HomeMy Public PortalAbout11.01.2022 City Council Meeting Packet Posted 10/28/2022 Page 1 of 2
AGENDA FOR THE REGULAR MEETING
OF THE MEDINA CITY COUNCIL
Tuesday, November 1, 2022
7:00 P.M.
Medina City Hall
2052 County Road 24
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ADDITIONS TO THE AGENDA
IV. APPROVAL OF MINUTES
A. Minutes of the October 18, 2022, Work Session
B. Minutes of the October 18, 2022, Regular City Council Meeting
V. CONSENT AGENDA
A. Appoint Tanner Wiese to the Position of Community Service Officer
B. Appoint Jacob Milinkovich to the Position of Community Service Officer
C. Approve LMCIT Insurance Liability Renewal Waiver
D. Approve 2023 Rates with Steve M. Tallen
E. Approve 2023 Rates with Kennedy & Graven
F. Approve Purchase of Building Permit Software
G. Interim Ordinance Authorizing a Study and Imposing a Moratorium on the Sale of Edible Cannabinoid
Products
H. Resolution Authorizing Publication of Ordinance Authorizing a Study and Moratorium on the Sale of
Edible Cannabinoid Products by Title and Summary
I. Ordinance Amending Chapter 3 of the City Code Making It Unlawful for a Person Under 21 to Possess or
Consume Edible Cannabinoid Products in Medina
J. Resolution Authorizing Publication of Ordinance Amending Chapter 3 of the City Code by Title and
Summary
K. Resolution Approving Proposed Transfers and Assignment of Fund Reserves
L. Resolution Accepting Public Utilities Within Meadowview Commons 1st Addition
M. Resolution Accepting Public Utilities Within Meadowview Commons 2nd Addition
N. Resolution Accepting Public Watermain Within the OSI Expansion Project
O. Resolution Accepting Public Streets Within the Villas at Medina Country Club
P. Resolution Accepting Public Utilities Within the Reserve of Medina 3rd Addition
Q. Resolution Accepting Public Streets Within the Reserve of Medina 2nd Addition
R. Approve Change Order for the Arrowhead Drive Turn Lane Expansion Project
S. Resolution Adopting Assessment Roll for Arrowhead Road Improvements
T. Approve Donation Agreement with Hamel Athletic Club for a Grandstand at Paul Fortin Memorial Field
U. Approve Snow Removal Services Agreement with Hunzy’s LLC
VI. COMMENTS
A. From Citizens on Items Not on the Agenda
B. Park Commission
C. Planning Commission
VII. NEW BUSINESS
A. Water Treatment Plant Filters 1 and 2 Rehabilitation Project Update
1. Award a contract to Shank Constructors, Inc, Brooklyn Park, MN, for the Base Bid, Alternate 1
and Alternate 2 in the amount of $777,207.00 based on the results of the bids received.
Meeting Rules of Conduct to Address
the City Council:
• Fill out & turn in comment card
• Give name and address
• Indicate if representing a group
• Limit remarks to 3-5 minutes
Posted 10/28/2022 Page 2 of 2
Posted 09/30/2022 Page 2 of 2
2. Resolution Authorizing Interfund Loan for Advance of Certain Water Treatment Plant
Rehabilitation Costs
B. G & S-K Family LLC – Easement Vacation – Public Hearing Continuation
1. Resolution Approving Lot Line Rearrangement of 1400 Tamarack Drive and 1420 Tamarack
Drive
2. Resolution Vacating Drainage and Utility Easements at 1400 Tamarack Drive and 1420
Tamarack Drive
C. Appoint Planning Commission Member
VIII. CITY ADMINISTRATOR REPORT
IX. MAYOR & CITY COUNCIL REPORTS
X. APPROVAL TO PAY BILLS
XI. ADJOURN
MEMORANDUM
TO: Medina Mayor and City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: October 27, 2022
DATE OF MEETING: November 1, 2022
SUBJECT: City Council Meeting Report
V. CONSENT AGENDA
A. Appoint Tanner Wiese to the Position of Community Service Officer – Staff recommends
the appointment of Tanner Wiese to fill one of the vacant Community Service Officer
positions.
See attached memo.
B. Appoint Jacob Milinkovich to the Position of Community Service Officer – Staff
recommends the appointment of Jacob Milinkovich to fill one of the vacant Community
Service Officer positions.
See attached memo.
C. Approve LMCIT Insurance Liability Renewal Waiver – The City is required to approve
the LMCIT form each year. Staff recommends approval.
See attached waiver.
D. Approve 2023 Rates with Steve M. Tallen – Prosecuting Attorney Steve Tallen is
proposing a 2% increase which is consistent with the four-year agreement between the
City and Tallen. 2023 is the third year of the original agreement for prosecuting services.
Staff recommends approval.
See attached letter.
E. Approve 2023 Rates with Kennedy & Graven – Attached is a letter from Kennedy and
Graven stating they are recommending an increase in legal rates for 2023. The
reimbursable rate and the rate for non-reimbursable work outside the retainer will increase
by $10.00 per hour. There will be no increase in the retainer. This will increase legal fees
paid by the City approximately $3,500 to $4,000 next year. Staff recommends approval.
See attached letter.
F. Approve Purchase of Building Permit Software – Staff recommends that the City partner
with OpenGov. Staff believes that the experience for permit applicants will be
significantly improved in terms of application and payment processes. Staff also believes
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that staff and consultant workflow, communication, collaboration, and organization will
be significantly improved. Staff recommends approval.
See attached memo.
G. Interim Ordinance Authorizing a Study and Imposing a Moratorium on the Sale of Edible
Cannabinoid Products – Staff recommends approval of the moratorium based on Council
direction on the sale of edible cannabinoid products in the City.
See attached ordinance.
H. Resolution Authorizing Publication of Ordinance Authorizing a Study and Moratorium
on the Sale of Edible Cannabinoid Products by Title and Summary – Staff recommends
approval of the summary publication for the resolution.
See attached resolution.
I. Ordinance Amending Chapter 3 of the City Code Making It Unlawful for a Person Under
21 to Possess or Consume Edible Cannabinoid Products in Medina – Staff recommends
approval of the amendment to Chapter 3 of the City Code. The change makes it unlawful
for a person under 21 years of age to possess or consume edible cannabinoid products in
the City based on Council direction.
See attached ordinance.
J. Resolution Authorizing Publication of Ordinance Amending Chapter 3 of the City Code
by Title and Summary – Staff recommends approval of the summary publication for the
resolution.
See attached resolution.
K. Resolution Approving Proposed Transfers and Assignment of Fund Reserves – The City
Council reviewed the transfer and assignment of fund reserves during discussions for the
2023 Budget. Staff has prepared the attached resolution for adoption. Staff recommends
approval.
See attached resolution.
L. Resolution Accepting Public Utilities Within Meadowview Commons 1st Addition –
Staff recommends accepting public utilities within Meadowview Commons 1st Addition.
See attached resolution.
M. Resolution Accepting Public Utilities Within Meadowview Commons 2nd Addition
Staff recommends accepting public utilities within Meadowview Commons 2nd Addition.
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See attached resolution.
N. Resolution Accepting Public Watermain Within the OSI Expansion Project – Staff
recommends accepting public watermain within the OSI expansion project.
See attached resolution.
O. Resolution Accepting Public Streets Within the Villas at Medina Country Club – Staff
recommends accepting public streets within the Villas at Medina Country Club.
See attached resolution
P. Resolution Accepting Public Utilities Within the Reserve of Medina 3rd Addition ––
Staff recommends accepting public utilities within the Reserve of Medina 3rd Addition.
See attached resolution
Q. Resolution Accepting Public Streets Within the Reserve of Medina 2nd Addition - Staff
recommends accepting public streets within the Reserve of Medina 2nd Addition.
See attached resolution
R. Approve Change Order for the Arrowhead Drive Turn Lane Expansion Project – Staff is
recommending approval Approve the Change Order for the Arrowhead Drive Turn Lane
Expansion Project in the amount of $32,633.49. During construction, unknown issues
were discovered and as a result, additional work by the contractor was required. The
total construction costs including the change order items is currently $672,249.14. The
engineering costs for design and construction total $195,083.00 and there was a small
cost by the City Attorney in the amount of $1,021.00. The total of these items is
$868,353.14. At the time of bid award, the total estimated project cost was $875,500.00
which included a 10% contingency and indirect costs for legal, engineering,
administrative, and financing.
See attached memo and change order.
S. Resolution Adopting Assessment Roll for Arrowhead Drive Improvements – As part of
the Arrowhead Drive project, Arrowhead Holdings, LLC (OSI) executed a petition and
waiver agreement, dated July 1, 2020. The completed project costs for the Arrowhead
Drive project have been calculated at $868,353.14, of which, $352,301.72 will be
assessed to Arrowhead Holdings, LLC per the agreement.
See attached memo and resolution.
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T. Approve Donation Agreement with Hamel Athletic Club for a Grandstand at Paul Fortin
Memorial Field – Staff recommends approving the donation agreement with the Hamel
Athletic Club for a grandstand at Paul Fortin Memorial Field.
See attached memo and agreement.
U. Approve Snow Removal Services Agreement with Hunzy’s LLC – Staff recommends
renewing Medina’s contract with Hunzy’s LLC for snow removal services at the Hamel
Community Building.
See attached memo and agreement.
VII. NEW BUSINESS
A. Water Treatment Plant Filters 1 and 2 Rehabilitation Project Update – Public Works
Director Steve Scherer will provide an update on the project and costs. The project will
update and refurbish the current water plant treatment filters 1 and 2. WSB recommends
that the City Council consider the bids and award a contract to Shank Constructors, Inc,
Brooklyn Park, MN, for the Base Bid, Alternate 1 and Alternate 2 in the amount of
$777,207 based on the results of the bids received.
Recommended Motions:
1. Move to award a contract to Shank Constructors, Inc, Brooklyn Park, MN, for the
Base Bid, Alternate 1 and Alternate 2 in the amount of $777,207.00 based on the
results of the bids received.
2. Move to adopt resolution authorizing interfund loan for advance of certain water
treatment plant rehabilitation costs.
B. G & S-K Family LLC – Easement Vacation – Public Hearing Continuation – Gail
Knappenberger, as general partner of G & S-K Family LLC, fee owner of 1400 and 1420
Tamarack Drive, has requested a lot line rearrangement between two adjacent properties
which they own. This is a continuation of the public hearing that was opened during the
October 18th City Council meeting.
Recommended Motions:
1. Move to adopt the resolution approving lot line rearrangement of 1400 Tamarack
Drive and 1420 Tamarack Drive.
2. Move to adopt the resolution vacating drainage and utility easements at 1400
Tamarack Drive and 1420 Tamarack Drive.
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C. Appoint Planning Commission Member – Interviews are scheduled for October 28th for
the open Planning Commission seat. Planning Director Dusty Finke will report to the
City Council at their November 1st meeting with the recommended candidate from the
interview panel. Candidate information is available upon request.
Potential Motion: Move to appointment _____ to the Medina Planning Commission.
X. APPROVAL TO PAY BILLS
Recommended Motion: Motion to approve the bills, EFT 006576E-006592E for
$68,686.16, and order check numbers 053553-053608 for $342,606.67 and payroll EFT
0512246-0512273 for $55,703.01.
INFORMATION PACKET:
• Planning Department Update
• Police Department Update
• Public Works Department Update
• Claims List
Medina City Council Work Session Minutes
October 18, 2022
DRAFT
MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF
OCTOBER 18, 2022
The City Council of Medina, Minnesota met in work session on October 18, 2022, at 6:30 p.m. at
the Medina City Hall, 2052 County Road 24, Medina, MN.
I.Call to Order
Members present: Albers, Cavanaugh, Martin
Members absent: DesLauriers, Reid
Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Public
Works Director Steve Scherer, Planning Director Dusty Finke, City Engineer Jim Stremel
II. Hackamore Road Improvement Project Update
City Engineer Jim Stremel provided an update on the Hackamore Road improvement project.
The project is at the 90% design stage and Stremel gave an overview of the project's progress to
date. He highlighted that the project has been extended west approximately 400 feet, the City of
Plymouth constructed the traffic signal at County Road 101 and County Road 47, and they are
designing the future water main corridor which is on the Corcoran side. Staff has been working
with the residents in the area to identify the best road access points to the developments. Staff
has also been working with the adjacent landowners to procure the necessary easements for the
project. They have also been working with the utility companies on plans to underground the
overhead utility lines.
Stremel provided an update on the cost of the project. The total project cost is expected to be
approximately $7.4 million dollars. The Medina share is expected to be about $1.4 million
dollars. There have been general increases in the expected costs due to product and labor price
increases. These cost increases will be accounted for when the City solicits bids. Stremel
explained the next steps of the project are to hold an open house, solicit approvals from the
watershed districts and MN Department of Transportation, approve final plans and authorize
bidding, and finalize City agreements with Corcoran. The construction is expected to begin in the
2023 season.
III. Adjourn
Cavanaugh made a motion to adjourn the meeting at 6:54 p.m. on October 18, 2022. Albers
seconded the motion. The motion passed unanimously.
_________________________
Kathleen Martin, Mayor
Attest:
____________________________
Caitlyn Walker, City Clerk
Medina City Council Meeting Minutes
October 18, 2022
1
DRAFT 1
2
MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 18, 2022 3
4
The City Council of Medina, Minnesota met in regular session on October 18, 2022 at 5
7:03 p.m. in the City Hall Chambers. Mayor Martin presided. 6
7
I. ROLL CALL 8
9
Members present: Albers, Cavanaugh, Martin, and Reid (arrived at 7:50 p.m.). 10
11
Members absent: DesLauriers. 12
13
Also present: City Administrator Scott Johnson, Attorney Dave Anderson, City 14
Engineer Jim Stremel, City Planning Director Dusty Finke, Public Works Director Steve 15
Scherer, City Clerk Caitlyn Walker, and Police Sergeant Kevin Boecker. 16
17
II. PLEDGE OF ALLEGIANCE (7:03 p.m.) 18
19
III. ADDITIONS TO THE AGENDA (7:03 p.m.) 20
Johnson stated that staff is requesting to add an item to the agenda, Closed Session: 21
Attorney-Client Privileged Discussion Pursuant to Minn. Stat. 13D.05, Subd. 3(b) to 22
Discussion Threatened Litigation by Chris and Michelle Sele. 23
24
Moved by Martin, seconded by Albers, to add the requested item to the agenda and 25
approve the agenda as amended. Motion passed unanimously. 26
27
IV. APPROVAL OF MINUTES (7:04 p.m.) 28
29
A. Approval of the October 4, 2022 Regular City Council Meeting Minutes 30
Martin stated that prior to the meeting Johnson distributed proposed changes that she 31
had proposed to the minutes for incorporation. 32
33
Cavanaugh noted on page nine, lines eight and nine, and asked those to be stricken. 34
35
Moved by Martin, seconded by Cavanaugh, to approve the October 4, 2022 regular City 36
Council meeting minutes as amended. Motion passed unanimously. 37
38
V. CONSENT AGENDA (7:06 p.m.) 39
40
A. Resolution 2022-80 Certifying Delinquent Utility Charges to the Hennepin 41
County Auditor for Collection in 2023 42
B. Resolution 2022-81 Certifying Delinquent Storm Water Utility Charges to 43
Hennepin County Auditor for Collection in 2023 44
C. Resolution Certifying 2022-82 Delinquent City Charges for Service to the 45
Hennepin County Auditor for Collection in 2023 46
D. Approve Escrow Agreement for 1735 Medina Road 47
E. Adopt Resolution 2022-83 Granting Extension of Time to BAPS Minneapolis 48
LLC Site Plan Review Approval 49
F. Adopt Ordinance Establishing Hamel Townhomes Storm Sewer 50
Improvement Tax District 51
Medina City Council Meeting Minutes
October 18, 2022
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G. Adopt Resolution Authorizing Publication of Hamel Townhome Storm 1
Sewer Improvement Tax District by Title and Summary 2
H. Resolution 2022-84 Approving Pioneer Highlands Preliminary Plat 3
I. Approve Pioneer Highlands Preliminary Development Agreement 4
Johnson requested that Items F and G be pulled from the Consent Agenda and placed 5
later on in the agenda as four members are needed, and Reid is running late. 6
7
Martin agreed that those items could be placed under Old Business. 8
9
Moved by Martin, seconded by Albers, to remove Items F and G from the Consent 10
Agenda to be considered under Old Business. Motion passed unanimously. 11
12
Moved by Albers, seconded by Cavanaugh, to approve the consent agenda as 13
amended. Motion passed unanimously. 14
15
VI. COMMENTS (7:07 p.m.) 16
17
A. Comments from Citizens on Items not on the Agenda 18
There were none. 19
20
B. Park Commission 21
Scherer provided an update on the progress at Legion Park. He stated that they 22
canceled the Park Commission meeting for lack of items to be considered. 23
24
C. Planning Commission 25
Planning Commissioner Ron Grajczyk reported that the Planning Commission met the 26
previous week to discuss the concept review plan for the Cates Industrial Park. He 27
stated that resident input was received related to traffic, potential issues with noise from 28
trucks, as well as views. He stated that the Commission discussed screening and 29
potential changes to the layout to place the loading docks in the center. The 30
Commission also reviewed the preliminary plat and site plan review for Loram and 31
Scannell and discussed the wetlands and potential impacts, the potential to reduce the 32
number of buildings and increased landscaping. The Commission acknowledged the 33
work of the applicant to lessen the wetland impacts and ultimately the item was 34
recommended for approval with a vote of four to two. 35
36
Albers asked why the two members voted against the request. 37
38
Grajczyk replied that the wetlands were the main factor in that decision. 39
40
VII. NEW BUSINESS 41
42
A. Cates Industrial Park Concept Plan Review (7:16 p.m.) 43
Johnson stated that the applicants have requested a review for approximately 310,000 44
square feet of warehouse/office/light industrial development on 30 acres of the subject 45
site. 46
47
Finke commented that the Council has reviewed this use several times over the past 48
year and conditionally approved a reguiding of the property within the Comprehensive 49
Plan and under the current staging period, contingent upon site plan approval. He 50
stated that the applicant proceeded with a similar concept to what had been preferred by 51
Medina City Council Meeting Minutes
October 18, 2022
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the Council in the last review and is requesting one last round of input before proceeding 1
to formal application. He stated that there were some comments at the Planning 2
Commission meeting related to the residential properties to the east and the potential to 3
orientating the loading docks to the center of the site. He stated that the applicant did 4
receive that input and provided an updated concept, which he displayed for the Council. 5
He stated that the orientation of the loading docks in this manner would make them 6
exempt to the 10 percent loading dock limitation. He commented that this concept is the 7
same square footage as the previously submitted concept, just changing the orientation. 8
He stated that there would be some limited impact to a wetland in this concept, about 9
1,800 square feet. He stated that there would be some wetland impacts in order to 10
realign Cates Ranch Drive as well. He summarized the additional information available 11
in the packet. He stated that staff would like to direct as much traffic as possible to 12
Willow Drive as that provides the most stacking opportunity and most direct path to 13
Highway 55. He commented that some residents raised concerns with concentrating the 14
truck traffic on the new access at Cates Ranch Drive. He stated that most of the 15
employee traffic would come from the other routes. He stated that the applicant has 16
attempted to address some of the comments received during the Planning Commission 17
meeting in the updated concept. 18
19
Martin asked about the landscaping and screening in the plans. 20
21
Finke stated that the applicant indicated that there is likely space for a six-foot berm in 22
that area. 23
24
Cavanaugh commented that if the buildings are orientated north/south it is not as 25
attractive from the roadside. 26
27
Martin echoed those comments. 28
29
Finke commented that from an architectural standpoint there is less building frontage. 30
31
Albers commented that he prefers the north/south orientation as it moves it away from 32
the eastern property line. He noted that it is less wall to look at as you drive along, and 33
this layout makes more sense than the other layout presented in the packet. 34
35
Martin asked if that would include the condition of continuing the modulation along the 36
exterior visible from the right-of-way and residential, with the only industrial feeling sides 37
being the loading dock sides. 38
39
Finke stated that additional vegetation could be added to screen along Chippewa Road. 40
41
Albers agreed that additional modulation would be desired. 42
43
Martin commented that it seemed the staff recommendations address her comments. 44
45
Cavanaugh asked if there would be sufficient turning radius for semitrucks if the loading 46
docks are faced back-to-back. 47
48
Finke provided additional details and noted that each concept provides similar space for 49
the trucks. 50
51
Medina City Council Meeting Minutes
October 18, 2022
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Cavanaugh stated that perhaps offices wrap around the southern portion of the building. 1
2
Martin agreed that she would like to see glass front on the south side of both buildings 3
and the north side. 4
5
Finke asked if the Council would desire access and parking on both sides, or just the 6
appearance noting that if actual access were desired there would be additional wetland 7
impacts. 8
9
Albers commented that the north/south orientation seems to have less impervious 10
surface as everything is concentrated in the middle, which would be better for 11
stormwater. 12
13
Jay Moore, Oppidan, commented that they are hopeful they can come to a consensus 14
on the best plan to move forward noting that they have been working on this for one 15
year. He stated that originally, they had planned for both parcels and then reduced that 16
at the direction of the Council to only proceed with 30 acres. He stated that their goal 17
has been to minimize wetland impacts through this development. He confirmed that the 18
space for the trailer court would be more than adequate for truck maneuvering. He 19
stated that they also agree to realign Cates Ranch Drive and will place signage alerting 20
truck drivers to exit the site to Willow Drive. He stated that the previous concept was 21
106 feet from the eastern property line but after the comments of the neighbor at the 22
Planning Commission, they were able to move 200 feet from that property line. He 23
commented that these are quality buildings, and he can provide better pictures of the 24
elevations. He stated that even though it will be the side of the building, there will be 25
glass and other building materials. 26
27
Martin asked if it would be feasible for the applicant to have a three-sided design as 28
discussed, as the building will be street visible on three sides. She asked for examples 29
of similar Oppidan projects. 30
31
Moore advised of projects in other communities. He commented that there will be glass 32
on the sides, but they cannot put glass on the southern sides as that would not work for 33
the intended use. 34
35
Cavanaugh commented that he sees this as lacking, noting the southwest corner of the 36
east building is very plain and will be most visible for traffic coming around the curve. He 37
stated that he likes the project and wants it to work for everyone, but it would be nice to 38
have a better appearance on that corner. 39
40
Moore commented that he believes that the elevations could be better represented as he 41
believes that those buildings will look nice. He commented that Medina already requires 42
higher design and building materials. He noted that the cost for these buildings has 43
increased $3,000,000 in the last 60 days and this is the most expensive project they 44
have considered. He commented that this would be an elevated design. 45
46
Cavanaugh asked if the change in cost is due to design changes or the cost in materials. 47
48
Moore replied that the change is due to the cost of materials and inflation. 49
50
Martin stated that perhaps landscaping could be used to dress up that corner. 51
Medina City Council Meeting Minutes
October 18, 2022
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1
Moore commented that there are clear store windows and stone, but to have glass 2
around the back of the building where receiving would be located would not be feasible. 3
He asked if there were examples of industrial buildings which would have those design 4
materials required. 5
6
Cavanaugh noted that there are not. He stated that in the other concept the offices face 7
the roadway. 8
9
Moore asked if the Council has seen the properties to the west of Willow which were 10
built in the 90s. 11
12
Cavanaugh commented that none of these members were on the Council at that time. 13
14
Moore commented that this is modern architecture and class AA. 15
16
Finke replied that the truck court does setback on the southwest corner of the building 17
and therefore there would be opportunity to focus on that corner. He commented that 18
there are not docks on the immediate corner as laid out. 19
20
Moore commented that they would be happy to enhance landscaping in that area. 21
22
Cavanaugh commented that he would prefer to have the offices face the south side but 23
still did not want to impact the neighbor to the east. 24
25
Finke asked if the footprint could shift a bit to the east, which would gain a bit more 26
space along Chippewa for landscaping. 27
28
Martin agreed that could be helpful. 29
30
Albers stated that he prefers the north/south orientation and did not have a problem 31
shifting slightly to the east if that would help hide the south façade along Chippewa. 32
33
Martin asked where the customer entrances would be for the east building. 34
35
Finke replied that would be located on the east side of that building. 36
37
Martin agreed that moving the footprint slightly to the east could provide more room for 38
flexibility between perhaps a screening wall and landscaping. 39
40
Moore asked if the suggestion was to move the buildings further apart. 41
42
Martin agreed that the suggestion would be to move both buildings another ten feet to 43
the east. 44
45
Finke stated that staff could work with the applicant. 46
47
Cavanaugh asked if the applicant prefers the new concept over their previously 48
submitted concept. 49
50
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October 18, 2022
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Moore confirmed that the most recent concept is more efficient and also addresses the 1
comments and concerns raised by the neighboring property owners and Planning 2
Commission. He commented that they believe that this is a better plan. 3
4
Cavanaugh noted that the Planning Commission has not seen this concept. 5
6
Finke explained that this orientation was suggested by the Planning Commission. 7
8
Moore explained that the thought was that this layout would minimize the impact (noise, 9
lights) from truck traffic at the loading docks on neighboring property owners. 10
11
Martin stated that she supports this updated concept, moving it slightly to the east to 12
allow more flexibility for landscaping. 13
14
Cavanaugh noted that he would still prefer the other orientation because of the view 15
from Chippewa. 16
17
Reid arrived. 18
19
Reid commented that she believes the buildings will look very nice and believed that the 20
applicant can work with staff to work through the kinks. She believed that this could 21
proceed to formal application. 22
23
Albers agreed that he prefers this orientation as it will reduce the amount of impervious 24
surface and meets the other goals, as well as addressing the concerns of the adjacent 25
residents. He asked if the applicant would plan to fence the property. 26
27
Moore replied that they would not fence the property. 28
29
Cavanaugh asked if the buildings would be built on speculation or whether tenants 30
would be secured first. 31
32
Moore replied that is yet to be determined. 33
34
B. Loram/Scannell Plat and Site Plan Review (7:53 p.m.) 35
Johnson stated that the applicants have requested land use approval for the proposed 36
development of three buildings and the primary question before the Council is whether 37
the applicant has proven that this development would minimize the impact to wetlands. 38
39
Finke stated that a fuller review of the material related to plat and site plan was included 40
in the packet for context. He stated that depending on the outcome of the discussion 41
related to the wetland impacts and replacement plan, the plans may need to be adjusted 42
and therefore the plans have not been updated to reflect the comments of staff as of yet. 43
He stated that the current layout proposes 1.22 acres of wetland impacts. He stated that 44
wetland impacts are subject to Wetland Conservation Act (WCA) review and approval. 45
He stated that the Council serves as the deciding body related to wetland replacement 46
plans. He stated that the impacts and replacement plan were reviewed by the Technical 47
Evaluation Panel (TEP) and the TEP recommended denial, noting that report was 48
included in the packet. He stated that the Planning Commission reviewed the overall 49
development and recommended approval of the proposed development with a vote of 50
four to two. He displayed the updated layout as submitted by the applicant and identified 51
Medina City Council Meeting Minutes
October 18, 2022
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the proposed wetland impacts. He stated that beyond the WCA and in technically 1
meeting the State law, the City has identified wetland protection as an objective in the 2
community. He stated that staff reviewed previous wetland impacts and replacement 3
plans approved by the City noting that this would be one of the largest impacts 4
proposed. He noted the other large wetland impact projects which were the Chippewa 5
Road extension and Wellshire project. 6
7
Martin asked how this has been addressed in other applications to reduce the overall 8
impact proposed. She commented that there is a large wetland in the middle of the 9
Motorplex complex that became an amenity that was built around. She referenced the 10
wetland on the western edge which seems to be the highest quality wetland on the site. 11
12
Finke noted that there were not any impacts to the center wetland on the Motorplex site 13
through that development. He stated that developer attempted to make that an amenity 14
for the site. He stated that OSI built their parking lot around the wetland to minimize 15
impacts on the north side of the building. 16
17
Allison Harwood, WSB, reviewed the City’s responsibility as the LGU for WCA and the 18
entities that provide input in that process through the TEP. She explained the purpose 19
of WCA and the review process that is completed by the TEP. She stated that the 20
applicant submitted a wetland replacement plan in July proposing 1.27 acres of wetland 21
impact to seven wetlands across the site and replacement was to be provided through 22
the purchase of offsite credit banks. She explained that the purpose and need is 23
considered when reviewing these plans. She stated that there is some wetland 24
replacement proposed but is not proposed to be included in the replacement plan as it is 25
not designed to the standard WCA would require and therefore is not part of the 26
calculation. She also commented on the lack of wetland buffer in that area. She stated 27
that the TEP met with the applicant and provided details on that process noting that only 28
one alternative was provided at that time and two alternatives are required. She noted 29
no plans were submitted that showed any efforts to further minimize wetland impacts 30
and therefore an avoidance alternative was required by the TEP. She stated that the 31
applicant submitted the additional information as requested and noted that the TEP 32
preferred the two-building concept provided as an alternative that would avoid the 33
wetland to the west. She explained that the applicant stated that the concept did not 34
meet their needs. She stated that the TEP concurs that the one building concept would 35
not be feasible or prudent, but the revised two building concept would meet the 36
applicant’s needs while also reducing the impact to wetlands. She stated that based on 37
the information received to date, the TEP recommends that the wetland replacement 38
plan be denied because two parts of the WCA have not been complied with. 39
40
Phil Holman, CEO of Loram and Medina resident, stated that he has worked for Loram 41
for about 30 years and this land was purchased over 50 years ago for the future 42
expansion of the company. He stated that Loram is proud to call Medina its 43
headquarters while operating in eight countries in the world and exporting products to 44
countries all over the world. He commented on the large number of employees working 45
at Loram in Medina. He stated that Loram has been in this location since the 1960s and 46
has expanded on the existing facility multiple times in that time. He stated that his office 47
stares to the south, therefore he would look at this building from his office. He noted that 48
he also owns a condo in the Motorplex and would see the property from that site and 49
would also see the project from the roadway as a citizen. He stated that he would not 50
promote any development that he would not be proud of as a Medina resident. He 51
Medina City Council Meeting Minutes
October 18, 2022
8
believed that this would be a great taxbase for the community and addition. He stated 1
that the needs of Loram are first and foremost and while the two-building concept may 2
not impact public safety, it would impact the safety of Loram which he takes very 3
seriously. 4
5
Cavanaugh asked the number of people that would work in the new three buildings. 6
7
Holman replied that these would mostly be warehouse buildings noting that Loram 8
currently has 13 people employed in the warehouse. He explained that they also have 9
contracted warehouse space in other communities and within the Hamel location. He 10
noted that this would not necessarily be an expansion of their employment for that 11
purpose but would consolidate those operations. He provided general estimates on the 12
number of employees that could be added between the different buildings. 13
14
Brian Wurdeman, Kimley-Horn, commented on their understanding of the high 15
importance of wetlands to the City, and they have done their best to maximize the site 16
design while maintaining the higher quality/DNR wetland to the east. He explained that 17
the site was delineated in 2020 with the City approving that delineation in October of 18
2021. He commented that many of the wetlands did not appear to be visible until more 19
recently with the largest wetland along Arrowhead Drive being farmed as recently as 20
2012 with little to no vegetation. He stated that the wetland areas have been disturbed 21
through the activities on the property and the majority of the wetlands are generally 22
much lower quality wetlands than the DNR to the east which they have focused on 23
protecting. He stated that they submitted through the WCA review and the TEP and 24
applicant agreed that the one building concept would not meet the needs and demand of 25
the applicant. He stated that there were a number of challenges with the two-building 26
scenario that conflict with the demand and need for the project by the applicant. He 27
stated that there is concern with the safety of Loram employees with the northern 28
access. He stated that Hennepin County would like to see the majority of the traffic 29
coming in from the existing Loram access on the southern part of the property which 30
creates a significant challenge for truck movement and creates safety challenges for 31
employees coming in and out of the western side of the building. He stated that the 32
parking plan also does not meet City ordinance. He stated that in January they 33
submitted an EAW with a three-building concept that showed 2.3 acres of wetland 34
impact for approximately 450,000 square feet between the buildings and that received a 35
negative declaration by the City. He stated that through that process they received 36
public comment and understood the importance of minimizing wetland impacts, therefore 37
they reduced the project size to 396,000 square feet between the buildings. He noted 38
that many different concepts were reviewed in order to arrive at the proposed concept. 39
He stated that this concept was presented to the City in April with 1.6 to 1.7 acres of 40
wetland impacts and has been reduced to 1.2 acres of impact. He stated that they have 41
made a number of changes including bump outs in the parking and wetland replacement 42
along Arrowhead. He stated that the applicant proposes to replace the impacted 43
wetlands at a ratio of 2:1 and would be creating a half-acre of wetland onsite as well. 44
45
Albers commented that it seems there is a lot more parking than the number of 46
employees that would be housed in these new buildings. 47
48
Wurdeman replied that they are proposing the minimum required parking. 49
50
Medina City Council Meeting Minutes
October 18, 2022
9
Finke replied that two of the buildings are speculative and therefore that would be a bit 1
difficult to predict. He noted that although there would be relatively low employee count, 2
there is a lot of square footage. He stated that they are meeting the minimum based on 3
the assumptions. He stated that the existing Loram facility is predominantly office and 4
admittedly is under parked. He noted that there would not be a lot of space for proof of 5
parking. 6
7
Reid asked if the applicant feels that they have explored all possible alternatives. 8
9
Wurdeman commented that based on the three buildings proposed and square footage 10
deemed necessary, he is confident that this is the most efficient proposal to fit on the 11
property, meet the needs of the applicant, and minimize wetland impacts. 12
13
Reid asked if there are any candidates for the wetland credits. 14
15
Wurdeman replied that they have begun to identify where those credits will come from 16
but have not yet solidified the location. 17
18
Martin referenced the comments related to the low quality of the wetlands on the site 19
and that they had previously been farmed. She stated that when reading through the 20
rules, that does not mean that those would fall under wetlands that would not be 21
protected and therefore they would still need to be protected under WCA. 22
23
Wurdeman commented that there is a difference of professional opinion between their 24
classification of the wetlands and the classification of the TEP but stated that they are 25
proceeding as if all of the wetlands have the same classification. 26
27
Martin referenced the statement as to what is feasible or needed for the project and was 28
not sure how that would be defined. She recognized that the applicant would like three 29
buildings but perhaps the project could still be feasible with a lesser square footage or 30
different configuration. She stated that she does see the need for the first building with 31
potentially a need for space in a second building in the future. She did not necessarily 32
see a need for the third building in the narrative and asked who decides what the need 33
of the project would be. 34
35
Anderson commented that it is a balancing act with the different things that the LGU has 36
to take into account. He commented that there is nothing that defines who gets to say 37
what the project is. He agreed with Martin that some of the improvements do not seem 38
to be necessary, at least at this time. He stated that the TEP has provided its 39
recommendation, although the LGU would have the authority to deviate. He commented 40
that there is some room for discretion on deciding whether these factors should dictate 41
whether this is approved or denied. 42
43
Martin stated that she found it helpful in the original presentation by staff to see what 44
other applications have received approval for. She noted that it would seem that this is a 45
very expansive or efficient use of the land. She commented that this seems much more 46
filled or crammed compared to the previous concept that was received for the Cates 47
project. 48
49
Wurdeman commented that the size footprint shown is consistent with the approved 50
EAW. He commented that they kept the elements that the Council liked from that 51
Medina City Council Meeting Minutes
October 18, 2022
10
concept and addressed many of the other comments received. He commented that this 1
is an efficient layout of the site which is consistent with the EAW. 2
3
Martin commented that the purpose of the EAW is to determine when an EIS would be 4
needed, and it is not a vote on what may be presented as a potential project. She stated 5
that they made clear at that time that the negative declaration did not provide approval of 6
the concept plan presented. She stated that she struggles with where they begin, 7
recognizing that the EAW presented a larger project which has been downsized but was 8
unsure that would be considered in the review of the TEP. 9
10
Anderson agreed that the scope of the EAW review is very narrow as it simply 11
determines if further environmental review would be needed. He stated that concerns 12
were expressed at that time about the level of activity proposed by the development and 13
with impacts to the wetlands. 14
15
Martin referenced the issue of whether the developer has attempted to minimize wetland 16
impacts and asked if the EAW could be considered as an attempt to reduce the scale 17
and impact. She noted that she never considered what was presented in the EAW as 18
the first plan, although she could see where the property owner could think that was. 19
20
Harwood stated that it is not uncommon for an EAW to look at the most intense or dense 21
development, as the purpose is to determine whether an EIS would be needed. She 22
reviewed the priority of WCA to avoid or minimize wetland impacts, therefore the first 23
step would be to determine what could be done to avoid and if that could not be done, it 24
should have been presented as to what could have been presented to minimize impacts. 25
She stated that is the step that is missing as the alternatives that have been provided by 26
the developer have only shown more impacts and not less. She stated that the two-27
building concept seems to be feasible to meet the needs of the project. She stated that 28
the process is meant to be fluid, with the TEP providing input and the applicant then 29
making adjustments. 30
31
Finke stated that to the technical question as to who defines the project, it would be the 32
LGU which in this case would be the Council. 33
34
Scott Moe, Scannell Properties, commented that there is an economic element as well 35
as there is an economy of scale to make the project work as well. He stated that this 36
does not exceed hardcover by Code and industrial projects tend to be more dense in 37
nature. He stated that the coverage of the previous Cates project is not much different, 38
although the layout was different. He stated that building one is designed to attract a 39
company that seeks a higher image with frontage to the public side, such as a civil 40
engineering firm that may have field equipment in the back. He provided other examples 41
such as a custom cabinet maker or a medical manufacturer. He noted that there could 42
be three to four tenants in that building. He noted that building would not be a 43
distribution center. He stated that building three would be designed to attract similar 44
users, bigger in size and more industrial in nature and provided examples. He 45
commented that it would not be a heavy truck type of facility. He stated that this design 46
has a nice drive by appeal as building one will appear as a two-story office building for 47
those driving by. He stated that building would also screen the truck courts from those 48
driving by, which would not be provided in the two-building concept. He stated that if 49
more parking were needed for building two, they would cut into the footprint for building 50
three but noted that would be unlikely. He stated that they made their best attempt to 51
Medina City Council Meeting Minutes
October 18, 2022
11
develop a project that would meet the functional and economical requirements of this 1
type of park while working towards the environmental sensitivities. He commented that 2
this will bring good companies and jobs to Medina in a project that has good drive by 3
appeal while improving the environmental condition of the area. He stated that the 4
wetland authorities have done a good job in completing their technical review, but their 5
review is limited in scope in that they consider a wetland to be a wetland. He explained 6
that these are farmed wetlands and have been dry in most conditions. He stated that 7
they would be replacing those at a ratio of 2:1 with real wetlands while also improving 8
and increasing the size of a wetland onsite. He stated that one of the Planning 9
Commission members stated that it is not the job of the governmental body to make the 10
determination on the wetlands but noted that is exactly what the Council has been 11
elected to do in using their common sense and judgement to determine what is best for 12
the community. 13
14
Cavanaugh commented that he thinks the beginning impact was 2.3 acres which has 15
been reduced to 1.2 acres. He commented that he likes the design with the building 16
facing the road as that makes sense and hides the back activity and truck traffic. He 17
commented that having that front building is important to him. He stated that in the two-18
building alternative, there would be a safety issue with heavy equipment. He stated that 19
there would be about 230 jobs which would be a huge thing for Medina. He noted that 20
those people will frequent businesses in the community. He referenced the large 21
wetland along Arrowhead noting that it would be difficult to do anything with the site 22
involving a building that would front the road without impacting that wetland. He 23
recognized that the additions to the wetland may not be up to Code, but the applicant is 24
still making that improvement to be a good steward. He noted that another impact would 25
be unavoidable in order to provide the safety lane to the building to the north. He stated 26
that the other wetlands are relatively small. He stated that he would love to see the 27
wetlands replaced onsite but recognized that is probably not possible and noted that he 28
would love to see it replaced in Medina. He stated that he likes the proposal and 29
believes that the applicant has made a lot of changes, therefore he would support the 30
request. 31
32
Finke stated that it is important to recognize that this is not necessarily the preferred 33
building alternative as it could be possible to have a three-building design with less 34
square footage. 35
36
Cavanaugh commented that this is an industrial area, and he likes the layout as 37
presented. 38
39
Albers commented that he agrees that the wetlands in the middle of the plowed fields 40
are not a concern of his. He commented on other wetlands mentioned that seasonally 41
dry up and most likely do not house high quality vegetation. 42
43
Harwood agreed that in some years those areas have been hayed or cropped or 44
avoided in wetter years. She agreed that there is not a diverse plant community, but it 45
does provide some habitat for the species that would use it such as waterfowl that use 46
the seasonally flooded basins along with water quality. 47
48
Albers agreed that there is benefit to water quality in the filtration provided but noted that 49
those wetlands have been disturbed so much, that if they would be replaced, he would 50
support the three-building concept. He believed that this would be a good design for the 51
Medina City Council Meeting Minutes
October 18, 2022
12
site. He asked for details on snow removal and snow storage as that could push salt 1
into the wetlands. He stated that he is okay with the plan as presented as well as the 2
impacts proposed. 3
4
Reid commented that there are candidates for the wetland credits, therefore that is a 5
minor concern that could easily be solved. She believed that the applicant has explored 6
alternatives and only minor issues remain. 7
8
Martin recognized the consensus of the Council that the impacts have been adequately 9
addressed. She noted that the decision would need to be correlated with why the 10
Council found that sufficient efforts have been taken to avoid and minimize wetland 11
impacts. She stated that she also likes the three-building layout. 12
13
Cavanaugh stated that if there is a two-building layout it would not lend towards access 14
to the northerly site. 15
16
Martin agreed that if you are looking at this as a building campus, the northerly wetland 17
would need to be impacted in order to utilize that area which is between buildings one 18
and two on the plan. 19
20
Cavanaugh referenced the large wetland along Arrowhead and stated that from a City 21
perspective it is important to have a building aligned with the road. He stated that if that 22
is pushed back it would create many other issues for the site and therefore that impact 23
becomes unavoidable. He believes that the applicant has minimized that to the extent 24
possible. He stated that the smaller wetlands do not add much to the water quality of 25
the general area as they have been farmed and what would be provided through the 2:1 26
replacement would be of much higher quality. He stated that the applicant has done a 27
good job in maintaining the higher quality wetland which provides water quality benefit. 28
29
Albers commented that the replacement wetland would be of higher quality than what 30
exists on the site today, with perhaps the exception of wetland five. He noted that the 31
wetlands are farmed and may have hydric soils that may show a wetland, but the 32
replacement would be of higher quality and function, therefore he believes that this 33
makes sense to move forward with the proposal for three buildings. 34
35
Reid commented that some of the existing wetlands are very low quality, and the land 36
bank purchases would be of higher quality and therefore did not see a problem. She 37
stated that she also believes that the applicant made effort to deal with the wetland 38
issues and is comfortable moving forward. 39
40
Moved by Cavanaugh, seconded by Albers, to direct staff to prepare a Notice of 41
Decision approving the proposed Wetland Replacement Plan based upon the findings 42
noted by the Council and to present the Notice for Council action after the applicant has 43
submitted necessary information related to wetland credit purchase. Motion passed 44
unanimously. 45
46
C. G & S & K Family LLC – Easement Vacation – Public Hearing (9:23 p.m.) 47
Johnson commented that the applicant is the fee owner of 1400 and 1420 Tamarack 48
Drive and has requested a lot line rearrangement between two properties. He stated 49
that the lot line rearrangement has not yet been prepared for review but was noticed for 50
Medina City Council Meeting Minutes
October 18, 2022
13
this meeting, therefore staff recommends that the public hearing be opened and 1
continued to the next meeting. 2
3
Martin opened the public hearing. 4
5
No comments. 6
7
Moved by Martin, seconded by Albers, to continue the public hearing on the proposed 8
easement vacation at 1400 and 1420 Tamarack Drive to November 1, 2022. Motion 9
passed unanimously. 10
11
VIII. OLD BUSINESS 12
A. Adopt Ordinance 695 Establishing Hamel Townhomes Storm Sewer 13
Improvement Tax District (9:25 p.m.) 14
Johnson noted that these two items were on the Consent Agenda but there were not the 15
required number of Councilmembers present to take action. 16
17
Moved by Martin, seconded by Albers, to adopt Ordinance Establishing Hamel 18
Townhomes Storm Sewer Improvement Tax District. Motion passed unanimously. 19
20
B. Adopt Resolution 2022-85 Authorizing Publication of Hamel Townhome 21
Storm Sewer Improvement Tax District by Title and Summary 22
Moved by Martin, seconded by Albers, to adopt Resolution Authorizing Publication of 23
Hamel Townhome Storm Sewer Improvement Tax District by Title and Summary. 24
Motion passed unanimously. 25
26
IX. CITY ADMINISTRATOR REPORT (9:26 p.m.) 27
Johnson had nothing further to report. 28
29
X. MAYOR & CITY COUNCIL REPORTS (9:27 p.m.) 30
No comments. 31
32
XI. APPROVAL TO PAY THE BILLS (9:27 p.m.) 33
Moved by Cavanaugh, seconded by Albers, to approve the bills, EFT 006558E-006575E 34
for $65,985.16, order check numbers 053491-53552 for $475,149.52, and payroll EFT 35
0512212-0512245 for $57,610.94. Motion passed unanimously. 36
37
Johnson stated that staff is recommending changing the order of the closed session 38
items. 39
40
XII. Closed Session: Attorney-Client Privileged Discussion Pursuant to Minn. 41
Stat. 13D.05, Subd. 3(b) to Discussion Threatened Litigation by Chris and 42
Michelle Sealy 43
Moved by Martin, seconded by Albers, to adjourn the meeting to closed session at 9:29 44
p.m. for attorney-client privileged discussion on threatened litigation by Chris and 45
Michelle Sealy. Motion passed unanimously. 46
47
The meeting returned to open session at 9:59 p.m. 48
49
Medina City Council Meeting Minutes
October 18, 2022
14
XIII. CLOSED SESSION: ATTORNEY-CLIENT PRIVILEGED DISCUSSION ON 1
LITIGATION RELATED TO ZONING VIOLATION AT 2402 STATE HIGHWAY 55 2
PURSUANT TO MINN. STAT. 13D.05, SUBD. 3(b) 3
Moved by Martin, seconded by Albers, to adjourn the meeting to closed session at 10:00 4
p.m. for attorney-client privileged discussion on litigation related to zoning violation at 5
2404 State Highway 55 pursuant to Minn. Stat. 13D.05, Subd. 3(b). Motion passed 6
unanimously. 7
8
The meeting returned to open session at 10:19 p.m. 9
10
XIV. POTENTIAL ADOPTION TO APPROVE SETTLEMENT AGREEMENT FOR 11
LITIGATION RELATED TO 2402 TH 55 12
Moved by Martin, seconded by Reid, to adopt Resolution 2022-86 approving settlement 13
agreement and mutual release. Motion passed unanimously. 14
15
XV. ADJOURN 16
Moved by Albers, seconded by Reid, to adjourn the meeting at 10:20 p.m. Motion 17
passed unanimously. 18
19
__________________________________ 20
Kathy Martin, Mayor 21
Attest: 22
23
____________________________________ 24
Scott Johnson, City Administrator 25
MEMORANDUM
TO: Medina City Council
FROM: Caitlyn Walker, City Clerk/Assistant to the City
Administrator
DATE OF REPORT: October 27, 2022
DATE OF MEETING: November 1, 2022
SUBJECT: Community Service Officer Hiring – Tanner Wiese
General Background
At the June 7, 2022, regular meeting, the City Council authorized staff to begin the
recruitment process to fill two vacant part-time Community Service Officer positions.
On September 22, 2022, we interviewed three candidates for the positions. The top two
candidates were given a background packet. Investigator Scharf has conducted a pre-
employment background investigation on Tanner Wiese and found him to be suitable
candidate for a Community Service Officer position.
Appointee Background
Wiese is currently enrolled at St. Cloud State University with the goal of obtaining a
four-year degree in Criminal Justice. Wiese has completed a 400-hour internship with the
Brooklyn Park Police Department.
Recommendation
We recommend City Council approve the hiring of Tanner to the position of part-time
(non-benefited) Community Service Officer, effective November 16, 2022, with a
beginning hourly wage (non-exempt) of $20/hour and a probationary period of 6 months
per the Medina Personnel Policy.
Agenda Item #5A
MEMORANDUM
TO: Medina City Council
FROM: Caitlyn Walker, City Clerk/Assistant to the City
Administrator
DATE OF REPORT: October 27, 2022
DATE OF MEETING: November 1, 2022
SUBJECT: Community Service Officer Hiring – Jacob Milinkovich
General Background
At the June 7, 2022, regular meeting, the City Council authorized staff to begin the
recruitment process to fill two vacant part-time Community Service Officer positions.
On September 22, 2022, we interviewed three candidates for the open positions. The top
two candidates were given a background packet. Investigator Scharf has conducted a pre-
employment background investigation on Jacob Milinkovich and found him to be
suitable candidate for a Community Service Officer position.
Appointee Background
Milinkovich graduated from Bethany Lutheran College with a Bachelor of Arts degree in
Legal Studies. Milinkovich is currently enrolled in law enforcement skills training at
Hennepin Technical College. Milinkovich has experience as a park ranger with the
Dakota County Sheriff’s Department.
Recommendation
We recommend City Council approve the hiring of Jacob Milinkovich to the position of
part-time (non-benefited) Community Service Officer, effective November 8, 2022, with
a beginning hourly wage (non-exempt) of $20/hour and a probationary period of 6
months per the Medina Personnel Policy.
Agenda Item #5B
LIABILITY COVERAGE – WAIVER FORM
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust
(LMCIT) must complete and return this form to LMCIT before the member’s effective date of
coverage. Return completed form to your underwriter or email to pstech@lmc.org.
The decision to waive or not waive the statutory tort limits must be made annually by the
member’s governing body, in consultation with its attorney if necessary.
Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort
liability limits to the extent of the coverage purchased. The decision has the following effects:
•If the member does not waive the statutory tort limits, an individual claimant could recover no more
than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could
recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000.
These statutory tort limits would apply regardless of whether the member purchases the optional
LMCIT excess liability coverage.
•If the member waives the statutory tort limits and does not purchase excess liability coverage, a single
claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap
liability limits are only waived to the extent of the member’s liability coverage limits, and the LMCIT
per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to
which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of
claimants.
•If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant
could potentially recover an amount up to the limit of the coverage purchased. The total all claimants
could recover for a single occurrence to which the statutory tort limits apply would also be limited to
the amount of coverage purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
Agenda Item #5C
2
LMCIT Member Name:
__________________________________________________________________________
Check one:
o The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn.
Stat. § 466.04.
o The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. §
466.04, to the extent of the limits of the liability coverage obtained from LMCIT.
Date of member’s governing body meeting: _____________________________________________
Signature: Position: ________________________________
Agenda Item #5D
Agenda Item #5E
Building Permit Page 1 of 2 November 1, 2022
Software Selection City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Planning Assistant Brenda Ruth and Planning Director Dusty Finke
DATE: October 27, 2022
MEETING: November 1, 2022 City Council
SUBJ: Building Permit Software – Open Gov
Summary
Over the past six months, the Planning Department has been actively looking for a new permit
software that will provide improved service for applicants by utilizing an online application,
review, and approval process. Software will also improve staff operations and efficiency.
Implementation of an updated building permit software was identified as a 2022 goal by staff
and the City Council.
Several options were researched, and staff scheduled and attended demonstrations for six
programs. A summary of the options reviewed, including costs and pros/cons is attached for
reference. Staff recommends that the City partner with OpenGov, Inc.
During demonstrations, OpenGov was the much-preferred program. The customer experience is
more intuitive and provides a cleaner interface. The communication tracking within each project
review is streamlined. Any staff member can look at a project and understand where in the
process it is and what communication was exchanged with the applicant. Workflow creation and
editing is intuitive using a drag and drop interface making it easy for staff to make on the fly
changes, as needed.
Staff concluded that OpenGov would be the best solution for moving the Planning Department
forward with a fully electronic process. The features, expertise, and support of this vendor give
staff the confidence that this transition can be successfully completed in a phased approach over
the course of several months.
Staff’s primary hesitation with OpenGov was that its price structure was significantly higher than
some of the other options. Staff took part in several follow-up demonstrations and negotiated
with OpenGov and SmartGov, which staff believed may be the second option in terms of
functionality. Both vendors agreed to adjustments to their cost structures, and the cost for
OpenGov was significantly reduced.
Staff recommends that the City partner with OpenGov. Staff believes that the experience for
permit applicants will be significantly improved in terms of application and payment processes.
Staff also believes that staff and consultant workflow, communication, collaboration, and
organization will be significantly improved.
Vadnais Heights, Burnsville, and North St. Paul are local customers of OpenGov and indicated
that they saw significant process improvements and have been satisfied.
MEMORANDUM
Agenda Item #5F
Building Permit Page 2 of 2 November 1, 2022
Software Selection City Council Meeting
The cost shown in the attached table compares the annual fees only. All programs have
additional up-front costs for business process analysis, best practice suggestions, configurations,
and training. These fees for OpenGov are $35,705.00.
The total fees for OpenGov over the course of the 60-month contract would be $134,377.54:
Billing Date Amount Due
November 1, 2022 $50,705.00
November 1, 2023 $20,000.00
November 1, 2024 $20,600.00
November 1, 2025 $21,218.00
November 1, 2026 $21,854.54
The 2022 budget includes $9,600 for software and the 2023 budget includes $15,000. Staff
projects that there will be a surplus of building permit revenue in 2022 in excess of the additional
$36,000 in set-up/implementation costs. As such, the up-front costs for 2022 and the annual
software contract can be fully funded from building permit revenue, having no impact on the tax
levy.
Potential Actions
Staff recommends the following actions:
Move to approve and authorize execution of the OpenGov Software Services Agreement.
Attachments
1. Summary of Programs
2. Invoice
3. Software agreement
Building Permit Workflow Program
Summary
Software Positives Negatives
Annual
Cost
OpenGov
Very flexible
Tracks all communication related to the process
Staff can edit workflows in house
Public self-service portal
Only payment processor that they work with in Stripe
Need separate plan review software $20,000
SmartGov
Staff can edit workflows in house
Provides public portal
Can integrate with PSN (current payment
processor)
Does not track all communication - manual process to
record correspondence
$14,000
GovPilot
Online customer portal
Integrates with PSN payment processor
All edits done by GovPilot; more limited customization
No electronic plan review integration $20,000
MyGov
Provides separate module for electronic plan
review
Public portal
Each module separate charge
$7,188
Cloud Permit
Online application - not true public portal
Staff can make edits in house
QR code can be added to permits
Form-based – no customer/applicant interface
Separate electronic plan review
$10,000
IMS
Highly customizable
Good interface for back office
System designed to be integrated with all City processes –
efficient implementation would require other systems to
be changed
Would not
respond;
Significantly
above others
OPENGOV
Quote Number:
Created On:
Order Form Expiration:
Subscription Start Dale:
Subscription End Date:
OG-00004908
10/26/2022
10/31/2022
11/1/2022
10/31/2027
OpenGov Inc.
PO Box 41340
San Jose, CA 95160
United States
Cttatamer Information
Customer:
Bib To/Ship To:
City of Medina. MN
2052 County Road 24
Medina, MN
United States
Prepared By:
Email:
Contract Term:
Contact Name:
Email:
Alex Maritncz
amartinez@opengov.com
60 Months
Dusty Finke
dusty.finke@medinamn.gov
Order Details
Billing Frequency: Upfront
Payment Terms: Net Thirty (30) Days
SOFTWARE SERVICES:
Product / Service
Citizen Services - 1 Service Area
Dashboards. eSignatures, Transparency, Story Builder. Reporting &
Analytics, Public Portal, Inspections. Multi -Approval Workflows - 1
Service Area. Open Town Hall. Payment Collection, MAT I Assessor
System & Flags. Accounting & Finance Export. Bluebeam Integration,
Contractor License Verification. GIS & Flag Integration
Citizen Services - I Service Area
Dashboards. eSignatures, Transparency, Story Builder. Reporting &
Analytics. Public Portal, Inspections. Multi -Approval Workflows - 1
Service Area. Open Town Hall. Payment Collection, MAT I Assessor
System & Flags. Accounting & Finance Export. Bluebeam Integration,
Contractor License Verification, GIS & Flag Integration
Citizen Services - I Service Area
Dashboards, eSignatures, Transparency, Story Builder. Reporting &
Analytics, Public Portal, Inspections, Multi -Approval Workflows - 1
Service Area, Open Town Hall, Payment Collection, MAT I Assessor
System & Flags, Accounting & Finance Export, Bluebeam Integration,
Contractor License Verification, GIS & Flag Integration
Citizen Services - I Service Area
Dashboards, eSignatures, Transparency, Story Builder, Reporting &
Analytics, Public Portal, Inspections, Multi -Approval Workflows - 1
Service Area. Open Town Hall, Payment Collection, MAT I Assessor
System & Flags, Accounting & Finance Export, Bluebeam Integration,
Contractor License Verification, GIS & Flag Integration
Citizen Services - I Service Area
Dashboards, eSignatures, Transparency, Story Builder. Reporting &
Analytics. Public Portal. Inspections. Multi -Approval Workflows - 1
Service Area, Open Town Hall. Payment Collection. MAT I Assessor
System & Flags, Accounting & Finance Export. Bluebeam Integration,
Contractor License Verification. GIS & Floe lnteeration
PROFESSIONAL SERVICES:
Product / Service
OpenGov Deployment — One Time Fee (Prepaid Hours)
Biing Table:
Billing Date Amount Due
November 1. 2022
November 1.2023
November 1.2024
November 1.2025
November I.2026
550.705.00
520000.00
520.600.00
521218.00
521.85454
Start Due End Date
11/1/2022 10/31/2023
11/1/2023 10/31/2024
11/1/2024 10/31/2025
11/1/2025 10/31/2026
11/1/2026 10/31/2027
Sort Due
11/1/2022
IAnnualSoftaore Fee + Professional Services)
Annual Subscription Fcc
S15,000.00
520,000.00
S20,600.00
521,218.00
521,854.54
Annual Software Total: See Billing Table
Professional Services Total: $35,705.00
Welcome to OpenGov! Thanks for using our Software Services. This Order Form is entered into between OpenGov, Inc., with its principal place of business at PO Box 41340, San Jose, CA 95160 ("OpenGov'), and you, the
entity identified above ("Customer"), as of the Effective Date. This Order Fonn includes and incorporates the OpenGov Software Services Agreement ("SSA") executed by the parties and attached, and the applicable Statement of
Work ("SOW') incorporated herein in the event Professional Services are purchased. The Order Form. SSA and SOW shall hereafter be referred to as the "Agreement". Unless otherwise specified above. fees for the Software
Services and Professional Services shall be due and payable, in advance, on the Effective Date. Each party's acceptance is conditional upon the other's acceptance of the terms m the Agreement to the exclusion of all other terms.
City of Medina, MN
Signature:
Name:
Title:
Date:
OpenGov, Inc.
Signature:
Name:
Title:
Date:
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428
DOCSOPEN-ME230-1B-828909.v2-10/7/22
OPENGOV SOFTWARE SERVICES AGREEMENT
This Software Services Agreement (this “Agreement”) is entered into by OpenGov, Inc., a Delaware
corporation with a principal place of business at 6525 Crown Blvd #41340, San Jose, CA 95160
(“OpenGov”) and the customer listed on the signature block below (“Customer”), as of the date of last
signature below (the “Effective Date”). This Agreement sets forth the terms under which Customer will
be permitted to use OpenGov’s hosted software services.
1. DEFINITIONS
“Customer Data” means data that is provided by Customer to OpenGov pursuant to this
Agreement (for example, by email or through Customer’s software systems of record). Customer Data
shall not include any confidential personally identifiable information.
“Documentation” means the documentation for the Software Services at the Customer Resource
Center page found at https://opengov.zendesk.com.
“Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials
regarding the Software Services provided by Customer to OpenGov, including feedback provided through
online developer community forums.
“Initial Term” means the initial license term specified in number of years on the Order Form,
commencing on the Effective Date.
“Intellectual Property Rights” means all intellectual property rights including all past, present, and
future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and
moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and
any other proprietary rights in intellectual property of every kind and nature.
“Order Form” means OpenGov’s Software Services order form that: (a) specifies the Software
Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized
representatives of both parties. If any terms of this Agreement conflict with the Order Form, the terms of this
Agreement shall control.
“Renewal Term” means each additional renewal period, which shall be for a period of equal
duration as the Initial Term, for which this Agreement is extended pursuant to Section 7.2.
2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES
2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use
commercially reasonable efforts to perform the software services identified in the applicable Order Form
entered into by OpenGov and Customer (“Software Services”).
2.2 Support & Service Levels. Customer support is available by email to support@opengov.com or
by using the chat messaging functionality of the Software Services, both of which are available during
OpenGov’s standard business hours. Customer may report issues any time. However, OpenGov will
address issues during business hours. OpenGov will provide support for the Software Services in
accordance with the Support and Software Service Levels found at https://opengov.com/service-sla, as
long as Customer is entitled to receive support under the applicable Order Form and this Agreement.
2.3 Professional Services.
(a) If OpenGov or its authorized independent contractors provides professional services to
Customer, such as implementation services, then these professional services will be described in a
statement of work (“SOW”) agreed to by the parties (the “Professional Services”). Unless otherwise
OPENGOV SOFTWARE SERVICES AGREEMENT
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specified in the SOW, any pre-paid Professional Services Fees must be utilized within one (1) year from
the Effective Date. Any unused pre-paid Professional Services Fees shall be forfeited.
(b) Unless the SOW provides otherwise, all reasonable travel expenses, pre-approved by
Customer and incurred by OpenGov in performing the professional services will be reimbursed by
Customer. Travel expenses include cost of coach airfare travel round trip from the individual’s location
to Customer's location, reasonable hotel accommodations, ground transportation and meals.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose
other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable
any third party to: (a) use or access any of the Software Services to build a competitive product or service;
(b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the
Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell,
license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially
exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the
Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the
Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable
information to OpenGov or the Software Services platform.
3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and
third party software systems of record (such as Customer’s ERP systems) needed to connect to, access
or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such
equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user
accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than
OpenGov.
4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA
4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all
Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including
any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy,
imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to Customer’s
obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty-free
license during the Term to use the Software Services.
4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all
Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty-free
license to, and permit its partners (which include, without limitation the hosting providers of the Software
Services) to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of
sales, marketing, business development, product enhancement, customer service, or for analyzing such
data and publicly disclosing such analysis (“Insights”), provided that in all such uses Customer Data is
rendered anonymous such that Customer is no longer identifiable.
4.3 Access to Customer Data. Customer may download the Customer Data from the Software
Services at any time during the Term, other than during routine software maintenance periods. OpenGov
has no obligation to return Customer Data to Customer.
4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty-free, irrevocable,
perpetual, worldwide license to use and incorporate into the Software Services and Documentation
Customer’s Feedback. OpenGov will exclusively own any improvements or modifications to the Software
Services and Documentation based on or derived from any of Customer’s Feedback including all
Intellectual Property Rights in and to the improvements and modifications.
5. CONFIDENTIALITY
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428
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5.1 Each party (the “Receiving Party”) agrees not to disclose any Confidential Information of the
other party (the “Disclosing Party”) without the Disclosing Party’s prior written consent, except as
provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information
only in connection with this Agreement; and (b) to protect such Confidential Information using the
measures that Receiving Party employs with respect to its own Confidential Information of a similar nature,
but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may
disclose Confidential Information to the extent required by law or court order, provided that prior written
notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the
Disclosing Party.
5.2 “Confidential Information" means all confidential business, technical, and financial information
of the disclosing party that is marked as “Confidential” or an equivalent designation or that should
reasonably be understood to be confidential given the nature of the information and/or the circumstances
surrounding the disclosure (including the terms of the applicable Software Agreement). OpenGov’s
Confidential Information includes, without limitation, the software underlying the Software Services and all
Documentation.
5.3 Notwithstanding the foregoing, “Confidential Information” does not include: (a) “Public Data,”
which is data that the Customer has previously released to the public, would be required to release to the
public, upon request, according to applicable federal, state, or local public records laws, or Customer
requests OpenGov make available to the public in conjunction with the Software Services. Confidential
Information does not include (b) information that has become publicly known through no breach by the
receiving party; (c) information that was rightfully received by the Receiving Party from a third party without
restriction on use or disclosure; or (d) information independently developed by the Receiving Party without
access to the Disclosing Party’s Confidential Information.
6. PAYMENT OF FEES
6.1 Fees; Invoicing; Payment; Expenses.
(a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term
(“Software Services Fees”) and the fees for Professional Services (“Professional Services Fees”) are
set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall
hereafter be referred to as “Fees”. Except to the extent otherwise expressly stated in this Agreement or
in an Order Form, (i) all obligations to pay Fees are non-cancelable and all payments are non-refundable,
(ii) Customer must pay all Fees due under all Order Forms and SOW within thirty (30) days after Customer
receives each invoice (invoices are deemed received when OpenGov emails them to Customer’s
designated billing contact); (iii) the Software Service Fee shall be due annually in advance, and (iv)
Customer must make all payments without setoffs, withholdings or deductions of any kind.
(b) Annual Software Maintenance Price Adjustment. OpenGov shall increase the Fees
payable for the Software Services during any Renewal Term by 5% each year of the Renewal Term.
(c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing
Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms
listed on the Order Form.
(d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer
for travel expenses, pre-approved by the Customer, incurred in connection with each SOW as they are
incurred. Customer shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each
invoice shall include receipts for the travel expenses listed on the invoice.
(e) Customer Delays; On Hold Fee.
I. On Hold Notice. Excluding delays caused by Force Majeure as described in
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428
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Section 10.5, Customer’s personnel or contractors are not completing Customer’s responsibilities
according to the agreed-upon schedule and as described in the applicable SOW, OpenGov shall
promptly, but in no event more than thirty (30) days from the date of such failure to act, deliver to
Customer a notice (an “On Hold Notice”) that, unless such deficiencies are cured within thirty
(30 days, (A) designates the Professional Services to be provided to the Customer as “On Hold”,
(B) detail Customer’s obligations and responsibilities necessary for OpenGov to continue
performing the Professional Services, and (C) specify the Customer shall be invoiced for lost
time in production (e.g. delayed or lost revenue resulting from rescheduling work on other projects,
delay in receiving milestone payments from Customer, equipment, hosting providers and human
resources idle) for a fee equal to 10% of the first year Software Service Fee (the “On Hold Fee”).
II. Effects of On Hold Notice. Upon issuing an On Hold Notice, OpenGov shall be
entitled, unless Customer cures within thirty (30) days, without penalty, to (A) reallocate resources
otherwise reserved for the performance of the Professional Services, and (B) stop or caused to
be stopped the Professional Services to be provided to the Customer until the Customer has
fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the “On Hold”
status, only upon Customer’s fulfillment of its obligations set out in the On Hold Notice, including
payment of the On Hold Fee. Upon Customer’s fulfillment of its obligations in the On Hold Notice,
OpenGov may, in its sole discretion, extend the timeline to complete certain Professional Services
up to six (6) weeks, depending on the availability of qualified team resources (OpenGov cannot
guarantee that these team resources will be the same as those who were working on the project
prior to it being placed On Hold). OpenGov shall bear no liability or otherwise be responsible for
delays in the provision of the Professional Services occasioned by Customer’s failure to complete
Customer’s responsibilities or adhere to a Customer schedule which were brought to the attention
of the Customer on a timely basis, unless such delays result, directly or indirectly from the failure
of OpenGov or its authorized independent contractors to perform the Professional Services in
accordance with this Agreement or applicable SOW.
6.2 Consequences of Non-Payment. If Customer fails to make any payments required under any
Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or
applicable law, (a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month,
or the maximum rate permitted by law, whichever is lower and (b) If Customer’s account remains
delinquent (with respect to payment of a valid invoice) for thirty (30) days after receipt of a delinquency
notice from OpenGov, which may be provided via email to Customer’s designated billing contact,
OpenGov may temporarily suspend Customer’s access to the Software Service for up to ninety (90) days
to pursue good faith negotiations before pursuing termination in accordance with Section 7. OpenGov
agrees to use commercially reasonable efforts to communicate directly with Customer and notify
Customer prior to any such temporary suspension taking effect, including, but not necessarily limited to,
emails and telephone calls to Customer’s billing contact to ensure that Customer is aware of the
delinquency and the potential Service suspension. Customer will continue to incur and owe all applicable
Fees irrespective of any such Service suspension based on such Customer delinquency.
6.3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or
other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes, not including
taxes based solely on OpenGov’s net income. If any Sales Taxes related to the Fees under this
Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be
paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related
penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with
such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt
from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper
exemption certificates or other documentation acceptable to OpenGov.
7. TERM & TERMINATION
7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall
commence on the Effective Date and shall continue until the Subscription End Date specified on the Order
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428
DOCSOPEN-ME230-1B-828909.v2-10/7/22
Form (the “Initial Term”) unless sooner terminated pursuant to Section 7.3 below.
7.2 Renewal. This Agreement shall automatically renew for another period of the same duration as
the Initial Term (the “Renewal Term” and together with the Initial Term, the “Term”), unless either party
notifies the other party of its intent not to renew this Agreement in writing no less than 120 days before
the end of the Initial Term.
7.3 Termination. Neither party shall have the right to terminate this Agreement without a legally valid
cause. If either party materially breaches any term of this Agreement and fails to cure such breach within
thirty (30) days after notice by the non-breaching party (ten (10) days in the case of non-payment), the
non-breaching party may terminate this Agreement, which shall take effect 120 days following notification
provided that Customer is fully paid up for use of the Software Services.
7.4 Effect of Termination.
(a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement
pursuant to Section 7.1: (a) Customer shall pay in full for all Software Services and Professional Services
performed up to and including the effective date of termination or expiration, (b) all Software Services
provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other
party or, at the other party’s option, destroy all Confidential Information of the other party in its possession.
(b) Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4(b),
upon the expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be
deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request,
Customer may request deletion of Customer Data, excluding any Insights, prior to the date of termination
or expiration of this Agreement. Such request must be addressed to “OpenGov Vice President, Customer
Success” at OpenGov’s address for notice described at Section 10.
7.5 Survival. The following sections of this Agreement shall survive termination: Section 5
(Confidentiality), Section 6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3
(Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous).
8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER
8.1 By OpenGov.
(a) General Warranty. OpenGov represents and warrants that: (i) it has all right and authority
necessary to enter into and perform this Agreement; and (ii) the Professional Services, if any, will be
performed in a professional and workmanlike manner in accordance with the related statement of work
and generally prevailing industry standards. For any breach of the Professional Services warranty,
Customer’s initial remedy will be the re-performance of the applicable services. If OpenGov is unable
to re-perform all such work as warranted, Customer will be entitled to recover all fees paid by Customer
to a third party to perform the work. Customer must make any claim under the foregoing warranty to
OpenGov in writing within ninety (90) days of performance of such work in order to receive such warranty
remedies.
(b) Software Services Warranty. OpenGov further represents and warrants that for a period
of ninety (90) days from the date the Professional Services under the initial SOW are completed, the
Software Services will perform in all material respects in accordance with the Documentation. The
foregoing warranty does not apply to any Software Services that have been used in a manner other than
as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that
the Software Services will be uninterrupted or error-free. Any claim submitted under this Section 8.1(b)
must be submitted in writing to OpenGov during the Term. OpenGov’s entire liability for any breach of the
foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion
of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license
for such Software Services and refund the portion of the Fee for such Software Services, which shall be
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428
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pro-rated to cover the time such service was unavailable.
8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary
to enter into and perform this Agreement; and (ii) OpenGov’s use of the Customer Data pursuant to this
Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.
8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN
THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE
WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF
USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND
SUCH PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2 By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY
FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED
TWO TIMES THE FEES PAID BY CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER,
PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR
TO THE ACT THAT GAVE RISE TO THE LIABILITY.
9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above
do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s
intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or
willful misconduct by either party and (c) either party’s unauthorized use, distribution, or disclosure of the
other party’s intellectual property.
9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to
be limited to the extent set forth above, some of the above limitations may not apply to Customer.
10. MISCELLANEOUS
10.1 Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names
for marketing and promotional purposes in connection with OpenGov’s website and marketing materials,
subject to Customer’s trademark usage guidelines provided to OpenGov.
10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat
or telephone communications. However, for notices, including legal notices, required by the Agreement
(in Sections where the word “notice” appears) the parties must communicate more formally in a writing
given by personal delivery, by pre-paid first-class mail or by overnight courier to the address specified in
the most recent Order Form (or such other address as may be specified in writing in accordance with this
Section).
10.3 Anti-corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper
payment, gift, or thing of value to any Customer personnel in connection with the Agreement, other than
OPENGOV SOFTWARE SERVICES AGREEMENT
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reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov
become aware of any violation of the above restriction then OpenGov shall promptly notify Customer.
10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or
the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the
aggrieved party for which damages may not adequately compensate the aggrieved party. The parties
agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled
to seek equitable injunctive relief without being required to post a bond or other surety.
10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any
delay or failure in performance of any part of this Agreement, other than payment obligations, due to any
act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any
third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of
the party delayed or prevented from performing.
10.6 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise
promptly any right under this Agreement will not create a continuing waiver or any expectation of non-
enforcement. There are no third-party beneficiaries to this Agreement.
10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise
transfer this Agreement or any of its rights or obligations to a third party without the other party's prior
written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party
may assign, without such consent but upon written notice, its rights and obligations under this Agreement
to: (i) its corporate affiliate; or (ii) any entity that acquires all or substantially all of its capital stock or its
assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other
attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each party’s
permitted assigns and successors.
10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a
result of this Agreement and neither party has any authority of any kind to bind the other party in any
respect.
10.9 Data Practices. Pursuant to Minnesota law, all data collected, created, received, maintained, or
disseminated by Customer, regardless of physical form, storage media, or conditions of use, are subject
to Minnesota Statutes, Chapter 13, the Minnesota Government Data Practices Act (the “MGDPA”).
Customer will not be deemed in breach of any term or condition of this Agreement for adhering to any
statutory requirements, whether applicable under the MGDPA or any other law that Customer is subject
to. Additionally, OpenGov shall immediately notify Customer if it receives a request for data related to the
Agreement and shall work with Customer to respond to the request in accordance with the MGDPA.
10.10 Audit Disclosure. OpenGov must allow the Customer, or its duly authorized agents, and the state
auditor or legislative auditor in Minnesota reasonable access to OpenGov’s books, records, documents,
and accounting procedures and practices that are pertinent to services provided under this Agreement for
a minimum of six years from the termination of this Agreement.
10.11 Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the
prevailing party will be entitled to recover costs and attorneys’ fees.
10.12 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of
Minnesota without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any
dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal
or State court with competent jurisdiction located in Hennepin County, Minnesota, and the parties hereby
submit to the personal jurisdiction and venue therein.
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428
DOCSOPEN-ME230-1B-828909.v2-10/7/22
10.13 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and oral agreements,
communications, and other understandings relating to the subject matter of this Agreement. No
modification of this Agreement will be binding, unless in writing and signed by an authorized
representative of each party.
[SIGNATURE PAGE TO FOLLOW]
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428
DOCSOPEN-ME230-1B-828909.v2-10/7/22
Customer: City of Medina, MN OPENGOV, INC.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
[SIGNATURE PAGE TO OPENGOV SOFTWARE SERVICES AGREEMENT]
Signatures
Statement of Work
City of Medina, MN
Created by: Mark Welch
Creation Date: 10/25/2022
Document Number: DD-02751
Version Number: 2
1. Overview 2
1.1. Preamble 2
2. Methodology 3
Project Initiation 3
Best Practice Review 4
Configuration 4
Validation 4
Deploy 5
Project Completion 5
3. Project Schedule 5
4. Roles and Responsibilities 5
4.1. Roles and Responsibilities Matrix 5
5. Governance 7
5.1. Regular Communication Components 8
5.2. Commitment to Project Direction and Goals 9
6. Escalation Process 9
6.1. Process 10
6.2. Escalation Requirements 10
6.3. Documentation 10
7. General Project Commitments 10
8. Project Scope 11
8.1. OpenGov Reporting & Transparency Platform 11
8.1.1. OpenGov Reporting & Transparency Platform Project Deliverables 11
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8.1.2. Project Tasks 12
8.1.2.1. Initiate 12
8.2. OpenGov Citizen Ser vices Suite (CIT Suite)12
8.2.1. CIT Suite Project Deliverables 12
8.2.2. Project Tasks 13
8.2.2.1. Initiate 13
8.2.2.2. Best Practice 13
8.2.2.3. Configuration 14
8.2.2.4. Validation 17
8.2.2.5. Deploy 18
9. Acceptance 18
9.1. Acceptance Process 18
9.2. Acceptance Requirements 19
10. Change Management 19
11. Travel 20
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1.Overview
1.1.Preamble
This Statement of Work (“SOW”)identifies services that OpenGov,Inc.(“OpenGov”or “we”)will
perform for City of Medina,MN(“Customer”or “you”)pursuant to that order for Professional Services
entered into between OpenGov and the Customer (“Order Form”)which references the Software
Ser vices Agreement or other applicable agreement entered into by the parties (the “Agreement”).
●Customer acknowledges and agrees that this Statement of Work is subject to the
confidentiality obligations set forth in the Software Services Agreement between OpenGov
and City of Medina, MN.
●Customer ’s use of the Professional Services are governed by the Agreement and not this
SOW.
●Upon execution of the Order Form or other documentation referencing the SOW,this SOW
shall be incorporated by reference into the Agreement.
●In the event of any inconsistency or conflict between the terms and conditions of this SOW
and the Agreement,the terms and conditions of this SOW shall govern with respect to the
subject matter of this SOW only.Unless otherwise defined herein,capitalized terms used in
this SOW shall have the meaning defined in the Agreement.
●This SOW may not be modified or amended except in a written agreement signed by a duly
authorized representative of each party.
●OpenGov will be deployed as is.Customer has access to all functionality available in the
current release.
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2.Methodology
OpenGov ’s deployment methodology,often referred to as the OpenGov Way (“OG Way”),delivers on
OpenGov ’s mission to power more effective and accountable governments.’It is an innovative,
modern,and iterative approach that leads our customers to successfully deploy our products and
help them successfully achieve their vision.The OG Way differentiates itself in the market by its
foundation of customer empowerment.We rely on our years of experience working with
governments,leading in governments,and leveraging best practices from the public and private
sector in order to coach our customers through the change management needed to leverage our
quality software.This methodology requires a degree of focus and engagement to ensure
collaboration between both parties to produce the desired results in a timely manner.We look
for ward to our partnership and can’t wait to show you how The OG Way will improve the way you do
business and the ser vices you’re able to provide to your citizens!
Project Initiation
During project initiation,we will introduce project resources,review the products and services
purchased,finalize project timelines,and conduct the kickoff meeting.Both OpenGov and
Customer are responsible for assigning their Project Managers for the project.We will hold a
planning meeting to review all project documents OpenGov has received to date.We’ll also provide
additional worksheets that need to be included.We’ll set-up meetings to finalize the project plan
and ensure there is a centralized location for these documents to be stored for collaboration.
Lastly,we’ll determine the date for the larger kickoff meeting and discuss the agenda for this
critical meeting.
Best Practice Review
●OpenGov will provide your team with access to OG University and OpenGov ’s Resource
Center so that you can start learning.
●OpenGov provides checklists with samples of data and information that we’ll need
completed.We will obtain all data and integration information at this time in our standard
format.
●We will review your agency-specific documents to validate your business requirements.
●We will then coach you on our best practices by showing you how our tool works in the most
effective manner.
●Based on our best practices review and domain expertise,we will make solution
recommendations.
●We will align with your team based on our understanding of your operating processes based
on technical requirements and product functionality.
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●OpenGov will review all data and integration requirements.A data map will be mutually
agreed upon and signed off on by Customer.
●OpenGov will present a solution document to be mutually agreed upon prior to starting the
configuration.
Configuration
●We will set-up the base configuration based on the mutually agreed upon solution
document.
●We will mutually configure the use cases based on the mutually agreed upon solution
document.
●We will migrate your data based on our mutually agreed upon data map.
Validation
●Customer reviews the completed work performed during configuration.
●The appropriate members of the Customer project team will confirm that the solution has
been configured correctly based on the solution and data mapping documents by testing
the use of the solution.
●Training will be provided based on the selected package, or as set forth herein.
●Any items that were configured or migrated incorrectly based on the data map and solution
document will be tracked via an issue log.We will work with your team to identify
deployment critical issues that will be worked out prior to launch.If the item is not included
in the mutually agreed upon data map and solution document,a mutually agreed upon
change order will be discussed as defined in Section 10 Change Management of this SOW.
●The exit criteria for this phase is the sign off by the Customer ’s Project Manager of the
configuration based on the mutually agreed upon solution and data map as defined in
Section 9 Acceptance of this SOW.
Deploy
●The solution is usable by Customer.
Project Completion
●Customer is sent a project acceptance form to sign as defined in Section 9 Acceptance of
this SOW.
●Customer will be asked to respond to a brief sur vey to provide feedback about the
experience.
●Customer is introduced to Customer Support and educated on how to engage with
customer support based on Customer ’s procured package.
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3.Project Schedule
OpenGov will schedule resources for this project upon signature of the Order Form.Unless
specifically noted,the OpenGov assigned project manager (as identified below or such alternate
designated by OpenGov,the “OpenGov Project Manager”)will work with Customer Project Manager
to develop the project schedule for all requested deliverables under this SOW.OpenGov reser ves
the right to adjust the schedule based on the availability of OpenGov resources and/or Customer
resources, and the timeliness of deliverables provided by the Customer.
4.Roles and Responsibilities
4.1.Roles and Responsibilities Matrix
OpenGov
Role Role Description
Executive Sponsor
(“ES”)
Responsible for ensuring alignment on project value proposition and
vision. Escalation point for Customer Executive Sponsor to mitigate
any risks that the project team cannot resolve. Executive Sponsor
attends monthly (or other frequency) executive meetings to review
deployment status, documented issue list, status and closure
summary.
Project Manager (“PM”)Responsible for the delivery of the professional services based upon
the agreed upon contract and SOW within the budgeted hours and
timeframe. Ensures the project is properly forecasted, assigns
tasks/resources, and tracks toward project completion. Holds
executive steering committee meetings and/or quarterly business
reviews as appropriate to ensure project issues are properly escalated
and success is achieved. Facilitates the transition to support.
Implementation
Analyst (“IA”)
Responsible for helping Customer configure OpenGov ’s product suites
as assigned. The IA is the primary consultant, guiding Customer
through configuration working sessions to put together successful
workflows.
Subject Matter Expert
(“SME”)
OpenGov Subject Matter Experts (“SMEs”) will engage in strategy,
design, and execution discussions internally and with Customer
during the deployment. The SME has a specific area of expertise, and
depending on the scope of the project more than one SME may
engage. The SME will not be on all working sessions, but will be
involved per the direction of the OpenGov Project Manager.
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Data Solutions
Engineer (“DSE”)
Responsible for migrations, conversions, and integrations as
assigned. Responsible for providing clear direction on specifications
to ensure proper delivery of migration, conversions, and integrations.
Clear data mapping and data validation to be provided with customer
sign-offs obtained by the OpenGov Project Manager.
Account Executive
(“AE”)
The Account Executive is responsible for the sales cycle. Aligning on
program vision, value proposition, and contract terms. The Account
Executive will facilitate project kickoff along with the OpenGov
Project Manager. The Account Executive will be engaged with the
customer throughout their journey with OpenGov, post-deployment
and beyond.
Customer Success
Manager (“CSM”)
The Customer Manager (“CSM”) is the primar y customer relationship
holder post-Deploy. The “Air Tra c Controller” or “Quarterback” of
OpenGov resources with focus on long term success of Customer ’s
partnership with OpenGov. The CSM will engage with Customer to
discuss adoption strategy and conduct periodic reviews to ensure
Customer ’s key stakeholders understand all OpenGov offerings and
how they align to key Customer priorities. The CSM will be introduced
at deployment kickoff, but will not be an active participant in
deployment working sessions. As the deployment approaches closure,
the CSM's engagement will ramp-up, and the OpenGov Project
Manager to CSM meeting with Customer will occur prior to Project
Completion.
Customer
Role Role Description
Budget Owner (“BO”)The Customer Budget Owner commits the funds to the project
deployment, assesses the value to the cost (ROI), and approves
changes orders. In some cases, the Budget Owner and Executive
Sponsor are the same person.
Executive Sponsor
(“ES”)
Responsible for ensuring Customer team is aligned to core project
value proposition and goals. Able to intervene if the project goes off
track, and has ability to make decisions on timeline and budget when
decisions are stalled. The Executive Sponsor is not expected to
regularly attend deployment working sessions. Executive Sponsors,
attend monthly (or other frequency) executive meetings to review
deployment status, documented issue list, status and closure
summary.
Project Manager (“PM”)Serves as the primar y contact for OpenGov Project Initiation, Best
Practice Review, Configuration, Validation, Deploy, Project
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Completion. Coordinates meetings and schedules. Controls
communication between the Customer and OpenGov project teams.
Project Lead (“PL”)Is an internal SME in the functional area of deployment. Attends
working sessions, trainings, and responsible for reviewing
configurations. Primary OpenGov counterpart will be the IA.
Data and SystemsLead
(“DSL”)
Responsible for mapping out data infrastructure and validating
migration, conversion, integration requirements. Someone who is
able to connect OpenGov team with any of Customer ’s third-party data
sources and vendors as needed to fulfill SOW requirements.
5.Governance
Project Governance provides the foundation and framework to manage deployments by assessing
progress and addressing questions and challenges during the course of deployment.OpenGov
follows three guiding principles for governance to maximize the deployment value with our
customers:
●Regular communication aligned to the agreed upon project plan and timing will occur.
OpenGov expects Customers to raise questions or concerns as soon as they arise.OpenGov
will do the same, as we can only address items when known.
●Executive involvement is expected from both OpenGov and Customer.Not only may
Executives be called upon to clarify expectations and/or confusion,but also to steer
strategic items to maximize the value through the deployment.
●Commitment to the direction outlined in this SOW and critical assessment change orders
to ensure they drive value.
5.1.Regular Communication Components
Meeting
Frequency Purpose Participants
OpenGov Customer
Quarterly
Management
Review (“QMR”)
Engagement
Review
Quarterly Overview of
Program Status,
Value Realization,
trends, savings
reports, program
improvement,
PM, ES,
others as
necessary
PM, PL, ES,
others as
necessar y
8
technology, and
discuss program
adjustments
Statement
Committee
Bi-Annually Review of
milestones per
commercial
agreement, review
budget and fiscal
matters.
Discuss strategic
direction from
deployment,
alignment of
OpenGov with
Customer ’s 3-year
roadmap, evaluate
potential shift in
strategy and impact
to relationship
PM, ES, AE,
CSM
PM, BO. ES
Executive Sponsor Meeting Monthly /
Bi-Monthly
Discuss
deployment:
- Strategic impacts:
timing, scope,
process
- Value prop
changes, confusion
- Project specific:
items that need
guidance, support
and/or clarity
PM, ES,
plus others
as
necessary
PM, ES,
plus others
as
necessar y
Weekly Deployment Updates Weekly Summary of project
actions against
project plan.
Risks and
achievements
highlighted in
addition to asks of
Project
Team +
ES(s)
Project
Team +
ES(s)
9
leadership.
5.2.Commitment to Project Direction and Goals
This SOW is the direction agreed upon by Customer and OpenGov.Transparency of the plan is
paramount for our Customers to attain the value the SOW or any subsequent change order outlines.
Should direction of the deployment become disconnected,OpenGov and Customer Project
Managers will outline the gaps as they understand them and communicate the gaps to their
respective Executive Sponsor(s) (or Project Teams) for discussion and resolution.
The communication path for this engagement will be outlined in the kickoff meeting,documenting
both phone numbers and email. The general path is:
OpenGov Project Manager →Professional Ser vices Sr.Manager /SVP →OpenGov Executive
Sponsor
6.Escalation Process
The purpose of this section is to define the escalation process,should it be needed,to support
closing issues that are raised and discussed to move forward with the deployment.OpenGov and
Customer agree to raise concerns and follow the escalation process,resource responsibility,and
documentation.
6.1.Process
●Identification of an issue impeding deployment progress.
●Customer or OpenGov Project Manager summarizes the problem statement and impasse.
●Customer and OpenGov Project Managers will outline solution,acceptance or schedule
executive review in accordance with SL A as defined in Section 7 General Project
Assumptions.
●Resolution will be documented and signed off following executive review in accordance
with SLA as defined in Section 7 General Project Assumptions.
6.2.Escalation Requirements
●OpenGov and Customer Project Managers will summarize the impasse and recommendation
to present at scheduled or ad hoc executive meetings.Unless otherwise noted in this SOW,
Customer Project Manager can approve how hours are used,but not where funding is
required.
10
●Executive Sponsors attend monthly (or other frequency)executive meetings to review
deployment status, documented issue list, status, and closure summar y.
●Steering Committees,where applicable,will be the arbitrator to direction and issue closure.
Unless otherwise noted in this SOW,the Customer Executive Sponsor must approve change
orders that result in additional cost.
●Customer or OpenGov Subject Matter Experts may be requested to provide input to the
issue and assist in closure.Both Customer and OpenGov will make best effort to enable
those Subject Matter Experts to be available and participate.
6.3.Documentation
●Issue Escalation:Problem Statement with clear impact to the deployment and/or
engagement.
●Acceptance Document:Will include any change order(s)or other process adjustments
required and summar y of the resolution.
●Notes from project meetings,executive reviews,and Steering Committee meetings,as
appropriate.
7.General Project Commitments
OpenGov is excited to work with Customer on the implementation of our OpenGov ERP
Cloud.In order to ensure we are able to meet the project timeline and ensure Customer is
successful in this implementation,OpenGov asks that Customer abide by the General
Assumptions detailed in this SOW.
●This SOW is limited to the Implementation of the OpenGov Cloud as defined in the
Project Scope. Any additional services or support will be considered out of scope.
●Customer will commit and provide access to all necessary stakeholders and subject
matter experts,and other key parties whose roles are defined in Section 4.1,
necessar y to the successful implementation of the OpenGov ERP Cloud as defined
in this SOW.
●Customer is responsible for internal change management associated with the
purchase of new software.
●Response Protocol
○OpenGov and Customer commit to responding to inquiries,updates,or any
other project-related matters in no more than 10 business days throughout
the course of this project.If Customer is delayed in its response,Customer
acknowledges that:a)the delay may impact the project schedule;and b)any
fees for Professional Ser vices due to OpenGov after such delay shall become
due and OpenGov may invoice Customer for such prepayment.
○As set forth in Section 6.1(e)of the Agreement,if extended delays in
Customer responsiveness are encountered,OpenGov may opt to put the
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project into an "On Hold"status,which includes causing OpenGov to stop or
cause to be stopped the Professional Services to be provided to the
Customer,until the Customer has fulfilled its obligations set forth in the On
Hold Notice as described in the Agreement.
○The Professional Ser vices will be provided during regular business hours
(8am to 6pm Central Time) Monday through Friday (holidays excluded).
●SOW Expiration:
○This SOW is valid for up to 90 days from the Creation Date,or as agreed to in
writing by OpenGov and Customer.
8.Project Scope
8.1.OpenGov Reporting & Transparency Platform
8.1.1.OpenGov Reporting &Transparency Platform Project
Deliverables
Deliverable Description
OpenGov
Reporting &
Transparency
Platform
Cloud based Reporting & Transparency Platform that includes:
●Stories
●Reporting
●Dashboards
●Transparency Portal
8.1.2.Project Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the
OpenGov Reporting & Transparency Platform implementation.
8.1.2.1.Initiate
Functionality Description
Provisioning
Reporting &
Transparency
Platform
OpenGov will provision Customer ’s OpenGov entity and verify Customer has
access to all purchased modules.
OpenGov
University
Platform
Training
OpenGov will provide access to OpenGov University online training courses
intended to teach users on the basics of the Reporting & Transparency
Platform.
12
8.2.OpenGov Citizen Services Suite (CIT Suite)
8.2.1.CIT Suite Project Deliverables
Functionality Description
CIT Suite Cloud-based Permit, Licensing, Code Enforcement software for 1 Ser vice
Area(s) (Community Development) to include
●4 Record Type(s) (forms, document templates, fee schedules,
workflows) built by OpenGov
○Residential Building Permit
○Commercial Building Permit
○New Single Family
○Commercial – New
●CIT System Training
●Configuration Training
●Internal user Training
●Migrations and Integrations
8.2.2.Project Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the
OpenGov CIT Suite implementation.
8.2.2.1.Initiate
Functionality Description
Creating
Environment
OpenGov will provision a CIT environment and SFTP site. Customer system
administrator will be added to the environment following contract signing
and creation.
Documentation
Receipt
Customer will provide OpenGov with:
●Existing application forms
●Current workflows
●Gathering all existing supporting documentation
System Training During the CIT System Configuration, OpenGov will provide System Training
designed for system administrators, which will include:
●How to create and customize the public portal in CIT
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●How to create and customize CIT record types (forms, document
templates, fee schedules, workflows)
●How to set up inspections in CIT
●How to create datasets in CIT
●The basic functions of any integrations or other customizations
included in the SOW
●How to export a dataset from the app
8.2.2.2.Best Practice
Functionality Description
Overview of
Best Practice
OpenGov assesses and identifies how best to configure and map data to
ensure success based on materials provided by Customer.
Customer Inputs OpenGov will share what is needed to obtain from Customer and why the
information drives a successful outcome.
Discuss
Recommended
Process Versus
Current Process
OpenGov will review department specific documents, coach the Customer on
Best Practice application, andmake solution recommendations based on our
domain expertise.
Solution
Document
OpenGov will present a solution document to be mutually agreed upon prior to
beginning configuration.
8.2.2.3.Configuration
Functionality Description
Record Type
Configuration
(OpenGov -
Standard)
OpenGov will configure up to 6 standard record type draft(s) of Customer ’s
record types in the CIT system.
Along with Customer input OpenGov will be responsible for building:
●Customer Application Forms
●Customer Workflow
●Output Documents
●Adding in Customer Fees
OpenGov will hold working sessions* between the OpenGov and Customer for
the purpose of validating, reviewing, and iterating upon draft record types
configuration.
14
*Working Session All working sessions will focus on:
●Forms
●Workflows
●Fee structures
●Attachment requirements
●Letter/permit/license templates
●User access
●Renewal processes
●Inspection checklists
●Public portal
Record Type
Configuration
Training Sessions
OpenGov will provide 2, 60-minute configuration training session(s) to enable
Customer to own configuration of their remaining Record Types.
●Session(s) will focus on:
○Hands-on training for building, configuring, and maintaining
Record Types in CIT.
○Best practice recommendations on Record Type:
■Building
■Configuring
■Maintenance
At the end of configuration training sessions, Customer will be responsible
for maintenance and configuration of all Record Types.
Migrations and Integrations
Functionality Description
Historical Data
Migration
OpenGov will scope, format, and script data from Customer 's Banyon export
to the CIT suite (Dependant on having an Master Address Table (MAT)
migration).
●Resulting migration script provides an initial load of data into the CIT
suite.
●Just prior to Deploy, after Customer Acceptance, OpenGov will re-run
the migration with the latest data.
Data migration includes:
●Applicant data
●Location information (Records will only be linked to locations if an ID,
MBL, or other logical link is provided to match up to the Customer 's
address integration)
●Fees and payments (will be migrated as form data)
●Inspections (will be migrated as form data)
●Contractors, work description and other form data
15
●Other multi-entry form data
●Grouping of records under project names
Data Migration and File Requirements:
●OpenGov will accept:
○Text Delimited File (i.e. CSV)
○Excel (.xlxs file)
●OpenGov will not accept:
○Non-relational database
All other databases require additional scoping and may not work.
Data migration does not include:
●Cleaning of any corrupted data
●Creation and linking of applicant accounts
●Integration of historical fees and payments into workflow or financial
reports.
●Logs of permit changes
●Migration of any data into the workflow (i.e. pending or completed
sign-offs, fee steps, document issuance, inspections).
●Permit attachments
●Import of contractor database
●Hierarchical relationships between records
No form-field mapping is included in the historical data migration
Recurring Master
Address Table
(MAT) Import
OpenGov will import the Customer ’s location information from your Master
Address Table (MAT) file (CSV) into CIT.
Customer will provide a clean MAT including all of the community's location
information. It must contain the parcel properties latitude/longitude
coordinates and at least 1 unique ID field. The unique ID can never change.
OpenGov does not take responsibility for 'dirty' data.
ESRI ArcGIS
Server Integration
OpenGov will integrate the CIT suite with the Customer ’s ArcGIS Server.
Customer is responsible for providing a publicly-accessible secure ESRI REST
API URL.
Note: WFS link will not su ce
GIS Flag
Integration
OpenGov will enable GIS Flag Integration:
●Import a list of flags into the CIT suite. Flags can be provided either on
the Parcel Layer or other layer on the GIS Ser ver through the ESRI
REST API URL.
●Layers must be configured as a polygon polylines and points are not
supported in this integration.
16
Dependent upon Master Address Table and ESRI ArcGIS Server Integration
Accounting &
Finance Export
For a financial export, Customer will provide OpenGov the required format
and a sample document.
OpenGov will export the data based on the required format and put the files
onto Customer ’s SFTP as often as nightly
State Contractor
Integration
Allow for dynamic search within the application form to auto-populate a set
of form fields. Data will be managed by the State of Minnesota.
OpenGov will integrate the CIT suite with theState of Minnesota licensed
professional dataset for use within the CIT platform and refreshed
daily/weekly.
Bluebeam
Integration
OpenGov will enable any attachment to click “Open in Bluebeam Studio” to
start or continue a collaborative document markup/review session in
Bluebeam. Bluebeam access not included.
●Requires Bluebeam Studio Prime license(s).
8.2.2.4.Validation
Functionality Description
Confirmation Customer confirms OpenGov has created 6 Record Type(s).
User Acceptance
Testing (Admin)
OpenGov will require Customer to validate
●Application is working as intended
○Internal processes and or workflows
○Front End processes (Public views)
●The Administrator knows how to:
○Make changes
○Troubleshoot problems
○Create or configure new Record Types
17
8.2.2.5.Deploy
Functionality Description
Internal User
Training
OpenGov will provide 1, two-hour training session(s) designed for internal
users such as Inspectors or Intake Review staff.
●Internal users are trained to:
○Understand how to use the system to complete the tasks
needed perform their roles/responsibilities
○Understand the functionality and workflow of the Permitting,
Licensing or Code Enforcement process
○Build reports in Citizen Services Explorer Module
Sign Off Customer to complete OpenGov-provided sign off document
Customer will provide written approval that Administrator can:
●Build/Configure
●Troubleshoot
●Maintain
Customer will provide written approval that internal users:
●Have been trained on:
○Functionality
○Tasks needed to perform their roles/responsibilities
9.Acceptance
9.1.Acceptance Process
All Deliverables require acceptance from the Customer Project Manager(s)following the
completion of Deliverables and upon Project Closure.Customer is responsible for conducting any
additional review or testing of such Deliverable pursuant to any applicable mutually agreed upon
acceptance criteria agreed upon by the parties for such Deliverable.Upon completion of these
phases,the OpenGov Project Manager shall notify the Customer Project Manager(s)and provide the
necessary documents for review and sign off.
The following process will be used for accepting or acknowledging Deliverables and Project
Closure:
●OpenGov shall submit the completed Deliverables to Customer to review or test against the
applicable acceptance criteria.Customer shall notify OpenGov promptly of its acceptance
or rejection in accordance with the agreed upon acceptance criteria.
●Customer must accept all Deliverables that meet the applicable acceptance criteria.
OpenGov Project Manager will provide the Customer Project Manager with the OpenGov
18
Acceptance form to sign off on the Deliverable and project.Once all Deliverables required
to meet a particular phase have been accepted or are deemed accepted,the phase shall be
deemed complete.
●Upon completion of the phase or project,OpenGov allows Customer 10 business days to
communicate that the particular Deliverable(s)does not meet Customer ’s requirements.
Failure to communicate that the particular Deliverable(s)does not meet Customer ’s
requirements will be deemed as acceptance and any further work provided to remedy
Customer ’s complaint might incur additional cost.
●Customer shall provide to OpenGov a written notice detailing the reasons for rejection and
the nature of the failure to meet the acceptance criteria.OpenGov shall make best effort to
revise the non-conforming Deliverable(s)to meet the acceptance criteria and re-submit it
to Customer for further review and testing.
●If the acceptance form is not received in accordance with Section 7 General Project
Assumptions,the project phase and/or project will be considered accepted and
automatically closed.
9.2.Acceptance Requirements
●All acceptance milestones and associated review periods will be tracked on the project
plan.
●The Customer Project Manager will have decision authority to approve/reject all project
Deliverables, Phase Acceptance and Project Acceptance.
●Any open issues shall receive a response in accordance with Section 7 General
Assumptions of this SOW following the Validation Acceptance review,or as mutually agreed
upon between the parties, for resolution prior to advancing on in the project.
●Both OpenGov and Customer recognize that failure to complete tasks and respond to open
issues may have a negative impact on the project.
●For any tasks not yet complete,OpenGov and/or Customer will provide su cient resources
to expedite completion of tasks to prevent negatively impacting the project.
10.Change Management
This SOW and related efforts are based on the information provided and gathered by OpenGov.
Customer acknowledges that changes to the scope may require additional effort or time,resulting
in additional cost.Any change to scope must be agreed to in writing or email,by both Customer and
OpenGov, and documented as such via a:
19
●Change Order -Work that is added to or deleted from the original scope of this SOW.
Depending on the magnitude of the change,it may or may not alter the original contract
amount or completion date and be paid for by Customer. Changes might include:
○Timeline for completion
○Sign off process
○Cost of change and Invoice timing
○Signed by OpenGov and Customer Executives approving funds.
Change documentation will be mutually agreed upon as defined in Section 7 General Assumptions
of this SOW.Should that not occur,the change will be added to the next Executive Sponsor agenda
for closure.
Example of changes that might arise during a deployment:
●Amending the SOW to correct an error.
●Extension of work as the complexity identified exceeds what was expected by Customer or
OpenGov.
●Change in type of OpenGov resources to support the SOW.
11.Travel
All Travel and Lodging expenses will be approved in advance in writing by the Customer Project
Manager prior to OpenGov incurring any such expenses and booking non-refundable travel
expenses. Such expenses shall be in compliance with Customer ’s travel and expense guidelines
provided to OpenGov.
Unless otherwise agreed to by the parties, such travel and expenses shall not exceed $10,000 for
the work specified in this SOW. If additional travel is needed as per discussion with the Customer, it
will be mutually agreed upon and be billed as incurred.
20
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ME230-1A-831307.v2
CITY OF MEDINA
ORDINANCE NO. ______
An Interim Ordinance Authorizing a Study and
Imposing a Moratorium on the Sale of Edible Cannabinoid Products
The city council of the city of Medina ordains as follows:
Section 1. Legislative Findings and Authority
(A) There is a great deal of uncertainty regarding the effect of Minnesota Laws 2022,
Chapter 98 amending Minnesota Statutes, section 151.72 (the “Act”), which
expressly allows the sale of edible cannabinoid products, as that term is defined
therein.
(B) Because the proposal to allow the sale of edible cannabinoid products received little
publicity until after the Act went into effect on July 1, 2022, the city of Medina (the
“City”) did not have an opportunity to fully study or consider the potential impacts
of the Act or engage in policy discussions regarding the potential regulation of the
sale of edible cannabinoid products in the City.
(C) Although the Minnesota Board of Pharmacy is authorized to enforce the Act, the
Act does not provide for any state-level licensing of businesses that manufacture or
sell edible cannabinoid products. The Act is also silent regarding the enactment of
local regulations related to edible cannabinoid products.
(D) The Act does not expressly prohibit or limit local regulations of edible cannabinoid
products. Additionally, the regulations established in the Act clearly do not
constitute the Legislature having occupied the field of regulation regarding the sale
of edible cannabinoid products.
(E) The city council finds that the uncertainties associated with the sale of edible
cannabinoid products, as well as the options for local regulation, strongly suggest
the need for a study to develop information the city council may use related to
potential local regulation of the sale of edible cannabinoid products through the
adoption of licensing or zoning controls.
(F) Pursuant to Minnesota Statutes, section 462.355, subdivision 4(a), the city council
is authorized to adopt an interim ordinance “to regulate, restrict, or prohibit any use
. . . within the jurisdiction or a portion thereof for a period not to exceed one year
from the date it is effective.”
(G) The city council is also authorized, under Minnesota Statutes, section 412.221, subd.
32, “to provide for the government and good order of the city, the suppression of
vice and immorality, the prevention of crime, the protection of public and private
Agenda Item #5G
2
ME230-1A-831307.v2
property, the benefit of residence, trade, and commerce, and the promotion of health,
safety, order, convenience, and the general welfare.” Pursuant to its general police
power authority, the city council may, for example, adopt business licensing
requirements related to the sale of edible cannabinoid products.
(H) The Minnesota Supreme Court in Almquist v. Town of Marshan, 245 N.W.2d 819
(Minn. 1976) upheld the enactment of a moratorium despite the lack of express
statutory authority as being a power inherent in a broad grant of power to
municipalities. The enactment of business licensing requirements, for example, is
based on a city’s police powers, which is the broadest grant of power to cities.
Inherent in that broad grant of authority is the power to place a temporary
moratorium on a particular business activity to study and potentially implement
regulations on that business activity.
(I) There are both licensing and zoning issues associated with the sale of edible
cannabinoid products. The city council determines that it needs time to study the
matter and to consider the development and adoption of appropriate local
regulations. To protect the planning and decision-making process and the health,
safety, and welfare of the residents while the City conducts its study and the city
council engages in policy discussions regarding possible regulations, the city council
determines it is in the best interests of the City to impose a temporary moratorium
on the sale of edible cannabinoid products.
Section 2. Definition. For the purposes of this ordinance, the term “edible cannabinoid product”
has the same meaning given the term in Minnesota Statutes, section 151.72, subdivision 1(c), as
recently amended by the Act and as may be amended from time to time.
Section 3. Study. The city council authorizes and directs City staff and consultants to conduct a
study regarding edible cannabinoid products and provide a report to the city council on the
potential regulations relating to the sale of such products in the community. The report shall
include recommendations on whether the city council should adopt regulations and, if so, the
recommended types of regulations. The study shall consider, but is not limited to, the following:
(i) the potential impacts of the sale of edible cannabinoid products within the City; (ii) licensing
the sale of edible cannabinoid products and related regulations; and (iii) zoning regulations related
to the sale and distribution of edible cannabinoid products.
Section 4. Moratorium. A moratorium is hereby imposed within the City regarding the sale of
edible cannabinoid products. No business, person, or entity may sell edible cannabinoid products
to the public within the jurisdictional boundaries of the City during the period that this ordinance
is in effect. The City shall not accept, process, or act on any application, site plan, building permit,
or zoning or other approval for a business proposing to engage in the sale of edible cannabinoid
products during the period that this ordinance is in effect.
Section 5. Exceptions. The moratorium imposed by this ordinance does not apply to the sale of
medical cannabis or hemp products that were lawful to sell prior to the effective date of the Act.
3
ME230-1A-831307.v2
Section 6. Enforcement. Violation of this ordinance is a misdemeanor. In addition, the City
may enforce this ordinance by mandamus, injunction, or other appropriate civil remedy in any
court of competent jurisdiction.
Section 7. Severability. Every section, provision, and part of this ordinance is declared severable
from every other section, provision, and part of this ordinance. If any section, provision, or part
of this ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not
invalidate any other section, provision, or part of this ordinance.
Section 8. Effective Date and Term. This ordinance shall take effect and be in full force from
and after its adoption and publication, as provided by law. This ordinance shall remain in effect
for one year after its effective date or until the city council expressly repeals it, whichever occurs
first.
Adopted this 1st day of November, 2022.
BY THE CITY COUNCIL
______________________________
Kathleen Martin, Mayor
ATTEST:
_________________________________
Scott T. Johnson, City Administrator
Published in the Crow River News on the ___ day of _________, 2022.
Resolution No. 2021-##
DATE
ME230-1A-832780.v1
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. ##, an
interim ordinance authorizing a study and imposing a moratorium on the sale of edible
cannabinoid products; and
WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is three pages in length; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina
that the city clerk shall cause the following summary of Ordinance No. ### to be published in the
official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the City of Medina has adopted Ordinance No. ###, an interim
ordinance authorizing a study and imposing a moratorium on the sale of edible
cannabinoid products. The ordinance prohibits the sale of edible cannabinoid
products, as that term is defined in Minnesota Statutes, section 151.72, while the city
undertakes a study regarding such products and sales. While the ordinance is in
effect, no business, person, or entity may sell edible cannabinoid products to the
public within the jurisdictional boundaries of the city, and the city will not accept,
process, or act on any application, site plan, building permit, or zoning or other
approval for a business proposing to engage in the sale of edible cannabinoid
products.
The full text of the ordinance is available from the city clerk at Medina city hall
during regular business hours.
BE IT FURTHER RESOLVED by the city council of the City of Medina that the city
clerk keep a copy of the ordinance in their office at city hall for public inspection and that they
post a full copy of the ordinance in a public place within the city.
Agenda Item #5H
Resolution No. 2022-## 2
DATE
ME230-1A-832780.v1
Dated: November 1, 2022
______________________________
Kathleen Martin, Mayor
ATTEST:
______________________________
Scott T. Johnson, City Administrator
The motion for the adoption of the foregoing resolution was duly seconded by member
__________ upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
831319.v1
CITY OF MEDINA
ORDINANCE NO. ______
An Ordinance Amending Chapter 3 of the City Code of
Ordinances Pertaining to Edible Cannabinoid Products
The city council of the city of Medina ordains as follows:
SECTION I: Medina city code chapter 3 is hereby amended by adding a new section 370,
entitled “Edible Cannabinoid Products,” as follows:
370. EDIBLE CANNABINOID PRODUCTS
Section 370.01. Findings and Purpose. The city recognizes that, based on the most reliable and
up-to-date scientific evidence, the recent introduction of legalized edible cannabinoid products
presents a potential threat to the public health, safety, and welfare of the residents of Medina and
especially young persons that are more impressionable and vulnerable. The purpose of this section
is to discourage and reduce the use and consumption of edible cannabinoid products by persons
under the age of 21 in the city of Medina for the following reasons:
(a) The use and possession of edible cannabinoid products by persons under the age of
21 years may be harmful to those persons and constitutes a potential threat to public
health from injuries related to or resulting from consumption, including, but not
necessarily limited to, impairment from consumption or related traffic collisions.
(b) Consumption of edible cannabinoid products could have drastic effects on those
who use it as well as those who are affected by the actions of an irresponsible user.
(c) Recently enacted state legislation regarding edible cannabinoid products places
restrictions on the labeling and packaging of such products to prevent marketing
toward young persons and further prohibits the sale of such products to persons
under the age of 21.
(d) State law does not, however, address the use or possession of edible cannabinoid
products by any person, regardless of age, or the amount of edible cannabinoid
products any person consumes.
(e) In light of the foregoing, the use and possession of edible cannabinoid products by
persons under the age of 21 must be deterred and discouraged to ensure the health
and safety of those members of our community that are most impressionable and
vulnerable.
Section 370.03. Definition. For the purposes of this section, the term “edible cannabinoid product”
has the same meaning given the term in Minnesota Statutes, section 151.72, subdivision 1(c), as it
may be amended from time to time.
Agenda Item #5I
831319.v1
Section 370.05. Prohibited Acts. It is unlawful for a person under the age of 21 to possess or
consume an edible cannabinoid product in the city.
Section 370.07. Exceptions. The acts prohibited above shall not apply to (i) a person under the
age of 21 that possesses an edible cannabinoid product solely as part of their role in assisting a law
enforcement agency with a legally authorized compliance check; or (ii) a person under the age of
21 that possess or consumes an edible cannabinoid product as part of a bona fide, legally protected
religious observance.
Section 370.09. Penalty. A violation of this section shall be a petty misdemeanor, subject to a
penalty as prescribed in Minnesota Statutes, section 609.02, subd. 4a, as it may be amended from
time to time.
SECTION II. This ordinance shall be effective upon its adoption and publication. Nothing
contained herein shall be interpreted to modify or otherwise affect the validity of Ordinance No.
______________.
Adopted by the city council of the city of Medina this 1st day of November, 2022.
____________________________
Kathleen Martin, Mayor
ATTEST:
____________________________
Caitlyn Walker
City Clerk
Published in the Crow River News on the ___ day of _________, 2022.
Resolution No. 2021-##
DATE
ME230-1A-832781.v1
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. ##, an
ordinance amending chapter 3 of the city code of ordinances pertaining to edible cannabinoid
products; and
WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is two pages in length; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina
that the city clerk shall cause the following summary of Ordinance No. ### to be published in the
official newspaper in lieu of the ordinance in its entirety:
Public Notice
The city council of the City of Medina has adopted Ordinance No. ###, an ordinance
amending chapter 3 of the city code of ordinances pertaining to edible cannabinoid
products. The ordinance makes it a petty misdemeanor for persons under the age of
21 to use or possess edible cannabinoid products, as that term is defined in
Minnesota Statutes, section 151.72.
The full text of the ordinance is available from the city clerk at Medina city hall
during regular business hours.
BE IT FURTHER RESOLVED by the city council of the City of Medina that the city
clerk keep a copy of the ordinance in their office at city hall for public inspection and that they
post a full copy of the ordinance in a public place within the city.
Dated: November 1, 2022
______________________________
Kathleen Martin, Mayor
ATTEST:
______________________________
Scott T. Johnson, City Administrator
Agenda Item #5J
Resolution No. 2022-## 2
DATE
ME230-1A-832781.v1
The motion for the adoption of the foregoing resolution was duly seconded by member
__________ upon vote being taken thereon, the following voted in favor thereof:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2022
November 1, 2022
Member _____ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-
RESOLUTION APPROVING PROPOSED TRANSFERS AND
ASSIGNMENT OF FUND RESERVES
WHEREAS, for 12/31/21, the fund balance policy goal is $2,392,524 (using 5/12 of 2022 budgeted
expenditures of $5,742,058). The General fund balance at 12/31/21 was $3,917,932 or $1,525,408
above the goal. $583,979 of the reserve balance is currently assigned.
BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota,
that the following actions be:
$300,000 be Transferred from the General Fund to the following funds:
- Equipment Replacement Fund: $150,000 for Police and Public Works equipment
- Future Fire Facility Fund: $150,000 for future fire expenses.
$63,179 be Assigned from General Fund reserves:
- $33,179 re-assigned from Arrowhead Crossing (completed) to Litigation.
- $30,000 for post-retirement benefits.
$611,429 to remain as Unassigned - General Fund reserves for emergency and
contingency needs.
Date: November 1, 2022
________________________________
Kathleen Martin, Mayor
ATTEST:
_________________________________
Agenda Item #5K
Resolution No. 2022- 2
November 1, 2022
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:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2022-
November 1, 2022
Member _________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-##
RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN
MEADOWVIEW COMMONS 1st ADDITION
WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, U.S. Home Corporation (the “Developer”) has constructed improvements
within the platted development known as Meadowview Commons 1st Addition for the purpose of
developing townhome lots; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
November 20, 2020 (the “Development Agreement”) related to the development of the
subdivision; and
WHEREAS, consistent with the terms of the Agreement, the Developer has completed
construction of sanitary sewer and watermain infrastructure improvements (the “Improvements”),
to serve the units within the Development; and
WHEREAS, the city engineer has inspected the Improvements and determined that they
have been constructed in accordance with the plans incorporated in the Development Agreement;
and
WHEREAS, the estimated cost of construction of the Improvements was $105,342.00 for
the sanitary sewer and $116,135.00 for the watermain, the total amount of the Improvements was
$221,477.00; and
WHEREAS, the Development Agreement requires the Developer or the Developer’s
contractor to submit a warranty bond guaranteeing repair or replacement of any defects in the
Improvements for two years following completion as a condition of being accepted by the City.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Improvements, as public improvements upon the date of this
resolution or the date indicated on the warranty bond, whichever is later. Thereafter, the
City shall maintain the Improvements as public improvements, except as provided for
herein.
Agenda Item #5L
Resolution No. 2022- 2
November 1, 2022
2. The Developer shall remain responsible to repair or replace defective portions of the
Improvements if they show signs of failure within two years of date of this resolution or
the date indicated on the warranty bond, whichever is later, normal wear and tear excepted.
3. If the Developer shall fail to repair or replace defective portions of the Improvements as
required herein and pursuant to the Development Agreement, the City shall utilize the
warranty bond for such purpose.
4. Upon receipt of the warranty bond and at the discretion of the city engineer, the City
authorizes a reduction of the letter of credit for the Improvements as described herein.
5. Acceptance of the Improvements is subject to the terms and conditions of the letter from
the city engineer dated October 26, 2022.
6. City staff and consultants are authorized and directed to take all steps necessary or
convenient to carry out the intent and purpose of this resolution.
Dated: November 1, 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.
K:\017165-000\Admin\Docs\Warranty Bond & Resolutions\2022-10-26 Letter Request for Warranty Bond for Utilities - Meadowview 1st Add.docx
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October 26, 2022
Mr. Paul Tabone
Land Entitlement Manager
Lennar Minnesota
16305 36th Avenue North, Suite 600
Plymouth, MN 55446
Re: Meadowview Commons 1st Add – Accept Utility Impr. & Request Warranty Bond
City Project No.SD-20-277, WSB Project No. 017165-000
Dear Mr. Tabone:
WSB & Associates, Inc., the City of Medina’s engineering consultant (Engineer), has observed
the installation and testing of the watermain and sanitary sewer utilities (Improvements) for
Meadowview Commons 1st Addition development in accordance with the plans and as required
by the Development Agreement. The City Council must formally accept the Improvements by
resolution at a regularly scheduled council meeting.
Prior to acceptance of the Improvements by the City Council, the developer is required to submit
a two-year warranty bond for 100% of the construction costs of the sanitary sewer and watermain
improvements. At this time, the warranty bond shall be in the amount of $221,477.00 based
on the construction cost estimates previously provided by the developer’s engineer.
Please submit the warranty bond effective for two calendar years to the attention of City
Administrator Scott Johnson at Medina City Hall. City staff and the Engineer will consider a
reduction in the Letter of Credit (LOC) after the City Council formally accepts the Subdivision
Improvements and receives the warranty bond.
Sincerely,
WSB
Jim Stremel, P.E.
City Engineer
Resolution No. 2022-
November 1, 2022
Member _________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-##
RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN
MEADOWVIEW COMMONS 2ND ADDITION
WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, U.S. Home Corporation (the “Developer”) has constructed improvements
within the platted development known as Meadowview Commons 2nd Addition for the purpose of
developing townhome lots; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
April 26, 2021 (the “Development Agreement”) related to the development of the subdivision; and
WHEREAS, consistent with the terms of the Agreement, the Developer has completed
construction of sanitary sewer and watermain infrastructure improvements (the “Improvements”),
to serve the units within the Development; and
WHEREAS, the city engineer has inspected the Improvements and determined that they
have been constructed in accordance with the plans incorporated in the Development Agreement;
and
WHEREAS, the estimated cost of construction of the Improvements was $163,733.00 for
the sanitary sewer and $304,106.00 for the watermain, the total amount of the Improvements was
$467,839.00; and
WHEREAS, the Development Agreement requires the Developer or the Developer’s
contractor to submit a warranty bond guaranteeing repair or replacement of any defects in the
Improvements for two years following completion as a condition of being accepted by the City.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Improvements, as public improvements upon the date of this
resolution or the date indicated on the warranty bond, whichever is later. Thereafter, the
City shall maintain the Improvements as public improvements, except as provided for
herein.
Agenda Item #5M
Resolution No. 2022- 2
November 1, 2022
2. The Developer shall remain responsible to repair or replace defective portions of the
Improvements if they show signs of failure within two years of date of this resolution or
the date indicated on the warranty bond, whichever is later, normal wear and tear excepted.
3. If the Developer shall fail to repair or replace defective portions of the Improvements as
required herein and pursuant to the Development Agreement, the City shall utilize the
warranty bond for such purpose.
4. Upon receipt of the warranty bond and at the discretion of the city engineer, the City
authorizes a reduction of the letter of credit for the Improvements as described herein.
5. Acceptance of the Improvements is subject to the terms and conditions of the letter from
the city engineer dated October 26, 2022.
6. City staff and consultants are authorized and directed to take all steps necessary or
convenient to carry out the intent and purpose of this resolution.
Dated: November 1, 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.
K:\018180-000\Admin\Docs\Warranty Bond & Resolutions\2022-10-26 Letter Request for Warranty Bond for Utilities - Meadowview 2nd Add.docx
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October 26, 2022
Mr. Paul Tabone
Land Entitlement Manager
Lennar Minnesota
16305 36th Avenue North, Suite 600
Plymouth, MN 55446
Re: Meadowview Commons 2nd Add – Accept Utility Impr. & Request Warranty Bond
City Project No.SD-20-284, WSB Project No. 018180-000
Dear Mr. Tabone:
WSB & Associates, Inc., the City of Medina’s engineering consultant (Engineer), has observed
the installation and testing of the watermain and sanitary sewer utilities (Improvements) for
Meadowview Commons 2nd Addition development in accordance with the plans and as required
by the Development Agreement. The City Council must formally accept the Improvements by
resolution at a regularly scheduled council meeting.
Prior to acceptance of the Improvements by the City Council, the developer is required to submit
a two-year warranty bond for 100% of the construction costs of the sanitary sewer and watermain
improvements. At this time, the warranty bond shall be in the amount of $467,839.00 based
on the construction cost estimates previously provided by the developer’s engineer.
Please submit the warranty bond effective for two calendar years to the attention of City
Administrator Scott Johnson at Medina City Hall. City staff and the Engineer will consider a
reduction in the Letter of Credit (LOC) after the City Council formally accepts the Subdivision
Improvements and receives the warranty bond.
Sincerely,
WSB
Jim Stremel, P.E.
City Engineer
Resolution No. 2022-
November 1, 2022
Member _________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-##
RESOLUTION ACCEPTING WATERMAIN UTILITY IMPROVEMENTS WITHIN
THE OSI EXPANSION (ARROWHEAD HOLDINGS, LLC ) PROJECT
WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Arrowhead Holdings, LLC (the “Developer”) has constructed improvements
on certain land within the City which has been otherwise named as the OSI Expansion Project (the
“Project”) for the purpose of expanding the existing building and installing a watermain loop; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
June 18, 2020 (the “Development Agreement”) related to the development of the Project; and
WHEREAS, consistent with the terms of the Agreement, the Developer has completed
construction of watermain infrastructure improvements in 2020 (the “Improvements”), to serve
the building expansion within the Development; and
WHEREAS, the city engineer has inspected the Improvements, and determined that they
have been constructed in accordance with the plans incorporated in the Development Agreement;
and
WHEREAS, the estimated cost of construction of the watermain utility Improvements was
$45,245.00; and
WHEREAS, the Developer constructed the Improvements in 2020 and has repaired or
replaced any deficiencies with the Improvements over a two-year period from the date of
completion to the satisfaction of the city engineer, no further deficiencies or failures of the
Improvements have been observed.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Improvements, as public improvements upon the date of this
resolution, the City shall maintain the Improvements as public improvements, except as
provided for herein.
2. City staff and consultants are authorized and directed to take all steps necessary or
convenient to carry out the intent and purpose of this resolution.
Agenda Item #5N
Resolution No. 2022- 2
November 1, 2022
Dated: November 1, 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-
November 1, 2022
Member _________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-##
RESOLUTION ACCEPTING STREET IMPROVEMENTS WITHIN
THE VILLAS AT MEDINA COUNTRY CLUB
WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Villas of Medina, LLC (the “Developer”) has constructed improvements on
certain land within the City which has been platted as the Villas at Medina Country Club (the
“Subdivision”) for the purpose of developing single family lots; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
June 4, 2015 (the “Development Agreement”) related to the development of the Subdivision; and
WHEREAS, pursuant to the terms of the Agreement, the Developer completed
construction of sanitary sewer and watermain infrastructure improvements in 2016 and the City
subsequently accepted the sanitary sewer and water improvements as public improvements; and
WHEREAS, the Developer completed construction of the street and storm sewer
improvements in 2020 within the Subdivision (the “Improvements”); and
WHEREAS, the city engineer has inspected the Improvements, and determined that they
have been constructed in accordance with the plans incorporated in the Development Agreement;
and
WHEREAS, the estimated cost of construction of the Improvements was $659,135.00 for
the street and $373,275.00 for the storm sewer, the total amount of the Improvements was
$1,032,410.00; and
WHEREAS, the Developer constructed the Improvements in 2020 and has repaired or
replaced any deficiencies with the Improvements over a two-year period from the date of
completion to the satisfaction of the city engineer, no further deficiencies or failures of the
Improvements have been observed.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Improvements, as public improvements upon the date of this
resolution, the City shall maintain the Improvements as public improvements, except as
provided for herein.
Agenda Item #5O
Resolution No. 2022- 2
November 1, 2022
2. City staff and consultants are authorized and directed to take all steps necessary or
convenient to carry out the intent and purpose of this resolution.
Dated: November 1, 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-
November 1, 2022
Member _________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-##
RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN
THE RESERVE OF MEDINA 3rd ADDITION
WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Pulte Homes of Minnesota, LLC (the “Developer”) is constructing
improvements within the platted development known as The Reserve of Medina 3rd Addition for
the purpose of developing single family lots; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
June 21, 2021 (the “Development Agreement”) related to the development of the subdivision; and
WHEREAS, consistent with the terms of the Agreement, the Developer has completed
construction of sanitary sewer and watermain infrastructure improvements (the “Improvements”),
to serve the units within the Development; and
WHEREAS, the street improvements within the Development will be completed at a
future date and therefore will not yet be accepted by the City as public improvements; and
WHEREAS, the city engineer has inspected the Improvements and determined that they
have been constructed in accordance with the plans incorporated in the Development Agreement;
and
WHEREAS, the estimated cost of construction of the Improvements was $330,746.00 for
the sanitary sewer and $346,381.00 for the watermain, the total amount of the Improvements was
$677,127; and
WHEREAS, as required by the Development Agreement, the Developer or the
Developer’s contractor will be required to submit a warranty bond regarding repair or replacement
of any defects in the Improvements for two years from the date of this resolution.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Improvements as public improvements and shall maintain
them, except as provided for herein.
Agenda Item #5P
Resolution No. 2022- 2
November 1, 2022
2. The Developer shall remain responsible to repair or replace defective portions of the
Improvements if they show signs of failure for two years from the date of this resolution,
normal wear and tear excepted.
3. If the Developer shall fail to repair or replace defective portions of the Improvements as
required herein and pursuant to the Development Agreement, the City shall utilize the
warranty bond for such purpose.
4. Upon receipt of the warranty bond and at the discretion of the city engineer, the City
authorizes a reduction of the letter of credit for the Improvements as described herein.
5. Acceptance of the Improvements is subject to the terms and conditions of the letter from
the city engineer dated October 26, 2022.
6. City staff and consultants are authorized and directed to take all steps necessary or
convenient to carry out the intent and purpose of this resolution.
Dated: November 1, 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.
K:\018267-000\Admin\Docs\Warranty Bond & Resolutions\2022-10-26 Request for Warranty Bond Utilities - Reserve of Medina 3rd - Draft.docx
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October 26, 2022
Mr. Chad Onsgard
Director of Development
Minnesota Division
Pulte Group
7500 Flying Cloud Dr, Suite 670
Eden Prairie, MN 55344
Re: The Reserve of Medina 3rd Add – Accept Utility Improvements & Request Warranty Bond
City Project No.SD-21-289, WSB Project No. 018267-000
Dear Mr. Onsgard:
WSB & Associates, Inc., the City of Medina’s engineering consultant (Engineer), has observed
the installation and testing of the watermain and sanitary sewer utilities (Improvements) for The
Reserve of Medina 3rd Addition development in accordance with the plans and as required by the
Development Agreement. The City Council must formally accept the Improvements by resolution
at a regularly scheduled council meeting.
Prior to acceptance of the Improvements by the City Council, the developer is required to submit
a two-year warranty bond for 100% of the construction costs of the sanitary sewer and watermain
improvements. At this time, the warranty bond shall be in the amount of $677,127.00 based
on the construction cost estimates previously provided by the developer’s engineer.
Please submit the warranty bond effective for two calendar years to the attention of City
Administrator Scott Johnson at Medina City Hall. City staff and the Engineer will consider a
reduction in the Letter of Credit (LOC) after the City Council formally accepts the Subdivision
Improvements and receives the warranty bond.
Sincerely,
WSB
Jim Stremel, P.E.
City Engineer
Resolution No. 2022-
November 1, 2022
Member _________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2022-##
RESOLUTION ACCEPTING PUBLIC UTILITIES WITHIN
THE RESERVE OF MEDINA 2ND ADDITION
WHEREAS, the City of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Pulte Homes of Minnesota, LLC (the “Developer”) is constructing
improvements within the platted development known as The Reserve of Medina 2nd Addition for
the purpose of developing single family lots; and
WHEREAS, the Developer and the City have previously entered into an agreement dated
June 21, 2021 (the “Development Agreement”) related to the development of the subdivision; and
WHEREAS, pursuant to the terms of the Agreement, the Developer completed
construction of sanitary sewer, water, and stormwater infrastructure improvements in 2020 and the
City subsequently accepted the sanitary sewer and water improvements as public improvements;
and
WHEREAS, the Developer has now completed construction of the street improvements
within the Subdivision (the “Street Improvements”); and
WHEREAS, the city engineer has inspected the Street Improvements, and determined that
they have been constructed in accordance with the plans incorporated in the Development
Agreement; and
WHEREAS, the estimated cost of construction of the Street Improvements was
$419,278.00; and
WHEREAS, the Development Agreement requires the Developer or the Developer’s
contractor to submit a warranty bond guaranteeing repair or replacement of any defects in the
Subdivision improvements for two years following completion as a condition of being accepted
by the City.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
as follows:
1. The City hereby accepts the Street Improvements, as public improvements upon the date
of this resolution or the date indicated on the warranty bond, whichever is later. Thereafter,
Agenda Item #5Q
Resolution No. 2022- 2
November 1, 2022
the City shall maintain the Street Improvements as public improvements, except as
provided for herein.
2. The Developer shall remain responsible to repair or replace defective portions of the Street
Improvements if they show signs of failure within two years of acceptance, normal wear
and tear excepted.
3. If the Developer fails to repair or replace defective portions of the Street Improvements as
required herein and pursuant to the Development Agreement, the City may utilize the
warranty bond for such purpose.
4. Upon receipt of the warranty bond and at the discretion of the city engineer, the City
authorizes a reduction of the letter of credit for the Improvements as described herein.
5. Acceptance of the Improvements is subject to the terms and conditions of the letter from
the city engineer dated October 26, 2022.
6. City staff and consultants are authorized and directed to take all steps necessary or
convenient to carry out the intent and purpose of this resolution.
Dated: November 1, 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.
K:\012197-000\Admin\Docs\Warranty Bond & Resolutions\2022-10-26 Request for Warranty Bond Street - Reserve of Medina 2nd - Draft.docx
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October 26, 2022
Mr. Chad Onsgard
Director of Development
Minnesota Division
Pulte Group
7500 Flying Cloud Dr, Suite 670
Eden Prairie, MN 55344
Re: The Reserve of Medina 2nd Add – Accept Street Imp. & Request Warranty Bond
City Project No.SD-17-213, WSB Project No. 012197-000
Dear Mr. Onsgard:
WSB & Associates, Inc., the City of Medina’s engineering consultant (Engineer), has observed
the installation of the street improvements (Improvements) for The Reserve of Medina 2nd
Addition development in accordance with the plans and as required by the Development
Agreement. The City Council must formally accept the Improvements by resolution at a regularly
scheduled council meeting.
Prior to acceptance of the Improvements by the City Council, the developer is required to submit
a two-year warranty bond for 100% of the construction costs of the street improvements. At this
time, the warranty bond shall be in the amount of $419,278.00 based on the construction cost
estimates previously provided by the developer’s engineer.
Please submit the warranty bond effective for two calendar years to the attention of City
Administrator Scott Johnson at Medina City Hall. City staff and the engineer will consider a
reduction in the Letter of Credit (LOC) after the City Council formally accepts the Subdivision
Improvements and receives the warranty bond.
Sincerely,
WSB
Jim Stremel, P.E.
City Engineer
MEMORANDUM
TO: Mayor and City Council
FROM: Jim Stremel, City Engineer
DATE: October 27, 2022
MEETING: November 1, 2022
SUBJECT: Arrowhead Dr Turn Lane Exp Project –Change Order & Cost Update
Background:
The Arrowhead Drive Turn Lane Expansion Project involved widening of the roadway and the
addition of a second southbound left turn lane that directs traffic to eastbound Highway 55. Other
improvements included stormwater treatment/ponding construction, a trail extension along the
east side of Arrowhead Drive, signal modifications at TH 55 to accommodate the additional turn
lanes, and a new crosswalk across the easterly quadrant of TH 55 to accommodate a more direct
connection to the existing trail system to the south.
OSI conducted a separate project to relocate and widen their driveway to accommodate the
City’s changes to Arrowhead Drive. In addition, they re-aligned the existing sanitary sewer to
accommodate the new stormwater ponding improvements. The same contractor was awarded
both the City and OSI projects and completed them to substantial completion by August 1st.
Change Order:
During construction, unknown issues were discovered and as a result, additional work by the
contractor was required. Due to this, a change order was created to accommodate the additional costs
to the project. Here is a summary of the major change order items and related work.
The project included widening Arrowhead Drive to the west into a wetland area. The project
quantities accounted for much of the excavations, but it was discovered during construction that the
poor soils were located much deeper than anticipated resulting in additional excavations and
aggregate placement (3” minus and class 5) to strengthen the subgrade.
The intent of the project was to save as much of the existing pavement as possible which required
very detailed design to accommodate the widening and drainage of the surface while leaving as much
pavement in place as possible. During the milling process, it was found that some of the pavement
was thinner in spots than anticipated resulting in the need to remove and replace additional portions
of the pavement. In addition, the pavement was thicker in other sections requiring a thicker section to
be placed to maintain uniformity. Both of these items combined created additional paving related
costs to the project.
The final change order items relate to traffic control and the signal system. The City and contractor
split the cost of jersey barriers to facilitate a safer working environment directly adjacent to
Arrowhead Drive for both the men working on the utilities and also our inspection team. The signal
Agenda Item #5R
2
item related to the need for a second traffic camera at the intersection, unknown at the time of design
and bidding.
The project was bid with line-item unit pricing. Some of the additional work already had costs
included with the original bid, but some of the change order items did not. The formal change order
relates to the items not originally included with the bid in the amount of $32,633.49. The additional
costs included with the as-bid quantities/costs amounted to $30,074.65.
Project Cost & Funding Review:
At the time of bidding, a project cost summary was provided. Now that the project has achieved
substantial completion and the change order items identified, here is a summary of the project
costs to date.
The total construction costs including the change order items is currently $672,249.14. The
engineering costs for design and construction total $195,083.00 and there was a small cost by the
City Attorney in the amount of $1,021.00. The total of these items is $868,353.14.
At the time of bid award, the total estimated project cost was $875,500.00 which included a 10%
contingency and indirect costs for legal, engineering, administrative, and financing. The City’s
2022 Capital Improvement Program (CIP) included improvements and related costs for this
project.
The City also entered into a petition and waiver with Arrowhead Holdings (owner of the OSI
property) wherein the owner agreed to contribute proportionally. The assessment amount agreed
to was 40.57% up to a maximum of $375,203 towards the project (ENR Index adjustment from
$324,570 in January 2020). Accounting for the actual project costs above, using the current ENR
Index, and 40.57% of the project costs, the final assessment amount proposed equals
$352,301.72. The resulting resolution for the proposed assessment is under separate cover
provided by the Finance Director Erin Barnhardt.
City Council Action Requested:
Approve the Change Order for the Arrowhead Drive Turn Lane Expansion Project in the amount
of $32,633.49.
STATE AID FOR LOCAL TRANSPORTATION Rev. February 2018
CHANGE ORDER Page 1 of 1
SP/SAP S.A.P. 250-112-001 Minn. Project No. Change Order No. 1
Project Location: Arrowhead Drive Turn Lane Expansion Project
Local Agency: City of Medina Local Project No. N/A
Contractor: New Look Contracting, Inc. Contract No. 017326-000
Contractor Address: 14045 Northdale Boulevard Rogers, MN 55374
Total Change Order Amount: $32,633.49
Description: Additional work related to mitigating poor underlying soil conditions where roadway was widened, additional signal
camera improvements, and to address issues related to varying thickness of existing pavement unknown at the time of planned
milling and bituminous paving.
Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.)
Group/Funding
Category** Item No. Description Unit Unit Price + or –
Quantity
+ or –
Amount $
STATE AID
ROADWAY 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $19.77 167 $3,301.59
STATE AID
ROADWAY 2106.609 AGGREGATE BACKFILL TON $50.00 70 $3,500.00
STATE AID
ROADWAY 2118.509 AGGREGATE SURFACING CLASS 1 TON $130.00 40 $5,200.00
STATE AID
ROADWAY 2231.509 BITUMINOUS PATCHING MIXTURE TON $330.00 32 $10,560.00
STATE AID
ROADWAY 2232.603 MILL BITUMINOUS PAVEMENT
(SPECIAL) L F $9.20 32 $294.40
STATE AID
ROADWAY 2533.503 PORTABLE PRECAST CONC BARRIER
DES 8337 L F $10.00 150 $1,500.00
STATE AID
ROADWAY 2565.616 REVISE SIGNAL SYSTEM SYS $8,277.50 1 $8,277.50
Net Change This Change Order $32,633.49
**Group/funding category is required for federal aid projects
Due to this change, the contract time: (check one)
( ) Is NOT changed ( ) May be revised as provided in MnDOT Specification 1806
Number of Working Days Affected by this Contract Change:
Number of Calendar Days Affected by this Contract Change:
Approved By Project Engineer: Date:
Print Name: Phone:
Approved By Contractor: Date:
Print Name: Phone:
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the District State Aid Engineer
is for FUNDING PURPOSES ONLY and for compliance with State and Federal Aid Rules/Policy. Eligibility does not
guarantee funds will be available.
This work is eligible for: ___ Federal Funding ___ State Aid Funding ___ Local funds
District State Aid Engineer: Date:
MEMORANDUM
TO: Mayor and City Council Members
FROM: Erin Barnhart, Finance Director
DATE: October 26, 2022
SUBJ: Arrowhead Drive Assessment Resolution
As part of the Arrowhead Drive project, Arrowhead Holdings, LLC (OSI) executed a petition
and waiver agreement, dated July 1, 2020. The terms and conditions allow for the City to
specially assess Arrowhead Holdings, LLC over a term not under ten years for 40.57125 percent
of the completed project cost with a not to exceed cost of $375,203. The petition and waiver
agreement also waives hearings and notices of hearings on the construction and levying of
special assessments against the benefited property.
The completed project costs for the Arrowhead Drive project have been calculated at
$868,353.14, of which, $352,301.72 will be assessed to Arrowhead Holdings, LLC. Pending
approval of the resolution, the assessment will be levied beginning in 2023, unless prepaid by
November 15, 2022.
Agenda Item #5S
Resolution No. 2022
November 1, 2022
Member _________________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. _________
RESOLUTION ADOPTING ASSESSMENT ROLL FOR
ARROWHEAD ROAD IMPROVEMENTS
WHEREAS, Arrowhead Holdings, LLC (the “Owner”) is fee owner of Hennepin County
PID 0311823440009, which is legally described as Lot 1, Block 1, Cavanaughs Meadowwoods
Park Third Addition, Hennepin County, Minnesota (the “Property”); and
WHEREAS, the city of Medina (the “City”) has constructed substantial improvements to
portions of Arrowhead Drive adjacent to the Property and south through the intersection of
Arrowhead Drive and T.H. 55 (the “Arrowhead Project”), which serves and benefits the Property;
and
WHEREAS, the Owner previously executed a petition and waiver agreement, dated July
1, 2020 and recorded in the office of the Hennepin County Recorder as Document No. A10812789
(the “Petition and Waiver Agreement”), which waives hearings and notices of hearings on the
construction of the Arrowhead Project and the levying of a special assessment against the Property
for the Arrowhead Project; and
WHEREAS, the Arrowhead Project is now complete and total costs have been calculated
at $868,353.14, and so the City now intends to specially assess the Property for 40.57125 percent
of that total in accordance with the terms and conditions of the Petition and Waiver Agreement.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, as follows:
1. The Property shall be assessed $352,301.72 for the Arrowhead Project. Such assessment
shall be payable in equal annual installments extending over a period of ten years, the first
installment to be payable on or before the first Monday in January 2023 and shall bear
interest at the rate of 5.0% percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2023. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
2. The Owner may, at any time prior to certification of the assessment to the county auditor,
pay the whole of the assessment with interest accrued to the date of payment, directly to
the city, except that no interest shall be charged if the entire assessment is paid within 30
days following adoption of this resolution; and the Owner may, at any time thereafter, pay
to the city the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Except for in 2022, such payment
Resolution No. 2022
November 1, 2022
must be made before November 15 or interest will be charged through December 31 of the
next succeeding year.
3. City staff shall forthwith transmit a certified duplicate of this assessment resolution to the
county auditor so that the assessment adopted and memorialized herein can be extended on
the proper tax list of the county, and such assessment shall thereafter be collected and paid
over in the same manner as other municipal taxes.
Dated: November 1, 2022
Kathleen Martin, Mayor
ATTEST:
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.
1
TO: Honorable Mayor and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: October 26, 2022
MEETING: November 1, 2022
SUBJECT: Donation Agreement for Grandstand at Hamel Legion Park
The Hamel Athletic Club desires to construct and donate to the City of Medina a new
grandstand structure and associated improvements on Paul Fortin Memorial Field at
Hamel Legion Park. Enclosed is the donation agreement.
MEMORANDUM
Agenda Item #5T
1
ME230-786-832700.v2
DONATION AGREEMENT
1. PARTIES. This Donation Agreement (the "Agreement") is made and entered into this 1st
day of November, 2022, by and between the City of Medina, a Minnesota municipal corporation,
located at 2052 County Rd 24, Medina, MN 55340 ("Donee"), and HAMEL ATHLETIC CLUB,
INC., a Minnesota nonprofit corporation located at PO Box 62, Hamel, MN 55340 ("Donor")
(each a "Party," collectively, the "Parties").
2. RECITALS AND PURPOSE.
2.1. The Donee owns certain real property located at 3200 Mill Street, Medina, MN
55340, which contains a baseball field known as Paul Fortin Memorial Field (the
“Ballfield”).
2.2. The Donor desires to construct and donate to the Donee a new grandstand
structure and associated improvements (the “Grandstand”) that will serve the
Ballfield pursuant to that certain conditional use permit approved by the Donee via
City Resolution No. ________________ (the “City Approval”).
2.3. The Donor intends to construct the Grandstand pursuant to plans that were
previously provided to and approved by the Donee (the “Plans”), which are
specifically referenced in the City Approval.
2.4. Accordingly, the Donor agrees to construct and donate the Grandstand to the
Donee in accordance with the City Approval and all terms and conditions
contained in this Agreement.
In consideration of the mutual promises set forth in this Agreement, the Parties covenant and
agree to the terms and conditions set forth herein.
3. CONSTRUCTION OF GRANDSTAND; LIMITED LICENSE. The Donor hereby agrees to
construct the Grandstand and all associated improvements on the Ballfield property, on or
before September 29, 2023, and in accordance with the City Approval and this Agreement. For
that purpose, the Donee grants to the Donor, its agents and contractors a nonexclusive limited
use license over and across those portions of the Ballfield property located at 3200 Mill Street
reasonably necessary for said construction, solely for the purpose of constructing the
Grandstand and in exchange for the Donor’s covenants and promises contained in this
Agreement. The Donor is solely responsible for all costs and expenses associated with
constructing the Grandstand and adhering to all permits and approvals associated therewith,
and the Donee shall in no way be responsible for any such costs and expenses. This
Agreement shall not be construed to afford any other person or entity with any authority to use
the Ballfield or any other real or personal property owned by the Donee for any purpose that
they would not otherwise be entitled to absent the Agreement. Notwithstanding this Agreement,
the Donee retains all rights and access to the Ballfield property that it is otherwise entitled to,
including, but not limited to, the ability to access and maintain its park and all appurtenances
and facilities located thereon. The Donor shall provide the Donee with a construction schedule
and provide contact information to the Donee of a Donor representative that will communicate
with the Donee at all reasonable times and as it relates to the Grandstand construction.
4. INSURANCE. The Donor agrees to require and ensure that any entity or contractor performing
2
ME230-786-832700.v2
the construction activities contemplated herein procures and maintains, throughout the
duration of said work, commercial general liability insurance providing coverage for bodily
injury and personal property damage. Liability limits shall not be less than $500,000 when the
claim is one for death by wrongful act or omission or for any other claim and $1,500,000 for
any number of claims arising out of a single occurrence. All policies required herein must
name the Donee as an additional insured and provide for 30 days’ written notice to the Donee
in the event of cancellation or modification of the policy. A copy of the insurance certificate
must be provided to the Donee prior to any work being performed pursuant to this Agreement.
5. TERMINATION. This Agreement shall automatically terminate upon the Donor’s completion
of construction of the Grandstand and written acceptance thereof by the Donee. Such written
acceptance shall be provided by the Donee via resolution, in accordance with Minnesota
Statutes, section 465.03, following the satisfactory construction of the Grandstand in
accordance with this Agreement. Following such written acceptance, the Grandstand shall
become the property of the Donee. Notwithstanding the foregoing, should either Party breach
any material term of this Agreement, then the non-breaching Party may terminate this
Agreement only after the other Party with 30 days’ written notice of the breach and an
opportunity to cure.
6. RELATIONSHIP; THIRD PARTIES. Notwithstanding any provision to the contrary in this
Agreement, the Parties agree that their relationship with respect to the donation
contemplated herein is one of donor and donee and licensor and licensee only, and no
provision of this Agreement shall be construed to create any other type of status or
relationship between the Parties. Neither Party nor its agents or employees are the
representatives of the other Party for any purpose and neither Party has the power or
authority as agent, employee or any other capacity to represent, act for, bind or otherwise
create or assume any obligation on behalf of the other Party for any purpose whatsoever.
Third parties shall have no recourse against the Parties under this Agreement.
7. HOLD HARMLESS; INDEMNIFICATION. Any and all claims that arise or may arise against
the Donor, its officers, employees, agents or contractors while engaged in the construction of
the Grandstand and any other activity contemplated herein shall in no way be the obligation of
the Donee. Furthermore, the Donor shall indemnify, hold harmless and defend the Donee, its
officials, employees, contractors and agents from and against any and all liability, loss, costs,
damages, expenses, claims, actions or judgments, including reasonable attorneys’ fees which
the Donee, its officers, employees, agents or contractors may hereinafter sustain, incur, or be
required to pay arising out of any act or failure to act by the Donor, its officers, employees,
agents or contractors or arising out of or by reason of this Agreement. Nothing in this
Agreement shall be construed as a waiver by the Donee of any immunities, defenses, or other
limitations on liability to which the Donee is entitled by law, including but not limited to the
maximum monetary limits on liability established by Minnesota Statutes, chapter 466 or
otherwise. This paragraph 7 shall survive any termination of this Agreement irrespective of
the reason or method of such termination.
Notwithstanding any other provisions of this Agreement, neither Party shall be liable to the
other for any breach of this Agreement or other frustration of performance of this Agreement
caused by unavoidable delays. Unavoidable delays shall mean delays, outside the control
3
ME230-786-832700.v2
of the Party claiming its occurrence, which are the direct result of strikes, other labor
troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to
the Project, litigation commenced by third parties which, by injunction or other similar judicial
action or by the exercise of reasonable discretion directly results in delays, or acts of any
federal, state or local governmental unit (other than the City) which directly result in delays.
8. LIENS AND ENCUMBRANCES. The Donor agrees that it shall not and will not permit or
suffer any liens or encumbrances to be placed against the Donee’s property, nor shall it
during the term of this Agreement engage in any activity that would cause or result in the
placement of any liens or encumbrances against such property.
9. COMPLIANCE WITH LAWS. The Donor agrees to abide by and conform to all laws, rules,
and regulations, as it relates to the activities contemplated herein, including, but certainly
not limited to, all permitting requirements of the Minnesota State Building Code. This
Agreement is not a building permit and should not be interpreted as such.
10. ASSIGNMENT. The provisions of this Agreement will be binding on the Parties' successors
and assigns. Any assignment shall require the prior written consent of the other Party. Such
consent may not be unreasonably withheld.
11. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be
deemed to have been sufficiently given for all purposes if sent by First Class United States
mail, postage and fees prepaid, addressed to the Party to whom such notice is intended to
be given at the address set forth in paragraph 1 of this Agreement. Such notice shall be
deemed to have been given when deposited in the U.S. Mail.
12. INCORPORATION. All documents expressly referenced herein, including the City Approval
and the Plans, are, by reference, incorporated into this Agreement as if fully set forth herein.
13. PARAGRAPH HEADINGS. The headings of the paragraphs are set forth only for
convenience and reference, and are not intended in any way to define, limit, or describe the
scope or intent of this Agreement.
14. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the Parties and there are no oral or collateral agreements or understandings. This
Agreement may be amended only by an instrument in writing signed by the Parties.
15. WAIVER OF BREACH. The waiver by any Party of a breach of any term or provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach by any
Party.
16. GOVERNING LAW. The construction and interpretation of this Agreement and any disputes
arising hereunder (whether for breach of contract, tortuous conduct or otherwise) shall be
governed by and construed in accordance with the internal laws of the State of Minnesota
without giving reference to its conflict of laws principles. In the event any suit, action or
proceeding is brought by either Party with respect to this Agreement or the matters
contemplated herein, such action, suit or proceeding shall be brought in the state courts located
in Hennepin County, Minnesota and both Parties hereby accept, consent and submit to the
4
ME230-786-832700.v2
exclusive jurisdiction of such court for the purpose of any such action, suit or proceeding.
17. SEVERABILITY. If any provision of this Agreement is declared to be invalid, void or
unenforceable by a court of competent jurisdiction, such provision shall be deemed to be
severable, and all other provisions of this Agreement shall remain fully enforceable, and this
Agreement shall be interpreted in all respects as if such provision were omitted.
18. AUTHORITY. The Parties represent that they each have full power and authority to execute
this Agreement and to carry out the terms and conditions contemplated herein. Additionally,
the Parties represent that the person or persons executing this Agreement are authorized to
bind each respective Party to the terms and conditions of this Agreement.
[signature page follows]
5
ME230-786-832700.v2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date
and year written above.
Donor:
HAMEL ATHLETIC CLUB, INC.
Donee:
CITY OF MEDINA
By: __________________________ By: _________________________
Name: __________________________ Name: Kathleen Martin
Title: __________________________ Title: Mayor
By: __________________________
Name: Scott T. Johnson
Title: City Administrator
1
TO: Honorable Mayor and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: October 27, 2022
MEETING: November 01, 2022
SUBJECT: 2022/2024 Snow Removal Services for Hamel Community Building
The City has engaged Hunzy’s LLC for continued snow removal service at the Hamel
Community Building for the period of 2022 through 2024. The agreement would again
include a 1-3-inch snowfall basic rate, as well as a percentage rate per-inch for any
snowfall over 3 inches. The proposed increase for these continued services is as follows:
HUNZY’S LLC 1-3” SNOWFALL BASIC RATE
2021/2022 RATE $90.00
2022/2024 RATE $99.00
Because Hunzy’s LLC has continued to do a great job with snow removal at the Hamel
Community Building, it is my recommendation to enter into a contract with them once
again.
MEMORANDUM
Agenda Item #5U
1
SNOW REMOVAL SERVICES AGREEMENT
This Agreement is made this 1st day of November 2022, by and between Hunzy’s LLC, 23315
Larsen Road, Hamel, MN 55340, a Minnesota corporation (the “Contractor”) and the City of
Medina, a Minnesota municipal corporation (the “City”).
Recitals
1. The City has been authorized to enter into a contract for snow removal services; and
2. The City has approved the contract for snow removal services with the Contractor; and
3. The parties wish to define the scope of services and terms of their agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
Terms
1.0 SCOPE OF SERVICES. The Contractor will perform snow removal services for the City.
“Snow removal services” will consist of walk clearing and snow plowing services of parking lot at
the Hamel Community Building, 3200 Mill Drive, as well as north entrance sidewalks, as identified
in Exhibit A. Snowplowing and walk clearing services at Community Building shall occur when
accumulation exceeds 1” (inch) as measured at site. Due to ongoing activities, the Community
Building parking lot must be cleared by 8:00 a.m.
2.0. TERM. The term of this contract will be from November 1, 2022 to November 1, 2024.
3.0 COMPENSATION. The City shall compensate the Contractor in the basic rate amount of
$99.00 per snowfall in excess of 1” but less than 3”. The City shall compensate the Contractor in
the amount of an additional 12% of the basic rate amount, for each snowfall inch that exceeds 3”.
Snowfall amounts shall be determined by the Contractor and verified by the City during review of
the submitted invoices. Snow removal services will be provided by the Contractor at the Hamel
Community Building, 3200 Mill Drive and Hamel Legion Park on Exhibit A attached hereto.
3.01 The Contractor shall pay for all licenses and permits. These costs shall be
included in the bid cost. The City is exempt from sales tax.
4.0 INDEPENDENT CONTRACTOR.
4.01 Both the Contractor and the City acknowledge and agree that the Contractor
is an independent contractor and not an employee of the City. Any employee or
subcontractor who may perform services for the Contractor in connection with this
Agreement is also not an employee of the City. The Contractor understands that the City
will not provide any benefits of any type in connection with this Agreement, including but
not limited to health or medical insurance, worker’s compensation insurance and
unemployment insurance, nor will the City withhold any state or federal taxes, including
income or payroll taxes, which may be payable by the Contractor.
2
4.02 The Contractor will supply and use its own equipment and tools to complete
the services under this Agreement.
4.03 The Contractor acknowledges that any general instruction it receives from
the City has no effect on its status as an independent contractor.
5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the
City from claims and liability for injury or damage to persons or property for all work performed by
the Contractor and its respective employees or agents under this Agreement. The Contractor shall
name the City as an additional insured under its commercial general liability policy in limits
acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall
provide evidence to the City that acceptable insurance coverage is effective.
6.0 WORKER’S COMPENSATION.
6.01 The Contractor will comply with the provisions of the Minnesota worker’s
compensation statute as an independent contractor before commencing work under this
Agreement.
6.02 The Contractor will provide its own worker’s compensation insurance and will
provide evidence to the City of such coverage before commencing work under this
Agreement.
7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its
officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and
expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of
bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s
performance under this Agreement.
8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement
will, in all respects, be controlled and governed by the laws of Minnesota.
9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of
another individual or company to provide services under this Agreement without first obtaining the
express written consent of the City.
10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both parties.
11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its
entitlement to any immunity under statute or common law.
12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason.
3
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
written above.
CITY OF MEDINA
By __________________________________
Kathleen Martin, Mayor
By__________________________________
Caitlyn Walker, City Clerk
HUNZY’S LLC
By____________________________
Owner
17
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M
October 26, 2022
Honorable Mayor and City Council
City of Medina
2052 County Road 24
Medina, MN 55340
Re: Water Treatment Plant Filters 1 and 2 Rehabilitation
City of Medina, MN
WSB Project No. 020695-000
Dear Mayor and Council Members:
Bids were received for the above-referenced project on Tuesday, October 4, 2022, and were
opened and read aloud. Two bids were received. The bids were checked for mathematical
accuracy.
The Bid Form included three bid alternates. Bid Alternate No. 1 includes an additional price to
blast off the existing paint inside each of the filter cells and underdrains and apply new state-of-
the art paint systems that should last another 20 years until the next filter rehabilitation
project. The condition of the existing paint system s will be inspected after the existing filter media
has been removed from each filter cell. Considering that the existing paint system on the interior
of the filters and underdrains is almost 18 years old, the probability that it will be discovered to be
in excellent condition and last another 20 years until the next filter rehabilitation project is very
unlikely. Therefore, we recommend accepting Bid Alternate No. 1 for an additional price of
$121,825.
Bid Alternates 2 and 3 include additional bid prices for the disposal of the existing filter media
depending on the radium and arsenic concentrations to be tested in the existing filter media. The
existing media will be tested for radium and arsenic in accordance with Minnesota Rule 7035.00,
subpart 100 as it relates to the disposal of spent filter media and solids. Bid Alternate 2 includes
an additional price to mix the existing filter media with imported sand, if needed, to reduce the
radium and/or arsenic concentrations in the media to acceptable levels for landfilling. Bid
Alternate 3 includes an additional price to mix the existing filter media with imported sand, if
needed, to reduce the radium and/or arsenic concentrations in the media to acceptable levels for
recycling and storing (not landfilling) at Public Works for use on future city street projects. Bid
Alternates 2 and 3 were bid on a unit price basis depending on the quantity of imported sand that
will be required to be mixed with the existing filter media to reduce the radium and arsenic levels
to acceptable levels for either landfilling or recycling for future city street projects. Until the testing
results for the radium and arsenic concentrations are confirmed in the existing filter media, we
recommend accepting the higher priced Bid Alternate 2 to have the existing filter media mixed
with sand and landfilled for an additional estimated price of $92,400 in lieu of accepting Bid
Alternate 3 at this time. The actual price for Bid Alternate 2 will be dependent on the quantities of
imported sand required for proper mixing and dilution of the existing filter media. If the radium
and arsenic concentrations in the existing filter media are determined to be low enough for
recycling for future city street projects, the City will have the option to change to the lower priced
Bid Alternate 3 for an estimated bid price of $33,660. The actual price of Bid Alternate 3 is also
dependent on the quantity of imported sand required for proper mixing and dilution of the existing
filter media to reduce the radium and arsenic concentrations to acceptable levels for recycling.
K:\020695-000\Admin\Construction Admin\Bidding\020695-000 LOR 102622.docx
Agenda Item #7A
Honorable Mayor and City Council
City of Medina
October 26, 2022
Page 2
The preliminary estimated total project cost for budgeting purposes is summarized in the following
table:
Construction Cost
Base Bid $562,982.00
Bid Alternate 1 $121,825.00
Bid Alternate 2 $92,400.00
Subtotal Construction $777,207.00
Potential Change Orders (5%) $38,860.35
Total Estimated Construction Price (Adjustable) $816,067.35
Engineering Design, Bidding, and Construction $25,820.00 (*)
Total Preliminary Estimated Project Cost $841,887.35
Engineering Design, Bidding, and Construction accounts for 3.17% of the total estimated
construction price.
We recommend that the City Council consider these bids and award a contract to Shank
Constructors, Inc, Brooklyn Park, MN, for the Base Bid, Alternate 1 and Alternate 2 in the amount
of $777,207.00 based on the results of the bids received.
Sincerely,
WSB
Greg Johnson, PE
Director of Water/Wastewater
Attachments
cc: Ursinio Puga, WSB
kkp
Resolution No. 2022-
November 1, 2022
Member ______ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. ____
AUTHORIZING INTERFUND LOAN FOR
ADVANCE OF CERTAIN WATER TREATMENT PLANT REHBILITATION COSTS
BE IT RESOLVED By the City Council of the City of Medina, Minnesota (the “City”) as follows:
Section 1. Background.
1.01. The City plans on incurring costs related to a construction project rehabilitating media
filters in the water treatment plant in the City (the “Project Costs”).
1.02. The City intends to advance funds from one or more City funds to pay the Project Costs,
and proposes to designate such advances as an interfund loan in accordance with the terms of this resolution.
1.03. The City may determine to issue taxable general obligation bonds or other obligations in
the future to pay the interfund loan authorized pursuant to this resolution.
1.04. If the City does not issue obligations to pay the interfund loan, the City will pay the
Interfund Loan with water and sewer utility user fees and other funds of the City if needed.
Section 2. Repayment of Interfund Loan.
2.01. The City shall borrow funds from various sources to pay all or a portion of the Project
Costs in a principal amount of up to $850,000 (the “Interfund Loan”). Interest shall accrue on the principal
amount from the date of disbursement of the Interfund Loan at the rate of 5% per annum.
2.02. The Interfund Loan is payable from (i) the proceeds of obligations the City may issue in
the future to pay the Interfund Loan; (ii) water/sewer utility fees; and (ii) from any other revenues available
to the City.
2.03. Principal and interest payments (the “Payments”) on the Interfund Loan shall be made at
the time from any revenue sources that are available to make installment payments. Payments will be
credited to the respective City fund from which the Interfund Loan was drawn. All Payments shall be
applied first to accrued interest, and then to unpaid principal of the Interfund Loan.
2.04. The principal sum and all accrued interest payable under the Interfund Loan is pre-payable
in whole or in part at any time by the City without premium or penalty.
2.05. The City may at any time make a determination to forgive the outstanding principal amount
and accrued interest on the Interfund Loan to the extent permissible under law.
2.06. The City may from time to time amend the terms of this Resolution to the extent permitted
by law, including without limitation, amendment to the payment schedule and the interest rate.
Resolution No. 2022-
November 1, 2022
Section 3. Effective Date. This resolution is effective upon approval.
Dated: November 1, 2022
Kathleen Martin, Mayor
Attest:
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.
G&S-K Family LLC–1400/1420 Tamarack Dr Page 1 of 4 November 1, 2022
Lot Line Rearrangement and Easement Vacation City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: October 26, 2022
MEETING: November 1, 2022 City Council
SUBJECT: G&S-K Family LLC – Lot Line Rearrangement and Easement Vacation –
1400 and 1420 Tamarack Drive – Continued Public Hearing Background
Gail Knappenberger, as general partner of G & S-K Family LLC, fee owner of 1400 and 1420
Tamarack Drive, has requested a lot line rearrangement between two adjacent properties which
they own. The applicant has also requested that the City vacate drainage and utility easements
along the current property line between the parcels and to replace them with easements adjacent
to the new proposed property line.
The City Council opened the public hearing related to vacation of the drainage and utility
easement during the October 18 meeting and continued the hearing to the November 1 meeting.
Notice for the hearing had been published for that meeting, but the applicant did not provide all
necessary information for the meeting. The applicant has since submitted additional information.
Lot Line Rearrangement
The subject property is located east of Tamarack Drive, south of County Road 24. The parcels
are accessed by a shared driveway off of Tamarack Drive. One additional property (1422
Tamarack Drive) is also served by this shared driveway. Both parcels are wooded and each
contains an existing single family home. There are wetlands in the southwestern and
northeastern area of the property.
The subject site and surrounding properties are guided and zoned Rural Residential. The aerial
at the top page shows the lot lines which would be changed as dashed, and the “new” property
line in red. Parcel A (1400 Tamarack Drive), is currently 2 acres in size and does not meet
current lot size standards. The proposed rearrangement would increase the size of the smaller
lot, with the larger lot (Parcel B – 1420 Tamarack Drive) reducing in size, but still meeting
current standards. The proposed parcels otherwise meet dimensional standards.
RR requirement Parcel A
1400 Tamarack Dr
Parcel B
1420 Tamarack Dr
Minimum Lot Area 5 acre cont. suitable 4.2 acre cont. suitable 5.1 acre cont. suitable
Gross Area NA 6.3 acres 11.6 acres
Lot Width 300 feet 760 feet 323 feet
Lot Depth 300 feet 352 feet 1665 feet
Front Setback 50 feet 57 feet (west) 73 feet (outlot)
Side Setback 50 feet 68 feet (south)
587 feet (north)
500 feet (west)
244 feet (east)
Rear Setback 50 feet 190 feet (east) 106 feet (south)
MEMORANDUM
Agenda Item #7B
G&S-K Family LLC–1400/1420 Tamarack Dr Page 2 of 4 November 1, 2022
Lot Line Rearrangement and Easement Vacation City Council Meeting
The applicant has provided evidence of compliant primary and secondary septic location on each
property. Staff requested this information to confirm that transferring some of the land would
not result in one of the lots not having two sites.
The City’s subdivision ordinance establishes the following criteria: “the City shall deny approval
of a preliminary or final plat if one or a combination of the following finding are made:
(1) That the proposed subdivision is in conflict with the general and specific plans of the city, or
that the proposed subdivision is premature, as defined in Section 820.28.
(2) That the physical characteristics of this site, including but not limited to topography,
vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such that
the site is not suitable for the type of development or use contemplated.
(3) That the site is not physically suitable for the proposed density of development or does not
meet minimum lot size standards.
(4) That the design of the subdivision or the proposed improvements are likely to cause substantial
environmental damage.
(5) That the design of the subdivision or the type of improvements are likely to cause serious
public health problems.
(6) That the design of the subdivision or the type of improvements will conflict with public or
private streets, easements or right-of-way.”
G&S-K Family LLC–1400/1420 Tamarack Dr Page 3 of 4 November 1, 2022
Lot Line Rearrangement and Easement Vacation City Council Meeting
Parcel A is accessed through a driveway over Parcel B. The lot line rearrangement will require
an adjustment to the driveway easement benefitting Parcel A. Staff recommends this as a
condition of approval.
As noted, Parcel A is smaller than current lot size requirements, and is proposed to be increased
in size. Parcel A would still fall short of the RR standard of 5-acre suitable soils, but the
rearrangement would bring closer to compliance. As such, staff recommends approval of the lot
line rearrangement.
Easement Vacation
There are existing drainage and utility easements adjacent to the property lines of each lot. Upon
approval of the lot line rearrangement, a portion of these easements would run through the
interior of the rearranged lots. The applicant has requested that the City vacate these portions of
the easement so that they do not interfere with construction on the lots.
The applicant proposes to grant a replacement drainage and utility easement adjacent to the new
property line.
According to Minnesota Statute 462.358 subd. 7: “The governing body of a municipality may
vacate any publicly owned utility easement…which are not being used for sewer, drainage,
electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in
the same manner as vacation proceedings are conducted for streets…”
According to Minnesota Statutes 412.851, “The council may by resolution vacate any street,
alley, public grounds, public way, or any part thereof, on its own motion or on petition of a
majority of the owners of land abutting on the street, alley, public grounds, public way, or
part thereof to be vacated. When there has been no petition, the resolution may be adopted
only by a vote of four-fifths of all members of the council. No vacation shall be made unless
it appears in the interest of the public to do so after a hearing preceded by two weeks'
published and posted notice.”
Notice was published for a public hearing at the October 18 meeting. The Council opened the
hearing and continued the hearing to the November 1 meeting. The Council should finalize the
public hearing before considering the vacation.
Staff believes the replacement easements along the new property lines better serve the interests
of the public and recommends adoption of the resolution vacating the portion of the easements
along the “old” property line.
Potential Action
Staff recommends that the Council first continue and finalize the public hearing related to the
easement vacation. Following the hearing, with regard to the lot line rearrangement, if the
Council does not make any of the findings noted for denial above, staff would recommend the
following action:
Move to adopt the resolution approving a lot combination as attached to the staff
report.
G&S-K Family LLC–1400/1420 Tamarack Dr Page 4 of 4 November 1, 2022
Lot Line Rearrangement and Easement Vacation City Council Meeting
If the Council finds that the vacation of the portion of the easement adjacent to the former
property line is in the public interest because the easement adjacent to the new lot line better
serves the public interest, staff recommends the following action:
Move to adopt the resolution vacating drainage and utility easements at 1400
Tamarack Drive and 1420 Tamarack Drive.
Attachments
1. Draft Lot Line Rearrangement resolution
2. Draft Easement Vacation resolution
3. Survey displaying lots as proposed and new easements
Resolution No. 2022-##
November 1, 2022
Member ________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-##
RESOLUTION APPROVING LOT LINE REARRANGEMENT OF
1400 TAMARACK DRIVE AND 1420 TAMARACK DRIVE
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, G & S-K Family, LLC, a Florida limited liability company (the “Owner”)
owns two parcels of land located at 1400 Tamarack Drive (“Parcel A”) and 1420 Tamarack
Drive (“Parcel B”), which are legally described in Exhibit A, attached hereto; and
WHEREAS, Parcel A and Parcel B are collectively referred to herein as the “Property”;
and
WHEREAS, the Owners have requested approval of a lot line rearrangement to adjust the
property boundary between Parcel A and Parcel B such that the parcels would be legally described
in Exhibit B, attached hereto; and
WHEREAS, the City Council reviewed the requested lot line rearrangement at the
November 1, 2022 meeting and reviewed information and recommendation provided by City
staff and accepted testimony of interested parties; and
WHEREAS, following such review the City Council made the following findings:
1) The proposed rearrangement is not in conflict with the general and specific plans of
the City and is not premature.
2) Although Parcel A would not meet minimum lot size requirements as proposed, the
proposed rearrangement results in the lot being increased in size and closer to
compliance. This improvement serves the purposes of the city zoning and
subdivision regulations.
3) The lots resulting from the rearrangement are suitable for the type of use
contemplated and the rearrangement is otherwise not in conflict with the findings
noted in Subd. 10 of Section 820.21 of the City Code.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves the lot line rearrangement such that the resulting parcels shall be legally
described as shown in Exhibit B, attached hereto, subject to the following conditions:
1) The Owner shall execute and record public drainage and utility easements along the
newly created perimeter of each lot.
Resolution No. 2022-## 2
November 1, 2022
2) The Owner shall execute and record a driveway easement, in a form and of substance
satisfactory to the City Attorney, to ensure adequate and perpetual access for the new
Parcel A over the new Parcel B.
3) The Owner shall abide by the directions of the City Attorney related to title and recording
matters.
4) The lot line rearrangement shall be effectuated within 180 days of the date of this
resolution or the approval shall be considered void, unless a written request for time
extension is submitted by the applicant and approved by the City Council.
5) The Owner shall pay to the City a fee in the amount sufficient to pay for all costs
associated with the review of the lot line rearrangement.
Dated:
______________________________
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:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2022-## 3
November 1, 2022
EXHIBIT A
Existing Legal Description of the Property
Parcel A
Lot 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin County,
Minnesota.
Area: 88,924 square feet ~ 2.04 acres
Parcel B
Lot 2, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin County,
Minnesota.
Area: 739,435 square feet ~ 16.98 acres
Resolution No. 2022-## 4
November 1, 2022
EXHIBIT B
Proposed Legal descriptions of the Property
Parcel A
That part of Lots 2 and 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof,
Hennepin County, Minnesota, lying east of a line described as commencing at the southeast corner of said
Lot 3; thence on an assumed bearing of South 89 degrees 50 minutes 42 seconds West along the south
line of said Lot 3 a distance of 352.48 feet to the shared south corner of said Lots 2 and 3, which is also
the actual point of beginning of the described line; thence North 00 degrees 00 minutes 15 seconds West a
distance of 759.79 to the north line of said Lot 2 and there terminating.
Area: 272,387 square feet ~ 6.25 acres
Parcel B
That part of Lots 2 and 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof,
Hennepin County, Minnesota, lying west of a line described as commencing at the southeast corner of
said Lot 3; thence on an assumed bearing of South 89 degrees 50 minutes 42 seconds West along the
south line of said Lot 3 a distance of 352.48 feet to the shared south corner of said Lots 2 and 3, which is
also the actual point of beginning of the described line; thence North 00 degrees 00 minutes 15 seconds
West a distance of 759.79 to the north line of said Lot 2 and there terminating.
Area: 555,972 square feet ~ 12.76 acres
Resolution No. 2022-##
November 1, 2022
Member ________ introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-##
RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AT
1400 TAMARACK DRIVE AND 1420 TAMARACK DRIVE
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, G & S-K Family, LLC, a Florida limited liability company (the “Owner”)
owns two parcels of land located at 1400 Tamarack Drive (“Parcel A”) and 1420 Tamarack
Drive (“Parcel B”), which are legally described in Exhibit A, attached hereto; and
WHEREAS, Parcel A and Parcel B are collectively referred to herein as the “Property”;
and
WHEREAS, the City has recently granted conditional approval of the Owner’s request to
rearrange the property line between Parcel A and Parcel B such that the parcels would be legally
described as shown in Exhibit B, attached hereto; and
WHEREAS, drainage and utility easements on the Property were dedicated to the public on
the plat of Maple Ridge Estates, including perimeter easements adjacent to the property lines; and
WHEREAS, the requested rearrangement of the property line between Parcel A and Parcel
B will result in a portion of said easements which were previously adjacent to said property line to
no longer be so; and
WHEREAS, the Owner has requested that the City vacate a portion of the drainage and
utility easements which are no longer adjacent to a property line (the “Subject Area”), as legally
described in Exhibit C, attached hereto; and
WHEREAS, the Owner is required to grant drainage and utility easements to the public
adjacent to the newly rearranged property line between Parcel A and Parcel B; and
WHEREAS, pursuant to Minn. Stat. § 462.358 subd. 7 and Minn. Stat. § 412.851, the City
scheduled a public hearing to consider the proposed vacation; and
WHEREAS, notice of the public hearing was posted, published in the official newspaper
and provided to the owners of affected properties, all in accordance with law; and
Resolution No. 2022-## 2
November 1, 2022
WHEREAS, the City Council held a public hearing on the proposed vacation on October
18, 2022 and continued said hearing on November 1, 2022 at which hearing all interested parties
were heard; and
WHEREAS, following the public hearing, the City Council determined that the
replacement easements adjacent to the new property line location better serve the needs of the
public; and
WHEREAS, upon such finding, the City Council determined that the proposed vacation of
the Subject Area is in the public interest.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota as follows:
1. The drainage and utility easement within the Subject Area upon Property as
described in Exhibit C is hereby vacated, subject to the Owner’s requested lot line
rearrangement being effectuated and the execution of a replacement easement as
recommended by City staff.
2. Upon satisfaction of the above conditions, the city administrator or his designee is
authorized and directed to prepare and present to the Hennepin County Auditor a
notice that the City has completed these vacation proceedings and record the
vacation of the easement within the Subject Area as described in Exhibit C with
Hennepin County in coordination with recordation of the replacement easement as
described herein.
Dated:
______________________________
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:
And the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2022-## 3
November 1, 2022
EXHIBIT A
Legal Description of the Property Prior to Rearrangement
Parcel A
Lot 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin County,
Minnesota.
Area: 88,924 square feet ~ 2.04 acres
Parcel B
Lot 2, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin County,
Minnesota.
Area: 739,435 square feet ~ 16.98 acres
Resolution No. 2022-## 4
November 1, 2022
EXHIBIT B
Legal description of the Property after Rearrangement
Parcel A
That part of Lots 2 and 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof,
Hennepin County, Minnesota, lying east of a line described as commencing at the southeast corner of said
Lot 3; thence on an assumed bearing of South 89 degrees 50 minutes 42 seconds West along the south
line of said Lot 3 a distance of 352.48 feet to the shared south corner of said Lots 2 and 3, which is also
the actual point of beginning of the described line; thence North 00 degrees 00 minutes 15 seconds West a
distance of 759.79 to the north line of said Lot 2 and there terminating.
Area: 272,387 square feet ~ 6.25 acres
Parcel B
That part of Lots 2 and 3, Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof,
Hennepin County, Minnesota, lying west of a line described as commencing at the southeast corner of
said Lot 3; thence on an assumed bearing of South 89 degrees 50 minutes 42 seconds West along the
south line of said Lot 3 a distance of 352.48 feet to the shared south corner of said Lots 2 and 3, which is
also the actual point of beginning of the described line; thence North 00 degrees 00 minutes 15 seconds
West a distance of 759.79 to the north line of said Lot 2 and there terminating.
Area: 555,972 square feet ~ 12.76 acres
Resolution No. 2022-## 5
November 1, 2022
EXHIBIT C
Legal description of Subject Area to be Vacated
That portion of the drainage and utility easement over, under and across that part of Lots 2 and 3,
Block 1, MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin county,
Minnesota, lying 5.00 feet on either side of a centerline described as commencing at the
southeast corner of said Lot 3; thence on an assumed bearing of South 89 degrees 50 minutes 42
seconds West, along the south line of said Lot 3, a distance of 352.48 feet to the shared south
corner of said Lots 2 and 3, which is also the actual point of beginning of the described
centerline; thence North 22 degrees 49 minutes 32 seconds West along the west line of said Lot 3
to the northwest corner of said Lot 3; thence North 89 degrees 52 minutes 22 seconds East, along
the north line of said Lot 3, a distance of 449.19 feet to the east line of said Block 1 and there
terminating
Easement Vacation Area: 6,794 S.F.
PA
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DRAINAGE AND UTILITY EASEMENTS ARE SHOWN
HEREON FROM RECORDED PLAT
0
SCALE IN FEET
200 100 100 200 400
I hereby certify that this survey, plan, or report was prepared by me or
under my direct supervision and that I am a duly Licensed Land Surveyor
under the laws of the State of Minnesota.
Dated this 7th day of September 2022.
________________________________________________________
Daniel L. Schmidt, PLS Minnesota License No. 26147
schmidt@sathre.com
PREPARED FOR
EASEMENT EXHIBIT
GAIL KNAPPENBERGER
EASEMENT DESCRIPTION
A drainage and utility easement over, under and across that part of Lots 2 and 3, Block 1,
MAPLE RIDGE ESTATES, according to the recorded plat thereof, Hennepin county,
Minnesota, lying 5.00 feet on either side of a centerline described as commencing at the
southeast corner of said Lot 3; thence on an assumed bearing of South 89 degrees 50 minutes
42 seconds West, along the south line of said Lot 3, a distance of 352.48 feet to the shared
south corner of said Lots 2 and 3, which is also the actual point of beginning of the described
centerline; thence North 00 degrees 00 minutes 15 seconds West, a distance of 759.79 feet to
the north line of said Lot 2 and there terminating.
Except that part of said Lots 2 and 3 dedicated for drainage and utility in said plat of MAPLE
RIDGE ESTATES.
Easement Area: 7,451 S.F.
Easement Area
N O R T H
SATHRE-BERGQUIST, INC.
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14000 25TH AVENUE NORTH, SUITE 120
PLYMOUTH MN 55447 (952) 476-6000
WWW.SATHRE.COM
LAYOUT SHEET:D&U CREATE
JOB #:47495-001 REVISIONS
DRAWN BY: CMT
CHECKED BY:DLS
DATE:9/7/2022
Planning Department Update Page 1 of 2 November 1, 2022
City Council Meeting
TO: Mayor Martin and Members of the City Council
FROM: Dusty Finke, Planning Director
DATE: October 27, 2022
MEETING: November 1, 2022 City Council
SUBJECT: Planning Department Updates
Land Use Application Review
A) Knappenberger Rearrangement and Easement Vacation – Gail Knappenberger has requested
approval of a lot line rearrangement between two properties in common ownership. The
applicant also requests to vacate easements adjacent to the relocated property line and proposes
to grant replacement easements next to the new line. The Council opened the public hearing at
the October 18 Council meeting. The rearrangement was not yet ready for review, so Council
continued the hearing to November 1. Staff will present on 11/1.
B) Meander Park and Boardwalk – Meander Rd, east of Arrowhead Dr – Medina Ventures had
requested PUD General Plan and Preliminary Plat approval for a development to include four
residential units north of Meander Rd, and commercial uses south of Meander Rd including a
venue, restaurant, daycare, and speculative retail space. Staff is reviewing materials and will
schedule for a public hearing when complete, potentially at the November 9th Planning
Commission meeting.
C) BAPS Site Plan Review – 1400 Hamel Road – BAP Minneapolis Medina has requested an
amendment to their approved site plan review. The applicant has submitted updated
architectural information based on the City’s updated regulations pertaining to architectural
elements. The applicant has also proposed minor adjustments to the site layout previously
approved. Staff intends to present the information to the Planning Commission at the
November 9th meeting.
D) Loram/Scannell Medina Industrial – 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 approved the
findings of fact and made a negative declaration on the need for an EIS at the April 5 meeting.
Staff will route the record of decision as required. The applicant has now also applied for
preliminary plat and site plan review approval for construction of approximately 398,000 s.f. of
office warehouse on three lots. The Planning Commission held a public hearing at their August
10 and October 11 meetings and recommended approval on a 4-2 vote. The City Council
reviewed the wetland replacement plan on October 18 and directed staff to prepare a notice of
decision. The applicant has not submitted necessary information on the wetland bank credits.
If information is not provided or an extension granted, the application will need to be denied.
Staff is also awaiting additional information on the plat and site plan.
E) Pioneer Highlands Preliminary Plat – Onyx Performance Investment LLC has requested
approval of a 4-lot rural subdivision located on approximately 67 acres south of Pioneer Trail,
east of Willow Drive. The Council granted preliminary approval at the October 18 meeting.
Staff will await final plat application.
F) Cates Ranch/Willow Drive Warehouse Industrial – Comprehensive Plan Amendment–
Oppidan has submitted a concept plan review for a 310,000 square foot warehouse/office
development east of Willow Drive, north of Chippewa Road. The applicant is requesting
MEMORANDUM
Planning Department Update Page 2 of 2 November 1, 2022
City Council Meeting
feedback prior to proceeding with full design of their project. The Planning Commission
reviewed and provided comments on October 11 and Council reviewed on October 18. Staff
will await formal application.
G) Adam’s Pest Control Final Plat – Jan Har LLC has requested final plat approval for a two lot
subdivision for development of an office north of Hwy 55 and west of Willow Drive. The
property owner to the east of the site has not agreed to provide right-of-way, so the applicant
proposes access directly to Highway 55. Council granted final approval at the September 20
meeting. Staff will work with the applicant on conditions of approval before construction.
H) 500 Hamel Road Apartment Concept Plan – Medina Apartments LLC has requested review of
a concept plan review for development of a 97-unit apartment building at 500 Hamel Rd. The
Planning Commission held a public hearing at their August 10 meeting and Council provided
comments on August 16. The developer met with neighbors on September 12 and the parties
have indicated that they will meet again to discuss the project.
I) Hamel Townhomes Final Plat – 342 Hamel Rd – Hamel Townhomes, LLC has requested final
plat approval for a 30-unit townhome development. The Council granted final plat approval on
August 16. Staff will work with the applicant to finalize documents prior to beginning of
construction.
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) 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.
L) 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) Uptown Hamel Analysis – WSB provided a draft summary of public participation and
background information. Staff will be reviewing this week.
B) Building Permit software – staff is recommending that the City partner with OpenGov on new
building permit software. Staff intends to present the information for Council action on
November 1.
C) Planning Commission interviews – Council member Cavanaugh, Planning Commission Vice
Chair Rhem, and myself will interview candidates for Planning Commission on Friday and
intend to recommend appointment at the November 1 meeting.
TO: Honorable Mayor and City Council
FROM: Jason Nelson, Director of Public Safety
DATE: October 27, 2022
RE: Police Department Updates
Last week I had the honor of attending the International Chiefs of Police Conference (IACP) in Dallas,
Texas. This was my first time attending this conference and it exceeded all my expectations. There
were over 12,000 attendees from all over the world. The breakout sessions were amazing. I attended
the sessions that focused on leadership and small agencies. The overall message was to stay the
course and take care of the employees by focusing on mental health, recruitment, and retention. The
lack of candidates across the United States is alarming. The current enrollment in college is down
which is something that is not new to the Council as I have been talking about this very thing for the
past year.
On October 13, I conducted chief’s interviews with the two final candidates for the police officer
position. This position will be to add to the department in preparation for the upcoming new
sergeant’s position that will occur in July of 2023. By adding this officer now, it will allow for a
smooth transition in July as the candidate should have completed their field training process by then.
A conditional job offer was given to the chosen candidate, pending passing a background,
psychological, physical, and council approval.
On October 24, the newest member of the Medina Police Department started. Jordan Myhre will fill
the vacancy that had been open since July 2022. He will start his field training with Officer David
Hall. Officer Myhre comes to us with eight years of experience from the Crystal Police Department.
Jordan will not be formally sworn in until after he successfully passes his year of probation. I will
forward council a photograph of Jordan.
This past year I had learned of a possible grant opportunity to replace all our existing patrol AEDs
with new ones. I have been working with the University of Minnesota and have recently found out
that we have been approved to receive nine AEDs for our patrol cars. These units are approximately
$2100 per unit. The total grant is approximately $19,000 dollars. Our plan is to repurpose the old
ones from the squads to the city buildings throughout the City.
Patrol:
The following are updates of Patrol Officers between October 12 and October 25, 2022:
Citations – 17 Warnings – 26 PD Accidents – 3
Medicals – 13 Suspicion Calls – 6 Traffic Complaints – 7
Assist Other Agencies – 17 Alarms – 6 Welfare Checks - 4
On 10/12/2022 Officer took a phone call regarding a harassment report. Officer learned a victim had
been messaging someone online through Instagram when they were asked to meet through Snapchat.
Victim reported eventually sending this person a nude photograph. Victim then received a message
from the person demanding money or threatening to release the photograph to their account followers.
Victim ultimately transferred $20 in Bitcoin to someone and had not received any further messages.
The case was forwarded to Investigations.
On 10/12/2022 Officer took a theft report by phone. Victim reported running a credit report on
themselves and found two separate credit cards and a checking account was opened in their name in
Florida. Victim contacted the bank and had the accounts closed. One of the credit cards had charges
amounting to around $20,000 on it. The bank advised the victim would not be responsible for the
fraudulent charges.
On 10/12/2022 Officer received an attempt to locate request from the Buffalo Police Department.
Officer reported taking a theft of Apple Air pods earlier in the day and the Air pods were tracking to
the area of the 2000 block of Hamel Road. Officer went to the location that the Air pods were
reported being tracked and made contact with a subject. Subject gave officer permission to search
their vehicle in the driveway and officer located the Air pods that were reported stolen. Subject denied
taking them and had no idea how they ended up in their backpack. The Air pods were seized and later
returned to the owner.
On 10/13/2022 Officer responded to take a vehicle theft report. Resident in the 100 block of Sunrise
Court reported a vehicle missing from their driveway sometime overnight. Officer learned a 2013
BMW X5 was left in the driveway with keys inside. Surveillance cameras from a neighbor property
showed a vehicle arrive in the area at 0547 hours and a short time later the stolen vehicle was seen
leaving the area. The vehicle seen arriving in the area was believed to be a newer model Lincoln
Navigator. It was later learned that a Navigator was stolen from the city of Minnetonka earlier in the
morning and was believed to be the vehicle seen arriving in the area. On 10/16/2022 we received
notification that the stolen BMW was recovered unoccupied in the 4100 block of Humboldt Avenue
North in Minneapolis.
On 10/15/2022 Officer was called to unwanted parties at the Medina Inn. Management reported two
intoxicated parties were on site and refusing to leave when asked. Officer learned that these parties
were dropped off by a friend who had left. A short time later someone arrived and the two left the
property.
On 10/16/2022 Officer was approached by a female at a business in the City who asked for help in
getting a phone to the FBI. The female advised she had uncovered an auto theft ring and that her
boyfriend and the Fridley Police Department were all involved and that the phone had evidence of the
conspiracy. The officer advised her she would need to speak with Anoka County or call the FBI since
everything was reported to have occurred in another jurisdiction. The female left the business. The
officer later left the business and found items sitting on his squad car which included a phone. The
officer was unable to identify the owner of the phone which was brought back to the Medina Police
Department and placed in found property.
On 10/18/2022 Officer was called to a suspicious vehicle parked in the area of the Medina Ridge
Condominiums. Officer arrived and found the unoccupied vehicle to have been reported stolen from
Plymouth the previous day. Plymouth Police came and recovered the vehicle.
On 10/21/2022 at approximately 1317 hours, officer was dispatched to a vehicle theft in the 800 block
of Fox Path Court. Victim reported their vehicle was just stolen from the driveway. Just prior to this
report Corcoran Police had been dispatched to a suspicious vehicle where a group of passengers had
exited and had gone into an open garage. When the resident confronted them, they ran back to the
waiting SUV. The resident reported a person in that vehicle brandished a firearm at them before
taking off. Neighbor’s had video surveillance of the vehicle seen arriving in the neighborhood. That
vehicle was found to be stolen from Eden Prairie. Both vehicles were later seen in Maple Grove
approaching Interstate 494. Both vehicles fled when officers attempted to stop them. Our stolen
vehicle has not been recovered yet. Related to this same incident, two other residents reported
vehicles had been gone through that were parked in their open garages. Small items were stolen from
each.
On 10/22/2022 Officer was called to the Medina Entertainment Center on a trespassing complaint.
The cleaning crew reported finding a juvenile male sleeping behind one of the arcade machines while
cleaning the interior of the building overnight. The juvenile was asked to leave which he did. Later
that morning Plymouth Police were called to a welfare check of the same juvenile in their city.
Officers were able to locate him and found he had run away from his Maple Grove home the previous
night. The juvenile was returned home.
On 10/25/2022 at 1749 hours, officers were dispatched to a theft in progress at Target. Asset
Protection member was reporting known shoplifters in the store loading up a cart that they believed
they would be pushing out without paying. Prior to police arriving on scene the suspects attempted to
push out the cart but were confronted by Asset Protection. Suspects then left the cart and ran out to a
vehicle and left. The suspects were known to Target as having committed similar thefts at other
Target stores in the metro area. Case will be forwarded to investigations once we receive all the
Target reports.
Investigations:
Presented at the Farmers State Bank fraud seminar in conjunction with the Corcoran Police
Department.
Attended Hennepin Traffic Advisory Committee meeting regarding traffic incident management.
Attended Towards Zero Death’s meeting to discuss the fiscal year 2023 grant and scheduling of shifts.
Investigating a theft at Target including one known suspect, and two unknown suspects.
Received a report of a theft from auto and financial transaction card fraud. Suspect attempted to
purchase third-party gift cards at Target (unable to purchase due to ordinance). Cards used in
Plymouth Target. Suspect known and charged.
Background investigations completed for two CSO candidates.
There are currently 6 cases assigned to investigations.
1
TO: Honorable Mayor and Members of the City Council
FROM: Steve Scherer, Public Works Director
DATE: October 26, 2022
MEETING: November 1, 2022
SUBJECT: Public Works Update
STREETS
• Public Works mowed street ditches one last time to allow snow to blow more
freely across the streets this winter.
• Public Works is marking the back of curbs throughout the city to prevent damage
to both curbs and snowplows.
• The Arrowhead Street project is now complete. Pay requests and change orders
are in your packet for review and approval.
WATER/SEWER/STORMWATER
• The bids are back for the water treatment plant media replacement. They came
back higher than expected because of an added addendum to dispose of the
greensand that may contain high radium levels. Testing will be done to see
exactly what we are dealing with as we get closer to the project. This project is on
the agenda for Council review and discussion at the November 1st meeting.
• I have been working with our contractors to install the watermain connection on
Chippewa Road between Polaris and Okalee. The project provides a secondary
water line from the treatment plant to the water tower on Willow Drive.
Completing this line along with the Cates project will be a huge relief to the
Medina water professionals because adding the secondary line will add more
resiliency to our water system.
• Public Works has cleaned several sump catch basins as required by our MS-4
stormwater permit.
PARKS/TRAILS
• Dave Anderson and I have been working with the HAC group to put together a
donation agreement to ensure the grandstand purchase remains within City
guidelines, this agreement is in your packet for approval. I will also be working
on an operational contract and plan to discuss this at the November 15th work
session.
• Public Works completed pre-demolition work at the Chippewa Road parkland
property. Derek Reinking worked with the contractors to assure the well was
properly sealed and septic tanks pumped prior to removing tanks. The fire
MEMORANDUM
2
department will burn the house on Saturday, October 29th. Public Works will
dispose of the remaining materials at a certified disposal site.
MISC
• Lisa and I continue to work with WSB on Medina’s MS4 reauthorization permit
as required by the MPCA. It has been a long process to evaluate and update all
the necessary minimum control measures. We will present a revised plan and
ordinances to Council within the next couple months.
• As time permits, Lisa is overhauling the safety manual to combine and eliminate
the handbook (so there is one document to maintain). The manual will continue
to align with our insurance and personnel policy requirements, as well as OSHA
mandates.
ORDER CHECKS OCTOBER 18, 2022 – NOVEMBER 1, 2022
053553 BARNHART, ERIN .................................................................. $2,789.98
053554 BUELL CONSULTING ............................................................ $2,017.50
053555 DENG, HUAJIE ....................................................................... $1,000.00
053556 FELLING, GREGORY/LAURIE .................................................... $48.17
053557 GUPTA, ANKUSH ...................................................................... $500.00
053558 GUPTA, RUPALI SANGETTA .................................................... $250.00
053559 HAMEED, RENAE ..................................................................... $725.30
053560 MADHAVAN, AJISH .................................................................. $500.00
053561 LEN BUSCH ROSES ................................................................. $610.00
053562 MCDONNELL, JOHN/PATRICIA .................................................. $91.29
053563 REHKAMP LARSON ARCHITECTS ....................................... $1,000.00
053564 ROLLING GREEN BUSINESS CTR........................................ $2,000.00
053565 SCANNELL PROPERTIES, LLC ........................................... $10,000.00
053566 VANGAVETI, GANESH ............................................................. $300.00
053567 VENKATA SUBRAMANIAN, BALAJI.......................................... $997.50
053568 ZIEGLER CUSTOM HOMES ................................................ $10,000.00
053569 ADAMS PEST CONTROL INC .................................................. $133.37
053570 AMERICAN PLANNING ASSN .................................................. $599.00
053571 ASPEN MILLS INC ................................................................. $2,077.06
053572 BEAUDRY OIL & PROPANE .................................................. $2,919.22
053573 CARP SOLUTIONS LLC ......................................................... $3,984.00
053574 CONTEMPORARY IMAGES ................................................... $3,124.83
053575 CORE & MAIN LP ................................................................... $7,935.50
053576 CORNER HOUSE/INTERAGENCY CTR. ............................... $1,250.00
053577 DITTER INC ............................................................................... $661.20
053578 ECM PUBLISHERS INC ............................................................ $391.70
053579 ESS BROS. & SONS, INC. ........................................................ $754.00
053580 HAKANSON ANDERSON ASSOCIATES I ................................ $500.00
053581 HAWKINS INC. ....................................................................... $2,613.99
053582 KOTHRADE SEWER, WATER & ............................................... $525.00
053583 KRAEMER MINING AND MATERIALS ................................... $6,808.10
053584 LANO EQUIPMENT INC ............................................................ $303.28
053585 CITY OF LONG LAKE ............................................................. $2,437.19
053586 MN DEPT OF AGRICULTURE .................................................. $225.00
053587 MN DEPARTMENT OF HEALTH ................................................. $23.00
053588 MN SAFETY COUNCIL INC ...................................................... $623.13
053589 NAPA OF CORCORAN INC ........................................................ $78.82
053590 NELSON ELECTRIC MOTOR REPAIR .................................. $1,200.00
053591 NEW LOOK CONTRACTING INC ....................................... $201,732.16
053592 NORTHWEST FAMILY PHYSICIANS .......................................... $52.00
053593 ODP BUSINESS SOLUTION LLC ................................................ $53.45
053594 PHOENIX LOSS CONTROL ................................................... $1,109.53
053595 ROLF ERICKSON ENTERPRISES INC ................................ $10,909.73
053596 SAMS LAWN & LANDSCAPE INC ............................................. $325.00
053597 SITEONE LANDSCAPE SUPPLY LLC ........................................ $18.00
053598 SOLUTION BUILDERS INC .................................................... $2,725.97
053599 STANDARD INSURANCE COMPANY .................................... $1,057.45
053600 STREICHER'S ........................................................................... $203.45
053601 SUN LIFE FINANCIAL ............................................................... $646.52
053602 TEGRETE CORP .................................................................... $1,355.00
053603 TIMESAVER OFFSITE .............................................................. $665.38
053604 TWIN CITY OUTDOOR SERVICES, IN ................................ $13,507.69
053605 SSI MN TRANCHE 1 #10322006 ............................................ $4,406.30
053606 SSI MN TRANCHE 3 #10327096 ............................................ $5,491.53
053607 WESTSIDE WHOLESALE TIRE ............................................. $4,200.38
053608 YTS CLEARING.................................................................... $22,150.00
Total Checks $342,606.67
ELECTRONIC PAYMENTS OCTOBER 18, 2022 – NOVEMBER 1, 2022
006576E PR PERA .............................................................................. $17,551.08
006577E PR FED/FICA ....................................................................... $17,557.12
006578E PR MN Deferred Comp ........................................................... $2,784.00
006579E PR STATE OF MINNESOTA .................................................. $3,868.93
006580E FURTHER .............................................................................. $1,929.37
006581E CITY OF MEDINA ........................................................................ $22.00
006582E AFLAC ....................................................................................... $491.08
006583E CIPHER LABORATORIES INC. .............................................. $1,407.00
006584E ELAN FINANCIAL SERVICE ................................................ $13,316.50
006585E FURTHER .............................................................................. $1,214.39
006586E MINNESOTA, STATE OF ....................................................... $1,935.00
006587E CENTERPOINT ENERGY ......................................................... $369.36
006588E DELTA DENTAL ..................................................................... $2,558.24
006589E FARMERS STATE BANK OF HAMEL ....................................... $150.00
006590E GREAT AMERICA FINANCIAL SERVI ...................................... $178.95
006591E CITY OF PLYMOUTH ............................................................. $1,036.55
006592E WRIGHT HENN COOP ELEC ASSN ...................................... $2,316.59
Total Electronic Checks $68,686.16
PAYROLL DIRECT DEPOSIT OCTOBER 26, 2022
0512246 ALTENDORF, JENNIFER L. .................................................. $1,137.75
0512247 BARNHART, ERIN A. ............................................................ $2,788.42
0512248 BOECKER, KEVIN D. ............................................................ $2,856.69
0512249 CONVERSE, KEITH A. .......................................................... $2,385.13
0512250 DEMARS, LISA ...................................................................... $1,558.38
0512251 DION, DEBRA A. ................................................................... $2,091.51
0512252 ENDE, JOSEPH..................................................................... $2,008.33
0512253 FINKE, DUSTIN D. ................................................................ $2,869.01
0512254 GLEASON, JOHN M. ............................................................. $2,145.06
0512255 GREGORY, THOMAS .............................................................. $700.16
0512256 HALL, DAVID M. .................................................................... $2,285.67
0512257 HANSON, JUSTIN ................................................................. $2,879.56
0512258 JACOBSON, NICOLE ............................................................... $909.85
0512259 JOHNSON, SCOTT T. ........................................................... $2,740.17
0512260 KLAERS, ANNE M. ................................................................ $1,616.29
0512261 LEUER, GREGORY J. ........................................................... $2,080.19
0512262 MCGILL, CHRISTOPHER R. ................................................. $1,752.52
0512263 MCKINLEY, JOSHUA D ......................................................... $2,106.81
0512264 NELSON, JASON .................................................................. $2,795.93
0512265 RATKE, TREVOR J ............................................................... $1,785.29
0512266 REINKING, DEREK M ........................................................... $2,210.31
0512267 RUTH, BRENDA L. ................................................................ $1,652.47
0512268 SCHARF, ANDREW .............................................................. $2,332.00
0512269 SCHERER, STEVEN T. ......................................................... $2,527.21
0512270 THIES, ANN C .......................................................................... $588.19
0512271 VINCK, JOHN J ..................................................................... $1,996.79
0512272 VOGEL, NICHOLE .................................................................... $993.12
0512273 WALKER, CAITLYN M. .......................................................... $1,910.20
Total Payroll Direct Deposit $55,703.01