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HomeMy Public PortalAbout03.15.2022 City Council Meeting Packet Posted 3/11/2022 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, March 15, 2022 7:00 P.M. Meeting to be held telephonically/virtually pursuant Minn. Stat. Sec. 13D.021 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the March 1, 2022 Regular Council Meeting V. CONSENT AGENDA A. Adopt Resolution for Abraham Accessory Dwelling Unit Conditional Use Permit B. Adopt Resolution for Deng Septic Variance C. Approve Resolution Reestablishing Precincts and Polling Places D. Approve Lawn and Grounds Services Agreement E. Approve Portable Sanitation Agreement F. Approve Amended and Restated Grounds Services Agreement with Orono Baseball G. Approve Amended and Restated Grounds Services Agreement with the Hamel Athletic Club H. Approve Hamel Legion Park Concession Services Agreement with the Hamel Athletic Club I. Approve Renewal of Consumption and Display Permit for American Legion Post 394 at 75 Hamel Road J. Approve the Appointment of Trevor Ratke to the Public Works Maintenance Technician Position K. Approve Service and Videography Agreement with Cipher Laboratories Inc. L. Ordinance Adopting an Amended Fee Schedule for Clean-up Day M. Resolution Authorizing Publication of Ordinance Adopting an Amended Fee Schedule by Title and Summary N. Feasibility Report for Water Treatment Plant VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATIONS A. Hennepin County Commissioner Kevin Anderson VIII. NEW BUSINESS A. Land Sale Discussion – Portion of PID 02-118-23-24-0002 – Marsh Pointe Preserve B. Virtual Meeting Discussion IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. ADJOURN Telephonic/Virtual Meeting Call-in Instructions Join via Microsoft Teams to view presentations at this link: https://medinamn.us/council/ For audio only: +1 612-517-3122 Enter Conference ID: 914 602 722# MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: March 8, 2022 DATE OF MEETING: March 15, 2022 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: 914 602 722# V. CONSENT AGENDA A. Adopt Resolution for Abraham Accessory Dwelling Unit Conditional Use Permit –Staff drafted the attached resolution consistent with the direction from the March 1, 2022, City Council Meeting. Staff recommends approval. See attached resolution. B. Adopt Resolution for Deng Septic Variance – Staff drafted the attached resolution consistent with the direction from the March 1, 2022, City Council Meeting. Staff recommends approval. See attached resolution. C. Approve Resolution Reestablishing Precincts and Polling Places – On February 15, a panel of Minnesota Judges released the congressional and legislative district maps that will be in place for the next decade. Staff recommends adoption of the resolution reestablishing the existing precincts and polling places with the new names of Precinct 1 and Precinct 2. See attached resolution. D. Approve Lawn and Grounds Services Agreement – Staff recommends entering into a lawn and grounds service agreement with Twin City Outdoor Services who provided the lowest responsible bid. Staff recommends approval. See attached agreement. 2 E. Approve Portable Sanitation Agreement – The City of Medina is currently under contract with Jimmy’s Johnnys until April 2022, has been pleased with their service, and recommends the updated service agreement. Staff recommends approval. See attached agreement. F. Approve Amended and Restated Grounds Services Agreement with Orono Baseball – Orono Baseball has agreed to renew their agreement with the City of Medina. Staff recommends approval. See attached agreement. G. Approve Amended and Restated Grounds Services Agreement with the Hamel Athletic Club – The Hamel Athletic Club has agreed to renew their agreement with the City of Medina. Staff recommends approval. See attached agreement. H. Approve Hamel Legion Park Concession Services Agreement with the Hamel Athletic Club - The Hamel Athletic Club has agreed to renew their concessions agreement with the City of Medina. Staff recommends approval. See attached agreement. I. Approve Renewal of Consumption and Display Permit for American Legion Post 394 at 75 Hamel Road – All required paperwork and fees are in order. Staff recommends approval. J. Approve the Appointment of Trevor Ratke to the Public Works Maintenance Technician Position – Interviews took place recently to fill the opening at Public Works. The interview panel recommended Trevor Ratke for the position. Staff recommends approval. See attached memo. K. Approve Service and Videography Agreement with Cipher Laboratories Inc. – Cipher Laboratories has agreed to continue to provide videography services for City of Medina meetings. The agreement has been reviewed and approved by the City Attorney. Staff recommends approval. See attached agreement. L. Ordinance Adopting an Amended Fee Schedule for Clean-up Day – Staff drafted the attached amended fee schedule to reflect the updated prices for the April 30th Clean-up Day event. Staff recommends approval. See attached ordinance. 3 M. Resolution Authorizing Publication of Ordinance Adopting an Amended Fee Schedule by Title and Summary – Attached is a resolution for summary publication of the Amended Fee Schedule Ordinance. Staff recommends approval. See attached resolution. VIII. NEW BUSINESS A. Land Sale Discussion – Portion of PID 02-118-23-24-0002 – Marsh Pointe Preserve – Staff noted in the prior project report that the City owns a 30-foot-wide strip of property which runs north-south in approximately the center of the proposed subdivision. The City obtained this property through tax forfeiture in 2019. The County combined the strip of property with the Medina Lake Preserve property to the north to form a single parcel. Except for an approximately 35’x30’ area of this property adjacent to Medina Lake Preserve, the parcel is located within the large wetland. The upland portion is proposed to be part of the road right-of-way within Marsh Pointe Preserve. Staff does not see a lot of value in the property once the plat has been recorded and will review options for the City Council to consider at the meeting. Potential Motion: Motion to direct staff to include provision for the sale of the 30-foot wide extension of PID 02-118-23-24-0002 for a cost of $1850 to BPS Properties within the Marsh Pointe Preserve development agreement. B. Virtual Meeting Discussion – Staff has worked with the City Attorney to put together a plan to return to in person City meetings starting with the May 3, 2022, City Council Meeting. Assuming that the pandemic continues its current downward trajectory, Mayor Martin can sign a formal statement in April rescinding her remote meeting determination and declaring that meetings are no longer to be conducted pursuant to section 13D.021 which will allow for a return to in person meetings per Council direction. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 006285E-006302E for $55,346.71 and order check numbers 052685-052735 for $191,064.16, and payroll EFT 0511680-0511715 for $59,716.16. INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Meeting Minutes March 1, 2022 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 1, 2022 3 4 The City Council of Medina, Minnesota met in regular session on March 1, 2022 at 7:00 5 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 Martin read a statement explaining that the meeting is being held in a virtual format due 8 to the ongoing pandemic and provided instructions for public participation. 9 10 I. ROLL CALL 11 12 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid. 13 14 Members absent: None. 15 16 Also present: City Administrator Scott Johnson, City Attorney Dave Anderson, Finance 17 Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, 18 Planning Intern Colette Baumgardner, Public Works Director Steve Scherer, and Chief of 19 Police Jason Nelson. 20 21 II. PLEDGE OF ALLEGIANCE (7:03 p.m.) 22 23 III. ADDITIONS TO THE AGENDA (7:03 p.m.) 24 Johnson requested to remove item 5K from the Consent Agenda. He noted that 25 Hennepin County may have additional funds that could be used for the project, therefore 26 staff would like to explore that option. 27 28 Martin asked if a motion would be needed at this time to amend the agenda. 29 30 Anderson noted that the person making the motion to adopt the Consent Agenda could 31 make that change at that time. 32 33 IV. APPROVAL OF MINUTES (7:04 p.m.) 34 35 A. Approval of the February 15, 2022 Regular City Council Meeting Minutes 36 Albers noted on page five, line 18, it should state, “Albers stated that at this time, he is 37 noncommittal...” 38 39 Moved by Martin, seconded by Reid, to approve the February 15, 2022 regular City 40 Council meeting minutes as amended. 41 42 A roll call vote was performed: 43 44 DesLauriers aye 45 Albers aye 46 Cavanaugh aye 47 Reid aye 48 Martin aye 49 50 Motion passed unanimously. 51 Medina City Council Meeting Minutes March 1, 2022 2 1 V. CONSENT AGENDA (7:06 p.m.) 2 3 A. Authorize Interfund Loan for Advance of Certain Road Construction Costs 4 for Arrowhead Drive 5 B. Adopt Ordinance Establishing a Planned Unit Development District for 6 Marsh Pointe Preserve 7 C. Adopt Resolution Authorizing Publication of Marsh Pointe Preserve 8 Ordinance by Title and Summary 9 D. Adopt Resolution Granting Preliminary Plat and PUD General Plan 10 Approval for Marsh Pointe Preserve 11 E. Approve Marsh Pointe Preserve Wetland Replacement Plan 12 F. Approve Temporary Liquor License to Wildlife Rehabilitation Center of 13 Minnesota 14 G. Approve Rooftop Elements Ordinance Amendment 15 H. Authorize Publication of Rooftop Elements Ordinance by Title and 16 Summary 17 I. Approve Weed Control Services Agreement with Jenco Property 18 Maintenance 19 J. Approve Will Gunter to Park Commission 20 K. Approve Uptown Hamel Economic Development RFP 21 Johnson requested to remove Item A as a needed change was noticed by staff. 22 23 Moved by Martin, seconded by Albers, to approve the consent agenda as amended. 24 25 A roll call vote was performed: 26 27 DesLauriers aye 28 Albers aye 29 Cavanaugh aye 30 Reid aye 31 Martin aye 32 33 Motion passed unanimously. 34 35 A. Authorize Interfund Loan for Advance of Certain Road Construction Costs 36 for Arrowhead Drive 37 Johnson noted a change suggested by staff. 38 39 Martin noted that the revised resolution was circulated to the Council in redline form. 40 41 Moved by Albers, seconded by Cavanaugh, to authorize interfund loan for advance of 42 certain road construction costs for Arrowhead Drive. 43 44 A roll call vote was performed: 45 46 DesLauriers aye 47 Albers aye 48 Cavanaugh aye 49 Reid aye 50 Martin aye 51 Medina City Council Meeting Minutes March 1, 2022 3 1 Motion passed unanimously. 2 3 VI. COMMENTS (7:09 p.m.) 4 5 A. Comments from Citizens on Items not on the Agenda 6 There were none. 7 8 B. Park Commission 9 Scherer stated that the Park Commission met on February 16th and discussed the 10 Lakeshore Park survey results. He noted that no conclusions were reached, and the 11 group will revisit that topic. He stated that the Commission also discussed park 12 acquisition for 2120 Chippewa Road, reviewed the Hunter Lions Park reconstruction 13 progress, and vacant position on the Commission. 14 15 DesLauriers asked for an update on Hunter Lions Park progress planned for this year. 16 17 Scherer highlighted the items that are slated for this spring. He stated that they would 18 like to begin on the courts as soon as possible. He noted that they would then stop and 19 complete a review to determine what could be done in conjunction with Lakeshore Park. 20 21 C. Planning Commission 22 Finke reported that the Planning Commission will meet the following week to hold public 23 hearings to consider an amendment to the Planned Unit Development and Plat for 24 Weston Woods which would result in a reduction to the number of lots, and an amended 25 Conditional Use Permit for the drive thru at McDonalds located at 822 Highway 55 to 26 add a second lane. 27 28 VII. PRESENTATIONS 29 30 A. Hennepin County Commissioner Kevin Anderson (7:15 p.m.) 31 Martin noted that Commissioner Anderson was unable to visit tonight and will instead 32 attend the March 15th meeting. 33 34 B. Fire Department Annual Report (7:16 p.m.) 35 Chief Ruchti, Hamel Fire Department, presented the 2021 review for the department. 36 He stated that the department was busy with a total of 235 calls, 228 of which were in 37 Medina for a total of 2,177 hours. He stated that they also responded to seven calls for 38 mutual aid. He commented on the increased trend for medical calls and reviewed the 39 average response time. He also highlighted hours spent on training, support activities, 40 business administration, and other activities. He stated that they pinned two firefighters 41 in 2021 and recruited three additional firefighters that are completing their training. He 42 highlighted 12 policies that were added along with adjustments to COVID protocols. 43 44 Martin referenced the response summary. She asked for and received clarification on 45 the different items included in that report. 46 47 DesLauriers asked the length of time for training for new recruits. 48 49 Ruchti stated that they allow up to one year for the training. 50 51 Medina City Council Meeting Minutes March 1, 2022 4 Albers stated that there have been a lot of discussions with Loretto recently and asked 1 for an update on the potential merger. 2 3 Ruchti replied that the merger has a lot of moving parts and provided a brief update. 4 5 Albers asked if Ruchti is confident that this could be achieved by the end of the year. 6 7 Ruchti replied that there is not a target as any little piece can change the timeline. He 8 was unsure if it would be completed by the end of the year. 9 10 Albers asked if the members are supportive of the potential merger. 11 12 Ruchti stated that he cannot go into detail but noted that both departments are on board. 13 He again emphasized that there are a lot of moving parts to fit together as these are two 14 independent departments. He stated that they want to be able to fit the parts together 15 correctly and be able to move forward. 16 17 Cavanaugh thanked Ruchti for everything he and his department do for Medina. 18 19 Martin recognized the work and hours the department provides to Medina. 20 21 Chief Van Eyll, Long Lake Fire, stated that last year was a banner year for recruitment 22 with 11 new firefighters added in 2021 for a total of 45 members. He noted that 32 of 23 those members have less than ten years of experience, which makes their department 24 fairly young. He stated that they responded to 23 calls in Medina, with half of those 25 being medical calls. He also highlighted the upcoming events including the pancake 26 breakfast scheduled for May 1st, the memorial 5K on July 30th, fire prevention open 27 house on October 3rd, and toy drive on December 3rd. 28 29 Martin commented that they are all fun events. She asked that Johnson circulate those 30 dates to the Council to include on its calendar. She encouraged the other departments 31 to provide dates for their community events as well. 32 33 Cavanaugh thanked Van Eyll for the service his department provides. 34 35 DesLauriers thanked Van Eyll and noted that he will attend the pancake breakfast. 36 37 Martin expressed appreciation for the work of the Long Lake Fire Department in the 38 community and surrounding cities. 39 40 Chief Leuer, Loretto Fire, provided a summary of the year end report. He stated that 41 there was a total of 299 calls during 2021, 50 of which were in Medina. He reviewed the 42 types of calls they responded to and the makeup of the department membership. He 43 echoed the comment of the other departments that calls for service were increased in 44 2021. He reviewed the hours spent on other activities such as maintenance and 45 training. He reviewed the response times for calls. He noted that the department 46 responded to 47 mutual aid calls. He stated that the department received over $100,000 47 in donations, $45,000 to $50,000 gained through gambling proceeds, along with grant 48 funds that helped to fund needed equipment purchases. He also highlighted community 49 events the department participated in during the year. He stated that the department 50 has a combined 445 years of experience. He provided details on an emergency call the 51 Medina City Council Meeting Minutes March 1, 2022 5 department responded to at the home of a firefighter whose life was lost in that incident. 1 He noted that they are partnering with a company that specializes in mental health to 2 work with the members of the department. He thanked the other three departments that 3 provided assistance during that hard time. He noted that they will be holding a pancake 4 breakfast on April 24th. 5 6 Martin expressed condolences for the loss the department experienced. 7 8 DesLauriers asked for an update on the merger from the Loretto point of view. 9 10 Leuer stated that the process is going well, although there have been a few challenges, 11 but believes they can get over those hurdles. He stated that the departments have been 12 training together. He stated that once the issues between the relief associations are 13 resolved, they will move to operations. He noted that they recently met with fire districts 14 that exist in Northern Minnesota and left that meeting believing that this merger will be 15 doable. 16 17 DesLauriers appreciated the update. 18 19 Cavanaugh thanked Leuer for the service his department provides and expressed 20 condolences. 21 22 Martin also expressed appreciation for the service the department provides and for the 23 collaboration between Loretto and Hamel in their forward thinking for fire delivery 24 services. 25 26 Johnson noted that Chief McCoy from Maple Plain sent communication to Chief Nelson 27 that he will not be able to attend tonight. He noted that staff did not receive a written 28 report from the Maple Plain Fire Department yet. 29 30 Martin stated that if McCoy was able to join a later meeting, that would be appreciated, 31 or if a written report could be provided that would be helpful as well. She thanked all the 32 Fire Chiefs that attended tonight. 33 34 VIII. OLD BUSINESS 35 36 A. Medina Ventures – Medina Park and Boardwalk – PUD Concept Plan – 1472 37 Highway 55 (7:46 p.m.) 38 Finke stated that this concept has been reviewed previously by the City Council and 39 Planning Commission. He stated that the primary reason for additional discussion is 40 related to transportation. He noted that the primary discussion is related to the 41 Tamarack Drive study, which was included in the staff report. He provided background 42 on the Tamarack Drive study the City completed and the components that were 43 included. He reviewed the concepts involving the subject site and noted that earlier 44 during the study stage the Council expressed a preference for concept A. He noted that 45 the property owner to the east had concerns related to the impacts concept B would 46 have on their property. He stated that if the City is interested in the dedication of right-47 of-way for the subject site that would have impacts on the layout of the site. He provided 48 background on the discussion that occurred related to the preference for concept A. He 49 stated that if the City is interested in connectivity throughout the sites, the sure way to do 50 that would be through dedication of right-of-way for a public street rather than relying on 51 Medina City Council Meeting Minutes March 1, 2022 6 a series of private drives with cross access agreements between property owners. He 1 stated that this site is the furthest from Tamarack Drive and is comparatively small, 2 therefore it could be difficult to project where the best location would be, noting that 3 would become a dead-end street until development of adjacent parcels occurs. He 4 stated that there is a parcel under separate ownership between this parcel and the 5 adjacent parcel which is under separate ownership and could cause issues with 6 connectivity. 7 8 Martin received confirmation that Cavanaugh is recusing himself from this discussion. 9 10 Finke stated that the concept plan submitted by the applicant includes an access road 11 on the far east side of the project which would provide a fair amount of flexibility to 12 provide connectivity to the east. He stated staff believes either concept in the Tamarack 13 Drive study could provide connectivity, as could other options. 14 15 Albers recognized that previous a Council favored concept A in the Tamarack Drive 16 study, noting that recommendation was made without having any insight on the potential 17 development of these parcels. He did not believe that preference would handcuff the 18 Council as to what could be done. He stated that both concepts would provide 19 challenges to owners of both properties, noting that perhaps the road to Meander could 20 run along the strip of property between the two properties as that strip would be useless 21 if nothing else happens there. He asked if there is a willingness to sell from that 22 landowner. 23 24 Finke stated that he has no indication that the property owner of the strip is actively not 25 wanting to participate in anything but stated that in terms of using that property as an 26 intersection location to Meander there would be challenges. He noted the lack of 27 distance to another intersection north of Meander Road, and vertically the land does not 28 have good sight distances to the east. 29 30 DesLauriers stated that when the concepts were originally reviewed the preference was 31 given to traffic flow. He noted that both concepts provide for a flow of traffic. He did not 32 believe the Council considered this type of proposal for this property using the wetlands 33 and boardwalk. He asked if there would be a possibility to move forward without access 34 through either property. 35 36 Finke stated that the only proposal in front of the City is this concept plan. He stated that 37 decision would be available to the City at some time in the future when the Cavanaugh 38 property to the east comes forward for potential development. He noted that is a 30-39 acre parcel which could subdivide and would provide the opportunity to require right-of-40 way dedication. He stated that if the City does not start establishing a street network at 41 this time, a similar argument could be made that street dedication could impact their 42 layout as well. He stated that the City did plan for the roundabout on Tamarack as the 43 primary access to the commercial areas, with the thought that they would like to 44 encourage as many left turns as possible through the roundabout rather than going to 45 Meander to make a left. 46 47 Martin commented that she read through the previous minutes and did not feel bound by 48 a conclusion of a prior Council that had a preference of concept A for the purposes of 49 planning. She noted that many of those comments acknowledged that future 50 development is unknown, and the decision may change in the future. She commented 51 Medina City Council Meeting Minutes March 1, 2022 7 that the Meander Boardwalk proposal is a unique upscale gateway to the northern part 1 of Medina and it could be that larger big box development occurs on the property to the 2 east. She noted that it would then not make sense to have a passthrough between the 3 properties because they are very different uses. She stated that if the property to the 4 east were to develop in a compatible nature, with more high-end retail and restaurants, 5 then there could be benefit to both property owners to have connection between the 6 parcels. She stated that the property owners could then make that decision at a later 7 point in time. She did not think it would be fair to saddle the first developer to plan 8 connection for a future development that could be incompatible in use. She suggested 9 letting the Boardwalk proposal move through with accommodation for connection 10 between the parcels, if that is in the best interest of both parties in the future and those 11 details could be worked out between the two property owners. 12 13 Matt Pacyna, representing the Cavanaughs, appreciated the previous Tamarack Drive 14 study that was completed as that is a useful planning tool. He stated that those studies 15 tend to fall short in contemplating other options. He stated that the goal would be to 16 provide flexibility for the Cavanaugh site to the east. He stated that placing a condition 17 upon connecting between the sites would have impacts to the marketability of the site. 18 He commented that it would make sense to think about the transportation network when 19 a proposal comes forward in the future. He believed there were other opportunities to tie 20 into Meander and make that successful. He stated that for the Boardwalk project, the 21 previous studies did not anticipate the details of the use. He asked if the roadway 22 connection is a need or more of a desirable want. He stated that concept B would not 23 be supported by the Cavanaughs. He stated that concept A would have some options 24 that could work but would need to be vetted out. He stated that if there is a daycare on 25 the Boardwalk site, connectivity and added vehicle traffic may not be beneficial. 26 27 DesLauriers commented that he did not hear a solution or suggestion. 28 29 Pacyna commented that a solution would need to work for both properties. He stated 30 that from a planning standpoint, the Boardwalk site having one access from Meander 31 would not burden the transportation network. He stated that if and when the Cavanaugh 32 site comes through for development it would make sense to have connection to the 33 roundabout and perhaps to have an access to Meander. He noted that engineering 34 would come in at that point to review the best options. He stated that realistically 35 perhaps a private drive to Meander on the Cavanaugh site may make sense, perhaps 36 midpoint between Tamarack and Cavanaugh Drive, noting that would be dependent 37 upon the type of development proposed at that time. 38 39 DesLauriers stated that there is a site with proposals for the Boardwalk site and 40 therefore it is hard to plan for if and when the Cavanaugh site may develop. 41 42 Pacyna agreed that there is not guarantee that site would develop. 43 44 Albers stated that it sounds like if the Council is too prescriptive of where to put the road 45 now without knowing how the Cavanaugh property could develop, it would seem to be 46 picking a winner. He liked the idea of moving forward with the property to the west and 47 not plan for a road at this time. 48 49 Joe Cavanaugh stated that this concept for the Boardwalk is a great proposal that would 50 be a great addition to Medina. He stated that his family is okay with the concepts, but 51 Medina City Council Meeting Minutes March 1, 2022 8 concept B cuts out a big portion of their land on the northwest corner as there is a sewer 1 line and other challenges that exist as well. He stated that they want to be good 2 neighbors and find a solution for everyone, but that portion of concept B does not work 3 for them. 4 5 Martin stated that perhaps another concept will emerge if and when the Cavanaugh 6 property comes forward for development. 7 8 Cavanaugh commented that he would prefer for each of the sites to develop 9 independently and if it makes sense to provide connection in the future, they could work 10 that out between the property owners. 11 12 Martin stated that the City attempted to plan prior to development proposals in order to 13 secure what would be needed to achieve the transportation goals. 14 15 Chris Peterson stated that given the concept with the boardwalk and their desire to 16 create a boutique development with a natural development that leans into the wetland, 17 concept A would destroy the boardwalk and remove 1.5 acres of their lot. He stated that 18 if concept A were chosen, their development would not move forward. He stated that he 19 does like the idea of letting the developments occur independently without forcing a 20 connection point. He stated that his biggest concern was with the uncertainty of what 21 will be developed on the Cavanaugh property and the traffic that could come through a 22 wedding venue site and daycare. He stated that they desire the access from 23 Arrowhead, which does not have a lot of traffic. He stated that if the property to the east 24 has compatible development in the future, the property owners could work together to 25 provide connectivity as that would benefit them both but recognized there is an unknown 26 with the strip of land between them. He stated that he would prefer to move forward 27 independently and determine if it would make sense to provide connection in the future. 28 He stated that he is about to put six to seven figures into his development and would like 29 to move forward as he has proposed without contemplating what if scenarios. He stated 30 that when the Petersons purchased this property, they gave up access to Highway 55 31 and provided an easement for Meander. He stated that they are trying to develop 32 something special for the community and would like to focus on the development rather 33 than a connection they do not desire. He stated that they are also not interested in 34 paying costs towards Tamarack Drive as they do not believe that provides benefit to 35 their development. 36 37 Reid stated that there are not yet proposals for these different areas within concepts A 38 and B and asked where those development presumptions came from within the study. 39 40 Finke explained that WSB provided some potential layouts for high level planning 41 purposes. He confirmed that the uses were theoretical in order to project traffic 42 volumes. 43 44 Reid stated that she would prefer to see the Peterson concept laid out and the City can 45 work out details after that. She believed that this concept development should be a 46 priority as it would provide benefit to Medina. 47 48 Peterson thanked the Council for its input. 49 50 Medina City Council Meeting Minutes March 1, 2022 9 DesLauriers echoed the comments of Albers. He stated that having this additional 1 conversation between both property owners and the Council seemed to provide direction 2 going forward to let the sites work independently. 3 4 Martin confirmed that was her thought as well. She commented that there is bargaining 5 that can be done between the property owners to provide benefit to their developments 6 without the City forcing one development to rearrange its layout to benefit another. She 7 confirmed the consensus of the Council to allow these sites to develop independently, 8 which means that the Council would not require public right-of-way dedication through 9 the Peterson property but would encourage them to plan for points of connection to the 10 Cavanaugh property should that opportunity arise and make sense. 11 12 Peterson stated that he will plan to move forward as discussed tonight and would not 13 want to see curveballs after investing money into the development of plans. 14 15 Martin commented that the Council is urging Peterson to move forward, with thought of 16 potential connection that could be made to the Cavanaugh property, should that make 17 sense in the future. 18 19 DesLauriers mentioned the gazebo near the wetlands noting that the Council has not 20 seen any details on that element and therefore it would be important to see those details 21 as soon as possible. 22 23 Peterson commented that feature is an unknown and could end up as a tree in the end. 24 25 Martin briefly recessed the meeting at 8:42 p.m. 26 27 Martin reconvened the meeting at 8:47 p.m. 28 29 B. Jeffrey and Chris Cates – Environmental Assessment Worksheet (EAW) – 30 Proposed Commercial/Industrial Development – PIDs 04-118-23-11-0002, 31 04-118-23-14-0004 (8:47 p.m.) 32 Johnson stated that staff does not believe the project meets the criteria to require an 33 EIS. He noted that this action would not limit consideration of the land use and zoning 34 requests that may come before the City in the future. 35 36 Finke stated that the draft findings and record of the decision were included in the staff 37 report along with a draft resolution for the Council to consider. He stated that the 38 comments received, and related responses were also included. He stated that staff 39 does not believe the criteria to require an EIS have been met. He noted that there would 40 be additional review for any land use application and a negative declaration of an EIS 41 does not have an impact on any future decision-making ability. 42 43 Martin commented that staff did an excellent job preparing the findings of fact. 44 45 Reid asked and received confirmation that approval of this action would not equate in 46 approval of a future project. 47 48 Moved by DesLauriers, seconded by Martin, to approve the Cates Industrial Park EAW 49 Findings of Fact and Record of Decision. 50 51 Medina City Council Meeting Minutes March 1, 2022 10 A roll call vote was performed: 1 2 DesLauriers aye 3 Albers aye 4 Cavanaugh aye 5 Reid aye 6 Martin aye 7 8 Motion passed unanimously. 9 10 Moved by DesLauriers, seconded by Martin, to adopt the Resolution Approving the 11 Response to Comments, Findings of Fact, and Record of Decision for the Cates 12 Industrial Park EAW and Making a Negative Declaration Upon the Need for an 13 Environmental Impact Statement. 14 15 A roll call vote was performed: 16 17 DesLauriers aye 18 Albers aye 19 Cavanaugh aye 20 Reid aye 21 Martin aye 22 23 Motion passed unanimously. 24 25 IX. NEW BUSINESS 26 27 A. Deng – Variance from Setback to ISTS to Wetland – 2472 Parkview Drive 28 (PID 1611823330002) – Public Hearing (8:52 p.m.) 29 Johnson stated that the Deng family is requesting a variance from the setback of the 30 ISTS to wetland at 2472 Parkview Drive. 31 32 Finke stated that the variance pertains to the wetland setback within the City’s ISTS 33 septic ordinance. He noted that this is an additional standard within the City’s ordinance 34 that goes above the State’s septic regulations. He stated that there is an existing home 35 and septic system on the property, both of which are approximately 30 feet from the 36 wetland. He stated that the applicant is planning to expand the system to accommodate 37 an additional bedroom and the tanks will be updated during this process. He noted that 38 the new tanks will be further from the wetland but because the mound will be expanded, 39 it will be three feet closer to the wetland. He stated that the criteria for this type of 40 variance is different than zoning variance criteria and reviewed how the property owner 41 believes they have met the criteria. He noted that the building official recommends 42 approval. 43 44 Martin opened the public hearing. 45 46 No comments. 47 48 Martin closed the public hearing. 49 50 Medina City Council Meeting Minutes March 1, 2022 11 Moved by DesLauriers, seconded by Cavanaugh, to direct staff to draft a resolution 1 approving the variance subject to the conditions noted in the staff report. 2 3 A roll call vote was performed: 4 5 DesLauriers aye 6 Albers aye 7 Cavanaugh aye 8 Reid aye 9 Martin aye 10 11 Motion passed unanimously. 12 13 B. Abraham Accessory Dwelling Unit CUP (8:58 p.m.) 14 Johnson stated that the Abraham family is requesting to build an accessory dwelling unit 15 on their property. 16 17 Baumgardner stated that the applicant proposes to build a two-bedroom accessory 18 dwelling unit along with the single-family home they will be constructing on the subject 19 property. She reviewed the property zoning. She provided details on the proposed 20 design, noting that the request meets all setback and size requirements for an accessory 21 dwelling unit. She noted that the primary dwelling and accessory dwelling will be 22 constructed from the same materials as they will be constructed together. She stated 23 that staff believes the general conditions are met through this proposal and provided an 24 overview. She reported that the Planning Commission held a public hearing at its 25 February meeting and unanimously recommended approval. 26 27 Cavanaugh commented that this seems to be a straightforward CUP and asked if this is 28 something that could qualify for administrative approval in the future. 29 30 Martin commented that the concept of accessory dwelling units is relatively new to 31 Medina and therefore the desire of the Council was to review these proposals for 32 compliance with the CUP as they come forward. She commented that the Council could 33 discuss the concept of administrative review in the future if desired. 34 35 Moved by DesLauriers, seconded by Cavanaugh, to direct staff to draft a resolution 36 approving the Conditional Use Permit based upon the findings and subject to the 37 conditions described in the staff report. 38 39 A roll call vote was performed: 40 41 DesLauriers aye 42 Albers aye 43 Cavanaugh aye 44 Reid aye 45 Martin aye 46 47 Motion passed unanimously. 48 49 Medina City Council Meeting Minutes March 1, 2022 12 X. CITY ADMINISTRATOR REPORT (9:07 p.m.) 1 Johnson stated that on March 15th staff will bring forward the virtual meeting discussion 2 to the Council and the recommendation of staff will be to return to in person meetings on 3 April 19th. 4 5 Martin asked if there is a continuation of the Board of Equalization meeting would that 6 have to be done virtually as well. 7 8 Johnson confirmed that a continuation of that meeting would be done virtually. He noted 9 that should that happen, the continued Board of Equalization meeting would be held 10 virtually, and the regular Council meeting would be done in person. 11 12 DesLauriers commented that if there were a continuation, he would prefer to hold the 13 regular meeting virtually as well. 14 15 Martin agreed. 16 17 Johnson commented that there has been a tendency for the Board of Equalization 18 meeting to carry over to a second meeting and therefore it may make more sense to 19 return to in person meetings for the first meeting in May. 20 21 Cavanaugh commented that he would agree with the recommendation of staff. 22 23 Albers commented that he believes both meetings should be held virtually. 24 25 Martin confirmed the consensus of the City Council is to plan to return to in person 26 meetings on May 3rd. 27 28 XI. MAYOR & CITY COUNCIL REPORTS (9:11 p.m.) 29 Martin provided an update on the recent fire district planning meetings that she has 30 attended, noting that it was interesting to hear the different perspectives regarding 31 different equipment such as ladder trucks. She noted that Wayzata has joined the 32 discussions. She stated that Johnson is a part of the subcommittee working on a draft 33 JPA. 34 35 Johnson stated that the subcommittee met earlier today to begin discussions on a draft 36 JPA. He stated that the group will meet again in late March in hopes of presenting 37 information to the larger fire district group at its April meeting. 38 39 XII. APPROVAL TO PAY THE BILLS (9:15 p.m.) 40 Moved by Cavanaugh, seconded by Albers, to approve the bills, EFT 006258E-006284E 41 for $86,501.64, order check numbers 052621-052684 for $144,723.98, and payroll EFT 42 0511649-0511679 for $56,260.95. 43 44 A roll call vote was performed: 45 46 DesLauriers aye 47 Albers aye 48 Cavanaugh aye 49 Reid aye 50 Martin aye 51 Medina City Council Meeting Minutes March 1, 2022 13 1 Motion passed unanimously. 2 3 XIII. ADJOURN 4 Moved by Cavanaugh, seconded by DesLauriers, to adjourn the meeting at 9:21 p.m. 5 6 A roll call vote was performed: 7 8 DesLauriers aye 9 Albers aye 10 Cavanaugh aye 11 Reid aye 12 Martin aye 13 14 Motion passed unanimously. 15 16 __________________________________ 17 Kathy Martin, Mayor 18 Attest: 19 20 21 ____________________________________ 22 Scott Johnson, City Administrator 23 Resolution No. 2022-XX Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2022-XX RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ACCESSORY DWELLING UNIT FOR THE PROPERTY AT 3003 HAMEL ROAD WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Chad R. Abraham and Mickel T. Abraham (the “Owners”) are the fee owners of the property located at 3003 Hamel Rd (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, on behalf of the Owners, Rehkamp Larson Architects (the “Applicants”) has requested approval from the City of a conditional use permit for construction of an accessory dwelling unit with approximately 908 square feet of habitable area on the Property; and WHEREAS, Section 826.98 of the City Code states that the City may grant a conditional use permit to allow for an accessory dwelling unit when the conditions listed are met; and WHEREAS, the Planning Commission held a public hearing and reviewed the requested conditional use permit on February 8, 2022, accepted testimony from the Applicants, City staff, and any interested parties, and recommended approval subject to certain conditions; and WHEREAS, the City Council reviewed the request at the March 1, 2022 meeting, reviewed the testimony and recommendation of the Planning Commission; and WHEREAS, the City Council has found that, subject to the terms and conditions described below, the proposed conditional use permit is consistent with the requirements of Section 826.98 and meets the criteria contained in Section 825.39 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the conditional use permit for the accessory dwelling unit noted above, subject to the following terms and conditions: 1) This conditional use permit shall be contingent upon construction and issuance of a certificate of occupancy of a new single-family home on the Property. 2) The single family home and accessory dwelling unit shall be constructed in accordance with the plans submitted to the City by the Applicant for consideration of the conditional use permit approved herein. 3) The accessory dwelling unit shall not be modified to include more than two bedrooms. Agenda Item #5A Resolution No. 2022-XX 2 4) The single-family dwelling and accessory dwelling unit may not be conveyed separately and shall at all times be under common ownership. 5) The property owner shall occupy either the principal single-family dwelling or the accessory dwelling unit as their primary residence. 6) The Applicants shall address the comments of the City Engineer and obtain necessary permits from the City, Hennepin County, Minnehaha Creek Watershed, and other relevant agencies. 7) Grading, drainage, and erosion control plans shall be subject to review and approval by the City Engineer prior to commencing construction. 8) The application shall meet the requirements of the wetland protection ordinance, including provisions for recordation of easements, planting of appropriate vegetation and installation of required signs. 9) The Applicants or Owners shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for the Conditional Use Permit. Dated: March 15, 2022. By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, 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. 2022-XX 3 EXHIBIT A Legal Description of the Property That part of the Northeast quarter of the Northwest quarter of Section 16, Township 118 North, Range 23 West of the 5th Principle Meridian, lying Westerly of the East 328 feet of said Northeast quarter of the Northwest quarter. Address: 3003 Hamel Rd, Medina, MN 55340 PID: 16-118-23-21-0007 Resolution No. 2022-### DATE Member _________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2022-### RESOLUTION GRANTING WETLAND SETBACK VARIANCE TO HUAJIE DENG AND XIAOYAN LIU FOR AN INDIVIDUAL SEWAGE TREAMENT SYSTEM AT 2472 PARKVIEW DRIVE WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Huajie Deng and Xiaoyan Liu (the “Owners”) own property located at 2472 Parkview Drive, (the “Property”), which is legally described in Exhibit A, attached hereto; and WHEREAS, the Owners have requested approval of a variance to reduce the required 75- foot setback for an individual sewage treatment system (ISTS) from a wetland on the Property; and WHEREAS, the City Council held a public hearing and reviewed the requested variance on March 1, 2022, and heard testimony from City staff, and any interested party; and WHEREAS, following such review the City Council made the following findings: 1) The granting of the variance is in harmony with the general purposes and intent of the City’s ISTS ordinance, and is in in accordance with Minnesota Rules, Chapters 7080, 7081, and 7082. 2) The Owners have established that there are practical difficulties in meeting the strict letter of the ISTS ordinance. 3) The condition causing the demonstrated difficulty is unique to the Property and was not caused by the actions of Owners. 4) The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons in the vicinity of the Property. NOW, THEREFORE BE IT RESOLVED, that, pursuant to Medina City Code section 720.21, the City Council of Medina, Minnesota hereby approves a variance to reduce the required 75-foot wetland setback for an ISTS on the Property, subject to the following terms and conditions: 1) The ISTS shall be subject to review and approval by the Building Official and shall be installed generally as displayed on the design dated July 7, 2021. The absorption area shall be a minimum of 20 feet from the wetland and tanks shall be a minimum of 40 feet from the wetland. 2) The Owners shall have the ISTS inspected and assessed by an ISTS designer following three years of operation to determine whether additional monitoring and maintenance requirements shall be implemented to improve long-term operation of the ISTS. The Agenda Item #5B Resolution No. 2022-### 2 DATE Owners shall submit record of this inspection and recommendations of the designer to the City. 3) The Owners shall take necessary actions in the future as directed by the professional monitoring the ISTS, which may include, but is not limited to: a. adjusting dosing. b. additional pumping. c. maintenance activities. 4) A permit for installation of the ISTS shall be obtained within one calendar year of the date of this resolution. 5) The Owners shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application for the variance. Dated: March 15, 2022 By: ______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, 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. 2022-### 3 DATE Exhibit A Legal Description of the Property 1 TO: Mayor Martin and Members of the City Council FROM: Caitlyn Walker, City Clerk/Assistant to the City Administrator DATE: March 7, 2022 MEETING: March 15, 2022 SUBJECT: Resolution Reestablishing Precincts and Polling Places Summary On February 15, a panel of Minnesota Judges released the congressional and legislative district maps that will be in place for the next decade. The City of Medina does not have a congressional or state legislative boundary going through the city. Therefore, no changes to the existing precincts and polling places are required. Staff received instruction from Hennepin County Elections to change the precinct names from Precinct 1A and Precinct 1B to Precinct 1 and Precinct 2 to create conformity in precinct names in the county. The polling location for Precinct 1 is City Hall and the polling location for Precinct 2 is the Hamel Community Building. Recommendation Staff recommends adoption of the resolution reestablishing the existing precincts and polling places with the new names of Precinct 1 and Precinct 2. Attachments 1. Draft Resolution 2. Precinct Map MEMORANDUM Agenda Item #5C Resolution No. 2022-## March 15, 2022 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022-## RESOLUTION REESTABLISHING PRECINCTS AND POLLING PLACES WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, Minnesota Statute section 204B.14, subd. 3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Medina, County of Hennepin, State of Minnesota hereby reestablishes the boundaries of the voting precincts and polling places as follows: Precinct 1 – Orono & Delano School Districts: That part of the City of Medina which lies within: Sections 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Township 118 North, Range 23 West, Hennepin County, Minnesota; And the North half of Section 25; And the North half of Section 26; And the North half of Section 27; And the North half of Section 28; And the North half of Section 29; And the North half of Section 30; And the South half of Section 14; And the South half of Section 15; And Section 4, except for the Northeast quarter of said Section; And Section 9, except for the Northeast quarter of said Section; And the Southwest quarter of Section 13; And the South half of the Southeast quarter of Section 13. Precinct 2 – Wayzata & Rockford School Districts: That part of the City of Medina which lies within: Sections 1, 2, 3, 10, 11, and 12, Township 118 North, Range 23 West, Hennepin County, Minnesota; And the North half of Section 13; And the North half of Section 14, And the North half of Section 15; And the Northeast quarter of Section 4; And the Northeast quarter of Section 9; And the North half of the Southeast quarter of Section 13. Resolution No. 2022-## March 15, 2022 Dated: March 15, 2022 By: _______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, 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. City of Medina Voting Precincts Map Date: March 7, 2022 Precinct 2 Precinct 1 Voting Location: Medina City Hall, 2052 County Road 24 Voting Precincts PRECINCT 1 PRECINCT 2 School District #278 (Orono) School District #879(Delano) School District #284(Wayzata) School District #883(Rockford) Voting Location: Hamel Community Building, 3200 Mill Drive 1 TO: Honorable Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 3, 2022 MEETING: March 15, 2022 SUBJECT: Lawn & Grounds Services Agreement Public Works solicited quotes from ten different subcontractors for the 2022-2024 lawn and grounds services contract period. We received six proposals back, with Twin City Outdoor Services, Inc. coming in as the low quote. The following proposals were received for the 2022-2024 Lawn and Grounds Removal Services: Additional Weekly Rate Flat Rate Per Season 1. Twin City Outdoor Services $2,751.03 $81,046.15 2. Jered’s $3,600.00 $93,000.00 3. Designing Nature Inc. $3,741.00 $97,249.00 4. Prestigious $2,951.70 $105,814.93 5. JC Lawn & Landscape $7,559.00 $249,999.00 6. Maple Crest $8,830.75 $299,696.28 Staff Recommendation: It is the recommendation of Staff to enter into the Lawn and Grounds Service Agreement with Twin City Outdoor Services, the lowest quote, at the total contract rate of $81,046.15. Attachments • Lawn and Grounds Services Agreement • Exhibit A and B MEMORANDUM Agenda Item #5D 1 LAWN AND GROUNDS SERVICES This Agreement is made this 15th day of March 2022, by and between Twin City Outdoor Services, Inc. 14430 21st Ave N, Plymouth, MN 55447, 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 lawn and grounds services; and 2. The City has approved the contract for lawn and grounds 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 lawn and grounds services for the City. “Lawn and Grounds Services” will consist of lawn mowing, trimming around all permanent obstacles (careful not to harm trees), clearing off walks and drives with blower after mowing, weed-whipping curbs and edges of sidewalks and under fences and benches; as well as picking up paper and debris prior to mowing. A small push mower must be used in sensitive areas near buildings. These services shall occur on a weekly basis, for a total of 26 weeks, typically from April 19th – October 17th (start date determined by the Public Works Director) in the areas listed in 3.0 and marked on Exhibit A. Any additional weeks of mowing will be approved by the Public Works Director and paid at the weekly rate. The t-ball backstop open field and ball fields at Hamel Legion Park and Hunter Lions Park (shown on Exhibit B), as well as Morningside Park, shall be mowed twice a week until July 31st, then weekly. In order to assist with the league schedule, the City requests that the mowing be performed on Mondays and Thursdays early in the day for the twice a week mowing (unless otherwise notified), and Mondays early in the day for the once a week mowing, weather permitting. The Contractor will be responsible for mowing the lawn and trimming around fences, monuments, or other fixtures every week at the German Liberal Cemetery, general grounds clean-up of brush or other minor debris that may interfere with mowing services and providing a list of operating equipment that will be used in the cemetery. The Contractor will also perform spring & fall clean-ups consisting of picking up debris/leaves at Walnut Park/drainage area, Morningside Park, Hunter Lions Park, Public Works/Police Facility, and City Hall. Fall cleanup will be performed when appropriate, after most of the leaves have fallen, and determined by the Public Works Director. 2.0. TERM. The term of this contract will be from April 1, 2022 to April 1, 2024. 3.0 COMPENSATION. The City shall compensate the Contractor in the amount of $81,046.15 per season year (26 weeks), which includes sales tax. Additional weeks of mowing approved by the Public Works Director will be paid at a weekly rate of $2,751.03. Any non-contract 2 requests for lawn and grounds removal services by the Public Works Director will be billed to the City separately at a rate of $300 per hour. Lawn and grounds services, described in 1.0 above, will be provided by the Contractor on the City-owned sites listed below and show on EXHIBIT A, including approximate mowable acres for each: 1. Hamel Legion Park, 3200 Mill Drive (29 Acres for both) $_43,038.61_ a. Ball fields & T-ball open field (Exhibit B) b. Remainder of property 2. Hunter Lions Park (Exhibit B) (3.5 Acres) $__5,194.32__ 3. Park at Fields of Medina (6.1 Acres) $__9,052.95__ 4. Morningside Park (1.5 Acres) $__2,226.14__ 5. Holy Name Park (1.5 Acres) $__2,226.14__ 6. Lakeshore Park (.62 Acres) $___920.14__ 7. Maple Park (2.5 Acres) $__3,710.23__ 8. Rainwater Nature Area (.65 Acres) $___964.66__ 9. Walnut Park (Drainage Area) (.48 Acres) $___712.36__ 10. City Hall (3 Acres) $__4,452.27__ 11. Public Works/Police Facility (1.75 Acres) $__2,597.16__ 12. Hamel Water Treatment Plant (.51 Acres) $___756.89__ 13. Hamel Well House #1 (.6 Acres) $___890.45__ 14. Hamel Well House #2 (.1 Acres) $___148.41__ 15. Hamel Well House #8 (4295 Brockton Ln) (.1 Acres) $___148.41__ 16. Willow Drive Water Tower (.60 Acres) $___890.45__ 17. Independence Beach Well House (.50 Acres) $___742.05__ 18. Sioux Drive (Roadway Strip) (.10 Acres) $___148.41__ 19. Evergreen Road (Boulevard Strip) (.10 Acres) $___148.41__ 20. Clydesdale/Co Rd 101 (By Holiday) (.7 Acres) $__1,038.86__ 21. German Liberal Cemetery (.7 Acres) $__1,038.86__ TOTAL PER YEAR (including sales tax): (Approximately 54.61 mowable acres) $_81,046.15__ 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. 3 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. 4 CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Scott T. Johnson, City Administrator TWIN CITY OUTDOOR SERVICES, INC. By ______________________________ Mike Carter, General Manager HAMEL PI O N E E R H O M E S T E A D PA R K V I E W WI L L O W CO U N T Y R O A D 1 9 MED I N A NAVAJO HIGHWAY 55 TO W N L I N E TA M A R A C K CHESTNUT COUNTY ROAD 24 ARR O W H E A D HU N T E R CHEYENNE BR O C K T O N H O L Y N A M E HACKAMORE HOLLYBUSH MORNINGSIDE HU N T E R CO U N T Y R O A D 1 9 HIG H W A Y 5 5 TA M A R A C K MEDINA MEDINAWIL L O W COUNTY ROAD 24 TOM A H A W K CHIPPEWA CHIPPEWA CO U N T Y R O A D 1 0 1 CO U N T Y R O A D 1 1 6 MO H A W K AR R O W H E A D COUNTY ROAD 11 CLYDE S D A L E CLYDESDALE EVERGREEN CO U N T Y R O A D 1 9 HAMEL WI L L O W P I O N E E R WI L L O W HAMEL HIGHWAY 5 5 Map Date: November 7, 2019 Scale: 1:30,000 [ 0 0.5 10.25 Mile Exhibit A Well #1 Well #2 Water Treatmen Plant Independence Beach Well House Maple ParkWalnutPark Lakeshore Park German Liberal Cementery Willow Drive Water Tower City Hall Morningside Park Park at Fields of Medina Evergreen RoadBoulevard StripPW/PoliceFacility RainwaterNature Area Clydesdale/Co Rd 101 Sioux Drive Roadway Strip Hamel LegionParkHunter Lions Park Well #8 Holy Name Park Mowing Contract Parcels Exhibit B Hamel Legion Park Ball Fields Ball Field Play Area Ball Field Play Area Open Field Area For T-ball Backstops Ball Field Play Area H u n t e r D r i v e Hunter Lions Park Ball Field This infield will have grass in 2020 1 TO: Honorable Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: March 01, 2022 MEETING: March 15, 2022 SUBJECT: Portable Sanitation Services Agreement Each year the City provides portable sanitation units in city parks. Most of the units are put in the parks around April 15th and are removed the middle of October. The exceptions are the units at Morningside Park and Maple Park, which are left up year-round and two of the units near the fields at Hamel Legion Park that only get played on until the middle of July. The City of Medina is currently under contract with Jimmy’s Johnnys until April 2022 and has been pleased with their service. The previous annual contract was $5,395; the new annual contract will be $4,062.96. The list of parks where the units will be located and the dates, they will be available are as follows: • Hamel Legion Park 2 Units (2- ADA Units – April 15 to July 15) • Hamel Legion Park 1 Unit (1- ADA Unit- Paul Fortin Field – April 15 to Oct. 15) • Hunter Lions Park 1 Unit (April 15 to October 15) • Holy Name Park 1 Unit (April 15 to October 15) • Lakeshore Park 1 Unit (April 15 to October 15) • Morningside Park 1 Unit (Year-Round) • Maple Park 1 Unit (Year-Round) • Fields of Medina 1 Unit (1-ADA Unit April 15 to October 15) Staff Recommendation: It is the recommendation of Staff to extend the Portable Sanitation Services Agreement with Jimmy’s Johnnys, at the annual contract rate of $4,062.96. Attachments • Portable Sanitation Services Agreement • Exhibit A and Exhibit B MEMORANDUM Agenda Item #5E 1 PORTABLE SANITATION SERVICES AGREEMENT This Agreement is made this 15th day of March 2022, by and between Jimmy’s Johnnys, 39578 Grand Avenue, North Branch, MN 55056, 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 portable sanitation services; and 2. The City has approved the contract for portable sanitation 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 provide Portable Sanitation Units to City parks designated on 3.0 COMPENSATION. The units will be placed in the parks approximately April 15th, and are to be removed by October 15th, a total of six months (unless otherwise noted in 3.0), with the exception of Morningside and Maple Park, which are left up year-round. The service on these units will occur on a weekly basis from April 15 – October 15 (or as determined by the Public Works Director) in the areas listed in 3.0, and marked on Exhibit A and Exhibit B. 2.0. TERM. The term of this contract will be from April 1, 2022 to April 1, 2024. 3.0 COMPENSATION. The City shall compensate the Contractor in the amount of $4,062.96 per year. The City is exempt from sales tax. Any non-contract requests for extra units or extra service to the units for special events by the Public Works Director will be billed to the City separately at a rate of $65 per extra unit, or $30 per extra service. Portable Sanitation services, described in 1.0 above, will be provided by the Contractor on the City-owned sites listed below. 1. Hamel Legion Park/ADA(Lighted field - April 15th - July 15th) 2. Hamel Legion Park/ADA(Outside four-plex - April 15th - July 15th) 3. Hamel Legion Park/ADA (Paul Fortin Field - April 15th - October 15th) 4. Morningside Park (year-round) 5. Maple Park (year-round) 6. Holy Name Park (April 15th - October 15th) 7. Hunter Lions Park (April 15th - October 15th) 8. Lakeshore Park (April 15th - October 15th) 9. Fields of Medina/ADA (April 15th - October 15th) 2 3.01 The Contractor shall pay for any licenses and permits. These costs shall be included in the bid cost. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools 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 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy 3 or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By _____________________________ Caitlyn Walker, City Clerk JIMMY’S JOHNNYS By _____________________________ Rich Anderson, Regional Manager   Hamel Legion Park Home to Hamel Baseball Legend Parking No Parking Indoor Bathrooms Port-a-Potty Handicap Accessible Port-a-Potty No Parking is allowed in the Hamel  Community Building Parking Lot Additional Parking available in the  Municipal Lot Pa r k i n g  on  Br o c k t o n  is  da n g e r o u s !   Exhibit B 1 BALL FIELD RENTAL AGREEMENT This Agreement is made this 15th day of March 2022, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”) and the Orono Baseball Association, a Minnesota non-profit corporation, herein called the “Licensee”. WHEREAS, the Licensee desires to use the baseball field for youth baseball owned by the City and located in the City’s Medina Morningside Park (the “Subject Property”) depicted in Exhibit A attached hereto. WHEREAS, the City is willing to allow the Licensee to use the Subject Property, subject to certain terms and conditions; and WHEREAS, the City and the Licensee wish to have a written agreement memorializing the terms and conditions under which the City and the Licensee will accomplish the above. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. The City hereby grants the Licensee permission to use the Subject Property from May 1, 2022 through July 1, 2022 on Monday through Thursday evenings from 5:30 p.m. until 8 p.m. 2. The Licensee shall provide the City with a written schedule of any changes in the schedule at least ten days prior to such use. 3. The Licensee shall maintain an insurance policy in the amount of $1,000,000, single limit of liability per occurrence to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Licensee and its respective employees or agents under this Agreement. The Licensee shall name the City as an additional insured under its general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Licensee shall provide evidence to the City that acceptable insurance coverage is effective. 4. The Licensee shall submit a damage and maintenance deposit in the amount of $500.00 to the City prior to May 1, 2022. The City shall return the deposit to the Licensee, minus expenses for any damage or maintenance to the Subject Property following inspection by the City after July 1, 2022. 5. The City shall provide for regular mowing of the Subject Property. 6. The Licensee shall provide all equipment necessary to conduct baseball activities and shall provide for all other regular maintenance of the Subject Property including but not limited to chalk lining for normal ball field measurements and boundaries, grooming the fields, filling in divets, re-establishing Ag Lime, and picking up all trash, paper, and debris after use of the field. Agenda Item #5F 2 7. Upon termination of this Agreement, the Licensee agrees to remove from the Subject Property all temporary structures, equipment and other items used by the Licensee, leave the Subject Property free from debris and return the Subject Property to its condition prior to its use by the Licensee. 8. The Licensee shall pay the City $400.00 for use of the Subject Property for the term of this agreement. Payment of the $400.00 shall be submitted to the City by May 1, 2022. 9. The Licensee hereby agrees to defend, indemnify and hold harmless the City, its officers, employees and agents, from any liability, damages, claims, costs, judgments or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from the Licensee’s use of the Subject Property. 10. The City may cancel, terminate, suspend or modify the terms of this Agreement upon default by Licensee or failure of the Licensee to comply with this Agreement. CITY OF MEDINA By ________________________________ Kathleen Martin, Mayor By _________________________________ Scott T. Johnson, City Administrator ORONO BASEBALL ASSOCIATION (LICENSEE) By________________________________ Its:_______________________ 3 Exhibit A Medina Morningside Park Ball Field Subject Property 1 AMENDED AND RESTATED GROUNDS SERVICES AGREEMENT This Amended and Restated Grounds Services Agreement (“Agreement”) is made this 15th day of March, 2022, by and between the Hamel Athletic Club, P.O. Box 62, Hamel, MN 55340, a Minnesota non-profit 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 grounds services; and 2.The City has approved the contract for grounds services with the Contractor; and 3.The parties wish to redefine 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 “grounds services” for the City on all fields on the attached Exhibit A. “Grounds services” will consist of: Picking up paper, trash, and debris following ball field use. This shall include keeping all dugouts clean and sweeping daily. Individual parties renting the fields will be responsible for cleaning up their own trash and debris, however, the Contractor will be responsible should the renters fail to perform their duties. Grooming and dragging ball fields for Contractor’s scheduled practices, games, and tournaments. Chalking ball fields for Contractor’s scheduled games and tournaments. Preparing fields after rain to get them in playing condition to include getting rid of standing water and use of diamond dry when needed. Maintaining the lips of all fields and re-edging each field every year as determined by the City. Maintaining pitcher’s mound and home plate daily for all fields. Working with the City on rolling the fields once during the contract term, at a time and date designated by the City. In consideration for providing the grounds services, the Contractor shall have the first option for dates reserved prior to March 31st for games and practices taking place between April 1 and October 9, 2022 to schedule and conduct youth baseball and softball practices and games on the Hamel Legion Park fields as defined in Exhibit A (the “Subject Property”). Contractor may also erect temporary back stops if needed for younger youth leagues in the open field areas of Hamel Legion Park as defined in Exhibit A. Contractor will remove backstops by July 31, 2022. Contractor shall be allowed to conduct youth softball/baseball tournaments and unlimited development clinics on the Hamel Legion Park and Hunter Lions ball fields during the duration of this Agreement. Agenda Item #5G 2 Contractor will conduct its team formation tryouts on a weekend or weekends in April. The Contractor will also use these days to do field preparation. All Contractor schedules of activities shall be coordinated and approved by the City’s Staff Liaison. When possible, the Contractor will receive notification 30 days in advance of any events scheduled for the fields, so conflicts can be avoided. The Contractor will provide the City Staff Liaison with an email contact list, to help facilitate this communication. 2.0. TERM. The term of this contract will be from April 1, 2022 to October 31, 2022. 2.01 RIGHT OF FIRST OFFER. Prior to marketing the Subject Property, Areas A, B, C, D, and E per the attached Exhibit A to others at the end of the Term of this Agreement, the City shall give notice to the Contractor that the Subject Property will be made available to others and the terms (including the same number of fields, days and hours identified in Section 3.02 and Section 3.03 of this Agreement) to be contained in any such offer. The Contractor will have the right to accept the terms of any such offer referred to in the preceding sentence by giving the City notice of its election within 30 days of receipt of the terms of the City’s proposed offer. 3.0 COMPENSATION AND USAGE TERMS. 3.01 The Contractor shall provide the City with a $1,000.00 deposit by April 1, 2022 as a deposit for use of the City ball fields and facilities. The City shall retain a portion or all the deposit for actual costs incurred to repair damages to facilities as a result of the Contractor’s use or for costs incurred by the City to perform services which Contractor failed to perform under this Agreement. The City shall return any remaining balance of the deposit to the Contractor within 30 days following termination of the Agreement or at the Contractor’s request, roll the deposit forward for the next season. If additional expenses are incurred by the City in repairs and in the performance of services otherwise obligated to be performed by the Contractor under this Agreement in an amount in excess of the deposit, the City will submit a bill for the difference between the actual cost and the deposit to the Contractor and the Contractor agrees to pay such balance within 30 days of receipt. 3.02 The Contractor shall pay the City in the amount of $3,250.00 for use of the Hamel Legion Park recreational fields (Areas A, B, and C) per the days, times and dates detailed below. Payment shall be submitted to the City by April 15, 2022 • Area A per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., April 1st through October 9th, 2022. • Area B per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., April 1st through October 9th, 2022 • Area C per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m. from April 1st through July 9th, 2022. 3.03 The Contractor shall pay the City in the amount of $550 for use of Paul Fortin Field (Area D) per the days, times, and dates detailed below. Payment shall be submitted to the City by April 15, 2022. 3 • Area D per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., from April 1st through October 9th, 2022 with the condition that the Contractor will work with the Hamel Hawks’ schedule for shared use of Area D. 3.04 The Contractor shall pay the City in the amount of $0 for use of Hunter Lions Field (Area E) per the days, times, and dates detailed below. Payment shall be submitted to the City by April 15, 2022. • Area E per the attached Exhibit A will not be used in 2022 due to city construction. 3.05 The Contractor will also receive priority for use of the batting cages in Area A and Area B per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 8:00 p.m. from April 1st to October 9, 2022. The Contractor may also use the Hamel Legion Park recreational fields on weekends for training events at no additional cost with the condition that priority would be given to a scheduled group that has paid for a weekend field reservation. Payment shall be submitted by Contractor to the City by April 15, 2022. 3.06 The Contractor shall pay the City $60.00 per field each day for use of the Hamel Legion Park and/or Hunter Lions Park ball fields for youth softball/baseball tournaments. Payments shall be submitted to the City within 15 business days of the tournament completion. 3.07 The Contractor shall pay the City a $4.00 per participant surcharge fee by April 15, 2022 for use of the bathrooms, building utilities, and general facilities to help pay for utilities and building maintenance. The Contractor shall provide the City a roster of participants in their program by April 1, 2022. 3.08 The Contractor shall pay the City $150 each time the Contractor requests that the City conduct a second weekly mowing of the open fields in Area C per the attached Exhibit A. 3.09 If the Contractor fails to pay the City for any of the fees, bills, deposits, expenses, repairs or damages listed in this Agreement by its due date, a 10% late fee will be applied per month of non-payment. 3.10 The Contractor shall have access to store equipment and tools in the field house garage located in Hamel Legion Park Area A per the attached Exhibit A, storage shed located near Area B per the attached Exhibit A, and the storage shed located in Hunter Lions Park Area E per the attached Exhibit A. i) The Contractor shall submit all construction plans to the City and receive approval from the Public Works Director prior to making any changes to the storage area, shelves, or other items in the field house or field house garage at Hamel Legion Park. 3.11 The Contractor shall have access to the Hamel Community Building Assembly Hall for the purpose of youth ball team organizing meetings. The Contractor shall be limited 4 to conducting five organizing meetings for the duration of this Agreement. The Contractor shall schedule these meetings in advance through the City’s rental agent to avoid scheduling conflicts. 3.12 The City will grant the Contractor a temporary sign permit on the premises at Hamel Legion and Hunter Lions Parks at no cost to the Contractor for event and registration signage in compliance with City sign regulations. 3.13 The City shall supply Ag Lime for the inner fields and for the outer tracks around the fields in an amount to be mutually agreed upon by both parties. 3.14 The City shall provide reasonable repair to ball fields upon receiving sufficient notice from Contractor of repair requests and upon sufficient City equipment, materials and labor being available. These repairs are not the grounds services provided by the Contractor, but damages to the ball fields which the Public Works Director defines as arising outside of the responsibilities of the Contractor as defined in this Agreement. 3.15 The City shall provide cleaning services of the Field House bathroom facilities once a week between the dates of April 25 and October 9, 2022. 3.16 The City shall provide a garbage enclosure and garbage and recycling containers at the ball fields and shall coordinate collection at the garbage enclosure once a week between the dates of April 25 and October 9, 2022. 3.17 The City shall provide grass mowing of the ball fields excluding the infields twice a week from April 25 to July 31 and once a week from August 1 through October 9, 2022, or as needed in the area listed as Exhibit A and weed control of the ball fields as needed. To help league play, Contractor requests that the mowing be performed on Mondays and Thursdays (weather permitting), so that grass length does not hamper play. 4.0 SIGN ADVERTISEMENT PROGRAM. The Contractor shall be allowed to sell sign advertisements to area businesses to be placed on the ball field fences or scoreboards in Hamel Legion Park per the following conditions: 4.01 All proceeds from the program must be used for capital improvements within Hamel Legion Park such as ball field lights, irrigation system, dugouts, scoreboards, pitching mounds, etc. 4.02 The Contractor must maintain records of revenues and expenses from sign program and provide records to the City. 4.03 Sign dimensions and materials must be uniform and be approved by the City Staff Liaison. 4.04 Signs may be placed on the scoreboards or outfield fences facing home plate or on the ball field fences facing the walkway toward the field house as long as the signs do not restrict anyone’s view of the fields. No signs may be placed facing Brockton Lane. 5 4.05 Signs will be purchased, installed and maintained by the Contractor. It will be the sole responsibility of the contractor to repair and replace damaged signs and any damage such signs may cause to the fence on the fields of the park. 4.05 Signs will only be allowed to be displayed on the fences in the park during the regular season from April 1 to October 9, 2022. It is the responsibility of the Contractor to remove fence signs by October 9, 2022. 5.0 SALE OF FOOD AND BEVERAGES. The sale of food and beverages during Contractor use of premises is prohibited unless separate agreement or license is granted by the City. 6.0 INDEPENDENT CONTRACTOR. 6.01 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. 6.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 6.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 7.0 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 employees, agents and subcontractors under this Agreement. The Contractor shall name the City as an additional insured under its general liability policy which shall remain in force during the term of this Agreement and shall maintain limits of liability under such policy of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate, issued by an insurance company rated no less than A- by AM Best Company. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 8.0 WORKER’S COMPENSATION. 8.01 The Contractor will comply, and will ensure that each of its subcontractors comply, with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 8.02 The Contractor and any subcontractors will provide their own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 6 9.0 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 or failure to perform under this Agreement. 10.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 11.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 12.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or entity to provide services under this Agreement without first obtaining the express written consent of the City. The Contractor shall provide the City with copies of all contracts for assigned or subcontracted services. 13.0 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. 14.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 15.0 TERMINATION. The City may terminate this Agreement at any time, for any reason. The Contractor must give no less than a 30 day written notice to the City to terminate this Agreement. The Contractor shall pay the City all sums due and the Contractor shall remain obligated to meet all applicable provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _ Kathleen Martin, Mayor By Scott T. Johnson, City Administrator 7 HAMEL ATHLETIC CLUB (CONTRACTOR) By Andrew Servi, President 1 HAMEL LEGION PARK CONCESSION SERVICES AGREEMENT THIS HAMEL LEGION PARK CONCESSION SERVICES AGREEMENT (the “Agreement”) is entered into this 15th day of March 2022, by and between the City of Medina, a Minnesota municipal corporation (the "City") and the Hamel Athletic Club, a Minnesota non-profit corporation (the "Contractor"). RECITALS WHEREAS, the City owns the Tom Anderson Fields Four-Plex in Hamel Legion Park (the “Site”) which was constructed for general community recreational use; and, WHEREAS, the City desires to make available the sale of food and beverage concessions (the “Concessions”) as a benefit to the general public at the Site in a City owned field house (the “Facility”); and, WHEREAS, the Contractor submitted a proposal representing Contractor’s professional expertise to provide said Concession services; and, WHEREAS, the City and Contractor wish to specify certain terms and conditions relating to the Site and the operation, maintenance and use of the Facility. AGREEMENT NOW, THEREFORE, in consideration of mutual promises and obligations contained herein, the parties agree as follows. ARTICLE I. CONTRACT DURATION This Agreement shall be in effect from the date of execution of this Agreement through October 31, 2022. The City and Contractor shall meet for a post season review after October 31st of each year to discuss the agreement and the duties of each party to determine if an amendment needs to be made for the next season. ARTICLE II. DUTIES OF THE CONTRACTOR 1. Equipment Approvals. The Contractor agrees to provide Contractor owned NSF equipment, approved by Hennepin County Health Department, for Concessions operated on the Site and in the Facility. 2. Inventory Requirements. The Contractor agrees to purchase and maintain an inventory of Concessions and to provide such Concessions as sale items. The Contractor agrees further to provide other supplies as necessary for proper Concession operations. Agenda Item #5H 2 3. Specific Concessions to be Provided. The Contractor agrees to provide beverages, pre-packaged food, and other refreshments for sale to the general public at the Site. The Contractor shall retain all profit from the concession sales. The Contractor shall submit a general list of Concession items and prices to the City with the understanding that specific items may change throughout the season. 4. Responsibility for Facility. The Contractor will be responsible for any damage to the Site, the Facility and the Facility’s contents. 5. Times and Dates of Concession Services. Concessions shall be open from 5:30-9 p.m. Monday – Thursday during regularly scheduled field use by the Hamel Athletic Club and during weekend tournaments approved by the City, beginning April 1, 2022 through October 31, 2022. 6. First Right of Refusal to Serve Concessions. The Contractor shall have first right of refusal to serve Concessions during the hours of ball field use. If the Contractor is unable to serve Concessions on any given day, a third party may be allowed to provide Concession services at the Facility as long as they first obtain a license through the Hennepin County Department of Health or the Contractor agrees to allow the third party to operate under the Contractor’s existing license. If the third party wishes to use the Contractor owned equipment, the third party will need to submit a $300 damage deposit to the Contractor. The damage deposit will be returned to the third party minus any damages after the equipment has been inspected by the Contractor. It will be the Contractor’s responsibility to remove any Contractor owned equipment that is not being used by the third party and inventory from the Facility when a third party is providing Concession services at the Facility. All Concession services shall comply with all Minnesota Department of Health regulations. 7. Management of Food Concession Operations. The Contractor shall provide trained staff for Concession operations at the Site. The Contractor agrees also to train and supervise all workers and volunteers for proper Concession handling and cleanup. 8. Payments to City. The City waives all rental, connection and utility fees for the usage of the Facility for Concession operations. The Contractor shall pay to the City any remaining fees in accordance with the City’s fee schedule. 9. Compliance with Laws. The Contractor agrees to comply with all City Code requirements, including licensing and permit requirements for Concession operations, and shall abide by the orders and instructions of the City’s designated inspectors. The Contractor also agrees to comply with all local, State, and Federal laws, rules, and regulations that apply to such Concessions, including but not limited to, health and sanitary codes regarding the preparation, sale and storage of food. The Contractor shall, at its own expense, obtain and keep in effect all licenses and permits which may be required by law to operate the Facility. Contractor shall require all volunteers to exercise courtesy and consideration in their relations with the public. The Contractor shall be responsible for the payment of any sales taxes and/or personal property taxes which may 3 be due as a result of the Concession or Facility operations. Neither Contractor nor Contractor’s employees or volunteers shall be considered employees of the City for any purpose. 10. Records and Reports. The Contractor agrees to maintain an internal control system which shall include tracking all revenues and expenditures. The Contractor agrees to provide unaudited financial statements to the City upon request by the City. 11. Clean Up and Area Maintenance. The Contractor agrees to be responsible for daily cleaning of the service area and daily pick up of all trash and debris located within 100 feet of the Facility. All garbage and recyclables shall be properly deposited in the garbage enclosure. The Contractor agrees to occasionally check the restrooms to ensure they remain orderly; this includes restocking soap and toilet paper and emptying garbage containers when needed. The Contractor shall be responsible for the cleaning of all equipment and the removal of all Concession supplies from the Site immediately following the close of the season. ARTICLE III. DUTIES OF THE CITY The City shall supply the Facility with electric, water and sewer utilities. The City shall supply the Facility with the proper cleaning supplies, garbage bags, soap, and toilet paper. The City shall be responsible for regular maintenance to the building including weekly cleaning of the restrooms. The City shall supply the Site with adequate solid waste and recyclable containers. The City shall arrange for weekly garbage and recycling collection by a licensed hauler to be picked up at the garbage enclosure. ARTICLE IV. INSURANCE The Contractor shall be responsible for insuring all of its personal property brought and maintained at the Site. During the performance of services, the Contractor shall maintain the following minimum insurance coverage and name the City as an additional insured: A. Comprehensive General Liability Insurance: $2,000,000 combined single limit with bodily injury limits of not less than $2,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $2,000,000 for each occurrence. B. Workers Compensation Insurance in accordance with Minnesota State Laws. C. Property damage insurance to adequately cover repair and replacement costs for the Contractor’s property. ARTICLE V. INDEMNIFICATION The Contractor shall take all reasonable precautions for the safety of all users of the Site and shall provide reasonable protection to prevent damage to the Site. The Contractor agrees to defend, indemnify, and hold harmless the City, its officials, agents, and employees from and against all claims, damages, losses, and expenses, including attorney fees arising out of or resulting from the performance of Concession operations and services 4 under this Agreement by the Contractor, its officers, employees, members and agents. Nothing herein shall be construed as waiving any statutory limitation on liability available to the City. ARTICLE VI. PRIVATIZATION CLAUSE Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. ARTICLE VII. TERMINATION Either party may terminate this Agreement for any reason by giving a thirty (30) day written notice to the other party. ARTICLE VIII. ASSIGNMENT The Contractor shall not assign all or any portion of this Agreement without the City’s prior written consent, which consent the City may withhold at its sole discretion. ARTICLE IX. GOVERNING LAW This Agreement shall be governed by the laws of the State of Minnesota. CITY OF MEDINA By:________________________________ Scott T. Johnson, City Administrator CITY OF MEDINA CITY COUNCIL By:________________________________ Kathleen Martin, Mayor HAMEL ATHLETIC CLUB By:________________________________ Andrew Servi, President 1 MEMORANDUM TO: Medina City Council FROM: Caitlyn Walker, City Clerk/Assistant to City Administrator DATE OF REPORT: March 2, 2022 DATE OF MEETING: March 15, 2022 SUBJECT: Public Works Maintenance Technician Appointment General Background On February 2, 2022, the City Council authorized staff to begin the recruitment process to fill the existing Public Works Maintenance Technician opening. Based on the final scoring of applicants, committee interviews, background/reference checks, we are recommending the appointment of Trevor Ratke to the position of Public Works Maintenance Technician. Mr. Ratke has verbally accepted the position with a starting date of March 31, 2022, contingent on City Council approval. Appointee Background Mr. Ratke has more than six years of experience working in the public works department for the City of Rockford. The City of Medina has confidence in his abilities, communication, character, and problem-solving skills. Selection Process • The City Council directed staff to recruit for full-time position on February 2, 2022. • Advertisements for the position were published through the League of Minnesota Cities, Crow River News, social media, and the City Website. • Applications were received, reviewed, and scored by Public Works Director Steve Scherer and City Administrator Johnson. • The interview was conducted by the panel on February 28, 2022. • The Medina Police Department conducted a background check on Mr. Ratke, which he passed. • Mr. Ratke’s starting date will be March 31, 2022, with an hourly wage (non- exempt) of $31.00/hr., benefits to be at the same rate as other employees, in accordance with the City Personnel Policies. Following a six-month probationary period, Mr. Ratke’s performance will be reviewed, with a positive review Mr. Ratke will become a non-probationary employee. Mr. Ratke has been notified that our recommendation is contingent upon City Council approval. Recommendation We recommend the appointment of Trevor Ratke to the position of full-time Public Works Maintenance Technician, effective March 31, 2022, with an hourly wage (non-exempt) of $31.00/hr., other benefits to be at the same rate as other employees, Agenda Item #5J 2 in accordance with the City Personnel Policies and contingent on completion of a successful DOT Drug Screen. CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 Error! Unknown document property name. Service Agreement This Agreement for Consulting Services (this “Agreement”) is made between Cipher Laboratories Inc. (“Consultant”), with its principal place of business located at 2042 Wooddale Drive, Suite 250, Saint Paul, Minnesota, 55125 and City of Medina, Minnesota (“Client”), with its principal place of business located at 2052 County Road 24, Medina, Minnesota 55340. 1. Term and Termination The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date (the “Effective Date”) of this Agreement. This Agreement shall commence on the Effective Date and will continue until either party hereto provides the other with written notice upon thirty (30) calendar days’ notice of termination. In the event of termination by either party with or without cause, Client will pay Consultant for Services performed up to the date of termination. Client recognizes that the preferred rate defined in this Agreement is contingent upon the purchase of a separate Videography Service Agreement or Website Service Agreement. 2. Complete Agreement This Agreement contains the entire Agreement between the parties hereto with respect to the matters covered herein. No other Agreements, representations, warranties, or other matters, oral or written, purportedly agreed to or represented by or on behalf of Consultant by any of its employees or agents, or contained in any sales material or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Client acknowledges that it is entering into this Agreement solely on the basis of the representation contained herein. 3. Inconsistencies In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern. 4. Jurisdiction The enforcement of this Agreement shall be governed by the laws of the State of Minnesota (without giving effect to its conflicts of law principles). 5. Scope If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law. 6. Dispute Resolution Agenda Item #5K CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 Error! Unknown document property name. Any disputes that arise between the parties with respect to the performance of this Agreement that cannot be settled through negotiation shall, prior to any litigation, be submitted to mediation and shall be conducted under the then current mediation procedures of the American Arbitration Association or any other procedure upon which the parties may agree. The parties hereby agree to share equally in the costs of said mediation (which shall not include the expenses incurred by each party for its own legal representation in connection with the mediation). 7. Notices a. Writing and Permitted Delivery Methods Each party giving or making any notice, request, demand, or other communication required or permitted by this Agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this Agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), or email. b. Addresses Notices to Consultant should be sent to: Cipher Laboratories Inc. Legal Department, 2042 Wooddale Drive, Suite 250, Saint Paul, MN 55125-4421 legal@cipherlabs.com Notices to Client should be sent to: Scott T. Johnson, City Administrator, City of Medina, Minnesota, 2052 County Road 24, Medina, Minnesota 55340-9790 scott.johnson@medinamn.gov c. Effectiveness A notice is effective only if the party giving notice complies with subsections a. and b. and if the recipient receives the notice. 8. Services Provided Consultant will provide the following Services under this Agreement: a. Consultant agrees to provide consulting services related to computer hardware, software, network configuration, operating systems and networks, phones and voice over Internet protocol (VoIP), database development, programming, videography, and other similar work. Such work will be done on behalf of Client and will be performed at a location or locations to be determined by Consultant. For example, services might include installing and configuring operating systems, Internet servers, VoIP phones, associated software, capturing moving images on electronic media (e.g., videotape, direct to disk recording, or solid-state storage like a tapeless camcorder) or streaming media, and video production and post- production work. b. Regular Consulting Hours Regular Consulting Hours shall consist of any time Consultant works for Client during regular business CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 Error! Unknown document property name. hours. Regular business hours are defined as 8:00 AM to 5:00 PM Monday through Friday excluding national holidays. c. Extended Consulting Hours Extended Consulting Hours shall consist of any hours worked by Consultant outside of the period defined as "Regular" Consulting Hours. This includes weekends, the period 5:00 PM to 8:00 AM during weekdays, and all holidays. d. Programming Hours Programming Hours shall consist of any work by Consultant using a programming language such as (but not limited to) Visual Basic, VBScript, C/C++, or Java. 9. Additional Work After receipt of an order that adds to the Services, Consultant may take reasonable action and expend reasonable amounts of time and money based on such order. Client agrees to pay Consultant for such action and expenditure as set forth in this Agreement. 10. Cost of Services All Regular Consulting Hours, as defined in this Agreement, will be provided at a rate of three hundred seventy- five dollars ($375.00) per half hour. All Extended Consulting Hours, as defined in this Agreement, will be provided at a rate of four hundred dollars ($400.00) per half hour. All Programming Hours, as defined in this Agreement will be provided at a rate of three hundred seventy-five dollars ($375.00) per half hour. These rates are subject to change, subject to a thirty (30) day advance written notice to client. 11. Confidential Information a. Each Party hereto ("Such Party") shall hold in confidence for the other Party ("Such Other Party"), and shall not disclose to any non-party to the Agreement, any confidential information of Such Other Party. Confidential information is information which relates to Such Other Party's research, development, trade secrets, or business affairs, but does not include information which is: i) required to be disclosed to comply with the Minnesota Government Data Practices Act; ii) requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar processes), or is required by a regulatory body, to be disclosed; CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 Error! Unknown document property name. iii) generally known or easily ascertainable by nonparties of ordinary skill in computer design, programming, networking, information technology, or the specific business interests of either Party. 12. Staff a. The performance by Consultant of its duties and obligations under this Agreement shall be that of an independent contractor, and nothing herein shall create or imply an agency relationship between Consultant and Client, nor shall this Agreement be deemed to constitute a joint venture or partnership between the parties. Consultant is an independent contractor and Consultant is not employed by Client. Consultant is hereby contracting with Client for the services described in this Agreement and Consultant reserves the right to determine the method, manner, and means by which the services will be performed. Consultant is not required to perform the services during a fixed hourly or daily time. b. Consultant shall not be required to devote its full time to the performance of the services required hereunder, and it is acknowledged that Consultant has other clients and offers services to the general public. The order or sequence in which the work is to be performed shall be under the control of the Consultant. Client shall not provide any insurance coverage of any kind for the Consultant, and Client will not withhold any amount, including taxes, that would normally be withheld from an employee's pay. 13. Non-solicitation of Employees During the term of this Agreement and for a period of twelve (12) months thereafter, Client agrees not to solicit, recruit, or employ any employee of Consultant without the prior written consent of the President or Chief Executive Officer of Consultant. Consultant hereby agrees that it will not solicit, hire, or retain, in any capacity whatsoever any of Client's employees without written consent from Client. LIMITED WARRANTY 14. Liability a. Consultant warrants to Client that the material, analysis, data, programs, and services to be delivered or rendered under this Agreement will be of the kind and quality designated and will be performed by qualified personnel. b. Consultant offers no guarantees or warranties, express or implied, as to system availability and functionality during any phase of its support services and makes no guarantees or warranties, expressed or implied, regarding the ability to resolve computer-related problems, to recover data, or to avoid losing data. c. CONSULTANT MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY OF FITNESS FOR PURPOSE OF MERCHANTABILITY. IN NO EVENT SHALL CONSULTANT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, EITHER IN CONTRACT OR TORT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 Error! Unknown document property name. TO CONSULTANT IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY CONSULTANT, AND IN THE EVENT THIS LIMITATION OF DAMAGES IS HELD UNENFORCEABLE THEN THE PARTIES AGREE THAT BY REASON OF THE DIFFICULTY IN FORESEEING POSSIBLE DAMAGES, ALL LIABILITY TO CLIENT SHALL BE LIMITED TO THE TOTAL DOLLAR AMOUNT OF SERVICES PAID BY CLIENT TO CONSULTANT IN THE PREVIOUS THREE (3) FULL MONTHS. d. Consultant shall maintain, at its expense, general liability insurance coverage insuring Consultant against claims for bodily injury, death, or property damage arising out of Consultant’s general business activities in the minimum amount of $1,000,000 per occurrence. e. Indemnification of Client by Consultant At all times after the date of this Agreement, Consultant shall indemnify, defend, and hold harmless Client and its officials, employees, and agents from any loss, claim, liability, and expense (including reasonable attorneys’ fees and expenses of litigation) (collectively, the “Claims”) arising from, or based in the whole, or in any part, on any negligent act or omission by Consultant, its officers, employees, subcontractors, and agents, or any other person engaged by Consultant in the performance of work or services pursuant to this Agreement. In no event shall Client be liable to Consultant for consequential, incidental, indirect, special, or punitive damages. f. Indemnification of Consultant by Client Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which Client is entitled under Minnesota Statutes, chapter 466 or otherwise. At all times after the effective date of this Agreement, Client shall indemnify the Consultant from all Claims that the Consultant may incur arising from: i) Client's operation of its business; ii) Client's breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party; or iii) Client's breach of any of its obligations or representations under this Agreement. However, Client is not obligated to indemnify the Consultant if any of these Claims result from the Consultant's own actions or inactions. 15. Terms a. Client agrees to purchase minimum one (1) month Videography Service Agreement or one (1) month Website Service Agreement upon execution of this Agreement b. All invoices to Client shall be due within thirty (30) days. CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 Error! Unknown document property name. c. Any unpaid sums over thirty (30) days old that are not in dispute shall bear interest equal to the lesser of: i) one percent (1%) above the prime rate in effect at the opening of business on the due date at the major lending institutions as quoted in the “Money Rates” section of the Wall Street Journal; or ii) the maximum rate of interest permitted under applicable law. d. Costs of collection including reasonable attorney's fees shall be borne by the Client, but only if Consultant made reasonable efforts to notify Client of said unpaid sums prior to incurring any costs of collection. 16. Force Majeure A party will not be considered in breach or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this Agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, pandemic, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable: a. notify the other party of the Force Majeure Event and its impact on performance under this Agreement; and b. use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this Agreement 17. Counterparts and Electronic Signatures a. Counterparts The parties may execute this Agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument. b. Electronic Signatures This Agreement, agreements ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a party’s signature is delivered by email or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 18. Headings The descriptive headings of the sections and subsections of this Agreement are for convenience only, and do not affect this Agreement’s construction or interpretation. [SIGNATURE PAGE FOLLOWS] CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 Error! Unknown document property name. CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 Error! Unknown document property name. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and agree that it shall be binding upon the parties and their respective heirs, successors, and assigns. Each party is signing this Agreement on the date stated opposite that party’s signature. Consultant: Cipher Laboratories Inc. Client: City of Medina, Minnesota By: By: Print Name: Michael D. Brocco Print Name: Kathleen Martin Title: President Title: Mayor Date: Date: By: Print Name: Scott T. Johnson Title: City Administrator-Clerk Date: CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 ME230-1A-781826.v1 Videography Service Agreement Agreement for Videography Services (Attachment to Agreement for Consulting Services) This Agreement for Videography Services (this “Attachment”) is made by and between Cipher Laboratories Inc. (“Consultant”) and City of Medina, Minnesota (“Client”). This Attachment amends and modifies, and constitutes an “Attachment” to, that certain Agreement for Consulting Services previously executed by Consultant and Client (the “Agreement”). All of the terms of the Agreement are expressly incorporated herein. All capitalized terms herein shall have the meaning ascribed to them in the Agreement, unless expressly defined otherwise herein. 1. Services; Payment Terms Consultant agrees to perform for Client the following videography services (the “Services”) for the following monthly fixed fees: a. Recording Videos (the “Videos”) of City Council meetings held the first and third Tuesday each month Qty. 2: City Council Meeting, City Hall = $1,122.00 b. On Premise Video Technician: Qty. 2: On Premise Operator, City Hall (if required) = $570.00 City Hall Monthly Total: $1,122.00 Monthly Total with Onsite Technician: $1,692.00 Live production, interactive streaming is not included in Services, but can be added later if required. Pricing to be determined at that time. In addition to the monthly fees set forth above, Client agrees to pay an initial setup of remote operation services (“Setup Services”) fee in the amount of $350.00. Client shall pay the Setup Services fee (if any) upon execution of this Attachment, and the Videography Services fees on the first day of each calendar month, with any partial month prorated based on the actual number of meetings recorded in such partial month. 2. Services Included in Videography Services a. “Recording Videos” shall consist of all Regular Consulting labor related to recording moving images of city council meetings held the first and third Tuesday each month. CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 ME230-1A-781826.v1 Recording Videos shall also consist of basic editing of the raw video to insert title, time codes; posting finished product to Client’s content delivery network provider, and embedding video in Client’s website. One (1) copy of the finished video to be saved to Client’s preferred network storage location. Client agrees that Client will maintain separate service agreements with content delivery network vendors. Consultant will coordinate service related to these products. b. “On Premise Video Technician” shall consist of all Regular Consulting labor related to providing a video technician to operate the camera equipment manually on site. Manual operation is optional and would only be required if remote operation is not possible, an internet outage, limited bandwidth, or other network issue, for example, or upon Client request. 3. Time of Completion The Services are ongoing and shall be completed twice monthly. The Services shall typically be performed on the first and third Tuesday between the hours of 7 p.m. and 10 p.m., and video final edit delivered within five (5) business days. 4. Equipment Client shall provide the following equipment for Consultant’s use when performing the Services: audio gear, cables, microphones, amplifiers required to record council meeting audio and redundant backup audio track; video gear, minimum two (2) robotic remote operation pan-tilt-zoom (PTZ) cameras, PTZ controllers, hardware, software, encoders, and recorders required for remote operation camera control and video switching. Consultant shall provide all other equipment necessary to perform the Services. 5. Other Expenses/Accommodations Client shall reimburse Consultant for the following expenses: batteries for the podium microphone. Client shall be responsible for providing to the Consultant the following accommodations: two (2) routable public IP addresses from Client’s internet service provider, at least one (1) of which must be a Static IP address; remote access to client’s local area network, adequate bandwidth; access to Client’s content delivery network provider to upload video, and access to Client’s website to embed video; time codes from meeting minutes. 6. Term of Attachment; Termination a. The date this Attachment is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this Attachment. Unless terminated as provided herein, this Attachment shall commence when all parties have signed it, will extend for one (1) month, and will automatically renew from month to month thereafter, continuing until the earlier of: CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 ME230-1A-781826.v1 i) thirty (30) calendar days after either party hereto provides the other with written notice of termination; or ii) the termination of the Agreement. b. Upon termination of this Attachment, Consultant shall uninstall all remote access and operation software from all Client equipment, and remove all Consultant-owned equipment. 7. General Provisions a. Work supplied by Consultant hereunder shall be deemed a “work-made-for-hire,” and Client shall be deemed the sole owner of all right, title, interest, and proceeds of every kind or nature, whether now known or hereafter devised (including, but not limited to, all copyrights and all extensions and renewals of copyrights) in and to the Videos, with the right to make all uses of the Videos throughout the universe and all changes in the Videos as Client deems necessary or desirable. b. In addition to video recording council meetings, Consultant agrees to advise staff on managing the electronic audio/video archive of data stored both locally on resources at city hall, and offsite at the content delivery network provider. c. Consultant shall not be liable for any delay due to circumstance beyond its control. d. Where necessary or desirable, Consultant shall recommend upgrades to Client’s existing audio recording equipment, including microphones and cabling. e. Special event and other additional recordings beyond the two regularly scheduled City Council meetings shall be quoted and billed on a per service basis. f. The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Attachment. 8. Nature of This Attachment This Attachment is intended to cover video recording services only. It is not intended to cover any city- owned audio hardware, materials, equipment, consumables, hardware failures, labor related to procurement, troubleshooting or replacements, or any labor related to projects other than the video recording of Council meetings. Consultant offers other services, including software and hardware-related labor. Any labor provided outside the scope of this Attachment will be at the rates stated in the Agreement. CIPHER LABORATORIES INC. Office: 651 815-0300 2042 WOODDALE DR STE 250 WWW.TECHPDQ.COM SAINT PAUL MN 55125-4421 ME230-1A-781826.v1 [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date it is signed by the last party to sign it. Each party is signing this Agreement on the date stated opposite that party’s signature. Consultant: Cipher Laboratories Inc. Client: City of Medina, Minnesota By: By: Michael D. Brocco Kathleen Martin Title: President Title: Mayor Date: Date: By: Scott T. Johnson Title: City Administrator-Clerk Date: Ordinance No. 1 March 15, 2022 CITY OF MEDINA ORDINANCE NO. AN ORDINANCE ADOPTING AN AMENDED FEE SCHEDULE The city council of the city of Medina ordains as follows: Section 1. The 2022 schedule of fees and rates is hereby amended by adding the underlined text as follows: The schedule of fees for collecting the following items and materials and acquisition of trees from the Annual City Clean-up Day shall be: Accepted Items: • Scrap Metal .............................................................................. No Charge • Vehicle Batteries ...................................................................... No Charge • Anti-freeze ............................................................................... No Charge • Computer Tower/Laptop/Small Handheld Device....………...No Charge • Small Kitchen Appliances…………………………………… No Charge • Large Appliances ………………………………………………$10 each • Miscellaneous Electronics …………………………………. $5 -10 each • Computer Monitor……………………………………………... $10 each • Televisions (small)……………………………………………...$10 each • Televisions (large flat screen – 27” on up)……………………. $15 each • Televisions (large tube style – 27” on up) ……………………. $25 each • Counsel & Projection TVs…………………………………… $50 each • Mattress/Box springs .............................................................. …$50 each • Tires – car – without rim………………………… ………...........$5 each • Tires – car with rim…………………………… .. ………...........$10 each • Tires – truck – with or without rim ............................................... $5 each • Tires – semi truck – without rim ................................................. $10 each • Tires – semi truck – with rim………………………………….. $15 each • Tires – tractor ........................ $25.00 small/$45.00 medium/$60.00 large • Dumping by volume (i.e. carpet, furniture/building materials) ……………………………………$10 small load - up to $30 large load Purchase of Trees: ........................................................................... $20 each Section 2. This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this ____ day of March, 2022. Agenda Item #5L Ordinance No. 2 March 15, 2022 _____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Caitlyn Walker, City Clerk Published in the Crow River News this ____ day of March, 2022. Resolution No. 2022- March 15, 2022 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2022- RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ___ BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. __ regarding revisions of the city’s fee schedule; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; 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 entire ordinance: Public Notice The city council of the city of Medina has adopted Ordinance No. ___. The ordinance revises the city’s fee schedule to include fees for Clean-Up Day. The ordinance will not be codified. The full text of Ordinance No. __ is available for inspection 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: March 15, 2021. Kathleen Martin, Mayor ATTEST: Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ____ upon vote being taken thereon, the following voted in favor thereof: Agenda Item #5M Resolution No. 2021- March 16, 2021 2 And the following voted against same: Whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Honorable Mayor and City Council FROM: Greg Johnson, through City Engineer Jim Stremel and Public Works Director Steve Scherer DATE: March 10, 2022 MEETING: March 15, 2022 SUBJECT: Water Treatment Expansion Study for the Hamel Water System Background: The Medina City Council retained WSB to complete a Water Treatment Expansion Study for the Hamel water system in response to the treatment deficiencies at the water plant, the manganese concentration in the raw water, and recent water supply demands for the Hamel water system. City Council authorized WSB to proceed with the feasibility study on October 19, 2021. The City of Medina’s Hamel water system experienced maximum day demands approaching its treatment capacity in the summer of 2021. Pumping records from 2020 and 2021 indicate that the City’s average day and maximum day demands are approximately 490,000 gallons per day (gpd) and 1,175,000 gpd, respectively. The Hamel water system has a design treatment capacity of 2,000,000 gpd. However, due to the age of the media and the manganese concentration in the raw water, the current treatment plant produces between 1,224,000 gpd and 1,440,000 gpd. The maximum day demand is projected to exceed the plant’s existing treatment capacity by 2025. WSB staff visited the Medina water treatment plant on October 28, 2021 to identify the most feasible option to increase the plant’s treatment capacity to meet the short-term and long-term water demands. The list of improvements identified include a replacement of the existing media and underdrain system in Filters 1 and 2, the installation of a new filter (Filter 3), the installation of a floating suction strainer in the backwash tank, and a few other minor upgrades. The estimated capital cost of the recommended improvements is $2,662,500 which includes a 10% contingency factor and 20% contingency factor for indirect costs (legal, engineering, administrative, etc.). An analysis of the funding options is presented in the feasibility report. Based on the projected water demands, City staff should consider proceeding with a filter rehabilitation project to replace the existing media and underdrain system in Filters 1 and 2 in the fall of 2022 and proceed with the design phase to install Filter 3 in 2024 in order to increase the capacity of the water treatment plant to 3,000,000 gpd. Increasing the treatment capacity to 3,000,000 gpd is projected to meet the City’s maximum day demands beyond 2040. A detailed project schedule is presented in the feasibility report. City Council Action Requested: Accept the feasibility report and direct staff to prepare plans and specifications for both the water treatment plant expansion and the filter rehabilitation projects. Agenda Item #5N FEASIBILITY STUDY WATER TREATMENT EXPANSION STUDY FOR THE HAMEL WATER SYSTEM CITY OF MEDINA | HENNEPIN COUNTY | MINNESOTA March 10, 2022 Prepared for: City of Medina 2052 County Road 24 Medina, MN 55340 WSB PROJECT NO. 019251-000 FEASIBILITY REPORT Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 WATER TREATMENT EXPANSION STUDY FOR THE HAMEL WATER SYSTEM FOR THE CITY OF MEDINA, MINNESOTA March 10, 2022 Prepared By: 1 7 8 E 9 T H S T R E E T | S U I T E 2 0 0 | S A I N T P A U L , M N | 5 5 1 0 1 | 6 5 1 . 2 8 6 . 8 4 5 0 | W S B E N G . C O M March 10, 2022 Mr. Scott Johnson City Administrator City of Medina 2052 County Rd 24 Medina, MN 55340 Re: Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Dear Mr. Johnson: Transmitted herewith is the feasibility report for the above-referenced project. The report summarizes the recommendations to expand the existing water treatment plant to meet projected water demands and provide acceptable water quality. An opinion of probable cost is also presented for the recommended upgrades, including potential funding alternatives. We would be happy to discuss this report with you at your convenience. If you have any questions, please do not hesitate to call me at (651) 286-8466. Sincerely, WSB Greg Johnson, PE Director of Water/Wastewater CERTIFICATION Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Greg Johnson, PE Date: March 10, 2022 License No. 26430 Ursinio Puga, PE Date: March 10, 2022 License No. 59303 TABLE OF CONTENTS Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 TITLE SHEET LETTER OF TRANSMITTAL CERTIFICATION SHEET TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 1. INTRODUCTION ............................................................................................................. 2 1.1 Authorization ........................................................................................................ 2 1.2 Scope .................................................................................................................. 2 1.3 Data Available ...................................................................................................... 2 1.4 Effects of Manganese .......................................................................................... 2 2. WATER DISTRIBUTION SYSTEM DESCRIPTION ........................................................ 3 2.1 Water Supply ....................................................................................................... 3 2.2 Water Treatment .................................................................................................. 3 2.3 Water Storage ...................................................................................................... 3 3. RAW WATER QUALITY ANALYSIS .............................................................................. 4 4. WATER DEMAND PROJECTION AND SYSTEM EVALUATION ................................... 5 4.1 Historical Water Demands ................................................................................... 5 4.2 Water Demand Forecast ...................................................................................... 5 4.3 Hamel Water System Evaluation .......................................................................... 6 5. PROPOSED IMPROVEMENTS ...................................................................................... 7 5.1 Filter Media and Underdrain Replacement ........................................................... 7 5.2 Installation of Filter 3 ............................................................................................ 7 5.3 Relocation of Miscellaneous Items ....................................................................... 8 5.4 Operational Upgrades .......................................................................................... 8 5.5 Wall Reconditioning ............................................................................................. 9 6. FINANCIAL ANALYSIS ................................................................................................ 10 7. PROJECT SCHEDULE ................................................................................................. 11 8. CONCLUSIONS AND RECOMMENDATIONS ............................................................. 12 APPENDIX A – DETAILED COST BREAKDOWN ................................................................... 13 Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 1 EXECUTIVE SUMMARY The City of Medina’s Hamel water system experienced maximum day demands approaching its treatment capacity in the summer of 2021. This, in conjunction with the condition of the existing filter media and the elevated levels of manganese in the raw water has prompted a review and analysis of plans to expand the treatment infrastructure in the Hamel water system. Pumping records obtained from the City’s SCADA system for 2020 and 2021 indicate that the City’s average day and maximum day demands are approximately 490,000 gallons per day (gpd) and 1,175,000 gpd, respectively. The Hamel water system has a design treatment capacity of 2,000,000 gpd. However, due to the age of the media and the elevated levels of manganese in the raw water, the current treatment plant produces between 1,224,000 gpd and 1,440,000 gpd. The maximum day demand is projected to exceed the plant’s current treatment capacity before 2025. WSB staff visited the Medina water treatment plant (WTP) on October 28, 2021 to identify the most feasible option to increase the plant’s treatment capacity. The improvements identified include a replacement of the existing media and underdrain system in Filters 1 and 2, the installation of a new filter (Filter 3), the installation of a floating suction strainer in the backwash tank, and a few other minor miscellaneous operational changes. The estimated capital cost of the recommended improvements is $2,662,500. An analysis of the available funding options and a recommend project schedule are also presented in this report. This project is feasible, necessary, and cost effective from an engineering standpoint and shoul d be designed, bid, and constructed as proposed herein. Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 2 1. INTRODUCTION 1.1 Authorization The Medina City Council retained WSB to complete a Water Treatment Expansion Study for the Hamel water system in response to treatment deficiencies at the water plant, elevated levels of manganese, and recent water supply demands for the Hamel water system. City Council authorized WSB to proceed with the feasibility study on October 19, 2021. 1.2 Scope This report evaluates the capacity of the existing Hamel water system, identifies options to expand water treatment, estimates costs for the treatment expansion, and describes the timeline to implement the recommended improvements. 1.3 Data Available Information and materials used in the preparation of this report include the following: • City of Medina Water Supply Plan; • City of Medina 2040 Comprehensive Water Plan; • City of Medina Well and Water Treatment Pumping Records for 2020 and 2021; • City of Medina WTP Record Drawings; and • City of Medina GIS Data. 1.4 Effects of Manganese Manganese is a common, naturally occurring mineral found in rocks, soil, groundwater, and surface water. Manganese is not currently regulated by a national primary drinking water standard, which means that there is no enforceable limit for manganese in dr inking water. Instead, manganese is regulated by the Environmental Protection Agency (EPA) as a secondary standard due to its physical effects on water. The EPA is in the process of determining whether to update the regulatory requirements on manganese due to updated research and additional occurrence data. As such, the EPA has included manganese in the Fourth Unregulated Contaminant Monitoring Rule (UCMR4), which requires all public drinking water systems serving over 10,000 people and randomly selected small systems to monitor for manganese. The EPA will also consider the health effects of manganese in their regulatory determination and evaluate potential risks to adults, children, and infants. In addition to the EPA drinking water standard for manganese, the Minnesota Department of Health (MDH) has established a maximum recommended manganese concentration in drinking water for infants (babies under the age of one) and adults. Table 1.1 below summarizes the current drinking water quality standards for manganese in Minnesota. Table 1.1 – Drinking Water Quality Standards for Manganese Governing Body Name of Standard Target Population Concentration Limit (mg/L) Enforcing Requirements MDH Guidance Value Infants 0.100 Currently Not Enforceable Adults 0.300 EPA Secondary Standard Everyone 0.050 . Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 3 2. WATER DISTRIBUTION SYSTEM DESCRIPTION The City of Medina has three separate water systems: Hamel, Independent Beach, and Morningside. This study pertains to the Hamel water system. Therefore, only the Hamel facilities are identified in this section of the report (refer to the City’s 2040 Comprehensive Water Plan for information regarding the Independent Beach and the Morningside water systems). 2.1 Water Supply The existing water supply sources for the Hamel water system are listed in Table 2.1 below. Table 2.1 – Existing Water Supply System Well Name Well ID Year Installed Capacity (gpm) Depth (feet) Status Status Hamel Well 2 158087 1978 150 601 Active Irrigation Only Well 3 122239 1983 150 590 Active Water Supply Only Well 4 520048 1993 800 770 Active Water Supply Only Well 5 709925 2004 400 240 Active Water Supply Only Well 6 747666 2007 400 378 Active Water Supply Only Well 7 759809 2008 800 405 Active Water Supply and Irrigation Well 8 814752 2016 1,200 398 Active Water Supply and Irrigation GPM – Gallons per Minute 2.2 Water Treatment The Medina WTP is located east of the intersection of Pinto Drive and Tower Drive and utilizes conventional gravity filtration to remove radium, iron, and manganese from the groundwater pumped by Wells 3, 4, 5, 6, 7, and 8. Prior to October 2021, Well 5 was pumped untreated directly into the water distribution system during periods of high water use. However, this well is now being treated at the plant due to its elevated manganese concentrations. The additional flow and manganese pumped by Well 5 has put a strain on the plant which needs to be expanded to continue meeting the City’s future water demands. Groundwater pumped by Wells 7 and 8 can be diverted and used untreated for irrigation, which reduces the strain on treatment, storage, and distribution capacity within the Hamel water system. Similar to Well 5, groundwater pumped by Well 8 can also be pumped directly into the water distribution system (without treatment) during periods of high use if needed. The capacity of the Medina WTP is shown in Table 2.2. Table 2.2 – Existing Water Treatment System Treatment Capacity (gpd)(1) Treatment Type Treatment Processes Hamel 2,000,000 Conventional Gravity Filtration Aeration, Gravity Filtration, Chemical Addition GPD – Gallons per Day (1) Expandable to 3,000,000 gpd 2.3 Water Storage The Hamel water system includes one 400,000 gallon elevated storage facility, which stabilizes water pressure during average day and peak water demands and serves as a source of water during fires and power outages. When combined with the 200,000 gallon clearwel l storage tank at the Medina WTP, the total existing usable storage volume in the Hamel water system is 600,000 gallons. Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 4 3. RAW WATER QUALITY ANALYSIS Raw water sampling and testing was completed by City staff in July 2021. Manganese concentrations were tested in all six active wells of the Hamel water system and the results were compared against the MDH guidance values and the EPA secondary standard for manganese. The MDH manganese guidance values are 100 ppb (0.100 mg/L) for infants (under one year old) and 300 ppb (0.300 mg/L) for children and adults, and the EPA secondary standard for manganese is 50 ppb (0.05 mg/L). Unlike the MDH guidance values, which are health-based, EPA’s secondary standards are based on aesthetic effects and utilities only need to test for them on a voluntary basis. The raw water manganese concentrations in Medina’s wells are shown in Table 3-1. Table 3.1 – Raw Water Manganese Concentrations Well Name Well ID Concentration (mg/L) Notes Well 3 122239 0.073 Does not exceed MDH’s guidance values (infants and adults) Exceeds EPA’s Secondary Standard Well 4 520048 0.264 Exceeds MDH’s guidance value for infants Does not exceed MDH’s guidance value for adults Exceeds EPA’s Secondary Standard Well 5 709925 1.106 Exceeds both MDH’s guidance values (infants and adults) Exceeds EPA’s Secondary Standard Well 6 747666 0.302 Exceeds both MDH’s guidance values (infants and adults) Exceeds EPA’s Secondary Standard Well 7 759809 0.334 Exceeds both MDH’s guidance values (infants and adults) Exceeds EPA’s Secondary Standard Well 8 814752 0.348 Exceeds both MDH’s guidance values (infants and adults) Exceeds EPA’s Secondary Standard As shown in Table 3.1, water testing completed in Medina indicated the presence of manganese in the City’s raw water with levels that significantly exceed MDH’s health-based guidance values and EPA’s secondary standards in most wells. There is only one well (Well 3) that produces a manganese concentration that is below the MDH guidance values for both infants and adults/children. However, this is also the lowest producing well in the Hamel water system (150 gpm capacity), and therefore, cannot contribute significantly to water production in Medina. Although the City’s raw water manganese concentrations are high, the treated manganese concentration in the Hamel water system is approximately 24 ppb (0.024 mg/L), which is below both MDH guidance values and EPA’s secondary standard for manganese. Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 5 4. WATER DEMAND PROJECTION AND SYSTEM EVALUATION 4.1 Historical Water Demands Usually, historical water demands are analyzed using pumping data obtained through the Minnesota Department of Natural Resources (DNR) Permitting and Reporting System (MPARS). However, the historical data reported through MPARS for the City of Medina is not representative of the City’s actual water demand because it also includes irrigation demands that are no longer treated at the Medina WTP. Therefore, non-irrigation pumping records obtained from the City’s SCADA system for 2020 and 2021 were used instead to study the City’s recent water demands for the Hamel water system. The Hamel system’s recent average day and maximum day water demands are shown in Figure 4.1. Figure 4.1 – Hamel System Water Demand As with any water system, water demands vary seasonally depending on weather conditions. Over the past two years, the City’s winter demands (average day and maximum day demands) have been maintained at a similar level. However, the summer demands increased significantly in 2021 with respect to 2020 due to the drought experienced in Minnesota during that time. Over the past two years, the average per capita day demand was 114 gallons per capita per day (gpcd) and the maximum day peaking factor was 2.4. Both values have been lowered since it was decided to no longer use treated water for irrigation purposes. 4.2 Water Demand Forecast The projected water demands for the Hamel water system through 2040 are shown in Table 4.1 and Figure 4.2 below. The projections are based on population growth rates obtained from the Metropolitan Council Environmental Services (MCES) and water consumption data such as the average per capita day demand and the maximum day peaking factor shown above. The water demand data shown in Figure 4.2 for 2020 and 2021 corresponds to the City’s SCADA pumping records that were provided to complete this feasibility study. 0 100 200 300 400 500 600 700 800 900 Jan-20 Apr-20 Jul-20 Sep-20 Dec-20 Apr-21 Jul-21 Oct-21 W a t e r D e m a n d ( g p m ) Date (mmm-yy) Maximum Day Demand Average Day Demand Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 6 Table 4.1 – Projected Water Demand for the Hamel Water System Year Average Day Demand Maximum Day Demand GPD GPM GPD GPM 2025 532,038 369 1,276,891 887 2030 598,158 415 1,435,579 997 2035 667,698 464 1,602,475 1,113 2040 737,238 512 1,769,371 1,229 GPD – Gallons per Day; GPM – Gallons per Minute Figure 4.2 – Projected Water Demand for the Hamel Water System 4.3 Hamel Water System Evaluation A water system’s firm pumping capacity is the system’s pumping capacity with the largest well out of service. A water system’s supply capacity is considered to be adequate when its firm capacity is larger than the system’s maximum day demand. The Hamel water system has a firm pumping capacity of 2,550 gpm or 3,672,000 gpd with the largest well (Well 8) out of service. This firm pumping capacity satisfies the City’s maximum day demands beyond 2040. All groundwater pumped for domestic use in the Hamel water system should be treated at the Medina WTP in order to meet the MDH guidance values for manganese in the drinking water. The treatment capacity of the Medina WTP is 1,389 gpm or 2,000,000 gpd, which is less than the firm pumping capacity of the system. Theoretically, this treatment capacity satisfies the projected 2040 maximum day demand. However, due to the elevated manganese concentration in the raw water, the condition of the filter media, and other deficiencies at the plant, the current treatment setup produces approximately between 850 gpm and 1,000 gpm (1,224,000 gpd and 1,440,000 gpd). The Medina WTP was originally designed with the capability of being expanded to treat up to 2,084 gpm or 3,000,000 gpd. Therefore, it is recommended to modify the existing plant to increase its design treatment capacity to produce this capacity. If needed during periods of high use, groundwater from Wells 5 and 8 can be pumped directly into the water distribution system (without treatment). However, this is only recommended during emergencies as that water does not meet the MDH guidance values for manganese or EPA’s secondary standards. 0 200 400 600 800 1,000 1,200 1,400 2020 2025 2030 2035 2040 W a t e r D e m a n d ( g p m ) Date (yyyy) Average Day Demand Maximum Day Demand Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 7 5. PROPOSED IMPROVEMENTS WSB staff visited the Medina WTP on October 28, 2021 to perform a facility walkthrough in preparation for this feasibility study. During the walkthrough, City and WSB staff discussed options to increase the capacity of the Medina WTP to adequately meet the City’s future water demands . The improvements identified during the facility walkthrough are summarized in the following sections. 5.1 Filter Media and Underdrain Replacement The two existing gravity filter units at the water treatment plant utilize a combination of 12 inches of anthracite and 18 inches manganese greensand media to filter contaminants and impurities from the water. Over time, filter media tends to become rounder, reducing its removal efficiency. In addition, filter media slowly breaks down into finer particles which results in media loss during backwashing. Media can also block sections of the underdrain system and reduce the efficiency of backwashing which will also result in a reduction of filter performance. Therefore, it is usually recommended to replace filter media every 20 years. City staff tested the existing media in March 2021. The testing results are shown in Table 5.1. Table 5.1 – Filter Media Analysis Media Type Parameter 2005 Specified Value 2021 Testing Result Anthracite Effective Size (mm) 0.80 – 0.90 0.89 Uniformity Coefficient <1.30 1.36 Media Passing 0.71 mm sieve <4% 2.3% Media Stopped by 1.70 mm sieve <10% <1% Manganese Greensand Effective Size (mm) 0.30 – 0.35 0.34 Uniformity Coefficient <1.4 1.55 Media Passing 0.25 mm sieve <5% 0.70% Media Stopped by 0.71 mm sieve <10% 4.3% mm – millimeter Testing concluded that the existing media had a significant amount of inorganic calcium and iron accumulation and that the specified uniformity coefficient was not met. Over time, inorganic compounds such as calcium and iron tend to accumulate onto the sur faces of the media, which decreases filter performance. Deposits can also cause media particles to clump together, which results in channeling and increases manganese breakthrough. Therefore, the City could chemically clean the existing media to remove the inorganic buildup with the goal of increasing filter performance in the short term. However, neither City nor WSB staff were able to find recent applications of this type of media cleaning in other communities that significantly improved filter performance in the long term. It is also important to note that Medina’s filter media is already 17 years old, which is very close to the expected end-of-life of the media. Therefore, it is recommended to replace the existing media with new media. City staff reported that the filter runtime at the facility was reduced from 40 hours to 20 hours in 2021. This shortened filter run time occurred even before Well 5 was added to the rotation of wells that was treated at the plant. This could be due to a possible block within the underdrain system of the filter vessels. By replacing the media, the City will have an opportunity to inspect the underdrain system and identify sections that may need rehabilitation or replacement. This study assumed that the underdrain nozzles, in their entirely, will be replaced in both filters as part of the expansion project. The interior steel surfaces of the filters may also need to be sandblasted and repainted. 5.2 Installation of Filter 3 Installing a third gravity filter unit at the Medina WTP is necessary to increase the plant’s design capacity from 2,000,000 gpd to 3,000,000 gpd. Filter 3 would utilize the same media types and depths as the existing filters. The design conditions of Filter 3 would also match the existing filters. The design conditions are summarized in Table 5.2. Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 8 Table 5.2 – Filter 3 Design Conditions Parameter Value Exterior Filter Vessel Dimensions 9 feet by 39 feet Total Filter Area 350 SF Filter Flow Rate 2.0 gpm/SF Filter Flow Rate 700 gpm or 1,000,000 gpd Air/Water Backwash 5 gpm/SF water and 3 CFM/SF air Backwash – Other 5 gpm/SF (air purge) and 15 gpm/SF (restratification) SF – Square Feet; GPM – Gallons per Minute The existing gravity filter units are prefabricated steel vessels. The proposed Filter 3 unit would be constructed offsite with pipe stubs to connect to new process piping that would be installed at the plant. Table 5.3 below summarizes the pipe stubs needed in Filter 3. Table 5.3 – Filter 3 Process Piping Function Pipe Diameter Connections per Filter Vessel Influent Water 8 inch 3 Effluent Water & Backwash Supply 12 inch 3 Backwash Waste 16 inch 3 Air Scour Wash 4 inch 3 Underdrain Pressure Relief 8 inch 3 Overflow 16 inch 1 Vent 6 inch 1 New process piping will need to be installed at the Medina WTP to integrate the new filter with the rest of the facility. A section of the north wall of the facility and the handrail around the clearwell will have to be removed to install the filter vessel inside the plant. Additionally, a new cast-in-place, reinforced concrete slab will need to be constructed to support the new filter. 5.3 Relocation of Miscellaneous Items Several miscellaneous piping (air ducts, HVAC, and water lines for the heater) will have to be relocated to allow the for a new 12-inch pipe to be installed from the detention basin to Filter 3. The relocation of this piping is minor and will not have a large impact in the overall cost of the project. 5.4 Operational Upgrades The Medina WTP has three high service pumps (HSP) to pump the treated water into the distribution system. Currently, HSP 1 has a variable frequency drive (VFD) and HSPs 2 and 3 have soft starters. A VFD is like a soft starter in that both control the starting and stopping speeds of a pump’s motor. However, a VFD can be used to adjust the frequency of the pump’s motor and therefore operate the pump at different speeds and flow rates. Like a soft starter, VFDs can also be used to allow the speed of a motor to be ramped up and down slowly in order to provide for a smoother pump startup and shutdown which reduces water hammer in the City’s water distribution system. Due to their operational flexibility, City staff would like to replace one of the soft starters in HSP 2 or 3 with a VFD. Water filtration facilities are designed with a recycle pump that allows cleaner backwash water in the backwash holding tank to be recycled through the filters for further treatment. This normally reduces the amount of wastewater that plants discharge to the sanitary sewer system by 90 to 95 percent. The Medina WTP does not recirculate backwash water because the recirculation pump was installed too low in the Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 9 backwash tank and pumps sludge, which reduces the plant’s treatment capacity. This could be fixed by installing a floating suction strainer inside the backwash holding tank. This mechanism consists of a water- tight PVC float box that connects to the recirculation pump with a flexible hose. Since the strainer floats on the top of the water surface inside the backwash holding tank, the recirculation pump pumps the cleaner water from the top of the tank to the filters for additional treatment. By installing this mechanism, the Medina WTP would reduce its sewer charges significantly since it would be discharging significantly less wastewater to the sanitary sewer system. 5.5 Wall Reconditioning Several bricks inside the north wall of the facility have aesthetical damage that dates back to when the plant was originally constructed. The damage on these bricks can be corrected without compromising the structural integrity of the wall. Similar to the miscellaneous pipe relocation, correcting this damage will not have a significant impact on the overall cost of the project. Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 10 6. FINANCIAL ANALYSIS The estimated costs to design and construct the proposed improvements at the Medina WTP are summarized in Table 6-1. A more detailed breakdown of the estimated costs is included in Appendix A. Table 6.1 – Opinion of Probable Cost Proposed Improvement Cost Construction General Conditions $ 196,250 Filter 1 and 2 Media and Underdrain Replacement(1) $ 300,000 Installation of Filter 3 $ 1,258,333 Ductile Iron Process Piping $ 50,200 Ductile Iron Process Fittings $ 93,735 Process Valves and Actuators $ 72,071 Miscellaneous Relocations $ 7,500 New VFD for High Service Pumps $ 23,500 Backwash Tank Upgrades $ 2,500 Interior Wall Reconditioning $ 12,000 Construction Total $ 2,016,090 Construction Contingency (10%) $ 201,609 Project Sub-Total $ 2,217,699 Indirect Costs (engineering, legal, administrative) (20%) $ 443,540 Total Cost(2) $ 2,662,500 (1) Does not include sandblasting and painting the interior steel surfaces of the existing filters. (2) Does not take into account American Iron and Steel Requirements or Prevailing Wages which are required if funding is obtained through the State of Minnesota Public Facilities Authority (PFA). There are three primary funding options for the City of Medina to proceed with the proposed improvements. The three options are summarized below. • USDA Rural Development Funding: This agency issues low-interest loans, long-term loans and grants to smaller rural communities that meet specific requirements for eligibility such as financial hardship. Given Medina’s median household income, it is likely the City would not qualify for funding through this program. • Minnesota Public Facilities Authority (PFA): Through the Drinking Water Revolving Fund (DWRF) program, the Minnesota PFA provides low interest loans (typically 1-1.5 percent interest rates) to communities that meet a list of qualifications, such as contaminant exceedances in drinking water, treatment expansion, etc. Additionally, grant money allocated to Minnesot a through the new Infrastructure Bill will be distributed through the DWRF in the upcoming years for communities that meet a set of criteria. More specifically, the Minnesota PFA is allocating $11.5 million per year in grants over the next five (5) years for projects that address emerging contaminants in the drinking water such as manganese. If the City is interested in obtaining funding (loans or grants) through the DWRF, the first step is to submit an application to place the Medina WTP expansion project on the Project Priority List (PPL) by May 7, 2022. Even if the project successfully qualifies for funding, the City is not required to request funds or move forward with the project as applications can be withdrawn at any time. Applying for funding does not guarantee the project will qualify for grants. Using PFA funds has several requirements such as only using American Iron and Steel or paying prevailing wages to contractors, between others. • Existing City Funds: Another viable option for the City is to utilize the Water Capital Fund for the plant expansion and the Water Utility Fund for the filter media replacement portion of the project, along with a possible interfund loan or bonding. The City’s water rates, and connection fees should continue to be evaluated on a yearly basis as part of budget preparation. Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 11 7. PROJECT SCHEDULE It is not feasible to have Filter 3 operational in 2022 due to the time required to fabricate the steel filter vessel by the filter supplier. Therefore, City staff should consider replacing the existing media in Filters 1 and 2 in 2022 as this will increase the plant’s treatment capacity slightly in the short term. A schedule is shown below to complete the Filter 3 installation by the end of June 202 4. Table 7-1. Proposed Schedule Task Date Completion of Feasibility Study March 2022 Presentation of Feasibility Study to City Council March 2022 PFA DWRF Application Submission May 2022 Authorization for Media Replacement in Filter 1 and Filter 2 June 2022 Filter Media Replacement Project Fall 2022 Authorization for Design and Bidding Services for Filter 3 January 2023 Completion of Plans and Specifications for Filter 3 April 2023 Bid Opening May 2023 Approval of Construction Contracts June 2023 Completion of Shop Drawing Submittals for Filter 3 August 2023 Completion of Filter 3 Fabrication February 2024 Construction Begins March 2024 Construction Completion June 2024 Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Page 12 8. CONCLUSIONS AND RECOMMENDATIONS The conclusions identified in this study and the recommended next steps for the City of Medina are summarized as follows: • Historical Water Demands: Pumping records obtained from the City’s SCADA system for 2020 and 2021 indicate that the City’s average day and maximum day demands are approximately 490,000 gpd and 1,175,000 gpd, respectively. These demands are representative of municipal water use of the Hamel water system as they do not account for irrigation demands. • Water Demand Forecast: Historical water consumption trends and population growth were used to forecast the water demands for the Hamel water system through 2040. This analysis projects the 2040 average day and maximum day demands to be approximately 737,000 gpd and 1,770,000 gpd, respectively. • Water Distribution System Evaluation: The Hamel water system has a firm pumping capacity of 3,672,000 gpd with the largest well (Well 8) out of service. This firm pumping capacity satisfies the City’s maximum day demands beyond 2040. The design treatment capacity of the Hamel water system is 2,000,000 gpd, which also meets the 2040 demand projections. However, due to the elevated manganese concentrations in the raw water, the condition of the filter media, and other deficiencies at the plant, the current treatment setup can only reliably produce between 1,224,0 00 gpd and 1,440,000 gpd. Therefore, it is recommended to expand the Medina WTP to meet both the projected short-term and long-term demands. • Raw Water Quality: Water testing completed in Medina indicated the presence of manganese in the City’s raw water with levels that exceed MDH’s health-based guidance values in most wells. Therefore, water pumped by all existing municipal wells should be treated at the Medina WTP to continue providing high quality drinking water. • Recommended Improvements: In order to increase the plant’s production capacity to 3,000,000 gpd, it is recommended to replace the existing media and underdrain system in Filters 1 and 2 and to install a new gravity filter unit (Filter 3). In addition, installing a floating suction strainer in the plant’s backwash tank would significantly reduce the volumes of wastewater generated at the facility by approximately 90-percent. Other operational improvements include the installation of a VDF for either HSP 2 or 3 or both pumps. Lastly, it is also recommended to correct the aesthetical damaged masonry on the interior north wall at the plant. • Opinion of Probable Cost: The estimated cost to design and construct the recommended improvements at the Medina WTP is $2,662,500. A detailed breakdown of the estimated costs is included in Appendix A. • Project Schedule: City staff should consider replacing the existing media in Filters 1 and 2 in 2022 and begin the process to have Filter 3 operational by the end of June 2024, or before the City’s summer 2024 water demands occur. • Funding Options: Funding options for the City of Medina include the DWRF program, which provides low interest loans and grants to communities that meet the minimum qualifications. If the City is interested in obtaining funding (loans or grants) through the DWRF, the first step is to submit an application to place the Medina WTP expansion project on the PPL by May 7, 2022. Even if the project successfully qualifies for funding, the City is not required to request funds or move forward with the project as applications can be withdrawn at any time. Another viable option for the City is to utilize the Water Capital Fund for the plant expansion and the Water Utility Fund for the filter media replacement portion of the project, along with a possible interfund loan or bonding. The City’s water rates, and connection fees should continue to be evaluated on a yearly basis as part of budget preparation. Feasibility Report Water Treatment Expansion Study for the Hamel Water System City of Medina, MN WSB Project No. 019251-000 Appendix APPENDIX A – DETAILED COST BREAKDOWN Engineer's Opinion of Probable Construction Cost 1.0 MGD Medina WTP Expansion & Media Replacement, Medina MN Item Unit Unit Cost Quantity Cost Bonds, Insurance, and General Conditions LS 73,750.00$ 1 73,750$ Mobilization/Demobilization LS 92,250.00$ 1 92,250$ Submittals LS 9,250.00$ 1 9,250$ Erosion Control LS 7,500.00$ 1 7,500$ Clearing and Grubbing LS 3,500.00$ 1 3,500$ Filter 1 and 2 Media and Underdrain Replacement(1)LS 300,000.00$ 1 300,000$ Installation of Filter 3 (with media)LS 1,251,000.00$ 1 1,251,000$ Concrete Pad for Filter CY 900.00$ 8 7,333$ 4-inch CL 53 DI Pipe LF 60.00$ 84 5,040$ 6-inch CL 53 DI Pipe LF 85.00$ 27 2,295$ 8-inch CL 53 DI Pipe LF 100.00$ 50 5,000$ 12-inch CL 53 DI Pipe LF 135.00$ 109 14,715$ 16-inch CL 53 DI Pipe LF 180.00$ 55 9,900$ Process Piping Coating LF 20.00$ 325 6,500$ Process Piping Supports LS 2,750.00$ 1 2,750$ Process Piping Pressure Testing LS 4,000.00$ 1 4,000$ 4-inch DIP 90⁰ Elbow LB 9.00$ 270 2,430$ 4-inch DIP Tee LB 9.00$ 180 1,620$ 6-inch DIP 90⁰ Elbow LB 9.00$ 130 1,170$ 6-inch DIP Tee LB 9.00$ 95 855$ 8-inch DIP 90⁰ Elbow LB 9.00$ 945 8,505$ 12-inch DIP 90⁰ Elbow LB 9.00$ 2,115 19,035$ 12-inch DIP Tee LB 9.00$ 3,080 27,720$ 12x8-inch DIP Eccentric Reducing Coupling LB 9.00$ 435 3,915$ 16-inch DIP 90⁰ Elbow LB 9.00$ 1,260 11,340$ 16-inch DIP Tee LB 9.00$ 1,905 17,145$ 4-inch Butterfly Valve with Pneumatic Actuator EACH 4,034.94$ 3 12,105$ 12-inch Butterfly Valve with Pneumatic Actuator EACH 5,130.84$ 7 35,916$ 16-inch Butterfly Valve with Pneumatic Actuator EACH 8,016.84$ 3 24,051$ Miscellaneous Relocations LS 7,500.00$ 1 7,500$ New VFD for High Service Pumps LS 23,500.00$ 1 23,500$ Backwash Tank Upgrades LS 2,500.00$ 1 2,500$ Interior Wall Reconditioning LS 12,000.00$ 1 12,000$ Site Restoration LS 5,500.00$ 1 5,500$ O&M Manuals LS 2,000.00$ 1 2,000$ Operator Training, Commissioning & Startup LS 2,500.00$ 1 2,500$ 2,016,090$ 201,609$ 2,217,699$ 443,540$ 2,662,500$ (1) Does not include grinding and painting the interior steel surfaces of the existing filters. (2) PFA funding requirements (American Iron & Steel and prevailing wages) not accounted for in this estimate Construction Total Contingency (10%) Sub-Total Indirect Costs (20%) Total(2) Land Sale Page 1 of 2 March 15, 2022 PID 02-118-23-24-0002 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: March 10, 2022 MEETING: March 15, 2022 City Council SUBJECT: Land Sale Discussion – Portion of PID 02-118-23-24-0002 – Marsh Pointe Preserve Background On March 1, 2022, the City Council granted PUD General Plan and Preliminary Plat approval for Marsh Pointe Preserve, located east of Arrowhead Drive and south of Bridgewater and Medina Lake Preserve. Staff had noted in the report on the project that the City owns a 30-foot-wide strip of property which runs north-south in approximately the center of the proposed subdivision (approximately 100 feet east of proposed Block 3). The narrow strip of property is outlined in red on the aerial below. MEMORANDUM Agenda Item #8A Land Sale Page 2 of 2 March 15, 2022 PID 02-118-23-24-0002 City Council Meeting The City obtained this property through tax forfeiture in 2019. The County combined the strip of property with the Medina Lake Preserve property to the north to form a single parcel. The tax forfeiture auction was only available to adjacent owners, and combination of the property was a condition of acquisition. Except for an approximately 35’x30’ area of this property adjacent to Medina Lake Preserve, the parcel is located within the large wetland. The upland portion is proposed to be part of the road right-of-way within Marsh Pointe Preserve. Staff does not see a lot of value in the property once the plat has been recorded. The City may either retain the property and sign the plat as a property owner, deed the property to the developer to be platted with the adjacent wetland area, or request the City property be excluded from the plat. The City paid $1502 at auction for the property and with relevant fees, the cost was $1628.17. Staff believes a price of $1850 would reimburse the City for the costs of acquisition, including some amount toward legal costs. The developer would be responsible for all costs of conveying the strip of property including deed tax and recording. Potential Action Staff believes $1850 would reimburse the City for the cost of originally acquiring the property, with some administrative costs. Staff recommends the following action: Move to direct staff to include provision for the sale of the 30-foot wide extension of PID 02-118-23-24-0002 for a cost of $1850 to BPS Properties within the Marsh Pointe Preserve development agreement. Agenda Item #8B 1 ME230-1A-767889.v1 Kennedy Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis MN 55402-1299 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D MEMORANDUM DATE: March 15, 2022 TO: Mayor and members of the city council FROM: Ron Batty, city attorney Dave Anderson, assistant city attorney RE: Update regarding return to in-person meetings Medina has been holding remote public meetings pursuant to Minn. Stat. 13D.021 and Mayor Martin’s formal determination that meeting in person is not currently practical or prudent due to COVID-19. During the March 1 city council meeting, the council indicated a collective desire to return to in-person meetings on May 3 in light of the recent downward trend in COVID-19 cases locally. Returning to in-person meetings may be done at any time it is deemed practical and prudent, but absent a state or local emergency, returning to in-person meetings must be done when there is no longer a health pandemic. There is no statutory definition of “health pandemic” and therefore little guidance or clarity about who, for purposes of Minn. Stat. 13D.021, has the authority to declare one. That said, the city has continued to monitor COVID-19 locally and the plan to transition back to in-person meetings in May seems reasonable under the circumstances. Assuming that the pandemic continues its current downward trajectory, Mayor Martin can sign a formal statement in April rescinding her remote meeting determination and declaring that meetings are no longer to be conducted pursuant to section 13D.021. If you recall, this was done last summer following vaccine rollouts and similar downward trends in positive cases. Absent any significant changes between now and April, my office will provide a statement for Mayor Martin’s execution prior to the May 3 regular council meeting. The statement should be signed no later than April 29 to be sure that staff can adhere to all meeting notice requirements contained in the Open Meeting Law. Offices in Minneapolis Saint Paul St. Cloud & Planning Department Update Page 1 of 2 March 15, 2022 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: March 10, 2022 MEETING: March 15, 2022 City Council Land Use Application Review A) Abraham Accessory Dwelling Unit CUP – 3003 Hamel Road – Chad and MT Abraham have requested a CUP for a guest home to be constructed along with their new home at 3003 Hamel Road. The Planning Commission held a public hearing at the February 8 meeting and unanimously recommended approval. The Council held a public hearing at the March 1 meeting and directed staff to prepare a resolution of approval, which will be presented at the March 15 meeting. B) Deng Septic Variance – 2472 Parkview Drive – Jet Deng has requested a variance to reconstruct and expand an existing septic drainfield in its existing location. The Council held a public hearing at the March 1 meeting and directed staff to prepare a resolution of approval, which will be presented at the March 15 meeting. C) Cates Ranch/Willow Drive Warehouse Industrial – Comprehensive Plan Amendment and Environmental Assessment Worksheet – Oppidan has requested review of an EAW and a Comprehensive Plan Amendment for a warehouse/industrial development east of Willow Drive, north of Chippewa Road. The Planning Commission held a public hearing on January 11 and voted 4-3 to recommend approval of the Comprehensive Plan amendment. Staff is tentatively planning to present the Comp Plan Amendment at the April 5 meeting. D) Weston Woods PUD and Plat Amendment – Mark and Kathleen Smith have requested an amendment to the approved PUD and plat. The amendment proposes to reduce the total number of lots by 3 and adjust required lot standards. The Planning Commission held a public hearing on the proposed amendment at the March 8 meeting and recommended approval. Staff intends to present to Council on April 5. E) McDonald’s Drive thru CUP Amendment – 822 Highway 55 – McDonald’s has requested an amendment to their CUP to expand the drive-thru to a two-lane configuration. The Planning Commission held a public hearing on the proposed amendment at the March 8 meeting and recommended approval. Staff intends to present to Council on April 5. F) Prairie Creek Final Plat – Stelter Enterprises has requested final plat approval for a 17-lot villa subdivision at 500 Hamel Road. Staff intends to present to the City Council at the April 5 meeting. G) Loram/Scannell Environmental Assessment Worksheet (EAW) – Loram and Scannell have submitted materials for the City to prepare an EAW for a warehouse/industrial development east of Arrowhead Drive, south of Highway 55, to the south of Loram’s existing facility. The Council authorized release of the EAW for comment on February 2. The comment period will expire on March 17 and staff will present draft findings after the deadline, potentially at the April 5 meeting. H) Marsh Pointe Preserve Preliminary Plat – 4250-4292 Arrowhead Drive – BPS Properties has requested Preliminary Plat approval for a 30-lot subdivision east of Arrowhead Drive south of Bridgewater. The City previously reviewed a concept plan for the project. The Council granted MEMORANDUM Planning Department Update Page 2 of 2 March 15, 2022 City Council Meeting preliminary plat and PUD general plan approval at the March 1 meeting. The applicant has submitted for final plat approval, which is under review. Staff will present to Council when complete, potentially at the April 19 meeting. I) Hamel Townhomes Pre Plat and Site Plan Review – Hamel Townhomes LLC has requested preliminary plat and site plan review approval for a 30-unit townhome development at 342 Hamel Road. Staff is conducting preliminary review and will schedule for a public hearing when complete, potentially at the April 12 Planning Commission meeting. J) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition to its building. The application is incomplete for review and will be scheduled for a hearing when complete. K) BAPS Site Plan Review – 1400 Hamel Road – Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS), Minneapolis, has requested Site Plan Review for construction of a place of assembly. The Planning Commission reviewed at the September 14 meeting and recommended approval. The City Council reviewed on October 5, October 19, and November 3 meeting. The applicant updated plans to be consistent with the recently adopted interim ordinance pertaining to rooftop elements. The Council adopted a resolution for approval at the November 16 meeting. The applicant has indicated that they will likely not begin construction until spring. L) Life-Style Auto Condo – South of Hwy 55, west of Pioneer – SH Ventures has requested review of a PUD Concept Plan for development of 12 buildings with approximately 258,000 square feet of space for privately owned garage condos. The Planning Commission held a public hearing and provided comments at the October 12 meeting. Most Commissioners generally did not believe the proposal was consistent with the objectives of FDA land use of the Comp Plan. The Council reviewed at the November 16 Council meeting and provided comments. The applicant has requested that the City Council remain open, as they are considering potential updates to their Concept Plan. M) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Pioneer Trail Preserve – These projects have been preliminarily approved and the City is awaiting final plat application. N) Caribou Cabin-Pinto Retail, Baker Park Townhomes, Johnson ADU CUP, 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. Other Projects A) Rooftop Elements Ordinance – The City adopted the ordinated related to rooftop elements at the March 1 meeting. The ordinance is in effect and the moratorium has been repealed. B) Uptown Hamel RFP – Hennepin County identified the opportunity for the City to work with the UofM Extension Service on a portion of the work which staff had contemplated including within the RFP. Staff intends to investigate this opportunity further and determine if the scope of the RFP could be adjusted. Staff intends to present the RFP (with any changes) to the Council on April 5. C) Holy Name Drive subdivision/wetland bank – staff has been meeting with the owner of property east of Holy Name Drive and Minnehaha Creek Watershed related to an opportunity to include wetland restoration and creation of a wetland bank within a potential subdivision. D) County Road 47/County Road 101/Hackamore – staff has been working with the City of Plymouth related to improvements they intend to construct to County Road 47. The improvements extend across County Road 101 to a portion of Hackamore Road and would also include replacement of signals. Plymouth has requested a cost-share for a portion of the signal improvements from Medina and Corcoran. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: March 10, 2022 RE: Police Department Updates Early last week we were notified from the auto dealership where we purchase our squads that our orders for this year have been cancelled due to the lack of computer chips, engines, and other parts. This is not just our order it is all orders in the five-state area for police squads. I have checked with other manufactures and have found similar issues. What will happen as a result is that we will need to keep our current squads another year longer which I am assuming will result in higher repair costs. I continue to look for other options, but it seems that at this point we will keep two of the cars that we took out of our fleet last year in case they need to be brought back into service. Normally we would send our retired vehicles to the auto auction, but we may need them in the future in case we have squads that are damaged and can’t be replaced. The past two weeks I have been involved in meetings in which crime trends has been the hot topic. As I am sure you are all aware there has been a large spike in crimes such as car jackings, auto thefts and residential burglaries throughout the metro. I am a member of the Criminal Justice Coordinating Committee (CJCC) and we have been looking at some of the root causes in some of these spikes in crimes. The takeaway from this, as I see it, is that many of these crimes are linked to juveniles and the system as a whole not holding juveniles accountable for their actions. There are many possible reasons for this such as the lack of holding facilities, mental health issues, substance abuse issues, gangs, etc. The committee will be working to look at some of the reforms that have been put in place that are clearly not working and make recommendations on things that need to be changed to address the issues. On March 2nd it is believed that our new gift card ordinance worked and stopped protentional gift card fraud. Two individuals were reportedly involved in theft from automobiles in Plymouth and then entered Target a short time later going immediately to the gift card area looking for specific gift cards but due to the ordinance, Target has removed those from their shelves. After seeing there were no gift cards at the business they left immediately. When officers arrived in the area they fled on foot. Both individuals were located a short time later after they had removed outer articles of clothing in an attempt to not be identifiable. Due to the victim not wanting to pursue charges, the males were released with the lesson that they can no longer come to Medina to purchase gift cards with stolen credit cards. Patrol: The following are updates of Patrol Officers between February 23, 2022, and March 7, 2022: Officers issued 26 citations and 16 warnings for various traffic offenses, responded to 2 property damage accidents, 9 medicals, 1 suspicious call, 6 traffic complaints, 15 assists to other agencies, 12 business/residential alarms. On 02/23/2022 Officer was dispatched to a disturbance at Casey’s General Store, 700 block of Highway 55. Employee had been terminated and was refusing to leave and harassing the employees on site. Officers made contact with the terminated employee and although was reluctant to leave, eventually left the property and walked over to McDonalds. Terminated employee was issued a trespass notice for the business. On 03/01/2022 Officer was dispatched to Target to take a past action theft report. A theft suspect known to Target had been in the store on a previous day and after going through surveillance video it was learned over $500 worth of merchandise was stolen. The case will be forwarded for charging. On 02/24/2022 Officer was dispatched to a snowmobile complaint in the area of 3200 block of Pin Oak Road. Officer made contact with a 12-year-old who had been snowmobiling on the roadway. Child did not have a snowmobile safety certificate and was not wearing a helmet. He was advised of the snowmobile requirements. On 02/25/2022 Officer was dispatched to a report of three horses running down the road in the area of Hollybush Road and County Road 24 and that one of the horses was wearing a gold-colored blanket. The officer checked the area but was unable to locate any loose horses. On 02/25/2022 Officers were dispatched to a safety check of a male reported to be walking in the roadway northbound on County Road 101 from Highway 55. Officers located the subject walking northbound from Evergreen Road. The subject was intoxicated and said he was walking home to Dayton. Officers offered a ride, but the subject refused. Officers were able to make phone contact with a significant other and advised of the subject’s whereabouts and they said they would go and pick him up. On 03/01/2022 Officer responded to assist Hennepin County Sheriff’s Office on a vehicle fire at the Kwik Trip in Rockford. Upon arrival by the Officer the Rockford Fire Department was already on scene and quickly put the fire out. HCSO arrived and took over the incident. On 03/02/2022 Officers heard Plymouth PD being dispatched to a theft from auto that had just occurred in a neighborhood just east of County 101 and Evergreen Road. Officer checking the area located the suspect vehicle parking in the strip mall to the east of Target and two suspects walking from there into Target. Officers were waiting for the suspects to return to the vehicle. The suspects saw officers in the area and walked away from their vehicle to avoid police contact. Officers began checking the area and eventually found the two suspects crossing Highway 55. Contact was made in the Aldi’s parking lot. Both suspects were identified. Plymouth theft victim did not wish to pursue charges. Suspects were released at the scene. On 03/04/2022 Officers were dispatched to a motor vehicle theft that had just occurred at Koch’s Korner, 4355 Highway 55. A customer had left their vehicle running in the lot and a suspect had jumped into the vehicle and took off. Officers located the stolen vehicle a short time later eastbound on Highway 55. Upon seeing officers, the suspect began fleeing. Officers pursued the vehicle for approximately 30 minutes until the vehicle was ultimately disabled through a PIT maneuver. The driver reported to officers that he had swallowed narcotics. He was transported to the hospital for treatment. Multiple charges are pending. On 03/06/2022 Officer was dispatched to a property damage accident in the parking lot of Inn Kahoots. Caller reported a male in the parking lot had struck two vehicles and afterwards a bartender had taken the keys out of the persons vehicle to prevent them from driving further. Officer located the suspect in the back seat of a friend’s vehicle. He showed signs of intoxication and was arrested for DWI. The subject later refused to submit to a breath test and was transported to Hennepin County Jail. Charges are pending. On 03/07/2022 Officer was dispatched to a damage to property report in the 400 block of Hamel Road. Male reported he and his wife had gotten into an argument on Friday and he had left the residence. A friend had stopped by the house the following day and found windows on a vehicle belonging to the male’s father had been smashed out. The female is suspected to have caused the damage but denied it. The case is being forwarded to the Medina Prosecuting Attorney for review. Investigations: In January a suspect entered a vehicle at a construction site and stole a worker’s wallet before making several thousands of dollars’ worth of charges. The suspect has been active in at least 4 other cities as well. He was identified this week and the case was sent for charging. In January a report was received of two fraudulent checks ($28,750 total) that were written in the victim’s name to an individual. Through investigations I have identified a suspect and the investigation is ongoing. In February a male made remarks to a female at a shopping center before showing her a lewd photograph on his phone. I was able to identify and contact the male, who eventually admitted to the acts. His case was sent for charging. On March 4th officers were involved in a pursuit of a vehicle that had just been stolen from a gas station. The male was ultimately arrested for the offense. There is an active investigation ongoing into additional individuals involved in this case. The case against the male driver was sent for charges. There are currently 14 cases assigned to investigations. 1 TO: Honorable Mayor and City Council FROM: Steve Scherer, Public Works Director DATE March 08, 2022 MEETING: March 15, 2022 SUBJECT Public Works Update STREETS • Public Works has been busy with ice and snow events; most recently this past weekend where a thick coating of ice and several inches of snow made for slick roads. • The road material bids have been sent out for the 2022 construction season. We are expecting increases on almost all items. • The spring weight restriction map is posted on the website and available for contractors to review our posting plan. Staff is ready to post the streets as soon as the state gives the go ahead. • Brush grinding and removal is complete, just in time to make room for the start of a new year of residential yard work. WATER/SEWER/STORMWATER • In the work session I will bring the Council up to date on the large, budgeted expense to replace water meter radio boxes and the VGB drive-by reader with a laptop. • The treatment plant expansion feasibility report is in your packet for review. • Greg Leuer and I completed the water conservation report due each year in March. The process measures the implementation of water conservation and efficiency efforts, it can even point to potential leaks in the system. • Public Works engaged WSB to update the SWPPP plan per the MS4 2021 - 2025 permit cycle requirement. PARKS/TRAILS • The purchase agreement for the Chippewa Road parkland acquisition is signed; we are now in the due diligence period. • Included in your packet are the agreements for portable sanitation services, lawn and grounds maintenance on city properties, and the operation and concession agreement with Hamel Athletic Club. MEMORANDUM 2 PERSONNEL • Staff’s recommendation to fill the Public Works Maintenance Technician vacancy is in your packet. MISC • Cleanup Day is on the calendar for Saturday April 30, 2022, the (fee schedule) resolution is in your packet. Lisa started the process to coordinate services for the event. Mayor Martin has volunteered to grill hotdogs. ORDER CHECKS MARCH 1, 2022 – MARCH 15, 2022 52685 ELM CREEK WATERSHED ..................................................... $3,375.00 52686 LEAGUE OF MN CITIES INS.TRUST .................................... $90,450.00 52687 MUNICIPAL CLERKS & FINANCE OFF ....................................... $45.00 52688 PATEL, ASHVIN .......................................................................... $100.00 52689 EDINA REALTY ........................................................................... $114.93 52690 GARRETT, DONNA..................................................................... $250.00 52691 LEN BUSCH ROSES .................................................................. $250.00 52692 METROPOLITAN COUNCIL .................................................. $19,681.20 52693 PULTE GROUP ............................................................................. $94.82 52694 SHI INTERNATIONAL CORP ....................................................... $50.98 52695 STEVENSON, SCOTT ................................................................ $500.00 52696 WEBB, SARA .............................................................................. $500.00 52697 ABDO........................................................................................ $7,000.00 52698 BEAUDRY OIL & PROPANE ................................................... $2,421.27 52699 CANVAS SOLUTIONS, INC ........................................................ $530.00 52700 DITTER INC................................................................................. $228.30 52701 ECM PUBLISHERS INC ........................................................... $1,126.58 52702 FINANCE AND COMMERCE ........................................................ $66.70 52703 GOPHER STATE ONE CALL ........................................................ $70.20 52704 GRAINGER.................................................................................. $165.57 52705 HACH COMPANY ....................................................................... $195.32 52706 HAKANSON ANDERSON ASSOCIATES I ................................. $500.00 52707 HAMEL LUMBER INC ................................................................... $38.46 52708 HAMEL LIONS CLUB .................................................................. $775.00 52709 HENNEPIN COUNTY .................................................................. $268.00 52710 HENN COUNTY INFO TECH ................................................... $7,347.02 52711 HENN COUNTY SHERIFF ............................................................ $75.00 52712 HENNEPIN COUNTY TREASURER ............................................. $20.00 52713 HOLIDAY STATIONSTORES LLC .................................................. $6.50 52714 MATTHEW E HUNZ .................................................................... $202.90 52715 LAW ENFORCEMENT LABOR ................................................... $585.00 52716 LEXISNEXIS RISK DATA MGMT INC .......................................... $39.50 52717 CITY OF MAPLE PLAIN .............................................................. $898.61 52718 MATHESON TRI-GAS INC ......................................................... $207.17 52719 MEDTOX LABS ............................................................................. $50.00 52720 METROPOLITAN COUNCIL .................................................. $32,291.02 52721 MONTICELLO, CITY OF ............................................................. $250.00 52722 MORRIS ELECTRONICS INC. ................................................... $610.08 52723 MOTLEY AUTO SERVICE LLC .................................................... $49.00 52724 NAPA OF CORCORAN INC .......................................................... $93.50 52725 OFFICE DEPOT ............................................................................ $51.67 52726 OPG-3, INC ................................................................................. $787.28 52727 CITY OF ORONO ..................................................................... $1,095.16 52728 RAILROAD MANAGEMENT CO.LLC ......................................... $313.34 52729 ROLF ERICKSON ENTERPRISES INC ................................... $8,022.65 52730 SOLUTION BUILDERS INC ..................................................... $5,172.37 52731 STANDARD INSURANCE COMPANY .................................... $1,103.05 52732 STREICHER'S ............................................................................. $301.94 52733 TALLEN & BAERTSCHI ........................................................... $2,441.57 52734 TIMESAVER OFFSITE ................................................................ $190.50 52735 WESTSIDE WHOLESALE TIRE ................................................... $62.00 Total Checks $191,064.16 ELECTRONIC PAYMENTS MARCH 1, 2022 – MARCH 15, 2022 006285E FURTHER................................................................................. $2,859.37 006286E PR PERA ................................................................................ $18,943.87 006287E PR FED/FICA ......................................................................... $18,729.45 006288E PR MN Deferred Comp ............................................................ $3,034.00 006289E PR STATE OF MINNESOTA .................................................... $4,355.61 006290E CITY OF MEDINA ......................................................................... $25.00 006291E MN CHILD SUPPORT PAYMENT .............................................. $959.70 006292E CENTURYLINK ........................................................................... $252.82 006293E CIPHER LABORATORIES INC. ............................................... $1,122.00 006294E CULLIGAN-METRO ...................................................................... $36.50 006295E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 006296E FRONTIER .................................................................................... $57.23 006297E FURTHER.................................................................................... $722.29 006298E MARCO (LEASE) ..................................................................... $1,691.35 006299E VALVOLINE FLEET SERVICES ................................................. $149.52 006300E FARMERS STATE BANK OF HAMEL ........................................ $200.00 006301E FARMERS STATE BANK OF HAMEL .......................................... $60.00 006302E MINNESOTA, STATE OF ......................................................... $1,148.00 Total Electronic Checks $55,346.71 PAYROLL DIRECT DEPOSIT – MARCH 2, 2022 0511680 BILLMAN, JACKSON CARROLL ............................................... $600.42 0511681 COOK, JUSTIN W ...................................................................... $627.09 0511682 ALBERS, TODD M. .................................................................... $230.87 0511683 ALTENDORF, JENNIFER L. ................................................... $1,193.23 0511684 BARNHART, ERIN A. .............................................................. $2,788.42 0511685 BAUMGARDNER, COLETTE J .................................................. $447.81 0511686 BOECKER, KEVIN D. .............................................................. $2,903.31 0511687 CAVANAUGH, JOSEPH ............................................................ $230.87 0511688 CONVERSE, KEITH A. ........................................................... $2,410.32 0511689 DEMARS, LISA ....................................................................... $1,558.36 0511690 DESLAURIES, DEAN ................................................................. $230.87 0511691 DION, DEBRA A. ..................................................................... $2,091.51 0511692 ENDE, JOSEPH ...................................................................... $2,254.11 0511693 FINKE, DUSTIN D. .................................................................. $2,869.01 0511694 GLEASON, JOHN M................................................................ $2,292.36 0511695 GREGORY, THOMAS ............................................................. $1,589.17 0511696 HALL, DAVID M. ...................................................................... $2,241.57 0511697 HANSON, JUSTIN ................................................................... $2,395.16 0511698 JACOBSON, NICOLE ............................................................. $1,035.78 0511699 JESSEN, JEREMIAH S. .......................................................... $2,592.99 0511700 JOHNSON, SCOTT T. ............................................................. $2,273.17 0511701 KLAERS, ANNE M. ................................................................. $1,624.48 0511702 LEUER, GREGORY J. ............................................................ $1,987.73 0511703 MARTIN, KATHLEEN M ............................................................. $327.07 0511704 MCGILL, CHRISTOPHER R. .................................................. $1,574.51 0511705 MCKINLEY, JOSHUA D .......................................................... $2,239.09 0511706 NELSON, JASON .................................................................... $2,795.91 0511707 REID, ROBIN .............................................................................. $230.87 0511708 REINKING, DEREK M ............................................................. $2,079.83 0511709 RUTH, BRENDA L. .................................................................. $1,618.77 0511710 SCHARF, ANDREW ................................................................ $1,643.69 0511711 SCHERER, STEVEN T. .......................................................... $2,527.20 0511712 VINCK, JOHN J ....................................................................... $1,842.71 0511713 VOGEL, NICHOLE .................................................................. $1,082.50 0511714 WALKER, CAITLYN M. ........................................................... $1,872.48 0511715 BURSCH, JEFFREY ............................................................... $1,412.92 Total Payroll Direct Deposit $59,716.16