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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 2 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. 3 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. 4 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. 5 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 2 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 3 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 4 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 5 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 Medina City Council Meeting Minutes October 18, 2022 6 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 7 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 Rev. 2018.01_210428 DOCSOPEN-ME230-1B-828909.v2-10/7/22 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 DOCSOPEN-ME230-1B-828909.v2-10/7/22 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 DOCSOPEN-ME230-1B-828909.v2-10/7/22 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 DOCSOPEN-ME230-1B-828909.v2-10/7/22 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 Rev. 2018.01_210428 DOCSOPEN-ME230-1B-828909.v2-10/7/22 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 1 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 2 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. 3 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. 4 ●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. 5 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. 6 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 Trac 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 7 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 11 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 13 ●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 suce 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 polygonpolylines 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 sucient 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 1 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 70 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M 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 70 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M 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 70 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M 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 70 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M 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 8 E 9 T H S T R E E T | SU I T E 2 0 0 | SA I N T P A U L , M N | 55 1 0 1 | 65 1 . 2 8 6 . 8 4 5 0 | W S B E N G . C O 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 R C E L B PA R C E L A 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. RS G ALP N E S S N E R I D E E I EN EN NG R R S RSU EV OY S RS G ALP N E S S N E R I D E E I EN EN NG R R S RSU EV OY S 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