to deliver it to the intended
recipient, any dissemination, distribution, copying or other use of the information contained in this document is strictly prohibited. If this has been
received in error, please notify the responsible party immediately and then delete this proposal from all data storage devices and destroy all
hard copies.
Video recording of a Tierney Brothers SMART Certified Trainer or Professional Development session, and copying or distribution of any printed
material supplied by Tierney Brothers Inc., is protected content under copyright licensing and can be used only with express permission from
Tierney Brothers, Inc. Any video or digital content created during a training session can be used only within the organization paying for such
services and cannot be shared online or distributed in any manner.
This quotation is valid for a period of 90 days.
Please initial to acknowledge and authorize the Proposal Terms presented here.
*TIERNEY
Tierney Brothers Premium Warranty Program
Designed for:
City Of Medina
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337*Fax - 612.331.3424
Tierney Brothers, Inc. warrants the installation you have purchased from Tierney Brothers, Inc. from defects in materials and workmanship, under
normal use, during the One Year Premium Warranty period. Normal use is defined as operating the system within its designed specifications.
Included in the One Year Premium Warranty the customer will receive:
• Unlimited Phone Support
• On -site service
• Discounts on Lamps and Accessories
• Preventative Maintenance Check
Preventative Maintenance Check will be completed toward the end of the one year warranty period. The warranty period commences on the
date of customer signoff, at the completion of the install by Tierney Brothers, Inc.
During the warranty period, Tierney Brothers, Inc. will first work to resolve any problems by troubleshooting over the phone. If Tierney Brothers, Inc.
Support Specialists determine that the issue cannot be resolved over the phone, a Technician will be dispatched to your location(s) within 24 hours
(if necessary) of the original call (Monday through Friday 8:00am - 5:00pm, excluding national holidays). Customers outside of a 150 mile radius of
Tierney Brothers, Inc. are subject to mileage and trip charges. If service is required after the One Year Premium Warranty period has expired, the
customer will be billed at Tierney Brothers, Inc. current labor rates. If the customer has purchased a Tiemey Brothers, Inc. Extended Maintenance
Agreement, that will commence at the end of the One Year Premium Warranty. If you would like additional information regarding Tierney
Brothers, Inc. Extended Maintenance Agreements, please contact your Tierney Brothers, Inc. Sales Representative at 612-331-5500.
Obtaining Warranty Service
To obtain warranty service, you must contact a Tierney Brothers, Inc. Support Specialist at 612-331-5500 or by email at
techservice@tierneybrothers.com. The model and serial number on failed equipment may be required when requesting warranty service (if
applicable). The customer will be required to describe the nature of the failure, and may be required to perform other failure identification or
isolation activities while working with the Support Specialist over the phone. An on -site visit will be performed only if it is deemed by Tierney
Brothers, Inc. Support Specialists that the issue can't be resolved over the phone.
Obtaining Your Preventative Maintenance Check
Schedule your preventative maintenance appointment online by visiting the following page and registering for an available time slot on the right
hand side:
http://www.tierneybrothers.com/train ing/29213/PreventativeM aintenanceCheck-Premium W arrantyHolders.aspx
When scheduling your preventative maintenance check please make sure to follow the requirements for scheduling. If you have any questions or
would rather contact a support specialist, please call 612-331-5500, Option 2. You can also email our support specialists at
techicalservice@tierneybrothers.com if you have questions.
Limitations of coverage
The following items are excluded from coverage under the warranty:
a. Equipment that has been removed or reinstalled in a different location
b. Damage or other equipment failure due to causes beyond our control including, but not limited to, operator negligence, the failure to
maintain the equipment according to the owner's manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure,
inadequate power supply, acts of war or acts of God.
c. Any utilization of equipment that is inconsistent with either the design of the equipment or the way the manufacturer intended the equipment
to be used.
d. Premium Warranty covers all hardware related failures. Network or software related failures are not covered under Tierney Brothers, Inc.
Premium Warranty.
e. Operational or mechanical failure which is not reported prior to expiration of this contract.
#TIERNEY
Tierney Brothers Premium Warranty Program
Designed for:
City Of Medina
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337•Fax - 612.331.3424
f. Equipment where the serial plate attached to the equipment is removed, defaced or made illegible.
g. Damage resulting from unauthorized repair, software virus, improper electrical wiring and connections.
h. Existing Owner Furnished equipment.
i. Lift and Scaffolding rental is not included.
This maintenance contract refers to:
Council Chambers Update
8863 R2
I have read, understand and agree to the above terms and conditions per the plan elected.
Authorized Signature:
Date:
*TIERNEY
City Of Medina
Council Chambers Update
8863 R2
Proposal Summary
State Contract Total Job A:
Non Contract Total Job A:
Proposal Total Job A:
State Contract Total Job B:
Non Contract Total Job B:
Proposal Total Job B:
Project Total:
$ 5,236.86
$ 675.00
$ 5,911.86
$ 7,891.05
$ 555.00
$ 8,446.05
3300 University Avenue SE
Minneapolis,. MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337*Fax - 612.331.3424
Please Initial to Accept or Decline
Please Acknowledge All Proposals
Accept Decline
$ 14,357.91 *Proposal total if all quotes are accepted.
The undersigned authorizes Tierney Brothers to proceed in accordance with the proposal including options elected and agrees as
a representative of the client to be responsible for payment.
By signing below, the client has read and understands the scope of services and agrees to the client responsibilities and
conditions.
Client's Name:
Authorized Signature:
*Client's Email Address:
*Client's Email Address:
Date:
*Please note, one or more items on your quote may include software. Our vendors require two unique email addresses with different
domain names to be submitted with software orders. These email addresses will receive the electronic key codes required to download
and install your new software. Please include these two email addresses with your purchase order at the time your order is placed.
#TIERNEY
Monday, July 20, 2015
Michael Brocco
City Of Medina
Proposal for Audio -Visual Service
RE: Council Chambers Update
Opportunity Number: 8863 R2
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337•Fax - 612.331.3424
Scope of Integration Services
Summary of Work to be completed by Tierney Brothers, Inc. at 2052 County Road 24
Medina MN 55340.
(Please initial if address is correct or provide correct address. )
Tierney Brothers incorporated (TBI) is proposing to supply and install AV updates for the Council
Chamber at the City of Medina. Two options are proposed. An audio upgrade and a video
upgrade option are provided in each option.
This quote includes the audio upgrade and the projector option:
Audio Upgrade
TBI will replace the existing table gooseneck microphones with new Shure MX418 Cardiod 18"
gooseneck microphones. Cabling will be wire managed through a floor core and routed into
the OFE equipment cabinet and interfaced with a Biamp Tesira DSP audio processor. This will
clean up the floor cabling currently in place. A wireless handheld microphone and podium
mount will be supplied and installed. TBI will install a wall plate to plug in an existing OFE
wireless mic cart for additional microphone capacity when needed. Outputs from the
processor will feed an OFE Marantz PMD 670 digital audio recorder and a TBI supplied power
amplifier. The amplifier will send audio to two (2) JBL Control 25AV wall mounted speakers for
audio re -enforcement. Additionally TBI will supply an AVF LE 4001 lectern with color choice TBD.
Engineering, Installation, DSP configuration, Project management and training are included.
Projector Option
TBI will replace the existing LCD projector with an Epson G6450WU 4500 Lumen WUXGA LCD
projector. Images will project onto an existing OFE 48" wide projection screen. The image
projected will be 30" X 48" in a 16:10 aspect ratio.
Source to the displays will be an owner provided (OFE) laptop computer. The HDMI signal will
routed using a 25' HDMI cable. Audio for VGA and HDMI via an audio de-embedder will be
routed to the audio processor in the equipment cabinet. The Clients existing (OFE) VGA cable
will be reused.
Client Responsibilities
• Provide wire pathways for all cabling to OFE equipment cabinet
• 120V AC Power at projector location
Note TBI project manager will go over client responsibilities at the project walk-
through/kick-off.
We appreciate the opportunity to present this proposal. If you have any questions, please do
not hesitate to contact us at your convenience at 612-331-5500. Our fax number is 612-331-
3424.
Proposal Prepared By:
Sales Representative - Heidi Harvey
Sales Engineer - Tom Tautges
Please initial to acknowledge and authorize the Scope of Integration Services presented here.
*TIERNEY
Illinois' Indiana 1 Iowa I Michigan 1 Minnesota 'Ohio 'Wisconsin
Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326
(612) 331-5500 1 (800) 933-7337 1 Fax (612) 331-3424
www.tierneybrothers.com
Bill To
City Of Medina
2052 County Road 24
Medina MN 55340
Initial if correct or revise accordingly
Quote
Page 1 of 2
Quote # Date
52429
Ship To
City Of Medina
2052 County Road 24
Medina MN 55340
5/29/2015
Initial if correct or revise accordingly
Expires Sales Rep
Contract
Memo
8/27/2015
209 Heidi Harvey
MNS 21594
B - Audio (SC)
Qty Item
Description
Price
Ext. Price
1
1
2
1
6
1
1
1
1
1
1
1
TesiraFORTE Al
CSA1120Z
Integration Item
SLX24/SM58-G4
Integration Item
Interface System
Furniture/Rack
Solution
Custom Cables,
Connectors, and
Hardware
Services: Design -
State Contract
Services -
Integration for MN
State Contract
Programming and
Configuration
TBIPM1YRWARR
Audio Equipment
TesiraFORTE DSP fixed I/O server with 12 analog inputs, 8 analog
outputs, and 8 channels configurable USB audio
1 x 120W Amplifier, Fanless, 70/100V, 1 U Half -Rack
Control 25AV
Premium Monitor Speaker. 5.25" Two -Way
Handheld System
MX418SE/C
18" Gooseneck w/ Built -in Pre -Amp, and Mute Switch
Owner Furnished Product -Marantz PMD-670 SD Audio Recorder
Custom Package - Interface Plate
Furniture/Rack Solution V-Lectern 48.5" High and 25" deep
Custom Package of Cables, Connectors and Hardware Including:
Bulk Cabling and Misc Hardware
Services: Design - State Contract (Non Construction) Engineering
and Project Management Services 15.63 Hours at $64.00/Hour
State Contract (Non Construction) Installation Services (Non -Union,
Non Prevailing Wage; Normal Business Hours). Union and/or
Prevailing Wage rate requirement will result in a change order to the
client. 15.74 Hours at $70.00/Hour
Programming and Configuration Completed in the Field or In House
3.11 Hours at $115.00/Hour
Includes 90-day Programming Warranty; allowing for modifications to
be made to the initial functionality within this time frame at no charge.
Appointment times determined by Tierney Brothers. Changes
requested after this time will be billable at standard hourly rates.
Tierney Brothers, Inc. Premium Warranty Plan - Coverage for one
year with preventative maintenance.
If tax has not been included on this proposal, pricing does not
include Minnesota General Sales Tax under Minnesota Statues
Chapter 297A Section 70 "Exemptions for Governments and
Nonprofit Groups" Please inform us if this project will be used for
1,532.82
359.03
155.77
484.50
192.66
100.89
415.31
441.00
1,000.00
1,102.00
358.00
630.00
1,532.82
359.03
311.54
484.50
1,155.96
100.89
415.31
441.00
1,000.00
1,102.00
358.00
630.00
1TIERNEY
Quote
Page 2 of 2
Quote # Date
52429
5/29/2015
Qty Item Description
Price Ext. Price
taxable purposes.
If tax has been included on this proposal, we do not have a tax
exempt form on file for your account. Please provide a completed
Form ST3, Certificate of Exemption if applicable.
*This quotation is for product and services included on the
Minnesota State Contract only.
*Additional components not available on Contract may be needed for
the system to function as designed.
* Installation and non contract items provided on separate quotation.
The services on this page must be purchased in conjunction with the
Integration services on the Contract Release portion of this proposal.
* Cabling is a combination of pre -terminated product and bulk cable
requiring termination with a specific compression tool.
* Manufacturer's warranties only apply to product purchased on State
Contract portion of this proposal.
*Tierney Brothers, Inc. will assist in any vendor communications to
obtain replacements or return product as specified in the Contract.
To accept this quotation, complete the proposal summary page at the end of this document. Please
review the terms, conditions and client responsibilities of this proposal in full.
The information contained within this proposal is supplied to you on a confidential basis and is not for
disclosure to any organization without written consent of Tierney Brothers, Inc.
Total $7,891.05
*TIERNEY
Illinois I Indiana I Iowa I Michigan I Minnesota I Ohio I Wisconsin
Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326
(612) 331-5500 I (800) 933-7337 I Fax (612) 331-3424
www.tierneybrothers.com
Bill To
City Of Medina
2052 County Road 24
Medina MN 55340
Initial if correct or revise accordingly
Quote
Quote # Date
52503
Ship To
City Of Medina
2052 County Road 24
Medina MN 55340
6/1 /2015
Initial if correct or revise accordingly
Expires Sales Rep
Contract
Memo
8/30/2015
209 Heidi Harvey
Transaction Not Eligible
B - Audio (NC)
Qty Item
Description
Price
Ext. Price
1
1
1
Services -
Integration for MN
State Contract
Integration Item
AD12B
Non -Contract Services - This sale is consistent with the "Contract
Release Construction Language Modification" associated with the
MN State Contract.
Non Contract Installation Services - Construction Services by a
Contract Vendor (Union; Normal Business Hours) 7 Hours at
$75.00/Hour
WindTech GN13
13" Gooseneck, Chrome
Surface Mount Male Microphone Flange with 5/8'-27 Thread in
Chrome
525.00
11.00
9.00
525.00
11.00
9.00
To accept this quotation, complete the proposal summary page at the end of this document. Please
review the terms, conditions and client responsibilities of this proposal in full.
The information contained within this proposal is supplied to you on a confidential basis and is not for
disclosure to any organization without written consent of Tierney Brothers, Inc.
Subtotal 545.00
Shipping Cost (UPS Ground) 10.00
Total $555.00
*TIERNEY
Illinois' Indiana 1 Iowa I Michigan 1 Minnesota 'Ohio 'Wisconsin
Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326
(612) 331-5500 1 (800) 933-7337 1 Fax (612) 331-3424
www.tierneybrothers.com
Bill To
City Of Medina
2052 County Road 24
Medina MN 55340
Initial if correct or revise accordingly
Quote
Page 1 of 2
Quote # Date
55423
Ship To
City Of Medina
2052 County Road 24
Medina MN 55340
7/17/2015
Initial if correct or revise accordingly
Expires Sales Rep
Contract
Memo
10/15/2015
209 Heidi Harvey
MNS 21594
C-Council Chambers(SC)Projector R2
Qty Item
Description
Price
Ext. Price
1
1
1
1
1
1
1
PowerLite 4855WU
RPA-OW
HAE 100
MBU 123 70-212-01
Wireless Presenter
R400
Custom Cables,
Connectors, and
Hardware
Services: Design -
State Contract
Services -
Integration for MN
State Contract
Programming and
Configuration
TBIPM1 YRWARR
Video Equipment
EPSON 4855WU WUXGA 3 LCD Projector - 4000 Lumens
Milestone Projector Mount Original Style White
Owner Furnished Product -Projector Pipe and Ceiling Flange
HAE 100 HDMI Audio De-Embedder
Under Desk Mounting Kit (1/4 Rack)
Logitech R400 Wireless Presenter. Control LCD timer: Set
automatic, inaudible warnings that help you manage your delivery.
Built-in slideshow controls: Start/end slideshow, slide forward/back,
black screen, volume control. Integrated laser pointer: Highlight key
points in your presentation. Freedom Storable 2.4 GHz wireless
receiver: 50-foot operating range lets you roam freely during the
presentation. Convenience Total power management: Up to 6 months
battery life, LCD battery status indicator, and convenient on/off
switch. Travels anywhere: Includes a storable receiver and carrying
case. Plug and play: No software required for your Windows -based
PC -plug in the wireless receiver and start making your point.
Custom Package of Cables, Connectors and Hardware Including:
HDMI, Bulk Cabling and Misc Hardware
Services: Design - State Contract (Non Construction) Engineering
and Project Management Services 6.63 Hours at $64.00/Hour
State Contract (Non Construction) Installation Services (Non -Union,
Non Prevailing Wage; Normal Business Hours). Union and/or
Prevailing Wage rate requirement will result in a change order to the
client. 7.66 Hours at $70.00/Hour
Programming and Configuration Completed in the Field or In House
3.11 Hours at $115.00/Hour
Includes 90-day Programming Warranty; allowing for modifications to
be made to the initial functionality within this time frame at no charge.
Appointment times determined by Tierney Brothers. Changes
requested after this time will be billable at standard hourly rates.
Tierney Brothers, Inc. Premium Warranty Plan - Coverage for one
year with preventative maintenance.
*This quotation is for product and services included on the
Minnesota State Contract only.
1,896.40 1,896.40
138.97 138.97
454.25 454.25
28.75 28.75
48.95 48.95
366.75
424.00
536.00
358.00
450.00
366.75
424.00
536.00
358.00
450.00
-F
TIERNEY
Quote
Page 2 of 2
Quote # Date
55423
7/17/2015
Qty Item Description
Price Ext. Price
*Additional components not available on Contract may be needed for
the system to function as designed.
* Installation and non contract items provided on separate quotation.
The services on this page must be purchased in conjunction with the
Integration services on the Contract Release portion of this proposal.
* Cabling is a combination of pre -terminated product and bulk cable
requiring termination with a specific compression tool.
* Manufacturer's warranties only apply to product purchased on State
Contract portion of this proposal.
* Tierney Brothers, Inc. will assist in any vendor communications to
obtain replacements or return product as specified in the Contract.
If tax has not been included on this proposal, pricing does not
include Minnesota General Sales Tax under Minnesota Statues
Chapter 297A Section 70 "Exemptions for Governments and
Nonprofit Groups" Please inform us if this project will be used for
taxable purposes.
If tax has been included on this proposal, we do not have a tax
exempt form on file for your account. Please provide a completed
Form ST3, Certificate of Exemption if applicable.
To accept this quotation, complete the proposal summary page at the end of this document. Please
review the terms, conditions and client responsibilities of this proposal in full.
The information contained within this proposal is supplied to you on a confidential basis and is not for
disclosure to any organization without written consent of Tierney Brothers, Inc.
Total $4,702.07
*TIERNEY
Illinois I Indiana I Iowa I Michigan I Minnesota I Ohio I Wisconsin
Remit To: 3300 University Avenue SE, Minneapolis, MN 55414-3326
(612) 331-5500 I (800) 933-7337 I Fax (612) 331-3424
www.tierneybrothers.com
Bill To
City Of Medina
2052 County Road 24
Medina MN 55340
Initial if correct or revise accordingly
Quote
Quote # Date
55445
Ship To
City Of Medina
2052 County Road 24
Medina MN 55340
7/17/2015
Initial if correct or revise accordingly
Expires Sales Rep
Contract
Memo
10/15/2015
209 Heidi Harvey
Transaction Not Eligible
C-Council Chambers(NC)Projector R2
Qty Item
Description
Price
Ext. Price
1
Services -
Integration for MN
State Contract
Non -Contract Services - This sale is consistent with the "Contract
Release Construction Language Modification" associated with the
MN State Contract.
Non Contract Installation Services - Construction Services by a
Contract Vendor (Union; Normal Business Hours) 4 Hours at
$75.00/Hour
300.00
300.00
To accept this quotation, complete the proposal summary page at the end of this document. Please
review the terms, conditions and client responsibilities of this proposal in full.
The information contained within this proposal is supplied to you on a confidential basis and is not for
disclosure to any organization without written consent of Tierney Brothers, Inc.
Total $300.00
§TIERNEY
Responsibilities and Conditions
Client Responsibilities
Contract a licensed electrician to provide high voltage power
connections. The system design will determine if optimum
placement of outlets is best achieved before or after the installation
of the AV equipment. The assigned Project Manager will
communicate the specific to you during the project planning.
Tierney Brothers recommends that each projector, TV, plasma, LCD,
etc. have a dedicated quad electrical outlet.
Provide Tierney Brothers with any existing system design
specifications, diagrams, room drawings or other materials that
would facilitate completion of the proposed Scope of Integration
Services.
All necessary ceiling the work involved in the installation, unless an
alternative has been indicated in the Scope of Integration Services
in this proposal.
Prepare, replace, repair or modify any structural or cosmetic
changes that Tierney Brothers has made or needs to make. This
includes, but is not limited to, ceiling grids, floor tiles, walls and pre-
existing equipment. This does not include repair for accidental
damage caused by Tierney Brothers.
Confirm area is ready for installation when scheduled. This includes
but is not limited to the room being vacated, physical conditions
confirmed and owner furnished equipment (OFE) available. If the
area is not prepared for installation when scheduled or the client
has not notified Tierney Brothers five business days in advance of any
schedule change or installation cancellation, there will be a $350.00
charge. Rescheduling of the installation will be set for a later date
as determined by Tierney Brothers.
TBI will not be responsible for the condition and functionality of any
existing OFE during the installation process. This includes de -install
and reinstall of OFE. Should existing equipment fail or not work
properly with our system design, the customer will have the option of
sourcing a TBI approved replacement part or TBI will offer a billable
replacement alternative. If OFE malfunction causes delays in the
installation timeframe, additional billable labor charges may apply.
Clients purchasing SMART product are responsible for loading all
SMART software on the applicable computers and connection of
these computers to the SMARTboard prior to any scheduled training
sessions.
Complete Customer Configuration Worksheets as requested by
Tierney Brothers within five business days. This information is required
to properly integrate the new equipment with your existing IT
infrastructure.
TBI requires access to customer's computer and network at the time
of installation to be able to complete installation and testing of the
designed system. Return visits to test equipment and functionality
may result in additional charges.
TBI's initial estimates assume all work may be completed using
standard ladders. If a lift is required, additional charges will be
incurred and presented as part of a change request.
For U of M Installations only: University of Minnesota customers are
responsible for contacting their Facilities Management Department
to coordinate conduit installation for all A/V wire and cable
installations.
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
6 12.331.55004, 800.933.73374, Fax - 612.331.3424
Tierney Brothers Responsibilities (Upon Authorization)
Proceed with ordering the specified equipment and preparing a
schedule for completion of the proposed services.
Conduct pre -installation site visit (if necessary) involving the main site
contact, site facilities representatives and a Tierney Brothers' project
manager or a qualified alternate.
Review scope, terms and conditions of the installation with the client
at the pre -installation site visit. This will include, but is not limited to
electrical, construction and cosmetic responsibilities.
Basic system training, separate from Professional Development, is
included in this proposal. This training will be scheduled and
completed by a Tierney Brothers' representative at the end of the
project installation.
If Professional Development is part of this proposal, sessions must be
scheduled within six months of install completion.
Clients purchasing SMARTboards: After the installation of the
SMARTboard is complete, the SMARTboard USB connection will be
tested using the Tierney Brothers installer's laptop. After system
functionality is confirmed, the USB connection will be hooked into
the client's computer if it is present in the space.
For safety reasons, Tierney Brothers will not modify/cut the trays on
existing white boards or chalk boards. A solution for mounting over
the existing board will be proposed. Any modifications to the
existing board would need to be made by the customer prior to the
arrival for Tierney Brothers' installation personnel.
Scheduling
Installations are typically scheduled six to eight weeks from receipt
of the customer's purchase order. Custom ordered product may
increase the time needed to complete the proposed services.
Standard service and support is limited to Monday through Friday,
8:00 AM to 5:00 PM central standard time, excluding national
holidays. Expanded service hours may be available for an
additional charge if determined necessary.
This schedule assumes no delays or obstacles will be encountered in
gaining access for the installation.
Site Conditions
Tierney Brothers cannot enter into work in or otherwise disturb any
areas containing asbestos.
Tierney Brothers recommends that each Projector, TV, Plasma, LCD,
etc. have a duplex receptacle fed off of a dedicated 20 amp
circuit available for use. Systems containing multiple racks of
amplifiers or other equipment may require additional circuits.
Please initial to acknowledge and authorize the Responsibilities and Conditions presented here.
*TIERNEY
Accounting Terms
Proposal Terms
Other Terms
For installations scheduled to take 30 days or less from the first day
on site to the last, Tierney Brothers will invoice the total project in full
upon substantial completion. Tierney Brothers reserves the right to
bill progressively for installations which are scheduled to take more
than 30 days on site. The balance is due Net 30 days from the
installation completion date, with 2% interest added to unpaid
balance.
Sales Taxes
All applicable sales tax amounts will be charged on the sale of
goods or services according to each governing law and remitted
to the proper taxing authority. If your organization is tax exempt,
please complete an exemption certificate and return to Tierney
Brothers.
Proposal Changes
If additional products or services are requested prior to receipt of
your signed purchase order or quote proposal, Tierney Brothers will
provide an updated quote proposal, including a revised scope. If
additional products or services are requested after receipt of your
signed purchase order or quote proposal, Tierney Brothers will
provide a change request quote with the requested equipment
and scope to detail the requested changes for your approval.
Upon receipt of your signed purchase order or quote proposal,
Tierney Brothers will proceed with the authorized services and
invoice in accordance with the purchase order or quote proposal.
Verbal agreements will not be processed until confirmation, in
writing, has been received.
There may be a 20% to 30% restocking fee plus freight charges for
those items ordered which have to be returned to the
manufacturer due to customer request or by change of order.
Custom order products and certain product lines not typically
carried by Tierney Brothers may not be returned.
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337•Fax- 612.331.3424
Installation Warranty
See specific warranty coverage program outlined in this proposal.
Repair or replacement service for TBI installed consumer grade
monitors/displays are subject to manufacturer warranty and
service. TBI does offer de-install/re-install assistance for vendor
warranty repair or replacement at an additional charge.
Programming Warranty
The programming warranty is 90 days, starting at the commission of
the system. Changes or fixes to the system after this time will be
billable at our standard service call rates."
Labor Classifications and Assumptions
Unless mutually agreed upon in writing prior to executing this
agreement, it is the understanding of both parties that Union and/or
Prevailing Wage regulations, specifically those contained in 40
U.S.C. 276a-5, or MN Stat § 177.41-177.44, do not apply to the work
to be performed under this contract.
Unless travel charges are specified, this proposal assumes Tierney
Brothers, Inc. has local certified, licensed and insured technicians
available to complete the integration services. In the event, the
job site is located in a geographical area where this does not apply
or a specific installation time is requested for which this personnel is
not available, additional charges may apply.
All hours for installation are assumed to be between 8am and 5pm
(normal business hours) unless specified in this proposal. Request for
work outside of normal business hours will be subject to the
following increased hourly labor rates:
- Second Shift (3:00pm to 10:00pm) will be billed at one and a
half times our standard labor rate.
- Weekend or Holiday hours will be billed at two times our
standard labor rate.
Requests for installations outside our normal business hours are
subject to approval by the Director of Post Sales Integration.
NOTICE CONFIDENTIAL INFORMATION - The information in this proposal is proprietary and strictly confidential. It is intended solely for the use of the
named parties. If the reader of this proposal is not the intended recipient or the employee or agent responsible to deliver it to the intended
recipient, any dissemination, distribution, copying or other use of the information contained in this document is strictly prohibited. If this has been
received in error, please notify the responsible party immediately and then delete this proposal from all data storage devices and destroy all
hard copies.
Video recording of a Tierney Brothers SMART Certified Trainer or Professional Development session, and copying or distribution of any printed
material supplied by Tierney Brothers Inc., is protected content under copyright licensing and can be used only with express permission from
Tierney Brothers, Inc. Any video or digital content created during a training session can be used only within the organization paying for such
services and cannot be shared online or distributed in any manner.
This quotation is valid for a period of 90 days.
Please initial to acknowledge and authorize the Proposal Terms presented here.
*TIERNEY
Tierney Brothers Premium Warranty Program
Designed for:
City Of Medina
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337*Fax - 612.331.3424
Tierney Brothers, Inc. warrants the installation you have purchased from Tierney Brothers, Inc. from defects in materials and workmanship, under
normal use, during the One Year Premium Warranty period. Normal use is defined as operating the system within its designed specifications.
Included in the One Year Premium Warranty the customer will receive:
• Unlimited Phone Support
• On -site service
• Discounts on Lamps and Accessories
• Preventative Maintenance Check
Preventative Maintenance Check will be completed toward the end of the one year warranty period. The warranty period commences on the
date of customer signoff, at the completion of the install by Tierney Brothers, Inc.
During the warranty period, Tierney Brothers, Inc. will first work to resolve any problems by troubleshooting over the phone. If Tierney Brothers, Inc.
Support Specialists determine that the issue cannot be resolved over the phone, a Technician will be dispatched to your location(s) within 24 hours
(if necessary) of the original call (Monday through Friday 8:00am - 5:00pm, excluding national holidays). Customers outside of a 150 mile radius of
Tierney Brothers, Inc. are subject to mileage and trip charges. If service is required after the One Year Premium Warranty period has expired, the
customer will be billed at Tierney Brothers, Inc. current labor rates. If the customer has purchased a Tiemey Brothers, Inc. Extended Maintenance
Agreement, that will commence at the end of the One Year Premium Warranty. If you would like additional information regarding Tierney
Brothers, Inc. Extended Maintenance Agreements, please contact your Tierney Brothers, Inc. Sales Representative at 612-331-5500.
Obtaining Warranty Service
To obtain warranty service, you must contact a Tierney Brothers, Inc. Support Specialist at 612-331-5500 or by email at
techservice@tierneybrothers.com. The model and serial number on failed equipment may be required when requesting warranty service (if
applicable). The customer will be required to describe the nature of the failure, and may be required to perform other failure identification or
isolation activities while working with the Support Specialist over the phone. An on -site visit will be performed only if it is deemed by Tierney
Brothers, Inc. Support Specialists that the issue can't be resolved over the phone.
Obtaining Your Preventative Maintenance Check
Schedule your preventative maintenance appointment online by visiting the following page and registering for an available time slot on the right
hand side:
http://www.tierneybrothers.com/train ing/29213/PreventativeM aintenanceCheck-Premium W arrantyHolders.aspx
When scheduling your preventative maintenance check please make sure to follow the requirements for scheduling. If you have any questions or
would rather contact a support specialist, please call 612-331-5500, Option 2. You can also email our support specialists at
techicalservice@tierneybrothers.com if you have questions.
Limitations of coverage
The following items are excluded from coverage under the warranty:
a. Equipment that has been removed or reinstalled in a different location
b. Damage or other equipment failure due to causes beyond our control including, but not limited to, operator negligence, the failure to
maintain the equipment according to the owner's manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure,
inadequate power supply, acts of war or acts of God.
c. Any utilization of equipment that is inconsistent with either the design of the equipment or the way the manufacturer intended the equipment
to be used.
d. Premium Warranty covers all hardware related failures. Network or software related failures are not covered under Tierney Brothers, Inc.
Premium Warranty.
e. Operational or mechanical failure which is not reported prior to expiration of this contract.
#TIERNEY
Tierney Brothers Premium Warranty Program
Designed for:
City Of Medina
3300 University Avenue SE
Minneapolis, MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337•Fax - 612.331.3424
f. Equipment where the serial plate attached to the equipment is removed, defaced or made illegible.
g. Damage resulting from unauthorized repair, software virus, improper electrical wiring and connections.
h. Existing Owner Furnished equipment.
i. Lift and Scaffolding rental is not included.
This maintenance contract refers to:
Council Chambers Update
8863 R2
I have read, understand and agree to the above terms and conditions per the plan elected.
Authorized Signature:
Date:
*TIERNEY
City Of Medina
Council Chambers Update
8863 R2
Proposal Summary
State Contract Total Job A:
Non Contract Total Job A:
Proposal Total Job A:
State Contract Total Job C:
Non Contract Total Job C:
Proposal Total Job C:
Project Total:
$ 5,236.86
$ 675.00
$ 5,911.86
$ 4,702.07
$ 300.00
$ 5,002.07
3300 University Avenue SE
Minneapolis,. MN 55414-3326
www.tierneybrothers.com
612.331.5500•800.933.7337*Fax - 612.331.3424
Please Initial to Accept or Decline
Please Acknowledge All Proposals
Accept Decline
$ 10,913.93 *Proposal total if all quotes are accepted.
The undersigned authorizes Tierney Brothers to proceed in accordance with the proposal including options elected and agrees as
a representative of the client to be responsible for payment.
By signing below, the client has read and understands the scope of services and agrees to the client responsibilities and
conditions.
Client's Name:
Authorized Signature:
*Client's Email Address:
*Client's Email Address:
Date:
*Please note, one or more items on your quote may include software. Our vendors require two unique email addresses with different
domain names to be submitted with software orders. These email addresses will receive the electronic key codes required to download
and install your new software. Please include these two email addresses with your purchase order at the time your order is placed.
CONTINGENT SETTLEMENT AGREEMENT
This Contingent Settlement Agreement (the "Agreement") is made and entered as of the
latest date entered on the signature pages of this Agreement (the "Effective Date") by and
between Stonegate Farm Inc., a Minnesota corporation ("Stonegate"), and Property Resources
Development Corporation, Inc., a Minnesota corporation ("PRDC"), and the City of Medina, a
Minnesota municipal corporation (the "City"). Stonegate and PRDC are referred to collectively
as the "Applicants" and the City, Stonegate and PRDC may be referenced individually as a
"Party" or collectively as the "Parties."
RECITALS
WHEREAS, the Applicants, as co -Plaintiffs, brought two separate lawsuits against the
City captioned Stonegate Farm Inc, and Property Resources Development Corporation, Inc, v.
City of Medina, Court File No, 13-CV-1899 (D. Minn. 2013) (JRT/SER), and Stonegate Farm
Inc. and Property Resources Development Corporation, Inc, v. City of Medina, Court File No.
27-CV-13-12516 (Hennepin County Dist. Ct. 2013) (Judge Susan Robiner), (collectively, the
"Lawsuits");
WHEREAS, among other claims, the Lawsuits allege violations of the United States and
Minnesota constitutions and Minnesota statutes in connection with the City's denial of a
preliminary plat application for a proposed subdivision known as Tamarack Ridge encompassing
property located in the City, specifically, parcels identified as Pia Nos. 2111823310001,
2111823340002, and 2111823340003 (collectively, the "North 80 Acres"), as well as additional
claims that relate to P.I.D. No. 2811823240001 (the "South 90 Acres");
WHEREAS, among other litigation activities, the Parties have completed initial
disclosures, written discovery and depositions; participated in two settlement conferences with
United States Magistrate Judge Steven E. Rau; and independently have comprehensively
discussed over several weeks various possible avenues of settlement of the Lawsuits;
WHEREAS, the Parties desire to stay the Lawsuits in their entirety and pursue
settlement on the terms set forth in this Agreement with the goal, if all conditions of settlement
are ultimately satisfied, that the Parties would then be required to stipulate to the dismissal of the
Lawsuits, with prejudice;
WHEREAS, the Parties wish to, and have agreed, on a contingent basis, to settle and
resolve their differences, according to the terms and the process set forth more fully in this
Agreement, regarding property located in the City of Medina consisting of the North 80 Acres
and the South 90 Acres owned by Stonegate (collectively, the "Subject Property"); and
WHEREAS, the Parties each acknowledge and understand that approval of this
Agreement by the City must occur at a duly called and noticed public meeting of the, Medina
City Council.
1
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants
set forth below, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
1. Incorporation. The foregoing Recitals are hereby fully incorporated into and made part
of this Agreement.
2. Use for Settlement Purposes Only. The Parties understand and agree that this
Agreement is subject to Minn R. Evid. 408 and Fed. R. Evid. 408. This Agreement, a
Conservation Design Plan Unit Development Application (the "Application"), and the City's
actions on either this Agreement or the Application will be inadmissible in evidence in any
proceeding between the City and the Applicants.
3. Compliance with City Ordinances and Regulations. Except as otherwise may be
stated specifically herein or in a contemplated development agreement between the Applicants
and the City (the "Development Agreement"), the Applicants will be subject to and comply with
all applicable state laws and City Codes, ordinances, and regulations.
4. The Application Process. The Parties understand that the City's Conservation Design
District ("CD") and Planned Unit Development ("PUD") ordinance processes will be followed
by the Applicants to seek necessary land use approvals and regulatory approvals for their
Application. The CD and PUD ordinances generally require the following steps:
a. CD-PUD Concept Plan
The CD-PUD Concept Plan phase requires the Applicants to submit a plan demonstrating the
intended project (the "Project"). The Applicants agree to submit the materials as may be
required by City Code § 827.33, subd. 2 for the Concept Plan of the Project. The City will
hold public hearings on the proposal per Code requirements. As identified within the Code,
the Concept Plan phase results in a non -binding comments from the Planning Commission
and City Council regarding the Project.
b. CD PUD General Plan of Development
The CD-PUD General Plan of Development phase requires the Applicants to submit
materials as may be required .by City Code §§ 820.25, 827.35 subd. 3, 827.65 subd. 2,
828.33, and 828.43. The City will hold public hearings on the General Plan of Development
per ordinance requirements.
c. Development Agreement and Final Plat
The City understands that, if the Application is approved by the Medina City Council, a
Development Agreement consistent with this Agreement, the Concept Plan, the General Plan
of Development and applicable laws and regulations will be negotiated between the
Applicants and the City and that Stonegate, upon final approval of the Application and
2
execution of the Development Agreement, will provide necessary signatures and record the
Final Plat. The City understands that the Applicants intend to phase the Project over a period
of no longer than 15 years from the approval of the Application and, that most likely, the
initial Final Plat will reflect only the lots and blocks contemplated for Phase I of the Project
with the subsequent phases to be identified as outlots.
5. Project Development Components. Within 60 calendar days following the Effective
Date (the "Initial Application Period"), the Applicants will initiate the application process for the
Application by submitting a CD-PUD Concept Plan for the Subject Property. The following
development components are identified and will be addressed throughout the review process:
a. Wetland Delineation. The Applicants have prepared two wetland delineations for the
Subject Property, each of which was used in planning for the Project. The following
summary of each wetland delineation conducted to date is provided as background for
subsequent sections of this Agreement:
L 2007 Wetland Delineation: In 2007, the Applicants prepared and
submitted a wetland delineation report for the entirety of the Subject
Property. At time of delineation, the Subject Property was planted in a
Conservation Reserve Program ("CRP") Cover Practice that included native
grasses that had been planted for approximately 10 years. The Technical
Evaluation Panel ("TEP") and the City reviewed and approved the 2007
Wetland Delineation and identified approximately 41.5 acres of delineated
wetlands (the "2007 Delineation").
it 2011 Wetland Delineation: In 2011, the Applicants prepared and
submitted a draft wetland delineation report dated November 17, 2011
encompassing the entirety of the Subject Property and that identified
approximately 38.9 acres of delineated wetlands (the "2011 Delineation").
At time of delineation, the Subject Property was in agricultural production,
with previous season plantings, including corn and soybeans. Due to
concerns of the TEP related to agricultural practices in and around the
wetlands identified within the report as Nos. 6, 9, 10 and 13 (see Exhibit
A), the Applicants submitted a revised wetland delineation report dated
February 3, 2012 encompassing only the North 80 Acres that the TEP and
the City reviewed and approved [the "2012 Delineation (North 80 Acres)"].
The Applicants aclnowledge that the 2011 Delineation reflects a net loss of
approximately 2.6 acres of wetland on the Subject Property as compared to the 2007
Delineation. Applicants further acknowledge that, as of the Effective Date, based
upon available information, the South 90 Acres includes approximately 6.44 acres of
wetlands.
b. Conservation Area. The Application will include permanent dedication of
Conservation Area and Open Space, as defined in City Code § 827.57, subd. 7 and 9,
respectively. As required by City Code § 827.59, subd. 2(a), the Conservation Area
3
on the Subject Property will consist of not less than 30% of the total Buildable Land
Area, as defined in City Code § 827.57, subd. 2, and such Conservation Area will be
placed in one or more Conservation Easements, as defined in City Code § 827.57,
subd. 5. The Applicants will use the 2011 Delineation and calculations necessary to
determine areas of slopes greater than 18%, required wetland buffers, and land
contained within the 100 year floodplain for the purpose of calculating the Buildable
Land Area in order to establish the necessary Conservation Areas as set forth in the
CD-PUD requirements for purpose of the Application. The Parties agree that the
2012 Delineation (North 80 Acres) is an approved delineation and that it will be
accepted by the City for purposes of the City's consideration of the Applicant's
calculation of the Buildable Land Area and establishment of Conservation Area and,
if approval of the Application occurs, for negotiations and execution of the
Development Agreement, provided such Development Agreement is executed within
1 year of the Effective Date, regardless if the approved 2012 Delineation (North 80
Acres) would otherwise expire by operation of law.
c. Land Stewardship. The Application will include a Land Stewardship Plan in
accordance with City Code § 827.65. The Applicants will use the 2007 Delineation
for the wetland areas in question identified as Wetland Nos. 6, 9, 10 and 13 in the
2011 wetland delineation. See Exhibit A. The 2007 Delineation associated with the
wetland areas in question contains approximately 3.0 additional acres of wetland that
the Applicants agree to include the equivalency in area in restoration and planning
efforts that will be detailed within the Land Stewardship Plan. Prior to any
application for Final Plat and Final Land Stewardship Plan approval of any phase of
the Project, the Applicants will identify and secure a holder, which shall not be the
City, for the Conservation Easements pursuant to City Code § 827.63.
d. Density Bonus of 190%. Pursuant to City Code § 827.61, the City has discretion to
allow additional density above and beyond that which would be allowed in the Rural
Residential District in developments using the Conservation Design District
ordinance. The Application will include calculations for density on the Subject
Property using the following "Density Bonus" formula: the number of individual lots
allowed as Base Density for the North 80 Acres plus the number of individual lots
allowed as Base Density for the South 90 Acres; the sum of those numbers will be
multiplied by 1.90 to determine the number of individual lots allowed for the Project
on the Subject Property. Any fractional remainder will be rounded to the nearest
whole number. Base Density in the Rural Residential District in the City is governed
by a requirement of at least 5 acres of contiguous suitable soils (not including wetland
areas or areas within the 100-year flood plain) using the Suitable and Non -Suitable
Soils List found in City Code § 820.29, subd. 5 and the current Hennepin County Soil
Survey. Base Density for purposes of the Application will be determined as follows:
i. North 80 Acres. With regard to the North 80 Acres, the Applicants will use
a Base Density count of 8 lots as shown on the Tamarack Ridge Preliminary
Plat previously prepared and certified by Sathre-Bergquist, including Satire-
4
Bergquist's certifications as to "Suit. Soils Area" on each of the 8 lots
shown on the Tamarack Ridge Preliminary Plat.
ii. South 90 Acres. With regard to the South 90 Acres, the Applicants have
estimated Base Density using the 2011 Delineation, yielding a Base Density
of a minimum of 14 individual lots attributable to the South 90 Acres. Such
estimate is consistent with the City's calculations made in connection with
the 2013 Willow Drive Improvement Project. As a condition of approval of
Applicants' preliminary plat submitted in connection with their CD-PUD
General Plan of Development, Applicants will obtain and submit an
approved wetland delineation for the South 90 Acres prior to or concurrent
with any application for Final Plat approval. ("New Approved
Delineation"). Sathre-Bergquist, or some other licensed' professional
engineer meeting City approval, will verify the total acreage of suitable soils
as defined by City Code on such New Approved Delineation, using the same
verification language appearing on the Tamarack Ridge Preliminary Plat
Application. If the New Approved Delineation shows an increase of
wetland area of 1.6 acres or less as compared to the 2011 Delineation as
applied to the South 90 Acres, no change in the calculation of Base Density
will be required. If the New Approved Delineation shows an increase of
wetland area of more than 1 6 acres as compared to the 2011 Delineation as
applied to the South 90 Acres, the calculation of overall Base Density for
the South 90 Acres will be based solely on the New Approved Delineation
and Applicants will adjust their plans for the Project accordingly.
e. Road Networlc. The Application will include a plan and specifications for an internal
road network of rural section roadways on the Subject Property. Exhibit B is a
preliminary Concept Plan that will be refined prior to the Applicant's formal
submittal of its Concept Plan, but is conceptually described herein.
i. Specifications.
The internal road network will connect to existing public streets in two
locations: (a) Homestead Trail and (b) Deer Hill Road (east of the Subject
Property). The Main Access Road, as shown and identified generally in
Exhibit B, will be dedicated as a public street, and will be constructed in full
as part of the first phase of the development. The Main Access Road will be
constructed according to City specifications with a 24-foot paved surface
within a 60-foot right-of-way. If any portion of the Main Access Road is to be
located outside the City limits, the Applicants, with City cooperation, will
obtain all necessary approvals and secure permanent easements from all
appropriate authorities in such locations for future access and maintenance.
The Applicants shall dedicate necessary easements from property in Orono for
the public roadway. The remainder of the roads in the internal road network
will be constructed according to City specifications with no less than a 22-foot
paved surface within an outlot sufficient to contain a 50-foot right-of-way and
5
will be constructed and paid for by the Applicants consistent with the phasing
of the Project.
ii. Financing and Deferral.
(a) Financing. Construction of the Main Access Road, including the full
cost of design and constriction, will be financed by the sale of municipal
bonds with a fifteen -year tern, carrying an interest rate equal to the City's
cost of financing the project, plus 2%, rounded up to the nearest quarter point
over such rate, and will be assessed against the Subject Property pursuant to
Minn Stat. Chap. 429 (the "Assessments"). The Applicants will execute a
waiver of any challenge to the Assessments in a manner acceptable to the City
and conforming to Minn. Stat. § 462.3531 for the entire amount of the
Assessments, which will be binding on the Subject Property. The
Assessments will be reapportioned in accordance with Minn Stat. § 429.071,
subd. 3. The remainder of the internal road network and any and all other
infrastructure improvements will be paid for by the Applicants, subject to the
terns of subsequent development agreements, if any, for subsequent phases of
the Project.
(b) Deferral. The Assessment for each individual lot will be due and payable
at the time of the closing of the sale of each lot or upon and as a condition of
the issuance of a building permit for any such lot, whichever is earlier. Any
Assessment amounts remaining unpaid 12 years after the Effective Date of
this Agreement will be payable in equal installments so as to be fully paid
within 3 years. Deferred Assessments will accrue interest at the rate as
calculated above on all unpaid amounts during and after the deferral period.
f. Sewage Treatment. The Application will include a proposal for individual residential
home sites using individual and/or shared septic systems for sewage treatment. Such
systems will be designed in accordance with Minnesota law. Applicants will use
individual systems for all lots in all locations of the Subject Property where such
systems are possible without reducing the overall number of individual lots.
l Individual Septic Systems. Pursuant to City Code § 827.71, subd. 1 & 2,
lots serviced by individual septic systems will be platted in such a way as to
allow for primary drain fields on each lot and secondary drain fields either
(i) on each lot or (ii) in proximity to the lot but partially or entirely within
the designated Conservation Areas or other Open Spaces on the Subject
Property.
ii. Shared Septic Systems. City Code § 827.71, subd. 3 states: "The City may
consider shared sewage treatment systems which are consistent with
Minnesota Pollution Control Agency (MPCA) regulations and relevant City
ordinances, provided adequate agreements are in place related to monitoring
and maintenance to identify a primary and secondary drainfield site." If any
6
g•
shared septic systems are to be used on the Subject Property, the Subject
Property must be platted consistent with Minnesota state law, comply with
the provisions of Minn. Stat. Chap. 84C, and meet any restrictions placed on
the use of any Conservation Area by the holder or holders of the
conservation easements.
Use of Conservation Area for Septic Systems. Applicants understand that
the City's exercise of discretion to grant a Density Bonus of 190% of Base
Density as described and calculated herein is based in substantial part on the
expected land area, quality, and character of the Conservation Area in the
Project. Use of Conservation Area for individual or shared septic systems,
depending on design, location, purpose, or other factors, may affect the
quality and character of such areas. With respect to individual septic
systems, the design of such systems will comply with the requirements as
set out in Section 5(f)(i) of this Agreement. With respect to shared septic
systems, the Applicants understand that the City will retain the discretion to
determine whether the proposal satisfies the requirements of City Code §
827.71, subd. 3 and comports with the conservation objectives stated in City
Code § 827.51.
Water. The Applicants intend to provide water to the Subject Property by either (i)
individual or community wells or (ii) municipal water service purchased and
extended from the City of Orono. In the event the Applicants intend to purchase
municipal water service from the City of Orono, the Applicants understand that they
are responsible, with City cooperation, for initiating discussion and negotiating any
such agreement with the City of Orono. The Applicants will provide a plan
acceptable to the City for reimbursing the City for all City costs associated with such
discussion and negotiation. The Applicants understand that if water is supplied to the
Project by the City of Orono, the City. will incur additional costs for maintenance,
service, and administration of supplying that water. The Applicants understand that,
in such event, the City will establish a fee to pay the full cost of purchasing water
from the City of Orono as well as the full cost of maintenance, service, and
administration of the water system serving the Subject Property. In the event the City
deems it necessary, the Applicants shall execute a recordable waiver, binding on any
lots created within the Subject Property, with respect to the City's determination
whether reasonable rates necessary to recover the full cost of providing water to the
Subject Property may be different from rates charged by the City for the provision of
water service in other locations in the City.
h. Trails and Park Dedication. The Application will include a plan for location and
construction of trails through the Subject Property, either within street rights -of -way
or in other locations secured by permanent easement, in a manner consistent with the
City's trail plans. Trail construction will be credited against Park Dedication fees due
pursuant to City Code § 820.31. As stated in City Code § 827.61, subd. 2(a)(4), the
City "may give due consideration for conservation easements granted when
7
calculating Park Dedication Fees." The Applicants will dedicate permanent
easements as necessary for the Trails shown generally on Exhibit B.
i. Application and Review Fees. The Application will be accompanied by the
appropriate application fee. Applicants will be responsible for all applicable fees and
charges on a going -forward basis related to the Project, including City staff time and
fees paid to third party consultants, including, without limitation, legal, planning and
engineering fees incurred in relation to the processing of the Application, consistent
with City ordinances, policies and Minn. Stat. § 462.353, subd. 4.
6. Dismissal. If the City approves the Application, a Development Agreement is executed
by the Parties, and any Final Plat for the Subject Property is approved by the City (all,
collectively, the "Settlement Closing Conditions"), the Parties will execute and file stipulations
of dismissal with prejudice of the Lawsuits in the respective courts in a form substantively
consistent with Exhibits C and D attached hereto within 14 calendar days (a) of the satisfaction
and completion of all Settlement Closing Conditions or (b) Applicants' failure to submit its
Concept Plan for the Subject Property as contemplated by Paragraph 5 within the Initial
Application Period or (c) Applicants' failure to apply for the initial final plat approval within 360
calendar days of the date of the approval of the preliminary plat. The Parties agree that any
claim or assertion by the City that the Applicant's Concept Plan as initially submitted to the City
within the Initial Application Period is incomplete in any respect will not provide any basis to
trigger dismissal of the Lawsuits pursuant to this Paragraph. If the City denies the Application,
Applicants will withdraw the Application and the City understands that the Lawsuits will not be
dismissed and the litigation of the Lawsuits would resume.
7. Mutual Release of Claims. The Parties will execute a mutual release of claims
substantially consistent with the form of release attached hereto as Exhibit E within 14 calendar
days upon (a) the satisfaction and completion of all Settlement Closing Conditions or (b
Applicants' failure to submit its Concept Plan for the Subject Property as contemplated by
Paragraph 5 within the Initial Application Period, subject to the provisions of Paragraph 6, or (c)
Applicants' failure to apply for the initial final plat approval within 360 calendar days of the date
of the approval of the preliminary plat.
8. City Council Approval and Assent Required. The Applicants understand that only the
Medina City Council acting as a body can approve this Agreement and that it is necessary for
this Agreement to come before the Medina City Council at a duly called public meeting. Except
as provided in Paragraph 11 regarding properly executed amendments to this Agreement, the
Applicants' execution of this Agreement cannot be revoked or modified in any manner for a
period of 30 calendar days following the Effective Date of this Agreement so as to give the
Medina City Council sufficient time to meet, consider, and either approve or deny the
Agreement. The City agrees to ensure the City Council considers this Agreement within such 30
calendar day period. if the City Council does not approve the execution of this Agreement after
considering it, the Agreement will become null and void and have no further binding effect.
9. Action on Application. By entering into this Agreement, the City is not agreeing that it
will approve the Application made and retains full discretion to approve or deny any Application
8
filed. The Parties acknowledge that the City must follow all applicable statutory and ordinance
processes, including any required public hearings.
10. No Claim in the Event of Denial. The Applicants understand and agree that regardless
of the City's decision to approve or deny the Application, the Applicants have no claim of any
type or nature against the City or any other party for or related to the City's decision on the
Application and will not bring any claim of any type or nature against the City, its agents,
consultants, officers, employees, or insurers or any other party challenging the City's decision on
the Application or any claim of any nature or description seeking damages or any other relief.
Similarly, the City understands and agrees that regardless of the City's decision to approve or
deny the Application, the City has no claim of any type or nature against the Applicants or any
other party as a result of the City's consideration of the Application and will not bring any claim
of any type or nature against the Applicants, their officers, agents, consultants, insurers,
employees or any other party.
11. Merger and Modification. This Agreement and the attached exhibits will constitute the
entire agreement between the Applicants and the City. This Agreement can only be amended by
a writing signed by all Parties and such amendments may occur at any time by agreement of the
Parties. The possibility of further amendments to this Agreement does not create any right
thereto, and a refusal to amend is at the sole discretion of the Party being asked to modify the
agreement once this Agreement is executed by all Parties.
12. Controlling Law; Venue. This Agreement has been made under the laws of the State of
Minnesota and the laws of the State of Minnesota will control. its interpretation. Any legal
dispute occurring as to the terms or requirements of the Agreement will be venued in a court of
competent jurisdiction in the State of Minnesota.
13. Binding Effect. The terms and conditions of this Agreement will be binding on the
Parties and their respective successors, assigns, agents, insurers, executors, and members, and the
benefits and burdens will run with the Subject Property. The Agreement will not be recorded.
Applicants agree that the terms of this Agreement are material to any sale or encumbrance of the
Subject Property or any portion of it and further agree to disclose the Agreement's terms and
obligations to any prospective or actual purchaser or encumbrancer of the Subject Property prior
to any such sale or encumbrance.
14. Acknowledgement of Understanding. Each Party states that it has carefully read this
Agreement in its entirety and has conferred with its attorney and knows and understands the
contents of this Agreement.
[Balance of page intentionally left blank]
9
15. Counterparts. This Agreement, and any amendments thereto, may be executed in one or
more counterparts, each of which will be deemed to be an original, but all of which will be one
and the same document. A copy (including a copy scanned into PDF) or facsimile of a signature
will be binding upon the signatory as if it were an original signature,
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set
forth below.
STONEGATE FARM, INC.
By: Michael J. Seeland
Its: President
STATE OF SOUTH CAROLINA )
) ss.
COUNTY OF BEAUFORT )
This instrument was acknowledged before me on the 1 fl `- day of December, 2014, by
Michael J. Seeland as President of Stonegate Farm, Inc., on behalf of the corporation.
Notary Public
PROP RTY RESOURCES
DEVELOPMENT CORPORATION, INC.
B Susan Seeland
Its: President
STA 1'L OF SOUTH CAROLINA
s
COUNTY OF BEAUFORT )
This instnuent was acknowledged before me on the 1 `Tt"tlay of December, 2014, by
Susan Seeland, as President of Properly Resources Development Corporation, Inc., on behalf of the
corporation,
10
`ovaJQtp.AR4s G',„
.tpPY P(jB • Q ✓icrt
I r.
'��OG fXv.00;; ���
�41®H cle a�i
CITY OF MEDINA
By:-JElizabeth Weir
Its: C Mayor
1
By: Scott T. Johnson
Its: City Administrator -Clerk
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN
This instrument was acknowledged before me on the E day of December, 2014, by
Elizabeth Weir and Scott T. Johnson, as Mayor and City Administrator -Clerk, respectively, of the
City of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
MMB; 4830-8858-0128, v. 21
LINDA DIANE LANE
NOTARY PUBLIC•MINNESOTA
My CommisSlon Expires Jan.31, 2017
11
ryli 6itA: 201 1 6• 2007 Wetdanci Delineations
1l �ti .r�ir��'J 1PJyi'i+{1}.1y. rife .i,.
Approximate Parcel Boundary
2011 Delineation
12007 Dalineation
4w-idarrowhead
�
environmental
,
Coll is l l a l l II g '1\
20O7/2O11 Delineation Map
Overlaid on 2010Aerial lame
376
760
1,500
'gun from AE Nooem cr 17,
OH wetland delineation repon
nparedfor PRDC
Stonegate Dann, Inc.
Peet Property Resources
Development Company
Medina, MN
Exhibit b:
Draft Concert Man
Conservation Design Subdivision
11.122014
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Stonegate Farm, Inc., a Minnesota
corporation and Property Resources
Development Corporation, Inc., a
Minnesota corporation,
v.
City of Medina,
Plaintiffs,
Defendant.
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
CASE TYPE: Condemnation
Court File No. 27-CV-13-12516
STIPULATION OF DISMISSAL
WITH PREJUDICE
Pursuant to Minn R Civ. P. 41.01(a)(2), IT IS HEREBY STIPULATED AND
AGREED by and between the parties hereto, by their respective attorneys, that the above -
captioned action may be dismissed upon its merits, with prejudice, and without attorneys' fees
or costs to any party.
Date:
Gerald S. Duffy (#24703)
Clifford S. Anderson (#227201)
Leslie M. Witterschein (#261592)
MONROE MOXNESS BERG PA
7760 France Avenue South, Suite 700
Minneapolis, MN 55435
952.885.5999
Attorneys for Plaintiffs Stonegate Farm, Inc, and
Property Resources Development Corporation, Inc.
EXHIBIT C
Date:
MMQ: 4844-3311-6960, v. 3
George C. Hoff (#45846)
Justin Templin (#0305807)
HOFF, BARRY & KOZAR, P.A.
775 Prairie Center Drive, Suite 160
Eden Prairie, MN 55344
952.941.9220
Attorneys for Defendant City of Medina
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Stonegate Farm, Inc., a Minnesota
Corporation and Property Resources
Development Corporation, Inc., a
Minnesota corporation,
City of Medina,
Case No. 13-1899 JRT/SER
STIPULATION OF DISMISSAL
Plaintiffs, WITH PREJUDICE
Defendant.
Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), IT IS HEREBY STIPULATED AND
AGREED by and between the parties hereto, by their respective attorneys, that the above -
captioned action may be dismissed upon its merits, with prejudice, and without attorneys' fees
or costs to any party.
Date:
Date:
Gerald S. Duffy (#24703)
Clifford S. Anderson (#227201)
Leslie M. Witterschein (#261592)
MONROE MOXNESS BERG PA
7760 France Avenue South, Suite 700
Minneapolis, MN 55435
952.885.5999
Attorneys for Stonegate Farm, Inc. and Properly
Resources Development Corporation, Inc.
George C. Hoff (#45846)
Justin Templin (#0305807)
HOFF, BARRY & KOZAR, P.A.
775 Prairie Center Drive, Suite 160
Eden Prairie, MN 55344
952.941.9220
Attorneys for Defendant
City of Medina
EXHIBIT D
MUTUAL RELEASE OF CLAIMS
by and between
Stonegate Farm Inc. and Property Resources Development Corporation, Inc.
and
the City of Medina
Stonegate Farm Inc. ("Stonegate") and Property Resources Development Corporation,
Inc, and all of their respective shareholders, board members, officers, managers, employees,
insurers, agents, servants, heirs, executors, assigns, and administrators, as applicable (the
"Stonegate/PRDC Parties"), completely release and forever discharge the City of Medina and its
insurers, agents, attorneys, servants, officers, managers, employees, successors, heirs, executors,
assigns, and administrators, as applicable (the "City Released Parties"), from any and all claims,
actions, causes of action, demands, rights, damages, costs, loss of services, expenses, and
compensation whatsoever, including court costs, legal expenses, engineering and other
consultant or expert fees, and attorneys' fees, whether known of unknown, foreseen or
unforeseen, that the Stonegate/PRDC Parties may now or hereafter have, against the City
Released Parties on account of or in any way related to the subject matter of, the allegations set
forth in, or related to the property owned by Stonegate described in the following matters:
Stonegate Farm Inc. and Property Resources Development Corporation v. City of Medina, Court
File No. 13-CV=1899 (D. Minn. 2013) (JRT/SER) and Stonegate Farm Inc. and Property
Resources Development Corporation v. City of Medina, Court File No. 27-CV-13-12516
(Hennepin County Dist. Ct. 2013) (Judge Susan Robiner) (collectively, the "Lawsuits").
The City and all of its respective Council members, officers, managers, administrators,
employees, insurers, agents, and servants, as applicable (the 'City Parties") completely release
and forever discharge Stonegate/PRDC and all of their respective shareholders, board members,
officers, managers, employees, insurers, agents, attorneys, servants, heirs, executors, assigns, and
administrators, as applicable (the "Stonegate/PRDC Released Parties"), from any and all claims,
actions, causes of action, demands, rights, damages, costs, loss of services, expenses, and
compensation whatsoever, including court costs, legal expenses, engineering and other
consultant or expert fees, and attorneys' fees, whether known of milmown, foreseen or
unforeseen, that the City Parties may now or hereafter have, against the Stonegate/PRDC
Released Parties on account of or in any way related to the subject matter of, the allegations set
forth in, or related to the property owned by Stonegate described in the Lawsuits with the
EXHIBIT E
exception of any fees pursuant to Paragraph 5(i) of the accompanying Contingent Settlement
Agreement that are due from Stonegate/PRDC to the City and remain unpaid and have not been
waived by the City at the time this Mutual Release of Claims is executed.
STONEGATE FARM, INC.
By: Michael J. Seeland
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on the day of , 20 , by
Michael J. Seeland, the President of Stonegate Farm Inc., on behalf of the corporation.
Notary Public
PROPERTY RESOURCES DEVELOPMENT CORPORATION, INC.
By: Susan Seeland
Its: President
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
SS.
This instalment was acknowledged before me on the day of , 20 , by
Susan Seeland, the President of Property Resources Development Corporation, Inc., on behalf of
the corporation.
Notary Public
EXHIBIT E
CITY OF MEDINA
By:
Its: Mayor
By:
Its: City Administrator -Clerk
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
SS.
This instrument was acknowledged before me on the day of December, 20_, by
and , as Mayor and City Administrator -Clerk, respectively,
of the City of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
MMB: 4838-2247-0433, v. 2
Notary Public
EXI3IBIT E
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: July 15, 2015
SUBJ: Planning Department Updates July 21, 2015 City Council Meeting
Land Use Application Review
A) 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. The City Council reviewed on July land directed staff to prepare documents for approval,
which will be presented to the Council on July 21.
B) 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. The Planning Commission held a public hearing on the
matter at the July 14 meeting and found that the proposed conservation design subdivision does not
fully meet the objectives of the CD -district. As a result, the Commission recommended denial. The
Park Commission will review on July 15 and the application will be presented to the City Council on
August 5.
C) Buehler Plat — Robert Buehler has requested approval of a plat to separate 2782 Willow Drive from
an 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 August
11 Planning Commission meeting.
D) Etzel Setback Variance — 2942 Lakeshore Ave. — Brian Etzel has requested a variance to reduce the
setback from Balsam Street from 30 feet to 12 feet for expansion of an existing deck. The proposed
expansion is proposed to be setback the same distance as the existing deck, continuing the same
building line. The Planning Commission is tentatively scheduled to review on August 11.
E) 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 later in the summer.
F) 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.
G) Woods of Medina, Capital Knoll— these preliminary plats have been approved and staff is awaiting a
final plat application
H) Enclave at Brockton 5`h, Hamel Haven subdivisions, Wakefield Valley Farm — These subdivisions
have all received final approval. Staff is working with the applicants on the conditions of approval
before construction begins.
I) 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
Planning Department Update
Page 1 of 2 July 21, 2015
City Council Meeting
applicant has also requested a variance to exceed the maximum 25% hardcover limitation in the
shoreland overlay district of Elm Creek. The Council adopted a resolution of approval at the June 16
meeting. Staff will work with the applicant to meet the conditions of approval before construction.
J) 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 Council adopted a resolution of approval at the June 16 meeting. Staff will work with the
applicant to meet the conditions of approval before construction.
Other Proiects
A) Deck Upland Buffer Setbacks — a resident of the Enclave development has requested that the City
reconsider the requirement that decks be set back 15 feet from Upland Buffers. The setback limits
the size of decks on a number of the lots in the Enclave development. Staff presented the ordinance
at the July Planning Commission meeting. The Commission was concerned of the unintended
consequences of reducing the required setback and recommended denial. The ordinance will be
presented to the Council on July 21.
B) Solar Equipment Regulations — staff will present an ordinance for discussion related to solar
equipment on residential property in the City. The Planning Commission held a public hearing at
the July 14 meeting and recommended approval. Staff intends to present the ordinance at the August
5 meeting.
C) 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 held a public hearing at the
July 14 meeting and recommended approval. Staff intends to present the ordinance at the July 21
City Council meeting.
D) Cable Buildout Analysis — staff has continued to spend substantial time on analyzing the expansion
of Mediacom cable within the City.
Planning Department Update
Page 2 of 2 July 21, 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:
FROM:
DATE:
RE:
Administrator Scott Johnson and Medina City Council
Director of Public Safety Ed Belland
July 14, 2015
Department Updates
Hamel Rodeo Weekend
July 9th through July 12th the Hamel Rodeo was in town. It was four days of hot weather
with many events throughout the area. Our entire department was involved in many of
those events. Our reserves worked at the rodeo grounds every day, our officers worked
extra traffic details and security details, and our administrative staff and community service
officer helped with the planning and ensuring that the supplies and equipment were ready
for the officers.
The officers working security at the rodeo dance at the Inn Kahoots Bar on Thursday, Friday
and Saturday nights did not have any major problems. There were moderate to heavy
crowds each night with the good weather. The officers working the streets were busy; they
had three DWIs, a burglary in progress, a narcotics arrest, and a 47 year old male go down
with a heart attack; he did not survive.
The weekend came to a close with the Hamel Rodeo Parade. We had eight reserve officers
and four licensed officers on for the parade. They all did a great job. The parade went off
without incident.
I am very proud of the dedication and commitment to the community by my entire
department. They put in extra efforts to ensure the community's safety during this event.
Police Server Issue
On July 15th we had a motherboard on our police server crash. In checking we found that
the server was under warranty for another month. The server is eight years old. We will be
looking at upgrading the server in the near future.
Patrol by Sergeant Jason Nelson
Patrol Activities
For the dates of June 30 to July 14, 2015, our officers issued 46 citations and 89 warnings
for various traffic infractions. There were a total of five driving while impaired arrests,
seven traffic accidents, seven medicals, and 16 alarms.
The month of July started off the speed enforcement statewide. Officers are out looking for
speeders and working in grant groups to educate the motoring public.
This past weekend was the Hamel Rodeo and Hamel Parade. It was another good event
with very few police issues. Officers and reserves put in a lot of extra hours to make this
another safe and successful event.
Officer Boecker arrested multiple DWI offenders over this past weekend. He also arrested a
female for possession of narcotics after oxycodone and straws were found in her purse. The
vehicle was stopped for a traffic infraction and the driver initially gave consent to search the
vehicle, but after the passenger got out, he talked her out of giving consent so the search was
stopped. A K-9 deputy from Hennepin County was called and after getting a positive
indication on the vehicle, it was searched. Case will be forwarded to Hennepin County.
On July 4, 2015 Officer Jessen was dispatched to take an auto theft report at the Medina
County Club. Worker there reported that his vehicle had been stolen sometime during his
shift. Case has been forwarded to Investigations.
On July 11, 2015, Officers Boecker, Converse, and I were dispatched to a burglary in
progress. Upon arrival, the suspect had fled on foot. A perimeter was set up and the K-9
from Plymouth tracked the suspect to his residence. The suspect had fled prior to our
arrival. The case was forwarded to Investigations.
On July 11, 2015, Officers McGill, Converse, and I responded to a man down call. Upon
arrival, CPR was in progress and officers assisted along with Hamel Fire and Rescue, North
Ambulance, and North AirCare. All attempts to resuscitate failed and the 47 year old male
was pronounced dead at the scene.
On July 14, 2015 Officer McGill took a theft report. Maple Crest Landscape reported that
sometime over the past weekend someone had stolen two leaf blowers from one of his
trailers that were parked outside the business.
Criminal Investigation by Investigator Charmane Domino
I received a harassing communications report. Threatening and mean -spirited texts and
videos were sent to the victim. Victim asked suspect to stop but suspect did not stop.
Burglary of a garage reported in which suspect took credit cards from a vehicle and used
them a short time later. Video was received of the transactions, but suspect remains
unidentified at this time.
Burglary of a garage in which the homeowner arrived home while the suspect was still
inside. A possible suspect has been identified. Investigation to continue.
Received a report of a stolen vehicle from a business. The vehicle was entered into the
national database as a stolen but has not been located.
Open cases currently under investigation: 23
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: July 14, 2015
MEETING: July 21, 2015
SUBJECT: Public Works Update
STREETS
• Your Public Works Crew has been working extremely hard on the following areas in
town preparing for sealcoating and our 2015 paving projects:
o Foxberry Farms: The seal coating has been moved out a week because of rain
delays.
o Tamarack Drive: P.W. will be seal coating the entire stretch from the Orono line
to Blackfoot Trail in mid -July.
o Independence Beach: The paving on the north end of IB has been completed. It
went very well considering all the drainage issues. As of now there is only one
area that will need a little rework to make the drainage right. We have begun prep
work on the south end of the project, but there is a lot of work to be done and
fitting it all in by the time school starts will be tough.
o 600 Clydesdale Trail: The outdoor sitting area is complete near the PW entrance
and the seal coating is scheduled the week of July 20th
o Tower Drive: Hamel Road utilities and road base have been completed. This has
made travel through that area a more pleasant experience. The back side of the
infiltration basin is being excavated, and the next step will be to remove the
asbestos from the site, which is scheduled for July 21st. Tower Drive will be
reclaimed the week of July 20th and it will be a real challenge keeping our
businesses along that stretch moving.
WATER/SEWER/STORMWATER
• Well #8 bids have been opened and are in your packet for approval. We feel we got a
real good price even though we only had two bidders.
• Linda Lane is working on some comments we got back from the MPCA in regards to
our MS-4 permit. PW will be entertaining the idea of having a consultant do this permit
in the future, as it has become more technical and labor intensive.
• Greg Leuer is busy installing radio transmitters on the new houses and making sure the
water system is up for the busy season.
• PW is hosting the Rural Water Association at 600 Clydesdale next week to conduct
training on utility locating. There will likely be around 50 PW employees from around
the metro and out state.
PARKS/TRAILS
• The Public Works crew has been trimming trees in Maple Park.
• The crew has been assisting Sunram and WSB with some items not included in The Park
at Fields of Medina to avoid any change orders to the project.
" P W h a d t o d o s o m e t r a i l r e b u i l d i n g a l o n g H W Y 1 0 1 n e a r t h e P r a i r i e C r e e k e n t r a n c e t o
W i l d M e a d o w s . T h e t r a i l w a s i n d i s r e p a i r a n d w h e n w e p u l l e d u p t h e b l a c k t o p t h e r e w a s
n o b a s e u n d e r i t . P W s u b c u t a n d i n s t a l l e d f a b r i c a n d b a s e u n d e r a b o u t 2 0 0 f e e t o f t h e
t r a i l g o i n g n o r t h . I w i l l b e c o n s u l t i n g w i t h t h e C o u n t y o n t h i s t o s e e w h y t h e t r a i l w a s
b u i l t w i t h n o b a s e u n d e r n e a t h . I b e l i e v e t h e r e s t o f t h e t r a i l i s i n t h e s a m e c o n d i t i o n
b e n e a t h t h e a s p h a l t .
M I S C E L L A N E O U S
" L i n d a L a n e s e n t o u t l e t t e r s t o a l l o f t h e C i t y o f M e d i n a b u s i n e s s e s a f e w w e e k s a g o a n d
h a s h a d q u i t e a f e w s e n d i n g i n d o n a t i o n s , a s w e l l a s w a n t i n g t o b e p a r t o f t h e B u s i n e s s
E x p o p o r t i o n o f M e d i n a C e l e b r a t i o n D a y .
" P W h a s i n c l u d e d a r e m i n d e r t o t h e r e s i d e n t s i n t h e n e w s l e t t e r a b o u t c o n t r o l l i n g n o x i o u s
w e e d s o n t h e i r p r o p e r t y .
" P W w i l l b e w o r k i n g w i t h C h i e f E d B e l l a n d t o d o a r e f r e s h e r o n e m e r g e n c y r e s p o n s e n e x t
w e e k i n o r d e r t o b e b e t t e r p r e p a r e d i n t h e e v e n t o f a n e m e r g e n c y i n t h e C i t y .
P a g e 2 o f 2
ORDER CHECKS July 8, 2015 - July 21, 2015
43068 EASY MARKETING $250.00
43069 HAWLEY, CRAIG $10,000.00
43070 HOME CONNECTIONS, LLC $150.00
43071 MURPHY, MAUREEN $250.00
43072 STRIGGOW, B & J $4.00
43073 BANDAPATI, SATISH $212.50
43074 CHRISTENSEN, JENNA $150.00
43075 GHANDI, VIRAJ $250.00
43076 JABBAR, SADIA $250.00
43077 MOHR, SHARON $150.00
43078 COMMERCIAL ASPHALT CO. $2,645.68
43079 ALLSTAR ELECTRIC $264.00
43080 ASPHALT SURFACE TECH CORP $307,779.26
43081 BLUE CROSS BLUE SHIELD OF MN $28,698.76
43082 BOYER FORD TRUCKS INC $19.26
43083 BRIGGS AND MORGAN $1,639.25
43084 BUDGET PRINTING $13.79
43085 CENTERPOINT ENERGY $210.08
43086 CENTURYLINK $226.87
43087 DESIGNING NATURE, INC. $4,667.54
43088 ECM PUBLISHERS INC $87.07
43089 ESS BROS. & SONS, INC $819.00
43090 EULL'S MANUFACTURING CO $126.00
43091 FIRST FINANCIAL TITLE AGENCY $47.49
43092 GOPHER STATE ONE CALL $641.20
43093 GOVERNMENT TRAINING SERVICE $150.00
43094 GRAINGER $131.52
43095 HAKANSON ANDERSON ASSOCIATES I $1,340.00
43096 HAMEL LUMBER INC $48.52
43097 HAMEL LIONS CLUB $525.00
43098 HD SUPPLY WATERWORKS LTD $358.98
43099 HENN COUNTY INFO TECH $851.32
43100 HENN COUNTY SHERIFF $426.24
43101 HENN CTY RESIDENT/REAL ESTATE $66.50
43102 KERN, DEWENTER & VIERE $1,400.00
43103 KENNEDY & GRAVEN CHARTERED $14,991.85
43104 LEXISNEXIS RISK DATA MGMT INC $35.50
43105 CITY OF MAPLE PLAIN $1,213.20
43106 MATHESON TRI-GAS INC $73.60
43107 METROPOLITAN COUNCIL $24,601.50
43108 METROPOLITAN COUNCIL $20,367.83
43109 MINNESOTA U.I. FUND $203.65
43110 NAPA OF CORCORAN INC $4.39
43111 NORTHERN TECHNOLOGIES INC $6,255.63
43112 NORTHWEST ASSOC CONSULTANTS $717.57
43113 CITY OF ORONO $2,172.17
43114 PREMIUM WATERS INC $69.75
43115 RANGE SYSTEMS $96.50
43116 RUSSELL SECURITY RESOURCE INC $125.00
43117 SAM'S CLUB $115.54
43118 STREICHER'S $129.93
43119 TALLEN & BAERTSCHI $2,706.87
43120 TEGRETE CORP $150.00
43121 TIMESAVER OFFSITE $133.00
Total Checks $439,013.31
Electronic Payments July 1, 2015 — July 15, 2015
003233E MEDIACOM OF MN LLC $219.90
003234E WRIGHT HENN COOP ELEC ASSN $1,731.66
003235E CIPHER LABORATORIES INC. $110.58
003236E EXXONMOBIL FLEET - WEX BANK $1,728.92
003237E FRONTIER $55.44
003238E MEDIACOM OF MN LLC $277.98
003239E MARCO (LEASE) $929.48
003240E PAYMENT SERVICE NETWORK INC $302.90
003241E PITNEY BOWES $123.00
003242E PIVOTAL PAYMENTS INC $224.62
003243E SELECT ACCOUNT $78.50
003244E VERIZON WIRELESS $1,146.07
003245E XCEL ENERGY $10,423.80
003246E ELAN FINANCIAL SERVICE $1,678.10
003247E VOID $0.00
003248E PR PERA $14,694.21
003249E PR FED/FICA $15,352.70
003250E PR MN Deferred Comp $1,980.00
003251E PR STATE OF MINNESOTA $3,294.77
003252E SELECT ACCOUNT $15,002.00
003253E CITY OF MEDINA $18.00
003254E FARMERS STATE BANK OF HAMEL $20.00
003255E CITY OF PLYMOUTH $805.93
Total Electronic Checks $70,198.56
PAYROLL DIRECT DEPOSIT July 15, 2015
506531 ALTENDORF, JENNIFER L. $1,269.15
506532 BARNHART, ERIN A $1,865.68
506533 BELLAND, EDGAR J. $2,484.22
506534 BOECKER, KEVIN D $2,619.77
506535 CONVERSE, KEITH A. $2,447.04
506536 DINGMANN, IVAN W. $1,644.32
506537 DOMINO, CHARMANE $1,730.48
506538 ENDE, JOSEPH $1,568.60
506539 FINKE, DUSTIN D $2,116.35
506540 GALLUP, JODI M. $1,590.31
506541 GLEASON, JOHN M $1,977.01
506542 GREGORY, THOMAS $1,889.97
506543 HALL, DAVID M $1,974.08
506544 JESSEN, JEREMIAH S. $2,387.77
506545 JOHNSON, SCOTT T $2,162.88
506546 KLAERS, ANNE M. $723.23
506547 LANE, LINDA $1,465.16
506548 LEUER, GREGORY J $2,091.68
506549 MCGILL, CHRISTOPHER R. $1,365.41
506550 NELSON, JASON $3,106.08
506551 PETERSON, DEBRA A. $1,545.17
506552 REINKING, DEREK M $1,644.83
506553 SCHERER, STEVEN T $2,225.71
506554 VIEAU, CECILIA M $1,204.30
506555 VINCK, JOHN J. $2,103.58
506556 WENANDE, BRANDON S. $479.46
Total Payroll Direct Deposit $47,682.24