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Home My Public Portal About07.06.2021 Complete Meeting Packet Posted 7/1/2021 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, July 6, 2021 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the June 15, 2021 Work Session B. Minutes of the June 15, 2021 Regular Council Meeting V. CONSENT AGENDA A. Approve Mill and Paving Services Agreement with Omann Brothers Inc. B. Approve Curb and Concrete Installation Services Agreement with Schmidt Curb Co. Inc. C. Approve Seal Coating Services Agreement with Pearson Brothers, Inc. D. Approve Temporary On-Sale Liquor License for September 18, 2021 to the Church of the Holy Name of Jesus at 155 County Road 24 E. Resolution Accepting Resignation of Public Works Maintenance Technician Nick Zumbusch F. Authorize Recruitment to Fill Vacant Public Works Maintenance Technician Position G. Resolution Approving Off-Site Gambling Permit for the Wayzata Youth Hockey District # 284 to Conduct Lawful Charitable Gambling at 3200 Mill Street H. Resolution Approving Proposed Transfers and Assignment of Fund Reserves VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. Police Body/Squad Camera Purchase – Public Comment B. Shire Road Improvement Project – Public Hearing and Assessment Hearing 1. Resolution Approving Plans According to Feasibility Report and Ordering Shire Road Improvement Project 2. Resolution Adopting Assessment Roll for Shire Road Improvement Project VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. ADJOURN Meeting Rules of Conduct to Address the City Council:  Fill out & turn in comment card  Give name and address  Indicate if representing a group  Limit remarks to 3-5 minutes MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: July 1, 2021 DATE OF MEETING: July 6, 2021 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Approve Mill and Paving Services Agreement with Omann Brothers Inc. B. Approve Curb and Concrete Installation Services Agreement with Schmidt Curb Co. Inc. C. Approve Seal Coating Services Agreement with Pearson Brothers, Inc. In April, the City Council authorized acceptance of road materials and equipment services to contractors with the lowest bid. Agenda Items 5A, 5B, & 5C are the final three contracts to be executed. Staff recommends approval. See attached memo and agreements. D. Approve Temporary On-Sale Liquor License for September 18, 2021, to the Church of the Holy Name of Jesus at 155 County Road 24 – All paperwork and fees are in order. Staff recommends approval. No attachments at this item. E. Resolution Accepting Resignation of Public Works Maintenance Technician Nick Zumbusch – Public Works Maintenance Technician Nick Zumbusch put in a letter of resignation from his position on June 28th. Staff recommends approval of the resolution accepting his resignation. See attached resolution. F. Authorize Recruitment to Fill Vacant Public Works Maintenance Technician Position – Staff requests City Council authorization to contact previous job applicants for follow-up interviews and/or begin a full recruitment [if the current candidate pool does not work out] for the replacement of Nick Zumbusch’s position. See attached memo. G. Resolution Approving Off-Site Gambling Permit for the Wayzata Youth Hockey District # 284 to Conduct Lawful Charitable Gambling at 3200 Mill Street – Staff recommends approval of the resolution to allow off-site gambling to the Wayzata Youth Hockey District # 284, so they can conduct Bingo at Medina Celebration Day on September 18, 2021. See attached resolution. 2 H. Resolution Approving Proposed Transfers and Assignment of Fund Reserves – At the June work session, Council reviewed the transfer and assignment of fund reserves and directed staff to prepare the attached resolution for adoption. Staff recommends approval. See attached resolution. VII. NEW BUSINESS A. Police Body Camera Policy – Public Comment. In March 2019, the Police Department issued the officers weapon-mounted cameras and at that time also created a “Portable Audio and Video Recorders Policy” per Minnesota State Statue. This policy also covers the use of police worn body cameras. The Police Department is now ready to move forward with the purchase of new squad and body-worn cameras. Because of the length of time from the public hearing back in 2019 to present, we felt that it was important, but not needed, to have a public comment on the policy again to allow for public input before allowing the authorization to purchase the body and squad cameras. See attached memo. Recommended Motion: Motion to authorize purchase of six in-squad cameras and twelve body-worn cameras at the cost of approximately $105,842.00. B. Shire Road Improvement Project – Public Hearing and Assessment Hearing. At the June 1, 2021, meeting, the City Council received the feasibility report and called for the public hearings for the Shire Road Improvement Project and levying special assessments. The hearings have been noticed for the July 6th City Council meeting. See attached report. Recommended Motion # 1: Motion to adopt resolution approving plans according to feasibility report and ordering Shire Road Improvement Project Recommended Motion # 2: Motion to adopt resolution adopting assessment roll for Shire Road Improvement Project X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 005978E-006000E for $64,464.81 and order check numbers 051655-051744 for $454,471.86, and payroll EFT 0511109-0511137 for $55,546.74 INFORMATION PACKET:  Planning Department Update  Police Department Update  Public Works Department Update  Claims List Medina City Council Special Meeting Minutes 1 June 15, 2021 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF JUNE 15, 2021 The City Council of Medina, Minnesota met in work session on June 15, 2021 at 6:00 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN. I. Call to Order Members present: Martin, Albers, Cavanaugh, DesLauriers and Reid Members absent: Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi Gallup, Public Works Director Steve Scherer, Finance Director Erin Barnhart, Public Safety Director Jason Nelson, Planning Director Dusty Finke, and Mark Goldberg DDA II. DDA – Classification and Compensation Study Mark Goldberg from DDA provided an update on the classification and compensation study for the City Council. Mr. Goldberg requested feedback from the City Council regarding the cities to include in the comparison group to use as benchmarks. The City Council discussed the options and directed staff to use the following cities for the study: Albertville, Belle Plaine, Corcoran, Dayton, Delano, Mahtomedi, Minnetrista, Mound, Rockford, New Prague, North Oaks, Orono, Victoria, Shorewood, and Wayzata. The City Council further directed staff to include South Lake Minnetonka, Three Rivers Park, West Hennepin, and Rogers for police department comparables for the study. III. 2022 Budget – General Fund Finance Director Erin Barnhart provided the City Council with an updated draft budget for 2022. The budget discussion areas included the capital improvement plan (CIP), utilities and reserves. No increases were projected for water and sewer rates for 2020. A 3% increase is projected in 2022 for stormwater rates. Barnhart discussed the proposed uses for reserves with the City Council. Staff was directed by Council to set aside $300,000 for a future fire facility, reallocate remaining funds from the Arrowhead Rail Crossing and follow the recommended assignments or transfers outlined in the June 15th staff memo. Barnhart reviewed the CIP with the City Council. Staff provided an update on Hackamore Road and explained the amount in the CIP is based on developer contributions. Staff also discussed the need for a future mill and overlay project on the lower half of Sioux Drive, $125,000 has been budgeted in the future for a new roof at 600 Clydesdale Trail, and updated records management software and squads will be needed for the Police Department. Adjourn Martin made a motion to adjourn the meeting at 6:59 p.m. on June 15, 2021. Cavanaugh seconded the motion. Medina City Council Special Meeting Minutes 2 June 15, 2021 Cavanaugh Aye Reid Aye DesLauriers Aye Albers Aye Martin Aye _________________________ Kathleen Martin, Mayor Attest: ____________________________ Jodi M. Gallup, City Clerk Medina City Council Meeting Minutes 1 June 15, 2021 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 15, 2021 3 4 The City Council of Medina, Minnesota met in regular session on June 15, 2021 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 Martin read a statement explaining that meeting continues to be held in a virtual format, 8 but the Council will return to in person meetings at the next meeting. She reviewed the 9 instructions for public participation in the meeting. 10 11 I. ROLL CALL 12 13 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 14 15 Members absent: None. 16 17 Also present: City Administrator Scott Johnson, Assistant City Administrator Jodi 18 Gallup, City Attorney Ron Batty, Finance Director Erin Barnhart, City Engineer Jim 19 Stremel, City Planning Director Dusty Finke, Public Works Director Steve Scherer, and 20 Chief of Police Jason Nelson. 21 22 II. PLEDGE OF ALLEGIANCE (7:03 p.m.) 23 24 III. ADDITIONS TO THE AGENDA (7:03 p.m.) 25 The agenda was approved as presented. 26 27 IV. APPROVAL OF MINUTES (7:03 p.m.) 28 29 A. Approval of the June 1, 2021 Regular City Council Meeting Minutes 30 Martin stated that prior to the meeting Johnson distributed proposed changes for 31 incorporation as submitted by herself and DesLauriers. 32 33 Cavanaugh noted on page 17, line 16, it should state, “…Cavanaugh again noted…” 34 35 Moved by Martin, seconded by Reid, to approve the June 1, 2021 regular City Council 36 meeting minutes as amended. 37 38 A roll call vote was performed: 39 40 DesLauriers aye 41 Albers aye 42 Cavanaugh aye 43 Reid aye 44 Martin aye 45 46 Motion passed unanimously. 47 48 Medina City Council Meeting Minutes 2 June 15, 2021 V. CONSENT AGENDA (7:05 p.m.) 1 2 A. Accept Fire Services Grant Redistribution from State Fire Marshal’s Office 3 for Fire Study 4 B. Call for Meeting on June 30, 2021 at 4:30 p.m. for Park Tour 5 C. Resolution No. 2021-37 Terminating the Local Emergency Related to 6 COVID-19 7 D. Resolution No. 2021-38 Approving Assignment of Fund Reserves 8 E. Resolution No. 2021-39 Granting Preliminary Approval of the Pioneer Trail 9 Preserve Plat 10 Moved by Albers, seconded by Cavanaugh, to approve the consent agenda. 11 12 A roll call vote was performed: 13 14 DesLauriers aye 15 Albers aye 16 Cavanaugh aye 17 Reid aye 18 Martin aye 19 20 Motion passed unanimously. 21 22 VI. COMMENTS (7:06 p.m.) 23 24 A. Comments from Citizens on Items not on the Agenda 25 There were none. 26 27 B. Park Commission 28 Scherer reported that the Park Commission will meet the following night to discuss the 29 2022-2026 Capital Improvement Plan related to the park elements. He stated that the 30 group will also plan the visits for the park tour and discuss the decision that is made on 31 the Diamond Lake Regional Trail tonight. 32 33 C. Planning Commission 34 Finke reported that the Planning Commission did not hold a meeting in June. 35 36 VII. OLD BUSINESS 37 38 A. Diamond Lake Regional Trail Master Plan (7:08 p.m.) 39 Johnson stated that at the June 1st meeting public comment was received and the 40 Council had a lengthy discussion related to the Diamond Lake Regional Trail (DLRT) 41 with the ultimate decision to table the action and direct staff to gather additional 42 information. He noted that additional information was included in the Council packet. 43 44 Finke stated that at the last meeting the Council discussed the two potential routes 45 connecting from Hamel Road to the north and made the decision to discontinue 46 discussion on the western route and focus on the other potential route. He displayed the 47 route as currently being discussed, removing the alternative route north of Hamel Road. 48 He stated that the Council also requested additional information at the last meeting 49 related to the right-of-way existing along Hamel Road. He stated that staff completed a 50 review and mapped the known right-of-way that exists, noting that about half of the 51 Medina City Council Meeting Minutes 3 June 15, 2021 properties have obvious right-of-way dedicated. He stated that in reality if there was 1 construction of an off-road trail on a rural road section, most properties would most likely 2 require an easement. 3 4 Albers stated that there are some darker lines shown on some of the roads on the right-5 of-way map and asked for clarity. 6 7 Finke commented that the dark line is the street and does not have other significance. 8 9 DesLauriers asked if the trail were to exceed the right-of-way, would the land acquisition 10 still need to be approved by the Council at that time. 11 12 Batty stated that the statute under which the Park District operates gives them the 13 authority to purchase or condemn property, but that acquisition would need to be 14 consented to by the governmental body. He stated that in his opinion City Council 15 approval would be needed for any acquisition. 16 17 Finke stated that the Council also had some discussion related to the options for the 18 pedestrian crossing location over Highway 55. He stated that the trail is shown 19 conceptually but the actual location of trail would be determined as further study is done 20 to craft the best location for the trail as opportunities arise in the future, therefore the 21 exact location for the crossing is not yet determined. He stated that the line should 22 actually be considered as a larger blurry swath. He stated that once the trail crosses the 23 highway there would be opportunities to pivot the trail to minimize impacts on adjacent 24 properties and tie into the existing trail system. He stated that as the master planning 25 process moves forward, the intent would be to remain flexible in order to best respond to 26 the circumstances of the future. 27 28 Martin asked if engineering would be part of that process as it moves forward as well. 29 30 Stephen Shurson, Three Rivers Park District, commented that the engineering of the trail 31 and bridge would not occur until they are close to design and construction. He stated 32 that the master plan level remains conceptual, and the location of the crossing should 33 remain flexible as it would be coordinated with future planning efforts. He stated that 34 they could also consider an additional separate study when it appears development may 35 happen. 36 37 Reid asked if it would be reasonable to presume that the Hamel section would not begin 38 until the pedestrian crossing was in place or under construction. 39 40 Kelly Grissman, Three Rivers Park District, commented that ultimately as part of the 41 master plan they will identify a conceptual route. She stated that in order to implement 42 the trail they would need to acquire the trail and it would most likely be constructed in 43 phases. She noted that phases would be prioritized depending on opportunities and 44 available funding. She used the example of perhaps Hamel Road is under 45 reconstruction and therefore they would take advantage of that opportunity to include the 46 trail. She stated that they would be flexible, and the order of construction would depend 47 upon where land acquisition has been successful, available grant funds, and the 48 opportunity to partner with development or other projects. 49 50 Medina City Council Meeting Minutes 4 June 15, 2021 Finke stated that the final discussion item of the Council was whether it would be 1 possible to relocate the second portion of the corridor east from Tamarack to connect 2 with the Hamel area rather than going along Hamel Road. He stated that Three Rivers 3 Park District stated that the purpose of regional trails is to connect to regional parks and 4 amenities and therefore that route suggestion would not serve those regional objectives. 5 6 Grissman stated that ultimately there are two regional search corridors in Medina, the 7 DLRT and the Lake Sarah Regional Trail search corridor. She stated that as part of the 8 DLRT study they are looking for the north/south connection. She stated that in 9 coordination with the City they have agreed to remove the southern portion of Medina 10 and instead route through Baker Park, therefore that section is important to completing 11 the north/south objective. She stated that the Lake Sarah Regional Trail corridor would 12 most likely provide the connection to Hamel and Wayzata High School. She stated that 13 when a large segment is removed it makes it harder to complete the broader goals. 14 15 Albers stated that he understands that the focus was shifted to connect to Baker Park. 16 He stated that one of the City goals is to connect the community to downtown Hamel. 17 He stated that in his opinion the City goals are greater than the goals of the Park District. 18 He stated that from a planning perspective it would not remove the Lake Sarah corridor 19 coming forward in the future. 20 21 Finke commented that throughout the process there has been discussion regarding the 22 connection to the regional corridor planning to the City’s trail plan. He stated that the 23 City does have a trail plan that has a high priority to connect to Uptown Hamel and 24 perhaps that is constructed by the City before the DLRT construction even begins. He 25 stated that if the Lake Sarah Regional Trail process moves forward, perhaps the City 26 segment would become a portion of the regional trail. 27 28 Reid commented that this decision tonight would not be giving authority to construct the 29 trail but would simply provide approval to use the concept for long-term planning. She 30 stated that the plan would go through several review cycles before moving forward. She 31 stated that this is a concept plan subject to rerouting and flexibility dependent upon 32 acquisition and development opportunities. She stated that it would be the responsibility 33 of Three Rivers Park District to acquire the necessary easements for the trail and would 34 only work with willing sellers. She stated that if people did not want to sell that 35 easement, they would not be required to and therefore she is comfortable approving the 36 concept. 37 38 Cavanaugh commented that Three Rivers is willing to spend $17,000,000 within the 39 boundaries of Medina for this trail which would also provide a needed pedestrian 40 crossing of Highway 55. He stated that he believes that this is something the City needs 41 to endorse. He recognized the concern of the property owners along Hamel Road but 42 noted that it has been stated several times that eminent domain will not be used, and the 43 attempt will be made to keep the trail as close to the road as possible. He did not 44 believe the benefit of the trail could be ignored. 45 46 Albers recognized that the crossing of Highway 55 is important. He stated that he would 47 support the trail going east versus west as that would also provide less challenges in 48 terms of wetland impacts. He recognized that there is a lot of support but also a lot of 49 resistance and therefore would favor the route going east into Hamel. 50 51 Medina City Council Meeting Minutes 5 June 15, 2021 DesLauriers commented that the trail has been within the park trails master plan for at 1 least 20 to 30 years. He believed that a trail along Hamel Road could provide safety for 2 pedestrians. He also believed that a trail connection will be built to Hamel in the future, 3 whether that is done by the Park District or the City. 4 5 Martin appreciated all the input and thoughtful comments from the public throughout this 6 process on both sides of the issue and as they think about what Medina should look like 7 in the future. She commented that a lot would have to happen before a trail could ever 8 be built in terms of securing funding, securing easements from willing property owners, 9 and working with development that comes forward. She stated that Medina has prided 10 itself on its park and trail plans. She stated that planning corridors assist in determining 11 where trail easements should be obtained in the future should a property come forward 12 for development and is a good planning tool. She stated that in the last Comprehensive 13 Plan there was a huge effort in thinking of strategies to minimize the physical divide that 14 Highway 55 causes in the community and connecting all areas of Medina. She believed 15 that endorsing this concept would simply be another step in planning for a corridor that 16 would help to connect Medina as a single community. 17 18 Moved by Cavanaugh, seconded by Reid, to approve inclusion of the conceptual route in 19 the Diamond Lake Regional Trail Master Plan within Medina with the caveats listed in 20 the staff report. 21 22 Further discussion: Reid commented that she understands the concern of Albers but 23 believed the City would provide the connection to Uptown Hamel as a separate project. 24 25 A roll call vote was performed: 26 27 DesLauriers aye 28 Albers nay 29 Cavanaugh aye 30 Reid aye 31 Martin aye 32 33 Motion passed 4-1. 34 35 VIII. NEW BUSINESS 36 37 A. Highcrest Drive and Oak Circle Road Improvement Project (7:50 p.m.) 38 Johnson stated that Highcrest Drive and Oak Circle have deteriorated to the point where 39 an overlay and other improvements are needed. 40 41 Scherer provided background information on the construction and maintenance of the 42 roads included in the project and reviewed the recommended improvements. He 43 reviewed the estimated cost and proposed assessment range. He commented that it is 44 a fairly simple project that should be completed quickly. He reviewed the proposed 45 project schedule should this be approved. 46 47 Martin asked for background information on the assessment policy and how the 50 48 percent rate is decided. She asked if the Council would be interested in holding a 49 special workshop to discuss the assessment policy and ensure it is working as intended. 50 51 Medina City Council Meeting Minutes 6 June 15, 2021 Scherer stated that this is a dead-end residential street and therefore improvements 1 would be assessed at a rate of 50 percent, split between the property owners. He stated 2 that the assessment policy can be more complex for collector streets and private roads. 3 He stated that a lot of time and effort went into developing the policy and noted that he 4 could provide the policy to the Council if desired. 5 6 Martin stated that she would benefit from another workshop session reviewing the policy 7 and believed that others could as well. She confirmed the consensus of the Council to 8 do so. 9 10 1. Resolution No. 2021-40 Receiving Feasibility Report and Calling for 11 Public Hearing on Highcrest Drive and Oak Circle Road 12 Improvement Project and Levying Special Assessments for Same 13 Moved by Martin, seconded by Cavanaugh, to adopt Resolution Receiving Feasibility 14 Report and Calling for Public Hearing on Highcrest Drive and Oak Circle Road 15 Improvement Project and Levying Special assessments for Same. 16 17 A roll call vote was performed: 18 19 DesLauriers aye 20 Martin aye 21 Albers aye 22 Reid aye 23 Cavanaugh aye 24 25 Motion passed unanimously. 26 27 IX. CITY ADMINISTRATOR REPORT (7:58 p.m.) 28 Johnson advised of a discussion that he had with Martin and DesLauriers regarding fire 29 services in Maple Plain. He noted that staff provided an updated draft services 30 agreement to Maple Plain in February and has not received that agreement back yet. 31 He stated that staff would prefer to continue service in the southwest portion of Medina 32 with Maple Plain, but there is a lack of reply from that community and therefore staff is 33 requesting authority to seek quotes from other fire services providers to serve that area 34 of Medina. He stated that before quotes for service are requested from Long Lake and 35 Loretto fire departments, staff would like to attempt to schedule a meeting with Maple 36 Plain once more. 37 38 Martin commented that there are only 15 days left in which to request an extension of 39 service from another community. She stated that Maple Plain has provided good service 40 to Medina, but staff should make the city aware that Medina needs to request those 41 quotes now in hope that information can be gained to make the decision prior to July 1st 42 as required. She stated that it would seem that perhaps authorization should be 43 provided to make the decision prior to the July 1st deadline, as the Council will not meet 44 again before that time. 45 46 Johnson stated that he would make one last attempt to schedule a face-to-face meeting 47 with Maple Plain because of the longstanding relationship Medina has had with them. 48 He asked for authority for him to work with Martin and DesLauriers to request quotes 49 from Loretto and Long Lake. 50 51 Medina City Council Meeting Minutes 7 June 15, 2021 Reid agreed with that plan. 1 2 Martin asked if there is not a response from Maple Plain, or perhaps a better quote is 3 received from another fire service provider, would the Council feel comfortable 4 authorizing staff and perhaps herself or DesLauriers to make the decision prior to the 5 July 1st date. 6 7 Reid confirmed that she would be comfortable with that. 8 9 Albers agreed. 10 11 Cavanaugh stated that he also agrees. He stated that if a response is not gained from 12 Maple Plain, perhaps Loretto or Long Lake would be willing to provide that service on a 13 temporary basis. 14 15 Martin noted that the contract with Maple Plain ends December 31st. 16 17 Cavanaugh noted that he would like to leave the option open to include Maple Plain as 18 the planning moves forward. 19 20 DesLauriers agreed that Medina does not want to be in this position. He stated that all 21 the other contracts were returned promptly, and staff has attempted to reach out to 22 Maple Plain on multiple occasions without response. He commented that Medina needs 23 to ensure that all areas of the community have fire service coverage. 24 25 Johnson confirmed the consensus of the Council for staff to attempt to schedule a 26 meeting with Maple Plain and staff will move forward with requesting quotes for service 27 from Loretto and Long Lake. 28 29 Martin commented that if something does not happen with Maple Plain this week, she 30 would want staff to move forward with gathering the quotes. 31 32 X. MAYOR & CITY COUNCIL REPORTS (8:07 p.m.) 33 Cavanaugh reported that earlier this morning he had the opportunity to experience the 34 fire and police response firsthand. He stated that although it was an unfortunate 35 situation, the police and fire response was top notch, and he appreciates their hard work. 36 He confirmed that one of the properties that he owns in Hamel experienced a structural 37 fire, but all six young people were able to get out of the home safely. He encouraged all 38 residents to ensure that fire alarms are working properly. 39 40 Reid commented that she met today with the President of the Uptown Hamel Business 41 Association, noting that the first meeting is scheduled for the following week. She noted 42 that it is a small group, and she will be reaching out to the property owners’ group. She 43 stated that a group of stakeholders will be needed for the branding in order to develop a 44 cohesive effort. 45 46 DesLauriers commented that he and Cavanaugh will be participating in the Hamel 47 landowners’ group later this week to discuss potential improvements along Hamel Road. 48 49 Martin provided background information on the earlier meeting of that group that she 50 attended. She stated that it seems that the group has a genuine love for Uptown Hamel 51 Medina City Council Meeting Minutes 8 June 15, 2021 and its unique existence, looking to redevelop with that small town feel. She stated that 1 she and Reid met with another business owner in the city that has national planning 2 connectivity and hoped that these efforts will bring something to fruition. 3 4 Reid stated that she would like to be included in that meeting later this week if possible. 5 6 Martin stated that if more than two members of the Council attend, it would need to be 7 noticed as a public meeting. She stated that group is not quite ready to notice it as a 8 public meeting. She stated that perhaps DesLauriers, Reid and Cavanaugh can work 9 out a rotation to attend. 10 11 DesLauriers commented that he would be happy to rotate with Reid. 12 13 Martin commented that she had lunch with the Mayor of Corcoran today to share 14 information about possible project collaboration. She stated that she, Johnson, and 15 Finke will have a more formal meeting with the Mayor and Corcoran staff to discuss 16 potential project collaboration. She stated that she will also attempt to schedule a similar 17 meeting with the Mayor of Plymouth. 18 19 XI. APPROVAL TO PAY THE BILLS (8:16 p.m.) 20 Moved by DesLauriers, seconded by Martin, to approve the bills, EFT 005963E-21 005977E for $57,610.66, order check numbers 051618-051654 for $220,897.89, and 22 payroll EFT 0511075-0511108 for $57,007.79. 23 24 A roll call vote was performed: 25 26 Reid aye 27 Cavanaugh aye 28 DesLauriers aye 29 Albers aye 30 Martin aye 31 32 Motion passed unanimously. 33 34 XII. ADJOURN 35 Moved by Cavanaugh, seconded by DesLauriers, to adjourn the meeting at 8:20 p.m. 36 37 A roll call vote was performed: 38 39 Reid aye 40 Cavanaugh aye 41 Albers aye 42 DesLauriers aye 43 Martin aye 44 45 Motion passed unanimously. 46 __________________________________ 47 Kathleen Martin, Mayor 48 Attest: 49 50 ____________________________________ 51 Medina City Council Meeting Minutes 9 June 15, 2021 Jodi M. Gallup, City Clerk 1 1 TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: June 30, 2021 MEETING: July 6, 2021 SUBJECT: Road Material and Equipment Service Contracts In April, the City Council authorized acceptance of road materials and equipment services to contractors with the lowest bid. Enclosed in your packet are the final three contracts to be executed. Attachments • Schmidt Curb contract • Omann Brothers contract • Pearson Brothers contract MEMORANDUM Agenda Item #5A, B, C 1 CURB AND CONCRETE INSTALLATION SERVICES AGREEMENT This Agreement is made this 6th day of July 2021, by and between Schmidt Curb Co. Inc., 13195 95th Street NE, Elk River, MN 55330, a Minnesota corporation (the “Contractor”) and the city of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for curb and concrete installation services; and 2. The City has approved the contract for curb and concrete installation services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform curb installation services for the City. “Curb and Concrete Installation Services” will consist of installing curb and concrete using MN- D.O.T. D424 and/or MN-D.O.T. B618, as per the 2021 Road Material Bids. Any curb work performed will be at the discretion of the Public Works Director, according to the compensation schedule below. 2.0. TERM. The term and prices of this contract shall remain in effect from April 2021 until November 2021, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor as follows: Curb Installation – MN-D.O.T. D424: • $35.00 per lineal foot - New Installation Curb Installation – MN-D.O.T. B618: • $35.00 per lineal foot - New Installation Non Reinforced Concrete Flat Work: • 4” Thick at $9.00 per sq. foot • 6” Thick at $12.00 per sq. foot • 8” Thick at $15.00 per sq. foot 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. Agenda Item #5A 2 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be required to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the 3 Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 11.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 12.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 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 ______________________________ Scott T. Johnson, City Administrator SCHMIDT CURB COMPANY, INC. (CONTRACTOR) By ______________________________ 1 MILL AND PAVING SERVICES AGREEMENT This Agreement is made this 6th day of July, 2021, by and between Omann Brothers Inc., 6551 LaBeaux Avenue NE, Albertville, MN 55301, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for mill and paving services; and 2. The City has approved the contract for mill and paving services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform mill and paving services for the City. “Mill and Paving Services” will consist of milling bituminous surface at depth per square yard (including milling removal) and paving of roads, and will also include bituminous placement, at the discretion of the Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from May 2021 until the end of November 2021 or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor for Mill and Overlay Services according to the above 1.0 Scope of Services at the following 2021 Road Materials Bid rates: Mill Bituminous surface at depth per square yard (including removal): • $1.95 per square yard for 0” to 2” of bituminous milling • $2.80 per square yard for 2” to 4” of bituminous milling • $4.50 per square yard for 4” to 6” of bituminous milling Bituminous mixture used for 2021 paving projects: • $74.20 for MN-D.O.T. SPNWB230(B) Mix, placed on streets • $74.20 for MN-D.O.T. SPNWB330(B) Mix, placed on streets • $74.20 for MN-D.O.T. SPWEB240(B) Mix, placed on streets • $80.20 for MN-D.O.T. SPWEB340(C) Mix, placed on streets • $95.20 for MN-D.O.T. SPWEA240(B) Mix, placed on trails Reclaim Roadway at depth per square yard: • $3.60 per square yard for 0” to 2” of reclaim roadway • $3.60 per square yard for 2” to 4” of reclaim roadway • $3.60 per square yard for 4” to 6” of reclaim roadway Agenda Item #5B 2 The Contractor will receive additional compensation for: • Bituminous Curb Installation at a cost of $5.00/LF • Miscellaneous milling at a rate of $495/hr. and a mobilization fee of $500 • Reclaim Roadway at a rate of $400/hr. and a mobilization fee of $500 • Miscellaneous Equipment per the 2021 Road Materials Bid may also be contracted at the discretion of the Public Works Director. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools, as well as traffic control, to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general 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 3 bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor shall provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 11.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 12.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 13.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 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 OMANN BROTHERS, INC. (CONTRACTOR) By ______________________________ 1 SEAL COATING SERVICES AGREEMENT This Agreement is made this 6th day of July 2021, by and between Pearson Brothers, Inc., 11079 Lamont Avenue N.E., Hanover, MN 55341 a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for seal coating services; and 2. The City has approved the contract for seal coating services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform seal coating services for the City. “Seal Coating Services” will consist of installation of seal coating, according to the specifications listed on the attached Exhibit A and materials listed in 3.0 below. Public Works Director will provide a detailed map to contractor at time of installation. 2.0. TERM. The term and prices of this contract shall remain in effect from May 2021 until November 2021, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor according to the square yard pricing listed below: ITEM NO. 11A – Seal Coating, Installed, Including Pre-Sweeping, CRS-2 Liquid Asphalt at .27 Gallons/Sq Yd, 1/8” Trap Rock at 25 lbs/Sq Yd, Area Rolled With Two Eleven Wheeled Pneumatic Tire Rollers and Excess Rock Pick Up and Disposal (May require two sweepings) • 0-25,000 Sq. yds. $___1.18_ • 25-50,000 Sq. yds. $___1.07_ • 50-75,000 Sq. yds. $___1.06_ • 75-100,000 Sq. yds. $___1.06_ ITEM NO. 11B – Seal Coating, Installed, Including Pre-Sweeping, CRS-2 Liquid Asphalt at .30 Gallons/Sq Yd, FA2 Granite @28#/Sq Yd, Area Rolled With Two Eleven Wheeled Pneumatic Tire Rollers and Excess Rock Pick Up and Disposal (May require two sweepings) • 0-25,000 Sq. yds. $___1.20_ • 25-50,000 Sq. yds. $___1.19_ • 50-75,000 Sq. yds. $___1.18_ • 75-100,000 Sq. yds. $___1.17_ Agenda Item #5C 2 3.01 Length and width of paved area will vary. Payment and Performance Bond shall be required and shall be included in the bid price. 3.02 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools, as well as traffic control, to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 4.04 The Contractor acknowledges that all OSHA Safety requirements will be in place at all times. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and 3 expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Jodi M.Gallup, City Clerk PEARSON BROTHERS INC. (CONTRACTOR) By ______________________________ 4 1 TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: June 30, 2021 MEETING: July 6, 2021 SUBJECT: Public Works Maintenance Technician On June 30, 2021, we received a resignation letter from Public Works Maintenance Technician Nick Zumbusch. He has accepted a job with another city. Nick’s last day with Medina will be on July 9, 2021. Nick first began employment with Medina on March 22, 2021. At the time, staff felt like we had a few other qualified candidates for the position. Since his recruitment process was only a few months ago, staff requests City Council authorization to contact previous job applicants for follow-up interviews and/or begin a full recruitment for the replacement of Nick Zumbusch’s position. Recommended Motions: 1) Adopt resolution accepting resignation of Public Works Maintenance Technician Nick Zumbusch 2) Authorize staff to begin recruitment to fill the vacant Public Works Maintenance Technician position MEMORANDUM Agenda Item #5E, 5F Resolution No. 2021- July 6, 2021 Member __ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021- RESOLUTION ACCEPTING RESIGNATION OF PUBLIC WORKS MAINTENANCE TECHNICIAN NICK ZUMBUSCH WHEREAS, Nick Zumbusch was hired as a Public Works Maintenance Technician with the City of Medina on March 22, 2021; and WHEREAS, on June 28, 2021, Nick Zumbusch submitted a letter of resignation from his position addressed to the Public Works Director; and WHEREAS, Nick Zumbusch resignation from his position is effective July 9, 2021. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina that Nick Zumbusch’s letter of resignation is hereby accepted. Dated: July 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. Agenda Item #5E Nick Zumbusch 1472 Hunter 5auare Waconia. MN 55387 763-607-6832 NickZumbusch@Gmail.com 06-28-2021 Dear City of Medina: Thank you for the opportunity to work for the City of Medina. While I have enjoyed my time working here, I have made the decision to resign from this position. My last day will be July 9, 2021. My brief employment period should not be a negative reflection of the staff or management and is solely based on the changing needs of my family. I am confident that you will continue to do great things at the City of Medina and I wish everyone all the best in the future. Sincerely, Nick Zumbusch Resolution No. 2021- July 6, 2021 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021- RESOLUTION APPROVING OFF-SITE GAMBLING PERMIT FOR THE WAYZATA YOUTH HOCKEY DISTRICT # 284 TO CONDUCT LAWFUL CHARITABLE GAMBLING AT 3200 MILL STREET WHEREAS, the Wayzata Youth Hockey District # 284 (“Applicant”) has made application to the City of Medina for “Off-Site Gambling” to conduct charitable gambling activities under authority and regulation of Minnesota Statute 349.16; and WHEREAS, said premises permit will be for charitable gambling activities to be conducted at the Hamel Community Building located at 3200 Mill Street within the city; and WHEREAS, Applicant understands that this license prohibits conducting charitable gambling activities at any other location not stated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of Medina, Minnesota that the Applicant’s request to conduct off-site gambling be granted, effective for the Medina Celebration Day single day event on September 18, 2021. Dated: July 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 a vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5G Resolution No. 2021 July 6, 2021 Member _____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021- RESOLUTION APPROVING PROPOSED TRANSFERS AND ASSIGNMENT OF FUND RESERVES WHEREAS, for 12/31/20, the fund balance policy goal is $2,541,190 (using 50 percent of 2021 budgeted expenditures of $5,082,380). The General fund balance at 12/31/20 was $3,506,932 or $965,742 above the goal; $263,820 being assigned reserves. BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following actions be: $500,000 be Transferred from the General Fund to the following funds: - Equipment Replacement Fund: $100,000 for Police and Public Works equipment - Road Fund: $100,000 for upcoming road projects. - Facility Capital Fund: $300,000 for future fire facility $200,000 be Assigned from General Fund reserves: - $200,000 to retirement liability for post-retirement benefits. Date: July 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: Agenda Item #5H Resolution No. 2021 2 July 6, 2021 And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: July 1, 2021 RE: Body/Squad Camera Purchases / Public Comment Background Back in 1829, Sir Robert Peel, who is regarded by many as the father of modern policing, developed what is known as the Nine Principles of Law Enforcement, which were given to law enforcement officers as general instructions. Peel’s second principle stated, “The ability of police to perform their duties is dependent upon public approval of police existence, actions, behavior and the ability of the police to secure and maintain public respect”. Almost 200 years later this still holds true. The ability to fight crime and do our jobs depends on the public’s perception of the legitimacy of officer’s actions. As you all know, there are many that are demanding police reforms which include police accountability and transparency. With that thought in mind, I firmly believe that adding the body camera solution, in addition to our squad and gun cameras, is a giant step in the right direction towards both accountability and transparency. The police department has had squad cameras since the early to mid-1990s. In March 2019, we issued the officers weapon-mounted cameras and at that time also created a “Portable Audio and Video Recorders Policy”, per Minnesota State Statue. There was a public hearing at the City Council meeting on March 19, 2019, which allowed for public comment. It was at that time the policy was approved and attached for council and public comment. We are making no changes to the policy as it was written at that time with the forethought to cover the body camera solution and this item was included in our 2021 CIP. We also received public comment on both the City’s and the Police Department’s social media sites in April 2021. The city site received no comments. The police department received three positive comments all indicating that they thought it was good for both citizens and the police in regard to the transparency and accountability as well as for the protection for the officers. In April of 2020, shortly after I became Chief, I established a working group to look for the best squad and body camera solution that would work for the police department. Our current in-squad cameras are over seven years old and are past end of life. This meant we needed a solution that would be for both squad and body cameras. In June of 2020, Sergeant Boecker, Officer Hall along MEMORANDUM Agenda Item #7A with IT Specialist Mike Brocco worked diligently on putting a Request for Quote together. Five venders responded to the request. We have decided to go with the vender WatchGuard, which I believe will be a good fit for our department. WatchGuard offers a cloud-based solution and a good evidence storage plan that will suit our needs for the next five to seven years. As part of this, WatchGuard will refresh our body cameras in three years; so ultimately, we will get new and upgraded body cameras after three years with that cost built into the overall project cost. Because of the length of time from the public hearing back in 2019 to present, we felt that it was important, but not needed, to have a public comment on the policy again to allow for public input before allowing the authorization to purchase the body and squad cameras. Again, we have also done this via social media, which would satisfy the Minnesota State Statute requirement. As always, it is my belief to be open and transparent in all we are doing at the police department. Requested Action Have an opportunity for public comment on the body/squad camera solution. Authorization to move forward with the purchase of six (6) in-squad cameras and twelve (12) body- worn cameras at the cost of approximately $105,842.00. This cost will come out of the equipment fund as previously budgeted for in 2021. 2042 – Portable Audio-Video Recorders Policy Medina Police Department Subject: Portable Audio/Video Recorders Policy Number: 2042 Po r t a b l e A u d i o / Vi d e o Re c o r d i n g s Reference: Chief’s Directive Pages: 7 Personnel: Sworn and Non-Sworn Personnel Issue Date: 01-18-2019 Revised Date: 11-16-2020 Review Date: As Needed 2042.1 – PURPOSE and SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this department while in the performance of their duties (Minn. Stat. § 626.8473). Portable audio/ video recording devices include all recording systems whether body-worn, weapon mounted camera, handheld or integrated into portable equipment. This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any Medina Police facility, undercover operations, wiretaps or eavesdropping (concealed listening devices) unless captured by a portable recording system. 2042.2 – DEFINITIONS Definitions related to this policy include: Portable recording system - A device worn by a member that is capable of both video and audio recording of the member’s activities and interactions with others or collecting digital multimedia evidence as part of an investigation and as provided in Minn. Stat. § 13.825. 2042.3 – POLICY The Medina Police may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the department and the public. 2042.4 – MEMBER PRIVACY EXPECTATION All recordings made by members on any department-issued device at any time or while acting in an official capacity of this department, regardless of ownership of the device, shall remain the property of the Department. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 2042.5 – MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member issued a portable recording device by Medina Police Department will be responsible for making sure the recorder is in good working order (Minn. 2042 – Portable Audio-Video Recorders Policy Stat. § 13.825). If the recorder is not in working order or the member becomes aware of a malfunction at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever reasonably practicable (Minn. Stat. § 626.8473). Except weapon mounted cameras will be placed on an officer's duty weapon, placed in a holster or firearms storage device and not otherwise conspicuously placed or announced. Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. Except weapon mounted cameras will be placed on an officer's duty weapons, placed in a holster or firearms storage device and not otherwise conspicuously placed or announced. When using a portable recorder, the assigned member shall record his/her name, employee number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned, or the member deactivated the recording (Minn. Stat. § 626.8473). Members should include the reason for deactivation. 2042.6 – ACTIVATION OF THE AUDIO/VIDEO RECORDER This policy is not intended to describe every possible situation in which the recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident. The recorder should be activated in any of the following situations: (a) All enforcement and investigative contacts including stops and field interview (FI) situations (b) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops (c) Self-initiated activity in which a member would normally notify Hennepin County Sheriff’s Office Dispatch (d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording (e) A weapon mounted camera will be automatically activated for recordings upon the 2042 – Portable Audio-Video Recorders Policy officer removing the weapon from a holster or a firearm storage device. Weapon mounted cameras are not intended to be used for situations a, b, c, or d., unless they involve a use of force incident involving the use of a firearm. The intended purpose of a weapon mounted camera is for use of force encounters or incidents where the officer's firearm is deployed from the officer's holster and involves the use of a firearm. Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder should be activated in situations described above as soon as reasonably practicable. 2042.7 – CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. Weapon mounted cameras will automatically terminate recording when the weapon is rehosltered into a duty holster or firearms storage device. Officers will not intentionally leave their weapon out of the holster to continue recording an encounter when a reasonable officer would have placed his duty weapon back into his holster or locking device. 2042.8 – SURREPTITIOUS RECORDINGS Minnesota law permits an individual to surreptitiously record any conversation in which one party to the conversation has given his/her permission (Minn. Stat. § 626A.02). Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation. Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Director of Public Safety or the authorized designee. 2042.9 – EXPLOSIVE DEVICE Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 2042 – Portable Audio-Video Recorders Policy 2042.10 – IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, members should download, tag or mark the recordings in accordance with procedure and document the existence of the recording in any related case report. A member should transfer, tag or mark recordings when the member reasonably believes: (a) The recording contains evidence relevant to potential criminal, civil or administrative matters. (b) A complainant, victim or witness has requested non-disclosure. (c) A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person. (d) Disclosure may be an unreasonable violation of someone’s privacy. (e) Medical or mental health information is contained. (f) Disclosure may compromise an under-cover officer or confidential informant. (g) The recording or portions of the recording may be protected under the Minnesota Data Practices Act. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. Weapon mounted camera data and recordings will be downloaded into a password protected secured server site at Medina Police Facility. Downloads of data will be handled by the Director of Public Safety or the patrol sergeant. Patrol officers issued weapon mounted cameras will not be allowed to download their own data and will not be provided the password to access the recorded data. Patrol officers shall notify the Director of Public Safety or patrol sergeant of any data to be marked as required by this section. 2042.11 – REVIEW OF RECORDED MEDIA FILES When preparing written reports, members may review their recordings as a resource, with the exception of Officer involved shooting cases, (See the Officer-Involved Shootings and Deaths Policy for guidance in those cases). However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member’s performance. Recorded files may also be reviewed: (a) Upon approval by a supervisor, by any member of the Department who is participating 2042 – Portable Audio-Video Recorders Policy in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c) In compliance with the Minnesota Data Practices Act request, if permitted or required by the Act, including pursuant to Minn. Stat. § 13.82, Subd. 15, and in accordance with the Records Maintenance and Release Policy. All recordings should be reviewed by the Custodian of Records prior to public release (See the Records Maintenance and Release Policy). Recordings that are clearly offensive to common sensibilities should not be publicly released unless disclosure is required by law or order of the court (Minn. Stat. § 13.82, Subd. 7). 2042.12 – COORDINATOR The Director of Public Safety or the authorized designee should designate a coordinator responsible for (Minn. Stat. § 626.8473; Minn. Stat. § 13.825): (a) Establishing procedures for the security, storage and maintenance of data and recordings. 1. The coordinator should work with the Custodian of Records and the member assigned to coordinate the use, access and release of protected information to ensure that procedures comply with requirements of the Minnesota Government Data Practices Act (MGDPA) and other applicable laws (Minn. Stat. § 13.01 et seq.) (See the Protected Information and the Records Maintenance and Release policies). (b) Establishing procedures for accessing data and recordings. 1. These procedures should include the process to obtain written authorization for access to non-public data by Medina members and members of other governmental entities and agencies. (c) Establishing procedures for logging or auditing access. (d) Establishing procedures for transferring, downloading, tagging or marking events. (e) Establishing an inventory of portable recorders including: 1. Total number of devices owned or maintained by the Medina Police. 2. Daily record of the total number deployed and used by members and, if applicable, the precinct or district in which the devices were used. 3. Total amount of recorded audio and video data collected by the devices and maintained by the Medina Police. (f) Preparing the biennial audit required by Minn. Stat. § 13.825, Subd. 9. (g) Notifying the Bureau of Criminal Apprehension (BCA) in a timely manner when new equipment is obtained by the Medina Police that expands the type or scope of 2042 – Portable Audio-Video Recorders Policy surveillance capabilities of the department’s portable recorders. 2042.13 – PROHIBITED USE OF AUDIO/VIDEO RECORDERS Members are prohibited from using department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on- duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Members are prohibited from using personally owned recording devices while on-duty without the express consent of the Chief or Designee/Supervisor. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements and should notify the on-duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used by any member for the purpose of embarrassment, harassment or ridicule. 2042.14 – RETENTION OF RECORDINGS All recordings shall be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 90 days. If an individual captured in a recording submits a written request, the recording may be retained for additional time period. The coordinator should be responsible for notifying the individual prior to destruction of the recording (Minn. Stat. § 13.825). 2042.15 – RELEASE OF AUDIO/VIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. 2042.16 – ACCESS TO RECORDINGS Except as provided by Minn. Stat. § 13.825, Subd. 2, audio/video recordings are considered private or nonpublic data. Any person captured in a recording may have access to the recording. If the individual requests a copy of the recording and does not have the consent of other non-law enforcement individuals captured on the recording, the identity of those individuals must be blurred or obscured sufficiently to render the subject unidentifiable prior to release. The identity of on-duty peace officers may not be obscured unless their identity is protected under Minn. Stat. § 13.82, Subd. 17. 2042 – Portable Audio-Video Recorders Policy 2042.17 – ACCOUNTIBILITY Any member who accesses or releases recordings without authorization may be subject to discipline (See the Standards of Conduct and the Protected Information policies) (Minn. Stat. § 626.8473). Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. Except weapon mounted cameras will be placed on an officer's duty weapons, placed in a holster or firearms storage device and not otherwise conspicuously placed or announced. When using a portable recorder, the assigned member shall record his/her name, employee number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned, or the member deactivated the recording (Minn. Stat. § 626.8473). Members should include the reason for deactivation. 1 TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: July 1, 2021 MEETING: July 6, 2021 SUBJECT: Shire Road Improvement Project – Public Hearing and Assessment Hearing History The roadway was originally constructed in 1988. Since then, the eastern portion was reconstructed again as part of the Willow Drive and HWY 55 intersection project in 2000. Over time the road surface has deteriorated to the extent of needing a reclamation on the 1200 ft. west section, and a mill and overlay on the 450 ft. east section. The project consists of a two-inch mill and overlay on the east and a total reclaim with a three-inch base and two-inch wear course on the west section. Coring samples found a good aggregate section along with geo fabric underneath. The extra reclaim material will be used to shoulder the street in the rural section area and add crown to the center of the street. The street is unique in the sense there are both rural and urban street sections within a single street. Detailed cost estimates are included in the feasibility report for the proposed improvements. The costs represent estimated construction costs for the reclaim/overlay project on Shire Road, including, a reclaim on the west section and a complete asphalt replacement for the entire street along with replacement of damaged or settled curb. The estimate also includes an additional 10% allowance for project administration, management, and contingencies. The cost for the work is based on material bids for 2021, recently received by the City of Medina. The project is to be funded with a combination of assessments and street fund proceeds. I spoke with the three businesses who will be impacted by the Shire Road street improvement project. I then sent notices to inform each business about the June 1st City Council meeting. Everyone agrees Shire Road needs repair. The Feasibility Report and Resolutions are included in your packets. Recommendation Staff is requesting the following actions on the Shire Road Improvement Project after the public hearings: 1. Resolution Approving Plans According to Feasibility Report and Ordering Shire Road Improvement Project 2. Resolution Adopting Assessment Roll for Shire Road Improvement Project MEMORANDUM Agenda Item #7B Resolution No. 2021- July 6, 2021 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-xx RESOLUTION APPROVING PLANS ACCORDING TO FEASIBILITY REPORT AND ORDERING SHIRE ROAD IMPROVEMENT PROJECT WHEREAS, pursuant to previous actions by the city council, city staff has prepared plans and specifications for the mill and overlay and a section of reclaim for the Shire Road Improvement Project and has presented such plans and specifications to the council for approval. WHEREAS, ten days’ mailed notice and two weeks’ published notice of the hearing was given and the hearing was held on July 6, 2021, at which hearing all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby adopted. 2. The above-described improvement is necessary, cost effective and feasible as detailed in the feasibility report. 3. The improvement is hereby ordered as proposed. Dated: July 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: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2021-xx July 6, 2021 Member __ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2021-xx RESOLUTION ADOPTING ASSESSMENT ROLL FOR SHIRE ROAD IMPROVEMENT PROJECT WHEREAS, the city clerk has, with the assistance of the public works director and the city finance director, prepared a proposed roll regarding the assessment of benefited properties for a portion of the cost of the Shire Road improvement project which consists of mill and overlay improvements and section of reclaim; and WHEREAS, pursuant to notice as required by law, the city council conducted a public hearing on July 6, 2021, with regard to the proposed assessments and heard and passed upon all objections to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, as follows: 1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. The special assessment shall be payable in equal annual installments extending over a period of 7 years, the first installment to be payable on or before the first Monday in January, 2022, and shall bear interest at the rate of 4.00% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2022. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to November 15, 2021, pay the whole of the assessment on such property to the city finance director, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 60 days of the adoption of the assessment. Thereafter, any owner may pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The city clerk shall forthwith transmit a certified duplicate of this resolution to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 2021-xx July 6, 2021 2 Dated: July 6, 2021. Kathleen Martin, Mayor ATTEST: Jodi 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-xx July 6, 2021 3 MapID PID OWNER PROPERTY ADDRESS Assessment Share 1 0411823420008 ROCKLER FAMILY LTD PRTNRSHP 4365 WILLOW DR $22,154 2 0411823240003 GALLOWAY REAL ESTATE HLDGS 2805 SHIRE ROAD $22,153 3 0411823130006 TWIN CITY OUTDOOR SERVICES INC 2705 HIGHWAY 55 $22,153 Total $66,460 Resolution No. 2021-xx July 6, 2021 4 Feasibility Report Shire Road Reclaim/Overlay Project City of Medina May 2021 Prepared by: Steve Scherer Public Works Director Shire Road Overlay Project Page 2 City of Medina – Shire Road Reclaim/Overlay Project____________________________________ Table of Contents Table of Contents………………………………………………………………………….. 2 1.0 Introduction……………………………………………………………................... 3 2.0 Summary and Recommendations………………………………………...................4 3.0 Street Improvements……………………………………………………...................5 Figure 1 – Typical Section – Overlay 4.0 Cost Summary……………………………………………………………………… 6 Table 1 – Proposed Improvements Cost Summary…………………………7 5.0 Funding Options…………………………………………………………………….8 6.0 Project Schedule……………………………………………………….……………9 Appendix A – Cost Estimate……………………………………………………… A-1 Appendix B – Map of Assessment Area and Proposed Improvements……………. B-1 Shire Road Overlay Project Page 3 City of Medina – Shire Road Reclaim/Overlay Project ________________________________ 1.0 Introduction This report has been prepared to determine the feasibility of improvements to Shire Road. The roadway was originally constructed in 1988. Since then, the eastern portion was reconstructed again as part of the Willow Dr. and HWY 55 intersection project in 2000. Over time the road surface has deteriorated to extent of needing a reclamation on the 1200 ft. west section, and a mill and overlay on the 450 ft east section. The project consists of a two-inch mill and overlay on the east and a total reclaim with a three- inch base and two-inch ware course on the west section. Coring samples found a good aggregate section along with geo fabric underneath. The extra reclaim material will be used to shoulder the street in the rural section area and add crown to the center of the street. Staff is confident the street will serve the businesses for years to come. A cost analysis was discussed and is presented in the Cost Summary section. A detailed cost estimate of the proposed improvements is presented in Appendix A. Shire Road Overlay Project Page 4 City of Medina – Shire Road Reclaim/Overlay Project________________________________ 2.0 Summary and Recommendations The overlay/reclaim of Shire Road is feasible from an engineering standpoint. The project is cost effective and necessary to prolong the useful life of the road. The following recommendations are presented for consideration by the Medina City Council: 1) That this report be adopted as the guide for the reclaim and overlay of Shire Road. 2) That the cost of improvements be allocated in accordance with the City’s Special Assessment Policy throughout the proposed roadway improvement area. 3) That a public hearing be held July 6, 2021, on the proposed improvements, and assessments. Shire Road Overlay Project Page 5 City of Medina – Shire Road Reclaim/Overlay Project____________________________________ 3.0 Street Improvements Roadways in Medina are rated on a scale of 1 to 5 based on their condition (5 indicating excellent condition). Shire Road is currently rated at a 1 on the west and 3 one the east. The road has been continually blade patched to extend its life expectancy. Below is a summary of the project. The Shire Road Project will include milling of the eastern portion of the street and a total reclaim along with asphalt replacement on the west. An application of approximately 615 tons of base course on the west section and a total of 562 tons of ware course across the entire street section. The road width is approximately 28 feet wide, with curb on the eastern section and aggregate shoulders on the west section. Damaged or settled curb will also be replaced in the project. Cost estimates for the proposed street improvement are presented in Appendix A. Shire Road Overlay Project Page 6 Figure One Shire Road Overlay Project Page 7 City of Medina – Shire Road Overlay Project__________________________________ 4.0 Cost Summary Detailed cost estimates for the proposed improvements are presented in Appendix A. The costs represent estimated construction costs for the reclaim/overlay project on Shire Road, including, a reclaim on the west section a complete asphalt replacement for the entire street along with replacement of damaged or settled curb. The estimate also includes an additional 10% allowance for project administration, management, and contingencies. The cost for the work is based on material bids for 2021, recently received by the City of Medina. A summary of the estimated costs is presented in Table 1. TABLE 1 – PROPOSED IMPROVEMENT COST SUMMARY Project Cost Shire Road $132,920.00 Total $132,920.00 Shire Road Overlay Project Page 8 City of Medina – Shire Road Reclaim/Overlay Project___________________________________ 5.0 Funding Options 5.1 ASSESSMENTS The City of Medina has an adopted special assessment policy regarding public improvements. Shire Road is classified as a Commercial Street. Following the guidelines of this policy, 50% of the construction costs for the project will be funded through special assessments. Properties which will be assessed for a portion of the project are identified in Appendix B. 5.2 CITY FUNDS The remainder of the project costs not assessed to benefitting properties will be funded with City street funds. Shire Road Overlay Project Page 9 City of Medina – Shire Road Reclaim/Overlay Project______________________________________ 6.0 Project Schedule The below schedule provides for completion in September 2021. Council Accepts Feasibility June 1, 2021 Call For Public Hearing and Assessment Hearing June 1, 2021 Public Hearing / Assessment Hearing July 6, 2021 Begin Construction July, 2021 Final Completion September 2021 The schedule assumes that the public hearing and assessment hearing for the project will be held at a single, regularly scheduled Council meeting. Note that the construction process should occur over one Month period during a July to September timeframe. Shire Road Overlay Project Page 10 APPENDIX A Cost Estimate 2021 Street CIP Shire Road Overlay Project Page 11 Cost Estimate for Improvements Shire Road Units Amount $/Unit Total 2 inches of Bituminous Wear Course SPWEB240(B) TN 562 74.20 $41,701 3 inches of Bituminous Base Course SPNWB230(B) TN 615 74.20 $45,633 Reclaim and compaction SY 3733 3.60 $13,439 Milling SY 1380 2.80 $ 3,864 Mobilization Per 2 500. $1,000 Curb LF 380 40.00 $15,200 10% Contingency Allowance $ 12,084 Total Estimated Cost $ 132,920 Cost Assumptions: ______________________________________________________________ Tack coat cost included in the installed bituminous wear course unit price. Shire Road Overlay Project Page 12 APPENDIX B Assessment and Proposed Improvement Area Map Shire Road Overlay Project Page 13 Planning Department Update Page 1 of 2 July 6, 2021 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: July 1, 2021 SUBJ: Planning Department Updates – July 6, 2021 City Council Meeting Land Use Application Review A) Rolling Green Business Center PUD Amendment – 801-855 Meander Ct – Rolling Green Business Park Association, Inc. has requested an amendment to the PUD regulating development of the site to allow additional service/retail uses on the site. The PUD currently only permits office uses. The request is tentatively scheduled for a public hearing at the July 13 Planning Commission meeting. B) Prairie Creek Preliminary Plat – 500 Hamel Road – Stetler Enterprises has requested preliminary plat approval for a 17-unit villa development. Staff is conducting a preliminary review and a public hearing will be scheduled when complete, potentially at the July 13 or August 10 meeting. C) 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. This application has been withdrawn and will be closed. D) Pioneer Trail Preserve – 2325 Pioneer Tr. – James and Melissa Korin have requested a 3- lot subdivision of a 40-acre parcel. The City Council adopted a resolution of approval at the June 15 meeting. Staff will await a final plat application. E) 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. The City Council approved this at the April 20 meeting. Staff will work with the applicant to prepare the plat for recording before construction begins. F) 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. G) 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 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. H) 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. I) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – These projects have been preliminarily approved and the City is awaiting final plat application. Planning Department Update Page 2 of 2 July 6, 2021 City Council Meeting J) 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. K) 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) Wolsfeld Woods Ravine Stabilization – staff met with Minnehaha Creek Watershed, WSB and Wenck (now Stantec) related to the project. WSB has consulted with a contractor on the project related to the preliminary cost estimates for construction. Indications are that costs may likely be significantly higher than previously estimated when Minnehaha Creek requested grant funding. The City received approximately $230,000 in grants for the project, which was originally estimated at approximately $300,000. It is projected that the total project cost may be in excess of $400,000. Staff is working with Minnehaha Creek to get another opinion on the project cost. In addition, Minnehaha Creek staff has indicated that they may be a partner to fill the funding gap. Staff is trying to schedule a meeting with the DNR to ensure they support the project on their property. B) Met Council Comp Plan process discussion – I met with the City’s Sector Rep to discuss what went well and what could be improved in terms of the Comprehensive Plan process with the Metropolitan Council. C) Elm Creek Watershed/Uptown Hamel Stormwater – staff attended the Elm Creek Watershed Technical Advisory Committee meeting to discuss how Elm Creek intends to apply its rules to redevelopment projects in Uptown Hamel. Staff had responded to an inquiry on a potential project and wanted to verify that the existing ponding will be sufficient. Initial feedback was that a project under an acre would be considered to be sufficiently met. However, the TAC’s initial feedback is that any project which disturbs over an acre of property should be subject to Elm Creek’s new rules. Staff intends to continue engaging with the watershed, because this could have a major impact on development in Uptown Hamel. D) Planning Intern – staff conducted interviews and is preparing to offer the position to the top candidate. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: July 1, 2021 RE: Department Updates The summer is moving fast, and we are already into July. Our agency is preparing for community activities such as the Hamel Rodeo July. While this does not occur in our city there are many things that go on after the Rodeo each night in Hamel which requires extra police presence and then on the 11th is the annual Hamel Rodeo Parade. We really enjoy being part of this community event. After a year off and almost all COVID restrictions being lifted, we expect big crowds this year again. Staff is also preparing for Night to Unite on Tuesday August 3rd. Community Service Officers Billman and Cook are coordinating on gathering party location information. We again look forward to attending the community gatherings with council. With this years’ Legislative session winding down I was hoping to be able to give a detailed recap of what that means for police. There has been a clear message that police reforms are needed and we are waiting to see what those reforms may look like. I am hoping to have more information in my next department update as to what has been decided and how that may or may not affect us. Sergeant Boecker, Officers Hall and McKinley are working with Lexipol staff on our policy manual. This is a long and tedious process getting the policy manual through many drafts and revisions prior to implementation. Thing are progressing and we are hoping to have the new policy manual to the officers sometime in the fourth quarter. Patrol: The following are updates of Patrol Officers between June 9, 2021, and June 30, 2021: Officers issued 34 citations and 68 warnings for various traffic offenses, responded to 7 property damage accidents, 1 personal injury accident, 13 welfare checks, 26 medicals, 18 suspicious calls, 15 traffic complaints, 36 assists to other agencies, and 7 business/residential alarms. On 06/10/2021 Officer was flagged down at Hamel Legion Park to report suspicious activity. The person reported a male hid something in a tree in the park and then left in a vehicle. The officer went to the tree and found a pack of cigarettes. This same male was reported in two other similar incidents in the Hamel area, leaving cigarette packs at the post office and on someone’s private MEMORANDUM property. Officers were able to make contact with the male by running the registration. He was found to live in Plymouth. Officers made contact with the male and asked him to stop leaving cigarette packs around town. It is believed the male is hiding his smoking habit from his family. On 06/11/2021 Officer was dispatched to a theft from auto report along Meander Road in the new construction. The officer learned a construction trailer was broken into overnight and numerous tools were stolen. The case was forwarded to Investigations. On 06/16/2021 Officer was dispatched to a welfare check of two young girls riding bikes along Highway 55. The officer located the girls who said they were riding their bikes to Target. The officer contacted the girls’ grandmother who they were staying with who was unaware that they were riding their bikes on the highway. She came and picked them up. On 06/12/2021 an Officer was dispatched to a medical at Aldi’s. It was learned that a female had slipped on a tomato that was on the floor and possibly dislocated her knee. She was transported to the hospital by ambulance. Officers were assisted by Hamel Fire Department. On 06/12/2021 Officers were dispatched to a report of gunshots being heard somewhere near Holy Name Lake. The area was checked and the source of the sounds of gunshots was not located. On 06/12/2021 an Officer on a spot check in the Target lot observed a male park in a handicap spot and go into the store. The vehicle did not have a handicap placard. The officer waited for the male to return to his vehicle and found his driver’s license was canceled-inimical to public safety. The male was arrested, booked and released at our police department. On 06/12/2021 Officer cited two drivers for speeding on Highway 55, one going 84 mph and the other 106 mph. Both drivers had just left the Automotorplex monthly car show. On 06/13/2021 an Officer was dispatched to an intoxicated male at the Medina Country Club. When the officer arrived, he found the highly intoxicated male sleeping on the floor mat at the entrance to the business. The male was unable to care for himself and was sent to the hospital to sober up. On 06/15/2021 around 0230 hours an Officer was dispatched to a house fire in the 200 block of Hamel Road. Upon arrival the officer found the porch area of the home was on fire and all the residents had evacuated from the house. Hamel Fire Department, along with assistance from several other agencies, was able to extinguish the fire. On 06/21/2021 an Officer was dispatched to a welfare check at the Dollar Tree store. A customer reported finding the front door locked and lights on inside with no employees around. The officer responded and found the store was supposed to be open but was locked up and no employees were seen inside. The Officer was able to eventually make contact with a district manager who said due to low staffing levels they did not have employees to work today’s shift, so the store remained closed. On 06/25 and 06/26 Officers took theft reports involving the theft of catalytic converters from work vehicles at Maple Crest Landscapes and Gregor Farms Nursery. Evidence was collected at one of the theft scenes and will be sent to Hennepin County Crime Lab for processing. Catalytic converter thefts have been problematic recently around the metro area. On 06/28/2021 an Officer was dispatched to a CSC report in the 300 block of Sunnyridge Lane, Loretto. A resident of an apartment complex stated she was seated at a picnic table outside when another male resident sat down across from her and began masturbating. The female got up and left and then reported the incident to management along with calling police. The Officer made contact with the male who admitted to “pleasuring himself” in front of her. The case is to be forwarded to the Loretto Prosecuting Attorney for charging. Investigations: In the last week, there have been a few thefts of catalytic converters in Medina. The suspects work very quickly and are able to steal the catalytic converter in a matter of minutes. Evidence was processed for DNA and fingerprints at one of the theft locations. The investigation is on-going. Investigating a forgery that occurred at a business in Medina. A suspect paid for their merchandise using counterfeit currency. I am currently waiting for video surveillance from the business. The counterfeit currency was sent to the United States Secret Service. Investigating the theft of jewelry from a residence. The reporting party believes their child is responsible for the theft. The investigation is on-going. Received a report of a theft from a motor vehicle in the city of Loretto. The suspect then used the victim’s credit card at two different stores in the metro area. I sent out a crime alert with information about the suspect. Information about the suspect was also put on the department’s Facebook page. Investigating a theft from a construction trailer. Several tools were taken from a locked construction trailer overnight. The investigation is on-going. There are currently (16) cases assigned to investigations. 1 TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: July 1, 2021 MEETING: July 6, 2021 SUBJECT: Public Works Update STREETS • Public Works has begun the process of clearing brush along Medina Road for the shoulder project. The actual work is scheduled to begin in the next week or two. • Dust control has been installed on the few gravel roads which remain in the city. • I met with the residents of Medina Manor (Highcrest /Oak Circle) to discuss the street overlay project. All comments were positive and in support of the improvement. I spoke to approximately 50% of the homeowners. WATER/SEWER/STORMWATER • Public works responded to three different watermain breaks last week. Two were in the Independence Beach area and one in the Hamel system. • Work is underway to complete the 2021 (WINS) Wastewater Infrastructure Needs Survey. • The first half of the Risk and Resilience Assessment and Emergency Response Plan for Drinking Water Utilities is complete. The purpose was to identify all possible threats to our system, be it intentional sabotage or by an act of nature. Part two is due in December and will establish a procedure for how the City would handle any of these situations. • The new computer software programs for the water treatment plant are approximately 90% complete. PARKS/TRAILS • I met with the Land Trust and toured Tomann Park. Comments we very positive on the stewardship Medina is providing for the park. • Plans are being finalized for the first phase of renovations at Hunter Lions Park (court replacement and ballfield relocation). Work will begin soon. PERSONNEL • Nick Zumbush turned in his resignation so we will begin the process to find his replacement. MEMORANDUM ORDER CHECKS JUNE 15, 2021 – JULY 6, 2021 051655 ALI, MARIYA .............................................................................. $150.00 051656 BURIDI, SHEELA ....................................................................... $500.00 051657 CARLSTROM, WILLIAM & KIM ................................................. $250.00 051658 CASH........................................................................................... $52.00 051659 CHANDRASHEKAR, LOKESH .................................................. $250.00 051660 COMMERCIAL ASPHALT CO. .................................................. $864.40 051661 DAY, SHANNON........................................................................ $250.00 051662 EDGEWATER TITLE GROUP LLC .............................................. $55.56 051663 EDINA REALTY ........................................................................... $70.90 051664 GUASTAFERRO, ROSANA ....................................................... $560.00 051665 HAWKINS INC. .......................................................................... $166.80 051666 LEXISNEXIS RISK DATA MGMT INC .......................................... $48.00 051667 METRO WEST INSPECTION ............................................... $12,039.99 051668 MN DVS ....................................................................................... $60.00 051669 DVS RENEWALS ........................................................................ $50.75 051670 TIM AND STACEY NELSON ..................................................... $250.00 051671 NORTH MEMORIAL .................................................................... $35.00 051672 DAN OR PAM PATNODE .......................................................... $310.00 051673 PETRIE, TRAVIS/CARRIE ......................................................... $250.00 051674 RENEWAL BY ANDERSON ...................................................... $100.00 051675 RESULTS TITLE.......................................................................... $87.54 051676 SMART, YORIE ......................................................................... $250.00 051677 WEIGEL, MARY......................................................................... $250.00 051678 AMIC, LISA/AARON .................................................................. $500.00 051679 DAKOTA SUPPLY GROUP ......................................................... $12.32 051680 EAGLE BROOK CHURCH ......................................................... $250.00 051681 EXECUTIVE TITLE ........................................................................ $6.15 051682 GARTHWAIT, JEFF/JODI .......................................................... $100.00 051683 HACH COMPANY ...................................................................... $736.22 051684 HUTCHINSON, TROY ................................................................. $20.00 051685 LAND TITLE TRUST ACCOUNT ................................................. $79.02 051686 CITY OF MAPLE PLAIN ......................................................... $2,705.27 051687 MOHAN, VIJAY.......................................................................... $112.09 051688 MUSSO, CHRISTOPHER/EMILY .................................................. $7.37 051689 NEWMAN, DAVID OR JENNIFER ............................................. $500.00 051690 CITY OF ORONO ................................................................... $5,287.51 051691 RESULTS TITLE.......................................................................... $31.70 051692 SOUKUP, PAUL ................................................................... $10,000.00 051693 VIRGILLO, BELINDA ................................................................. $500.00 051694 WATERMARK TITLE AGENCY ................................................... $81.84 051695 ASPEN MILLS INC ...................................................................... $60.96 051696 BEAUDRY OIL & PROPANE .................................................. $3,103.96 051697 BOND TRUST SERVICES CORP ......................................... $91,785.51 051698 CONTEMPORARY IMAGES ........................................................ $30.62 051699 CITY OF CORCORAN ............................................................... $547.19 051700 CORE & MAIN LP ...................................................................... $749.45 051701 ECM PUBLISHERS INC .............................................................. $47.49 051702 ENGEL WATER TESTING INC.................................................. $450.00 051703 FEHN COMPANIES INC ......................................................... $4,513.32 051704 FERGUSON ENTERPRISES INC .............................................. $250.62 051705 GO 2 HAMEL LLC ..................................................................... $332.64 051706 HACH COMPANY ...................................................................... $736.22 051707 HAKANSON ANDERSON ASSOCIATES I ................................ $500.00 051708 HAMEL LUMBER INC .................................................................. $27.98 051709 HAWKINS INC. ....................................................................... $3,652.84 051710 HENN COUNTY INFO TECH .................................................. $2,289.83 051711 HENN COUNTY TREASURER .................................................... $20.00 051712 HOLIDAY STATIONSTORES LLC ............................................. $701.98 051713 JIMMY'S JOHNNYS INC ............................................................ $825.00 051714 KD & COMPANY RECYCLING INC ........................................ $1,410.10 051715 KENNEDY & GRAVEN CHARTERED .................................. $13,758.50 051716 LANDFORM ............................................................................ $4,252.50 051717 LUTHER BROOKDALE CHEVROLET .................................... $1,757.57 051718 E.J. MAYERS INC .................................................................. $5,584.00 051719 METROPOLITAN COUNCIL ................................................. $33,322.64 051720 METRO ELEVATOR INC ........................................................... $195.00 051721 METRO WEST INSPECTION ............................................... $13,545.00 051722 DVS RENEWALS ........................................................................ $14.25 051723 MORRIS ELECTRONICS INC. .................................................. $640.00 051724 MOTLEY AUTO SERVICE LLC ................................................. $111.00 051725 MUSCO SPORTS LIGHTING LLC ...................................... $189,900.00 051726 NAPA OF CORCORAN INC ...................................................... $318.23 051727 NORTHLAND PETROLEUM SERVICES ................................... $164.00 051728 OFFICE DEPOT ........................................................................ $152.26 051729 OIL AIR PRODUCTS LLC .......................................................... $235.72 051730 RANDY'S SANITATION INC ........................................................ $20.00 051731 ROLF ERICKSON ENTERPRISES INC .................................. $8,306.31 051732 RUSSELL SECURITY RESOURCE INC .................................... $305.00 051733 SCHMIDT CURB COMPANY INC ........................................... $9,696.00 051734 SITEONE LANDSCAPE SUPPLY LLC ........................................ $78.81 051735 SPORTS LIGHTING AUTHORITY INC ................................... $5,431.00 051736 STREICHER'S ............................................................................. $92.97 051737 SUN LIFE FINANCIAL ............................................................ $1,542.40 051738 TACTICAL SOLUTIONS ............................................................ $388.00 051739 TEGRETE CORP .................................................................... $1,670.00 051740 TIMESAVER OFFSITE .............................................................. $479.63 051741 TITAN MACHINERY .................................................................. $138.01 051742 SSI MN TRANCHE 1 #10322006 ............................................ $5,020.24 051743 SSI MN TRANCHE 3 #10327096 ............................................ $7,125.05 051744 WATER CONSERVATION......................................................... $361.63 Total Checks $454,471.86 ELECTRONIC PAYMENTS JUNE 15, 2021 – JULY 6, 2021 005978E AFLAC ....................................................................................... $473.48 005979E XCEL ENERGY ......................................................................... $950.17 005980E PR PERA .............................................................................. $18,147.08 005981E PR FED/FICA ....................................................................... $17,260.57 005982E PR MN Deferred Comp ........................................................... $3,590.00 005983E PR STATE OF MINNESOTA .................................................. $4,070.73 005984E CITY OF MEDINA ........................................................................ $23.00 005985E FURTHER .............................................................................. $1,885.20 005986E MINNESOTA, STATE OF ....................................................... $2,279.00 005987E MEDIACOM OF MN LLC ........................................................... $845.79 005988E PR FED/FICA .............................................................................. $26.60 005989E CENTURYLINK.......................................................................... $251.33 005990E FRONTIER .................................................................................. $57.74 005991E ELAN FINANCIAL SERVICE .................................................. $6,657.43 005992E FURTHER ................................................................................. $204.80 005993E CENTERPOINT ENERGY ......................................................... $410.04 005994E DELTA DENTAL ..................................................................... $2,825.76 005995E GREAT AMERICA FINANCIAL SERVI ...................................... $178.95 005996E MARCO (LEASE) ....................................................................... $795.61 005997E CITY OF PLYMOUTH ............................................................. $1,176.16 005998E VALVOLINE FLEET SERVICES ................................................ $157.39 005999E WRIGHT HENN COOP ELEC ASSN ...................................... $1,961.98 006000E FURTHER ................................................................................. $236.00 Total Electronic Checks $64,464.81 PAYROLL DIRECT DEPOSIT – JUNE 23, 2021 0511109 BILLMAN, JACKSON CARROLL .............................................. $672.88 0511110 COOK, JUSTIN W .................................................................... $707.60 0511111 ALTENDORF, JENNIFER L. ..................................................... $682.60 0511112 BARNHART, ERIN A. ............................................................ $2,505.32 0511113 BOECKER, KEVIN D. ............................................................ $2,606.37 0511114 CONVERSE, KEITH A. .......................................................... $2,126.00 0511115 DEMARS, LISA ...................................................................... $1,421.34 0511116 DION, DEBRA A. ................................................................... $1,990.76 0511117 ENDE, JOSEPH..................................................................... $2,475.04 0511118 FINKE, DUSTIN D. ................................................................ $2,623.24 0511119 GALLUP, JODI M. .................................................................. $2,146.97 0511120 GLEASON, JOHN M. ............................................................. $2,455.25 0511121 GREGORY, THOMAS ........................................................... $1,933.50 0511122 HALL, DAVID M. .................................................................... $2,160.48 0511123 HANSON, JUSTIN ................................................................. $2,325.33 0511124 JACOBSON, NICOLE ............................................................... $846.23 0511125 JESSEN, JEREMIAH S. ......................................................... $2,615.02 0511126 JOHNSON, SCOTT T. ........................................................... $2,066.39 0511127 KLAERS, ANNE M. ................................................................ $1,485.12 0511128 LEUER, GREGORY J. ........................................................... $2,049.48 0511129 MCGILL, CHRISTOPHER R. ................................................. $1,408.21 0511130 MCKINLEY, JOSHUA D ......................................................... $2,035.76 0511131 NELSON, JASON .................................................................. $2,598.39 0511132 REINKING, DEREK M ........................................................... $2,419.47 0511133 SCHARF, ANDREW .............................................................. $2,263.16 0511134 SCHERER, STEVEN T. ......................................................... $2,367.70 0511135 VINCK, JOHN J ..................................................................... $1,800.78 0511136 VOGEL, NICHOLE .................................................................... $956.40 0511137 ZUMBUSCH, NICHOLAS P ................................................... $1,801.95 Total Payroll Direct Deposit $55,546.74