HomeMy Public PortalAbout10.06.2020 Complete City Council Meeting Packet Posted 10/02/2020 Page 1 of 2
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, October 6, 2020
7:00 P.M.
Meeting to be held telephonically/virtually
pursuant Minn. Stat. Sec. 13D.021
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the September 15, 2020 Work Session Meeting
B. Minutes of the September 15, 2020 Regular Council Meeting
V. CONSENT AGENDA
A. Reschedule November 10, 2020 Special Council Meeting to November 13, 2020 at 1 p.m.
B. Appoint Jackson Carroll-Billman to Community Service Officer Position
C. Approve Snow Removal Services Agreement with Hunzy’s LLC
D. Approve Tree Trimming Agreement with Ray’s Tree Service
E. Resolution Appointing Election Judges for the November 3, 2020 General Election
F. Resolution Accepting Donation from Thomas VanBeusekom
G. Resolution Approving Recycling Grant Agreement with Hennepin County
H. Resolution Approving a Donation from the Hamel Athletic Club
I. Approve Field Conversion and Installation Services Agreement with Supreme Outdoor Services
J. Approve Installation Services Agreement with D’Fence
K. Approve Preliminary Development Agreement between the City of Medina and U.S. Home
Corporation Regarding MeadowView Commons
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. PRESENTATIONS
A. Resolution Recognizing Public Safety Director Jason Nelson for 20 Years of Service to the City of
Medina
B. Resolution Recognizing Public Works Field Inspector John Gleason for 10 Years of Service to the
City of Medina
VIII. NEW BUSINESS
A. Roehl Heights – Final Plat – 1735 Medina Road
1. Resolution Granting Final Plat Approval to the Estate of Robert J. Roehl for the Roehl
Heights Plat
2. Upland Buffer Easement Agreement
B. Mike and Carolyn Anderson, Oakwood Hill LLC, - Lot Line Rearrangement - 985/995 Medina
Road
1. Resolution Approving a Lot Line Rearrangement of 985 and 995 Medina Road
C. Ordinance Amending Individual Sewage Treatment System Permit Requirements; Amending
Chapters 7 and 8 of the City Code
1. Resolution Authorizing Publication of Ordinance by Title and Summary
D. Medina Fire Contracts Letter
IX. CITY ADMINISTRATOR REPORT
A. COVID-19 Public Meeting Update
Telephonic/Virtual Meeting
Call-in Instructions
Join via Microsoft Teams to view
presentations at this link:
https://medinamn.us/council/
For audio only: Dial 1-612-517-3122
Enter Conference ID: 745 867 870#
Posted 10/02/2020 Page 2 of 2
X. MAYOR & CITY COUNCIL REPORTS
XI. APPROVAL TO PAY BILLS
XII. CLOSED SESSION: Attorney-Client Privileged Discussion on Threatened Litigation Matter
Specifically with Minnesota Department of Labor and Industry Pursuant to Minn. Stat. Sec. 13D.05,
Subd. 3(b)
XIII. CLOSED SESSION: City Administrator Annual Performance Review, Pursuant to Minn. Stat. Sec.
13D.05, Subd. 3(a)
XIV. ADJOURN
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: October 1, 2020
DATE OF MEETING: October 6, 2020
SUBJECT: City Council Meeting Report
Telephonic/Virtual Meeting Call-in Instructions
Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/
For audio only: Dial 1-612-517-3122; Enter Conference ID: 745 867 870#
V. CONSENT AGENDA
A. Reschedule November 10, 2020 Special Council Meeting to November 13, 2020 at 1 p.m.
– Staff recommends rescheduling the Special City Council Meeting to Friday, November
13, 2020 at 1 p.m. to canvass the General Election results.
See attached memo and calendar.
B. Appoint Jackson Carroll-Billman to Community Service Officer Position – Staff
recommends the appointment of Jackson Carroll-Billman to fill the vacant Community
Service Officer position.
See attached memo.
C. Approve Snow Removal Services Agreement with Hunzy’s LLC – Staff recommends
renewing Medina’s contract with Hunzy’s LLC for snow removal services at the Hamel
Community Building.
See attached memo and agreement.
D. Approve Tree Trimming Agreement with Ray’s Tree Service – Staff recommends approval
of the Tree Trimming Agreement with Ray’s Tree Service.
See attached memo and agreement.
E. Resolution Appointing Election Judges for the November 3, 2020 General Election – Staff
recommends approval of the resolution appointing Election Judges for the November 3rd
General Election.
See attached resolution.
F. Resolution Accepting Donation from Thomas VanBeusekom – Staff recommends approval
of the resolution accepting the donation from Thomas VanBeusekom.
See attached resolution.
2
G. Resolution Approving Recycling Grant Agreement with Hennepin County – Staff
recommends approval of the updated grant agreement for recycling with Hennepin County.
See attached resolution.
H. Resolution Accepting Donation from the Hamel Athletic Club
I. Approve Field Conversion and Installation Services Agreement with Supreme Outdoor
Services
J. Approve Fence Installation Services Agreement with D’Fence
Hamel Athletic Club Request – The Hamel Athletic Club (HAC) has requested to fund
100% of the improvements to convert quad field # 1 to a grassed in-field, convert quad
field # 3 to an intermediate field, and install fencing at Hamel Legion Park. This item was
on the September 15th agenda and was tabled for additional information. Council Member
DesLauriers and staff members have since met with HAC on site to address the
improvements. It was agreed upon to remove the installation of 8 mini t-ball fields from
the original proposal to be vetted further by the Park Commission in the spring of 2021;
the remaining items were vetted and are recommended to move forward this fall. Staff
recommends approving the resolution accepting the donation from HAC and approving the
contracts to complete the work (Consent Agenda Items 5H-5I-5J).
See attached request, resolution, and contracts.
K. Approve Preliminary Development Agreement between the City of Medina and U.S. Home
Corporation Regarding MeadowView Commons – Council reviewed this request at the
August 18th meeting and directed staff to prepare the attached document for approval. Staff
recommends approval.
See attached agreement.
VII. PRESENTATIONS
A. Resolution Recognizing Public Safety Director Jason Nelson for 20 Years of Service to the
City of Medina – Public Safety Director Jason Nelson will be at the virtual meeting to be
recognized for 20 years of service to the City of Medina.
See attached resolution.
Recommended Motion: Motion to approve resolution recognizing Public Safety
Director Jason Nelson for 20 years of service to the City of Medina
B. Resolution Recognizing Public Works Field Inspector John Gleason for 10 Years of Service
to the City of Medina – Public Works Field Inspector John Gleason will be at the virtual
meeting to be recognized for 10 years of service to the City of Medina.
See attached resolution.
3
Recommended Motion: Motion to approve resolution recognizing Public Works Field
Inspector John Gleason for 10 years of service to the City of Medina
VIII. NEW BUSINESS
A. Roehl Heights – Final Plat – 1735 Medina Road – On June 16, 2020, the City Council
granted preliminary approval to the Estate of Robert Roehl for a two-lot subdivision at 1735
Medina Road. The subject property is located along Medina Road, west of Tamarack Drive.
The owner has now requested final approval of the plat.
See attached report.
Recommended Motion # 1: Motion to adopt Resolution Granting Final Plat Approval to
the Estate of Robert J. Roehl for the Roehl Heights Plat
Recommended Motion # 2: Motion to adopt Upland Buffer Easement Agreement
B. Mike and Carolyn Anderson, Oakwood Hill LLC, - Lot Line Rearrangement - 985/995
Medina Road – Mike Anderson and Steve Hicks (on behalf of Oakwood Hill LLC) have
requested approval of a lot line rearrangement to adjust the lot line between two parcels at
985 and 995 Medina Road. The home on 995 Medina Road (Anderson) is located close to
Medina Road while the home on 985 (Oakwood) sits further to the south. The lots currently
share a driveway which is located close to the Anderson home. The rearrangement is
intended to provide the 985 Medina Road parcel with frontage to construct a driveway along
the western edge of the properties. In exchange for this land, land would be added to the
eastern side of the 995 Medina Road parcel.
See attached report.
Recommended Motion: Motion to adopt Resolution Approving a Lot Line
Rearrangement of 985 and 995 Medina Road
C. Ordinance Amending Individual Sewage Treatment System Permit Requirements;
Amending Chapters 7 and 8 of the City Code – City Code section 720 regulates Individual
Sewage Treatment Systems (ISTS), or septic systems, pursuant to Minnesota Rules.
Minnesota Rules permit a City to adopt more restrictive standards, but not less restrictive.
Section 720 includes several provisions which are more restrictive. Staff is recommending
the following changes to the City’s Code: 1) Remove requirement that every design include
percolation tests (perc tests); 2) Remove requirement for minimum of two 1,000-gallon
septic tanks; and 3) Technical corrections including statutory references.
See attached report.
Recommended Motion # 1: Motion to adopt Ordinance Amending Individual Sewage
Treatment System Permit Requirements; Amending Chapters 7 and 8 of the City Code
4
Recommended Motion # 2: Motion to adopt Resolution Authorizing Publication of
Ordinance by Title and Summary
D. Medina Fire Contracts Letter – In its draft report presented at the September 15, 2020
Medina City Council Work Session, Matrix recommended the development of a joint
powers agreement to provide fire and emergency response services on a regional basis to
Medina and neighboring cities. This approach would allow regional sharing of equipment
and personnel resources under the governance of a board of representative elected officials,
the sharing of costs among solid financial partners (surrounding cities) and permit us to
safeguard the continued delivery of effective emergency services to the residents of Medina
and its neighbors in a time when recruiting , training and retaining volunteer firefighters has
become more challenging. Chief Jason Nelson and I worked with Mayor Martin and
Council Member DesLauriers (Public Safety Liaison) to put together a draft letter to the four
fire departments with proposed contract amendments consistent with a regional fire services
approach based on the discussion and direction at the September 15th Work Session. Staff is
requesting City Council review and direction with the draft letter.
See attached letter.
Possible Motion: Motion to direct staff to send the letter to the four fire departments as
amended by the City Council.
IX. CITY ADMINISTRATOR REPORT
A. COVID-19 Public Meeting Update – City Attorney Ron Batty has provided an updated
memo per prior City Council direction. Mr. Batty will provide an update to the City
Council.
See attached memo.
XI. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 005654E-005678E for $100,018.43
and order check numbers 050691-050767 for $334,597.67, payroll EFT 0510499-0510552 for
$106,573.78.
XII. CLOSED SESSION: Attorney-Client Privileged Discussion on Threatened
Litigation Matter Specifically with Minnesota Department of Labor and Industry
Pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(b)
XIII. CLOSED SESSION: City Administrator Annual Performance Review, Pursuant to
Minn. Stat. Sec. 13D.05, Subd. 3(a)
INFORMATION PACKET:
Planning Department Update
Police Department Update
Public Works Department Update
Claims List
Medina City Council Special Meeting Minutes 1
September 15, 2020
MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF
SEPTEMBER 15, 2020
The City Council of Medina, Minnesota met in work session on September 15, 2020 at
5:30 p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN.
I. Call to Order
Members present: Martin, Anderson, Albers, DesLauriers, Pederson
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, and Planning Director Dusty Finke
II. Draft Comprehensive Fire Service Study Discussion
Robert Finn from Matrix Consulting Group provided a presentation to the City Council
on the draft preliminary Comprehensive Fire Service Study for the City of Medina. Mr.
Finn discussed the need for a future fire station, pursuing a joint powers agreement with
surrounding cities for fire services (while maintaining fire service contracts and mutual
aid in the interim). Mr. Finn was directed to evaluate Hamel Fire Department’s
equipment to put together percentage ownership of equipment and what is needed in the
future. Mr. Finn did not recommend municipal ownership of the Hamel Fire Department.
He did recommend constructing a future fire station in the northern portion of Medina
and purchasing the remaining percentage ownership of equipment from the Hamel Fire
Department if needed. Finally, Mr. Finn recommended Medina move forward with a
joint powers agreement with neighboring cities for fire services.
Council shared concerns with building a new station during uncertain economic times,
encouraged moving forward with a joint powers agreement for fire services, directed
Matrix to provide a service delivery map, asked Matrix to look at overlapping equipment
within the fire departments, and provide a Loretto and Long Lake service mapping
scenario. Mr. Finn agreed to clean up the language “create a level playground” and
provide the additional information.
Mr. Finn encouraged Medina to request fair ownership rights for capital assets in
contracts, informed Council about the growing trend of using a quick response vehicle for
medical calls, agreed to put together a rolling stock page for the joint powers district
area, and explained that cost savings and efficiencies would be realized over time in a
joint powers district scenario. Normal attrition over time would allow for personnel
changes. He will add information to the study on these topic areas.
Council discussed growth areas and impacts on service delivery, emergency service
dynamics and how to set community response standards, impact of longer driveways on
fire services, and possible impacts on CAD data for 2020 (only half year of data).
Medina City Council Special Meeting Minutes 2
September 15, 2020
Mr. Finn reviewed the municipal fire option with Council. He did not recommend this
option because: 1) The station location requires contracting with other fire service
providers, 2) Would require more municipal employees for human resources and other
compliance, 3) The current station is not serviceable, 4) Purchasing the fire department
would do nothing to improve the current state of fire services in Medina and would cost
more long-term. Medina would also take on the future and ongoing costs of the Hamel
Fire Department retirement liability.
Mr. Finn recommended a joint powers agreement and/or a future fire services taxing
jurisdiction for Medina. This would allow regional sharing of resources/cost sharing, a
board of elected officials, solid financial partners (surrounding cities) and enhance
service delivery for the region. Council directed Mr. Finn to provide a table showing the
total costs of a joint powers agreement over a 3 to 5-year period. Council also discussed
metrics with Mr. Finn to help inform the public about the benefits of a joint powers
agreement and a general timeline for implementation. Council also discussed Hamel Fire
Department assets and thoughts were shared on if Medina needed to pursue those assets.
Council supported moving forward with discussions on a joint powers agreement for fire
services.
Staff will work with Robert Finn to complete the report and bring it back to the City
Council.
Adjourn
Anderson made a motion to adjourn the meeting at 7:00 p.m. Albers seconded the
motion.
Pederson Aye
Anderson Aye
DesLauriers Aye
Albers Aye
Martin Aye
_________________________
Kathleen Martin, Mayor
Attest:
____________________________
Jodi M. Gallup, City Clerk
Medina City Council Meeting Minutes 1
September 15, 2020
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 15, 2020 3
4
The City Council of Medina, Minnesota met in regular session on September 15, 2020 at 5
7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6
7
Martin read a statement explaining that all City Council and Board/Commission meetings 8
will continue to be held in a virtual format because of the continuing pandemic. She 9
provided instructions on how members of the public can participate in the meeting. 10
11
I. ROLL CALL 12
13
Members present: Albers, Anderson, DesLauriers, Martin, and Pederson. 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 (7:06 p.m.) 23
24
III. ADDITIONS TO THE AGENDA (7:07 p.m.) 25
The agenda was approved as presented. 26
27
IV. APPROVAL OF MINUTES (7:07 p.m.) 28
29
A. Approval of the September 1, 2020 Work Session City Council Meeting 30
Minutes 31
Moved by Martin, seconded by Anderson, to approve the September 1, 2020 Work 32
Session City Council meeting minutes as presented. 33
34
A roll call vote was performed: 35
36
Pederson aye 37
Anderson aye 38
DesLauriers aye 39
Albers aye 40
Martin aye 41
42
Motion passed unanimously. 43
44
B. Approval of the September 1, 2020 Regular City Council Meeting Minutes 45
Martin noted that prior to the meeting, Johnson distributed proposed corrections 46
submitted by herself for incorporation into the minutes. 47
48
Moved by Martin, seconded by Pederson, to approve the September 1, 2020 Regular 49
City Council meeting minutes as amended. 50
51
Medina City Council Meeting Minutes 2
September 15, 2020
A roll call vote was performed: 1
2
Pederson aye 3
Anderson aye 4
DesLauriers aye 5
Albers aye 6
Martin aye 7
8
Motion passed unanimously. 9
10
V. CONSENT AGENDA (7:09 p.m.) 11
12
A. Reschedule October 7, 2020 Council Meeting to October 6, 2020 at 7 p.m. 13
B. Resolution No. 2020-51 Granting Conditional Approval of the Ditterswind 14
Comprehensive Plan Amendment and Authorizing Submission to the 15
Metropolitan Council for Review 16
C. Ordinance No. 660 Amending the Official Zoning Map to Rezone Lots 1 and 17
4, Block 1, Ditterswind 18
D. Resolution No. 2020-52 Authorizing Publication of Ordinance Amending the 19
Official Zoning Map to Rezone Lots 1 and 4, Block 1, Ditterswind by Title 20
and Summary 21
E. Resolution 2020-53 Granting Preliminary Approval for the Ditterswind Plat 22
F. Resolution 2020-54 Granting Interim Use Permit to James and Pamela 23
Ditter and Thomas and Mimi Ditter at 2032, 2042, and 2052 Holy Name Drive 24
G. Resolution 2020-55 Granting Approval of Conditional Use Permit to Kayla 25
Brugger for Fitness Instruction Home Occupation at 1345 Elsinore Circle 26
H. Resolution 2020-56 Accepting Donation from Gary Petrucci 27
I. Resolution 2020-57 Accepting Donation from Addison and Cynthia Piper 28
J. Resolution 2020-58 Accepting Donation from David and Katherine Crosby 29
K. Resolution 2020-59 Accepting Donation from Eleanor Crosby 30
L. Resolution 2020-60 Accepting Donation from John and Patricia Anderson 31
M. Resolution 2020-61 Accepting Donation from Ralph and Peggy Burnet 32
N. Resolution Accepting Donation from Hamel Athletic Club 33
O. Approve Field Conversion and Installation Services Agreement with 34
Supreme Outdoor Services 35
P. Approve Fence Installation Services Agreement with D’Fence 36
Q. Resolution 2020-62 Approving Assignment of Fund Reserves 37
R. Resolution 2020-63 Authorizing Release of Chippewa Road 38
Extension/Weston Woods Environmental Assessment Worksheet (EAW) for 39
Distribution and Public Comment 40
S. Ordinance Amending the Official Zoning Map to Rezone Property being 41
Platted as Meadow View Commons 42
T. Resolution Authorizing Publication of Ordinance Amending the Official 43
Zoning Map to Rezone Property being Platted as Meadow View Commons 44
by Title and Summary 45
U. Resolution Granting Preliminary Approval of the Meadow View Commons 46
Plat 47
V. Approve the Wetland Replacement Plan for Meadow View Townhomes 48
Johnson stated that there were requests to remove Items N, O, and P along with Items 49
S, T, and U from the Consent Agenda for further discussion. 50
51
Medina City Council Meeting Minutes 3
September 15, 2020
Moved by Pederson, seconded by Albers, to approve the consent agenda as amended. 1
2
A roll call vote was performed: 3
4
Pederson aye 5
Anderson aye 6
DesLauriers aye 7
Albers aye 8
Martin aye 9
10
Motion passed unanimously. 11
12
N. Resolution Accepting Donation from Hamel Athletic Club 13
O. Approve Field Conversion and Installation Services Agreement with 14
Supreme Outdoor Services 15
P. Approve Fence Installation Services Agreement with D’Fence 16
Martin stated that there has been some dialogue prior to the meeting related to these 17
matters. 18
19
DesLauriers stated that he requested to pull these items as he was unaware of the 20
changes occurring at the park. He stated that it is great that Hamel Athletic Club will be 21
donating $30,000 for the improvements, but he did not have any background on the 22
proposed changes. 23
24
Ryan Wilson, Hamel Athletic Club (HAC), stated that they presented the information to 25
the Park Commission and would be happy to go over the highlights to share that plan. 26
He thanked the City staff and Council for their support this year, recognizing the 27
challenges with COVID. He reported that they had a successful season and no 28
transmitted cases. He stated that they are looking to adapt more fields to be usable with 29
the little league program. He stated that the conversation of Quad 1 will be the last 30
conversion. He stated that this would also create the ability to create additional t-ball 31
fields. He stated that additional grass area will also be added to Quad 3 that will allow 32
one higher age group of 13-year olds. 33
34
DesLauriers stated that he has additional questions and would be happy to review them 35
now or table this matter, and he could attend the next Park Commission meeting. 36
37
Martin stated that she was also caught off guard by the request and asked if this could 38
be sent back to the Park Commission and DesLauriers and HAC could attend the 39
meeting to have additional discussion. 40
41
Anderson agreed that it would be wise to send this back to the Park Commission. 42
43
Martin asked if the canceled September meeting could be rescheduled in order to 44
discuss this item. 45
46
Gallup noted that the Park Commission would have typically met the following night but 47
stated that she could poll the group to determine if another meeting could be scheduled. 48
49
Wilson stated that HAC did go to the Park Commission and felt that they had a good 50
discussion. He asked for clarity to determine the issues that exist. He noted that these 51
Medina City Council Meeting Minutes 4
September 15, 2020
improvements are planned to occur before winter and if the timing is delayed, that would 1
cause the improvements to be delayed an additional year which would have a 2
detrimental impact on the plans for the next year. 3
4
Moved by DesLauriers, seconded by Anderson, to table the Resolution Accepting 5
Donation from Hamel Athletic Club, the Field Conversion and Installation Services 6
Agreement with Supreme Outdoor Services, and Fence Installation Services Agreement 7
with D’Fence with direction for staff to continue to reconvene/engage discussions with 8
the Park Commission, City staff, HAC and members of the Council. 9
10
A roll call vote was performed: 11
12
Pederson aye 13
Anderson aye 14
DesLauriers aye 15
Albers aye 16
Martin aye 17
18
Motion passed unanimously. 19
20
Wilson asked how this situation could be avoided in the future, as HAC did go before the 21
Park Commission already with this request. 22
23
Martin suggested that in the future, this type of request be placed on the regular agenda 24
rather than the consent. 25
26
Johnson explained that in the past these types of requests have come before the 27
Council on the consent agenda and this process can be changed if the City Council 28
wishes. 29
30
Martin noted that because DesLauriers has a strong interest in sports in the community, 31
perhaps he be engaged informally as a liaison along with the Park Commission liaison, 32
Anderson. 33
34
S. Ordinance No. 661 Amending the Official Zoning Map to Rezone Property 35
being Platted as Meadow View Commons 36
T. Resolution No. 2020-64 Authorizing Publication of Ordinance Amending the 37
Official Zoning Map to Rezone Property being Platted as Meadow View 38
Commons by Title and Summary 39
U. Resolution 2020-65 Granting Preliminary Approval of the Meadow View 40
Commons Plat 41
Anderson stated he requested that these items be removed because of his ongoing and 42
previously stated concerns related to the lack of affordable housing in this project. He 43
stated that he had a thorough and informed discussion with Finke and realized that the 44
issue of affordable housing will not happen with respect to this development. He asked 45
that the items be considered for action. 46
47
Moved by Martin, seconded by Pederson, to approve the Ordinance Amending the 48
Official Zoning Map to Rezone Property being Platted as Meadow View Commons, 49
approve the Resolution Authorizing Publication of Ordinance Amending the Official 50
Zoning Map to Rezone Property being Platted as Meadow View Commons by Title and 51
Medina City Council Meeting Minutes 5
September 15, 2020
Summary, and approve the Resolution Granting Preliminary Approval of the Meadow 1
View Commons Plat. 2
3
A roll call vote was performed: 4
5
Pederson aye 6
Anderson aye 7
DesLauriers aye 8
Albers aye 9
Martin aye 10
11
Motion passed unanimously. 12
13
VI. COMMENTS (7:35 p.m.) 14
15
A. Comments from Citizens on Items not on the Agenda 16
There were none. 17
18
B. Park Commission 19
Scherer reported that the Park Commission meeting for September has been canceled. 20
He commented that the parks have been very busy. 21
22
Gallup stated that the Park Commission finalized the concept plan for Hunter Lions Park 23
and that has been posted on the City website and will be included in the City newsletter 24
in order to gather input from residents. She stated that the Park Commission will review 25
the public comments and estimated costs at its October meeting. 26
27
Martin thanked staff for their efforts along with the contributions of HAC. 28
29
C. Planning Commission 30
Finke reported that the Planning Commission met the previous week to consider 31
amendments to the ordinance related to septic systems and related permitting 32
requirements. He reviewed the proposed changes to the ordinance and advised that the 33
Commission recommended unanimous approval of those changes. 34
35
VII. NEW BUSINESS 36
37
A. Long Lake Fire Department Extrication Tool Replacement (7:39 p.m.) 38
James Van Eyll, Long Lake Fire Department Chief, presented a request to replace 39
outdated extrication equipment. He stated that they would prefer to replace the 17-year-40
old extrication tools. He noted that the updated tools would be similar to tools used by 41
other departments that service Medina. He noted that the Department was able to offset 42
some of its expenses using CARES Act funds and therefore could use available funds in 43
the budget to purchase the equipment. He stated that they will attempt to purchase the 44
demo tools, if available, as that would present a cost-savings. 45
46
Martin thanked the Fire Department for its service to Medina and the other communities 47
it serves. 48
49
DesLauriers stated that he believes this would be a great purchase. 50
51
Medina City Council Meeting Minutes 6
September 15, 2020
Van Eyll thanked Medina for the support it continues to provide to the Fire Department. 1
2
Moved by DesLauriers, seconded by Pederson, to replace the Long Lake Fire 3
Department’s older extrication tools on R-12 (heavy rescue) contingent on approval from 4
the City of Orono and City of Long Lake. 5
6
A roll call vote was performed: 7
8
Pederson aye 9
Anderson aye 10
DesLauriers aye 11
Albers aye 12
Martin aye 13
14
Motion passed unanimously. 15
16
Van Eyll reported that Orono approved the purchase at its Council meeting the previous 17
night. He noted that once they are certain of what the CARES Act funds could be used 18
for and the surplus that would remain in the budget, the department would move forward 19
with the purchase. 20
21
VIII. CITY ADMINISTRATOR REPORT (7:45 p.m.) 22
Johnson had nothing further to report. 23
24
IX. MAYOR & CITY COUNCIL REPORTS (7:45 p.m.) 25
Gallup reminded the public and the Council that Three Rivers Park District will hold an 26
open house meeting at Hamel Legion Park on Tuesday, September 22nd for the 27
Diamond Lake Regional Trail. 28
29
X. APPROVAL TO PAY THE BILLS (7:46 p.m.) 30
Moved by Martin, seconded by DesLauriers, to approve the bills, EFT 005642E-31
005653E for $48,718.02, order check numbers 050655-050690 for $86,605.61, and 32
payroll EFT 0510467-0510498 for $51,875.76. 33
34
A roll call vote was performed: 35
36
Pederson aye 37
Anderson aye 38
DesLauriers aye 39
Albers aye 40
Martin aye 41
42
Motion passed unanimously. 43
44
XI. CLOSED SESSION: ATTORNEY-CLIENT PRIVILEGED DISCUSSION ON 45
THREATENED LITIGATION MATTER SPECIFICALLY WITH MINNESOTA 46
DEPARTMENT OF LABOR AND INDUSTRY PURSUANT TO MINN. STAT. 47
SEC. 13D.05.SUBD.3(B) 48
Moved by Anderson, seconded by DesLauriers, to adjourn the meeting to closed session 49
at 7:51 p.m. for an attorney-client privileged discussion on threatened litigation matter 50
Medina City Council Meeting Minutes 7
September 15, 2020
specifically with Minnesota Department of Labor and Industry pursuant to Minn. Stat. 1
Sec. 13D.05.Subd.3(b). 2
3
A roll call vote was performed: 4
5
Pederson abstain/lost connection 6
Anderson aye 7
DesLauriers aye 8
Albers aye 9
Martin aye 10
11
Motion passed unanimously. 12
13
The meeting returned to open session at 8:17 p.m. 14
15
XII. ADJOURN 16
Moved by Anderson, seconded by Pederson, to adjourn the meeting at 8:18 p.m. 17
18
A roll call vote was performed: 19
20
Pederson aye 21
Anderson aye 22
DesLauriers aye 23
Albers aye 24
Martin aye 25
26
Motion passed unanimously. 27
28
29
30
__________________________________ 31
Kathleen Martin, Mayor 32
Attest: 33
34
____________________________________ 35
Jodi M. Gallup, City Clerk 36
1
TO: Medina City Council
FROM: Jodi Gallup, Assistant City Administrator
DATE: October 6, 2020
RE: Change Council Meeting Date to Canvass Election Results
Following each municipal election, the City Council must hold a special meeting to
canvass the local election results. This meeting only takes a few minutes as the City
Council is just making a motion to approve the resolution canvassing the local election
results. State law requires that we canvass the results between the 7-10th day following
the election. We had originally scheduled this to happen on the 7th day (November 10th at
6 p.m.), but we have been informed by Hennepin County that we cannot canvass our
results until the 10th day – Friday, November 13th and no earlier than noon. This is
because a new law was passed this year allowing an additional 7 days after election day
that absentee ballots can be received and counted (as long as the ballot was post-marked
by election day). Hennepin County will still be receiving and counting absentee ballots
through November 10th and then they will need time to prepare abstracts and compile the
voter statistics to provide to the cities.
Staff is proposing we reschedule the special meeting of the Medina City Council to
canvass the election results on Friday, November 13th at 1:00 p.m. This meeting will be
held virtually.
MEMORANDUM
Agenda Item # 5A
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12 13 14 15 16 17 18 11 12 13 14 15 16 17 CITY COUNCIL - 7:00 pm
19 20 21 22 23 24 25 18 19 20 21 22 23 24 1st Tuesdays*
26 27 28 29 30 1 22526 27 28 29 30 31
WORK SESSION - 6:00 pm
CITY COUNCIL - 7:00 pm
S M T W T F S S M T W T F S 3rd Tuesdays*
3 4567891234567
10 11 12 13 14 15 16 8 91011121314 PLANNING COMMISSION - 7:00 pm
17 18 19 20 21 22 23 15 16 17 18 19 20 21 2nd Tuesdays*
24 25 26 27 28 29 30 22 23 24 25 26 27 28
31 29 30 PARK COMMISSION - 7:00 pm
3rd Wednesdays*
S M T W T F S S M T W T F S HOLIDAYS
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7 8 9 10 11 12 13 6 7 8 9 10 11 12 ELECTION DAYS
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21 22 23 24 25 26 27 20 21 22 23 24 25 26 CITY EVENTS
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*unless otherwise noted
January 7th: 5 PM City Council Goal Setting Session
February 25th: Precinct Caucuses
March 3rd: Presidential Primary (Council moved to Wednesday)
April 8th: 6:30 PM Board of Appeal and Equalization Meeting
April 21st: 6 PM - Continuation of Board of Appeal Meeting
July 18th: 8 AM to Noon Clean-up Day
August 4th: Council meeting moved back to Tuesday (Night to Unite moved to October)
August 11th: Primary Election Day (Planning moved to Wednesday)
September 1st: 6 PM Budget Open House
September 19th: Medina Celebration Day - Cancelled
October 6th: Night to Unite Cancelled (Move Council meeting from Oct 7th back to Oct 6th)
November 3rd: General Election Day (Council moved to Wednesday)
November 13th: 1 PM City Council Special Meeting: Canvass Election Results
December 24th: Employees will use personal leave accrual to close City Hall
JUNE
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MARCH
APRIL
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AUGUST
SEPTEMBER
OCTOBER
2020
MEETING
CALENDAR
MEMORANDUM
TO: Medina City Council
FROM: Jason Nelson through Scott Johnson, City Administrator
DATE OF REPORT: September 30, 2020
DATE OF MEETING: October 6, 2020
SUBJECT: Community Service Officer Hiring
General Background
At the August 4, 2020 regular meeting, the City Council authorized the hiring for a part-
time Community Service Officer to fill the vacancy when then Community Service
Officer Kaylen Boeddeker was promoted to police officer. The City Council gave the
authorization to advertise for hiring.
In early September 2020 we interviewed several candidates and second interviews were
conducted with the top four candidates. The top candidate, Jackson Carroll-Billman was
given a background packet. Sergeant Boecker has conducted a pre-employment
background on Carroll-Billman and found him to be a suitable candidate for the
Community Service Officer position.
Appointee Background
Jackson Carroll-Billman is currently enrolled at Metro State University with a goal of
obtaining a four-year degree in Law Enforcement. Prior to being enrolled at Metro State
University he attended Century College where he completed his generals. Carroll-
Billman is currently working as a Community Service Officer with the Brooklyn Center
Police Department on the weekends.
Recommendation
We recommend City Council approve the hiring of Jackson Carroll-Billman to the
position of part-time Community Service Officer, effective October 6, 2020, with a
beginning hourly wage (non-exempt) of $18/hour and other benefits to be at the same rate
as other non-union employees, in accordance with the City Personnel Policies. A
probationary period is recommended for the position of 12 months, starting from the date
of hire.
Agenda Item # 5B
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: October 6, 2020
MEETING DATE: October 6, 2020
SUBJECT: 2021/2022 Snow Removal Services for Hamel Community Building
The City has engaged Hunzy’s LLC for continued snow removal service at the Hamel
Community Building for the period of 2021 through 2022. The agreement would again include a
1-3-inch snowfall basic rate, as well as a percentage rate per-inch for any snowfall over 3 inches.
The proposed increase for these continued services is as follows:
HUNZY’S LLC 1-3” SNOWFALL BASIC RATE
2018/2020 RATE $85.00
2021/2022 RATE $90.00
Because Hunzy’s LLC has continued to do a great job with snow removal at the Hamel
Community Building, it is my recommendation to enter into a contract with them once again.
Agenda Item # 5C
1
SNOW REMOVAL SERVICES AGREEMENT
This Agreement is made this ___th day of October, 2020, by and between Hunzy’s LLC, 23315
Larsen Road, Hamel, MN 55340, a Minnesota corporation (the “Contractor”) and the City of
Medina, a Minnesota municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for snow removal services; and
2. The City has approved the contract for snow removal 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 snow removal services for the City.
“Snow removal services” will consist of walk clearing and snow plowing services of parking lot at
the Hamel Community Building, 3200 Mill Drive, as well as north entrance sidewalks, as identified
in Exhibit A. Snowplowing and walk clearing services at Community Building shall occur when
accumulation exceeds 1” (inch) as measured at site. Due to ongoing activities, the Community
Building parking lot must be cleared by 8:00 a.m.
2.0. TERM. The term of this contract will be from April 16, 2021 to April 15, 2022.
3.0 COMPENSATION. The City shall compensate the Contractor in the basic rate amount of
$85 per snowfall in excess of 1” but less than 3”. The City shall compensate the Contractor in the
amount of an additional 12% of the basic rate amount, for each snowfall inch that exceeds 3”.
Snowfall amounts shall be determined by the Contractor and verified by the City during review of
the submitted invoices. Snow removal services will be provided by the Contractor at the Hamel
Community Building, 3200 Mill Drive and Hamel Legion Park on Exhibit A attached hereto.
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.
2
4.02 The Contractor will supply and use its own equipment and tools to complete
the services under this Agreement.
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the
City from claims and liability for injury or damage to persons or property for all work performed by
the Contractor and its respective employees or agents under this Agreement. The Contractor shall
name the City as an additional insured under its commercial general liability policy in limits
acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall
provide evidence to the City that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement
will, in all respects, be controlled and governed by the laws of Minnesota.
9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City.
10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason.
3
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
HUNZY’S LLC
By____________________________
Owner
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: October 6, 2020
MEETING DATE: October 6, 2020
SUBJECT: 2021/2022 Tree Trimming Service Agreement
BACKGROUND
The City invited three contractors to submit tree trimming service proposals for the 2020 through
2022 contract period. The only response we received was from Ray’s Tree Service, and they
have agreed to honor the same terms as was finalized in the 2017 contract period.
The agreement will require a two-person crew and include a bucket truck necessary to perform
tree trimming services. The agreement will include an additional $35.00/hour charge for any
other equipment, as well as a $3.00/inch charge for stump grinding.
RECOMMENDATION
The City hired Ray’s Tree Service for services this summer. Their crews are experienced, they
do good work, and their prices are fair. Thus, it is my recommendation to enter into a contract
with them for the 2020 through 2022 period.
Agenda Item # 5D
1
TREE TRIMMING SERVICES AGREEMENT
This Agreement is made this __ day of October, 2020, by and between Ray’s Tree Service,
5065 County Road 11, Loretto, MN 55357, a Minnesota corporation (the “Contractor”) and the City
of Medina, a Minnesota municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for tree trimming services; and
2. The City has approved the contract for tree trimming services with the Contractor; and
3. The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform tree trimming services for the City.
“Tree Trimming Services” will consist of a one or two-man crew and all equipment required for
trimming trees throughout the City, with areas specified by the Public Works Director.
2.0. TERM. The term and prices of this contract shall remain in effect from October 2020 until
November __, 2022, or until such later date as may be mutually agreed upon.
3.0. COMPENSATION. The City shall compensate the Contractor at a rate of $115.00/hour per
person and $230.00/hour for a two-man crew, which includes the bucket truck needed to perform
tree trimming services. There is an additional $35.00/hour charge for any other equipment, as well
as a $3.00/inch charge for stump grinding. The City is exempt from sales tax.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or
subcontractor who may perform services for the Contractor in connection with this
Agreement is also not an employee of the City. The Contractor understands that the City
will not provide any benefits of any type in connection with this Agreement, including but
not limited to health or medical insurance, worker’s compensation insurance and
unemployment insurance, nor will the City withhold any state or federal taxes, including
income or payroll taxes, which may be payable by the Contractor.
4.02 The Contractor will supply and use its own equipment and tools to complete
the services under this Agreement. If it is determined by the Public Works Director that
additional traffic control is needed, it will be provided by the City.
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
2
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the
City from claims and liability for injury or damage to persons or property for all work performed by
the Contractor and its respective employees or agents under this Agreement. The Contractor shall
name the City as an additional insured under its commercial general liability policy in limits
acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall
provide evidence to the City that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a
Payment and Performance Bond to the City at no additional cost to the City.
9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement
will, in all respects, be controlled and governed by the laws of Minnesota.
10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City.
11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason.
If the contract is terminated early, the City will pay a prorated fee for the services performed to date
in that calendar year.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
3
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By ______________________________
Scott T. Johnson, City Administrator
RAY’S TREE SERVICE
(CONTRACTOR)
By ______________________________
Resolution No. 2020-
October 6, 2020
Member _______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2020-
APPOINTING ELECTION JUDGES
FOR THE NOVEMBER 3, 2020 GENERAL ELECTION
WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election
judges be appointed by the Council at least 25 days before the election; and
WHEREAS, the individuals named on Exhibit A, and on file in the office of the City Clerk
have submitted an application to be election judges for the November 3, 2020 General Election;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina
that the individuals named on Exhibit A be approved as election judges for the November 3,
2020 General Election.
BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make
any substitutions or additions as deemed necessary.
BE IT FURTHER RESOLVED that those election judges who attend trainings
and/or serve on Election Day be paid a wage of $13.00 per hour with no benefits.
Dated: October 6, 2020.
_______________________________
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
Resolution No. 2020-
October 6, 2020
2
Exhibit A
ELECTION JUDGES
FOR THE NOVEMBER 3, 2020 GENERAL ELECTION
Jodi Gallup, Election Coordinator
Erin Barnhart, Asst. Election Coordinator
Nicole Jacobson, Election Staff
Jennifer Altendorf, Election Staff
Nichole Vogel, Election Assistant/Head Election Judge
Kim Wilson, Election Assistant
Beth Nielsen, Head Election Judge
John Anderson
Trish Anderson
Angela Bernhardt
Judy Bohn
Shelly Boyum-Breen
Trenda Boyum-Breen
Kathryn Carlson
Simran Chugani
Debra Connelly
Linda Crawford
Angie Dahlof
Paul DeJute
Valerie Donahue
Cynthia Dyste
Karen Evans
Beverly Fry
Peggy Garberick
Gary Gravier
David Klaiman
Elizabeth Koehler
Carolyn Leach-Gravier
Steve Lee
Diane Leonard
Farhia Mahamed
Anne Morehouse
Deanna Nicoll
Nila Norman
Betty Olson
Sharon Ressler
Terry Richmond
Katie Schmidt
Marie Schutte
Ann Thies
Laurie Twiehaus
TO: City Administrator Scott Johnson and City Council
FROM: Director Jason Nelson
DATE: October 2, 2020
RE: Thomas VanBeusekom Donation
On September 10, 2020, the police department received a donation from Thomas
VanBeusekom for $600.00 thanking us for our service.
I would ask the Medina City Council to accept the donation for our training fund and direct
staff to respond with a thank you letter to Thomas VanBeusekom.
MEMORANDUM
Agenda Item # 5F
Resolution No. 2020-
October 6, 2020
Member ______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2020-
RESOLUTION ACCEPTING DONATION FROM THOMAS VANBEUSEKOM
WHEREAS, Thomas VanBeusekom has generously offered to donate $600.00 (the
“Donation”) to the city of Medina (the “City”); and
WHEREAS, the Donation will be dedicated to the General Fund to support police
department training; and
WHEREAS, the City wishes to accept the Donation and express its gratitude to Thomas
VanBeusekom for his generosity.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that the City accepts the Donation and thanks Thomas VanBeusekom.
Dated: October 6, 2020.
____________________________________
Kathleen Martin, Mayor
ATTEST:
___________________________________
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member ________
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2020-
October 6, 2020
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2020-
RESOLUTION APPROVING RESIDENTIAL RECYCLING GRANT AGREEMENT
WITH HENNEPIN COUNTY
WHEREAS, pursuant to Minnesota Statute 115A.552, counties shall ensure that
residents have an opportunity to recycle; and
WHEREAS, Hennepin County Ordinance 13 requires that each City implement and
maintain a recycling program to enable the County to meet its recycling goals; and
WHEREAS, the City of Medina offers a coordinated recycling program for their
residents,
WHEREAS, the City of Medina wished to receive funds available through Hennepin
County for recycling activities.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Medina to
approve the residential recycling grant agreement between Hennepin County and the City of
Medina.
BE IT FURTHER RESOLVED, that the City Council of the City of Medina authorizes the
Mayor and City Administrator to execute such residential recycling grant agreement with
Hennepin County.
Dated: October 6, 2020.
Kathleen Martin, Mayor
ATTEST:
Jodi M. Gallup, City Clerk
Agenda Item # 5G
Resolution No. 2020- 2
October 6, 2020
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.
AMENDMENT NO. 1 TO AGREEMENT A166409
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA,
A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the
Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis,
Minnesota 55415-1600 (“DEPARTMENT”) and the CITY OF MEDINA, 2052 County Road 24,
Hamel, Minnesota 55340 (“CITY”).
WHEREAS, the COUNTY and the CITY entered into a four-year Residential Recycling
Grant Agreement, Contract No. A166409 (“Agreement”), for a residential recycling grant
commencing on January 1, 2017; and
WHEREAS, the County Board, by Resolution No. 20-0197 adopted on June 2, 2020,
amended the Hennepin County Residential Recycling Funding Policy to extend the contract
period to December 31, 2021, allocate 2021 funds using the same methodology as 2020, allow
organics recycling funds to be used for organics drop-off sites, and authorized grant funding for
municipal recycling programs consistent with said policy; and
WHEREAS, the parties desire to amend the Agreement to extend the term and
incorporate other changes;
NOW, THEREFORE, the parties agree that Agreement A166409 is amended as follows:
1. Section 1, TERM AND COST OF THE AGREEMENT, shall be amended to read as
follows:
This Agreement shall commence upon execution and terminate on
December 31, 2021, unless cancelled or terminated earlier in
accordance with the provisions herein.
2. Section 2, SERVICES TO BE PROVIDED, shall be amended to read as follows:
The CITY shall operate its recycling program in accordance with the requirements
described in the County’s amended Residential Recycling Funding Policy (“Policy”),
attached as Attachment A and incorporated by this reference, and fulfill the
responsibilities of the Policy.
3. Section 3, ALLOCATION OF FUNDS, shall be amended to read as follows:
The COUNTY will distribute SCORE funds as described in the Policy. The CITY
shall follow the requirements for use of funds described in the Policy.
Except as amended, the terms, conditions and provisions of this Agreement shall remain in full
force and effect.
Contract No: A166409
RESIDENTIAL RECYCLING GRANT AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300
Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin
County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis,
Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF MEDINA, 2052 County Road 24,
Hamel, Minnesota 55340 ("CITY").
The parties agree as follows:
1. TERM AND COST OF THE AGREEMENT
This Agreement shall commence upon execution and expire on December 31,
2020, unless cancelled or terminated earlier in accordance with the provisions herein.
Annual grant payments shall be calculated as set forth in Section 3.
2. SERVICES TO BE PROVIDED
The CITY shall apply for annual grant funds and operate its Recycling Program as more
fully described in Attachment A, the Residential Recycling Funding Policy.
3. ALLOCATION OF FUNDS
The COUNTY will distribute to Hennepin County municipalities 100% of SCORE funds
that the COUNTY receives from the state. SCORE funds will be dedicated to two
different purposes: 1) curbside recycling and 2) curbside organics recycling. SCORE
funds are based on revenue received by the State of Minnesota from the solid waste
management (SWM) tax on garbage services. SCORE funds are subject to change based
on the SWM tax revenue received by the state and funds allocated by the legislature.
Funds distributed to municipalities for the current calendar year will be based on SCORE
funds received by the COUNTY in the state's corresponding fiscal year.
Recycling
The following formula will be utilized to determine a CITY'S recycling SCORE grant
each year.
Percent of SCORE funds allocated to curbside recycling:
2017 80%
2018 70%
2019 60%
2020 50%
1
CITY recycling grant calculation:
Number of households with
curbside recycling in city
Total number of households
with curbside recycling in
county
Total SCORE Recycling grant
x funds available = amount available
for recycling to the city
Eligible residential households are defined as single family through eight-plex residential
buildings or other residential buildings where each housing unit sets out its own recycling
container for curbside collection. The number of eligible households will be determined
by counting the number of eligible households on January 1 of each funding year. The
CITY will report the number in its application for funding.
The COUNTY will make two equal payments to the CITY. One payment will be made
after the COUNTY receives the application, which consists of the web -based report and
the planning document. A second payment will be made after basic program
requirements, education and outreach requirements, and recycling performance have been
confirmed and approved. If the CITY meets the COUNTY requirements, both payments
will be made during the same calendar year. Funding will be withheld until the CITY
meets the requirements of the Residential Recycling Funding Policy.
Organics
The following formula will be utilized to determine a CITY'S organics recycling SCORE
grant each year.
Percent of SCORE funds allocated to curbside organics recycling:
2017 20%
2018 30%
2019 40%
2020 50%
CITY organics recycling grant calculation:
Number of households with
curbside organics in city
Total number of households
with curbside organics in
county
Total SCORE Organics grant
x funds available = amount available
for organics to the city
2
If the formula above results in the CITY receiving a grant where the dollar amount per
participating household is greater than $25 per year, then a cap will apply. The funding
cap per participating household is $25 per year. The most the COUNTY will grant a
CITY is $25 per participating household per year. If funds are left over because of the
cap, those funds will carry over into the following year's SCORE funds.
Eligible residential households are defined as single family through eight-plex residential
buildings or other residential buildings where the household is signed up for organics
service and the household sets out its own container with organics for curbside collection.
The number of eligible households will be determined by counting the number of eligible
households on September 1 of each funding year. The CITY will report the number in the
application for funding.
The COUNTY will make one organics grant payment to the CITY each year. The
payment will be made after the COUNTY receives the application and confirms that the
CITY meets the requirements of the Residential Recycling Funding Policy.
4. PROFESSIONAL CREDENTIALS
INTENTIONALLY OMITTED
INDEPENDENT CITY
CITY shall select the means, method, and manner of performing the services. Nothing is
intended nor should be construed as creating or establishing the relationship of a
partnership or a joint venture between the parties or as constituting CITY as the agent,
representative, or employee of COUNTY for any purpose. CITY is and shall remain an
independent contractor for all services performed under this Agreement. CITY shall
secure at its own expense all personnel required in performing services under this
Agreement. CITY' s personnel and/or subcontractors engaged to perform any work or
services required by this Agreement will have no contractual relationship with COUNTY
and will not be considered employees of COUNTY. COUNTY shall not be responsible
for any claims that arise out of employment or alleged employment under the Minnesota
Unemployment Insurance Law or Minnesota Statutes, chapter 176 (which may be
referred to as the "Workers' Compensation Act"), on behalf of any personnel, including,
without limitation, claims of discrimination against CITY, its officers, agents,
contractors, or employees. Such personnel or other persons shall neither accrue nor be
entitled to any compensation, rights, or benefits of any kind from COUNTY, including,
without limitation, tenure rights, medical and hospital care, sick and vacation leave,
workers' compensation, unemployment compensation, disability, severance pay, and
retirement benefits.
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6. INDEMNIFICATION
CITY shall defend, indemnify, and hold harmless COUNTY, its present and former
officials, officers, agents, volunteers and employees from any liability, claims, causes of
action, judgments, damages, losses, costs, or expenses, including reasonable attorney's
fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor,
anyone directly or indirectly employed by them, and/or anyone for whose acts and/or
omissions they may be liable in the performance of the services required by this
Agreement, and against all loss by reason of the failure of CITY to perform any
obligation under this Agreement. For clarification and not limitation, this obligation to
defend, indemnify and hold harmless includes but is not limited to any liability, claims or
actions resulting directly or indirectly from alleged infringement of any copyright or any
property right of another, the employment or alleged employment of CITY personnel, the
unlawful disclosure and/or use of protected data, or other noncompliance with the
requirements of the provisions set forth herein.
7. INSURANCE
A. With respect to the services provided pursuant to this Agreement, CITY shall at
all times during the term of this Agreement and beyond such term when so
required have and keep in force the following minimum insurance coverages or
CITY's actual insurance limits for primary coverage and excess liability or
umbrella policy limits, whichever is greater:
Limits
1. Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate $2,000,000
Products —Completed Operations Aggregate 2,000,000
Personal and Advertising Injury 1,500,000
Each Occurrence —Combined Bodily
Injury and Property Damage 1,500,000
Workers' Compensation and Employer's Liability:
Workers' Compensation Statutory
Employer's Liability. Bodily injury by:
Accident —Each Accident 500,000
Disease —Policy Limit 500,000
Disease -Each Employee 500,000
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Professional Liability —Per Claim
Aggregate
The professional liability insurance must be
maintained continuously for a period of two years
after the expiration, cancellation or termination of
this Agreement.
1,500,000
2,000,000
B. An umbrella or excess policy is an acceptable method to provide the required
commercial general insurance coverage.
The above establishes minimum insurance requirements. It is the sole
responsibility of CITY to determine the need for and to procure additional
insurance which may be needed in connection with this Agreement. Upon written
request, CITY shall promptly submit copies of insurance policies to COUNTY.
CITY shall not commence work until it has obtained required insurance and filed
with COUNTY a properly executed Certificate of Insurance establishing
compliance. The certificate(s) must name Hennepin County as the certificate
holder, and as an additional insured for the commercial general liability coverage
required herein. A self -insured retention (SIR) applicable to the commercial
liability coverage is not acceptable, unless expressly agreed to in writing by
COUNTY. If the certificate form contains a certificate holder notification
provision, the certificate shall state that the insurer will endeavor to mail to
COUNTY thirty (30) day prior written notice in the event of
cancellation/termination of any described policies. If CITY receives notice of
cancellation/termination from an insurer, CITY shall fax or email a copy of the
notice to COUNTY within two business days.
CITY shall furnish to COUNTY updated certificates during the term of this
Agreement as insurance policies expire. If CITY fails to furnish proof of
insurance coverages, COUNTY may withhold payments and/or pursue any other
right or remedy allowed under contract, law, equity, and/or statute.
CITY waives all rights against COUNTY, its officials, officers, agents,
volunteers, and employees for recovery of damages to the extent that damages are
covered by insurance of CITY.
8. DUTY TO NOTIFY
CITY shall promptly notify COUNTY of any claim, action, cause of action or litigation
brought against CITY, its employees, officers, agents or
subcontractors, which arises out of the services described in this Agreement.
CITY shall also notify COUNTY whenever CITY has a reasonable basis for believing
that CITY and/or its employees, officers, agents or subcontractors, and/or COUNTY,
might become the subject of a claim, action, cause of action, administrative action,
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criminal arrest, criminal charge or litigation arising out of and/or related to the services
described in this Agreement.
9. DATA
CITY, its officers, agents, owners, partners, employees, volunteers and subCITYs shall,
to the extent applicable, abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state
and federal laws, rules, regulations and orders relating to data privacy or confidentiality,
which may include the Health Insurance Portability and Accountability Act of 1996
(HIPAA). For clarification and not limitation, COUNTY hereby notifies CITY that the
requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement.
CITY shall promptly notify COUNTY if CITY becomes aware of any potential claims, or
facts giving rise to such claims, under the MGDPA or other data or privacy laws.
Classification of data as trade secret data will be determined pursuant to applicable law
and, accordingly, merely labeling data as "trade secret" does not necessarily make the
data protected as such under any applicable law.
10. RECORDS — AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the
State Auditor, or any of their authorized representatives, at any time during normal
business hours, and as often as they may reasonably deem necessary, shall have access to
and the right to examine, audit, excerpt, and transcribe any books, documents, papers,
records, etc., which are pertinent to the accounting practices and procedures of CITY and
involve transactions relating to this Agreement. CITY shall maintain these materials and
allow access during the period of this Agreement and for six (6) years after its expiration,
cancellation or termination.
11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CITY binds itself, its partners, successors, assigns and legal representatives to
COUNTY for all covenants, agreements and obligations herein.
B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be
performed, whether in whole or in part, nor assign any monies due or to become
due to it without the prior written consent of COUNTY. A consent to assign shall
be subject to such conditions and provisions as COUNTY may deem necessary,
accomplished by execution of a form prepared by COUNTY and signed by CITY,
the assignee and COUNTY. Permission to assign, however, shall under no
circumstances relieve CITY of its liabilities and obligations under the Agreement.
C. CITY shall not subcontract this Agreement and/or the services to be performed,
whether in whole or in part, without the prior written consent of COUNTY.
Permission to subcontract, however, shall under no circumstances relieve CITY of
its liabilities and obligations under the Agreement. Further, CITY shall be fully
responsible for the acts, omissions, and failure of its subcontractors in the
performance of the specified contractual services, and of person(s) directly or
indirectly employed by subcontractors. Contracts between CITY and each
subcontractor shall require that the subcontractor's services be performed in
accordance with this Agreement. CITY shall make contracts between CITY and
subcontractors available upon request. For clarification and not limitation of
Section 15E, none of the following constitutes assent by COUNTY to a contract
between CITY and a subcontractor, or a waiver or release by COUNTY of
CITY's full compliance with the requirements of this Section: (1) COUNTY's
request or lack of request for contracts between CITY and subcontractors; (2)
COUNTY's review, extent of review or lack of review of any such contracts; or
(3) COUNTY's statements or actions or omissions regarding such contracts.
D. As required by Minnesota Statutes section 471.425, subd. 4a, CONTRACTOR
shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of
payment from COUNTY for undisputed services provided by the subcontractor,
and CONTRACTOR shall comply with all other provisions of that statute.
12. MERGER, MODIFICATION AND SEVERABILITY
A. The entire Agreement between the parties is contained herein and supersedes all
oral agreements and negotiations between the parties relating to the subject
matter. All items that are referenced or that are attached are incorporated and
made a part of this Agreement. If there is any conflict between the terms of this
Agreement and referenced or attached items, the terms of this Agreement shall
prevail.
B. Any alterations, variations or modifications of the provisions of this Agreement
shall only be valid when they have been reduced to writing as an amendment to
this Agreement signed by the parties. Except as expressly provided, the
substantive legal terms contained in this Agreement including but not limited to
Indemnification, Insurance, Merger, Modification and Severability, Default and
Cancellation/Termination or Minnesota Law Governs may not be altered, varied,
modified or waived by any change order, implementation plan, scope of work,
development specification or other development process or document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
13. DEFAULT AND CANCELLATION/TERMINATION
A. If CITY fails to perform any of the provisions of this Agreement, fails to
administer the work so as to endanger the performance of the Agreement or
otherwise breaches or fails to comply with any of the terms of this Agreement, it
shall be in default. Unless CITY's default is excused in writing by COUNTY,
COUNTY may upon written notice immediately cancel or terminate this
Agreement in its entirety. Additionally, failure to comply with the terms of this
Agreement shall be just cause for COUNTY to delay payment until CITY' s
compliance. In the event of a decision to withhold payment, COUNTY shall
furnish prior written notice to CITY.
B. For purposes of this subsection, "Data" means any data or information, and any
copies thereof, created by CITY or acquired by CONTACTOR from or through
COUNTY pursuant to this Agreement, including but not limited to handwriting,
typewriting, printing, photocopying, photographing, facsimile transmitting, and
every other means of recording any form of communication or representation,
including electronic media, email, letters, works, pictures, drawings, sounds,
videos, or symbols, or combinations thereof.
Upon expiration, cancellation or termination of this Agreement:
1. At the discretion of COUNTY and as specified in writing by the
Contract Administrator, CITY shall deliver to the Contract Administrator
all Data so specified by COUNTY.
2. COUNTY shall have full ownership and control of all such Data.
If COUNTY permits CITY to retain copies of the Data, CITY shall not,
without the prior written consent of COUNTY or unless required by law,
use any of the Data for any purpose or in any manner whatsoever; shall
not assign, license, loan, sell, copyright, patent and/or transfer any or all of
such Data; and shall not do anything which in the opinion of COUNTY
would affect COUNTY' s ownership and/or control of such Data.
3. Except to the extent required by law or as agreed to by COUNTY,
CITY shall not retain any Data that are confidential, protected, privileged,
not public, nonpublic, or private, as those classifications are determined
pursuant to applicable law.
C. Notwithstanding any provision of this Agreement to the contrary, CITY shall
remain liable to COUNTY for damages sustained by COUNTY by virtue of any
breach of this Agreement by CITY. Upon notice to CITY of the claimed breach
and the amount of the claimed damage, COUNTY may withhold any payments to
CITY for the purpose of set-off until such time as the exact amount of damages
due COUNTY from CITY is determined. Following notice from COUNTY of
the claimed breach and damage, CITY and COUNTY shall attempt to resolve the
dispute in good faith.
D. The above remedies shall be in addition to any other right or remedy available to
COUNTY under this Agreement, law, statute, rule, and/or equity.
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E. COUNTY's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
F. This Agreement may be canceled/terminated with or without cause by either party
upon thirty (30) day written notice.
G. If this Agreement expires or is cancelled or terminated, with or without cause, by
either party, at any time, CITY shall not be entitled to any payment, fees or other
monies except for payments duly invoiced for then -delivered and accepted
deliverables/milestones pursuant to this Agreement. In the event CITY has
performed work toward a deliverable that COUNTY has not accepted at the time
of expiration, cancellation or termination, CITY shall not be entitled to any
payment for said work including but not limited to incurred costs of performance,
termination expenses, profit on the work performed, other costs founded on
termination for convenience theories or any other payments, fees, costs or
expenses not expressly set forth in this Agreement.
H. Upon written notice, COUNTY may immediately suspend or cancel/terminate this
Agreement in the event any of the following occur: (i) COUNTY does not obtain
anticipated funding from an outside source for this project; (ii) funding for this
project from an outside source is withdrawn, frozen, shut down, is otherwise
made unavailable or COUNTY loses the outside funding for any other reason; or
(iii) COUNTY determines, in its sole discretion, that funding is, or has become,
insufficient. COUNTY is not obligated to pay for any services that are provided
or costs or expenses or obligations incurred or encumbered after the notice and
effective date of the suspension or cancellation/termination. In the event
COUNTY suspends, cancels or terminates this Agreement pursuant to this
paragraph, COUNTY shall pay any amount due and payable prior to the notice of
suspension or cancellation/termination except that COUNTY shall not be
obligated to pay any amount as or for penalties, early termination fees, charges,
time and materials for services not then performed, costs, expenses or profits on
work done.
CITY has an affirmative obligation, upon written notice by COUNTY that this
Agreement may be suspended or cancelled/terminated, to follow reasonable
directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary
obligation to COUNTY, before incurring or making further costs, expenses,
obligations or encumbrances arising out of or related to this Agreement.
14. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement do survive such term, cancellation or termination. Such
provisions include but are not limited to: SERVICES TO BE PROVIDED (as to
ownership of property); INDEPENDENT CITY; INDEMNIFICATION; INSURANCE;
DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW
GOVERNS.
15. CONTRACT ADMINISTRATION
In order to coordinate the services of CITY with the activities of the Environment and
Energy Department so as to accomplish the purposes of this Agreement, Ben Knudson,
Waste Reduction and Recycling Specialist, or his successor, shall manage this Agreement
on behalf of COUNTY and serve as liaison between COUNTY and CITY.
16. COMPLIANCE AND NON -DEBARMENT CERTIFICATION
A. CITY shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances currently in force or later enacted.
B. CITY shall comply with all applicable conditions of the COUNTY grant.
17. PAPER RECYCLING
COUNTY encourages CITY to develop and implement an office paper and newsprint
recycling program.
18. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given
or made by a party under this Agreement or any statute or ordinance shall be in writing,
and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the
County Administrator with a copy to the originating COUNTY department at the address
given in the opening paragraph of this Agreement. Notice to CITY shall be sent to the
address stated in the opening paragraph of this Agreement or to the address stated in
CITY's Form W-9 provided to COUNTY.
19. CONFLICT OF INTEREST
CITY affirms that to the best of CITY's knowledge, CITY's involvement in this
Agreement does not result in a conflict of interest with any party or entity which may be
affected by the terms of this Agreement. Should any conflict or potential conflict of
interest become known to CITY, CITY shall immediately notify COUNTY of the
conflict or potential conflict, specifying the part of this Agreement giving rise to the
conflict or potential conflict, and advise COUNTY whether CITY will or will not resign
from the other engagement or representation. Unless waived by COUNTY, a conflict or
potential conflict may, in COUNTY's discretion, be cause for cancellation or termination
of this Agreement.
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Hennepin County Residential
Recycling Funding Policy
January 1, 2017 – December 31, 2021
Board Adopted: June 2, 2020
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I. Policy Description
A. Background
The Hennepin County Board of Commissioners has determined that curbside collection of
recyclables and organics from Hennepin County residents is an effective strategy to reduce
reliance on landfills, prevent pollution, conserve natural resources and energy, improve public
health, support the economy, and reduce greenhouse gases. Therefore, the county adopted the
goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its
Metropolitan Solid Waste Management Policy Plan and developed a Residential Recycling
Funding Policy to help reach a 75% recycling rate by 2030.
The county will distribute all Select Committee on Recycling and the Environment (SCORE) funds
received from the state to cities for curbside collection of residential recyclables and organics. If
cities form a joint powers organization responsible for managing a comprehensive recycling and
waste education system for the residents of those cities, the county will distribute recycling and
organics grants to that organization. Cities are expected to fulfill the conditions of the policy.
B. Term of the Policy
Hennepin County is committed to implement this policy and continue distributing all SCORE
funds received from the state for the purpose of funding curbside residential recycling and
organics programs from January 1, 2017 through December 31, 2020. The county may revise this
policy if it determines changes are needed to assure compliance with state law and MPCA goals
established for metropolitan counties. In the event that SCORE funds are eliminated from the
state budget or significantly reduced, the county will consult with municipalities at that time and
develop a subsequent recommendation to the board on continuation of this policy and future
funding of curbside recycling and organics programs.
C. Grant Agreements
Each municipality seeking funding under the terms of the Residential Recycling Funding Policy
must enter into a recycling grant agreement with the county for a term concurrent with the
expiration of this policy, December 31, 2020. The grant agreement must be accompanied by a
resolution authorizing the city to enter into such an agreement.
D. Fund Distribution
The county will distribute to Hennepin County municipalities 100% of SCORE funds that the
county receives from the state. SCORE funds will be dedicated to two different purposes: 1)
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curbside recycling and 2) curbside organics recycling. SCORE funds are based on revenue
received by the State of Minnesota from the solid waste management (SWM) tax on garbage
services. SCORE funds are subject to change based on the SWM tax revenue received by the
state and funds allocated by the legislature. Funds distributed to municipalities for the current
calendar year will be based on SCORE funds received by the county in the state’s corresponding
fiscal year.
II. Recycling
A. Allocation of Funds
The following formula will be utilized to determine a city’s recycling SCORE grant each year.
Percent of SCORE funds allocated to curbside recycling:
2017 80%
2018 70%
2019 60%
2020 50%
2021 50%
City recycling grant calculation:
Number of households with curbside recycling in city -------------------------------
Total number of households with curbside recycling in
county
x
Total SCORE
Funds available
for recycling
=
Recycling grant
amount available
to the city
Eligible residential households are defined as single family through eight-plex residential
buildings or other residential buildings where each housing unit sets out its own recycling
container for curbside collection. The number of eligible households will be determined by
counting the number of eligible households on January 1 of each funding year. The city will
report the number in its application for funding.
B. Application for Funding
Each municipality must complete an annual grant application by February 15 to receive funding
for that year. The application consists of a web-based report and a planning document provided
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by the county. The web-based report asks for contract, program, tonnage, and financial
information. The participation rate for the curbside recycling program must also be included in
the web-based report. The municipality must calculate its participation rate during the month of
October. The methodology for measuring participation must be provided to the county upon
request. The planning document asks for a description of activities the city will implement to
increase recycling and make progress toward county objectives.
C. Use of Funds
The following requirements apply to the use of recycling funds:
1. All grant funds accepted from the county must be used for waste reduction and recycling
capital and operating expenses in the year granted. The county will not reimburse any
funds in excess of actual expenses.
2. A municipality or joint powers organization may not charge its residents through
property tax, utility fees, or any other method for the portion of its recycling program
costs that are funded by county grant funds.
3. Municipalities must establish a separate accounting mechanism, such as a project
number, activity number, or fund that will separate recycling revenues and expenditures
from other municipal activities, including solid waste and yard waste activities.
4. Recycling and waste reduction activities, revenues, and expenditures are subject to audit.
5. Municipalities that do not contract for curbside recycling services will receive grant funds
provided that at least 90% of the grant funds are credited back to residents and the city
meets all minimum program requirements. The additional 10% may be used for waste
reduction and recycling expenses. The county may waive this requirement if the city
negotiates a recycling improvement plan with the county.
D. City Requirements
1. Materials Accepted
At a minimum, the following materials must be collected curbside:
• Metal food and beverage cans;
• Glass food and beverage containers;
• Cardboard boxes;
• Newspaper and inserts;
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• Mail, office and school papers;
• Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes;
• Boxes from toothpaste, medications and other toiletries;
• Magazines and catalogs;
• Aseptic and gable-topped containers; and
• Plastic bottles and containers, #1 – Polyethylene Terephthalate (PET, PETE), #2 High Density Polyethylene (HDPE), #4 – Low Density Polyethylene (LDPE) and #5 –
Polypropylene (PP) plastic bottles, except those that previously contained hazardous
materials or motor oil.
The county may add materials to this list and require municipalities to begin collection within
one year of receiving notification from the county. Municipalities will notify the county if
materials not found on this list will be collected.
2. Education and Outreach
The partnership between the county and municipalities has been highly effective in
educating residents and motivating behavior change. In order to continue this partnership
and increase these efforts, program activities of municipalities must be coordinated with
county and regional efforts. Municipalities must adhere to the following requirements:
a. Use county terminology when describing recycling guidelines, including the
description of materials accepted and not accepted, preparation guidelines, and
promotional materials;
b. Use images provided by the county or the Solid Waste Management Coordinating
Board (SWMCB) if using images of recyclables;
c. Provide recycling information on the city’s website, including materials accepted and
not accepted, a recycling calendar, and links to county resources;
d. Mail a recycling guide to residents each year using a template developed jointly with
the county. The county will design and print the guide. If a municipality does not use
the template produced by the county, the municipality may develop its own guide at
the municipality’s expense, but it must be approved by the county. If the municipality
relies on the hauler to provide the recycling guide, this guide requires approval by
the county.
e. Complete two educational activities from a menu of options developed by the
county.
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Any print material that communicates residential recycling guidelines that were not provided
by the county template will require county approval. This does not apply to waste reduction
and reuse, articles on recycling that do not include guidelines, or social media posts. The
county will respond within five business days to any communication piece submitted.
3. Recycling Performance
On an annual basis, municipal recycling programs must demonstrate that a reasonable effort
has been made to maintain and increase the pounds of recyclables per household collected
from their residential recycling programs.
If a municipality does not demonstrate measurable progress, a recycling improvement plan
must be submitted by the municipality within 90 days of being notified by the county. The
recycling improvement plan must be negotiated with the county and specify the efforts that
will be undertaken by the municipality to improve its recycling program to yield the results
necessary to achieve county objectives.
In cooperation with the county, the municipality may be required to participate in waste and
recycling sorts to identify recovery levels of various recyclables in its community. Based on
the results of the study, the county and municipality will collaborate to increase the recovery
of select recyclable materials being discarded in significant quantities.
E. Grant Payments
The county will make two equal payments to the municipality. One payment will be made after
the county receives the application, which consists of the web-based report and the planning
document. A second payment will be made after basic program requirements, education and
outreach requirements, and recycling performance have been confirmed and approved. If the
municipality meets the county requirements, both payments will be made during the same
calendar year. Funding will be withheld until the municipality meets the requirements of this
policy.
III. Organics Recycling
A. Allocation of Funds
The following formula will be utilized to determine a city’s organics recycling SCORE grant each
year:
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Percent of SCORE funds allocated to curbside organics recycling:
2017 20%
2018 30%
2019 40%
2020 50%
2021 50%
City organics recycling grant calculation:
Number of households with curbside organics in city ---------------------------------
Total number of households with curbside organics in county
x
Total SCORE
funds available for
organics
=
Organics grant
amount available
to the city
If the formula above results in cities receiving grants where the dollar amount per participating
household is greater than $25 per year, then a cap will apply. The funding cap per participating
household is $25 per year. The most the county will grant a city is $25 per participating
household per year. If funds are left over because of the cap, those funds will carry over into the
following year’s SCORE funds.
Eligible residential households are defined as single family through eight-plex residential
buildings or other residential buildings where the household is signed up for organics service
and the household sets out its own container with organics for curbside collection. The number
of eligible households will be determined by counting the number of eligible households on
September 1 of each funding year. The city will report the number in the application for funding.
B. Application for Funds
Each municipality must complete an annual application provided by the county by September 1
to receive funding. As a part of the application, a city must submit the number of households
signed up for and receiving curbside organics service.
C. Use of Funds
The grant funds may be used for program expenses, including the following:
• Discount to new customers
• Discount to existing customers
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• Referral incentives
• City contract costs
• Education and outreach
• Compostable bags
• Kitchen containers
• Carts
• Organics drop-off sites
Program administration is not an eligible expense. Yard waste expenses are not eligible. If
organics are co-collected with other waste, the organics expenses must be tracked separately. If
a city passes funds through to a hauler, 100% of those funds must be credited to residents’ bills.
In addition, the following requirements apply:
• All grant funds must be used during the term of the agreement. Funds not spent must be
returned to the county.
• Funds must be expended on eligible activities per Minnesota State Statute 115A.557.
• A municipality or joint powers organization may not charge its residents through
property tax, utility fees, or any other method for the portion of its organics program
costs that are funded by county grant funds.
• Municipalities must account for organics expenditures separately upon request by the
county. Expenditures are subject to audit.
D. Education and Outreach Requirements
The partnership between the county and municipalities has been highly effective in educating
residents and motivating behavior change. In order to continue this partnership and increase
these efforts, program activities of municipalities must be coordinated with county and regional
efforts. The following requirements apply:
1. Use county terminology when describing organics recycling guidelines, including the description of materials accepted and not accepted, preparation guidelines, and promotional materials;
2. Use images provided by the county or the SWMCB if using images of organic materials;
3. Provide organics recycling information on the city’s website, including material accepted
and not accepted, service options, and links to county resources;
4. Work with the county to develop promotional resources to increase participation.
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E. Reporting
A report on the city’s organics program must be submitted electronically to the county by
February 15 following each year. The report must include, but is not limited to, the following:
Basic Program Information
• Hauler(s)
• Collection method
• Where organics were delivered to and processed
• Is service opt-in or opt-out
• Cost of service to residents; contract cost for city
• How the service was billed
• Items included in service, such as curbside collection, cart, compostable bags, etc.
Results
• Tons
• Number of households signed up
• Average pounds per household per year
• Participation (set-out rate on pickup day)
• Program costs
• How funds were used
F. Grant Payment
The county will make one organics grant payment to a municipality each year. The payment will
be made after the county receives the application and confirms that the municipality meets the
requirements of this policy.
September 25, 2020
Medina City Hall
2052 County Road 24
Medina, MN 55340
To Whom it May Concern,
You have been previously briefed on our successful 2020 season (see September 2020 City Council
materials), despite the challenges presented to us due to the pandemic. With your support, we were
able to provide the opportunity to play baseball to all of our kids (ages 4-12) this season. Demand for
Hamel Baseball is strong, in large part due to the City’s close partnership us.
We have met with Park Commission and City Council members over the past few weeks to refine our
proposal for October 2020. First, some important clarifications based on questions we have received:
1. Parking:
• Our parking situation is sufficient to support our enrollment, which we are not looking
to expand beyond our current numbers (450-550 kids on average). We have and will
continue to cap enrollment due to our commitment to provide a high-quality Little
League experience for our community’s children. We also promote the importance of
family time and only schedule league activities during weekdays. We are not in favor of
removing greenspace for additional parking. To help appease congestion in the main
Legion Park lot:
i. Lighted Field parking (behind Inn Kahoots) will be promoted in a more organized
manner. This parking lot went largely unused this season.
1. Email reminders
2. Website maps
3. Friendly enforcement
ii. Farmers State Bank of Hamel parking is available
1. We obtained approval from Farmers State Bank of Hamel to use its lot
this season and it went unused.
iii. Added tee ball fields will alleviate parking concerns and allow for a more
staggered practice/game schedule.
2. Quad 2:
• We do not have plans to change the layout of the Quad 2 field. That field will remain
available to accommodate softball, kickball, cricket, etc. The existing field configuration
is satisfactory for our needs.
3. Hunter Lions Field:
The plans for this site are impressive and we thank the Park Commission and Administration for
involving us in the discussions to date. In light of our plan for Quad 1 (see below), the baseball
diamond can be de-prioritized in the City’s phased approach for Hunter. We can use the existing
field as is while other portions of the Hunter project are completed (play equipment, pickle ball,
tennis courts, etc.).
Agenda Items # 5H – 5I – 5J
Regardless of the location of home plate (pending park design chosen by the City), a dirt infield
with little league dimensions for practice use only is satisfactory and will be utilized by Hamel
Athletic Club. No fencing in the outfield is required at this time.
Here is the final list of proposed improvements for October 2020. The Total Project Cost (funded
entirely by HAC via a donation to the City) is $26,335.
1. Convert Quad 1 to a Little League field
• Connect to existing irrigation
• Clay Mound at 46 feet
• Grass infield and grass perimeter (foul ball territory) to reduce erosion
• New 4-foot tall fence, 200 feet from home plate with blue topper
• Gate(s) and openings in new 4-foot fence for field access
2. Convert Quad 3 back to its original purpose, an intermediate size field
• Add 6 feet of grass to the 1-2nd and 2nd-3rd base paths
• Move mound back 6 feet
Through these investments, we hope to build on a solid foundation of improvements made over the last
three years.
Along with this summary letter, see also the following information:
1. Supreme Outdoor Services quote for landscape work on Quad 1 and Quad 3
2. Dinius Fence quote for fencing on Quad 1.
Thank you,
Andy Servi
President – Hamel Athletic Club
Resolution No. 2020-
October 6, 2020
Member ________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2020-
RESOLUTION ACCEPTING DONATION FROM HAMEL ATHLETIC CLUB
WHEREAS, The Hamel Athletic Club has generously offered to donate a check in the
amount of $26,335.00 (the “Donation”) to the city of Medina (the “City”); and
WHEREAS, the Donation will be dedicated to the City’s Municipal Park Fund to convert
quad field # 1 to a grassed in-field, convert quad field # 3 to intermediate field, and install fencing
at Hamel Legion Park; and
WHEREAS, the City wishes to accept the Donation and express its gratitude to the Hamel
Athletic Club for their generosity.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that the City accepts the Donation and thanks the Hamel Athletic Club.
Dated: October 6, 2020.
____________________________________
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.
1
FIELD CONVERSION SERVICES AGREEMENT
This Agreement is made this 6th day of October 2020, by and between Supreme Outdoor
Services, 2895 Lindgren Lane, Independence, MN 55359, 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 field conversion services; and
2. The City has approved the contract for field conversion 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 field conversion services for the City
in Hamel Legion Park as outlined in Exhibit A.
2.0. TERM. The term and prices of this contract shall remain in effect from October 6, 2020
until September 15, 2021, or until such later date as may be mutually agreed upon.
3.0 COMPENSATION. The City shall compensate the Contractor upon completion of the work
and submitting an invoice for services. The City shall compensate the Contractor a total of
$14,800 to furnish material and labor to complete the field conversion services as described in
section 1.0 Scope of Services.
3.01 The Contractor shall pay for all licenses and permits. These costs shall be
included in the bid cost. The City is exempt from sales tax.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or subcontractor
who may perform services for the Contractor in connection with this Agreement is also not
an employee of the City. The Contractor understands that the City will not provide any
benefits of any type in connection with this Agreement, including but not limited to health or
medical insurance, worker’s compensation insurance and unemployment insurance, nor will
the City withhold any state or federal taxes, including income or payroll taxes, which may be
payable by the Contractor.
4.02 The Contractor will supply and use its own equipment and tools to complete
the services under this Agreement.
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
2
4.04 The Contractor will be responsible to coordinate all utility locations, private
and public, on the site before excavation begins.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City
from claims and liability for injury or damage to persons or property for all work performed by the
Contractor and its respective employees or agents under this Agreement. The Contractor shall name
the City as an additional insured under its commercial general liability policy in limits acceptable to
the City. Prior to performing any services under this Agreement, the Contractor shall provide
evidence to the City that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will,
in all respects, be controlled and governed by the laws of Minnesota.
9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City.
10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If
the contract is terminated early, the City will pay a prorated fee for the services performed to date in
that calendar year.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
3
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By ______________________________
Scott Johnson, City Administrator
SUPREME OUTDOOR SERVICES (CONTRACTOR)
By ______________________________
Print Name:
4
Exhibit A
1
FENCE INSTALLATION SERVICES AGREEMENT
This Agreement is made this 6th day of October 2020, by and between D’Fence, 18291
Territorial Road #2, Maple Grove, MN 55369, 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 fence installation services; and
2. The City has approved the contract for fence 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 fence installation services for the City.
“Fence Installation Services” will include the furnishing of all labor, tools, and materials necessary to
furnish and install fencing, blue fence cap, and yellow foul poles, and remove some existing fencing
at fields in Hamel Legion Park as defined in Exhibit A.
2.0 TERM. The term and prices of this contract shall remain in effect from October 6, 2020
until September 1, 2021, or until such later date as may be mutually agreed upon.
3.0 COMPENSATION. The City shall compensate the Contractor $11,535.00, as described
above in the Scope of Services. Compensation for additional fencing work or changes to the scope
of services must first be approved by the Public Works Director.
3.01 The Contractor shall pay for all sales taxes, licenses and permits. These costs
shall be included in the bid cost. All invoices must include the following language: “All labor
and material subject to sales tax by the State of MN is included in the contract amount and
will be remitted by the vendor.”
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or subcontractor
who may perform services for the Contractor in connection with this Agreement is also not
an employee of the City. The Contractor understands that the City will not provide any
benefits of any type in connection with this Agreement, including but not limited to health or
medical insurance, worker’s compensation insurance and unemployment insurance, nor will
the City withhold any state or federal taxes, including income or payroll taxes, which may be
payable by the Contractor.
4.02 The Contractor will supply and use its own equipment and tools to complete
the services under this Agreement. If it is determined by the Public Works Director that
additional traffic control is needed, it will be provided by the City.
2
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City
from claims and liability for injury or damage to persons or property for all work performed by the
Contractor and its respective employees or agents under this Agreement. The Contractor shall name
the City as an additional insured under its commercial general liability policy in limits acceptable to
the City. Prior to performing any services under this Agreement, the Contractor shall provide
evidence to the City that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will,
in all respects, be controlled and governed by the laws of Minnesota.
9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City.
10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If
the contract is terminated early, the City will pay a prorated fee for the services performed to date in
that calendar year.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
3
CITY OF MEDINA
By _____________________________
Kathleen Martin, Mayor
By ______________________________
Scott Johnson, City Administrator
D’FENCE
(CONTRACTOR)
By ______________________________
4
Exhibit A
673537.v4
PRELIMINARY DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MEDINA
AND
U.S. HOME CORPORATION
REGARDING
MEADOWVIEW COMMONS
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
Agenda Item # 5K
673537.v4
TABLE OF CONTENTS
PAGE
1. Right to Proceed ............................................................................................................. 1
2. Preliminary Improvement Plans ..................................................................................... 2
3. Erosion Control .............................................................................................................. 2
4. No Additional Improvements Authorized; Assumption of Risk .................................... 3
5. Letter of Credit ............................................................................................................... 3
6. Responsibility for Costs; Escrow for Construction Inspection ...................................... 4
7. Developer’s Default ........................................................................................................ 5
8. Insurance ......................................................................................................................... 5
9. Clean up and Dust Control ............................................................................................. 5
10. Compliance with Laws ................................................................................................... 5
11. Agreement Runs With the Land ..................................................................................... 5
12. Indemnification ............................................................................................................... 6
13. Assignment ..................................................................................................................... 6
14. Notices ............................................................................................................................ 6
15. Severability ..................................................................................................................... 6
16. Non-waiver ..................................................................................................................... 6
17. Counterparts ................................................................................................................... 7
SIGNATURES .............................................................................................................................. 8-9
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B PRELIMINARY IMPROVEMENTS PLAN DOCUMENTS
EXHIBIT C COST ESTIMATE OF PRELIMINARY IMPROVEMENTS
673537.v4 1
This Preliminary Development Agreement (the “Preliminary Agreement”) is made and
entered into this ____ day of __________, 2020, by and between the city of Medina, a municipal
corporation under the laws of Minnesota (the “City”), and U.S. Home Corporation, a Delaware
business corporation (the “Developer”).
WITNESSETH:
WHEREAS, on September 15, 2020, the City granted conditional approval of the
preliminary plat of the property legally described on Exhibit A attached hereto (the “Property”)
related to the Developer’s proposed 125-unit townhome development, which plat is tentatively
named Meadowview Commons (the “Subdivision”); and
WHEREAS, the Developer has requested permission to grade the Property prior to the
City’s consideration or approval of the final plat of the Subdivision; and
WHEREAS, the City is willing to allow the Developer to grade the Property before final
plat approval if such work is conducted in accordance with this Preliminary Agreement and all
other relevant statutes, ordinances and regulations.
NOW, THEREFORE, based on the mutual covenants and obligations contained herein,
the parties agree as follows:
1. Right to Proceed. In connection with approval of the final plat of the Subdivision,
the Developer and the City intend to enter into a development agreement (the “Development
Agreement”) which will provide for the completion of public and private streets, sanitary sewer,
water, stormwater, and other improvements for the Subdivision (the “Subdivision
Improvements”), as well as other conditions of approval. In the interim and at the request of the
Developer, the City agrees to allow the Developer to construct the Preliminary Improvements, as
hereinafter defined, in accordance with this Preliminary Agreement. The Developer may not
construct any portion of the Preliminary Improvements on the Property until all the following
conditions precedent have been satisfied:
a) this Preliminary Agreement has been executed by the Developer and the
City;
b) the required Preliminary Improvements Letter of Credit (as hereinafter
defined) has been received by the City from or on behalf of the
Developer;
c) engineering and construction plans for the Preliminary Improvements in
digital form have been submitted by the Developer and approved by the
city engineer;
d) the Developer has paid the City for all legal, engineering and
administrative expenses incurred by the City regarding the Subdivision
and this Preliminary Agreement and has given the City the additional
escrow required by section 6 b) of this Preliminary Agreement;
e) all erosion control measures are in place;
673537.v4 2
f) the Developer has received any and all required permits from the Elm
Creek Watershed Management Commission, Hennepin County, the
Minnesota Pollution Control Agency, and any other entity having
jurisdiction over the Property;
g) the Developer has acquired fee title to the Property;
h) the Developer or the Developer’s engineer has initiated and attended a
preconstruction meeting with the city engineer and staff; and
i) the City has issued a notice that all conditions precedent have been
satisfied and that the Developer may proceed to construct the Preliminary
Improvements.
2. Preliminary Improvement Plans. a) The Preliminary Improvements consist,
generally, of site grading. The Developer agrees to construct the Preliminary Improvements on
the Property in accordance with the City’s preliminary plat approval and the approved engineering
and construction plans for the Preliminary Improvements (collectively, the “Preliminary
Improvement Plans”). All work must be done in strict compliance with the Preliminary
Improvement Plans and all requirements of the Minnesota Pollution Control Agency regarding
contaminated soils. Within 30 days after completion of the Preliminary Improvements and
stabilization of the site, the Developer shall provide the City with an “as constructed” grading
plan and a certification by a registered land surveyor or engineer. The documents which
constitute the Preliminary Improvement Plans are those on file with and approved by the City and
are listed on Exhibit B attached hereto. The Preliminary Improvement Plans may not be modified
or expanded by the Developer without the prior written approval of the City.
b) All construction equipment used in connection with the Preliminary
Improvements will access the Property from Meander Road to County Road 116.
c) All work performed by or on behalf of the Developer on or related to the
construction of the Preliminary Improvements shall be restricted to the hours of 7:00 a.m. through
8:00 p.m., Monday through Friday and 8:00 a.m. through 5:00 p.m. on Saturday.
3. Erosion Control. a) All construction regarding the Preliminary Improvements
shall be conducted in a manner designed to control erosion and in compliance with all City
ordinances and other requirements, including the City’s permit with the Minnesota Pollution
Control Agency regarding municipal separate storm sewer system program. Before any
portion of the Property is rough graded, an erosion control plan shall be implemented by the
Developer as approved by the City. The City may impose reasonable, additional erosion
control requirements after the City’s initial approval if the City deems such necessary due to a
change in conditions. All areas disturbed by the excavation shall be reseeded promptly after
the completion of the work in that area unless construction of streets or utilities, buildings or
other improvements is anticipated immediately thereafter. Except as otherwise provided in
the erosion control plan, seed shall provide a temporary ground cover as rapidly as possible.
All seeded areas shall be mulched, and disc anchored as necessary for seed retention. The
parties recognize that time is of the essence in controlling erosion.
673537.v4 3
b) If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
reasonably appropriate to control erosion based on the urgency of the situation. The City agrees
to provide reasonable notice to the Developer in advance of any proposed action, including
notice by telephone or email in the case of emergencies, but limited notice by the City when
conditions so dictate will not affect the Developer’s obligations or the City’s rights hereunder.
c) The Developer agrees to reimburse the City for all expenses it reasonably incurs
in connection with any action it takes to control erosion. No Preliminary Improvements will be
allowed on the Property unless the Developer is in full compliance with the erosion control
requirements. The erosion control measures specified in the Preliminary Improvement Plans or
otherwise required within the Property or adjacent areas shall be binding on the Developer and
its successors and assigns.
4. No Additional Improvements Authorized; Assumption of Risk. At the time of
approval of the final plat(s) of the Subdivision, the City and the Developer intend to enter into
the Development Agreement for completion of the remainder of the Subdivision Improvements.
Nothing in this Preliminary Agreement is intended to authorize the Developer to construct the
Subdivision Improvements. Authorization under this Preliminary Agreement is limited
exclusively to the Preliminary Improvements listed on the Preliminary Improvement Plans in
Exhibit B. Additionally, nothing contained in this Preliminary Agreement shall be construed
as granting any rights or approvals not expressly authorized herein, including, without
limitation, any final plat approval for the Subdivision, and the Developer acknowledges and
agrees that it is proceeding with the Preliminary Improvements absent such rights or approvals
at its sole risk.
5. Letter of Credit. a) In order to ensure completion of the Preliminary
Improvements authorized under this Preliminary Agreement and satisfaction of all fees due to
the City, the Developer agrees to deliver to the City prior to beginning any work on the Property
a letter of credit (the “Preliminary Improvements Letter of Credit”) in the amount of
$373,504.37, which represents 150 percent of the estimated cost of the Preliminary
Improvements. The Preliminary Improvements Letter of Credit shall be delivered to the City
prior to beginning any work on the Property and shall renew automatically thereafter until
released by the City. The estimated cost of the work covered by the Preliminary Improvements
Letter of Credit is itemized on Exhibit C attached hereto. The Preliminary Improvements Letter
of Credit shall be issued by a bank determined by the City to be solvent and creditworthy and
shall be in a form acceptable to the City. The Preliminary Improvements Letter of Credit shall
allow the City to draw upon the instrument, in whole or part, in order to complete construction
of any or all of the Preliminary Improvements on the Property and to pay any fees or costs due
to the City by the Developer upon failure of the Developer to complete such work or to satisfy
such financial obligations.
b) The City agrees that, prior to drawing on the Preliminary Improvements Letter
of Credit, it will provide notice to the Developer and a period of no less than 15 days for the
Developer to cure the default. Notwithstanding the above, the City shall not be obligated to
673537.v4 4
allow a cure period which extends beyond the expiration date of the Preliminary Improvements
Letter of Credit.
c) The Preliminary Improvements Letter of Credit shall be released in full and
returned to the Developer after completion of the Preliminary Improvements and satisfaction
of all other financial obligations of the Developer to the City under this Preliminary Agreement.
Prior to releasing any portion of the Preliminary Improvements Letter of Credit or accepting
another letter of credit in replacement, the City shall first be satisfied regarding the quality and
completeness of the work, that the Developer has taken such steps as may be necessary to ensure
that no liens will attach to the Property and that all of the Developer’s financial obligations due
to the City have been satisfied.
d) It is the intention of the parties that the City at all times have available to it a
Preliminary Improvements Letter of Credit in an amount adequate to ensure completion of all
elements of the Preliminary Improvements and other obligations of the Developer under this
Preliminary Agreement. To that end and notwithstanding anything herein to the contrary, a
request by the Developer for a release or reduction of the Preliminary Improvements Letter of
Credit shall be evaluated by the City in light of that principle.
e) If at any time the City reasonably determines that the bank issuing the
Preliminary Improvements Letter of Credit no longer satisfies the City’s requirements regarding
solvency and creditworthiness, the City shall notify the Developer and the Developer shall
provide to the City within 45 days a substitute for the Preliminary Improvements Letter of
Credit from another bank meeting the City’s requirements. If the Developer fails to provide
the City within 30 days with a substitute Preliminary Improvements Letter of Credit from an
issuing bank satisfactory to the City, the City may draw under the existing Preliminary
Improvements Letter of Credit.
6. Responsibility for Costs; Escrow for Construction Inspection. a) The Developer
agrees to pay to the City an administrative fee in the amount necessary to reimburse the City
for its reasonable costs and expenses in reviewing preliminary matters regarding the Subdivision,
including the drafting and negotiation of this Preliminary Agreement. The Developer agrees to
reimburse the City in full for such costs within 45 days after notice in writing by the City. The
Developer also agrees to reimburse the City for the cost incurred in the enforcement of any
provision of this Preliminary Agreement, including reasonable engineering and attorneys’ fees.
b) The Developer shall also pay a fee for City construction observation and
administration relating to the Preliminary Improvements. Construction observation shall
include inspection of all the Preliminary Improvements. In order to reimburse the City for the
reasonable cost of inspection of the Preliminary Improvements, the Developer shall deposit an
additional $12,000.00 into an escrow account with the City, which shall receive and hold such
funds solely under the terms of this Preliminary Agreement. The City shall reimburse itself for
expenses from the escrow and will provide the Developer with a copy of any invoice from the
city engineer or evidence of other cost or expense attributed to the escrow prior to deducting
such funds from the escrow. If any funds held under this escrow exceed the amount necessary
to reimburse the City for its costs under this section, such funds shall be returned to the
673537.v4 5
Developer without interest. If it appears that the actual costs incurred will exceed the estimate,
the Developer and the City shall review the costs required to complete the project and the
Developer shall deposit additional sums with the City as needed.
7. Developer’s Default. In the event of default by the Developer as to construction
or repair of any of the Preliminary Improvements or any other work or undertaking required by
this Preliminary Agreement and following the notice and opportunity to cure provided for in
section 5b) of this Agreement, the City may draw on the Preliminary Improvements Letter of
Credit and perform the work. This Preliminary Agreement is a license for the City to act, and
it shall not be necessary for the City to seek an order from any court for permission to enter any
portion of the Property for such purposes. If the City does any such work and incurs costs in
excess of any amount available under the Preliminary Improvements Letter of Credit, the
Developer agrees to reimburse the City for the additional costs within 30 days of notice by the
City. If the Developer fails to reimburse the City within 30 days of notice, the City may, in
addition to its other remedies, levy special assessments to recover the costs thereof. For this
purpose, the Developer, for itself and its successors and assigns, expressly waives any and all
procedural and substantive objections to the special assessments, including but not limited to,
hearing requirements and any claim that the assessments exceed the benefit to the Property.
The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise
available pursuant to Minnesota Statutes, section 429.081 with regard to the assessments against
the Property.
8. Insurance. The Developer agrees to take out and maintain or cause to be taken
out and maintained until six months after completion of the Preliminary Improvements, public
liability and property damage insurance covering personal injury, including death, and claims
for property damage which may arise out of Developer’s work or the work of its contractors or
subcontractors. Liability limits shall not be less than $2,000,000. The City shall be named as
an additional insured on the policy. The certificate of insurance shall provide that the City must
be given the same advance written notice of the cancellation of the insurance as is afforded to
the Developer.
9. Clean up and Dust Control. The Developer shall daily clean dirt and debris from
streets adjoining the Property resulting from work on the Preliminary Improvements by the
Developer, its contractors, agents or assigns. Prior to any construction on the Property, the
Developer shall identify to the City in writing a responsible party for erosion control, street
cleaning, and street sweeping. The Developer shall provide dust control to the satisfaction of
the City’s engineer throughout construction on the Property.
10. Compliance with Laws. The Developer agrees to comply with all laws,
ordinances, regulations and directives of the state of Minnesota and the City applicable to the
Property and the Subdivision. This Preliminary Agreement shall be construed according to the
laws of Minnesota.
11. Agreement Runs With the Land. This Preliminary Agreement shall run with the
Property and shall be recorded against the title thereto.
673537.v4 6
12. Indemnification. The Developer hereby agrees to indemnify and hold the City
and its officers, employees, and agents harmless from claims made by it and third parties for
damages sustained or costs incurred resulting from any City approvals related to the
Subdivision. The Developer hereby agrees to indemnify and hold the City and its officers,
employees, and agents harmless for all costs, damages, or expenses which the City may pay or
incur in consequence of such claims, including attorneys’ fees, except matters involving the
intentional or grossly negligent act of the City or its agents or employees.
13. Assignment. The Developer may not assign this Preliminary Agreement without
the prior written permission of the City, which consent shall not be unreasonably withheld,
conditioned or denied.
14. Notices. Any notice or correspondence to be given under this Preliminary
Agreement shall be deemed to be given if delivered personally or sent by U.S. Mail, postage
prepaid, certified mail, return receipt requested:
a) as to Developer: U.S. Home Corporation
_________________________
_________________________
Attn: ____________________
b) as to City: City of Medina
2052 County Road 24
Medina, MN 55340
Attention: City Administrator
with a copy to: Ronald H. Batty
Kennedy & Graven
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph. The Developer shall notify the City if there is any change in its
name or address.
15. Severability. In the event that any provision of this Preliminary Agreement shall
be held invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall
pertain only to such section and shall not invalidate or render unenforceable any other provision
of this Preliminary Agreement.
16. Non-waiver. Each right, power, or remedy conferred upon the City by this
Preliminary Agreement is cumulative and in addition to every other right, power or remedy,
express or implied, now or hereafter arising, or available to the City at law or in equity, or under
any other agreement. Each and every right, power and remedy herein set forth or otherwise so
673537.v4 7
existing may be exercised from time to time as often and in such order as may be deemed
expedient by the City and shall not be a waiver of the right to exercise at any time thereafter
any other right, power, or remedy. If any party waives in writing any default or nonperformance
by another party, such waiver shall be deemed to apply only to such event and shall not waive any
other prior or subsequent default.
17. Counterparts. This Preliminary Agreement may be executed simultaneously in any
number of counterparts, each of which shall be an original and shall constitute one and the same
Preliminary Agreement.
*************************
673537.v4 8
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
on the day and year first above written.
CITY OF MEDINA
By: __________________________________
Kathleen Martin, Mayor
By: __________________________________
Scott T. Johnson, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of __________, 2020,
by Kathleen Martin and Scott T. Johnson, the mayor and city administrator, respectively, of the
city of Medina, a Minnesota municipal corporation, on behalf of the municipal corporation.
__________________________________
Notary Public
673537.v4 9
U.S. HOME CORPORATION
By: __________________________________
Its: __________________________________
STATE OF __________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ___ day of ___________,
2020, by ______________, the ______________ of U.S. Home Corporation, a Delaware business
corporation, on behalf of the corporation.
___________________________________
Notary Public
A-1
673537.v4
EXHIBIT A TO
PRELIMINARY DEVELOPMENT AGREEMENT
Legal Description
The land to which this Preliminary Agreement applies is located in Hennepin County, Minnesota
and is legally described as follows:
Outlot A, Rolling Green Business Center, Hennepin County, Minnesota
and
Outlet E, Fields of Medina, Hennepin County, Minnesota.
673537.v4 B-1
EXHIBIT B TO
PRELIMINARY DEVELOPMENT AGREEMENT
Preliminary Improvements Plan Documents
The following documents prepared by ISG, engineer issue date 08/12/20, collectively constitute
the Preliminary Improvements Plans:
1 Cover Sheet
2 Site Phasing Plan
3 Construction Notes
4-11 Site Details
16-18 SWPPP Notes and Details
19 Stormwater Pollution Prevention Plan
20-21 Existing Site Removal Plan
39-41 Grading Plan
C-1
673537.v4
EXHIBIT C TO
PRELIMINARY DEVELOPMENT AGREEMENT
Preliminary Plan Improvements Cost Estimate
Resolution No. 2020
October 6, 2020
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2020
RECOGNIZING PUBLIC SAFETY DIRECTOR
JASON NELSON FOR TWENTY YEARS
OF SERVICE TO THE CITY OF MEDINA
WHEREAS, Jason Nelson has been a valued full time City of Medina employee in the
Police Department of the City since October 1, 2000; and
WHEREAS, Jason has served as a licensed peace officer at the City of Medina for twenty
years; and
WHEREAS, Jason has been the Public Safety Director since April 1, 2020
WHEREAS, Jason served as our Patrol Sergeant for sixteen years; and
WHEREAS, Jason served as our in-house investigator for three years; and
WHEREAS, Jason started our departments drug task force program in 2004; and
WHEREAS, Jason has been one of our department firearms instructors for the last seven
years; and
WHEREAS, Jason completed his State Certification in Emergency Management and serves
as our Emergency Management Coordinator for the City of Medina; and
WHEREAS, Jason led the process in reviewing plans and recommending changes to the
architect to keep costs within budget for the construction/remodel of the police department facilities;
and
WHEREAS, Jason received the Medal of Honor Award from the Minnesota Chiefs
Association, Medal of Valor from the Hennepin County Sheriff’s Department and the First
Responder Award from the i94 West Chamber of Commerce for his life saving actions, which
demonstrated bravery, heroism, and self-sacrifice under a life-threatening situation; and
WHEREAS, Jason led the Fire Service Study grant and report process for Medina; and
WHEREAS, Jason brings a great attitude and work ethic to the job daily; and
WHEREAS, Jason has received numerous thank you letters from residents and neighboring
departments for his dedicated and professional service; and
WHEREAS, the City of Medina expresses sincere gratitude for Jason’s dedication and
continued service to the Medina community.
Agenda Item # 7A
Resolution No. 2020
October 6, 2020 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
acknowledges and thanks Jason Nelson for twenty years of service to the community.
Dated: October 6, 2020.
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.
Member introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.
RECOGNIZING PUBLIC WORKS FIELD INSPECTOR JOHN GLEASON FOR TEN
YEARS OF SERVICE TO THE CITY OF MEDINA
WHEREAS, John Gleason has been a valued full time City of Medina employee in the
Public Works Department since June 28, 2010; and
WHEREAS, John Gleason has demonstrated a strong work ethic, honesty, commitment
and a positive attitude in providing various services to the residents of Medina; and
WHEREAS, John has taken on the title of Field Inspector for the City, performing routine
erosion control inspections for public and private construction projects, as well as routine on-site
constructions inspections regarding the installation of site improvements including streets, curbs,
water main, storm sewer, sanitary sewer and other related infrastructure installations; and
WHEREAS, John has brought his years of experience as a heavy equipment operator to the
table in his position with the city; and
WHEREAS, John has received the training necessary to continue his licensing in Design of
Construction SWPPP, Construction Site Management, and Construction Installer, a class D water
operator’s license , as well as taking a yearly defensive driving course for snow plow operators; and
WHEREAS, John Gleason responds to many locate requests on a daily basis as well as
coordinates the actual locating of the necessary requests; and
WHEREAS, the City of Medina expresses sincere gratitude for John’s dedication and
continued service to the Medina community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina
acknowledges and thanks John Gleason for ten years of service to the community.
Dated: October 6, 2020.
Kathleen Martin, Mayor
ATTEST:
Jodi M. Gallup, City Clerk
Agenda Item # 7B
Resolution No. 2
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.
Roehl Heights Page 1 of 2 October 6, 2020
Final Plat City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson
DATE: October 1, 2020
MEETING: October 6, 2020
SUBJ: Roehl Heights – Final Plat – 1735 Medina Road
Background
On June 16, 2020, the City Council adopted resolution 2020-32, granting preliminary approval to
the Estate of Robert Roehl for a two-lot subdivision at 1735 Medina Road. The subject property
is located along Medina Road, west of Tamarack Drive. The owner has now requested final
approval of the plat.
Consistency with the City’s Comprehensive Plan, zoning and subdivision regulations, and other
relevant policies was reviewed during review of the Preliminary Plat. The purpose of a final plat
review is to ensure that the final plat is consistent with the approved preliminary plat and to
ensure that all the conditions of approval have been met.
Consistency with Preliminary Plat
The proposed final plat is essentially identical with the approved preliminary plat, except that
additional right-of-way has been included for County Road 24, which was one of the conditions
of approval.
The proposed subdivision creates one lot north of Medina Road and one lot to the south, as
shown on the preliminary plat.
Preliminary Plat Conditions
Several conditions were applied to the preliminary plat approval. The following section
describes each of the conditions on the resolution, with a summary of how staff believes they
have been met in italics:
1) The Owner shall pay cash-in-lieu of dedicating park land in an amount of $8,000.
Staff recommends that this be included as condition of final plat approval, to be paid
prior to the plat being filed.
2) The proposed septic sites shall be fenced off upon approval of the preliminary plat.
Staff recommends that protection of the septic sites be included as condition of final plat
approval.
3) The plat shall provide 50 feet of right-of-way for County Road 24 as requested by Hennepin
County
The proposed plan includes this right-of-way.
Agenda Item # 8A
Roehl Heights Page 2 of 2 October 6, 2020
Final Plat City Council Meeting
4) The requirements of the wetland protection ordinance shall be met. Buffer vegetation and
signage upon the northern lot may be implemented at the time of construction on the lot but
shall be completed immediately upon the southern lot.
The applicant provided a wetland buffer plan. The applicant indicates that existing
vegetation is sufficient on Lot 1, Block 2. Staff will confirm the vegetation and notes that
additional signs will be required beyond those shown on the applicant’s plans. Staff
recommends updating and implementing the plan as a condition of final plat approval.
Staff has drafted an easement agreement for approval of the Council and execution by the
owner.
5) Construction access for the northern lot shall be from Medina Road, or improvements shall
be provided by the Owner on Morgan Road as recommended by the City Engineer to
accommodate construction traffic.
Staff recommends that this be included as a condition of final plat approval, to be paid
prior to the plat being filed.
6) The Owner shall submit title documentation and meet the requirements of the City Attorney
related to title matters.
The applicant has provided title documentation. Staff recommends a condition be
included upon final plat approval that the applicant abide by the City Attorney’s
requirements and recommendations.
7) The final plat application shall be filed within 180 days of the date of the City Council
resolution granting preliminary approval or the approval shall be considered void, unless a
written request for time extension is submitted by the applicant and approved by the City
Council.
The applicant was received within 180 days.
8) The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for the
cost of reviewing the preliminary plat and associated documents.
Staff recommends a similar condition for final plat approval.
Staff Recommendation
Staff believes the proposed plat is consistent with the preliminary approval and that relevant
conditions of preliminary plat have either been satisfied or can be addressed as conditions of
final plat approval. If the Council concurs, the following actions would be appropriate:
1. Move to adopt the resolution granting final plat approval for Roehl Heights.
2. Move to approve the Upland Buffer Easement Agreement.
Attachments
1. List of Documents
2. Final Plat Resolution
3. Upland Buffer Easement Agreement
4. Roehl Heights Plat
10/1/2020
Project: LR-20-273 – Roehl Heights Final Plat
The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are
only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall.
Documents Submitted by Applicant
Document Received Document
Date
Pages Electronic Paper
Copy?
Notes
Application 7/10/2020 7/10/2020 3 Yes Yes
Plat 9/2/2020 NA 2 Yes Yes
Prelim Plat-Updated 9/4/2020 9/1/2020 1 Yes Yes
Title Commitment 7/16/2020 7/11/2020 16 Yes Yes
Upland Buffer Plan 7/16/2020 7/15/2020 4 Yes Yes
Documents from Staff/Consultants/Agencies
Document Document
Date
# of
pages
Electronic Notes
Plat Opinion
Engineering Comments No Comments
City Council Report 10/1/2020 2 Y 18 pages w/ attachments
Public Comments
Document Date Electronic Notes
Resolution No. 2020-##
DATE
Member ______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2020-##
RESOLUTION GRANTING FINAL APPROVAL
TO THE ESTATE OF ROBERT J. ROEHL FOR THE ROEHL HEIGHTS PLAT
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, The Estate of Robert J. Roehl (the “Owner”) owns property located at
1735 Medina Road (the “Property”), which is legally described in Exhibit A, attached hereto;
and
WHEREAS, on June 16, 2020, the City Council adopted Resolution 2020-32, granting
preliminary approval of a plat to subdivide the Property into two lots, subject to certain terms
and conditions; and
WHEREAS, the Owner has requested final plat approval for Roehl Heights; and
WHEREAS, on October 6, 2020, the City Council reviewed the proposed final plat for
consistency with the approved preliminary plat and compliance with the relevant terms and
conditions and heard testimony from city staff, the Owner and other interested parties; and
WHEREAS, subject to the fulfillment of the conditions noted below, the City Council
makes the following findings of fact in regard to the preliminary plat based on the requirements
of the City’s subdivision ordinance:
a. The proposed plat is not in conflict with the Comprehensive Plan and is not premature for
consideration.
b. The subdivision is appropriate for the physical conditions on the site including the
topography, storm water, natural resources, and soils.
c. The proposed subdivision will not cause substantial environmental damage.
d. The proposed subdivision is not likely to be injurious to public health.
e. The proposed subdivision and its improvements will not conflict with public or private
streets, easements, or right-of-ways.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants final plat approval for Roehl Heights, subject to the following terms and
conditions:
1) The Owner shall pay cash-in-lieu of dedicating park land in an amount of $8,000.
2) The Owner shall ensure that the proposed septic sites for Lot 1, Block 1 are identified and
protected.
Resolution No. 2020-##
DATE
3) The Owner shall update the upland buffer planting and signage plan as directed by City
staff and shall execute an Upland Buffer Easement Agreement in a form approved by the
City Attorney to ensure compliance with the requirements of the wetland protection
ordinance. Buffer vegetation and signage on the Lot 1, Block 1 may be installed at the
time of construction on the lot but shall be installed immediately on Lot 1, Block 2. The
Owner shall provide legal descriptions for the location of the upland buffers.
4) Construction access for the Lot 1, Block 1 shall be from Medina Road unless the Owners
makes improvements to Morgan Road as recommended by the City Engineer to
accommodate construction traffic, in which case construction access may come from
Morgan Road.
5) The Owner shall meet all requirements of the City Attorney related to the plat opinion,
title matters, and recording procedures.
6) The plat shall be recorded with the Hennepin County Recorder within 180 days of the
date of this resolution or the approval shall be considered void, unless a written request
for time extension is submitted by the Owner and approved by the City Council.
7) The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the final plat and associated documents.
Dated:
By: ______________________
Kathleen Martin, Mayor
Attest:
By: ___________________________
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
_________ 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. 2020-##
DATE
EXHIBIT A
Legal Description of the Property
1
UPLAND BUFFER EASEMENT AGREEMENT
THIS UPLAND BUFFER EASEMENT AGREEMENT (the “Agreement”) is made this
________day of _____________ , 2020 by and between the Estate of Robert J. Roehl
(the “Grantor”) and the city of Medina, a Minnesota municipal corporation (the “City”).
RECITALS
A. Grantor is the fee owner of property located in Hennepin County, Minnesota, legally
described in Exhibit A attached hereto (the “Property”).
B. The City has granted approval of a plat concerning the Property (the “City Approval”),
under the terms of which the Grantor is required to establish upland buffers adjacent to
wetlands on portions of the Property consistent with City regulations, the location of which
is legally described in Exhibit B, attached hereto (the “Easement Area”).
C. In accordance with the City Approval and the City’s wetland preservation ordinance, the
City has requested that Grantor grant to the City an upland buffer easement (the “Upland
Buffer Easement”) over the Easement Area. The Easement Area is shown on the site plan
depicted on Exhibit C attached hereto.
D. Grantor is willing to grant the Upland Buffer Easement in accordance with the terms of
this Agreement.
PROVISIONS
In consideration of the mutual promises of the parties contained herein, the parties agree
as follows:
1. Grantor hereby grants and conveys to the City and its successors and assigns, an Upland
Buffer Easement in, under, on, over and across the Easement Area, and the City hereby
accepts such grant. The duration of this easement is perpetual, subject to Minnesota law
governing granting of easements to governmental bodies, and shall bind and inure to the
benefit of the parties, their successors and assigns.
2
2. Creation of Upland Buffers on Lot 1, Block 1. At the time of construction on Lot 1,
Block 1, Roehl Heights, Hennepin County, Minnesota, Grantor, or its successors and
assigns, shall be responsible to create the upland buffers and install signage identifying the
location of the upland buffers in accordance with the plan (the “Plan”) attached hereto as
Exhibit D.
a. Financial Guarantee. In order to ensure completion of the required vegetative
buffer and signage and payment of any inspection costs due to the City under this
Agreement, prior to issuance of a building permit on Lot 1, Block 1, Grantor agrees
to deliver to the City a cash escrow (the “Financial Guarantee”) in the amount of
$3,000 which represents 150 percent of the estimated cost for the Plan. The
Financial Guarantee shall be held by the City until such time as required signage
has been installed and required vegetation has been established. The City shall
have the authority to utilize the Financial Guarantee to complete the Plan, to
reimburse the City for the cost of inspecting the Property to verify successful
completion of the Plan, or to pay any fees or costs due to the City from the Grantor.
The City agrees to release the Financial Guarantee upon a determination by the City
that the vegetation described in the Plan has been successfully established and
signage has been installed.
b. Responsibility for Costs. Grantor agrees to pay to the City a fee in the amount
necessary to reimburse the City for its costs and expenses in reviewing the Plan for
conformance with relevant regulations and also for inspecting the Property to verify
successful completion of the Landscape Plan. Grantor agrees to reimburse the City
in full for such costs within 30 days after notice in writing by the City.
3. Installation of Signage on Lot 1, Block 2. Grantor shall install signage to identify the
location of the upland buffers on Lot 1, Block 2, Roehl Heights, Hennepin County,
Minnesota, in accordance with the Plan.
4. The following terms and conditions shall apply to the Easement Area:
a. The Easement Area shall be preserved predominantly in its natural condition,
except to the extent set forth below. No use shall be made of the Easement Area
except uses, if any, which would not change or alter the condition of the Easement
Area or its drainage, water conservation, erosion control, soil conservation, or fish
and wildlife habitat and characteristics.
b. No structures, hardcover or other improvements shall be constructed, erected, or
placed upon, above or beneath the Easement Area, with the exception of a
boardwalk or dock not to exceed four feet in width to allow reasonable access to
the wetland.
c. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the
Easement Area except as is necessary to remove storm damage, diseased or non-
native vegetation or as authorized by the prior written consent of the City consistent
with the wetland preservation ordinance. A path no more than four feet in width
may be mowed to allow reasonable access to the wetland.
3
d. No earth, peat, gravel or soil, sand or any other natural material or substance shall
be moved or removed from the Easement Area and there shall be no dredging or
excavation of any nature whatsoever or any change of the topography of the
Easement Area without the prior written consent of the City.
e. No soil, sand, gravel or other substance or material as landfill shall be placed,
dumped or stored upon the Easement Area, and no waste, trash, yard waste, manure
or other materials shall be placed, dumped or stored upon the Easement Area
without the prior written consent of the City.
5. Grantor represents that Grantor owns the Easement Area in fee simple, subject only to the
encumbrances of record.
6. The Grantor conveys to the City and its successors and assigns, the following rights:
a. The City may enter upon the Easement Area for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed from the
Easement Area without any liability any structures, uses, materials, substances, or
unnatural matter inconsistent with the covenants contained herein and the natural
state of the Easement Area. The City shall provide notice and an order for
corrective action consistent with City regulations. If the Grantor does not take the
required corrective action, the City may enter the Property in order to perform the
action. In such case, the City shall send an invoice of its reasonable maintenance
costs to the Grantor, which shall include all reasonable staff time, engineering and
legal and other reasonable costs and expenses incurred by the City. If the Grantor
fails to reimburse the City for its costs and expenses within 30 days of receipt of an
invoice for such costs, the City shall have the right to assess the full cost thereof
against the Property. The Grantor, on behalf of itself and its successor and assigns,
acknowledges that the corrective work performed by the City benefits the Property
in an amount which exceeds the assessment and hereby waives any right to hearing
or notice and the right to appeal the assessments otherwise provided by Minnesota
Statutes, Chapter 429.
b. The City may bring an action in any court of competent jurisdiction against the
Grantor to enforce the terms of this Agreement; to require restoration of the
Easement Area to its prior or more natural condition; to enjoin such non-
compliance by temporary or permanent injunction and to recover any damages
arising from such non-compliance. If a court determines that the Grantor has failed
to comply with this Agreement, Grantor or Grantor’s successors or assigns shall
reimburse the City for any reasonable costs of enforcement, including costs of
restoration, court costs and reasonable attorneys’ fees, in addition to any other
payments ordered by the court.
7. Grantor hereby grants and conveys to the City a perpetual flowage easement and right and
privilege to trespass with water over and upon any or all of the Easement Area.
4
8. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related
to ownership, operation and maintenance of the Property and the Easement Area.
9. Grantor agrees to indemnify, defend and hold harmless the City, its officials, employees
and agents, against any and all loss, costs, damage and expense, including reasonable
attorneys’ fees and costs that the City incurs because of the breach of any of the above
covenants and/or resulting from or due to Grantor’s intentional misrepresentation of any
material fact contained therein. The Grantor and the City agree that each shall be
responsible for their own acts and the results of such acts and shall not be responsible for
the act of the other party and the results of such acts.
10. This Agreement may be amended only by mutual written agreement of the parties.
11. Nothing herein shall give the general public a right of access to the Property.
12. Any notice required in this Agreement shall be delivered personally or sent by U.S.
certified mail, return receipt requested:
a) as to Grantor The Estate of Robert Roehl
Attn: Jerome Roehl
PO Box 835
Walker, MN 56484
b) as to City City of Medina
2052 County Road 24
Medina, MN 55340
Attn: City Administrator
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
5
IN WITNESS WHEREOF, the parties to this Upland Buffer Easement Agreement have
caused these presents to be executed as of the day and year aforesaid.
ESTATE OF ROBERT J. ROEHL
Jerome T. Roehl, Personal Representative
STATE OF MINNESOTA )
) ss.
COUNTY OF _________________ )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2020, by Jerome T. Roehl, the Personal Representative of the Estate of Robert J. Roehl, on behalf
of the Estate.
Notary Public
6
CITY OF MEDINA
By
Kathleen Martin, Mayor
By
Scott T. Johnson, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2020, by Kathleen Martin and Scott T. Johnson, the mayor and city administrator-clerk,
respectively, of the city of Medina, a Minnesota municipal corporation, on behalf of the municipal
corporation.
Notary Public
This document drafted by:
City of Medina
2052 County Road 24
Medina, MN 55340
A-1
EXHIBIT A
Legal Description
The Property is legally described as follows:
Lot 1, Block 1 and Lot 1, Block 2, Roehl Heights, Hennepin County, Minnesota
B-1
EXHIBIT B
The Upland Buffer Easement is over that portion of the Property legally described as
follows:
An easement for upland buffer purposes over, under and across
C-1
EXHIBIT C
Site Plan of the Property Showing the Easement Area
D-1
EXHIBIT D
Landscaping Plan
Anderson/Oakwood Hill Page 1 of 3 October 6, 2020
Lot Rearrangement City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson
DATE: October 1, 2020
MEETING: October 6, 2020 City Council
SUBJ: Mike and Carolyn Anderson/Oakwood Hill LLC – 985/995 Medina Road -
Lot Line Rearrangement
Overview
Mike Anderson and Steve Hicks (on behalf of Oakwood Hill LLC) have requested approval of a
lot line rearrangement to adjust the lot line between two parcels at 985 and 995 Medina Road.
The home on 995 Medina Road (Anderson) is located close to Medina Road while the home on
985 (Oakwood) sits further to the south. The lots currently share a driveway which is located
close to the Anderson home. The rearrangement is intended to provide the 985 Medina Road
parcel with frontage to construct a driveway along the western edge of the properties. In
exchange for this land, land would be added to the eastern side of the 995 Medina Road parcel.
The following aerial describes the proposed rearrangement. The subject sites and surrounding
lands are guided and zoned rural residential.
Agenda Item # 8B
Anderson/Oakwood Hill Page 2 of 3 October 6, 2020
Lot Rearrangement City Council Meeting
Analysis
The proposed rearrangement results in additional property and suitable soils being added to the
995 Medina Road parcel, which is the smaller of the two lots.
The proposed lots meet the requirements of the RR zoning district, which are summarized in the
following table. Both existing parcels have fewer than five acres of contiguous suitable soils.
985 Medina Road has approximately 4.4 acre contiguous and 995 Medina Road has
approximately 1.53 acre. The rearrangement proposes to increase the lot which is most non-
conforming.
The house on 995 Medina Road existed before the property owner platted right-of-way for
Medina Road. A variance was granted in 2009 to reduce the front setback to 41 feet to allow for
the dedication of the Medina Road right-of-way. The proposed lot line rearrangement does not
change this situation.
The applicants have provided evidence of secondary septic locations on each property. Staff
requested this information to confirm that transferring some of the land would not result in one
of the lots not having two sites.
There are currently drainage and utility easements along the perimeter of each lot. Staff
recommends a condition that replacement easements be provided along the new proposed lot
lines. The drainage and utility easements remaining along the “old” property lines do not create
any issues, and the applicants have requested a vacation of these easements. A hearing is
scheduled for the October 20 meeting on the vacation, but staff proceeded with review of the lot
line rearrangement because it was requested earlier and to allow the applicants to provide more
time to begin construction on the new driveway this fall.
The City’s subdivision ordinance establishes the following criteria: “the City shall deny approval
of a preliminary or final plat if one or a combination of the following findings are made:
(a) That the proposed subdivision is in conflict with the general and specific plans of the city, or
that the proposed subdivision is premature, as defined in Section 820.28.
(b) That the physical characteristics of this site, including but not limited to topography,
vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are
such that the site is not suitable for the type of development or use contemplated.
(c) That the site is not physically suitable for the proposed density of development or does not
meet minimum lot size standards.
(d) That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage.
RR requirement 995 Medina Road
Anderson Parcel
985 Medina Road
Oakwood Parcel
Minimum Lot Area 5 acre cont. suitable 2.56 acre cont. suitable 3.37 acre cont. suitable
Gross Area NA 5.03 acres 33.9 acres
Front Setback 50 feet 42 feet 510 feet
Side Setback 50 feet 130 feet (shed)
50 feet (shed)
595 feet
Rear Setback 50 feet 325 feet (house)
50 feet (shed)
370 feet
Anderson/Oakwood Hill Page 3 of 3 October 6, 2020
Lot Rearrangement City Council Meeting
(e) That the design of the subdivision or the type of improvements are likely to cause serious
public health problems.
(f) That the design of the subdivision or the type of improvements will conflict with public or
private streets, easements or right-of-way.”
As noted, the lots both currently fall under the minimum lot size requirement of five acres of
contiguous suitable soils. However, the rearrangement proposes to improve the smaller of the
two lots. As such, staff recommends adoption of the attached resolution which would approve of
the lot rearrangement.
Potential Action
If the Council does not make any of the findings noted for denial above, staff would recommend
the following action:
Move to adopt the resolution approving a lot combination as attached to the staff report.
Attachments
1. Document List
2. Draft resolution
3. Survey displaying lots as proposed
10/1/2020
Project: LR-20-276 – Anderson/Hicks(Oakwood Hill LLC) Rearrangement and Vacation
The following documents are all part of the official record of the above referenced request, even if some documents are not attached, or are
only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall.
Documents Submitted by Applicant
Document Received Document
Date
Pages Electronic Paper
Copy?
Notes
Application 8/27/2020 8/27/2020 3 Yes Yes Signed by Oakwood 9/12/2020
Application-Vacation 9/28/2020 9/28/2020 3 Yes Yes
Deposit 8/27/2020 8/27/2020 1 Yes Yes $1000 from Anderson
Deposit 9/28/2020 9/26/2020 1 Yes Yes $1000 from Clark
Survey 8/27/2020 1 No Yes
Survey-updated 9/8/2020 9/8/2020 1 Yes Yes
Survey-updated 9/22 9/22/2020 9/22/2020 3 Yes Yes
Survey-updated 9/30 9/30/2020 9/30/2020 2 Yes Yes
Septic information 8/31/2020 4/3/2020 16 Yes Yes
Title Commitment-Anderson 9/22/2020 9/19/2020 8 Yes Yes
Title Commitment-Oakwood 9/22/2020 9/19/2020 8 Yes Yes
Title Commitment-Schmidt 9/22/2020 9/19/2020 8 Yes Yes
Documents from Staff/Consultants/Agencies
Document Document
Date
# of
pages
Electronic Notes
Legal Comments 9/29/2020 1 Y
Engineering comments N/A No comments
Preliminary Comments 9/11/2020 2 Y 5 pages w/ attachments
City Council Report 8/27/2020 3 9 pages w/ attachments
10/1/2020
Public Comments
Document Date Electronic Notes
Resolution No. 2020-##
DATE
Member __________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2020-##
RESOLUTION APPROVING A LOT LINE REARRANGEMENT OF
985 AND 995 MEDINA ROAD
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Michael W. Anderson and Carolyn G. Anderson (the “the Andersons”) own
property located at 995 Medina Road (the “Anderson Parcel”), which is legally described as:
Lot 1, Block 1, Green Pastures Farm, according to the recorded plat thereof, Hennepin
County, Minnesota; and
WHEREAS, Oakwood Hill, LLC (“Oakwood”) owns property located at 985 Medina
Road (the “Oakwood Parcel”), which is legally described as:
Lot 2, Block 1, Green Pastures Farm, except the North 225 feet of the East 208 feet of
said Lot 2, Hennepin County Minnesota; and
WHEREAS, the Anderson Parcel and Oakwood Parcel are collectively referred to herein
as the “Property”; and
WHEREAS, the Andersons and Oakwood are collectively referred to herein as the
“Owners”; and
WHEREAS, the Owners have requested approval of a lot line rearrangement of the
common lot lines between the Anderson Parcel and the Oakwood Parcel; and
WHEREAS, the proposed lot line rearrangement would result in two parcels of land
which are proposed to be legally described as displayed in Exhibit A, attached hereto; and
WHEREAS, the City Council reviewed the requested lot line rearrangement at the
October 6, 2020 meeting and reviewed information and recommendation provided by City staff
and accepted testimony of interested parties; and
WHEREAS, following such review the City Council made the following findings:
1) The proposed rearrangement is not in conflict with the general and specific plans of
the City and is not premature.
2) The existing lots do not meet the minimum lot size requirements, but the proposed
rearrangement results in the smaller of the two lots being increased in size. On
balance, this action results in an improved situation and serves the purposes of the
city zoning and subdivision regulations.
Resolution No. 2020-## 2
DATE
3) The lots resulting from the rearrangement are suitable for the type of use
contemplated and the rearrangement is otherwise not in conflict with the findings
noted in Subd. 10 of Section 820.21 of the City Code.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves the lot line rearrangement such that the resulting parcels shall be legally
described as shown in Exhibit A, attached hereto, subject to the following conditions:
1) Approval shall be conditioned upon execution and recordation of deeds conveying the
land between the Owners.
2) The Owners shall execute drainage and utility easements along the newly created
perimeter of each lot.
3) The Owners shall provide proposed legal descriptions for the rearranged lots in electronic
format for use in documents.
4) The Owners shall abide by the directions of the City Attorney related to title and
recording matters.
5) The conveyance and lot line rearrangement shall be effectuated within 180 days of the
date of this resolution or the approval shall be considered void, unless a written request
for time extension is submitted by the applicant and approved by the City Council.
6) The Owners shall pay to the City a fee in the amount sufficient to pay for all costs
associated with the review of the lot line rearrangement.
Dated: .
By: ______________________
Kathleen Martin, Mayor
Attest:
By: ___________________________
Jodi M. Gallup, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member _____
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. 2020-## 3
DATE
EXHIBIT A
Legal Description of Property After Lot Line Rearrangement
Ordinance Amendment Page 1 of 3 October 6, 2020
ISTS Regulations City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson
DATE: September 30, 2020
MEETING: October 6, 2020 City Council
SUBJ: Ordinance Amendment – ISTS regulations
Summary
City Code section 720 regulates Individual Sewage Treatment Systems (ISTS), or septic systems,
pursuant to Minnesota Rules. Minnesota Rules permit a City to adopt more restrictive standards,
but not less restrictive. Section 720 includes several provisions which are more restrictive.
Staff is recommending the following changes to the City’s Code:
1) Remove requirement that every design include percolation tests (perc tests)
2) Remove requirement for minimum of two 1000-gallon septic tanks
3) Technical corrections including statutory references
Percolation Tests
One of these additional provisions contained in the City’s ordinance is the requirement for
designers to submit percolation tests along with other required information. This requirement
has been in the City’s septic regulations for decades.
The main benefit of a perc test is to determine how the native grounds ability to infiltrate water
has been affected by traffic or construction. The City Building Official does not believe
percolation tests are necessary in all cases. He believes the Building Official and the designer
will know when a perc test is necessary based upon site characteristics.
City staff has received comments from septic designers that Medina is the only City to require
perc tests, which significantly increases the time and cost for completing a design. The designers
have also noted the results of the perc tests do not tend to contribute to their design work. The
state provides conservative assumed percolation rates for different soil findings based upon
research. Designs generally utilize the state table because it is more conservative and there is
less liability.
The proposed amendment would remove the requirement that all designs include perc tests.
Designers may still choose to do them and the Building Official may still require them based on
site characteristics identified during review. These changes are contained in Section III and V of
the attached ordinance, highlighted in green.
Two Septic Tank Requirement
State rules include minimum requirements for septic tank capacity based upon the number of
bedrooms and projected sewage flow. The rules also allow larger, compartmentalized tanks
rather than individual tanks.
Agenda Item # 8C
Ordinance Amendment Page 2 of 3 October 6, 2020
ISTS Regulations City Council Meeting
The City’s ordinance requires a minimum of two 1000-gallon septic tanks. This capacity is
equivalent to the state’s requirement for a 6 or 7 bedroom home. The following table is required
by Minnesota Rules:
The City’s previous Building Official advocated the two 1000-gallon tank requirement because
he believed it provided improved opportunity for solids to settle before being discharged to the
pump tank, and ultimately to the drainfield. The City’s current Building Official believes the
septic tank and baffle design has improved in recent years and would be in favor of reverting to
the state regulations. The Building Official notes that especially in situations where a septic
system is being replaced on a smaller lot, it is often difficult to accommodate three 1000-gallon
tanks (2 septic tanks and a pump tank).
The attached ordinance includes this change in Section II, highlighted in grey.
Technical Changes
State Rules requires that the City submit the ordinance to the Minnesota Pollution Control
Agency (MPCA) for review upon any proposed amendments. The MPCA did not have
comments related to the substantive changes related to removing the perc test requirements or the
additional tank requirements. However, the MPCA did suggest a number of technical changes,
especially related to inaccurate references in the ordinance to state rules. These changes are
highlighted in yellow and include:
1. Section 720 currently includes an erroneous reference to state rules. Operating permits
are required for Type IV and Type V systems under the rules. Medina’s ordinance
currently reads Type III and Type IV. This correction is at the bottom of page 4/top of
page 5.
2. Statutory references on page 1 of the ordinance. The MPCA also recommended adding
language reiterating the owners of septic systems are required to maintain systems based
upon its management plan. This language is also included on page 1.
3. Update reference to “licensed maintainer” rather than “licensed liquid waste hauler” on
page 3
Planning Commission Recommendation
The Planning Commission held a public hearing on the proposed changes at the September 8
meeting. An excerpt from the hearing is attached.
No one spoke at the hearing. After a brief discussion, the Planning Commission unanimously
recommended approval of the ordinance.
Ordinance Amendment Page 3 of 3 October 6, 2020
ISTS Regulations City Council Meeting
Potential Action
After the Council completes review, it could consider the following actions:
1. Move to adopt the ordinance amending individual sewage treatment system permit
requirements.
2. Move to adopt the resolution authorizing publication by title and summary
Attachments
1. Draft Ordinance
2. Resolution authorizing publication by title and summary
3. Excerpt from draft September 8, 2020 Planning Commission minutes
Ordinance No. ### 1
DATE
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE AMENDING INDIVIDUAL SEWAGE TREATMENT SYSTEM
PERMIT REQUIREMENTS; AMENDING CHAPTERS 7 AND 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 720.07 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language as follows:
Section 720.07. General Provisions Required by State Rules.
Subd. 1. Technical Standards. Except as explicitly modified in this section, the technical
standards and criteria in Minnesota Rules 7080.1017 to 7080.2400 and Minnesota Rules
7081.0110 to 7081.0290 are hereby specifically adopted.
Subd. 2. Surface discharge prohibited. Surface discharge of sewage from SSTS is prohibited
unless a national pollution discharge elimination system permit is issued by the Minnesota
Pollution Control Agency (MPCA).
Subd. 3. Proper sewage treatment required. All sewage generated in areas of the City not
served by municipal sanitary sewer shall be treated and dispersed by an approved SSTS that is
sited, designed, installed, operated, and maintained in accordance with the provisions of this
Section or by a system that has been permitted by the MPCA.
Subd. 4. Licensing. No person shall engage in site evaluation, inspection, design, installation,
construction, alternation, extension, repair, maintenance, or pumping of SSTS without an
appropriate and valid license issued by MPCA in accordance with Minnesota Rules, Chapter
7083 except as exempted in 7083.0700.
Subd. 5. Two sites required for all new lots. All lots created after January 23, 1996 shall
include a minimum of two soil treatment and dispersal areas that support systems as described in
Minnesota Rules, Chapter 7080.2200 to 7080.2230 or site conditions described in Minnesota
Rules, Chapter 7081.0270, subp. 3 to subp. 7.
Subd. 6. SSTS Abandonment. Any SSTS, or part thereof, which will no longer be used shall
be abandoned consistent with the requirements of Minnesota Rules, Chapter 7080.2500.
Subd. 7. Management Plans Required. All new or replacement SSTS shall require a
Management Plan consistent with the requirements of Minnesota Rules, Chapter
70807082.0600, Subp. 1. All SSTS with a Management Plan shall abide by the requirements of
the Management Plan.
Subd. 8. Removal of Solids Every Three Years. All systems which are not operated under an
Operating Permit or a Management Plan as described herein shall be assessed at least one time
every three years to determine the need to remove solids from septic tanks. Solids shall be
removed if necessary based on Minnesota Rules, Chapter 7080.2450.
Ordinance No. ### 2
DATE
Subd. 9. Class V Injection wells. All owners of new or replacement SSTS that are considered
to be Class V injection wells, as defined in the Code of Federal Regulations, title 40, part 144,
are required by the federal government to submit SSTS inventory information to the United
States Environmental Protection Agency as described in CFR40 part 144. Further, owners are
required to identify all Class V injection wells in property transfer disclosures.
Subd. 10. Bedroom Additions. The City shall not issue a building permit or variance for a
bedroom addition on property served by a system unless the SSTS is in compliance with
applicable requirements, as evidenced by a certificate of compliance. A local unit of government
is authorized to temporarily waive the certificate of compliance requirement in this item for a
bedroom addition permit for which application is made during the period from November 1 to
April 30, provided a compliance inspection of the system is performed by the following June 1
and the applicant submits a certificate of compliance by the following September 30.
Subd. 11. SSTS in Floodplains. SSTS shall not be located in a floodway and wherever
possible, location within any part of a floodplain should be avoided. If no option exists to locate
a SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements in
Minnesota Rules, Chapter 7080.2270 and all relevant local requirements are met.
SECTION II. Section 720.09 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language as follows:
Section 720.09. Deviations from Adopted Standards and More Restrictive Standards.
Subd. 1. Minnesota Rules, Chapter 7080.1930 is modified by requiring at least two septic tanks
with a minimum capacity of 1,000 gallons each. RESERVED
Subd. 2. Minnesota Rules, Chapter 7080.2100, subp. 2(C) is modified to require a pump tank
with a minimum capacity of 1,000 gallons.
Subd. 3. All soil treatment areas shall be protected before, during and after construction on the
lot. The method of protection of the additional soil treatment area shall be approved by the City of
Medina Building Official and may include, but is not limited to, snow fencing, permanent fencing
and silt fencing.
Subd. 4. No building permit shall be issued for construction on any property if such construction
negatively impacts one of the two required soil treatment areas that can accommodate a standard
ISTS, unless it can be shown that such treatment area can be replaced upon the property.
Subd. 5. Tanks and soil treatment and dispersal areas shall be setback a minimum of 75 feet
from wetlands.
Subd. 6. All SSTS with a pump shall include an alarm within the structure served to warn of
failure.
Ordinance No. ### 3
DATE
Subd. 7. Holding Tanks.
(a) Holding tanks in compliance with Minnesota Rules 7080.2290 may only be allowed in
the following circumstances:
(1) As replacement for existing failing SSTS or for SSTS that pose an imminent threat
to public health or safety.
(2) For construction on lots existing as of March 26, 2015 where it can be shown
conclusively that a SSTS cannot feasibly be installed.
(3) For buildings with limited water use, with the exception that dwellings shall not be
connected to holding tanks unless meeting (1) or (2) above.
(4) For floor drains within a structure.
(b) In addition to conditions of an Operating Permit as described in this Section, use of
holding tanks shall be subject to the following conditions:
(1) An alarm shall be installed on the holding tank(s) which indicates when one day’s
use remains in the tank(s).
(2) The owner shall maintain a valid contract with a licensed liquid waste
haulermaintainer to pump and haul the holding tank to a licensed treatment facility.
(3) The pumper shall certify each date the tank is pumped, the volume of the waste
removed, the treatment facility to which the waste was discharged, and the water
meter reading at the time of pumping. These records shall be maintained by the
owner, and shall be provided upon request to the City.
(4) Any dwelling served by holding tanks shall require a minimum of two tanks.
(5) The owner shall install a remote reading water meter to record indoor water use.
(6) The holding tank shall be regularly pumped, no less frequently than bi-weekly or
other regular schedule agreed upon with the City.
(7) A holding tank that is solely used for floor drains shall not be subject to the
requirements of Subd. 7(b) (3)-(6), above.
Subd. 8. Allowed Reduction in the Vertical Separation for Existing System Compliance.
As permitted by Minnesota Rules 7080.1500 Subp. 4, an existing ISTS which was designed and
constructed with a three-foot separation distance shall be allowed a maximum of a 15 percent
reduction in vertical separation distance to account for settling of sand or soil, normal variations
of measurements, and interpretations of the limited layer conditions.
SECTION III. Section 720.15 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language as follows:
Section 720.15. Construction Permit. It shall be unlawful for any person to construct, install,
modify or replace a SSTS without obtaining a permit from the City.
Subd. 1. Activities requiring a permit. A construction permit is required for installation of a
new SSTS, for replacement of an existing SSTS, or for any repair or replacement of components
that will alter the original function of the system, change the treatment capacity of the system,
change the location of the system, or otherwise change the original system’s design, layout, or
function.
Ordinance No. ### 4
DATE
Subd. 2. Activities not requiring a permit. A construction permit is not required for the
following minor repairs or replacements of system components that do not alter the original
function of the system:
(a) Repair or replacement of pumps, floats or other electrical devices of the pump;
(b) Repair or replacement of baffles in the septic tank;
(c) Installation or repair of inspection pipes and manhole covers; or
(d) Repair or replacement of the line from the building to the septic tank.
Subd. 3. Permit Application Requirements. Applications shall be made on forms provided by
the City and shall involve the following:
(a) Site Evaluation Report;
(b) Detailed soil descriptions within soil treatment areas;
(c) If determined necessary by the Building Official based upon site characteristics, Ttwo
sets of percolation tests for the primary and secondary site;
(d) Design Report;
(e) Management Plan; and
(f) Any other information requested by the City to confirm compliance with relevant
regulations and to ensure protection of the public health, safety, and welfare.
Subd. 4. Installation and Inspection Requirements.
(a) No changes may be made to the approved design without approval of the amended
design.
(b) All tests and data required by the City inspector shall be provided.
(c) The installer shall provide an accurate as-built at the time of final inspection.
(d) The installer shall test any pumps and alarms at the time of final inspection.
Subd. 5. Permit Expiration. A Construction Permit shall be valid for a period of no more than
one year from the date of issuance.
Subd. 6. Permit Suspension or Revocation. The City may suspend or revoke a Construction
Permit issued under this section for any false statements, misrepresentations of facts on which
the Construction Permit was issued, or unauthorized changes to the system design that alter the
original function of the system, change the treatment capacity of the system, change the location
of the system, or otherwise change the original system’s design, layout, or function. A notice of
suspension or revocation and the reasons for the suspension or revocation shall be conveyed in
writing to the permit holder. If suspended or revoked, installation or modification of a treatment
system may not commence or continue until a valid Construction Permit is obtained.
SECTION IV. Section 720.17 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language as follows:
Section 720.17. Operating Permit.
Subd. 1. Operating Permit Required. An Operating Permit in compliance with Minnesota
Rules 7082.0600 subp. 2 shall be required for:
(a) Type III IV Systems, as described in Minnesota Rules 7080.2350;
Ordinance No. ### 5
DATE
(b) Type IV Systems, as described in Minnesota Rules 7080.2400;
(c) MSTS, as described in Minnesota Rules 7081; and
(d) Holding Tanks.
Subd. 2. Operating Permit Requirements. An Operating Permit shall specify the following,
which shall be reviewed by the City and approved only if compliant with relevant regulations:
(a) Maintenance requirements, including frequency;
(b) System operational and performance requirements;
(c) Monitoring requirements;
(d) Compliance limits and compliance boundaries;
(e) Reporting frequency;
(f) Disclosure of the location and condition of the soil treatment and dispersal system, if
applicable;
(g) Stipulation of acceptable and prohibited discharges;
(h) Executed contract between the owner and a licensed maintenance contractor; and
(i) A requirement that the permittee notify the City when permit requirements are not met.
Subd. 3. Transfer of Operating Permit.
(a) The Operating Permit shall be recorded against the title of the subject property and shall
bind successors in title for the term of the permit.
(b) With the exception of a sale as described above, the Operating Permit may not be
transferred without prior approval by the City.
Subd. 4. Suspension or Revocation.
(a) The City may suspend or revoke any Operating Permit issued under this section for any
false statements or misrepresentations of facts on which the Operating Permit was issued
or for failure to comply with the terms and conditions of the Operating Permit.
(b) Notice of suspension revocation and the reasons for revocation shall be conveyed in
writing to the owner.
(c) If suspended or revoked, the City may require that the treatment system be removed from
service, operated as a holding tank, or abandoned.
(d) At the City’s discretion, the Operating Permit may be reinstated or renewed upon the
owner taking appropriate corrective actions.
SECTION V. Section 820.25 of the code of ordinances of the City of Medina is amended by
deleting the struck through language and adding the underlined language as follows:
Section 820.25. Data for Preliminary Plat. Each Preliminary Plat shall contain the following
information.
Subd. 1. Identification and Description. Proposed name of subdivision, which name shall
not duplicate or be alike in pronunciation with the name of any plat recorded in the County.
(a) Legal description of the subdivision and a survey prepared and certified by a surveyor
registered in the State of Minnesota.
Ordinance No. ### 6
DATE
(b) Key Map showing location of the subdivision and property for at least 660 feet adjacent.
(c) Names and addresses of the owner, subdivider, surveyor and designer of the
subdivision.
(d) North point.
(e) Date of preparation.
(f) Approval by the subdivision owner.
(g) Scale of one inch equals 100 feet or larger.
Subd. 2. Existing Conditions. The following existing conditions must be shown:
(a) Boundary line of proposed subdivision, clearly indicated.
(b) Existing zoning classification.
(c) Total approximate area of each zoning classification.
(d) Location, widths and names of all existing or previously platted streets or other public
ways, showing type, width and condition of improvements, if any, railroad and
utility rights-of-way, parks and other public open spaces, permanent buildings and
structures, easements, and section and corporate lines both within the subdivision
and to a distance of 100 feet beyond the subdivision.
(e) Location and size of existing sewers, water mains, culverts or other underground
facilities both within the subdivision and to a distance of 100 feet beyond the tract.
Such data as grades, invert elevations and locations of catch basins, manholes and
hydrants, shall be shown only on request.
(f) The boundary lines of adjoining unsubdivided or subdivided land, within 100 feet of the
proposed subdivision and the record owner thereof.
(g) Topographic data shall be required of the proposed subdivision and out to 50 feet
beyond boundaries of the plat at contours at vertical intervals of not more than two
feet. Additional topographic data up to 300 feet beyond the subdivision boundaries
shall be furnished upon City Engineer recommendation.
(h) The types, boundaries and the amount of suitable soils for each lot on the plat set forth
by a soil series map that references designations made by the most current Hennepin
County Soil Survey. In rural areas, suitable soils must be calculated for each parcel,
including the existing parcel and for each type of soil.
(i) Wetland data shall be required and must consist of a wetland delineation report which
identifies all wetlands, ponds, lakes, waterways, floodplains and shorelines. The
owners or subdividers shall submit to the Zoning Administrator office three (3)
copies of the full wetland delineation report for consideration with the preliminary
plat. Any area located in the areas set forth by this provision shall not be considered
in the calculation for contiguous soils in rural areas.
Ordinance No. ### 7
DATE
(j) Floodplain information shall be provided to the Zoning Administrator for consideration
with the preliminary plat and delineated on the preliminary plat for review. The
preliminary plat shall follow the regulations in section 826.86 subdivisions 1-3 with
regard to floodplain management. All areas in the floodplain shall be established
and those areas may not be included in the calculation for contiguous suitable soils
in rural areas.
(k) The primary and secondary septic sites shall be designated for rural areas. and
percolation tests shall be provided for both sites. The sites must be within the areas
shown as having contiguous suitable soils. Two (2) copies of the percolation tests
must be submitted to the Zoning Administrator for consideration with the
preliminary plat for review and approval. The Zoning Administrator has the
authority to accept or deny the results of the percolation tests and/or the septic
locations on any lot. The septic system design and construction must follow section
720 Individual Sewage Treatment Standards.
(l) Soils types information shall be provided by the owner or subdivider to the Zoning
Administrator for consideration with the preliminary plat. This information shall
consist of two (2) copies of the soil boring logs and the soils designations for the
areas within the plat as set forth by the most current Hennepin County Soils Survey.
In the event that the owner or subdivider is of the opinion that the soils types
designated by the most current Hennepin County Soils Survey are inaccurate by type
or location, he or she shall include information with respect to the inaccuracies in the
submittal. The Zoning Administrator has the authority to accept or deny the results
of the soil borings. Based on the information submitted and any other relevant
information, the Zoning Administrator shall calculate the final acreage amount of
contiguous suitable soils for each lot.
Subd. 3. Subdivision Design Features. The following Subdivision Design Features shall be
provided:
(a) Layout of proposed streets, showing right-of-way widths and proposed names of streets.
The name of any street heretofore used in the City or its environs shall not be used,
unless the proposed street is an extension of an already named street, in which event
the same shall be used.
(b) Locations and widths of proposed alleys, pedestrian ways and utility easements.
(c) Proposed street and alley centerline profile grades showing approximately both existing
and proposed centerline profile grade lines.
(d) Proposed location and size of storm and sanitary sewer lines and water mains and
proposed gradient of sewer lines.
(e) Proposed storm and sanitary sewer point of discharge or connection to existing systems
and water main connection or source of supply.
Ordinance No. ### 8
DATE
(f) Layout, numbers and preliminary dimensions of lots and blocks.
(g) Minimum front, side and rear building setback lines, indicating dimensions.
(h) Areas, other than streets, alleys, pedestrian ways and utility easements intended to be
dedicated or preserved for public use, including the size of such area or areas in
acres.
(i) A separate draft of all proposed restrictive covenants, if they are to be used, for the
preliminary plat.
Subd. 4. Other Information. The following additional information shall be provided.
(a) Provision for surface water disposal, drainage, and flood control.
(b) If any zoning changes are contemplated, the proposed zoning plan for the areas.
(c) Where the subdivider owns property adjacent to that which is being proposed for the
subdivision, the Planning Commission shall require that the subdivider submit a
sketch plan of the remainder of the property so as to show the possible relationships
between the proposed subdivision and the future subdivision. In any event, all
subdivisions shall be shown to relate well with existing or potential adjacent subdivi-
sions.
(d) Potential resubdivision and use of excessively deep or wide (over 200 feet) lots shall be
indicated.
(e) Such other information as may be requested by the Zoning Administrator or Planning
Commission.
SECTION VI. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this th day of , 2020.
______________________________
Kathleen Martin, Mayor
Attest:
___________________________________
Jodi M. Gallup, City Clerk
Published in the Crow River News on the _____day of __________, 2020.
Resolution No. 2020-##
DATE
Member ______________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2020-##
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. ###BY TITLE AND SUMMARY
WHEREAS, the city council of the City of Medina has adopted Ordinance No. ###, an
ordinance amending individual sewage treatment system permit requirements; and
WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publications by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is eight pages in length; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina
that the city clerk shall cause the following summary of Ordinance No. ### to be published in the
official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the City of Medina has adopted Ordinance No. ###, an ordinance amending
individual sewage treatment system permit requirements. The ordinance removes the requirement
for percolation tests for all designs and the requirement for a minimum of two 1,000 gallon septic
tanks. The ordinance also makes various technical changes related to statutory references.
The full text of the ordinance is available from the city clerk at Medina city hall during regular
business hours.
BE IT FURTHER RESOLVED by the city council of the City of Medina that the city
clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post
a full copy of the ordinance in a public place within the city.
Dated:
______________________________
Kathleen Martin, Mayor
ATTEST:
_________________________________
Jodi M. Gallup, City Clerk
Resolution No. 2020-## 2
DATE
The motion for the adoption of the foregoing resolution was duly seconded by member ______
upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Medina Planning Commission Excerpt from DRAFT 9/8/2020 Meeting Minutes
1
Public Hearing – Ordinance Amendment – Chapters 7 and 8 of the City Code Related
to Individual Sewage Treatment Systems
Finke stated that there are three changes proposed to the ordinance which came forward as part of the
percolation requirements. He explained that Medina is the only community around that requires
percolation tests for every septic design. He stated that the Building Official has stated that it is
unnecessary for all designs to incorporate this test. He noted that the proposed amendment would
only require the percolation test if deemed necessary by the Building Official. He reviewed the
current requirement for septic tanks, noting that is above the requirement of State Code. He stated
that the Building Official has recommended that the City revert to the State minimum for septic tanks.
He stated that the final change is a correction of an error of the ordinance when originally approved,
noting the proposed change in roman numerals.
Nielsen asked the cost of a percolation test.
Finke estimated between $500 to $800 for one site.
Nielsen asked if there have been any residents that have run into a problem with the size requirements
for tanks.
Finke confirmed that there have been a few sites where it has been difficult to fit both tanks and the
Building Official has allowed one single compartmentalized tank in those situations.
Reid opened the public hearing at 7:17 p.m.
No comments.
Reid closed the public hearing at 7:18 p.m.
Motion by Galzki, seconded by Couri, to recommend approval of the ordinance amending
individual sewage treatment system permit requirements.
A roll call vote was performed:
Nielsen aye
Galzki aye
Piper aye
Grajczyk aye
Couri aye
Popp aye
Reid aye
Motion carries unanimously.
October __, 2020
Chief
RE: Medina Fire Contracts
Dear Fire Chief,
The City of Medina is working with Matrix Consulting to explore the best way to provide fire services to
serve our growing City. In its draft report presented at the September 15, 2020 Medina City Council
Work Session, Matrix recommended the development of a joint powers agreement to provide fire and
emergency response services on a regional basis to Medina and neighboring cities. This approach would
allow regional sharing of equipment and personnel resources under the governance of a board of
representative elected officials, the sharing of costs among solid financial partners (surrounding cities)
and permit us to safeguard the continued delivery of effective emergency services to the residents of
Medina and its neighbors in a time when recruiting , training and retaining volunteer firefighters has
become more challenging.
We want to respond positively to this opportunity to explore the possible transition to a joint powers
agreement or fire district. Our hope is that many if not all of the chiefs and the firefighters would want
to continue their good work through the joint powers agreement and/or a future fire services taxing
jurisdiction arrangement, and we have asked all four of the fire departments that serve Medina to
participate in planned discussions to evaluate both the merits and challenges of this regional approach
to service delivery.
We propose the following contract amendments consistent with a regional fire services approach:
1. That we amend the existing contract between Medina and your department to provide that
termination without cause can occur upon one-year’s advance notice and that the contract will
automatically renew (unless terminated per the provision below) for successive one-year
periods.
2. That we amend the contract to include a mutual agreement clause to permit transition, upon
thirty-days advance agreement, to a joint powers agreement and/or a future fire services taxing
jurisdiction.
We welcome your thoughts on this proposal and look forward to working with you on a regional
approach for fire services in Medina and the surrounding communities.
Agenda Item # 8D
I will contact you shortly to discuss the next steps.
Very truly yours,
Scott Johnson
City Administrator
1
ME230-1A-677257.v2
Kennedy Ronald H. Batty
150 South Fifth Street, Suite 700
Minneapolis MN 55402
&
Graven (612) 337-9262 telephone
(612) 337-9310 fax
rbatty@kennedy-graven.com
http://www.kennedy-graven.com
C H A R T E R E D
MEMORANDUM
To: Honorable Mayor and Council Members
From: Ron Batty, city attorney
Date: October 1, 2020
Re: Conditions allowing a return to in-person meetings
This is another in a series of memoranda I have prepared outlining why the city is conducting its
meetings exclusively in a virtual format and under what conditions that could change.
Minnesota Statutes, Chapter 13D, (the Open Meeting Law), provides that all meetings of public bodies
must be open to the public, subject to limited exceptions. One of the rarely used exceptions is
section 13D.021, which allows meetings to be conducted partially or wholly by telephone or other
electronic means in the event of a health pandemic or an emergency declared under Minnesota Statutes,
Chapter 12. On March 11, 2020, the World Health Organization declared the COVID-19 outbreak to
be a health pandemic. On March 13, 2020, President Trump declared a national state of emergency as
a result of the pandemic. On March 13, 2020, Governor Walz issued Executive Order 20-01, which
declared a state of peacetime emergency to address the COVID-19 pandemic in Minnesota. On
March 16, 2020, Mayor Kathleen Martin issued Mayoral Declaration No. 2020-1, a declaration of local
emergency under the authority granted to mayors in Minnesota Statutes, section 12.29. On March 17,
2020, the city council by resolution extended the mayor’s declaration of local emergency until further
action by the city council.
On March 16, 2020, Mayor Martin also issued a Statement and Determination Regarding Conducting
meetings by Telephone or Other Electronic Means whereby she determined that it was not practical or
prudent to hold meetings in person or by interactive television because of the pandemic. Since that
date all meetings of the city council and all boards and commissions of the city have been conducted
exclusively by telephone.
Holding meetings by telephone or other electronic means may occur in one of two ways. Meetings
may be held partially by telephone or other electronic means so long as at least one member of the body
or the chief administrative officer or the chief legal counsel is physically present at the regular meeting
location. Members of the public may or may not also be allowed to attend in person. All other members
of the body and other members of the public are permitted to attend by telephone. This is not the option
Agenda Item # 9A
2
ME230-1A-677257.v2
Medina chose. The statute also allows meetings to be completely by telephone or other electronic
means with no persons physically present if the mayor, city administrator or city attorney determines
that in-person attendance at the regular location is not feasible due to the pandemic or emergency.
Mayor Martin’s order makes this determination and, accordingly, all meetings since mid-March have
been completely virtual.
On June 5, 2020, Governor Walz issued Executive Order-74, the Stay Safe MN order, which replaced
the Stay Home order. EO-74 made clear that meetings of governmental bodies are not subject to a stay
home requirement, but it did repeat several recommendations from EOs -53 and -55. Those previous
orders “strongly recommend” that governmental meetings be conducted remotely and that “at risk”
persons stay home. Persons considered at risk include those 65 or older or with underlying health
conditions. Returning to any form of in-person meetings is only allowable if social distancing can be
achieved. That might be a challenge given the small size of the Medina council chambers or unless
another venue is chosen.
On July 22, 2020, Governor Walz signed Executive Order 20-81, which makes clear that meetings of
the state Legislature are not subject to the mandatory mask order issued previously. However, that
exemption does not apply to other governmental bodies. If the city adopts a hybrid form for its meetings
in which some persons are allowed to be present physically at city hall, everyone in the room, including
council members, staff and the public, will be required to wear a mask except when “testifying,
speaking or performing.” Social distancing would also have to be maintained by all attendees. A return
to in-person meetings would also require that the Mayor’s March 16 Statement and Determination be
revoked or modified.
The Mayor’s declaration about electronic meetings applies to all city boards and commissions. If a
decision is made that the city council may return to some form of in-person meetings and the mayor’s
declaration is modified accordingly, that would apply to other city bodies as well. Also, once that
determination is made, the city would not be able to return to electronic-only meetings without another
revision in the mayor’s order, presumably based on a subsequent change in circumstances.
The city will be required to return to in-person meetings when all the legal underpinnings of the
Mayor’s Statement and Determination are removed. That would include the pandemic and the state
and local emergency declarations. The Governor’s state-wide emergency has been extended several
times, most recently until mid-October. If the Governor wishes to extend it in the future, he will need
to call a special session of the legislature every 30 days and give it the opportunity to decline to extend
the emergency. It takes action by both chambers to end the emergency. If and when the Governor’s
emergency declaration is no longer in place, the city would need to consider whether there remained
any basis for continuing its local emergency. If there were no emergency declaration in place, the only
basis for continuing telephone or electronic meetings would be the existence of a health pandemic.
There is no definition in state law of a health pandemic and no certainty as to who has the authority to
declare one. There would need to be some credible basis to say a health pandemic continued to exist.
If a determination is made that city council and other meetings may be held entirely or partially
in-person, the city should review its COVID-19 Preparedness Plan to ensure that there are adequate
protocols and procedures in place to effectively manage occupancy, direct movement, etc., prior to any
meeting being held with any person being physically present at the meeting location.
Planning Department Update Page 1 of 2 October 6, 2020
City Council Meeting
MEMORANDUM
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director; through City Administrator Scott Johnson
DATE: October 1, 2020
SUBJ: Planning Department Updates – October 6, 2020 City Council Meeting
Land Use Application Review
A) Meadow View Townhomes– north of Highway 55, west of CR116 – Lennar has requested
final plat approval to develop 125 townhomes on approximately 20 net acres. The Council
adopted documents of approval on September 15. Staff has conducted a preliminary review
and requested revisions. The applicant is tentatively scheduled for review at the October 20
meeting. The applicant has requested a grading permit for the site, and staff intends to
present an agreement related to the grading for Council approval at the October 6 meeting.
B) Roehl Final Plat – 1735 Medina Road – The Estate of Robert Roehl has requested a
preliminary plat to subdivide 28 acres into two lots. The City Council granted preliminary
plat approval on June 16. The applicant has requested final plat approval. Staff intends to
present to Council at the October 6 meeting.
C) Anderson/Hicks Rearrangement and Easement Vacation – 995 and 985 Medina Road –
The owners have requested a lot line rearrangement between the two lots and to vacate the
easements along the property lines being moved. Staff intends to present the lot line
rearrangement at the October 6 meeting and has schedule a public hearing for the easement
vacation for October 20.
D) Holy Name Lake Estates – north of Pinto Drive, northwest of Holy Name Lake – Donavon
DesMarais has requested preliminary plat approval for a six-lot rural subdivision. The
applicant also requests a variance from the maximum cul-de-sac length to expend Pinto
Drive to serve the site. Staff is conducting a preliminary review and will schedule a public
hearing when complete, potentially at the October 13 or November 10 Planning
Commission meeting.
E) Deer Hill Preserve 4th Addition – Property Resources Development Corporation has
requested final plat approval for the 4th Addition, which is proposed to include six lots.
Staff has conducted preliminary review and requested changes. The application will be
presented to Council when information is updated, potentially at the October 20 meeting.
F) 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. Staff is conducting a preliminary review
and will schedule a public hearing when complete, potentially at the November 10 Planning
Commission meeting.
G) Schwarz Accessory Dwelling Unit – 1425 County Road 24 – Chaid and Jessica Schwarz
have requested a conditional use permit to convert an existing home to an accessory
dwelling unit to allow construction of a new home on their property. The CUP would also
permit three accessory structures on the site. Staff is conducting a preliminary review and
will schedule a public hearing when complete, potentially at the November 10 Planning
Commission meeting.
Planning Department Update Page 2 of 2 October 6, 2020
City Council Meeting
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) Ditter Subdivision – 2032-2052 Holy Name Drive – Tom and Jim Ditter have requested
Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and Interim Use Permit to
replat their existing four lots into five lots. The City Council adopted documents of
approval on September 15. Staff will submit the Comprehensive Plan Amendment for Met
Council review after the expiration of the jurisdictional review period.
J) Brugger Home Occupation CUP – 1345 Elsinore Circle – Kayla Brugger has requested a
CUP to offer fitness instruction out of her home, in addition to sessions offered in client
homes or virtually. A public hearing was held at the August 12 Planning Commission
meeting and the Commission unanimously recommended approval. The City Council
adopted a resolution for approval at the September 15 meeting. The project will now be
closed
K) OSI Expansion – Arrowhead Drive, north of Highway 55 – Arrowhead Holdings (real estate
company for OSI) has requested final plat approval for Cavanaughs Meadowwoods Park 3rd Addn.
The City Council granted final plat approval on June 16. The applicant has begun site work and
applied for a building permit. Staff is working with the applicant on the conditions of
approval to allow issuance of the permit.
L) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Jan-Har, LLP (dba Adam’s
Pest Control) has requested various approvals for development of a 35,000 s.f. office
building, restaurant, and 13,000 s.f. warehouse/repair shop north of Highway 55, west of
Willow Drive (PIDs 04-118-23-21-0001 and 04-118-23-24-0001). The Planning
Commission held a public hearing at the November 12 and March 10 meetings and
recommended approval. The City Council adopted approval documents on March 17.
M) 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.
N) 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) Chippewa Road/Weston Woods EAW – Mark of Excellence Homes has submitted an EAW for
construction of Chippewa Road and the Weston Woods development. The public comment period
for the EAW extends through October 28.
B) Septic Ordinance amendment – staff is proposing amendments to the City’s septic regulations based
on feedback from the Building Official. The proposed changes would remove the requirement that
every design provide percolation tests and the higher requirement for two 1000-gallon septic tanks.
The Planning Commission held a public hearing at the September 8 meeting and recommended
approval. Staff intends to present at the October 6 Council meeting.
C) Diamond Lake Regional Trail – staff attended an open house hosted by Three Rivers Park District
on September 22 related to the Diamond Lake Trail Master Plan.
D) Broadband study – staff met with representatives of Hometown Fiber to provide background
information for the study they are conducting for Medina on potential options to improve broadband
connectivity.
TO: City Council
FROM: Jason Nelson, Director of Public Safety,
Through City Administrator Scott Johnson
DATE: October 1, 2020
RE: Department Updates
New Community Service Officer Position
The background investigation on our new Community Service Officer candidate was completed by
Sergeant Boecker. We recommend City Council approve the hiring of Jackson Carroll-Billman to
fill that position.
Patrol:
Patrol Updates 09/09/2020 through 09/29/2020
Patrol Activities – Between the dates of September 9, 2020 through September 29, 2020 our officers
issued 70 citations and 124 warnings for various traffic violations. There were 6 property damage
complaints reported, 1 personal injury accident, 13 medicals, 13 welfare checks/mental health calls,
4 business alarms, 10 residential alarms, 7 suspicious calls, and 22 assists to other agencies.
On 09/09/2020 Officer took a theft of jewelry report from a resident at the Okalee of Medina facility.
Several residents report items missing from their apartments. The case was forwarded to
investigations.
On 09/09/2020 Officer took a motor vehicle theft report from A to Z Auto in Loretto. A vehicle that
had been parked there for repairs was reported missing. Later that evening the vehicle was located
by a patrol officer in the parking lot of the Medina Entertainment Center.
On 09/10/2020 Officers were dispatched to a residence in the 2000 block of Pawnee Road to take a
burglary report. A realtor had arrived at a vacant home that was for sale and found a male and
female inside the home when she entered. The suspects ran out of the house and left in a vehicle. A
few items were reported missing from the residence. Later that evening officers returned to conduct
a spot check of the residence and found a vehicle on the property and a small ATV had been moved
near the vehicle. It is believed that the officers interrupted the same individuals who had returned to
steal the ATV. A search of the area was unsuccessful. The vehicle was impounded to our police
department.
MEMORANDUM
On 09/11/2020 Officers were dispatched to a train vs. pedestrian accident east of Sioux Drive. A
juvenile was found to have been struck by a train and was killed. The impact occurred in the city of
Plymouth who took over the incident.
On 09/14/2020 Officers were dispatched to a burglary report at Urban Eve Salon on Westfalen Trail.
It was determined that someone forced their way into the building overnight and stole several items.
The case was linked to other recent burglaries in our city and numerous other incidents around the
metro area. The case was forwarded to investigations. The suspect has since been arrested and
admitted to investigators to being involved with several burglaries in Medina.
On 09/16/2020 Officers were dispatched to a reported rollover accident at the intersection of
Highway 55 and County Road 101. Upon arrival officers found minor injuries from the crash. The
driver of the rolled vehicle admitted she had reached for something in the vehicle and did not realize
that traffic was stopped at the intersection for a red light. Her vehicle struck an SUV which caused
her car to flip and hit another vehicle. The driver that caused the accident was cited for inattentive
driving.
On 09/17/2020 Officer was dispatched to a reported overdose in the 200 block of Mallard Lane in
Loretto. Upon arrival the officer found family performing CPR on the patient and learned that they
had already administered two doses of Narcan. The officer administered an additional dose of
Narcan and secured an airway. By the time the ambulance arrived on scene the patient was starting
to come to.
On 09/19/2020 Officers were requested to respond for a 10-year-old’s birthday party. Officers did
take the time to stop by and showed the kids the squad car while maintaining social distancing.
On 09/22/2020 an officer responded to assist Hennepin County Sheriff’s Department on a weapons
complaint in Greenfield. It was reported that an unknown male showed up at a residence that the
homeowner did not know and had a gun. Officers arrived and took a male into custody for DWI.
No weapon was located.
On 09/28/2020 Our office received additional calls regarding the theft of political signs along
Willow Drive from County Road 6 to Hamel Road. There does not appear to be any particular sign
being stolen. Officers are conducting extra patrols in the area, but no suspects have been identified.
On 09/28/2020 an officer was dispatched to a suspicious vehicle in the 1000 block of Oak Circle.
Upon arrival the officer found the vehicle unoccupied and that had been reported stolen to the
Crystal Police Department earlier that morning. No suspects identified at this time.
Investigations:
Between 09/01 and 09/13, there were a total of 4 commercial burglaries. I sent out a crime alert with
a picture of the suspect vehicle to other agencies. I received several responses and learned the
vehicle was involved in several commercial burglaries in the metro area. A task force was formed,
and a suspect was identified. The suspect was arrested in the commission of a commercial burglary
in the City of Apple Valley. Under Miranda, the suspect admitted to all four commercial burglaries
in Medina. In all, the suspect admitted to over 35 burglaries in the metro area. My report will be
sent to the County Attorney’s office for charging.
Investigating a theft of a motor vehicle from the City of Loretto. The vehicle was later recovered in
the parking lot of a business in Medina. A possible suspect was eventually located and interviewed.
I am awaiting evidence to return from Hennepin County Crime Lab before I submit the case for
possible charges.
On 09/10 There was a burglary of a home that is for sale. Suspects that committed the burglary left
their vehicle at the crime scene. Fingerprints and DNA evidence were collected from the scene.
On 09/10 There were 6 thefts from motor vehicles in the parking lot of a business. The video
surveillance is poor quality. A Crime Alert was sent out with information about the suspects.
Investigating a theft at a senior living facility. A few residents noticed jewelry missing from their
rooms over the last several weeks. It was suspected that an employee was involved with the theft.
I interviewed the employee involved and the victims of the theft. Investigation is on-going.
I received a CODIS match on DNA that was recovered from a vehicle that fled from Officer Scharf
and Officer Hanson in May of 2020. I drafted a search warrant and obtained a buccal swab sample
from the suspect. The buccal swab will be sent to the Hennepin County Crime lab to compare to the
CODIS match.
There are currently 17 cases assigned to investigations.
MEMORANDUM
TO: City Council, through City Administrator Scott Johnson
FROM: Steve Scherer, Public Works Director
DATE: September 29, 2020
MEETING: October 6, 2020
SUBJECT: Public Works Update
STREETS
• Public Works has been taking advantage of the warm weather and doing some blacktop
work over the past week.
• Public Works has continued the task of resetting pavers in uptown Hamel. An area
around the post office remains to be repaired.
• The R/R tracks at Willow Drive have been repaired and paved. It is our expectation the
R/R will be back in the future to reset some of the panels.
WATER/SEWER/STORMWATER
• Public Works and Badger State are working with the contractor for the water tower to
wrap up the final warranty items before its expiration. We have a small amount of touch
up paint work remaining.
• The sewer line and reconstruct of MCES lift station L-63 improvement project are nearly
complete. We are now ready for Loretto’s sewage to come through Medina as was
agreed to last year. The City will receive compensation from Met Council starting
January of 2021.
PARKS/TRAILS
• The Hamel Lions Park vision study is now on social pinpoint. Comments are welcome
from the public. One of the tennis courts is now being proposed as four pickle ball courts
which will enable other interests to utilize the park.
• Public Works has installed an access to the newly acquired land in the Toll addition.
This property is primarily forest land and the short-term plan is for this to only be a
nature area access. I will have a discussion with the park commission about naming the
property.
• Staff is working to secure easement rights from Loram for the Arrowhead Trail
connection. This project will likely be postponed until next year.
PERSONNEL
• Public Works will be hiring two part time plowing personnel for the upcoming snow
season. Because we remain shorthanded, we need to assure personnel is available when
extra help is needed.
ORDER CHECKS SEPTEMBER 15, 2020 – OCTOBER 7, 2020
050691 A-1 OUTDOOR POWER INC ....................................................... $73.98
050692 AED MARKET ........................................................................ $2,590.00
050693 CAVANAUGH, JOE ....................................................................... $4.00
050694 CENTERPOINT ENERGY ......................................................... $237.47
050695 ECM PUBLISHERS INC ............................................................ $118.73
050696 KITTOK, JOSEPH M .................................................................. $735.00
050697 KRAEMER MINING AND MATERIALS ...................................... $832.40
050698 MAPLE PLAIN, CITY OF ........................................................ $3,850.24
050699 MATRIX CONSULTING GROUP ............................................ $9,600.00
050700 MET COUNCIL (SAC) ........................................................... $24,601.50
050701 MET COUNCIL (WASTEWATER SVC) ................................ $30,736.53
050702 METRO WEST INSPECTION ................................................. $7,842.96
050703 MHSRC/RANGE ........................................................................ $525.00
050704 MN DEPT OF LABOR/IND(BLDGPERM) ..................................... $10.00
050705 MN SECRETARY OF STATE-NOTARY .................................... $120.00
050706 MN VORTEX SOFTBALL CLUB ................................................ $800.00
050707 ORONO, CITY OF .................................................................. $8,451.05
050708 PREMIUM WATERS INC ............................................................. $21.09
050709 REGENSCHEID INVESTMENTS, INC. ................................. $10,000.00
050710 CHARLES CUDD .................................................................. $10,000.00
050711 EDGEWATER TITLE GROUP LLC ............................................ $125.59
050712 JACOBS, THOMAS .............................................................. $10,000.00
050713 LAND TITLE ................................................................................ $28.46
050714 LOHREY, TAVY ......................................................................... $276.59
050715 MOHIUDDIN, KHADER/ASRA ................................................... $106.62
050716 PETRIE, TRAVIS/CARRIE ......................................................... $250.00
050717 WOODDALE BUILDERS ...................................................... $10,000.00
050718 ADAMS PEST CONTROL INC .................................................. $149.00
050719 AMERICAN MAILING MACHINES ............................................. $336.00
050720 B&B SHEET METAL & ROOFING INC ...................................... $757.27
050721 BADGER STATE INSPECTION LLC ...................................... $4,000.00
050722 BEAUDRY OIL & PROPANE .................................................. $2,767.27
050723 CITY VIEW PLUMBING ............................................................. $464.56
050724 COMMERCIAL ASPHALT CO. ............................................... $1,279.83
050725 CORE & MAIN LP ................................................................... $2,203.80
050726 DAKOTA SUPPLY GROUP - IL ................................................. $460.86
050727 DESIGNING NATURE, INC. ...................................................... $113.10
050728 DINGMANN, IVAN .................................................................. $1,250.00
050729 DITTER COOLING & HEATING.............................................. $3,816.71
050730 DODGE OF BURNSVILLE .................................................... $30,139.00
050731 DPC INDUSTRIES INC ........................................................... $2,710.28
050732 EARL F ANDERSEN INC .......................................................... $446.25
050733 ECM PUBLISHERS INC ............................................................ $189.97
050734 ELECTRONIC & APPLIANCE RECYCLI ................................ $1,907.83
050735 ENGEL WATER TESTING INC.................................................. $450.00
050736 GREAT AMERICAN FINANCIAL SERVI .................................... $178.95
050737 HAMEL BUILDING CENTER ..................................................... $242.24
050738 HENN COUNTY INFO TECH .................................................. $2,214.91
050739 HENN COUNTY SHERIFF........................................................... $75.00
050740 HOLIDAY FLEET ....................................................................... $113.47
050741 JEREDS LAWN CARE INC ................................................... $10,500.00
050742 KD & COMPANY RECYCLING INC ........................................... $337.92
050743 LANO EQUIPMENT INC ............................................................ $137.90
050744 MAPLE PLAIN, CITY OF ........................................................ $7,500.00
050745 MATHESON TRI-GAS INC .......................................................... $91.27
050746 METRO ELEVATOR INC ........................................................... $195.00
050747 MINGER CONSTRUCTION COMPANIES ........................... $54,850.45
050748 MOTLEY AUTO SERVICE LLC ................................................. $121.00
050749 NAPA OF CORCORAN INC ........................................................ $36.38
050750 NELSON ELECTRIC MOTOR REPAIR .................................. $8,580.00
050751 OFFICE DEPOT ........................................................................ $260.49
050752 PAINT-A-LOT ......................................................................... $3,285.48
050753 PREMIUM WATERS INC ............................................................. $48.59
050754 RANDYS SANITATION INC ......................................................... $20.00
050755 ROLF ERICKSON ENTERPRISES INC .................................. $8,107.65
050756 STREICHERS INC ..................................................................... $520.95
050757 SUN LIFE FINANCIAL ............................................................ $1,431.18
050758 TACTICAL SOLUTIONS ............................................................ $304.00
050759 TEGRETE (CARLSON BLDG) ................................................ $1,760.00
050760 TIME SAVER OFFSITE SEC SVCS IN ...................................... $367.00
050761 TITAN MACHINERY INC ........................................................... $139.00
050762 TWIN CITY GARAGE DOOR .................................................. $1,628.00
050763 TWIN CITY STRIPING ............................................................ $8,464.61
050764 US SOLAR BUSINESS - 1 ...................................................... $4,871.82
050765 US SOLAR BUSINESS - 3 ...................................................... $5,694.42
050766 VIRIDIAN WEAPON TECHNOLOGIES ...................................... $108.00
050767 WSB & ASSOCIATES INC.................................................... $27,033.05
Total Checks $334,597.67
ELECTRONIC PAYMENTS SEPTEMBER 15, 2020 – OCTOBER 7, 2020
005654E PR PERA .............................................................................. $16,700.72
005655E PR FED/FICA ....................................................................... $16,811.09
005656E PR MN Deferred Comp ........................................................... $1,790.00
005657E PR STATE OF MINNESOTA .................................................. $3,706.93
005658E CITY OF MEDINA ........................................................................ $20.00
005659E FURTHER .............................................................................. $1,657.42
005660E FURTHER .............................................................................. $1,299.27
005661E AFLAC ....................................................................................... $324.66
005662E CULLIGAN-METRO ................................................................... $144.53
005663E FRONTIER .................................................................................. $56.85
005664E PAYMENT SERVICE NETWORK INC .................................... $1,406.87
005665E MEDIACOM OF MN LLC ........................................................... $817.64
005666E XCEL ENERGY ...................................................................... $1,361.22
005667E ELAN FINANCIAL SERVICE .................................................. $6,701.67
005668E FURTHER ................................................................................. $139.14
005669E MINNESOTA, STATE OF ....................................................... $2,018.00
005670E VALVOLINE FLEET SERVICES ................................................ $217.37
005671E WRIGHT HENN COOP ELEC ASSN ...................................... $2,162.47
005672E CIPHER LABORATORIES INC. ................................................... $44.98
005673E PR PERA .............................................................................. $17,705.94
005674E PR FED/FICA ....................................................................... $17,546.35
005675E PR MN Deferred Comp ........................................................... $1,790.00
005676E PR STATE OF MINNESOTA .................................................. $3,917.89
005677E CITY OF MEDINA ........................................................................ $20.00
005678E FURTHER .............................................................................. $1,657.42
Total Electronic Checks $100,018.43
PAYROLL DIRECT DEPOSIT SEPTEMBER 16, 2020 & SEPTEMBER 30, 2020
0510499 BOEDDEKER, KAYLEN C ..................................................... $1,463.11
0510500 JOHNSON, PATRICK M. .......................................................... $834.07
0510501 ALTENDORF, JENNIFER L. .................................................. $1,521.00
0510502 BARNHART, ERIN A. ............................................................ $2,514.02
0510503 BOECKER, KEVIN D. ............................................................ $2,484.51
0510504 CONVERSE, KEITH A. .......................................................... $2,073.61
0510505 DEMARS, LISA ...................................................................... $1,561.02
0510506 DION, DEBRA A. ................................................................... $1,765.69
0510507 ENDE, JOSEPH..................................................................... $1,813.58
0510508 FINKE, DUSTIN D. ................................................................ $2,650.69
0510509 GALLUP, JODI M. .................................................................. $2,119.19
0510510 GLEASON, JOHN M. ............................................................. $2,156.59
0510511 GREGORY, THOMAS ........................................................... $2,225.20
0510512 HALL, DAVID M. .................................................................... $2,294.30
0510513 HANSON, JUSTIN ................................................................. $1,888.14
0510514 JACOBSON, NICOLE ............................................................... $819.36
0510515 JESSEN, JEREMIAH S. ......................................................... $2,437.12
0510516 JOHNSON, SCOTT T. ........................................................... $2,286.95
0510517 KLAERS, ANNE M. ................................................................ $1,427.40
0510518 LEUER, GREGORY J. ........................................................... $1,857.77
0510519 MCGILL, CHRISTOPHER R. ................................................. $1,517.28
0510520 MCKINLEY, JOSHUA D ......................................................... $2,014.47
0510521 NELSON, JASON .................................................................. $2,531.60
0510522 REINKING, DEREK M ........................................................... $2,285.60
0510523 SCHARF, ANDREW .............................................................. $2,351.49
0510524 SCHERER, STEVEN T. ......................................................... $2,471.64
0510525 BOEDDEKER, KAYLEN C ..................................................... $1,446.65
0510526 JOHNSON, PATRICK M. .......................................................... $834.07
0510527 VOGEL, NICHOLE .................................................................... $642.17
0510528 ALTENDORF, JENNIFER L. .................................................. $1,521.00
0510529 BARNHART, ERIN A. ............................................................ $2,516.51
0510530 BOECKER, KEVIN D. ............................................................ $2,703.38
0510531 CONVERSE, KEITH A. .......................................................... $2,163.41
0510532 DEMARS, LISA ...................................................................... $1,561.02
0510533 DION, DEBRA A. ................................................................... $1,818.24
0510534 ENDE, JOSEPH..................................................................... $1,937.23
0510535 FINKE, DUSTIN D. ................................................................ $2,683.36
0510536 GALLUP, JODI M. .................................................................. $2,145.84
0510537 GLEASON, JOHN M. ............................................................. $1,930.32
0510538 GREGORY, THOMAS ........................................................... $2,130.18
0510539 HALL, DAVID M. .................................................................... $2,154.45
0510540 HANSON, JUSTIN ................................................................. $2,018.80
0510541 JACOBSON, NICOLE ............................................................... $831.67
0510542 JESSEN, JEREMIAH S. ......................................................... $2,597.51
0510543 JOHNSON, SCOTT T. ........................................................... $2,311.73
0510544 KLAERS, ANNE M. ................................................................ $1,483.68
0510545 LEUER, GREGORY J. ........................................................... $2,188.10
0510546 MCGILL, CHRISTOPHER R. ................................................. $1,602.96
0510547 MCKINLEY, JOSHUA D ......................................................... $3,349.97
0510548 NELSON, JASON .................................................................. $2,596.43
0510549 REINKING, DEREK M ........................................................... $1,891.73
0510550 SCHARF, ANDREW .............................................................. $3,461.32
0510551 SCHERER, STEVEN T. ......................................................... $2,437.31
0510552 WILSON, KIMBERLY ................................................................ $249.34
Total Payroll Direct Deposit $106,573.78