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HomeMy Public PortalAbout04.06.2021 Complete City Council Meeting Packet Posted 4/2/2021 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, April 6, 2021 7:00 P.M. Meeting to be held telephonically/virtually pursuant Minn. Stat. Sec. 13D.021 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the March 16, 2021 Regular Council Meeting V. CONSENT AGENDA A. Approve 2021 Road Material and Equipment Bids B. Approve Garden Maintenance Services Agreement with Designing Nature, Inc. C. Approve Hennepin County Youth Sports Program Grant Agreement D. Approve Consultant Fee for Paul Fortin Baseball Field Lighting Project E. Approve Wetland Replacement Plan for the Weston Woods Development Project F. Appoint John Vinck to the Position of Police Officer G. Resolution Accepting Donation from Hamel Women’s Auxiliary H. Resolution of Support for the Cooperative Effort for Broadband in Underserved Communities Outside the Metro I. Approve Updated Contract - MetroWest Inspection Services, Inc. VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. CITY ADMINISTRATOR REPORT VIII. MAYOR & CITY COUNCIL REPORTS IX. APPROVAL TO PAY BILLS X. ADJOURN Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122 Enter Conference ID: 381 706 763# MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: April 1, 2021 DATE OF MEETING: April 6, 2021 SUBJECT: City Council Meeting Report Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: Dial 1-612-517-3122; Enter Conference ID: 381 706 763# V. CONSENT AGENDA A. Approve 2021 Road Material and Equipment Bids – Public Works Director Steve Scherer has attached a memo that outlines the various bids that we received to provide road maintenance improvements in the City. Staff recommends approval of the road material and equipment bids as presented. See attached memo and bid tabulation. B. Approve Garden Maintenance Services Agreement with Designing Nature, Inc. – Staff recommends extending the Garden Maintenance Services Agreement with Designing Nature for an additional two years through 2022. See attached memo and agreement. C. Approve Hennepin County Youth Sports Program Grant Agreement – The City has been awarded $148,490 grant to install ball field lights at the Paul Fortin Memorial Field in Hamel Legion Park. The Park Commission has reviewed and recommends approval of the funding proposal from the Hamel Athletic Club (HAC), which would result in the overall project costs being split 50% grant funding, 25% HAC funding, and 25% City match. Staff recommends approval of the grant agreement and requests authorization to use up to $75,000 in Park Dedication funds to pay for the City’s portion of the project. See attached memo and agreement. D. Approve Consultant Fee for Paul Fortin Baseball Field Lighting Project – The City has engaged Sports Lighting Authority to facilitate the design, procurement, and construction processes of the ballfield lights on the Paul Fortin Field. Sports Lighting Authority will serve as the "sports-lighting consultant/owner's representative" to the City of Medina for the lighting of the Hamel Hawks baseball field. As the consultant to the City, Sports Lighting Authority will ensure that the baseball field lighting is completed on time and 2 correctly at a fair cost. The total fee for the services provided by Sports Lighting Authority is $9,875. Staff recommends approval. See attached memo and agreement. E. Approve Wetland Replacement Plan for the Weston Woods Development Project – The Weston Woods development project consists of the construction of 41 single-family lots, 108 townhomes and associated infrastructure, including public streets and stormwater management practices. Several wetlands exist on the site. The applicant proposes 0.6375 acre of permanent impact and 0.0803 acre of temporary impact to seven wetlands to grade for development purposes. Replacement for permanent impacts is proposed at a 2:1 ratio through wetland banking credits. A total of 1.2750 acre of wetland credit will be purchased for the project. Staff recommends approval. See attached memo and replacement plan. F. Appoint John Vinck to the Position of Police Officer – On January 19, 2021, Council authorized staff to begin the recruitment process to fill the vacant police officer position. Staff recommends the appointment of John Vinck to the position of Police Officer. See attached memo. G. Resolution Accepting Donation from Hamel Women’s Auxiliary – The Hamel Women’s Legion Auxiliary is donating $2,050.00 to furnish a handicap accessible picnic table for use at Hamel Legion Park. The donation includes funds to cover the cost of a custom etched zinc plaque to be inlayed on the picnic table. Staff recommends approval. See attached memo and resolution. H. Resolution of Support for the Cooperative Effort for Broadband in Underserved Communities Outside the Metro – The City of Minnetrista is organizing an effort to get support for increasing broadband and internet services to underserved communities in the state. Minnetrista is asking the Medina City Council to work cooperatively with them and other elected officials in surrounding communities to seek help in directing more funding towards each city’s broadband needs. Staff recommends approval of the resolution supporting these efforts. See attached letter and memo. I. Approve Updated Contract - MetroWest Inspection Services, Inc. – Todd Geske of Metro West Inspection Services, who serves as the City’s Building Official and Fire Marshal, has requested an increase in compensation for services provided to the City. Metro West has requested 33% of the fee amount collected by the City. The current contract is for 32%. Mr. Geske has requested the increase because of increased costs, especially related to personnel costs. Compensation is based upon a percentage of the permit fees and the City’s fees have not been changed significantly in recent years, meaning compensation on a per-permit basis has not increased as costs have increased. Staff recommends approval. See attached contract and memo. 3 IX. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005866E-005889E for $106,647.27 and order check numbers 051380-051430 for $176,398.75, and payroll EFT 0510893-0510948 for $107,381.67. INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Meeting Minutes 1 March 16, 2021 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 16, 2021 3 4 The City Council of Medina, Minnesota met in regular session on March 16, 2021 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 Martin read a statement explaining that this meeting is being held in a virtual format 8 because of the ongoing pandemic and provided instructions for public participation. 9 10 I. ROLL CALL 11 12 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 13 14 Members absent: None. 15 16 Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 17 Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 18 Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, Chief 19 of Police Jason Nelson, and Planning Consultant Nate Sparks. 20 21 II. PLEDGE OF ALLEGIANCE (7:04 p.m.) 22 23 III. ADDITIONS TO THE AGENDA (7:04 p.m.) 24 The agenda was approved as presented. 25 26 IV. APPROVAL OF MINUTES (7:04 p.m.) 27 28 A. Approval of the March 2, 2021 Work Session City Council Meeting Minutes 29 Martin stated that prior to the meeting Johnson distributed proposed corrections as 30 suggested by Cavanaugh. 31 32 Moved by Martin, seconded by Albers, to approve the March 2, 2021 work session City 33 Council meeting minutes as amended. 34 35 A roll call vote was performed: 36 37 DesLauriers aye 38 Albers aye 39 Cavanaugh aye 40 Reid aye 41 Martin aye 42 43 Motion passed unanimously. 44 45 B. Approval of the March 2, 2021 Regular City Council Meeting Minutes 46 Martin stated that prior to the meeting Johnson distributed proposed changes as 47 suggested by her. 48 49 Moved by Martin, seconded by DesLauriers, to approve the March 2, 2021 regular City 50 Council meeting minutes as amended. 51 Medina City Council Meeting Minutes 2 March 16, 2021 1 A roll call vote was performed: 2 3 Martin aye 4 Reid aye 5 Cavanaugh aye 6 Albers aye 7 DesLauriers aye 8 9 Motion passed unanimously. 10 11 V. CONSENT AGENDA (7:06 p.m.) 12 13 A. Approve Amended and Restated Grounds Services Agreement with the 14 Hamel Athletic Club 15 B. Approve Hamel Legion Park Concession Services Agreement with the 16 Hamel Athletic Club 17 C. Approve Street Sweeping Services Agreement with Minnesota Street 18 Works, Inc. 19 D. Approve Brush Grinding and Compost Removal Services Agreement with 20 Precision Landscape and Tree 21 E. Ordinance No. 670 Adopting an Amended Fee Schedule for Clean-Up Day 22 F. Resolution No. 2021-15 Authorizing Publication of Ordinance No. 670 23 Adopting an Amended Fee Schedule by Title and Summary 24 Albers referenced Item B and asked if the City receives any funds back from 25 concessions. 26 27 Gallup replied that Hamel Athletic Club pays the City four dollars per participant which is 28 used towards the operations of the concessions. 29 30 Moved by DesLauriers, seconded by Martin, to approve the consent agenda. 31 32 A roll call vote was performed: 33 34 Reid aye 35 Albers aye 36 Cavanaugh aye 37 DesLauriers aye 38 Martin aye 39 40 Motion passed unanimously. 41 42 VI. COMMENTS (7:09 p.m.) 43 44 A. Comments from Citizens on Items not on the Agenda 45 There were none. 46 47 B. Park Commission 48 Scherer reported that the Park Commission will meet the following night and will receive 49 an update from the Hamel Athletic Club related to the ballfield lighting. He stated that 50 the group will also continue discussion related to the Diamond Lake Regional Trail. 51 Medina City Council Meeting Minutes 3 March 16, 2021 1 C. Planning Commission 2 Finke stated that the Planning Commission did not meet in March. 3 4 VII. PRESENTATIONS 5 6 A. Fire Department Annual Reports – Loretto Fire and Maple Plain Fire 7 (7:11 p.m.) 8 Fire Chief Jeff Leuer, Loretto Fire Department, reviewed the annual report including the 9 number of calls for service and other statistics. He stated that they averaged 12.2 10 responders per call for service. He also reviewed details on response time, mutual aid, 11 and public events including birthday parades. He stated that the department is full with a 12 membership of 35. He stated that the department received grants to purchase a gear 13 washer and dryer. He noted that they were also able to purchase gear through CARES 14 Act funds received from Loretto and Greenfield. He hoped that the City of Medina would 15 consider helping the fire departments if there were additional CARES Act funds available 16 in the future. He recognized that it was a challenging year, but they continue to move 17 forward. 18 19 Martin commented that Medina really appreciates the work the fire departments do for 20 the community. She commented that participating in birthday drive parades is much 21 appreciated by the members of the community and a great way to boost morale. She 22 commented that Medina will look into how CARES Act funds can be allocated with 23 direction from its auditor. 24 25 DesLauriers echoed the comments of Martin. He asked if there were structural fires in 26 the cities the department represents. 27 28 Chief Leuer replied that there were structural fires but not in the portion of Medina they 29 service. 30 31 DesLauriers asked for additional details on the gear cleaner. 32 33 Chief Leuer replied that it is water based. 34 35 DesLauriers asked how important it is to Loretto to have a State certified investigator 36 member and asked if other local departments have the same certification. 37 38 Chief Leuer replied that it is the duty of the Fire Chief to investigate every fire with a loss 39 of over $100. He stated that the State certified investigator can handle those duties, 40 which takes pressure off the Chief. He stated that it is a huge asset to the local fire 41 departments and agencies. He stated that he is unsure whether the smaller local 42 department have a similar member but noted that the larger neighboring communities 43 tend to have a State certified inspector. 44 45 Fire Chief Ray McCoy, Maple Plain Fire Department, reviewed the highlights of the past 46 year for Maple Plain. He stated that they did technical rescue training last summer along 47 with COVID-19 medical response training. He stated that using the CARES Act funds 48 they were able to purchase equipment for sanitizing vehicles and equipment. He stated 49 that one of the downsides of 2020 is that the department was not able to participate in its 50 typical community events. He reported three retirements in 2020 and two new hires, 51 Medina City Council Meeting Minutes 4 March 16, 2021 along with a few applicants. He reviewed the number of service calls and related details. 1 He stated that it was a challenging year and recognized the work the department did. 2 3 Martin thanked the department for the service it provides to the community. She asked 4 for details on the impact of COVID on the types of calls. 5 6 Chief McCoy commented that the types of calls were the same, but some categories 7 were reduced, such as vehicle crashes. He stated that the department response 8 changed in response to COVID. 9 10 Martin commented that it seems people were kinder and more patient with each other 11 this past year and asked if that is the sense Chief McCoy has as well. 12 13 Chief McCoy commented that some people are more willing to help, such as neighbors 14 helping an elderly neighbor. He commented that people seem to generally be more 15 appreciative of the work the department does. 16 17 VIII. OLD BUSINESS 18 19 A. Diamond Lake Regional Trail Process Update (7:39 p.m.) 20 Johnson stated that staff has continued discussions with Three Rivers Park District staff 21 to develop the proposed process in the Council packet. 22 23 Finke commented that the Council held a number of worksessions to discuss the 24 Diamond Lake Regional Trail (DLRT) master plan involving public input and there were a 25 fair amount of comments concerned with the proposed southern routes. He stated that 26 the general direction seemed to be to remove those southern routes from the master 27 plan, plan trails in the more densely populated areas and connect to the Baker Park 28 trails. He stated that following that direction they would look at more options in the 29 northern portion of Medina and determine if there would be an option to connect the 30 DLRT to Baker Park. He provided two options which would both connect to Hamel 31 Road. He asked if the Council would like staff to continue with this process in an attempt 32 to continue the proposed trail to Baker Park and move forward with public input. 33 34 DesLauriers asked if residents within 350 feet would be notified. 35 36 Finke confirmed that staff was planning 350 feet in the more urban areas, 1,000 feet in 37 the more rural areas, along with marketing on the City website and other platforms. 38 39 DesLauriers referenced some of the stakeholder groups he thought would be important 40 to include. 41 42 Finke confirmed that would be the intent. 43 44 Cavanaugh asked if the option to go through Hamel and come down Hunter should 45 remain open for public discussion. 46 47 Finke commented that part of the discussion within the broader master plan is to make 48 this a regional trail that connects through multiple jurisdictions without having a logical 49 end point or destination. He stated that there are local trails planned that could provide 50 that connection. He stated that the broader master plan of the DLRT continues in the 51 Medina City Council Meeting Minutes 5 March 16, 2021 background by Three Rivers Park District. He stated that if the direction of Medina is 1 that there is less interest for that to extend through Medina, the Park District could 2 instead head east into Plymouth to avoid Medina. 3 4 Reid commented that this seems to be a viable alternative that would be worth pursuing. 5 She stated that she would be interested in the resident input but prefers this over the 6 previous route. 7 8 Martin echoed the comments of Reid. She stated that her position would be dependent 9 on the public input, but she would support sending notices to gain that input. She 10 commented that when going west from Hamel towards Baker Park there are rural 11 properties and therefore, she would be concerned with having a large trail swath through 12 that area. She stated that when she visited with some of the residents along that road, 13 they were concerned with the lack of internet access. She stated that a regional trail 14 could impact the rural character of that area. She stated that she would like to provide 15 the denser, and younger neighborhoods, access to a regional trail which would mean the 16 trail stays north and perhaps crosses Highway 55. She noted that the residents could 17 then use City trails to access Baker Park. She commented that it would seem 18 inappropriate to bifurcate a beautiful community park with a regional trail and therefore 19 would be interested in input from the residents in that area. She commented that it 20 seems there is support to go out for additional public input with open minds and some 21 reservation. 22 23 Moved by DesLauriers, seconded by Reid, to direct staff to proceed with evaluating the 24 routes identified on the map and proceed with public engagement on the DLRT master 25 plan as described in the staff report. 26 27 A roll call vote was performed: 28 29 Cavanaugh aye 30 Reid aye 31 Martin aye 32 Albers aye 33 DesLauriers aye 34 35 Motion passed unanimously. 36 37 B. Medina Townhome Development LLC – 1432 County Road 29 – Planned 38 Unit Development PUD) Concept Plan Review (7:56 p.m.) 39 Johnson stated that the applicant adjusted their plan based on the input received by the 40 City Council at a February Council meeting. 41 42 Finke stated that updated architectural renderings were provided along with guest 43 parking and a privacy fence shown on the plans. He recognized that this is still a 44 concept plan review but stated that the applicant is requesting input from the Council on 45 the changes made and whether the Council would support a PUD before moving forward 46 with formal application. He displayed the updated site plan identified the guest parking 47 stalls that were added. He stated that staff raised concern with the western stalls but 48 noted that there are other location opportunities. He stated that the privacy fence was 49 also added to the north. He reviewed some of the architectural elements that have been 50 added to the elevations following the previous review. He stated that the Planning 51 Medina City Council Meeting Minutes 6 March 16, 2021 Commission felt that a PUD would be an appropriate tool to provide a townhome 1 development that meets the density identified within the Comprehensive Plan. 2 3 Cavanaugh recognized the guest parking that was added. He noted that the driveways 4 look very short in length and it could be difficult to back out of a garage and make the 5 turn with the guest parking when there is snow. He asked if the drive and parking layout 6 makes sense to staff, specifically whether there would be enough room to make the 7 backing motions. 8 9 Finke replied that the distance between the townhomes in the center area is equivalent 10 to the minimum in the parking lot design, specially 60 feet between the two buildings. 11 He recognized that it would be tight, but vehicles would be able to circulate. He stated 12 that the proposed density is at the low range identified in the Comprehensive Plan. He 13 noted that under the Comprehensive Plan there is language that could allow ten percent 14 less density in return for additional benefit or open space, noting that increased vehicle 15 circulation could fall under that category. 16 17 Cavanaugh commented that if a family has three vehicles, two could be parked in a 18 garage and one would need to be in the driveway, which would make it tight for the end 19 units. He stated that he would tend to prefer a high-density apartment building on this 20 type of site. 21 22 DesLauriers asked if the applicant would be short one space for guest parking. 23 24 Finke confirmed that to be true but noted there would be additional opportunities to add 25 guest parking. 26 27 DesLauriers commented that the two end stalls appear to be about five feet from the 28 sidewalk of the townhomes which is tight, as is the overall development. He referenced 29 the townhome closest to the road and asked if the right turn lane would be a mandatory 30 requirement. 31 32 Finke commented that the left turn was thought to be the primary maneuver and as the 33 traffic on CR 29 continues to increase there may be some backups and the thought was 34 to let the right hand turns to get by. 35 36 Stremel confirmed that staff reviewed this from a traffic standpoint and determined that 37 those two turn lane configurations would be most beneficial in this location. 38 39 DesLauriers commented that there would be 20 feet from the townhome to the road 40 which concerns him in terms of safety. He commented that this is a very tight 41 development on this site and agreed that perhaps this site would be more appropriate for 42 a high-density apartment. 43 44 Albers stated that he agrees with the concerns raised thus far by the previous speakers. 45 He asked if the affordable housing units would equate to a building or the units within a 46 building. 47 48 Finke replied that it would be two of the 24 residential units. 49 50 Medina City Council Meeting Minutes 7 March 16, 2021 Reid commented that if these are three- and four-bedroom units that would assume they 1 would be occupied by families with children. She asked where those older children 2 would recreate. She also questioned whether this would qualify for a PUD but believed 3 the City boxed itself in zoning this parcel for high-density. She stated that she would 4 personally prefer townhomes but understands that an apartment would perhaps better fit 5 the site. 6 7 Martin agreed that this development is too boxy and tight without amenities for the 8 residents. She was also concerned with vehicular movement on the site. 9 10 Shane LaFave commented that the feedback seems to be consistent in that the Council 11 is not in love with this presentation. He stated that the target audience for this 12 development would be for families with children. He noted that there is a density 13 requirement within the Comprehensive Plan that limits the development on one side and 14 other zoning requirements that limit them on the other end. He asked what the Council 15 would support on this site. He stated that if the Council is looking for multifamily housing 16 in terms of apartments it would be difficult to find a developer for that type of product on 17 this site and therefore the site would remain vacant. He noted that this plan would 18 provide rental housing for families, which is a need in this community. 19 20 Reid commented that three and four bedrooms seem large as many single-family homes 21 do not have that many bedrooms. She stated that perhaps these be two- and three-22 bedroom homes instead which would ease up some space on the site. 23 24 LaFave commented that half of the units would be four bedrooms and the remainder 25 would be three bedrooms. He stated that there is a limited number of rentals for four-26 bedroom homes, but that is a need for some families. He recognized that it takes up 27 space but commented that there is an incredible need for that product. 28 29 Cavanaugh commented that he has a few four-bedroom rentals within Medina and has 30 not been overwhelmed with interest. He stated that rowhomes may be a better fit for this 31 site. 32 33 DesLauriers agreed that perhaps two-to-three-bedroom units would be a better fit for the 34 site. He noted that an apartment building could utilize underground parking. 35 36 LaFave commented that underground parking is very expensive and only makes sense 37 on large scale apartment developments. He noted that this site is limited in size. 38 39 Martin commented that the Council appreciates the developer bringing this forward and 40 would like to see additional rental housing in Medina. She believed that it would make 41 sense to reduce the number of bedrooms to free up some space. She did not believe 42 there would be support for the development as proposed under a PUD. 43 44 Cavanaugh thanked the applicant for this proposal and hoped that the developer could 45 make adjustments based on the feedback and bring something else back. 46 47 Reid commented that she does not believe that this would meet the criteria for a PUD. 48 49 Medina City Council Meeting Minutes 8 March 16, 2021 Albers agreed with the comments of Martin. He noted that this is the second proposal 1 for this parcel and stated that perhaps the City should review the zoning to determine if 2 there would be more appropriate zoning that would support development. 3 4 Finke agreed that it has been identified that even at the minimum density it would be 5 difficult to develop this site. He stated that this parcel was identified for the City’s 6 minimum requirements for high density housing within the Comprehensive Plan. He 7 noted that perhaps because of the circumstances of the site, the City could state that 8 perhaps eight units an acre would be a better fit. He believed that the City could still 9 technically comply with the high-density requirements but was unsure how the 10 Metropolitan Council would respond. 11 12 Martin agreed that this piece should be reviewed in context to the neighboring retail and 13 park properties. 14 15 Reid commented that she did not think the math would ever work on a property of this 16 size and noted that she would not want to see anything over two stories on this site. 17 She stated that she would support reexamining the zoning of this site. 18 19 IX. NEW BUSINESS 20 21 A. JD Dossier Holdings LLC – Holy Name Lake Estates Final Plat – NW of Holy 22 Name Lake (8:26 p.m.) 23 Martin noted that the Council has reviewed this on multiple occasions, and she finds the 24 Final Plat to be consistent with the Preliminary Plat. 25 26 Johnson stated that the applicant is proposing the division of three large acreage lots 27 into six lots. He stated that a public hearing would be needed to enact the stormwater 28 improvement taxing district. 29 30 Sparks commented that there are some road improvements proposed with this project 31 that are offsite and entering the site. He noted that those improvements are proceeding 32 forward. He noted that those elements are covered in the Development Agreement. He 33 provided updated figures on the park and trail dedication in terms of land and cash 34 contribution. He noted that modification to the drainage easements were made to match 35 existing drainage ways. He noted that the revised Final Plat was submitted showing 36 those easements. He stated that staff reviewed the Preliminary Plat conditions to 37 ensure those are being met through the proposed Final Plat and reviewed the actions 38 before the Council tonight. 39 40 Martin opened the public hearing. 41 42 No comments. 43 44 Martin closed the public hearing. 45 46 1. Resolution No. 2021-16 Granting Final Plat Approval of Holy Name 47 Estates 48 Moved by Martin, seconded by Albers, to adopt Resolution No. 2021-16 granting final 49 plat approval of Holy Name Lake Estates with the noted change to park dedication. 50 51 Medina City Council Meeting Minutes 9 March 16, 2021 A roll call vote was performed: 1 2 DesLauriers aye 3 Albers aye 4 Cavanaugh aye 5 Reid aye 6 Martin aye 7 8 Motion passed unanimously. 9 10 2. Development Agreement by and between the City of Medina and JD 11 Dossier Holdings LLC for Holy Name Lakes Estates 12 Moved by Reid, seconded by DesLauriers, to approve the development agreement by 13 and between the City of Medina and JD Dossier Holdings LLC for Holy Name Lake 14 Estates. 15 16 A roll call vote was performed: 17 18 DesLauriers aye 19 Albers aye 20 Cavanaugh aye 21 Reid aye 22 Martin aye 23 24 Motion passed unanimously. 25 26 3. Ordinance No. 671 Establishing the Holy Name Lake Estates Storm 27 Sewer Improvement Tax District 28 Moved by DesLauriers, seconded by Reid, to adopt Ordinance No. 671 establishing the 29 Holy Name Lake Estates Storm Sewer Improvement Tax District. 30 31 A roll call vote was performed: 32 33 Martin aye 34 Reid aye 35 Cavanaugh aye 36 Albers aye 37 DesLauriers aye 38 39 Motion passed unanimously. 40 41 4. Resolution No. 2021-17 Authorizing Publication of Ordinance No. 671 by 42 Title and Summary 43 Moved by DesLauriers, seconded by Cavanaugh, to adopt Resolution No. 2021-17 44 Authorizing Publication of Ordinance No. 671 by Title and Summary. 45 46 A roll call vote was performed: 47 48 Cavanaugh aye 49 Albers aye 50 Reid aye 51 Medina City Council Meeting Minutes 10 March 16, 2021 DesLauriers aye 1 Martin aye 2 3 Motion passed unanimously. 4 5 B. US Home Corp. (Lennar) – Meadowview Commons 2nd Addition Final Plat – 6 North of Hwy 55 and South of Meander Road, West of CR 116 (8:39 p.m.) 7 Johnson stated that Lennar is requesting Final Plat for the second addition which 8 includes the townhomes and outlots. 9 10 Finke commented that the first addition was approved in the fall and similarly this is 11 consistent with the approved Preliminary Plat. He noted that this would be the last 12 phase of this residential development. He noted that there was a fair amount of 13 discussion related to Tamarack Drive as part of the Preliminary Plat process. He noted 14 that the necessary right-of-way was not obtained from the property owner on the other 15 side of the road, therefore only the eastern portions of the improvements would be 16 provided with this project. 17 18 Johnson stated that Cavanaugh has stated that he will recuse himself from this item. 19 20 Cavanaugh confirmed that he is recusing himself on this matter. 21 22 Martin commented that when reviewing this information, she believed that the conditions 23 of Preliminary Plat are being met through this Final Plat. 24 25 DesLauriers recognized the work of staff throughout this process. 26 27 1. Resolution No. 2021-18 Granting Final Plat Approval of the Meadowview 28 Commons 2nd Addition Plat 29 Moved by DesLauriers, seconded by Martin, to adopt Resolution No. 2021-18 granting 30 final plat approval of the Meadowview Commons 2nd Addition Plat. 31 32 A roll call vote was performed: 33 34 DesLauriers aye 35 Albers aye 36 Cavanaugh recused 37 Reid aye 38 Martin aye 39 40 Motion passed unanimously. 41 42 2. Development Agreement by and between the City of Medina and 43 U.S. Home Corporation for Meadowview Commons 2nd Addition 44 Moved by DesLauriers, seconded by Reid, to approve the Development Agreement by 45 and between the City of Medina and U.S. Home Corporation for Meadowview Commons 46 2nd Addition. 47 48 A roll call vote was performed: 49 50 DesLauriers aye 51 Medina City Council Meeting Minutes 11 March 16, 2021 Albers aye 1 Reid aye 2 Martin aye 3 Cavanaugh recused 4 5 Motion passed unanimously. 6 7 X. CITY ADMINISTRATOR REPORT (8:46 p.m.) 8 Johnson stated that he sent the business discussion list to the Council. He reviewed the 9 proposed changes and noted that he would update the list and resend it to the Council. 10 11 Martin commented that once the lead Council and staff person establish the meeting 12 time, they should let the remainder of the Council know in the case other members want 13 to attend. She stated that the schedule could then be published. 14 15 Johnson advised of the date of the next fire services meeting noting that DesLauriers 16 and Cavanaugh will attend the April 7th meeting. He stated that there was a question 17 about a recent Executive Order from the Governor and noted that Batty has an update. 18 19 Batty stated that he was asked whether anything in the most recent Executive Order 20 changed the position on virtual government meetings. He commented that he does not 21 detect any change and therefore recommends the Council continue to follow the 22 guidance from the past year. 23 24 Martin commented that makes sense to her to continue in this virtual format because of 25 the small size of City Hall and the low number of vaccinations by staff and members of 26 the Council. 27 28 XI. MAYOR & CITY COUNCIL REPORTS (8:52 p.m.) 29 No comments. 30 31 XII. APPROVAL TO PAY THE BILLS (8:52 p.m.) 32 Moved by DesLauriers, seconded by Albers, to approve the bills, EFT 005850E-33 005865E for $56,269.45, order check numbers 051336-051379 for $118,913.02, and 34 payroll EFT 0510861-0510892 for $53,790.24. 35 36 A roll call vote was performed: 37 38 Martin aye 39 Reid aye 40 Cavanaugh aye 41 Albers aye 42 DesLauriers aye 43 44 Motion passed unanimously. 45 46 Medina City Council Meeting Minutes 12 March 16, 2021 XIII. ADJOURN 1 Moved by Cavanaugh, seconded by Reid, to adjourn the meeting at 8:57 p.m. 2 3 A roll call vote was performed: 4 5 DesLauriers aye 6 Albers aye 7 Cavanaugh aye 8 Reid aye 9 Martin aye 10 11 Motion passed unanimously. 12 13 __________________________________ 14 Kathleen Martin, Mayor 15 Attest: 16 17 ____________________________________ 18 Jodi M. Gallup, City Clerk 19 1 TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 27, 2021 MEETING: April 6, 2021 SUBJECT: 2021 Road Material & Equipment Bids Ten sealed bids were publicly opened and tabulated on Thursday, March 25th at 10:00 a.m., all responses were received prior to the advertised deadline. Contractor responses have been recorded in the enclosed spreadsheet: Road Materials and Equipment Bid Sheet 2021 (EXHIBIT A). It is Staff’s recommendation to accept the low bids as highlighted in yellow, with the intention to hire those contractors whenever possible. If unexpected issues arise (i.e., scheduling/delivery needs), it may be necessary to engage the contractor with the second lowest bid. Lowest bid details are recorded below: Bituminous Mixtures for paving and patching roads (#1 & #2) • Omann Brothers Inc. (picked up and placed on city streets) Bituminous Mixtures for paving and patching roads (#3) • Omann Brothers Inc. (picked up and placed on city streets) Bituminous Mixtures for paving and patching roads (#4) • Omann Brothers Inc. (picked up and placed on city streets) Bituminous Mixtures for paving and patching trails (placed on city trails) (#5) • Omann Brothers Inc. Bituminous Fine Mix/Sand Mix (#6) • Omann Brothers Inc. Bituminous Integral Curb Installation (#7) • Omann Brothers Inc. Milling of Bituminous Surface (which includes Milling Removal) (#8) • Omann Brothers Inc. Miscellaneous Milling Services (#9) • Omann Brothers Inc. MEMORANDUM Agenda Item #5A 2 Reclaim Roadway (#10) • Omann Brothers Inc. & GMH Asphalt (based on depth) Sealcoating/Installed CRS-2 Liquid Asphalt (#11A & #11B) • Pearson Brothers Inc. Curb Installation (#12 & #13) • Schmidt Curb Company Non-reinforced Concrete Flat Work (#14) • Schmidt Curb Company Crushed Limestone (delivered to site) (#15 & #16 & #17) • Kraemer Mining & Mat Inc. Clean Crushed Limestone (delivered to site) (#18) • Kraemer Mining & Mat Inc. Crushed Recycled Material-Bituminous (#19) • Bryan Rock Products Inc. Class 5 Gravel (delivered to site) (#20) • Hassan Sand & Gravel Winter Sand (delivered to site) (#21) • Hassan Sand & Gravel Clean Crushed Limestone Chips (delivered to site) (#22) • Bryan Rock Products Inc. Granite or Trap Rock (#23) • No Bids Rip Rap (delivered to site) (#24) • Kraemer Mining & Mat Inc. Equipment Rental (#25 - #28) – Equipment Rental items varied slightly and therefore, each rental would be evaluated for the type and size of equipment needed for the job. Miscellaneous Equipment & Other Bid Details (listed in Additional Remarks section) Attachments • Road Materials and Equipment Bid Sheet 2021 (EXHIBIT A) Exhibit A Company Name Hassan Sand and Gravel Kraemer  & Sons Bryan Rock Omann GMH  Asphalt Allied  Blacktop Schmidt  Curb Pearson KD & Co  Recycling DMJ Material/Bid #1 MN‐D.O.T. SPNWB230(B) MIX Picked up $54.00 Delivered to site N/A Placed on city streets $74.20 $84.60 #2 MN‐D.O.T. SPNWB330(B) MIX Picked up $54.00 Delivered to site N/A Placed on city streets $74.20 $84.30 # 3 MN‐D.O.T. SPWEB240(B) MIX  Picked up $54.95 Delivered to site N/A Placed on city streets $74.20 $82.60 #4 MN‐D.O.T. SPWEB340(C) MIX Picked up $60.50 Delivered to site N/A Placed on city streets $80.20 $90.50 #5 MN‐D.O.T. SPWEA240(B) MIX Placed on city trails $95.20 $135.00 $128.500 #6 BITUMINOUS FINE MIX/SAND  MIX Picked up $82.95 Delivered to site N/A City of Medina Road Materials and Equipment Bid Sheet 2021 Yellow  = Lowest or Only Bid paving width under 8-1/2' requires addtion charge for little paver rental Page 1 of 6 Exhibit A Company Name Hassan Sand and Gravel Kraemer  & Sons Bryan Rock Omann GMH  Asphalt Allied  Blacktop Schmidt  Curb Pearson KD & Co  Recycling DMJ Material/Bid City of Medina Road Materials and Equipment Bid Sheet 2021 Yellow  = Lowest or Only Bid #7 BITUMINOUS INTEGRAL CURB  INSTALLATION Installation Price per Lin Ft $5.00 $10.00 #8 MILL BITUMINOUS SURFACE AT  DEPTH PER  SQ YD (INCLUDING  MILLING REMOVAL) 0 ‐ 2" Depth per sq yard $1.95 $5.30 2 ‐ 4" Depth per sq yard $2.80 $5.90 4 ‐ 6" Depth per sq yard $4.50 $6.45 Mobilization Fee $500.00 $1,500.00 #9 MISCELLANEOUS MILLING  SERVICES AT PER HOUR RATE Width of Machine      60"          /    24"or 40" 24" Per Hour Rate $495.00       /       $160.00 $200.00 Mobilization Fee $500.00      /      $160.00 $450.00 #10 RECLAIM ROADWAY AT DEPTH  PER SQUARE YARD 0 ‐ 2" Depth per sq yard $3.60 $1.65 2 ‐ 4" Depth per sq yard $3.60 $1.75 4 ‐ 6" Depth per sq yard $3.60 $1.90 Mobilization Fee $500.00 $1,500.00 Reclaimer Per Hour $400.00 includes grade work & compaction skid mill & broom Page 2 of 6 Exhibit A Company Name Hassan Sand and Gravel Kraemer  & Sons Bryan Rock Omann GMH  Asphalt Allied  Blacktop Schmidt  Curb Pearson KD & Co  Recycling DMJ Material/Bid City of Medina Road Materials and Equipment Bid Sheet 2021 Yellow  = Lowest or Only Bid #11A  SEALCOATING INSTALLED  CRS‐2 LIQUID ASPHALT  @.27Gal/SqYd 1/8” Trap  rock@25#/SqYd 0 ‐ 25,000 sq yds $1.51 $1.18 25‐50,000 sq yds $1.46 $1.07 50‐75,000 sq yds $1.41 $1.06 75‐100,000 sq yds $1.40 $1.06 #11B SEALCOATING INSTALLED CRS‐ 2 LIQUID ASPHALT @.30 Gal/SqYd   FA2 Granite @28#/SqYd 0 ‐ 25,000 sq yds $1.46 $1.20 25‐50,000 sq yds $1.41 $1.19 50‐75,000 sq yds $1.40 $1.18 75‐100,000 sq yds $1.39 $1.17 #12 CURB INSTALLATION MN‐ D.O.T. D424 Remove/Replace Lin Ft No Bid R&R‐other Lin Ft No Bid New Installation Lin Ft $35.00 #13 CURB INSTALLATION MN‐ D.O.T. B618 Remove/Replace Lin Ft No Bid R&R‐other Lin Ft No Bid New Installation Lin Ft $35.00 Page 3 of 6 Exhibit A Company Name Hassan Sand and Gravel Kraemer  & Sons Bryan Rock Omann GMH  Asphalt Allied  Blacktop Schmidt  Curb Pearson KD & Co  Recycling DMJ Material/Bid City of Medina Road Materials and Equipment Bid Sheet 2021 Yellow  = Lowest or Only Bid #14 NON REINFORCED CONCRETE  FLAT WORK 4" Thick per sq. foot $9.00 6" Thick per sq. foot $12.00 8" Thick per sq. foot $15.00 #15 ¾ “ MINUS CRUSHED  LIMESTONE Delivered to site per ton $22.90 $17.75 $18.10 #16 1” MINUS (MN‐D.O.T. 3138,  CLASS 5) CRUSHED LIMESTONE Delivered to site per ton $22.90 $15.50 $17.70 #17  1 ½” MINUS CRUSHED  LIMESTONE Delivered to site per ton $22.95 $16.50 $17.70 #18  1 ½” CLEAN CRUSHED  LIMESTONE Delivered to site per ton $32.10 $25.85 $26.60 #19  CLASS 5 CRUSHED RECYCLED  MAT‐ BITUMINOUS Picked up per ton $10.50 $7.60 $9.99 Delivered to site per ton $15.81 $14.60 $16.99 #20  CLASS 5 GRAVEL Delivered to site per ton $18.16 #21 FA‐1 (WINTER SAND) Delivered to site per ton $13.86 #22 5/16” CLEAN CRUSHED  LIMESTONE CHIPS Delivered to site per ton $26.60 End dump delivery con-bit Page 4 of 6 Exhibit A Company Name Hassan Sand and Gravel Kraemer  & Sons Bryan Rock Omann GMH  Asphalt Allied  Blacktop Schmidt  Curb Pearson KD & Co  Recycling DMJ Material/Bid City of Medina Road Materials and Equipment Bid Sheet 2021 Yellow  = Lowest or Only Bid #23 3/16” CLEAN F.A. 3 GRANITE  OR TRAP ROCK Delivered to site per ton #24 CLASS 3 RIP RAP Delivered to site per ton $38.00 $45.70 #25 ‐ TANDEM AXLE DUMP TRUCK  WITH OPERATOR Box Size ‐ Cubic yards 14 ‐ 15 18 ‐ 19 Per Hour Rate $108.00 $102.50 #26 ‐ CRAWLER DOZER WITH  OPERATOR Size of Machine CAT06 Per Hour Rate $165.00 Mobilization Fee $400.00 #27 ‐ CRAWLER LOADER WITH  OPERATOR Size of Machine ‐  Cubic yards Per Hour Rate #28 ‐ CRAWLER BACKHOE WITH  OPERATOR Bucket Size ‐ Cubic yards 1 Per Hour Rate $165.00 Mobilization Fee $400.00 NOTE: Equipment Needs will be based upon the job requirements and then the lowest bid since there are variations in equipment specs.  Quad (18-18 ST)Quad, box size in tons No Bids Were Received No Bids Were Received Page 5 of 6 Exhibit A Company Name Hassan Sand and Gravel Kraemer  & Sons Bryan Rock Omann GMH  Asphalt Allied  Blacktop Schmidt  Curb Pearson KD & Co  Recycling DMJ Material/Bid City of Medina Road Materials and Equipment Bid Sheet 2021 Yellow  = Lowest or Only Bid ADDITIONAL REMARKS 2% discount if purchases made  during month are paid for in‐full  by the 15th of the following  month. all deliveries based on end  dump semis (24‐25) ton loads.   All loads less than 23 ton are  subject to addt'l delivery  charges Reclaim item includes grade &  compact, does not include  water.  Tri‐axle trucking ‐  $98.50/HR, quint‐axle  $106.50/HR, super7 ‐ $115/HR Elgin street sweeper ‐ $125/HR Page 6 of 6 1 TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 19, 2021 MEETING: April 6, 2021 SUBJECT: Garden Maintenance Garden maintenance is necessary at the rain gardens (Holy Name Park, Water Treatment Plant) and beneath sign gardens (Parks, City Hall, Public Works/Police). Maintenance consists of spring and fall clean-up of garden beds, adding black dirt, mulching, weeding, deadheading, splitting, relocating plants, replacing dead plants and the trimming of shrubs. When Public Works is occupied with jobs of higher priority, garden tasks are outsourced. Designing Nature offers a per-hour no-minimum rate and has done a good job with our gardens for several years. Recommendation It is the recommendation of Staff to extend the Garden Maintenance Services Agreement with Designing Nature for an additional two years, 2021 and 2022, at the agreed upon rate of $31/hour. Attachments • Garden Maintenance Services Agreement • Exhibit A – Designing Nature Proposal MEMORANDUM Agenda Item #5B 1 GARDEN MAINTENANCE SERVICES AGREEMENT This Agreement is made this 7th day of April 2021, by and between Designing Nature, Inc., 3312 Red Fox Drive, Medina, MN 55340, 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 garden maintenance services; and 2. The City has approved the contract for garden maintenance 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 garden maintenance services for the City. “Garden Maintenance Services” will consist of initial clean-up of all garden beds, weeding, deadheading, and trimming of shrubs where necessary at all City facilities, as well as other areas specified by the Public Works Director. As part of this contract, the Public Works Director may also ask the contractor for recommendations on purchase of additional plantings as needed, as well as dividing plants in the fall to use in the various garden areas. If there is cause for the Contractor to need larger equipment not normally used in basic gardening, the Public Works Director will work out additional compensation. 2.0 TERM. The term and prices of this contract shall remain in effect from April 2021 – November 2022, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor at a rate of $31/hour per person, plus materials, for garden maintenance services described on Exhibit A and above in Scope of Service. The City is exempt from sales tax. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and 2 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. 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 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 11.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 3 12.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 14.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Jodi M. Gallup, City Clerk DESIGNING NATURE, INC. By ______________________________ 1 3312 Red Fox Drive Hamel MN 55340 Phone: 763-478-4565 www.designingnatureinc.com Date: March 18, 2021 Client name: City of Medina Address: 2052 Co Rd 24 Medina MN 55340 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of: Garden Maintenance services provided at $31.00 per hour per person plus materials. Garden Maintenance will be performed at the City Hall sign, Public Works sign and flagpole, Park signs, Rain Gardens, Butterfly Garden and Hamel Road planting beds. We would propose 4 visits per season: Spring clean-up, two mid-summer check-in’s which include weeding/trimming and a fall cleanup. This proposal is good for 2 calendar years. The addition or omission of any parts of the work or materials as added to or omitted from the General Contract by the Owner or General Contractor; that fair adjustments shall be made in the Contract Price for each added or omitted work. Contractor shall not be liable for any unforeseen or unusual physical conditions which differ materially ordinarily found to exist and generally recognized as inherent in construction activities including but not limited to; poor soil, electrical, and irrigation lines. Any such corrections or repairs shall be performed at the sole cost and expense of the owner. Respectfully Submitted By: Jackie Leuer jleuer@designingnatureinc.com & Sarah Notch snotch@designingnatureinc.com The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature: Title:_____________________________________ Date: 2 Notice We are authorized by law to provide you with this NOTICE. You are, therefore, notified that: (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. Dated: March 18, 2021 Designing Nature, Inc. A Minnesota Corporation By: Jackie Leuer & Sarah Notch The undersigned Owner named in the foregoing Agreement hereby acknowledges receipt of this Notice from Designing Nature Inc., a Minnesota Corporation on this ___day of ________, 2021. (OWNER) (OWNER TERMS & CONDITIONS UNPAID INVOICES ARE PAST DUE 30 DAYS FROM DATE OF INVOICE. PAST DUE AMOUNTS ARE SUBJECT OT A SERVICE CHARGE OF 1.5% PER MONTH, WHICH IS AN ANNUAL RATE OF 18%. A SERVICE CHARGE OF $25.00 WILL BE APPLIED TO EACH RETURNED CHECK. 1 3312 Red Fox Drive Hamel MN 55340 Phone: 763-478-4565 www.designingnatureinc.com Date: March 18, 2021 Client name: City of Medina Address: 2052 Co Rd 24 Medina MN 55340 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of: Garden Maintenance services provided at $31.00 per hour per person plus materials. Garden Maintenance will be performed at the City Hall sign, Public Works sign and flagpole, Park signs, Rain Gardens, Butterfly Garden and Hamel Road planting beds. We would propose 4 visits per season: Spring clean-up, two mid-summer check-in’s which include weeding/trimming and a fall cleanup. This proposal is good for 2 calendar years. The addition or omission of any parts of the work or materials as added to or omitted from the General Contract by the Owner or General Contractor; that fair adjustments shall be made in the Contract Price for each added or omitted work. Contractor shall not be liable for any unforeseen or unusual physical conditions which differ materially ordinarily found to exist and generally recognized as inherent in construction activities including but not limited to; poor soil, electrical, and irrigation lines. Any such corrections or repairs shall be performed at the sole cost and expense of the owner. Respectfully Submitted By: Jackie Leuer jleuer@designingnatureinc.com & Sarah Notch snotch@designingnatureinc.com The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Signature: Title:_____________________________________ Date: 2 Notice We are authorized by law to provide you with this NOTICE. You are, therefore, notified that: (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. Dated: March 18, 2021 Designing Nature, Inc. A Minnesota Corporation By: Jackie Leuer & Sarah Notch The undersigned Owner named in the foregoing Agreement hereby acknowledges receipt of this Notice from Designing Nature Inc., a Minnesota Corporation on this ___day of ________, 2021. (OWNER) (OWNER TERMS & CONDITIONS UNPAID INVOICES ARE PAST DUE 30 DAYS FROM DATE OF INVOICE. PAST DUE AMOUNTS ARE SUBJECT OT A SERVICE CHARGE OF 1.5% PER MONTH, WHICH IS AN ANNUAL RATE OF 18%. A SERVICE CHARGE OF $25.00 WILL BE APPLIED TO EACH RETURNED CHECK. 1 TO: Medina City Council FROM: Jodi Gallup, Assistant City Administrator DATE: March 23, 2021 RE: Grant Funding for Ball Field Lights at Paul Fortin Field At the November 4, 2020 City Council meeting, the Council approved a resolution authorizing the City of Medina and the Hamel Athletic Club (HAC) to apply for a grant from the Hennepin County Youth Sports Grant program to light the Paul Fortin Field in Hamel Legion Park. The City was recently notified that we have been awarded $148,490 from the grant. The total project cost will likely be $270,000 to $300,000. HAC gave a thorough presentation to the Park Commission at their March 17, 2021 meeting (see attached minutes) reviewing their program, vision, and funding strategy. HAC has proposed a similar funding strategy to past projects we have worked with them on, which would be 50% grant funding, 25% HAC donation, and 25% City match. HAC has secured a loan with Farmers State Bank of Hamel for their share (up to $75,000) and have asked the City of Medina to donate up to $75,000 toward the project. The Park Commission reviewed their proposal and recommended approval to fund the project on a 5-1 vote. This project can be funded using Park Dedication funds since it is a new park improvement. The City currently has a balance of $1,669,214 in our Park Dedication account. Recommendation Approve Hennepin County Youth Sports Program Grant Agreement and authorize the use of Park Dedication funds up to $75,000 to pay for City’s portion of project. Attachments • Hennepin County Youth Sports Program Grant Agreement • Excerpt from March 17, 2021 Park Commission Meeting MEMORANDUM Agenda Item #5C Contract No: PR00002979 HENNEPIN COUNTY YOUTH SPORTS PROGAM GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), and City of Medina, a municipal corporation, 2052 County Road 24, Medina, MN 55340 (herein referred to as “LGU” or Grantee). Recitals 1. Section 473.757, subd. 2 of Minnesota Statutes authorizes COUNTY to make grants for youth activities and youth and amateur sports within Hennepin County with certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10 of Minnesota Statutes. 2. Pursuant to Hennepin County Board Resolution 09-0320R3, COUNTY created the Hennepin Youth Sports Program. The Hennepin Youth Sports Program makes grants for youth sports and activities and amateur sports within Hennepin County. 3. On November 2nd, 2020 the City of Medina applied for a grant award from the Hennepin Youth Sports Program for Hamel Athletic Club, and COUNTY authorized an award to Grantee through Resolution 20-0516R1 dated December 15, 2020. This award is to be distributed pursuant to the terms herein NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. PROJECT, TERM AND GRANT AMOUNT GRANTEE shall complete all grant requirements (“Grant Requirements”) commencing January 1, 2021 and expiring July 31, 2022, unless cancelled or terminated earlier in accordance with the provisions herein. On December 15, 2020 as part of the Hennepin Youth Sports Program, by Resolution No. 20-0516R1, COUNTY authorized an award in an amount not to exceed $148,490 to the LGU. Grant Form 101 (Revised 8/2019) 1 2 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 As used herein, the term “Project” shall mean the facility construction project described in the “Application”, on file and incorporated into this agreement by this reference. 2. GRANT REQUIREMENTS A. As part of this agreement, Grantee shall complete the activities outlined in its Hennepin Youth Sports Program application submitted to COUNTY (“Project”) namely purchase of lighting equipment for use at Hamel Legion Park. B. Within ninety (90) days of completion of the Project, Grantee shall report information about the Project and other data related to the Project as may be reasonably requested by COUNTY. 3. GRANT DISBURSEMENT Upon completion of the Project, the LGU shall submit invoices for actual Project expenses with a request for disbursement letter on a form which will be furnished by the COUNTY. Upon COUNTY’s confirmation that the Project is complete, COUNTY shall pay for duly incurred expenses, in accordance with the Application and this Agreement, in an amount not to exceed $148,490. Except for Grant funds, COUNTY shall not pay or be responsible for any amounts to GRANTEE. Payment shall be made with forty-five (45) days from receipt of the disbursement request and supporting invoices. . 4. INDEPENDENT CONTRACTOR GRANTEE shall select the means, method, and manner of performing Grant Requirements, if any. 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 GRANTEE as the agent, representative, or employee of COUNTY for any purpose. GRANTEE is and shall remain an independent contractor under this Agreement. GRANTEE shall secure at its own expense all personnel required in completing Grant Requirements, if any, under this Agreement. GRANTEE’s personnel and/or subcontractors engaged to perform any work 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 related to or on behalf of any of GRANTEE’s personnel, including without limitation, claims that arise out of 3 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against GRANTEE, 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. 6. NON-DISCRIMINATION In accordance with COUNTY’s policies against discrimination, GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination. 7. AFFIRMATIVE ACTION GRANTEE may be granted an exemption from the requirements of this Section for one of the following reasons: (1) Agreement is for emergency or life safety-related purchases; (2) GRANTEE has no facilities and has no more than one employee operating within the geographic boundaries of Hennepin County; (3) GRANTEE had an average of forty (40) or fewer full-time/benefit-earning employees during the twelve (12) months preceding the submission of the bid, request for proposal or execution of this Agreement; or (4) Pursuant to Hennepin County Board policy, the County Administrator or his/her designee granted an exemption. A. Requirements. In accordance with Hennepin County Board Resolution and subject to the applicable exemptions, if any, listed above, if this Agreement is for a sum over $100,000 or is amended to exceed $100,000, then GRANTEE shall abide by COUNTY’s Affirmative Action requirements for COUNTY contractors. Those requirements, for purposes of this Agreement, are consistent with those imposed for state contractors pursuant to Minnesota Statutes, sections 363A.36 to .37 and Minnesota Rules, parts 5000.3200 to 5000.3600. B. Compliance; Remedies. GRANTEE shall demonstrate compliance by submitting and maintaining a workforce certificate from the Minnesota Department of Human Rights (MDHR), unless COUNTY provides for alternative certification. GRANTEE shall remain in compliance with all applicable requirements through the term of this Agreement. GRANTEE shall also provide all compliance 4 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 documentation requested by the MDHR or by COUNTY, and shall cooperate with all compliance activities, including but not limited to site visits. If GRANTEE fails to demonstrate good faith efforts to correct any identified Affirmative Action deficiencies or fails to submit requested reports or information required by COUNTY or the MDHR, or has engaged in discriminatory practices, COUNTY may consider this a violation of this Agreement and may exercise any remedies available to it in law or in equity, including, but not limited to, cancellation or termination of this Agreement. 8. INDEMNIFICATION GRANTEE 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 attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, 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 this Agreement, and against all loss by reason of the failure of GRANTEE 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 GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 9. INSURANCE [INTENTIONALLY OMITTED] 10. DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of this Agreement. 11. DATA PRIVACY AND SECURITY GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, 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 or the privacy, confidentiality or security of data, which may include the Health Insurance 5 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law. 12. 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, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 13. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. LGU binds itself, its successors and assigns to the COUNTY for all covenants, agreements and obligations contained in this Agreement. B. LGU shall not assign, transfer or pledge this Agreement 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 LGU, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. C. GRANTEE shall not subcontract this Agreement whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of any specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. GRANTEE shall make contracts between GRANTEE and subcontractors available upon request. For clarification and not limitation of the 6 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 provisions herein, none of the following constitutes assent by COUNTY to a contract between GRANTEE and a subcontractor, or a waiver or release by COUNTY of GRANTEE’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between GRANTEE and subcontractors; (2) COUNTY’s review, extent of review or lack of review of any such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, GRANTEE shall pay any subcontractor within ten (10) days of GRANTEE’s receipt of payment from COUNTY for undisputed services provided by the subcontractor, and GRANTEE shall comply with all other provisions of that statute. 14. MERGER, MODIFICATION AND SEVERABILITY A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. 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. LGU and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B. Any alterations, variations or modifications of the 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. 15. DEFAULT AND CANCELLATION/TERMINATION A. 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 GRANTEE’s compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to GRANTEE. In the event of cancellation/termination, COUNTY shall have no obligation to reimburse Project expenditures for which a reimbursement request has not been received by the date of cancellation/termination. B. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact 7 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 amount of damages due COUNTY from GRANTEE is determined. Following notice from COUNTY of the claimed breach and damage, GRANTEE and COUNTY shall attempt to resolve the dispute in good faith. C. 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. D. 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. 16. 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: GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA AND MARKETING; and MINNESOTA LAW GOVERNS. 17. GRANT ADMINISTRATION (“Grant Administrator”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. Jodi Gallup 763-473-8850 (jodi.gallup@Medinamn.gov) shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email/fax number (if available) of such substitute person and of any other subsequent substitute person. 18. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, funding sources, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. 8 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 19. PAPER RECYCLING COUNTY encourages GRANTEE to develop and implement an office paper and newsprint recycling program. 20. 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 GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE’s Form W-9 provided to COUNTY. 21. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’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 GRANTEE, GRANTEE 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 GRANTEE will or will not resign from the other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict may, in COUNTY’s discretion, be cause for cancellation or termination of this Agreement. 22. MEDIA AND MARKETING The parties shall cooperatively and collaboratively develop Project marketing including but not limited to a permanent plaque or sign, news releases, public announcements, social media, video, civic opportunities, logos and community events. GRANTEE shall not unreasonably refuse or withhold participation from any COUNTY initiated marketing project, plan or strategy. GRANTEE shall provide an advance copy of any independently developed messaging and marketing materials regarding the Project to COUNTY for review and approval. COUNTY may, in its sole discretion, reject any proposed marketing if COUNTY determines the proposed marketing does not reflect the spirit or intent of the Project, this grant or is otherwise contrary to COUNTY’s best interests. For clarification and not limitation, this section applies all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, GRANTEE (i) that reference or otherwise use the term “Hennepin County,” or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the 9 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 County of Hennepin, this Agreement, the Grant Requirements performed hereunder or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 23. 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. 24. HENNEPIN COUNTY PERSONAL PROPERTY TAX AND PROPERTY TAX GRANTEE affirms that it and its officers have paid all Hennepin County personal property taxes and property taxes due on all of its Hennepin County properties for taxes owed on or before the date of the execution of this contract. If the County finds that property taxes have not been paid by GRANTEE, GRANTEE’s owner and GRANTEE’s board of directors (if any), County may refuse to disburse funds or require the return of all or part of the funds already disbursed. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 10 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 {{Sig_es_:signer3:signature}} {{Sig_es_:signer6:signature}} {{userstamp3 es :signer3:stamp}} {{userstamp6 es :signer6:stamp}} {{Sig_es_:signer4:signature}} {{Sig_es_:signer7:signature}} {{userstamp4 es :signer4:stamp}} {{userstamp7 es :signer7:stamp}} {{*BoardResolution es :signer4:brs}} {{Sig_es_:signer5:signature}} {{userstamp5 es :signer5:stamp}} {{Sig_es_:signer1:signature}} {{userstamp1 es :signer1:stamp}} {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: Reviewed for COUNTY by: Board Resolution No: Document Assembled by: T#*(a. R0++ EҊ.$") d спсрҊптҊсф прѷсрPM CDT T#*(a.ѵR0++ҽ# )) +$)ѵ0. H )) +$) C*0)/4 S-ѵ F$)a)c$a' Ma)a" ( )/ A)a'4./ COUNTY OF HENNEPIN STATE OF MINNESOTA By: ATTEST: By: 11 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 {{Sig_es_:signer2:signature}} {{userstamp2 es :signer2:stamp}} {{ ttl es :signer2:title}} GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* By: *GRANTEE 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 GRANTEE returns the Agreement to COUNTY. Documentation is not required for a sole proprietorship. 12 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 ATTACHMENT A Affidavit of Project Completion This document is to be completed for projects receiving Hennepin Youth Sports Program Grants where a Certificate of Occupancy, per Minnesota Rules 1300.0220, is not required to be issued. I hereby certify that: 1. The facility/structure listed below is not subject to the conditions of Minnesota Rules 1300.0220 2. This document shall serve in lieu of a Certificate of Occupancy. 3. The construction of the facility is completed as outlined in contract PR00002979 with Hennepin County 4. The facility is safe to be occupied by the public. 5. The required signage/plaque is in place per county guidelines Facility Address: PIN (if applicable): Legal Description: Zoning District: Owner Name: Address: City State Zip: Phone: Comments: Name of Grant Recipient: Name of Authorized Official (print) Title Signature Date This document is to be mailed to: Lynda Lynch Minnesota Amateur Sports Commission 1700 105th Avenue NE Blaine, MN 55449 13 Grant Form 101 (Revised 8/2019) as modified for Youth Sports Grants 1/2020 ATTACHMENT B SAMPLE REIMBURSEMENT REQUEST LETTER (Submitted on Grant Recipient’s Official Letterhead) (Date) Minnesota Amateur Sports Commission Attn: Lynda Lynch 1700 105th Avenue NE Blaine MN 55449 Dear Ms. Lynch: Please accept this letter as our formal request to receive the Hennepin Youth Sports Program grant funds in the amount of $ for project. This letter also serves as official notification of our acknowledgement and adherence of the language and provisions of the executed grant agreement PR000002979 Per your request and attached for your review are copies of paid invoices totaling $ . These paid invoices equal or exceed our project’s grant award. In addition, to demonstrate the project has been completed and documented as such, a copy of the Certificate of Occupancy is enclosed for your records. I trust the documentation provided is sufficient for your purposes. Please feel free to contact me if you need additional information or have any questions. Sincerely, (Authorized/Official Signature) Excerpt from 3.17.21 Park Commission Meeting Minutes 1 Hamel Athletic Club – Program Update and Ball Field Lights Grant Hamel Athletic Club (HAC) President Andy Servi provided a program update to the Park Commission, first, noting the field improvements made to Quad # 1 field in fall 2020. He stated that HAC’s enrollment for 2021 capped at 540 kids. He stated the upgrades to Quad # 1 and previously to Quad # 4 allows space between those field and the outer fence for tee-ball and coach pitch. This allows the larger grass field by the hill to remain usable for non-baseball activities and brings the younger kids closer to the other fields, restrooms, and concessions. HAC will be implementing a new strategy in 2021 to alleviate parking by scheduling 30 minutes between sessions, utilizing parking at Farmers State Bank of Hamel, and having the Majors/Minors programs to start practices at the batting cages. Servi reviewed HAC’s programing, stating the program brings in an average of 550 baseball participants a year and uses every City of Medina field in Hamel Legion Park and Hunter Lions Park. HAC’s program generates approximately 14,500 park visits over the spring/summer between players and families. He noted that HAC differentiates from other leagues based on their mostly Monday through Thursday cabin friendly schedule. The program has always had kids ages 4-12 years old, and occasionally has kids 13-16 years old. Servi stated that HAC’s vision is to maintain a community-based youth baseball program for youth pre-K through high school. HAC plans to permanently expand the program to serve kids ages 4-18 years old (through high school), which creates an increased need for the Paul Fortin regulation baseball field for kids 14-18 years old. HAC’s vision is also to maintain a cabin-friendly schedule with minimal weekend activities, to foster a community by honoring play-with requests, maintaining coaching/teams year-over-year, and centralizing play at Hamel Legion Park. HAC encourages new kids to enter the program at all ages from 4-18 to develop all kids regardless of their skill level. HAC also provides competitive opportunities for kids seeking additional baseball. Ultimately, HAC’s vision would be to consider expanding the Hamel Athletic Club beyond baseball to other activities/leagues such as soccer or pickleball. Servi stated that the Paul Fortin Field is currently underutilized with less than one scheduled event per week due to games requiring 2.5 hours of daylight, which without lights is difficult to host on a weeknight. He noted that the Hamel Hawks often must play their games on weekends to allow games during the day, because visiting teams would have difficulty arriving at the field by 4:30 p.m. on a weeknight to warm-up and play the game before dusk. Servi stated the addition of lights on the Paul Fortin Field would allow the field to be used on weeknights and allow for multiple practices/games per night instead of a single event. Excerpt from 3.17.21 Park Commission Meeting Minutes 2 Servi said that HAC’s vision for the Paul Fortin Field would be to develop a destination for baseball players and fans, to increase the traffic to Hamel, which will hopefully add businesses to the area, and to host a 100-year celebration including a 2026 townball state tournament. Servi said that step one for their vision is to add lights to the Paul Fortin Field, followed by step two to add seating such as a grandstand and amenities. Servi stated that HAC and the City applied for a Hennepin County Youth Sports grant to help fund the ball field lights in November 2020, which the City was recently notified we had been rewarded a grant in the amount of $148,490 toward the lights, which is approximately half of the overall project cost. An additional opportunity also exists to reduce the overall project costs by up to $30,000 working with a former Musco sales employee, which the City will be looking into. Servi noted that HAC has partnered with the City over the past several decades, including donating over $228,000 in the last 10 years. HAC has obtained over $293,490 in outside grant funds for the City of Medina, including this one. He noted in 2018 LED lights were added to the Little League field in Hamel Legion Park, which the project costs were split 1/3 Twins grant funding obtained by HAC/Medina ($50,000), 1/3 covered by HAC ($50,000), and 1/3 covered by Medina ($50,000). Servi stated that HAC has a similar proposal to light the Paul Fortin Field, with $148,490 from the Hennepin Youth Sports grant and the remaining costs to be split evenly between HAC and the City of Medina (approximately $75,000 each). He noted HAC has already met with the bank and arranged to finance their portion. Lee thanked Servi for his well thought out presentation and for HAC’s contributions to the park over the last several years. He questioned if the lights would be LED and downcast to not bleed into surrounding areas. Servi confirmed these lights would be LED downcast lights similar to the lights on the current lighted Little League Field. He noted there are cheaper lights out there, but this proposal is for high quality lights because it is important to HAC and Medina to have LED downcast lights. Lee reviewed the funding sources from the materials in the Park Commission packet and noted the lights should be funded from the Park Dedication fund since this project is a new improvement to the field. It was also noted the Park Dedication fund balance has enough funds at $1,669,214, and the municipal park fund is still growing with $379,193 in that account. Lee asked if HAC would be looking for a financial partnership with the City on building the grandstand in a future year. Excerpt from 3.17.21 Park Commission Meeting Minutes 3 Servi confirmed that HAC would be looking for funding partnerships when they were ready to proceed with that phase of the vision. Norman thanked Servi for his presentation and noted it was great to hear about HAC’s program in the community. Sharp thanked Servi for their hard work and noted it was great to be a partner with HAC. Jacob asked how much the Paul Fortin field would be used once the lights were installed. Servi stated the field would be able to be used four nights a week and one to two times on weekends with the season running from May 1 to mid-August each year. Additionally, there may be opportunity for a fall ball league. Morrison asked how many kids in the program were from the City of Medina. Servi stated that 20% of their kids are from Medina, which is an accurate representation of Medina when comparing the population of Medina to surrounding areas included in the program such as the Wayzata and Rockford school districts. A motion was made by Lee and seconded by Sharp to recommend to the City Council to partner with the Hamel Athletic Club on the installation of ballfield lights on the Paul Fortin field utilizing up to $75,000 in Park Dedication funds. A roll call vote was taken: Park Commissioner Mary Morrison - nay Park Commissioner Angela Bernhardt – aye Park Commissioner Steve Lee - aye Park Commissioner Nila Norman – aye Park Commissioner Terry Sharp – aye Park Commissioner John Jacob – aye Motion passed 5-1. 1 TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 26, 2021 MEETING: April 6, 2021 SUBJECT: Paul Fortin Baseball Field Lighting Project Consultant The City has engaged Sports Lighting Authority to facilitate the design, procurement, and construction processes of the ballfield lights on the Paul Fortin Field. This will be somewhat of a design build process with the city being the purchasing agent through the state cooperative system. Sports Lighting Authority will serve as the "sports-lighting consultant/owner's representative" to the City of Medina for the lighting of the Hamel Hawks baseball field. As the consultant to the City, Sports Lighting Authority will ensure that the baseball field lighting is completed on time and correctly at a fair cost. The total fee for the services provided by Sports Lighting Authority is $9,875. Recommendation Approve Sports Lighting Authority Consultant Agreement for a not to exceed amount of $9,875. Attachment: • Ball Field Lights – Consultant Quote MEMORANDUM Agenda Item #5D From: Craig Gallop <cgallop@sportslightingauthority.com> Sent: Thursday, March 25, 2021 11:04 AM To: Steve Scherer <steve.scherer@medinamn.gov> Cc: Harlan Gallop <HGallop@sportslightingauthority.com> Subject: Sports-Lighting Consultant for Hamel Hawks Baseball Field Lighting Steve, Sports Lighting Authority will serve as the "sports-lighting consultant/owner's representative" to the City of Medina for the lighting of the Hamel Hawks baseball field. As the consultant to the City, Sports Lighting Authority will ensure that the baseball field lighting is completed on time and correctly at a fair cost. We will oversee the bid process for both the lighting system and the installation, work with Xcel Energy upgrading the existing transformer, review bids and submittals, make recommendations regarding most appropriate bids, assist the City in awarding contracts, conduct pre-con meetings, oversee the installation process, address any construction problems that may occur, and provide final approval and report upon completion of the project. Sports Lighting Authority will ensure that the needs of the City of Medina come first and foremost. We will make sure the lighting manufacturer and installing contractor meet all obligations of the specifications prior to final payment by the City. The total fee for the services provided by Sports Lighting Authority is $9,875. The services can be divided into two separate categories as follows: Phase 1) Work with Xcel representative in upgrading existing transformer; provide lighting, structural, and electrical specifications for bid purposes; provide review of cooperative purchase bids from lighting manufacturers for lowest appropriate bid; provide review of bids for structural and electrical installation for lowest appropriate bid; review submittals by lighting manufactures in regard to meeting specifications; assist the City in award of contracts; schedule and conduct pre-con meetings with lighting manufacturer and installing contractor. Service fee for Phase 1 is $5,431. Phase 2) Monitor the structural installation of concrete bases, poles, and the lighting system; if problems occur during the construction phase, provide appropriate remedies to resolve; upon completion of lighting system installation, take light meter readings to make sure light levels and uniformity of light meet specification requirements; if deficiencies are found, work with both the lighting manufacturer and the installing contractor to make corrections; provide final report approving lighting system as being in accord with the specifications. Service fee for Phase 2 is $4,444. Please let me know if there are any questions. Craig Gallop Sports Lighting Authority 763.525.0070 | cgallop@sportslightingauthority.com Exhibit A 1 CONSULTANT SERVICES AGREEMENT This Agreement is made this 7th day of April 2021, by and between Sports Lighting Authority, 11900 Wayzata Blvd, Suite 216G, Minnetonka, MN 55305, 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 consultant services; and 2. The City has approved the consultant 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 consulting services for the City as directed by the Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from April 7, 2021 through April 7, 2022, or until such later date as may be mutually agreed upon. 3.0. COMPENSATION. The City shall compensate the Contractor $5,431.00 for Phase I Consulting and Design Services associated with the lighting of the Hamel Hawks baseball field as described in Exhibit A, attached herein. At the discretion of the Medina Public Works Director the City may engage the Contractor for a portion or all of the Phase II Construction not to exceed $4,444.00 as described in Exhibit A, attached herein. Total contract shall not exceed $9,875.00. 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. The disposal site will be closed during grinding operations. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 2 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. 3 CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Scott Johnson, City Administrator Sports Lighting Authority (CONTRACTOR) By ______________________________ K:\017670-000\Admin\Docs\MEMO - Medina Mayor & CC - NOD - 03302021.docx 5 4 0 G A T E W A Y B L V D | B U R N S V I L L E , M N | 55 3 3 7 | 9 5 2 . 7 3 7 . 4 6 6 0 | W S B E N G . C O M Memorandum To: Honorable Mayor Martin and Medina City Council Members From: Alison Harwood, WSB Date: March 30, 2021 Re: Weston Woods Replacement Plan City Project No. WR-21-147 WSB Project No. 17670-000 The Weston Woods development project consists of the construction of 41 single-family lots, 108 townhomes and associated infrastructure, including public streets and stormwater management practices. Several wetlands exist on the site. The applicant proposes 0.6375 acre of permanent impact and 0.0803 acre of temporary impact to seven wetlands to grade for development purposes. Replacement for permanent impacts is proposed at a 2:1 ratio through wetland banking credits. A total of 1.2750 acre of wetland credit will be purchased from two banks: Bank No. 1643 located in Hennepin County and Bank No. 1537 located in Anoka County. Both banks are located within Major Watershed 20 and Bank Service Area 7. The application was noticed to the Wetland Conservation Act Technical Evaluation Panel on February 9, 2021. Comments were allowed until March 12, 2021. Members of the TEP (LGU, Hennepin Conservation District, Elm Creek Watershed District, DNR, and BWSR) met on February 5, 2021 to discuss the replacement plan. One formal comment was received from BWSR regarding excavation within a wetland. The applicant provided a response that addressed the comment. The TEP ultimately agreed with the proposed sequencing and minimization efforts and replacement. On behalf of the City of Medina, Local Government Unit for the Wetland Conservation Act, I recommend that the City Council approves the wetland replacement plan for the Weston Woods development project. A Notice of Decision is attached for review. Agenda Item #5E © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - Site Location Weston Woods of Medina (KES 2019-115)Medina, Minnesota Note: Boundaries indicated on this figureare approximate and do not constitute an official survey product. ¯0 2,000 Feet Source: ESRI Streets Basemap Legend North Site Limits South Site Limits Hennepin Parcels 031182 3130 002 031182 3420001 031182 3410 001 031182 3430005 Figure 5 - Proposed Wetland and Tributary Impacts North (2018 Henn Co 3-in Photo) Weston Woods of Medina (KES 2019-115)Medina, Minnesota Note: Boundaries indicated on this figureare approximate and do not constitute an official survey product. ¯0 500 Feet Legend North Property Limits Tributary Impact Wetland Impact (permanent) Wetland Impact (temporary) Wetlands Vegetated Swale Ephemeral Tributary Culvert Tree Preservation WL1anorth WL1d WL2 WLd-1 4,500 sf Fill WL1b 3,500 sf Temporary FillWL1d-2 7,340 sf Fill WL1d southwest 3,855 sf Fill WL1d southeast 3,685 sf Fill WL1b WL1cWL1e-1 WL1e Trail Crossing T1 12 linear ft; 48 sf Fill T1 T2 V1 Wetland 2 2,985 sf Wetland Fill Figure 6 - Proposed Wetland and Tributary Impacts South (2018 Henn Co 3-in Photo) Weston Woods of Medina (KES 2019-115)Medina, Minnesota Note: Boundaries indicated on this figureare approximate and do not constitute an official survey product. ¯0 500 Feet Legend South Property Limits Tributary Impact Perennial Tributary Wetland Impact (permament) Wetlands Vegetated Swale Ephemeral Tributary Culvert Tree Preservation WL1asouthWL1h WL4 WL1g Road Crossing T3 110 linear ft; 550 sf FillT3 T4 V2 V3 Road Crossing T4 110 linear ft; 520 sf Tributary Fill Wetland 5a/1g 1,975 sf Wetland Fill WL5a Wetland 3 3,430 sf Wetland Fill WL1f BWSR NOD Form – November 5, 2019 1 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: City of Medina County: Hennepin Applicant Name: Mark of Excellence Homes (Mark Smith) Applicant Representative: Kjolhaug Environmental Services (Melissa Barrett) Project Name: Weston Woods of Medina LGU Project No. (if any): WR-21-147 (WSB No. 17670) Date Complete Application Received by LGU: 2/9/2021 Date of LGU Decision: 4/6/2021 Date this Notice was Sent: 4/7/2021 WCA Decision Type - check all that apply ☐Wetland Boundary/Type ☐Sequencing ☒Replacement Plan ☐Bank Plan (not credit purchase) ☐No-Loss (8420.0415) ☐Exemption (8420.0420) Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9 Replacement Plan Impacts (replacement plan decisions only) Total WCA Wetland Impact Area: 0.6375 acre permanent, 0.0803 acre temporary Wetland Replacement Type: ☐ Project Specific Credits: ☒ Bank Credits: 1.2750 acre Bank Account Number(s): 1643 and 1537 Technical Evaluation Panel Findings and Recommendations (attach if any) ☒ Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation LGU Decision ☒ Approved with Conditions (specify below)1 ☐ Approved1 ☐ Denied List Conditions: Confirmation of withdrawal of wetland credits Decision-Maker for this Application: ☐ Staff ☒ Governing Board/Council ☐ Other: Decision is valid for: ☒ 5 years (default) ☐ Other (specify): 1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project- specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1. ☐ Attachment(s) (specify): Click here to enter text. ☒ Summary: On behalf of Mark of Excellence Homes, KES submitted a replacement plan application for the Weston Woods development project. The project proposes 0.6375 acre of permanent fill (0.0803 acre temporary) to six wetlands within the project area. Mitigation is proposed via purchase of wetland bank credits at a 2:1 ratio. The TEP reviewed the application on February 5, 2021. One comment was received from BWSR regarding excavation within a wetland, which the applicant addressed. Medina City Council approved the replacement plan at their April 6, 2021 Council meeting. 1 Findings must consider any TEP recommendations. Attached Project Documents BWSR NOD Form – November 5, 2019 2 ☒ Site Location Map ☐ Project Plan(s)/Descriptions/Reports (specify): Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: Appeals & Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us Does the LGU have a local appeal process applicable to this decision? ☒ Yes1 ☐ No 1If yes, all appeals must first be considered via the local appeals process. Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable) Send petition and $500 to: City of Medina, 2052 County Road 24, Medina, MN 55340 Notice Distribution (include name) Required on all notices: ☒ SWCD TEP Member: Stacey Lijewski ☒ BWSR TEP Member: Ben Carlson ☐ LGU TEP Member (if different than LGU contact): ☒ DNR Representative: Lucas Youngsma, Melissa Collins ☒ Watershed District or Watershed Mgmt. Org.: Elm Creek Watershed District ☒ Applicant (notice only): Mark Smith ☒ Agent/Consultant (notice only): KES (Melissa Barrett) Optional or As Applicable: ☒ Corps of Engineers: Eric White ☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ☐ Members of the Public (notice only): ☒ Other: Dusty Finke, City of Medina Signature: Date: This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3. 1 MEMORANDUM TO: Mayor and City Council FROM: Chief Jason Nelson & Assistant City Administrator Jodi Gallup DATE OF REPORT: March 24, 2021 DATE OF MEETING: April 6, 2021 SUBJECT: Police Officer Appointment General Background On January 19, 2021, the City Council authorized staff to begin the recruitment process to fill the vacant full-time Police Officer position. Based on the final scoring of applicants, committee interviews, background/reference checks, and psychological and physical exams, we are recommending the appointment of John Vinck to the position of police officer. Mr. Vinck has verbally accepted the position with a starting date of April 21, 2021 contingent on City Council approval. Appointee Background Mr. Vinck has over 15 years of experience working as a Police Officer. He is currently employed with the Minneapolis Police Department, where he has worked the last 5 ½ years. Prior to Minneapolis, Mr. Vinck worked for the City of Medina’s Police Department for 10 years. He left Medina in good standing to take a job with a larger department. Mr. Vinck’s educational background includes a Bachelor of Arts in Criminal Justice from St. Mary’s University. Mr. Vinck’s professional development experience includes serving on the West Metro Drug Task Force in narcotics investigations, serving on the Minneapolis Police Strike Team 1 responding to civil disturbances, serving on Minneapolis Bicycle Rapid Response Team, serving on Minneapolis Police First Precinct Community Response Team conducting investigations, being recognized as Minneapolis’s Officer of the Month in June 2019, and received an excellence in investigation award in 2020, among additional training and certifications. The Medina Police Department has confidence in his abilities, communication, character, and problem-solving skills in law enforcement. Mr. Vinck was given a glowing recommendation from the psychologist who indicated that she was very confident, Mr. Vinck is a great fit for the Medina Police Department. I feel very confident that Mr. Vinck will be a great officer for the Medina Police Department. Mr. Vinck has the core values that we look for in our officers and has demonstrated those values and traits when he worked here previously. Mr. Vinck is very Agenda Item # 5F 2 excited to have the opportunity to come back to the city where he started and be part of a community and administration that supports law enforcement. Selection Process • The City Council directed staff to recruit for a full-time Police Officer position on January 19, 2021. • Advertisements for the position were published through the League of Minnesota Cities, POST website, Minnesota Colleges and Universities offering Criminal Justice Programs, and the City Website. • 17 applications were received, reviewed, and scored on February 12, 2021 by Assistant City Administrator Jodi Gallup and Police Chief Jason Nelson. • The top 7 candidates were invited in for an interview with Sergeant Boecker, Administrative Assistant Klaers and Assistant City Administrator Gallup on February 23, 2021. The interview panel scored the candidates and selected a finalist for the position. • Chief Nelson conducted a final interview with the top candidate and recommended proceeding with the background investigation. • The Medina Police Department conducted an extensive background check on Mr. Vinck, which he passed. Mr. Vinck completed the physical and psychological exams, which he also passed. • Mr. Vinck’s starting date will be April 21, 2021, with an hourly wage (non- exempt) of $39.68/hr. (STEP 4 in Union Contract), vacation to begin accruing at 16 days per year with one personal floating holiday, other benefits to be at the same rate as other union employees, in accordance with the City Personnel Policies, and a one-year probationary period. Mr. Vinck has been notified that our recommendation is contingent upon City Council approval. Recommendation We recommend the appointment of John Vinck to the position of full-time Police Officer, effective April 21, 2021, with an hourly wage (non-exempt) of $39.68/hr., vacation to begin accruing at 16 days per year, other benefits to be at the same rate as other union employees, in accordance with the City Personnel Policies, and a one- year probationary period. 1 TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 27, 2021 MEETING: April 6, 2021 SUBJECT: Hamel Women’s Auxiliary Donation The Hamel Women’s Legion Auxiliary is donating $2,050.00 to furnish a handicap accessible picnic table for use at Hamel Legion Park. The following note accompanied the donation: To: City of Medina, Park and Recreation Department In 1920 the Hamel Women’s Legion Auxiliary branch was formed by local woman to support those men and women who bravely served to protect the local civilians in Hamel and surrounding areas of Corcoran, Plymouth, Loretto and Maple Grove. Throughout the years dozens of meals have been prepared for our disabled veterans and their families; and home visits to bring companionship patriotism and honor to those who served for the freedom of the United States of America. All branches and wars were acknowledged during our 100 years of service. We are excited to fund the handicap accessible picnic table that will be placed near the ballpark concession stand after remodeling is complete. This aligns with our beliefs to bring families together. Hamel Women’s Legion Auxiliary April 2021 The donation includes funds to cover the cost of a custom etched zinc plaque to be inlayed on the picnic table. Attached you will find a design proof of this plaque. Recommendation Accept the donation of $2,050.00 to procure the picnic table and plaque; direct staff to respond with a thank you letter to the Hamel Women’s Legion Auxiliary. Attachment • Plaque design proof MEMORANDUM Agenda Item #5G This table provided to bring veterans and family together to honor past memories and preserve peace and goodwill on earth. Hamel Women’s Auxiliary Established 1920 APPROVED APPROVED AS NOTED REJECTED BY DATE 4" X 10" PLAQUE PLAQUE-031190-06 3/25/2021PLAQUE NOT TO SCALE Member ____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021- RESOLUTION ACCEPTING DONATION FROM HAMEL WOMEN'S AUXILIARY WHEREAS, Hamel Womens Auxiliary has generously offered to donate a check in the amount of $2,050 (the “Donation”) to the city of Medina (the “City”); and WHEREAS, the Donation will be dedicated to Parks and Recreation for procurment of a handicap accessible picnic table; and WHEREAS, the City wishes to accept the Donation and express its gratitude to Hamel Womens Auxiliary for their generosity. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, that the City accepts the Donation and thanks Hamel Womens Auxiliary. Dated: April 6, 2021. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ____ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2021- April 6, 2021 Resolution No. 2021- April 6, 2021 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. _____ RESOLUTION OF SUPPORT FOR THE COOPERATIVE EFFORT FOR BROADBAND IN UNDERSERVED COMMUNITIES OUTSIDE THE METRO WHEREAS, the City of Medina has determined that increasing broadband and internet services to residents is a top priority in 2021 and beyond; and WHEREAS, the City of Medina City Council is working in collaboration with neighboring City Council’s by seeking support from elected representatives that serve our communities at the county and state level of government for directing additional DEED grant dollars for our broadband needs; and WHEREAS, the City of Medina City Council believes communities like ours should not be over looked just because of our geographical location, as our communities are not that dissimilar from the overwhelming majority of rural and outstate communities that currently receive DEED grant funding from the Office of Broadband Development; and NOW, THEREFORE, BE IT RESOLVED, BY THE CITY OF MEDINA CITY COUNCIL, that we support the collaborative efforts in seeking additional support and funding for broadband expansion grant opportunities. Dated: April 6, 2021. By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Jodi M. Gallup, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ____ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5H Municipal Offices 7701 County Road 110 West Minnetrista, MN 55364-9552 Email: minnetrista@ci.minnetrista.mn.us OFFICE: (952) 446-1660 FAX: (952) 446-1311 WEBSITE: www.cityofminnetrista.com March 18, 2021 City of Medina City Council 2052 County Road 24 Medina, MN 55340 Re: Cooperative Effort for Broadband in Underserved Communities Outside the Metro Dear Mayor and City Council, The City of Minnetrista City Council has determined that increasing broadband and internet services to our residents is a top priority in 2021 and beyond. With an increased need for broadband exacerbated in the last year by COVID-19, our residents are needing internet services now more than ever. Like Minnetrista, Medina falls into the underserved areas of Minnesota. Our cities are right outside the metro and are considered underserved, not unserved. The Minnetrista City Council is asking the cities of Greenfield, Independence, Medina, Orono, St. Bonifacius, Tonka Bay, and Victoria to join in our efforts. Since our communities are on the edge of the Metro area, we are often overlooked when the State of Minnesota is distributing funding and awarding dollars via their DEED Border-to- Border Broadband Expansion Grant program. Typically, much more funding goes to rural and outstate communities in Minnesota. For example, of the 40 projects awarded by the Office of Broadband Development with the 2020 DEED grants, Minnetrista is one of only two areas within the 7-County Metro area to receive funding for broadband expansion. Also, both awarded communities are amongst the lowest funded projects, overall. The Minnetrista City Council believes communities like ours should not be over looked just because of our geographical location. The needs of our residents and options for broadband services in our areas aren’t unlike those who live in rural and outstate Minnesota. The Minnetrista City Council is asking that Medina City Council work cooperatively with us and other elected officials in surrounding communities to seek help in directing more funding towards our City’s broadband needs. Working together and directing requests to both County and State representatives for additional dollars may help get the attention of the Office of Broadband Development to potentially award additional projects and dollars. Attached you will find a resolution of support to work cooperatively in an effort to seek additional support and funding for broadband expansion grant opportunities. Please discuss with your City Council at one of your upcoming Council meetings. If your Council believes it to be of benefit to work together, we ask that you sign and return the resolution to our City offices by April 14, 2021. The City of Minnetrista passed this Resolution at its March 15, 2021 City Council meeting. We will include all the signed resolutions in the letters to our County and State representatives. We thank you for your support and look forward to creating better broadband connectivity for our residents. Respectfully, Mayor Lisa Whalen City of Minnetrista Metro West Inspections Page 1 of 1 April 6, 2021 Updated Contract City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: April 1, 2021 MEETING: April 6, 2021 City Council SUBJ: Updated Contract - MetroWest Inspection Services, Inc. Todd Geske of Metro West Inspection Services, who serves as the City’s Building Official and Fire Marshal, has requested an increase in compensation for services provided to the City. Metro West has requested 33% of the fee amount collected by the City. The current contract is for 32%. Mr. Geske has requested the increase because of increased costs, especially related to personnel costs. Compensation is based upon a percentage of the permit fees and the City’s fees have not been changed significantly in recent years, meaning compensation on a per-permit basis has not increased as costs have increased. Obviously permit activity has increased, which has increased total compensation, but also increased the amount of time and cost to provide services. The proposed increase was discussed with Finance Director Barnhart and City Administrator Johnson and we support the increase. For the sake of comparison, the City paid Metro West approximately $200,000 in 2020, so the proposed increase would have amounted to approximately $6,250. The City budgets building permit revenue very conservatively, and this amount is well within the surplus of revenue the City collected in recent years. Staff monitors permit activity and revenue annually and can adjust fees as necessary. The existing contract does not include standard contract language, so staff has requested the City Attorney to prepare updated contract language. Recommended Action Motion to approve the Professional Services Agreement with Metro West Inspection Services. Attachments 1. Proposed Agreement 2. Request Letter 3. Existing Contract Agenda Item #5I 1 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is made and entered into this ____ day of ________, 2021, by and between the City of Medina, a Minnesota municipal corporation (the “City”), and Metro West Inspection Services, Inc. (the “Contractor”). RECITALS WHEREAS, the City is required to comply with the provisions of the Minnesota State Building Code and would like to continue its relationship with Contractor, a third-party professional, to serve as the City’s building official (the “Building Official”) to provide those services; and WHEREAS, the Contractor has substantial experience as a Building Official and providing building department inspection services implementing the State Building Code and is otherwise qualified to assist the City on a contract basis for the same; and WHEREAS, the Contractor is engaged in an independent business and is in compliance with all federal, state, and local laws regarding business permits and licenses of any kind that may be required to carry out said business and the tasks as set forth in this Agreement; and WHEREAS, the Contractor is an independent contractor and may be engaged to perform the same or similar activities for other municipalities during the term of this Agreement, and it is understood that Contractor shall not work solely on behalf of the City; and WHEREAS, the City wishes to engage the Contractor to provide the services outlined in this Agreement in accordance with the terms and conditions contained herein. NOW THEREFORE, the Parties agree as follows: 1. SCOPE OF SERVICES. Contractor shall provide the services contained on Exhibit A attached hereto to the City during the term of this Agreement (the “Services). Contractor shall perform the Services in the capacity of a certified Building Official in accordance with the Minnesota State Building Code, applicable City ordinances, and other applicable Minnesota laws and regulations. 2. FEES. (a) Contractor shall be compensated for the Services in the amount of 33% of building permit and plan review fees, as contained in the City’s fee schedule. The respective fees shall be paid by applicants directly to the City and Contractor’s share thereof pursuant to this Agreement shall be payable to Contractor, by the City, upon project close-out, per Minnesota Rules Chapter 1300. (b) For any special investigation fees, as authorized in Minnesota Rules, section 1300.0160, subp. 8 and as contained in the City’s fee schedule, Contractor shall be compensated the larger of the following amounts, not to exceed 100% of the fee: (i) 33% of the special investigation fee; or (ii) $95.00 per hour. 2 (c) As compensation for additional work not specified in the fee structure above, Contractor shall be paid an amount as agreed upon by both parties at the time the additional work is to be completed. The parties acknowledge that Contractor’s standard rates for such additional work is as follows: Re-Inspection Fee: $75.00 each Inspection(s) when fee is not indicated: $95.00 per hour Miscellaneous/Special Service(s) Fees: $95.00 per hour 3. TERM. This Agreement shall commence on the date first written above and shall continue until terminated by either party in accordance with Section 7. 4. PERFORMANCE. Contractor shall maintain all required licenses by the State of Minnesota as a certified Building Official. Contractor shall perform the Services in a manner consistent with that of a reasonable and prudent Building Official. Contractor shall maintain an adequate set of records of City property files of all dates, types, and results of permits as required when inspecting permitted work. If any work is requested outside of the scope of the Services set forth in Exhibit A, such work shall not commence until Contractor and the City agree to the terms, scope, price, and other details in writing, which may be confirmed via electronic mail. Such additional work shall still be subject to the terms and conditions of this Agreement. 5. INDEPENDENT CONTRACTOR; CONFLICTS OF INTEREST. Contractor shall perform the Services as an independent contractor and agent of the City, and not as an employee. No withholdings or deductions shall be made from payments due to the Contractor. Contractor shall not be eligible for benefits, workers compensation, or unemployment benefits. Contractor shall also ensure that it does not undertake the representation of any party which would be adverse to the City, or which would otherwise present a potential conflict of interest. 6. COMMUNICATIONS, EQUIPMENT AND SUPPLIES. Contractor shall provide the necessary supplies, equipment, and vehicles to administer the terms of this Agreement and to complete the Services. Contractor agrees that it will not seek reimbursement for out-of- pocket expenses incurred in the performance of the Agreement. 7. TERMINATION. Either party may terminate this Agreement by providing written notice to the other party 60 days prior to the termination date. In the event of a material breach by either party, the Agreement may be terminated with 10 days’ written notice to the other party. 8. INSURANCE. During the entire term of this Agreement, Contractor shall maintain the following insurances and will provide the City of evidence of the same upon request: (1) Commercial general liability insurance coverage with a policy limit of at least $2,000,000 per occurrence; (2) Business automobile liability coverage with a total liability limits of at least $1,500,000; and (3) Workers’ compensation insurance as required by Minnesota law. If Contractor is not required by law to carry workers’ compensation insurance, in place of proof of workers’ compensation insurance, Contractor may provide a written statement of exemption specifying the particular provision of Minn. Stat. § 176.041 that exempts Contractor from having to carry such coverage. If Contractor is required by law to carry workers’ compensation insurance, Contractor shall, at the time of execution of this Agreement, furnish evidence satisfactory to the 3 City that Contractor maintains or is exempt from maintaining insurance coverage pursuant to the terms of this Agreement. 9. OFFICER OF CITY. The Contractor shall be appointed by the City as its Building Official pursuant to Minn. Stat. § 326B.133, subd. 1. The Building Official may further designate deputies to complete the Services, in accordance with Minnesota Rules, section 1300.0110, subp. 2. 10. REGULATORY COMPLIANCE. Contractor shall abide by all federal, state, and local laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs, and staff for which Contractor is responsible. Contractor shall procure, at Contractor’s expense, all permits, licenses, or other rights required for the provision of the Services. Any violation of federal, state, or local laws, statutes, ordinances, rules or regulations, as well as loss of any applicable license, permit, or certification by Contractor shall constitute a material breach of this Agreement, regardless of the reason and whether or not intentional, and shall entitle the City to terminate this Agreement effective as of the date of such violation, failure, or loss. 11. DATA PRACTICES COMPLIANCE. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor’s obligations under this Agreement. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Upon termination of this Agreement, Contractor agrees to return all data pertaining to City business within 30 days of Agreement termination. 12. RECORDS AVAILABILITY/ACCESS. Subject to the requirements of Minnesota Statutes, section 16C.05, subd. 5, the City, 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, records, etc., which are pertinent to the accounting practices and procedures of Contractor and involve transactions relating to this Agreement. Contractor shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 13. BILLING AND PAYMENT. Invoices shall be submitted periodically (customarily on a monthly basis) and are due and payable within 35 days of receipt by the City. 14. INDEMNIFICATION. Contractor shall defend and indemnify the City and its employees, officials, and agents from and against all claims, damages, injuries or death, losses or expenses, including attorney fees, which the City may suffer or for which it may be held liable, arising out of or resulting from the performance of the terms of this Agreement. 15. AMENDMENTS. Any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 4 16. NOTICES. Pursuant to this Agreement, notices shall be hand delivered or mailed as follows: To Contractor: Metro West Inspection Services, Inc. Attn: Todd Geske 689 Medina Street Loretto, MN 55357 To City: City of Medina Attn.: City Administrator 2052 County Road 24 Medina, MN 55340 17. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between Contractor and the City and supersedes all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, including, but not necessarily limited to, that certain Contract for Building Inspection Services, dated January 1, 2014. 18. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or otherwise unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement. 19. CHOICE OF LAW AND VENUE. This Agreement is being executed in and is intended to be performed in the State of Minnesota, and shall be construed and enforced in accordance with Minnesota law. The parties hereto consent and agree that any legal action arising from or related to the Agreement shall be venued in Hennepin County District Court, State of Minnesota. 20. AMENDMENTS. Any alterations, variations, modifications, or changes of any provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the City and Contractor. 21. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, the use of facsimile, email, or other electronic medium shall have the same force and effect as an original signature. CITY OF MEDINA: CONTRACTOR: By: _____________________________ By: _____________________________ Kathleen Martin, Mayor Its: _____________________________ By: _____________________________ Scott Johnson, City Administrator A-1 EXHBIT A The Services shall consist of all building inspection services for the City in accordance with the Minnesota State Building Code, applicable City ordinances, and all other Minnesota laws. Services shall also include plan review in accordance with applicable provisions of the Minnesota State Building Code, all required site inspections and recording of such activities on forms developed by the Contractor and provided to the City after successful completion of the project or expiration of the permit as stipulated by Minnesota Rules Chapter 1300, and plan review, site inspections and record retention as necessary to verify compliance with Minnesota Rules, Parts 7080-7083 related to the establishment and regulation of the Subsurface Sewage Treatment Program. The Contractor shall also, at the request of the City, perform additional work such as the evaluation of unsafe structures and hazardous buildings, and the preparation of reports for enforcement thereof. All on- location Services shall be performed within the City of Medina, except that inspections of buildings to be moved into the City of Medina shall be made at the location of such building prior to its removal. ■ ■ ■ ■ Metro West Inspection Services, Inc. Proposed Hourly Rate Increase Upon review of our January 1St, 2014 service contract with the City of Medina, we are respectively proposing a rate increase. To remain competitive with increased operating costs we are proposing a rate increase from 32% of permit fee to 33% of permit fee. This increase will bring us closer to supporting the industry standard. Construction business has changed significantly since 2014 and everyone in the building industry has been a part of these changes. Each year the building industry has seen a slow and steady increase in building construction with a steady decline in available experienced Building Officials. The proposed increase will allow us to remain competitive with the increased cost of conducting business and staying competitive with the salaries of our inspectors. With the current shortage of experienced Building Officials, due to a large volume of retirements, it is very important to keep our current experienced staff compensated at industry expectations. These salary expenses include, but are not limited to salary, health insurance, disability insurance, vacation and continuing education. Metro West will continue to provide the City of Medina the same level of service with our professional, experienced Building Officials and office staff. Metro West will continue to keep Minnesota State Certified Inspectors available to review, permit and inspect all State delegated projects in Medina. With Metro West Inspections Minnesota State Delegation Agreement in place, the City of Medina retains all permit and plan review fees for State Licensed Facilities. Metro West will continue to provide the same inspections services uninterrupted during absences for illness, vacations, and continuing education. Metro West Inspection Services is proposing a rate increase for Professional Building Services from 32% of the permit fee to 33% of the permit fee effective January i, 2021, of the new budget year. Through all or any changes in the building industry Metro West Inspections will keep all insurances in place, Work Comp, General Liability, Errors and Omissions, Commercial Auto and Bonds for Minnesota Pollution Control. Metro West Inspections will keep our Building Officials current on continuing education which is required to maintain certifications. Thank you in advance for your consideration and please feel free to contact me with any questions. Respectfully, 70-11d Todd Geske Building Official METRO WEST INSPECTION SERVICFS, INC. 689 Medina Street Box 248 Loretto, MN 55357 763-479- I 720 FAX 763-479-3090 CONTRACT FOR BUILDING INSPECTION SERVICES THIS CONTRACT, is made this I day of lmitarV 2014 , by and between the City of MEDINA J a Minnesota corporation, hereinafter called CITY and METRO WEST INSPECTION SERVICES, INC., hereinafter called the CONTRACTOR. BUILDING INSPECTOR DESIGNATED. The CITY hereby appoints the CONTRACTOR as the Building Official for the CITY , The CONTRACTOR represents that he is certified by the State of Minnesota as a Building Official. TERM OF CONTRACT. This Contract shall commence on the date upon which it is approved and executed by both parties and shall continue in effect thereafter, provided however, that in the future, a 90 day written notice of termination therbof or changes therein, may be given by either party to the other. SCOPE OF CONTRACT. The CONTRACTOR agrees to provide building inspection services for the CITY in accordance with the State Building Code and any applicable CITY ordinances or Minnesota Statutes. The CONTRACTOR agrees to make all necessary building inspections. ADDITIONAL WORK UNDER THE CONTRACT. The CONTRACTOR shall, at the request of the CITY , perform additional work not involving building permits/building inspections, on such matters, i.e. as evaluation of dilapidated buildings, hazardous excavations, etc. and the preparation of reports for enforcement thereof. ATTENDANCE AT CITY COUNCIL MEETINGS. Within the scope of the Contract, without additional compensation, the CONTRACTOR, shall attend City Council meetings as requested by the City. KEEPING OF RECORDS. Within the scope of the Contract, the CONTRACTOR shall maintain an adequate set of records and memoranda from which can be determined the date, number and findings of all inspections and building permit applications together with any other information deemed necessary by the parties hereto. FURNISHING OF EQUIPMENT. All necessary equipment of any nature, whatsoever necessary, to fulfill the terms of this Contract, shall be provided by the CONTRACTOR. LOCATION OF THE WORK. The CONTRACTOR agrees that the work shall be performed within the CITY , except that inspections of buildings to be moved into the CITY , shall be made at the location of such building prior to its removal. REIMBURSEMENT FOR EXPENSES. The CONTRACTOR agrees that it will seek no reimbursement for out-of-pocket expenses incurred in the performance of the Contract. CONTRACT PRICE. Contract price shall be 32 % of the fee schedule set forth in the Uniform Building Code (Year: 1994 for the issuance of building permits, plus 32 % of the plan check fees. The respective fees shall be paid by the applicant directly to the CITY , and the CONTRACTOR'S share thereof pursuant to this Contract, shall be payable to the CONTRACTOR after the projects are 100% completed. PAYMENT FOR ADDITIONAL WORK. As compensation for additional work as set forth in this Contract, the CONTRACTOR shall be paid an amount as agreed upon by both parties at the time the additional work is to be completed. LEGAL STATUS. The parties hereto agree that the CONTRACTOR is in full control of the manner in which the work is to be pursued and that the CONTRACTOR shall not receive any retirement benefits, health insurance benefits, PERA benefits, or any other fringe benefit offered to employees of the CITY , and shall, in all respects, be deemed an independent contractor. MISCELLANEOUS. The parties agree that no fiduciary bond shall be required and the CONTRACTOR agrees to remain at all times, licensed by the State of Minnesota as a certified Building Official. IN WITNESS WHEREOF, the CONTRACTOR and CITY have executed this Contract this jo day of fly 201 . CITY OF MEDINA By: r Its: By: Its: METRO WEST INSPECTIONS VICES, INC. Planning Department Update Page 1 of 2 April 6, 2021 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: April 1, 2021 SUBJ: Planning Department Updates – April 6, 2021 City Council Meeting Land Use Application Review A) Townhome PUD Concept Plan – 1432 County Road 29 – Medina Townhome Development LLC has requested review of a Planned Unit Development (PUD) Concept Plan for development of 24 townhomes east of Baker Park Road, north of Highway 12. The Planning Commission held a public hearing at the February 9 Planning Commission meeting and the Council reviewed on February 16 and March 16. The applicant has made some adjustments and is seeking additional Council comments on April 20. B) Reserve of Medina 3rd Addn Final plat – south of Hackamore Road, east of CR116 – Pulte Homes has requested final plat approval for the final 31 lots in the Reserve of Medina. Review is underway, and the City Council will review when complete, potentially at the April 20 meeting. C) Ditterswind Final Plat – 2032-2052 Holy Name Drive – Tom and Jim Ditter have requested final plat approval of a 5-lot subdivision. The City granted preliminary plat approval during the fall of 2020. Staff is conducting preliminary review and will present to the City Council when complete, potentially at the April 20 meeting. D) 500 Hamel Road Concept Plan – 500 Hamel Road – Stelter Enterprises LLC has requested review of two concepts for 19 villas or 30 twinhomes at 500 Hamel Road. Staff is reviewing and will present for a public hearing when complete, potentially at the April 13 or May 11 Planning Commission meeting. E) Pioneer Trail Preserve – 2325 Pioneer Tr. – James and Melissa Korin have requested a 3- lot subdivision of a 40-acre parcel. The applicant has indicated that they intend to change the lot alignment originally submitted, so staff will await updated documents and schedule a public hearing when complete, potentially at the April 13 meeting. F) M/I Homes Comprehensive Plan Amendment – 1400 Hamel Road – M/I Home has requested a Comprehensive Plan Amendment to change the future land use from Business to Medium Density Residential and submitted a concept plan review for a potential development of 78 townhomes. The applicant has not completed the application, and a public hearing will be scheduled when complete, potentially at the May 11 meeting. G) Holy Name Lake Estates Final Plat – north of County Road 24, northwest of Holy Name Lake - JD Dossier Holdings LLC has requested final plat approval for a six-lot rural subdivision on 90 acres. The City Council granted final plat approval at the March 16 meeting. The developer intends to start construction in July. H) Meadowview Commons 2nd Addition Final Plat – south of Meander Rd, west of Jubert Tr – US Home Corporation (Lennar) has requested final plat approval for development of the remaining 83 townhome lots in the project. The initial 42 townhome lots were approved in November 2020. The City Council granted final plat approval at the March 16 meeting. Staff will work with the applicant to finalize the conditions of approval. I) Weston Woods Preliminary Plat and PUD General Plan – east of Mohawk Drive, north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested a Preliminary Plat Planning Department Update Page 2 of 2 April 6, 2021 City Council Meeting and PUD General Plan for development of 76 twinhomes, 42 single-family, and 33 townhomes on the Roy and Cavanaugh properties. The City Council adopted documents of approval at the January 5 meeting. Staff is coordinating permitting for construction of Chippewa Road and will await final plat application. J) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive – Robert Atkinson has requested a change of the future land use from Future Development Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park. The application is incomplete for review, and the City has requested additional materials. K) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – These projects have been preliminarily approved and the City is awaiting final plat application. L) Johnson ADU CUP, Hamel Brewery, St. Peter and Paul Cemetery – 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. M) Hamel Haven subdivision – These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plat is recorded. Other Projects A) Open to Business – staff met with the new staff member from Metropolitan Consortium of Community Development (MCCD) who will be available for technical assistance for local business owners and entrepreneurs. B) Arrowhead Drive/Highway 55 improvement project – WSB has received comments from MnDOT and is working on final plans. WSB intends to request authorization to bid the project in May. C) Diamond Lake Regional Trail – Staff prepared a newsletter article and mailing for the additional public engagement on the northern routes. D) Chippewa Road permitting – Staff is putting together the permit application for the wetland impacts for Chippewa Road. As discussed during review of the Weston Woods project, the City will be responsible for obtaining permits and ultimately for costs for mitigation if the project is constructed by the developer. TO: Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: April 1, 2021 RE: Police Department Updates April 1, 2021, marks the one-year anniversary of me being named the Director of Public Safety for the great city of Medina (this is not an April Fool’s joke either). This past year has flown by in the blink of an eye. Taking over for an icon like Chief Belland was not easy, as those were/are very big shoes to fill. I am honored and blessed that I was chosen to lead this department’s great men and women. As always, I will give it my all to do the right things to ensure the level of service is professional and the community is treated with dignity and respect. Again, thank you all for entrusting me with such an important position. On March 28, the Derek Chauvin trial started and the operations that involve safety and security are in place. Everyday there have been some marches and protests that mainly have been in Minneapolis and St. Paul. To date there have been very minor issues. Our staff members that are assigned to the West Command Mobil Field Force (WCMFF) team continue to meet and train with other personnel from Hennepin County. I continue to monitor daily situational awareness bulletins and will keep council aware of any issues as they pertain to the west metro. Officers have all been advised that we are not approving any vacation requests in the Month of April through at least the second week in May to be prepared as the trial goes through jury deliberations and the verdict. Over the past two weeks we have been getting busier with overall calls. We are seeing an uptick in medicals, mental health calls for service, traffic complaints, narcotic overdoses, impaired drivers, and speeding. We have seen an increase in speeds as has the entire state. We have stopped numerous cars on Hwy 55 traveling in the mid-80s with the highest speed this past two weeks being 126 miles per hour. That was an 18-year male who had two passengers. Officers have been busy working with public works employees looking for and enforcing the seasonal weight restrictions. Our departments work great together and with the public works employees having radios, this has acted as a force multiplier as we have limited staff on in the morning when we generally see most overweight violations. I am very excited in anticipation of the council approving the hiring of Officer John Vinck. Our department is in definite need of the 11th officer position. This will take the load off many officers and allow for vacations and much needed time off without affecting the other officer shifts to cover MEMORANDUM for those on vacation. This has been something our agency has struggled with because we operate with three officers on a team who work 7 am to 3 pm, 3 pm to 3 am, and 7 pm to 7 am. So, when an officer takes vacation, we lose the 3 am to 3 pm shift and the others may have to work a different shift to cover the hours. So not only do we affect the sleep patterns of officers who must move up and down to cover the shifts, we also lose the additional officer who is the backup on calls, so our officers must rely on other departments to assist if they are available, or they are forced to take calls with no backup. Patrol: Patrol updates 03/11/2021 through 03/30/2021 The following are updates of Patrol Officers between March 11, 2021 and March 30, 2021. Officers issued 46 citations for various traffic offenses, 87 warnings, responded to 3 property damage accidents, 2 personal injury accidents, 18 medicals, 12 suspicious activity calls, 8 assists to other agencies, and 6 welfare checks. On 03/12/2021 officers were dispatched to a theft of alcohol at Liquor Depot located in the 4300 block of Highway 55. The suspects were last seen eastbound on Highway 55. Officer later located a vehicle matching the suspect description leaving the Target lot and stopped the vehicle on Highway 55. Numerous bottles of unopened alcohol were found in the vehicle along with a large amount of clothing with store tags still affixed. Alcohol was found to have been stolen from Liquor Depot and the Target liquor store. Charges are pending. On 03/13/2021 at approximately 0843 hours officer stopped a vehicle driving 95 mph on Highway 55. Driver was found to be intoxicated and placed under arrest for DWI. On 03/15/2021 officers responded to two separate vehicles in the ditch and one accident related to a snowstorm. Officers are hopeful this is the last snow event before spring. On 03/16/2021 officer was dispatched to a reported burglary at an unoccupied new home in the 1900 block of Homestead Trail. The homeowner reported seeing a male on a doorbell camera walking around the house and checking door handles on the home. No entry was made at the residence. A suspect has since been identified. On 03/18/2021 at 2355 hours officer stopped a vehicle for failing to maintain its lane. Driver was found to show signs of impairment and was placed under arrest for DWI. A blood search warrant was obtained, and a blood sample was received and sent to the BCA for analysis. Charges are pending the blood results. On 03/20/2021 around 0100 hours officers were dispatched to multiple reports of shots being fired south of Loretto. As officers arrived and were checking the area additional shots were heard. Officers were able to track down the shots to a property off Maple Street where a person or persons on the property were found to have been shooting a handgun and AR15 rifle in a wooded area. Charges are pending on one person for violating the discharge of a high-powered firearm in Medina. On 03/20/2021 our department received an extra patrol request in the parking lot of Woodridge Church. It was reported that people are believed to be having sexual relations in a vehicle in the parking lot. Later that night around 2300 hours an officer checking the lot found a vehicle in the lot occupied by a male and female who admitted to just had relations and discarding items in the parking lot afterwards. The officer requested the subject pick up the discarded items and not to conduct their private business in such places. On 03/20/2021 officer stopped a vehicle on Highway 55 for excessive speed, 80 mph in a 55-mph zone. Driver showed signs of impairment and was subsequently arrested for DWI. Driver submitted to a breath test which showed result of .17. Driver was issued a citation for DWI and released to a sober party. On 03/22/2021 at 1626 hours an officer was dispatched to a personal injury accident involving a vehicle and bicycle. It was determined that a bicycle made a left turn in front of a vehicle approaching from behind and was struck by the vehicle. The bicyclist sustained minor injuries. On 03/24/2021 five officers attended driving school and PIT refresher at the Minnesota Highway and Safety Research Center in St. Cloud. Officers attended an evening course which included emergency driving in low-light conditions. All officers successfully completed the training. On 03/24/2021 at 0036 hours officers were dispatched to a report of garbage cans on fire in the 1600 block of County Road 24. Officers and Fire Department arrived to find trash cans out at the end of the drive were on fire. The cans were extinguished quickly. It was believed oily rags may have started the fire through spontaneous combustion. On 03/26/2021 at 2143 hours officer was dispatched to a suspected drug overdose in the 200 block of Lythrum Lane. Upon arrival officer learned that a 20-year-old male admitted to using cocaine and was now having chest pain and numbness in his arms. North Ambulance arrived and checked on the patient and found nothing life threatening. The subject refused transport and turned over suspected narcotics to the officer. On 03/26/2021 officer was eastbound on Highway 55 and observed a vehicle westbound at extreme high rate of speed. Officer activated radar which showed the vehicle at 126 mph before going past the officer in the opposite direction. Officer was able to catch up to and stop the vehicle which was found to be an 18-year-old who admitted it was “reckless of him” what he did. Driver was cited for speed with endangerment. Investigations: Investigating an attempted burglary at an unoccupied residence. The victim has a security system that was able to capture a picture of the suspect’s face. The suspect did not enter the residence, and nothing is missing. A neighboring agency had contact with the same suspect a few days later, who has now been positively identified. I advised the victim of our findings and they were satisfied with the outcome of our investigation. Assisted Hennepin County Child Protection with interviewing a parent and child involved in a child neglect report. Parties have been offered services through the county. Attended our annual EVOC/PIT refresher training at the MN Highway Safety and Research Center. There are currently (5) cases assigned to investigations. 1 TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 31, 2021 MEETING: April 6, 2021 SUBJECT: Public Works Update STREETS • Seasonal weight postings remain in place. As always, a few trucks sneak through but the majority understand Medina’s commitment to preserving our streets. • Crack sealing has begun. This year we plan to crack seal and seal coat Pioneer Trail. • Derek Reinking and I will be assessing the condition of all the streets in the upcoming months to develop an updated pavement maintenance plan for the next few years. • Street material bids are in your packet for approval. Paving seems to be at the same rate as last year and the aggregate rates are very similar. • Hackamore Road is showing significant signs of deterioration this spring because of the heavy truck traffic to the Ravinia Development. • Public Works is awaiting pavement corings for Tower Drive West and Shire Drive. Both are commercial streets. We need to evaluate the current street sections and begin feasibility planning for their repair. I am concerned because of the heavy truck traffic and the lack of information on these streets. I am equally as concerned about parking and runoff from Tower Drive into the Elm Creek. We always look to improve water quality when an opportunity presents itself. Both streets are in the CIP for an overlay this season. WATER/SEWER/STORMWATER • Public Works is devoting time to clean and inspect all the water valves in the city. At this point we are about 1/3rd complete. • I am looking into options for cleaning our filter media at the water treatment plant. This is a new process with the potential to save the city some money. I am currently waiting for references. This is a new process and I will thoroughly evaluate the details. PARKS/TRAILS • Spring Cleanup in the parks will begin the next week. I expect the parks to be in full swing within a month or less. MEMORANDUM 2 • Lisa DeMars and I are working with The Enclave HOA and a local Boy Scout Troop to coordinate the reforestation project in Harriet’s Woods. The Scouts surveyed the area last week and are in the process of completing a proposal to plant the trees. Partnering with the Scouts will enable them to work towards a 50th Anniversary Environmental Protection Agency Award, they are very motivated and excited to be involved. Attached you will find a brief explanation of the award. MISCELLANEOUS • Newly hired Public Works Maintenance Technician Nick Zumbusch has begun his career at Medina. • The brush pile has been chipped and removed. Public Works has also turned over all the compost to accelerate the decomposition of the material. There is some good compost for residents who are ready to start their garden projects. Attachment: • Boy Scouts of America 50th Anniversary Environmental Protection Agency Award Program Detail 3 50th Anniversary Environmental Protection Agency Award Program Term – January 1 to December 31, 2021 The Environmental Protection Agency, as part of a public awareness campaign to celebrate its first 50 years, has partnered with the Boy Scouts of America to create an award for members of troops, crews and ships. This new award will recognize youth who research and learn about the subjects of human health and the environment, as the EPA develops its vision for the next 50 years. The objective of the EPA award is to combine a variety of disciplines to challenge and educate youth; introduce them to the breadth of the EPA’s involvement in environmental protection and conservation; and encourage them to research, investigate, experiment, demonstrate, survey, and study air pollution, water pollution, solid and hazardous waste, and ocean dumping. Members must earn the Public Health merit badge and three additional merit badges from selected categories. Finally, they must participate in an environmental/public health community service project as part of an approved Scouting program. ORDER CHECKS MARCH 16, 2021 – APRIL 6, 2021 051380 EDGEWATER TITLE GROUP LLC .............................................. $98.63 051381 HOLIDAY STATIONSTORES LLC ............................................... $32.50 051382 MATHISON, DANILLE ................................................................. $66.31 051383 METRO WEST INSPECTION ............................................... $17,823.72 051384 MN SECRETARY OF STATE-NOTARY .................................... $120.00 051385 RACHEL CONTRACTING .................................................... $10,000.00 051386 ROBERT J ROEHL ESTATE .................................................. $5,000.00 051387 THREE RIVERS PARK DISTRICT .......................................... $2,000.00 051388 ABDO, EICK & MEYERS LLP ............................................... $15,000.00 051389 BATTERIES + BULBS ................................................................. $89.80 051390 BEAUDRY OIL & PROPANE .................................................. $2,946.73 051391 BOYER FORD TRUCKS INC ..................................................... $271.57 051392 BROCK WHITE....................................................................... $1,456.75 051393 COMPASS MINERALS AMERICA INC ................................... $7,684.84 051394 CONTEMPORARY IMAGES ...................................................... $909.89 051395 CORE & MAIN LP ................................................................... $4,157.53 051396 ECM PUBLISHERS INC ............................................................ $205.80 051397 EHLERS & ASSOC INC. ......................................................... $1,000.00 051398 ENGEL WATER TESTING INC.................................................. $450.00 051399 ESRI, INC. ................................................................................. $808.00 051400 ESS BROS. & SONS, INC. ........................................................ $768.00 051401 FINANCE AND COMMERCE ....................................................... $65.05 051402 GRAINGER................................................................................ $179.64 051403 HACH COMPANY ...................................................................... $531.30 051404 HAKANSON ANDERSON ASSOCIATES I ................................ $500.00 051405 HAMEL FIRE RELIEF ASSN .................................................. $1,528.00 051406 HIGHWAY 55 CORRIDOR COALITION ..................................... $250.00 051407 INTERSTATE ALL BATTERY .................................................... $419.80 051408 JIMMY'S JOHNNYS INC ............................................................ $130.00 051409 KELLY'S WRECKER SERVICE INC ............................................ $75.00 051410 KENNEDY & GRAVEN CHARTERED .................................. $15,658.25 051411 KONRAD MATERIALS SALES LLC ........................................... $837.20 051412 LANO EQUIPMENT INC ......................................................... $5,500.67 051413 LORETTO VOL FIRE DEPT INC .......................................... $21,295.80 051414 METRO ELEVATOR INC ........................................................... $195.00 051415 MHSRC/RANGE ..................................................................... $2,225.00 051416 NAPA OF CORCORAN INC ...................................................... $144.82 051417 NELSON ELECTRIC MOTOR REPAIR ..................................... $405.00 051418 NORTHWEST FAMILY PHYSICIANS .......................................... $79.00 051419 OFFICE DEPOT ........................................................................ $211.39 051420 ROLF ERICKSON ENTERPRISES INC .................................. $8,228.95 051421 STREICHER'S ........................................................................... $510.00 051422 TEGRETE CORP .................................................................... $1,355.00 051423 TIMESAVER OFFSITE .............................................................. $396.00 051424 TITAN MACHINERY .................................................................... $39.62 051425 TWIN CITY GARAGE DOOR .................................................. $2,091.74 051426 SSI MN TRANCHE 1 #10322006 ............................................ $3,013.49 051427 SSI MN TRANCHE 3 #10327096 ............................................ $3,937.42 051428 VIKING INDUSTRIAL CENTER ................................................... $45.59 051429 WATER CONSERVATION......................................................... $313.20 051430 WSB & ASSOCIATES ........................................................... $35,346.75 Total Checks $176,398.75 ELECTRONIC PAYMENTS MARCH 16, 2021 – APRIL 6, 2021 005866E PR PERA .............................................................................. $16,803.76 005867E PR FED/FICA ....................................................................... $16,595.67 005868E PR MN Deferred Comp ........................................................... $1,890.00 005869E PR STATE OF MINNESOTA .................................................. $3,757.00 005870E CITY OF MEDINA ........................................................................ $21.00 005871E FURTHER .............................................................................. $1,715.20 005872E FURTHER .............................................................................. $1,815.92 005873E CIPHER LABORATORIES INC. .............................................. $6,227.82 005874E AFLAC ....................................................................................... $473.48 005875E MINNESOTA, STATE OF .......................................................... $392.00 005876E PR PERA .............................................................................. $16,670.33 005877E PR FED/FICA ....................................................................... $16,708.26 005878E PR MN Deferred Comp ........................................................... $1,890.00 005879E PR STATE OF MINNESOTA .................................................. $3,730.98 005880E CITY OF MEDINA ........................................................................ $22.00 005881E FURTHER .............................................................................. $1,715.20 005882E ELAN FINANCIAL SERVICE .................................................. $5,799.93 005883E GREAT AMERICAN FINANCIAL SERVI .................................... $178.92 005884E CENTERPOINT ENERGY ...................................................... $4,463.17 005885E DELTA DENTAL ..................................................................... $2,438.31 005886E FARMERS STATE BANK OF HAMEL ....................................... $150.00 005887E MARCO (LEASE) ....................................................................... $795.61 005888E VALVOLINE FLEET SERVICES ................................................ $200.86 005889E WRIGHT HENN COOP ELEC ASSN ...................................... $2,191.85 Total Electronic Checks $106,647.27 PAYROLL DIRECT DEPOSIT – MARCH 17, 2021 & MARCH 31, 2021 0510893 BILLMAN, JACKSON CARROLL .............................................. $672.88 0510894 JOHNSON, PATRICK M. .......................................................... $634.33 0510895 ALTENDORF, JENNIFER L. .................................................. $1,671.94 0510896 BARNHART, ERIN A. ............................................................ $2,505.32 0510897 BOECKER, KEVIN D. ............................................................ $2,582.87 0510898 CONVERSE, KEITH A. .......................................................... $1,999.46 0510899 DEMARS, LISA ...................................................................... $1,421.34 0510900 DION, DEBRA A. ................................................................... $1,990.76 0510901 ENDE, JOSEPH..................................................................... $2,369.25 0510902 FINKE, DUSTIN D. ................................................................ $2,623.24 0510903 GALLUP, JODI M. .................................................................. $2,206.97 0510904 GLEASON, JOHN M. ............................................................. $2,205.49 0510905 GREGORY, THOMAS ........................................................... $2,041.98 0510906 HALL, DAVID M. .................................................................... $2,052.02 0510907 HANSON, JUSTIN ................................................................. $2,883.60 0510908 JACOBSON, NICOLE ............................................................... $980.65 0510909 JESSEN, JEREMIAH S. ......................................................... $2,398.09 0510910 JOHNSON, SCOTT T. ........................................................... $2,316.39 0510911 KLAERS, ANNE M. ................................................................ $1,554.12 0510912 LEUER, GREGORY J. ........................................................... $1,966.58 0510913 MCGILL, CHRISTOPHER R. ................................................. $1,408.21 0510914 MCKINLEY, JOSHUA D ......................................................... $2,035.76 0510915 NELSON, JASON .................................................................. $2,598.39 0510916 REINKING, DEREK M ........................................................... $2,144.79 0510917 SCHARF, ANDREW .............................................................. $2,263.18 0510918 SCHERER, STEVEN T. ......................................................... $2,367.71 0510919 VOGEL, NICHOLE ................................................................. $1,012.57 0510920 BILLMAN, JACKSON CARROLL .............................................. $672.88 0510921 JOHNSON, PATRICK M. .......................................................... $634.33 0510922 ALTENDORF, JENNIFER L. .................................................. $1,671.94 0510923 BARNHART, ERIN A. ............................................................ $2,508.07 0510924 BOECKER, KEVIN D. ............................................................ $2,715.79 0510925 CONVERSE, KEITH A. .......................................................... $2,150.53 0510926 DEMARS, LISA ...................................................................... $1,536.02 0510927 DINGMANN, IVAN W ................................................................ $125.35 0510928 DION, DEBRA A. ................................................................... $2,043.84 0510929 ENDE, JOSEPH..................................................................... $2,075.89 0510930 FINKE, DUSTIN D. ................................................................ $2,656.10 0510931 GALLUP, JODI M. .................................................................. $2,234.61 0510932 GLEASON, JOHN M. ............................................................. $2,369.04 0510933 GREGORY, THOMAS ........................................................... $2,001.17 0510934 HALL, DAVID M. .................................................................... $2,179.10 0510935 HANSON, JUSTIN ................................................................. $2,315.72 0510936 JACOBSON, NICOLE ............................................................... $905.54 0510937 JESSEN, JEREMIAH S. ......................................................... $2,463.81 0510938 JOHNSON, SCOTT T. ........................................................... $2,341.42 0510939 KLAERS, ANNE M. ................................................................ $1,533.87 0510940 LEUER, GREGORY J. ........................................................... $1,989.74 0510941 MCGILL, CHRISTOPHER R. ................................................. $1,564.12 0510942 MCKINLEY, JOSHUA D ......................................................... $2,092.47 0510943 NELSON, JASON .................................................................. $2,667.75 0510944 REINKING, DEREK M ........................................................... $2,254.03 0510945 SCHARF, ANDREW .............................................................. $2,318.10 0510946 SCHERER, STEVEN T. ......................................................... $2,463.50 0510947 VOGEL, NICHOLE .................................................................... $954.96 0510948 ZUMBUSCH, NICHOLAS P ................................................... $1,034.09 Total Payroll Direct Deposit $107,381.67