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HomeMy Public PortalAbout11.15.2022 City Council Meeting Packet Posted 11/09/2022 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, November 15, 2022 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. MOTION TO DELEGATE DUTIES TO PRESIDE OVER THE MEETING TO COUNCIL MEMBER DESLAURIERS III. PLEDGE OF ALLEGIANCE IV. ADDITIONS TO THE AGENDA V. APPROVAL OF MINUTES A. Minutes of the November 1, 2022, Regular City Council Meeting VI. CONSENT AGENDA A. Approve 2023 WSB Rates B. Approve 2023 TimeSaver Agreement C. Approve 2023 Solution Builders Agreement VII. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VIII. NEW BUSINESS A. Resolution Approving Canvass of Returns and Declaring the Results of the Municipal Election Held on November 8, 2022 B. City of Independence Request for Sewer Units Discussion IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. CLOSED SESSION: Consider Potential Offer to Purchase Property Located at 1405 Hamel Road Pursuant to Minn. Stat. 13D.05, subd. 3(c)(3). XIII. ADJOURN Meeting Rules of Conduct to Address the City Council: • Fill out & turn in comment card • Give name and address • Indicate if representing a group • Limit remarks to 3-5 minutes Mayor Kathleen Martin will participate in the meeting virtually from Salt & Stone Restaurant located at 9900 Sonoma Hwy, Kenwood, CA 95452. MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: November 9, 2022 DATE OF MEETING: November 15, 2022 SUBJECT: City Council Meeting Report VI. CONSENT AGENDA A. Approve 2023 WSB Rates – Attached is the 2023 letter for engineering services from WSB. They are recommending increasing their billing rates by 4.0% with no change to their monthly City retainer amount. Staff recommends approval. See attached letter. B. Approve 2023 TimeSaver Agreement – Time Saver Off Site Secretarial provides minutes for our regular City Council and Planning Commission meetings. The cost impact of the 2023 rate increase is equal to $10.42/month. Staff thinks the increase is reasonable and recommends approval. See attached agreement. C. Approve 2023 Solution Builders Agreement – The City contracts with Solution Builders for IT services. Staff recommends approval of the 2023 service addendum to the master services agreement (up from $3,255 to $3,415 per month) and an increase of $160 per month for backup of the new Banyon server. See attached agreement. VIII. NEW BUSINESS A. Resolution Approving Canvass of Results and Declaring the Results of the Municipal Election Held on November 8, 2022 – The City Council must canvass the results of the local election held on November 8, 2022. The resolution containing the details of the votes for Mayor and Council Member with terms beginning the first Monday of January 2023 will be distributed as soon as staff receives additional information from Hennepin County. Recommended Motion: Move adopt resolution approving canvass of results and declaring the results of the municipal election held on November 8, 2022. B. City of Independence Request for Sewer Units Discussion – On August 3, 2022, the City Council discussed a request from the City of Independence for additional sewer units for a residential development south of Lake Independence, northwest of County Road 19 and Perkinsville Road. Independence has now requested an additional 26 connections for the 2 new residential development south of Lake Independence. These units would be in addition to 41 connections already allowed south of Lake Independence and 274 units from the north. Council directed staff to continue discussions and conduct additional analysis to make a recommendation. Staff has completed the additional analysis. The information has been included with the packet. Staff is requesting Council review and discussion of the information and request from the City of Independence. Potential Action: Motion to direct staff to draft the amendment to the Quad-City Agreement as described in the staff report. XI. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 006593E-006609E for $60,586.07, and order check numbers 053609-053660 for $686,605.93 and payroll EFT 0512274-0512307 for $58,889.91. XII. CLOSED SESSION: Consider Potential Offer to Purchase Property Located at 1405 Hamel Road Pursuant to Minn. Stat. 13D.05, subd. 3(c)(3). INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Meeting Minutes November 1, 2022 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 1, 2022 3 4 The City Council of Medina, Minnesota met in regular session on November 1, 2022 at 5 7:01 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid (arrived at 7:15 10 p.m.). 11 12 Members absent: None. 13 14 Also present: City Administrator Scott Johnson, Attorney Dave Anderson, Finance 15 Director Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, 16 Public Works Director Steve Scherer, City Clerk Caitlyn Walker, and Chief of Police 17 Jason Nelson. 18 19 II. PLEDGE OF ALLEGIANCE (7:01 p.m.) 20 21 III. ADDITIONS TO THE AGENDA (7:01 p.m.) 22 The agenda was approved as presented. 23 24 IV. APPROVAL OF MINUTES (7:02 p.m.) 25 26 A. Approval of the October 18, 2022 Work Session City Council Meeting 27 Minutes 28 Martin stated that prior to the meeting, Johnson distributed proposed changes for 29 incorporation. 30 31 Moved by Cavanaugh, seconded by Albers, to approve the October 18, 2022 work 32 session City Council meeting minutes as amended. Motion passed 4 to 0 (Council 33 Member Reid was not present). 34 35 B. Approval of the October 18, 2022 Regular City Council Meeting Minutes 36 Martin noted that prior to the meeting Johnson distributed proposed changes for 37 incorporation submitted by herself. 38 39 Moved by Martin, seconded by Cavanaugh, to approve the October 18, 2022 regular 40 City Council meeting minutes as amended. Motion passed 4 to 0 (Council Member 41 Reid was not present). 42 43 V. CONSENT AGENDA (7:03 p.m.) 44 45 A. Appoint Tanner Wiese to the Position of Community Service Officer 46 B. Appoint Jacob Milinkovich to the Position of Community Service Officer 47 C. Approve LMCIT Insurance Liability Renewal Waiver 48 D. Approve 2023 Rates with Steve M. Tallen 49 E. Approve 2023 Rates with Kennedy & Graven 50 F. Approve Purchase of Building Permit Software 51 Medina City Council Meeting Minutes November 1, 2022 2 G. Interim Ordinance Authorizing a Study and Imposing a Moratorium on the 1 Sale of Edible Cannabinoid Products 2 H. Resolution Authorizing Publication of Ordinance Authorizing a Study and 3 Moratorium on the Sale of Edible Cannabinoid Products by Title and 4 Summary 5 I. Ordinance Amending Chapter 3 of the City Code Making it Unlawful for a 6 Person Under 21 to Possess or Consume Edible Cannabinoid Products in 7 Medina 8 J. Resolution Authorizing Publication of Ordinance Amending Chapter 3 of 9 the City Code by Title and Summary 10 K. Resolution Approving Proposed Transfers and Assignment of Fund 11 Reserves 12 L. Resolution Accepting Public Utilities Within Meadowview Commons 1st 13 Addition 14 M. Resolution Accepting Public Utilities Within Meadowview Commons 2nd 15 Addition 16 N. Resolution Accepting Public Watermain Within the OSI Expansion Project 17 O. Resolution Accepting Public Streets Within the Villas at Medina Country 18 Club 19 P. Resolution Accepting Public Utilities Within the Reserve of Medina 3rd 20 Addition 21 Q. Resolution Accepting Public Streets Within the Reserve of Medina 2nd 22 Addition 23 R. Approve Change Order for Arrowhead Drive Turn Lane Expansion Project 24 S. Resolution Adopting Assessment Roll for Arrowhead Road Improvements 25 T. Approve Donation Agreement with Hamel Athletic Club for a Grandstand at 26 Paul Fortin Memorial Field 27 U. Approve Snow Removal Services Agreement with Hunzy’s LLC 28 Martin referenced Items I and Q where the agenda item states public streets but the 29 resolution states public utilities. She noted the change that should be reflected. 30 31 Moved by Cavanaugh, seconded by Martin, to approve the consent agenda as 32 corrected. 33 34 Further discussion: Albers referenced Item F asked if a payment option would be 35 integrated into the software. 36 37 Finke stated that the hope would be to accept payment through credit cards and there 38 would be benefit in having a different processor for payments for this software. 39 40 Albers asked for details on the merchant fee. 41 42 Finke stated that cost would be in addition to the permit. 43 44 Albers asked if there would be an archive process. 45 46 Finke replied that the permit information will be archived separately into Laserfiche, 47 whereas the background data could be sent from the software provider if desired. 48 49 Motion passed 4 to 0 (Council Member Reid was not present). 50 51 Medina City Council Meeting Minutes November 1, 2022 3 VI. COMMENTS (7:09 p.m.) 1 2 A. Comments from Citizens on Items not on the Agenda 3 Alisa Benson, Orono resident and current candidate for Orono City Council, introduced 4 herself. She stated that she is present tonight to learn from Medina and see how its 5 Council conducts its business. She acknowledged the importance of communities 6 working together. She stated that she has been door knocking and has met many 7 residents, some from Medina that comment on how well run the City of Medina is. She 8 commented that she is pleased that she is able to provide public comments at the 9 beginning of the meeting, whereas Orono accepts public comments at the end of the 10 meeting. She commented that she is also blown away at the City website and the focus 11 on invasive species and the environmental focus. 12 13 Martin commented that Medina has a phenomenal staff which makes the city run well. 14 15 DesLauriers asked Ms. Benson’s feelings on Orono starting a new fire department when 16 it is currently supported by a few fire departments that do a great job. 17 18 Benson replied that has come up a lot because residents are not in the “know” on this 19 issue. She commented on a recent house fire that resulted in a total loss, which is 20 devastating. She commented that after doing a lot of research on shared fire services, 21 they can be doing better. She recognized that it would be a move backward to pull back 22 from community services as well as the unnecessary infrastructure and burden it would 23 place on the community. She commented that she is concerned that residents are not 24 aware of this direction. She commented that she has a lot of concerns and would not be 25 running for the Council if she were confident in the leadership of Orono. 26 27 Martin noted that she looked at past agendas from Orono to find fire related discussions 28 and advised that there were never any agenda items on that topic, but a series of 29 unanimous motions made at the end of a meeting which is not transparent. 30 31 B. Park Commission 32 Scherer reported that the last Park Commission meeting was canceled. He provided a 33 general update for the parks noting the fire departments did a burn at Chippewa Park, 34 removal of ash trees, and discussions with HAC related to parking and future contract 35 negotiation. 36 37 DesLauriers stated that perhaps there is a ratio of available parking to the number of 38 kids that can register for baseball. 39 40 Albers asked if there would be an opportunity to use a field or open space as temporary 41 parking. 42 43 Scherer stated that he did consider that but was concerned with the chaos of the 44 vehicles. He stated that it would make the most sense to add on to the existing parking. 45 He noted that staff will continue to discuss ideas. 46 47 Cavanaugh stated that he would like to continue discussions with Plymouth. He noted 48 that half the kids in the baseball program are from Plymouth, therefore it would not seem 49 fair for Plymouth to put up no parking signs. 50 51 Medina City Council Meeting Minutes November 1, 2022 4 DesLauriers stated that if Plymouth takes that stance, perhaps they go down the path 1 that Plymouth residents would pay more to participate in the program to cover the 2 additional burden on parking. 3 4 Martin recognized the unneighborly act of no parking signage when the Medina parks 5 are open to everyone. 6 7 Nelson commented that he has had discussions with the Plymouth Police Chief who 8 stated that they are attempting to address the concerns of their residents which is why 9 the temporary no parking signs were installed. He stated that they are looking to Medina 10 to do something in programing in an attempt to address those issues. 11 12 Martin stated that perhaps HAC could negotiate a deal with St. Ann’s for additional 13 parking. 14 15 Finke commented that it is an interesting issue because the high level of complaints are 16 coming from a neighborhood in Plymouth when in reality there is only space in this area 17 for about 30 vehicles because of the narrow lots and wide driveways. 18 19 C. Planning Commission 20 Finke reported that the Planning Commission will meet the following week to hold a 21 public hearing to consider the Meander Park and Boardwalk development as well as an 22 amended Site Plan Review from BPS. He noted that the Commission could potentially 23 also welcome a new member, dependent on the action of the Council tonight. 24 25 VII. NEW BUSINESS 26 27 A. Water Treatment Plant Filters 1 and 2 Rehabilitation Project Update (7:26 28 p.m.) 29 Scherer stated that the intention is to provide an update to the Council on the proposed 30 project. He stated that there was an estimate in the CIP for the expansion of the 31 treatment plant. He stated that the project scale has expanded since the last discussion. 32 33 Martin asked where this would stand compared to the budget. 34 35 Barnhart replied that the majority of the project would be funded from user fees. She 36 stated that they are also looking at meter replacement and software updates, which is 37 why there is an agenda item to consider an interfund loan. She commented that the City 38 has cash options as well as long-term financing options through bonding. 39 40 Johnson asked if the amount included in the CIP is lower than the bids received. 41 42 Scherer stated that the CIP was for the expansion project, whereas this is an operational 43 improvement that was not included in the CIP. 44 45 Barnhart stated that they are financially healthy, they just have two projects butting 46 against each other. 47 48 DesLauriers referenced the meter project, which he believed was going to be funded 49 through ARPA funds. 50 51 Medina City Council Meeting Minutes November 1, 2022 5 Barnhart stated that while that was an option, they instead moved the ARPA funds to the 1 road fund. 2 3 DesLauriers asked if those funds could be moved from the road fund to this project. 4 5 Barnhart replied that could be done, as long as the funds were used by the end of 2024 6 but that would deplete the road fund. 7 8 Scherer stated that the decision was made to allocate funding to the roads because 9 roads are used by all residents, whereas not all residents use the water system. 10 11 DesLauriers stated that if the scale of this project were known earlier, he may have 12 chosen to allocate funds differently. 13 14 Cavanaugh asked if there would be any benefit to contracting for these projects 15 together. 16 17 Scherer replied that he did not think so and noted that operationally that would not work 18 as water will need to be produced throughout the expansion. 19 20 Barnhart stated that if bonding is chosen, the projects could be bonded together. 21 22 Greg Johnson, WSB, commented that these projects are done seasonally therefore 23 even if the projects were bid together, they would be completed separately. He noted 24 that would also create a long project window and contractors may increase their bids to 25 account for potential increases that come during that time. He commented that this was 26 not a huge project, therefore there were not a lot of contractors interested. He provided 27 background information on the feasibility study that was completed and the different 28 improvements that were identified, noting that this would be the first step in that process. 29 He stated that the plant was built in 2005 and has two filter cells, with space for a third to 30 be added in the future. He commented on the reduced capacity of the plant which has 31 resulted in the need for this project as well as general maintenance that is typically 32 required every 15 to 20 years. He provided details on the project scope and bid 33 alternates. He noted that the alternates were bid at the worst-case scenario and 34 therefore dependent on the conditions, those costs could be less. 35 36 Martin asked if the sand/other material could be used for construction purposes. 37 38 G. Johnson stated that is a potential included in bid alternate three, noting that they 39 would still need to test the material and dependent on those readings they could use it 40 for road projects. 41 42 Albers asked the number of yards of materials that the filters would hold. 43 44 G. Johnson replied about 66 yards. He provided details on the two bids received and 45 the recommendation from staff. 46 47 Cavanaugh asked if it would be an either/or between alternates two and three. 48 49 G. Johnson confirmed that it would be either two or three but noted that staff 50 recommends accepting the bid for two and that can be changed to three to obtain a cost 51 Medina City Council Meeting Minutes November 1, 2022 6 savings depending on the test results. He recognized the increase in cost compared to 1 the feasibility estimates, explaining the increases in material costs that continues to 2 occur. 3 4 Barnhart commented that she is fairly confident that this project would be paid in cash, 5 but bonding would be an option as well. 6 7 1. Award a Contract to Shank Constructors, Inc, Brooklyn Park, MN for 8 the Base Bid, Alternate 1 and Alternate 2, in the Amount of 9 $777,207.00 Based on the Results of the Bids Received 10 Moved by DesLauriers, seconded by Albers, to award a contract to Shank Constructors, 11 Inc, Brooklyn Park, MN for the Base Bid, Alternate 1 and Alternate 2, in the amount of 12 $777,207.00 based on the results of the bids received. Motion passed unanimously. 13 14 2. Resolution Authorizing Interfund Loan for Advance of Certain Water 15 Treatment Plant Rehabilitation Costs 16 Moved by DesLauriers, seconded by Reid, to adopt resolution authorizing interfund loan 17 for advance of certain water treatment plant rehabilitation costs. Motion passed 18 unanimously. 19 20 B. G & S-K Family LLC – Easement Vacation – Public Hearing Continuation 21 (7:59 p.m.) 22 Johnson stated that the applicant is requesting a lot line rearrangement between 23 adjacent properties under common ownership. He stated that the public hearing was 24 opened at the last meeting and was continued to this meeting. 25 26 Finke stated that the LLC owns the two properties in discussion, noting that the smaller 27 lot will increase in size while the larger lot would continue to meet the minimum 28 standards. He stated that the rearrangement would not fully bring the smaller lot into 29 compliance, but it would be closer. He stated that there are easements in place that 30 would be vacated and replaced with new easements along the new property lines. He 31 stated that staff recommends approval as this would bring the second lot closer to 32 compliance, as much as possible without making the other lot noncompliant. 33 34 DesLauriers asked how this type of lot line is created. 35 36 Finke replied that he would suspect that the lots were shaped differently as this is the 37 second rearrangement of the properties. 38 39 Martin continued the reopened public hearing and welcomed comments from the public. 40 41 No comments. 42 43 Martin closed the public hearing. 44 45 1. Resolution Approving Lot Line Rearrangement of 1400 Tamarack 46 Drive and 1420 Tamarack Drive 47 Moved by DesLauriers, seconded by Martin, to adopt resolution approving lot line 48 rearrangement of 1400 Tamarack Drive and 1420 Tamarack Drive. Motion passed 49 unanimously. 50 51 Medina City Council Meeting Minutes November 1, 2022 7 2. Resolution Vacating Drainage and Utility Easements at 1400 1 Tamarack Drive and 1420 Tamarack Drive 2 Moved by DesLauriers, seconded by Martin, to adopt the resolution vacating drainage 3 and utility easements at 1400 Tamarack Drive and 1420 Tamarack Drive. Motion 4 passed unanimously. 5 6 C. Appoint Planning Commission Member (8:03 p.m.) 7 Johnson stated that interviews for the vacant Planning Commission seat were conducted 8 on October 28th. 9 10 Cavanaugh stated that there were three great candidates which made it a difficult 11 decision to make. He stated ultimately Adeel Ahmed was chosen as the candidate 12 because of his experience in development. 13 14 DesLauriers stated that there were two applicants from Bridgewater and one from the 15 Fields of Medina and asked where this candidate lives. 16 17 Cavanaugh replied that this resident is from Fields of Medina. 18 19 Moved by Cavanaugh, seconded by Albers, to appoint Adeel Ahmed to the Planning 20 Commission. Motion passed unanimously. 21 22 VIII. CITY ADMINISTRATOR REPORT (8:05 p.m.) 23 Johnson commented on a recently attended event recognizing Loretto Fire Chief Jeff 24 Leuer for being named Fire Officer of the Year. Staff will bring forward a resolution 25 honoring Chief Leuer at the December 6th meeting. 26 27 IX. MAYOR & CITY COUNCIL REPORTS (8:05 p.m.) 28 Martin highlighted upcoming meetings and events that members of the Council would be 29 attending. 30 31 X. APPROVAL TO PAY THE BILLS (8:08 p.m.) 32 Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 006576E-006592E 33 for $68,686.16, order check numbers 053553-053608 for $342,606.67, and payroll EFT 34 0512246-0512273 for $55,703.01. Motion passed unanimously. 35 36 XI. ADJOURN 37 Moved by Cavanaugh, seconded by DesLauriers, to adjourn the meeting at 8:09 p.m. 38 Motion passed unanimously. 39 40 41 __________________________________ 42 Kathy Martin, Mayor 43 Attest: 44 45 ____________________________________ 46 Scott Johnson, City Administrator 47 November 8, 2022 Mr. Scott Johnson City Administrator City of Medina 2052 County Road 24 Medina, MN 55340 Re: WSB 2023 Rate Schedule Dear Mr. Johnson: WSB is grateful for our relationship with you, your team and community, and we look forward to continuing to build on this and provide support to deliver your long-range community vision. We are committed to providing a full range of industry leading services to the City of Medina. We believe that through our continued focus on collaboration with your team and community stakeholders, we will continue to develop exceptional solutions at every step along the way. To determine our rate increase, we have closely reviewed our internal operations and external factors such as inflation. For 2023, we will be increasing our rates by an average of 4.0% but will maintain the current monthly retainer for the City of Medina in the amount of $1,800. At WSB, we work to understand the challenges our clients face and want you to know that we are here to support you in whatever capacity you may need. We will continue to provide the highest quality services at a reasonable price. We fully understand that our clients have a choice in who they work with and that we must provide the best value for every project and service we deliver. We understand we earn the right to work with you, and we do that through our commitment to building what’s next, together. We are invested in our clients, people, work, and the communities that we serve. Thank you for the opportunity to be your partner. Sincerely, Jim Stremel, PE City Engineer Attachment Agenda Item #6A 2023 Rate Schedule WSBENG.COM Billing Rate/Hour PRINCIPAL | ASSOCIATE $162 - $206 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $162 - $206 PROJECT MANAGER $143 - $159 PROJECT ENGINEER | GRADUATE ENGINEER $97 - $158 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $62 - $154 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $73 - $154 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $60 - $151 PLANNER | SR. PLANNER $75 - $159 GIS SPECIALIST | SR. GIS SPECIALIST $72 - $159 CONSTRUCTION OBSERVER $98 - $128 SURVEY One-Person Crew $159 Two-Person Crew $207 OFFICE TECHNICIAN $56 - $97 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. Agenda Item #6B ADDENDUM TO RECORDING SECRETARY SERVICE AGREEMENT Dated: December 31, 2022 By and between TimeSaver Off Site Secretarial, Inc. and the City of Medina, 2052 County Road 24, Medina, MN 55340. 1. EXTENSION OF RECORDING SECRETARIAL SERVICE AGREEMENT: The term of the existing Recording Secretary Service Agreement dated December 31, 2021 shall be extended under the same terms and conditions to December 31, 2023. 2. TOSS CHARGES: TOSS shall be paid for its services as recording secretary for each meeting with a one (1) hour minimum, the highest rate prevailing, as follows: a. Base Rate: One Hundred Fifty -Nine and 00/100 dollars ($159.00) for any meeting up to one (1) hour (billable time) plus Thirty -Seven and 75/100 dollars ($37.75) for each thirty (30) minutes following the first one (1) hour; or b. Unit Rate: Forty -Nine and 50/00 dollars ($49.50) for the first hour of meeting time and Thirty -Three and 00/100 dollars ($33.00) for every hour after the first hour plus Fifteen and 75/100 dollars ($15.75) for each page of draft minutes for submission to the City of Medina for their preparation of final minutes. At the end of the term of this Addendum or any extension of it, the parties may make a new Agreement or extend or modify the terms of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording Secretary Service Agreement as of the day and year indicated. January , 2023 CITY OF MEDINA By: Kathy Martin Its: Mayor By: Scott Johnson Its: City Administrator November 1, 2022 TIMESAVER OFF SITE SECRETARIAL, INC. By: e '� Carla Wirth Its: President & CEO ADDENDUM TO RECORDING SECRETARY SERVICE AGREEMENT Dated: December 31, 2022 By and between TimeSaver Off Site Secretarial, Inc. and the City of Medina, 2052 County Road 24, Medina, MN 55340. 1. EXTENSION OF RECORDING SECRETARIAL SERVICE AGREEMENT: The term of the existing Recording Secretary Service Agreement dated December 31, 2021 shall be extended under the same terms and conditions to December 31, 2023. 2. TOSS CHARGES: TOSS shall be paid for its services as recording secretary for each meeting with a one (1) hour minimum, the highest rate prevailing, as follows: a. Base Rate: One Hundred Fifty -Nine and 00/100 dollars ($159.00) for any meeting up to one (1) hour (billable time) plus Thirty -Seven and 75/100 dollars ($37.75) for each thirty (30) minutes following the first one (1) hour; or b. Unit Rate: Forty -Nine and 50/00 dollars ($49.50) for the first hour of meeting time and Thirty -Three and 00/100 dollars ($33.00) for every hour after the first hour plus Fifteen and 75/100 dollars ($15.75) for each page of draft minutes for submission to the City of Medina for their preparation of final minutes. At the end of the term of this Addendum or any extension of it, the parties may make a new Agreement or extend or modify the terms of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording Secretary Service Agreement as of the day and year indicated. January , 2023 CITY OF MEDINA By: Kathy Martin Its: Mayor By: Scott Johnson Its: City Administrator November 1, 2022 TIMESAVER OFF SITE SECRETARIAL, INC. ti By: Carla Wirth Its: President & CEO Service Addendum to the Master Services Agreement This ADDENDUM (“Addendum”)is made to the Master Service Agreement (“Agreement”) between AND 1.Term of Addendum: This Addendum will begin on the 1st day of the month of December 2022 and continue for 12 consecutive months ending on November 30, 2023, unless terminated earlier as provided herein. 2.Services Provided (see attached document for plan description) •Network Support with Enhanced Security Bundle 3.Monthly Fees: 4.Support Scope: 5.Specific Notes: Client is enrolling into the following Enhanced Security products: ThnAir Managed Security Awareness Program & Dark Web Monitoring, ThnAir Managed AI Email Scanning Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents, understand them, and agree to be bound by their terms and conditions. For Client: Authorizing Signature: ________________________________________________ Date: ____________ Print Name:_______________________________________ Title: _____________________________ SBINC: Solution Builders, Inc. Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ CLIENT City of Medina 2052 County Road 24 Hamel, Mn 55340 SBINC Solution Builders, Inc. 3500 American Blvd W, Suite 50 Bloomington, MN 55431 (Main) 952.854.8188 (Fax) 952.854.0864 Server Count Workstation Count Staff Count (Annual High) 1 55 30 SBInc Plan Monthly Amount Annual Amount Network Support with Enhanced Security Bundle (See Specific Notes) $3,415.00 $40,980.00 Service Addendum to the Master Services Agreement This ADDENDUM (“Addendum”)is made to the Master Service Agreement (“Agreement”) between AND 1.Term of Addendum: This Addendum will begin on the 1st day of the month of December 2022 and continue for 12 consecutive months ending on November 30, 2023, unless terminated earlier as provided herein. 2.Services Provided (see attached document for plan description) •Managed Disaster Recovery Service (server backup) •Spanning for O365 Backups 3.Monthly Fees: 4.Support Scope: 5.Agents that require an additional physical storage server will be charged at the First Agent rate. 6.Setup Fee: $75.00 one-time setup fee per server or agent. 7.Additional Image Retention Time (extends from 12 to 24 months): $20.00 per month (pooled). If client would like this additional retention period, please initial here ____________. Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents, understand them, and agree to be bound by their terms and conditions. For Client: Authorizing Signature: ________________________________________________ Date: ____________ Print Name:_______________________________________ Title: _____________________________ SBINC: Solution Builders, Inc. Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ CLIENT City of Medina 2052 County Road 24 Hamel, Mn 55340 SBINC Solution Builders, Inc. 3500 American Blvd W, Suite 50 Bloomington, MN 55431 (Main) 952.854.8188 (Fax) 952.854.0864 Initial Agent Count Initial Storage Space Per 2TB Per Month Additional First Agent Additional Agents* 1 2 TB $100.00 $160.00 / mo $60.00 / mo SBInc Plan Monthly Amount Annual Amount Managed Disaster Recovery Service $160.00 $1,920.00 Spanning for O365 Backups $141.00 (varies based on number of mailboxes backed up $1,692.00 Microsoft Cloud Services Addendum to the MSA This ADDENDUM (“Addendum”)is made to the Master Service Agreement (“Agreement”) between AND 1.Services Provided: Microsoft Cloud Services are licenses for cloud-based services and SaaS applications provided and / or hosted by Microsoft. Solution Builders, Inc., as the Microsoft Cloud Services Partner, is a reseller for Microsoft Cloud Services which include, (but are not limited to), applications such as Exchange Online, Microsoft Teams, Azure Cloud Services, and Office 365. By utilizing these services Client agrees to the terms in the Microsoft Cloud Services Agreements located on Microsoft’s website (as amended) and are included in this Addendum by reference. 2.Partner of Record: Client agrees that SBINC shall be the “Partner of Record” in the Client’s Microsoft Service Portal(s). 3.Cancellation of Service: Client acknowledges that each Microsoft Online Service subscription agreement will have individual term commitments. Client is responsible for all license fees for Microsoft services for the entire term of all Microsoft License Agreements. If Client wishes to terminate any or all Microsoft cloud services prior to the end of the term of any, and / or all Microsoft License Agreements, Client will be responsible for all Microsoft License Fees through the remainder of any License Agreement Term. 4.Monthly Fees: Various based on subscription type. 5.Support Scope: Support is not included in this Microsoft Cloud Services Addendum. Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents, understand them, and agree to be bound by their terms and conditions. For Client: Authorizing Signature: ________________________________________________ Date: ____________ Print Name:_______________________________________ Title: _____________________________ SBINC: Solution Builders, Inc. Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ CLIENT City of Medina 2052 County Road 24 Hamel, Mn 55340 SBINC Solution Builders, Inc. 3500 American Blvd W, Suite 50 Bloomington, MN 55431 (Main) 952.854.8188 (Fax) 952.854.0864 Network Support with Enhanced Security Support Services Provided ✓Selected Enhanced Security Products to be managed by Solution Builders. ✓10% Discount for project labor ✓$250 Workstation installation fee Support Services Not Included ✓Projects ✓Installation Labor ✓Onsite After-Hours Emergency Support for Non-Critical Systems ✓Any costs for Hardware, Software, Licensing Compliance Audits, or Infrastructure purchases or replacements ✓Major Operating System/Software/Firmware Upgrades ✓Non-Coordinated Client or Third Party System Modifications ✓Non-Business Related Data and Applications ✓Custom Programming Services ✓Microsoft Licensing Verification Audits ✓Third Party Support Fees Client Initials ___________ STRATEGY INFRASTRUSCTURE INFRASTRUSCTURE & SUPPORT SUPPORT Technology Consulting Proactive Technology Management Network Administration Reactive Support Services Dedicated Client Manager Centralized Services Dedicated Network Administrator Client Support Team ✓Technology Summary ✓Design Desk Resource ✓Budget Planning ✓Business Impact of Technology Decisions ✓Project Management ✓Patch Management ✓Anti-Virus Software ✓Spam Filtering Software ✓Desktop Optimization ✓Documentation ✓Backup Management ✓*Security Awareness Training & Dark Web Monitoring ✓*Proactive AI Email Scanning ✓Network Health Reviews based on Best Practices ✓Centralized Service Report Review ✓Support Desk Support ✓Onsite Support ✓Remote After-Hours Emergency Support ✓Onsite After-Hours Emergency Support for Critical Systems ✓Problem Isolation &Resolution ✓Tier1 LOB Application Support ✓“How To” Questions ✓Client Portal ✓Remote Support Framework Managed Disaster Recovery Service Support Services Provided ✓On-site storage system appropriate for the client environment ✓2TB of secure and encrypted remote storage (pooled)* ✓1 Year of Backup Image Retention ✓Daily backup completion monitoring ✓Full system recovery service ✓Virtual machine operation in case of disaster ✓Client-initiated annual disaster recovery plan review ✓Client-initiated annual disaster recovery testing Support Services Not Included ✓Additional remote storage or retention time as business needs grow ✓Replacement hardware procurement and deployment (if required for disaster recovery) System Requirements ✓Microsoft Windows Servers or Workstations (2008 and up) ✓4MB Upload Internet speeds or above * Disk space calculation is based on the raw, uncompressed data on the source disk volume. Client Initials ___________ Enhanced Security Services Security Awareness Training & Dark Web Monitoring ✓It has engaging content –short animated videos and online quizzes ensure that training reaches every employee ✓User-Friendly personalized training portal makes security training painless and convenient for employees ✓New training assets –fresh phishing videos released regularly to reflect current threats ✓Monitors the domain website for company’s user credentials on the dark web. ✓Provides comprehensive validated data from Dark Web markets and finds exposed credentials fast ✓Easy to integrate into ticketing and PSA platforms for alerting Proactive AI Email Scanning ✓Email defense platform that warns the user if something is wrong with an email they receive ✓Utilizes machine learning to scan emails and provide intelligent insight into what could possibly be malicious communication, phishing, spear phishing and whaling attacks ✓Built-in forensic investigation platform that makes client investigations much more thorough Client Initials ___________ Managed Disaster Recovery Service This Managed Disaster Recovery Service Addendum (“Service Addendum”) sets forth the specific terms and conditions under which Solution Builders, Inc. (“SBINC”) shall supply certain Services (the "Service") to Client (“Client”). The Master Service Agreement entered into between SBINC and Client fully incorporates the terms herein and provides that this Service Addendum, and Client’s execution of the Master Services Agreement constitutes acceptance of the terms and conditions stated herein. Capitalized terms used but not defined herein shall have the meanings set forth in the Master Service Agreement. By accepting or using the Service, Client acknowledges that they do not own the hardware and licenses but that under the terms of this Service Addendum, in consideration of the fees paid by Client to SBINC, they ma y use the Service. 1.Acceptable Use:Client agrees not to use the Service in any application that may involve risks of death,personal injury,severe property damage or environmental damage,or life support applications,devices or systems.Client will not use the Service for information,data or material that (a)infringes on the intellectual property rights of any third party or any rights of publicity or privacy;(b)violates any law,statute, ordinance or regulation (including but not limited to the laws and regulations governing,unfair competition,anti-discrimination or false advertising);(c)is defamatory,trade libelous,unlawfully threatening,or unlawfully harassing;(d)is obscene,pornographic or indecent in violation of applicable law;(e)contains any virus or other programming routine intended to damage any system or data;or (f)is provided in breach of any prior contractual commitment to any third party. 2.Service Level Provisions:If the Service fails to perform as promised in this Service Addendum,Client’s sole and exclusive remedy shall be the return of fees paid for use of the Service during the past 12 months for which the Service failed to perform as promised.Notwithstanding the foregoing,if any failure of the Service has resulted from abuse,misapplication,or unauthorized use,the limited warranty provided by this Service Addendum is and shall be void.If the forgoing remedy is exercised and a refund of fees has been issued,Client will,in this event, have the option to terminate this agreement by providing 30 day written notice of termination to SBINC. To the maximum extent permitted by applicable law,client acknowledge that SBINC’s obligations and liabilities with respect to the Service are as defined in this Service Addendum.Client agrees that the express obligations and warranties made by SBINC in this Service Addendum are in lieu of and to the exclusion of any warranty,condition,term,undertaking or representation of any kind,express or implied,statutory or otherwise relating to anything supplied or services provided under or in connection with this Service Addendum including (without limitation)as to the condition,quality,performance,or fitness for the purpose of the Service or any part of it. Client is responsible for the consequences of any use of the Service.SBINC will not be liable for any indirect or consequential loss,damage, cost or expense of any kind whatsoever and however caused,whether arising under contract,tort (including negligence)or otherwise, including (without limitation)loss of production,loss of or corruption to data,theft of data,loss of profits or of contracts,loss of operation time and loss of goodwill or anticipated savings,even if SBINC has been advised of their possibility. SBINC accepts liability to the extent it results from the negligence of SBINC and its employees.Client’s exclusive remedy shall be the return of fees paid for the Service during the past 12 months for which the Service failed to perform as promised as a result of SBINC’s negligence. In all other cases not falling within those previously stated herein SBINC’s total liability (whether in contract,tort,including negligence,or otherwise)under or in connection with this Service Addendum or based on any claim for indemnity or contribution will not exceed the fees paid for use of the Service during the past 12 months for which the Service did not perform as required. Client agrees that,except as expressly provided in this Service Addendum,client shall indemnify and hold SBINC,its affiliate companies,and its stock holders harmless against all third party claims,demands,suits,actions,judgments,losses,costs,damages (direct,indirect and consequential),attorney's fees and expenses that you may sustain or incur by reason of any breach or alleged breach of any term or condition of this Service Addendum (including reasonable attorney’s fees)and for any act or omission of Client or its clients which are in any way related to the SBINC Service.SBINC will not incur any liability of any kind whatsoever and however caused arising directly or indirectly in connection with this Service except in so far as SBINC is liable as expressly provided in this Service Addendum. Client acknowledges and agrees that the allocation of risk contained in this agreement is reflected in the price paid for the Service. 3.Termination:If Client terminates this Service Addendum with SBINC prior to the expiration of this Service Addendum,other than by reason of any breach of this Service Addendum on the part of SBINC,Client will be liable to make a one-time payment covering monthly fees for the remainder of the months remaining under the Service Addendum calculated by multiplying the months remaining on the Service Addendum by the agreed to monthly fee. At the end of the Service Addendum Period,the Service Addendum will automatically renew for an equal period at the then current published rates,unless otherwise agreed to by both parties in writing at least 30 days prior to the end of this Service Addendum period.Client understands and accepts that SBINC cannot infer cancellation of Client’s account simply as a result of backups not occurring and that,until written notification of Client’s wish to cancel the account is received,the account remains active and billable. SBINC will remove and destroy all of Client’s data backed up during the use of the service 30 days after the termination date of this agreement. Client Initials ___________ Virtual Onsite (HaaS) and ThnAir Products This Virtual Onsite (HaaS) and ThnAir Products Service Addendum (“Service Addendum”) sets forth the specific terms and conditions under which Solution Builders, Inc. (“SBINC”) shall supply certain Services (the "Service") to Client (“Client”). The Master Servic e Agreement entered into between SBINC and Client fully incorporates the terms herein and provides that this Service Addendum, and Client’s execution of the Master Services Agreement constitutes acceptance of the terms and conditions stated herein. Capitalized terms used but not defined herein shall have the meanings set forth in the Master Service Agreement. By accepting or using the Service, you acknowledge that you do not own the hardware and licenses but that under the terms of this Service Addendum, in consideration of the fees paid by Client to SBINC, you may use the Service. 1.Acceptable Use:Client agrees not to use the Service in any application that may involve risks of death,personal injury,severe property damage or environmental damage,or life support applications,devices or systems.Client will not use the Service for information,data or material that (a)infringes on the intellectual property rights of any third party or any rights of publicity or privacy;(b)violates any law,statute, ordinance or regulation (including but not limited to the laws and regulations governing,unfair competition,anti-discrimination or false advertising);(c)is defamatory,trade libelous,unlawfully threatening,or unlawfully harassing;(d)is obscene,pornographic or indecent in violation of applicable law;(e)contains any virus or other programming routine intended to damage any system or data;or (f)is provided in breach of any prior contractual commitment to any third party. 2.Service Level Provisions:If the Service fails to perform as promised in this Service Addendum,Client’s sole and exclusive remedy shall be the return of fees paid for use of the Service during the past 12 months for which the Service failed to perform as promised.Notwithstanding the foregoing,if any failure of the Service has resulted from abuse,misapplication,or unauthorized use,the limited warranty provided by this Service Addendum is and shall be void.If the forgoing remedy is exercised and a refund of fees has been issued,Client will,in this event, have the option to terminate this Addendum by providing 30 day written notice of termination to SBINC. To the maximum extent permitted by applicable law Client acknowledges that SBINC’s obligations and liabilities with respect to the Service are as defined in this Service Addendum.Client agrees that the express obligations and warranties made by SBINC in this Service Addendum are in lieu of and to the exclusion of any warranty,condition,term,undertaking or representation of any kind,express or implied,statutory or otherwise relating to anything supplied or services provided under or in connection with this Service Addendum including (without limitation)as to the condition,quality,performance,or fitness for the purpose of the Service or any part of it. Client is responsible for the consequences of any use of the Service.SBINC will not be liable for any indirect or consequential loss,damage, cost or expense of any kind whatsoever and however caused,whether arising under contract,tort (including negligence)or otherwise, including (without limitation)loss of production,loss of or corruption to data,theft of data,loss of profits or of contracts,loss of operation time and loss of goodwill or anticipated savings,even if SBINC has been advised of their possibility. SBINC accepts liability to the extent it results from the negligence of SBINC and its employees.Client’s exclusive remedy shall be the return of fees paid for the Service during the past 12 months for which the Service failed to perform as promised as a result of SBINC’s negligence. In all other cases not falling within those previously stated herein SBINC’s total liability (whether in contract,tort,including negligence,or otherwise)under or in connection with this Service Addendum or based on any claim for indemnity or contribution will not exceed the fees paid during the past 12 months of the period for which the Service did not perform as required. Client agrees that,except as expressly provided in this Service Addendum,Client shall indemnify and hold SBINC,its affiliate companies,and its stock holders harmless against all third party claims,demands,suits,actions,judgments,losses,costs,damages (direct,indirect and consequential),attorney's fees and expenses that you may sustain or incur by reason of any breach or alleged breach of any term or condition of this Service Addendum (including reasonable attorney’s fees)and for any act or omission of Client or its clients which are in any way related to the SBINC Service.SBINC will not incur any liability of any kind whatsoever and however caused arising directly or indirectly in connection with this Service except in so far as SBINC is liable as expressly provided in this Service Agreement. Client acknowledges and agrees that the allocation of risk contained in this agreement is reflected in the price paid for the Service. 3.Termination:If Client terminates this Service Addendum with SBINC prior to the expiration of this Service Addendum,other than by reason of any breach of this Service Addendum on the part of SBINC,Client will be liable to make a one-time payment covering monthly fees for the remainder of the months remaining under the Service Addendum calculated by multiplying the months remaining on the Service Addendum by the agreed to monthly fee. At the end of the Service Addendum Period,the Service Addendum will automatically renew for an equal period at the then current published rates,unless otherwise agreed to by both parties in writing at least 30 days prior to the end of this Service Addendum Period.Client understands and accepts that SBINC cannot infer cancellation of the account simply by non-use and,until written notification of Client’s wish to cancel the account is received,the account remains active and billable. Hardware deployed during the term of the Service Addendum must be returned to SBINC within 30 days upon termination of the agreement. Client Initials ___________ Relationship Summary . No signature is required for this page –it is a summary only Subscription Plan Est. Monthly Amount ThnAir Managed Disaster Recovery Service $160.00 ThnAir Managed Cloud Backups for Office 365 $141.00 ThnAir Managed Security Awareness Program & Dark Web Monitoring Included ThnAir Managed AI Email Scanning Included SBInc Plan (Addendum)Monthly Amount Network Support with Enhanced Network Security $3,415.00 Quad-City Agreement Page 1 of 3 November 15, 2022 Independence Request City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director and Steve Scherer, Public Works Director DATE: November 9, 2022 MEETING: November 15, 2022 City Council SUBJ: Quad City Sewer Agreement – Independence Request Background On August 3, 2022, the City Council discussed a request from the City of Independence for additional sewer units for a residential development south of Lake Independence, northwest of County Road 19 and Perkinsville Road. Medina operates a sanitary sewer main along County Road 19/County Road 29 into which the cities of Greenfield, Independence, and Loretto also discharge wastewater. The system includes a lift station and forcemain for a portion of the distance and gravity sewer for most of the distance. The portion of the system operated by Medina extends from the Met Council connection point just to the southwest of Medina’s border to a point just north of Ardmore Avenue. Independence operates the system north of this point its border with the City of Greenfield. A map of the sewer system is attached for reference. The property proposed for development in Independence is highlighted on the map. Medina and Independence are reimbursed for certain costs of operating the system by the Metropolitan Council beginning in 2020, when the cities agreed for Loretto to connect to the system. The communities entered into the “Quad-City Agreement” to describe the terms and conditions of utilizing and operating the system. The Quad-City Agreement set a maximum number of units which communities would connect to different portions of the system. Agenda Item #8B Quad-City Agreement Page 2 of 3 November 15, 2022 Independence Request City Council Meeting Independence has requested an additional 26 connections for a new residential development south of Lake Independence. These units would be in addition to 41 connections already allowed south of Lake Independence and 274 units from the north. The Council discussed at the August 3 meeting. Generally, it was staff’s impression that the Council was not enthusiastic to amend the agreement and allow additional units. Ultimately, the Council directed staff to continue discussions and conduct additional analysis to make a recommendation. If the request for additional units were to move forward, the Council requested the following: 1) Analysis of pipe capacity downstream from additional units 2) Review of metering ability at Independence connection point; Independence to make whatever upgrades desired by Medina staff 3) Independence to provide information on planned MUSA density 4) Independence (or developer) to reimburse for costs accrued by Medina in reviewing request and amending agreement 5) Independence to pay Medina sewer connection fees Capacity Analysis WSB reviewed the capacity of the downstream system. The portion of the system with the lowest excess capacity is the existing 10” sewer line from Highway 12 north to Gateway Blvd., approximately 525 feet. Upon development in Medina, the pipe is projected to have approximately 42 gallons per minute (gpm) of residual capacity. Allowing the units from Independence would add 22 gpm projected additional flow. This segment of pipe would be approaching 90%+ of capacity based on conservative projections. Although the additional 26 units are a small portion of the overall flow, it is a large portion of the projected residual capacity. Capacity would not be approached until the property in Medina north of Highway 12 were to be developed. Even then, the conservative projections suggest that there would be residual capacity. However, depending on inflow and infiltration (I/I) and the accuracy of the projections, staff did want to call attention to the segment which is nearing capacity. Staff believes that excess I/I is likely a higher threat to the capacity within the system than adding 26 additional units. I/I makes any projection more difficult. As such, staff does not oppose allowing the additional units to connect. Based on the City’s agreement with the Metropolitan Council for ultimate takeover of this system, if capacity were an issue, staff would recommend requesting Met Council funding for any required upgrade. There is precedent for this request, as the Met Council upgraded the pipe north of Sycamore Trail prior to allowing Loretto to connect. If the Met Council did not agree to the upgrade, the Quad City Agreement contemplates that the four communities would each be responsible for the cost of the upgrade, based on the number of units they contribute. Medina would be responsible for approximately 40%, Loretto 29%, Independence 26%, and Greenfield 5%. Quad-City Agreement Page 3 of 3 November 15, 2022 Independence Request City Council Meeting Metering Analysis WSB reviewed the metering of the Independence flow into this segment of pipe and determined that it was sufficient. Independence Planned Density The proposed development is under 0.75 units/acre. Independence has submitted its draft Comprehensive Plan to the Met Council for review, showing that other locations north of Maple Plain are planned at higher density to bring their overall planned density over 3 units/acre, as required for this designation. Payment of Medina Costs and Fees The developer and City of Independence agreed to reimburse Medina for the cost of reviewing this request and agreed to pay the City’s connection fees. Staff Recommendation As noted above, it appears that the conditions noted by the City Council to allow Independence to connect the additional 26 units could be satisfied. Staff did identify the downstream segment which is projected to be near full capacity based on current projections. These projections suggest the additional 26 units should be able to be supported, but staff did want to call specific attention to the fact that this segment may be nearing capacity. Staff does not oppose amending the agreement to allow the additional 26 units. The attached copy of the Quad-City Agreement identifies the changes on page 3 of the agreement. Exhibit B would also be updated to add the additional 26 units to the system. If the Council is supportive of the amendment, staff would seek direction to draft a formal amendment for execution. This could be placed on a future consent agenda. The amendment would need to also be agreed to by the cities of Loretto and Greenfield. Potential Action Motion to direct staff to draft the amendment to the Quad-City Agreement as described in the staff report. Attachments 1) Map of Quad-City sewer system (Exhibit A to Quad-City Agreement) 2) Quad-City Agreement, with proposed amendment (w/o exhibits) 3) Site Plan of proposed development !( «LS !( !(")!(!( !( «LS ") «LS ") «LS «LS !(Pipe E Pipe C1 Pipe C2 Cleanout Manhole MCES LiftStation MH12 MH22 MH2 3 OutletConnectionNo. 2 (MH 23a) MH29 Air ReleaseManhole OutletConnectionNo. 1LS-3 LS-5 Gree nfieldConnectionLS-1 LS-2 LS-4 Loretto L if t Sta tionLS-6 LorettoConnection MH27 Pipe D5 PipeD2 Pipe D 6 PipeD3 Pipe D1 Pipe B Pipe A PipeD4 Pipe F CorcoranGreenfield Independence Loretto Maple Plain Medina Orono ¾¾Ç55 £¤12 456719 456711 456783 456724 456729 456790 4567115 4567201 Budd Ave CSAH 19LakeshoreAve CSAH 90 W Main St Pagenkopf Rd E Main St S Lake SarahDr CSAH 11 Chippewa RdSunsetLa Budd St Turner Rd Woodhill La Pioneer Tr CSAH 24 Becker Rd IndependenceRd Hamel Rd Townline Rd La ke Sa rahHeightsDr HomesteadTr TomahawkTr Quaas Cutoff Rd Fogleman Rd Ihduhapi Tr QUAD CITY AGREEMENT Sanitary Sewer Exhibit A 3,250 0 3,2501,625 Feet ± Path: L:\0846\0846-0011\mxd\Sanitary Sewer.mxdDate: 8/14/2019 Time: 3:12:13 PM User: BerK A1064 JUL 2019 Leg en d Municipal Boundaries Proposed Sanitary Sewer Existing Sanitary Sewer !(Manhole ")Connection «LS Lift Station !( !( ") !( !( !( MH22 MH23 OutletConnectionNo. 2 (MH23a) MH27 MH29456719 Drake St CSAH 19 Sycamore Tr Pipe D2 Pipe D5 Pipe E Pipe D3 Pipe D4 Segment Units %Units %Units %Units % A 0 0.0%104 59.1%72 40.9%0.0% B 0 0.0%144 100.0%0 0.0%0 0.0% C-1 0 0.0%274 79.2%72 20.8%0 0.0% F 0 0.0%0 0.0%0 0.0%380 100.0% C-2 0 0.0%274 37.7%72 9.9%380 52.3% D-1 239 24.8%274 28.4%72 7.5%380 39.4% D-2 239 24.8%274 28.4%72 7.5%380 39.4% D-3 26 100.0%0 0.0%0 0.0%0 0.0% E 0 0.0%67 100.0%0 0.0%0 0.0% D-5 265 25.0%341 32.2%72 6.8%380 35.9% D-6 504 38.9%341 26.3%72 5.6%380 29.3% * Units indicated equal sum of eixsting and proposed. Medina Independence Greenfield Loretto Exhibit B Cost Sharing Formulas 1 MEDINA/INDEPENDENCE/GREENFIELD/LORETTO QUAD-CITY AGREEMENT THIS QUAD-CITY AGREEMENT is made and entered into this ______ day of _______________, 2019, by and among the City of Medina, (“Medina”), the City of Independence (“Independence”), the City of Greenfield (“Greenfield”), and the City of Loretto (“Loretto”), all Minnesota municipal corporations located in Hennepin County, Minnesota (collectively, the “Quad-Cities”). RECITALS WHEREAS, Medina, Independence, and Greenfield (the “Tri-Cities”) entered into an agreement (the “Original Tri-City Agreement”) on the 9th day of April, 1985, for the purpose of outlining the conditions under which Independence had the right to install and connect sanitary sewer facilities to Medina’s sanitary sewer system, and the Tri-Cities agreed to maintenance and service procedures and cost sharing related thereto; and WHEREAS, the Tri-City Agreement was amended by the First Amendment on the 5th day of April, 1994 and the Second Amendment on the 20th day of July, 2010 (as amended, the “Tri-City Agreement”); and WHEREAS, the Tri-City Agreement permits Independence and Greenfield to make certain connections and discharge specified amounts of septate or sewage into Medina’s sanitary sewer facilities; and WHEREAS, Loretto has requested to connect its sanitary sewer system to the existing sanitary sewer facilities described in the Tri-City Agreement; and WHEREAS, the Tri-City Agreement contemplated the need for an amendment to accommodate Loretto’s connection; and WHEREAS, reimbursement for some operation and maintenance costs of the shared sanitary sewer facilities will be made by the Metropolitan Council of Environmental Services (MCES); and WHEREAS, in recognition of the foregoing, the Quad-Cities wish to enter into this new agreement (the “Quad City Agreement”) and terminate the Tri-City Agreement. NOW, THEREFORE, in consideration for the understandings and promises set forth herein, it is mutually agreed by the Quad-Cities as follows: AGREEMENT SECTION I. DEFINITIONS. For the purpose of this Quad-City Agreement, the following words and phrases shall have the meanings ascribed to them. Subd. 1 Outlet Connection No. 1 is at the Medina lift station (LS-3) on the north end of Baker Park, as shown on Exhibit A. Subd. 2 Outlet Connection No. 2 is a point in the trunk line where Pipe E from Independence connects with Pipe D4, as shown on Exhibit A. 2 Subd. 3 Greenfield Connection is the point where the Greenfield sanitary sewer collection system connects with Pipe A, as shown on Exhibit A. Subd. 3.1. Loretto Connection is the point where Pipe F connects the Loretto sanitary sewer system to Pipe C-2, as shown on Exhibit A. Subd. 4 Pipe A is the force main sewer, Independence lift station (LS-55) and appurtenances from the south corporate limits of Greenfield along Lake Sarah Heights Drive, Sunset Lane and Town Line Road to the intersection of Town Line Road and County Road 11, as shown on Exhibit A. Pipe A does not include any individual services, individual pumps, individual septic tanks, any parallel lines which directly serve individual properties, or any portion of Greenfield’s system. Subd. 5 Pipe B is the force main sewer, lift stations, motors and appurtenances from South Lake Sarah Drive, Woodhill Drive, Independence Road and County Road 11 to the intersection of County Road 11 and Town Line Road, not including LS-5, as shown on Exhibit A. Subd. 6 Pipe C-1 is the force main sewer commencing at the intersection of Town Line Road and County Road 11 and then east on County Road 11 to the Loretto Connection at County Road 19, as shown on Exhibit A. No individual services, individual pumps or individual septic tanks are connected to Pipe C-1. Subd. 6.1. Pipe C-2 is the force main sewer commencing at the Loretto Connection at the intersection of County Road 11 and County Road 19, then south along County Road 19 to Outlet Connection No. 1, as shown on Exhibit A. No individual services, individual pumps or individual septic tanks are connected to Pipe C-2. Subd. 7 Pipe D-1 includes the Medina lift station (LS-3) in Baker Park and the force main from the lift station extending past the Air Release Manhole to a cleanout manhole as shown on Exhibit A. Pipe D-1 consists of approximately 3700’ of 8” High Density Poly Ethylene (HDPE) pipe, portions were installed in 1999 and 2001. Subd. 8 Pipe D-2 is the force main extending from the cleanout manhole to Manhole 29 as shown on Exhibit A. Pipe D-2 consists of approximately 1270’ of 8” Ductile Iron Pipe (DIP) and was installed in 1976. Subd. 9 Pipe D-3 is the gravity line extending from Manhole 29 to Manhole 23 as shown on Exhibit A. Pipe D-3 consists of approximately 1930’ of 8” Polyvinyl Cloride (PVC) pipe and was installed in 1976. Upon construction of Pipe D-4, the portion of Pipe D-3 north and east of Manhole 27 is proposed to be abandoned by the MCES. Subd. 10 Pipe D-4 is the future gravity line extension that will extend from Manhole 29 to Outlet Connection No. 2 as shown on Exhibit A. Subd. 11 Pipe D-5 is the gravity line extending from Outlet Connection No. 2 to Manhole 12 as shown on Exhibit A. Pipe D-5 consists of approximately 3984’ of 10” PVC pipe and was installed in 1976. Subd. 12 Pipe D-6 is the gravity line extending from Manhole 12 to the MCES Lift Station as shown on Exhibit A. Pipe D-6 consists of approximately 2657’ of 15” concrete pipe and was installed in 1976. Subd. 13 Pipe E is the force main sewer, lift stations and appurtenances commencing on South Lakeshore Drive to Perkinsville Road and then east along Perkinsville Road to Outlet Connection No. 2, as shown on Exhibit A. 3 Subd. 14 Pipe F is the force main sewer, lift station (LS-6) and appurtenances extending from Loretto’s wastewater lagoons to Pipe C-2, as shown on Exhibit A. The connection from Pipe F to Pipe C- 2 is at the southwest corner of the intersection of County Road 19 and County Road 11. Subd. 15 Independence Beach Lateral System is the sewer line and appurtenances connecting the plat of Independence Beach, Hennepin County, and its environs, with the Medina lift station (LS-3). Subd. 16 Maintenance and Operation Costs means all costs, including labor and materials, which are necessary to maintain and operate a designated sanitary sewer line, lift station and related improvements, as shown on Exhibit B. Subd. 17 Independence Lateral System means the City of Independence sanitary sewer and septate collection system. Subd. 18 Lift Station Storage Modules means devices designed and installed for the purpose of storing excess sewage or septate at lift stations. Subd. 19. Quad-City System means, collectively, all facilities and elements of the sanitary sewer systems of the Quad Cities described or listed in this Quad-Cities Agreement. Subd. 20. Unit means a factor applied to a particular connection to the sanitary sewer system based upon estimated expected sanitary sewer usage. Unit calculations are based upon MCES’s Sewer Availability Charge (SAC) procedure manual where a single-family detached dwelling is equivalent to one unit. SECTION II. GRANT OF ACCESS/MAXIMUM ALLOWABLE DISCHARGE AND CONNECTIONS. Subd. 1. Medina grants to Independence, Greenfield, and Loretto the authority to discharge septate and sewage into Medina’s sanitary sewer facilities, subject to the conditions described herein. Subd. 2. Independence grants to Greenfield and Loretto the authority to discharge septate and sewage into Independence’s sanitary sewer facilities subject to the conditions described herein. Subd. 3. The maximum allowable discharge from the Greenfield Connection is 80 gallons per minute (GPM) and 24,000 gallons per day from a maximum of 72 Units. Subd. 4. The maximum allowable discharge from LS-5 into Pipe C shall not exceed 200 GPM and 103,000 gallons per day from a maximum of 274 Units (254 single-family Units plus Vinland National-20 Units) from Independence and 72 Units from Greenfield. Subd. 5. The maximum allowable discharge from the Outlet Connection No. 2 is 102 80 GPM and 24,300 17,000 gallons per day from a maximum of 67 41Units. Subd. 6. The maximum allowable discharge from the Loretto Lift Station (LS-6) is 80 GPM and 111,000 gallons per day from a maximum of 380 Units (350 existing Units as of the date this agreement + maximum of 30 additional future Units). Subd. 7. The location of Units in Independence and Greenfield which may connect to the Quad- City System shall only be in locations as depicted in Exhibit C and D, attached hereto, unless explicitly approved by Medina. 4 SECTION III. PAYMENT FOR THE COST OF CONSTRUCTION. Subd. 1. Loretto shall pay one hundred percent (100%) of the cost to construct, reconstruct, maintain, repair and use Pipe F, the Loretto liftstation (LS-6), and associated equipment. Subd. 2. Pipe D-4 shall be constructed to bypass Pipe D-3 prior to Loretto connecting to Pipe C- 2. MCES has agreed to perform this project at no cost to the Quad-Cities and will own this pipe. SECTION IV. MAINTENANCE AND OPERATION OF SEWER SYSTEMS. Subd. 1. The MCES has agreed to reimburse Medina and Independence for the maintenance and operation of certain portions of the Quad-City system through separate agreements. These agreements are attached hereto as Exhibits E and F. Maintenance, operation, and replacement costs which are not reimbursed by the MCES shall be paid for in accordance with this Section IV. Subd. 2. Independence shall maintain and repair Pipes A, B, C-1, C-2, and E, including lift stations LS-1, LS-2, LS-4, and LS-5 and associated equipment and appurtenances. Sharing of costs which are not reimbursed by the MCES shall be in accordance with the formula set forth in Exhibit B. Subd. 3 Medina shall maintain and repair Pipes D-1, D-2, D-3, D-5 and D-6, including the Medina lift station (LS-3) and associated equipment and appurtenances. Sharing of costs which are not reimbursed by the MCES shall be in accordance with the formula set forth in Exhibit B. Subd. 4 Loretto shall maintain and repair Pipe F, including the Loretto lift station(LS-6) and associated equipment and appurtenances. Subd. 5. The services performed by each city on the sewer lines, lift stations and appurtenances under their respective jurisdictions and subject to this Agreement shall include periodic inspection, running time meter reading, maintenance and repair, including emergency repair where necessary to keep the system operating. Excessive infiltration shall be repaired as soon as is feasible. All services shall be performed by qualified personnel. The standards of performance for services performed under this section shall be established and administered by the city responsible for such services. Costs for salary, health insurance, worker’s compensation, PERA, income tax withholding, and other expenses shall be borne by each city, respectively, for its employees. Subd. 6. Medina is solely responsible for maintenance and replacement of the Independence Beach Lateral System. Subd. 7. The Quad-Cities shall each be responsible for surcharges from the MCES related to excess inflow and infiltration (I/I) of their respective portions of the Quad-City System. If the MCES does not allocate the surcharges for Greenfield at the Greenfield Connection and for Independence at Outlet Connection No. 2, the Quad-Cities agree to allocate the surcharges based upon relevant meter readings. The Quad-Cities will proactively inspect and monitor their portion of sanitary sewer systems for I/I and promptly make improvements when excess I/I is identified. 5 SECTION V. METERING OF FLOW FROM PIPES A, B, C, and F; REPORTING Subd. 1. Independence shall maintain flow meters at Outlet Connection #2. MCES has agreed to maintain a flow meter for Independence at LS-5. Greenfield shall provide flow measurement at Greenfield lift station #1 (LS-1). MCES has agreed to maintain a flow meter and provide flow measurement at Loretto lift station #6 (LS-6). Greenfield shall supply Independence these sewage flow records within five days after the end of each calendar quarter. Independence shall furnish to Medina sewage flow records from Outlet Connection #2 within 10 days after the end of each calendar quarter. Medina shall have access to flow records for the Quad-City System from the MCES. Subd. 2. Medina, Independence, Loretto, and Greenfield shall pay to the MCES their respective shares of user fees based on the measured flows. SECTION VI. ARBITRATION. Any controversy or claim arising out of or related to this Quad-City Agreement or the breach thereof shall be settled between or among the members of the Quad-Cities in disagreement in the following matter: Subd. 1. The disagreement shall first be submitted to the city administatrators of the Quad-Cities in disagreement for settlement. Any settlement shall be binding on the parties upon approval of the settlement by the city councils of the Quad-Cities in disagreement. Subd. 2. If any party determines that settlement cannot be reached pursuant to Subdivision 1, it may request arbitration by serving a request for arbitration on the other party or parties, by certified mail, together with a clear and concise statement of the claim or controversy and the name of one arbitrator. Subd. 3. Within twenty (20) days after request for arbitration, the other party or parties shall each name an arbitrator and inform the requesting party. If only two arbitrators have been named, the arbitrators shall then select an additional arbitrator within 10 days of service of notice of selection of the second arbitrator. In the event of the failure to appoint any of the arbitrators, application can be made, without legal process, by any party for appointment thereof by the Chief Judge of the Hennepin County District Court. All arbitrators shall be knowledgeable in municipal affairs. Subd. 4. Arbitration procedures and other matters not specifically set forth herein shall be governed by Chapter 572B of Minnesota Statutes, as amended. The fees and expenses of arbitration (excluding attorney fees, engineering fees and expert witness fees) shall be divided equally between or among the parties. An arbitration hearing shall be held at a location convenient to the parties within 20 days after appointment of the final arbitrator, and may be continued from time to time thereafter. The final decision of the arbitration panel shall be in writing, may be rendered by a majority of the arbitrators, shall be served by certified mail on all parties within 30 days of the submission of all evidence, and shall be final and binding on the parties hereto. Any party may make application for confirmation of the arbitration award and entry of judgment thereon in accordance with Chapter 572B of Minnesota statutes. Subd. 5. Any Quad-City not party initially to a dispute may become party to the arbitration proceedings outlined herein if, at time prior to a final settlement, it determines that its interests are at stake and may be adversely affected by the arbitration. 6 SECTION VII. EFFECTIVE DATE AND TERMINATION. Subd. 1. This Quad-City Agreement shall take effect upon approval by all of the parties’ city councils. This Quad-City Agreement shall continue until canceled by mutual agreement of the parties or until the sum of the combined flows exceeds the capacity of the system. If the combined flows exceed the system’s capacity, Medina shall serve written notice giving Independence, Loretto, and Greenfield a minimum of two years to: (i) make other provisions for sanitary sewer service, or (ii) reduce the combined flow to match the system’s capacity, or (iii) increase the system’s capacity to accept the additional flow. Subd. 2. If the combined flows exceed the system capacity, Loretto, Independence, and Greenfield each shall pay an amount in proportion to their respective flows for any improvement deemed necessary by Medina to increase said capacity. Subd. 3. If the combined flows exceed the system capacity, Medina shall grant to Independence, Loretto, and Greenfield the right and authority to construct the facilities necessary for the chosen alternative outlined above within rights-of-way and easements within the corporate boundaries of Medina. SECTION VIII. INSURANCE AND LIABILITY. Each party shall maintain commercial general liability insurance coverage for bodily injury and property damage in connection with the operation and maintenance of the portion of the Quad-City System for which each is responsible according to this Quad-City Agreement. No party to this Quad-City Agreement shall be liable to any other party for the other’s negligent actions or failure to act. In the event that a damage claim is asserted against any party or parties to this Quad-City Agreement, or any claim is paid or becomes payable under any party’s insurance policy, or in excess thereof, the contribution of any party shall be based upon relative fault of such party and any disagreement regarding the amount of contribution is subject to the arbitration provisions hereof. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amount in excess of the limits on liability established in Minnesota Statutes Ch. 466, applicable to any one party, and nothing herein limits any limitation on, or immunity from, liability under applicable law including Minnesota Statutes Ch. 466. SECTION IX. FLOW INTERRUPTION. During periods of emergency, Medina and Independence have the right to shut down upstream lift stations until the downstream emergency is resolved. The shut down shall be coordinated on a case by case basis by those cities’ public works staff. Shut downs for routine maintenance may be for periods of up to 8 hours by giving one week notice to the upstream cities. Longer periods of shut down require a 30- day notice. SECTION X. This Quad-City Agreement supersedes and replaces the Tri-City Agreement. IN WITNESS WHEREOF, the parties have authorized and executed this Quad-City Agreement on the dates noted on each of the following signature pages. 7 Date: _______________ , 2022. CITY OF MEDINA Kathleen Martin, Mayor ATTEST: Scott Johnson, City Administrator 8 Date: __________ , 2022. CITY OF INDEPENDENCE Marvin D. Johnson, Mayor ATTEST: Mark Kaltsas, City Administrator 9 Date: ___________ , 2022. CITY OF GREENFIELD Brad Johnson, Mayor ATTEST: Margaret Webb, City Administrator 10 Date: ________________________, 2022. CITY OF LORETTO Kent Koch, Mayor ATTEST: Mary K. Schneider, City Clerk-Treasurer Planning Department Update Page 1 of 2 November 15, 2022 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: November 9, 2022 MEETING: November 15, 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. City Council granted approval on November 1. Staff will work with the applicant to record necessary documents to finalize the requests. 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. The Planning Commission is scheduled to hold a public hearing at the November 9th 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 feedback prior to proceeding with full design of their project. The Planning Commission MEMORANDUM Planning Department Update Page 2 of 2 November 15, 2022 City Council Meeting 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) Willow Sanitary Sewer Lift Station – WSB is finalizing plans and specifications for the lift station to serve the area near Willow Drive, north of Chippewa Road. Staff found that an old telephone line easement is located in the ideal location for the lift station. Staff has been struggling to receive a response from Lumen (formerly CenturyLink) on our request to abandon the unutilized easement. C) Planning Commission orientation – I met with newly appointed Commissioner Ahmed for a brief orientation to the Planning Commission. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: November 9, 2022 RE: Police Department Updates Spent the past week attending several different meetings including the Hennepin County Chiefs of Police Association, Lake’s Area Chiefs of Police, and Hennepin County Attorney Candidate Form. All had valuable information. One thing that was discussed by the Lakes Area Chief’s meeting was our aging records management that most of us around the lake area use. We have a consortium of approximately 14 agencies, and we have been advised by our current vendor that they will no longer support the product. A letter was sent out to all of us advising that we have an approximately 12–18- month window to switch over to a new system. We have all been aware that this day would come since Law Enforcement Technology Group (LETG) had been bought out two times by bigger companies over the past several years. We have already been looking at new venders and had several demos. This is something that I have in my CIP for 2024. The next phase is to narrow the search down to two vendors and then create user groups for both admin and patrol. From past experience, even after picking a vendor it will take 6-12 months to work through data migration and other policy issues. We are hopeful that we can keep our consortium together which will also help with negotiating cost. I will have more on this over the next year. On November 8th Jacob Milinkovich reported for his first day of employment with the City of Medina. He is going to fill the role of a part time Community Service Officer (CSO). We are excited to get him on board and trained. We have been without a CSO for several months and officers and staff have filled the vacancy. Our second part time CSO will start next week, and we will be fully staffed. The CSO position is very important to our department as they do a lot of different things such as code enforcement issues, fleet maintenance, community relations, general patrol of problem areas, and assist front office with day-to-day operations, etc. On November 9th we held our annual firearms qualification shoot. This is required by the Minnesota Board of Peace Officer Standards and Training (POST). Other requirements are that it involve low light and cold inclement weather; all objectives were met. Officer Chris McGill has been the department’s firearm instructor for the past 20 plus years and does a great job in this roll. We are members of the Delano Sportsman’s Club, and this is where we do most of our firearm’s training. Being members allows us to reserve the range for police activities only which allows for a safe secured environment for our officers to train. Patrol: The following are updates of Patrol Officers between October 26 and November 8, 2022: Citations – 22 Warnings – 37 PD Accidents – 3 Medicals – 14 Suspicion Calls – 4 PI Accidents - 1 Assist Other Agencies – 14 Alarms – 8 Welfare Checks - 8 Traffic Complaints – 3 On 10/26/2022 at 1525 hours officers were dispatched to a reported injury accident at the intersection of Mohawk Drive and Chippewa Road. Officers learned an SUV had gone through the stop sign at Mohawk Drive while eastbound on Chippewa and was struck by a concrete truck that was southbound on Mohawk Drive. Luckily the concrete truck was at low speed when the collision occurred. The SUV sustained heavy damage. The concrete truck front bumper was bent and scratched. On 10/26/2022 officers were called to a disturbance at the ballfield at Hamel Legion Park. Reporting party advised people were playing on the main ballfield and the person told Dispatch that it was a “sacred field” and no one was supposed to be using it. Officer contacted the reporting party and advised the field was part of the city park and people could use it. On 10/27/2022 at 1838 hours officer was dispatched to a welfare check at Holiday, 1300 Baker Park Road. Person called 911 reporting he had found a female walking along Interstate 94 in north Minneapolis pulling a small cart. The caller stopped and picked up the female and gave her a ride to the Holiday on Baker Park Road. Caller was concerned for her welfare and wanted her checked on. Officer arrived at Holiday but could not locate the female, however her small cart was left on the sidewalk in front of the business. Officer made contact with employees who advised they did not know where the female went but said she did not seem in distress at all. On 10/28/2022 officers were dispatched to a grass fire in the area of the 600 block of Hackamore Road. Upon arrival, officers found neighbors had put out a small grass fire near the roadway. Officers learned a homeowner had been mowing leaves when it was believed the lawn tractor backfired which caused the fire to start. Hamel Fire Department responded and inspected the area but determined that the fire was indeed out, and no further action was needed. On 10/30/2022 officer took a phone call of an ongoing harassment issue in the 4100 block of Cavanaugh Drive. Homeowner reported an ongoing issue of juveniles ringing his doorbell and running away at all different times. Homeowner was able to provide several Ring videos of the juveniles involved. Photos were forwarded to the Homeowner’s Association and members were able to ID several of the juveniles whose parents were made aware of their actions. On 10/31/2022 officer stopped a juvenile driving 70 mph in a 40-mph zone along Hackamore Road. Officer provided the juvenile driver a certificate of achievement (speeding ticket) for driving so fast. On 11/01/2022 officer was dispatched to a reported missing person from the Wealshire of Medina. Staff reported a resident missing from one of the resident wings in the facility. Officer and staff began rechecking the interior of the facility and the missing resident was eventually found behind a couch in a different room. The resident was escorted back to their room. On 11/02/2022 officer took a theft from vehicle call in the 4300 block of Wild Meadows Drive. Resident reported a vehicle parked in the driveway had been gone through and two credit cards and $500 cash were taken from a wallet that had been left in the center console. On 11/07/2022 officer was called to a hold up alarm at Casey’s General Store reported to be a cash register alarm. Officer arrived on scene and had Dispatch call into the store. A manager reported no issue inside. The officer contacted the manager and employee working and it was determined the employee working was unaware of a money bait trip alarm in the cash register. Investigations: Began on-boarding the two new Community Service Officers (CSO). Attended West Hennepin Crime Collaboration meeting. Attended a course to become a trainer for our new AED’s that we are obtaining through a grant. Anticipated roll out of the devices will be mid-December. Received and began investigating two burglaries, along with a car theft that are correlated to many other crimes within our community, and at least three other cities. Two individuals identified as being involved at this time. There are currently 12 cases assigned to investigations. 1 TO: Honorable Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: November 08, 2022 MEETING: November 15, 2022 SUBJECT: Public Works Update STREETS • Streets have been swept in the Independence Beach neighborhood to keep leaves out of the storm sewer (and lake) as part of our MS4 phosphorus reduction plan. • The Public Works crew has been working diligently prepping our trucks for the DOT inspections and the snow season ahead. • Corcoran and Medina Staff have been working to finalize the plans for the Hackamore Road project. • Public Works graded most of the gravel roads this past week. Water had to be applied to grade because of the lack of rainfall. WATER/SEWER/STORMWATER • WSB and Staff have been working through the plans and specifications for the lift station on Willow Drive to serve the Northwest end of town. There is an old phone line easement in the area of the station. Dusty Finke is working on getting the easement removed before we are comfortable putting the project out to bid. • The Chippewa Road watermain extension from Polaris to Oaklee is now complete and online. This along with the extension from Arrowhead to Chippewa has added about a mile of redundancy to our water system trunk line. • Public Works has been bagging the fire hydrants along those roadways where salt is applied. Bagging will prevent corrosion from deteriorating the hydrants. • A mailing is being prepared to make residents in Morningside and Independence Beach aware of the MDH recommended manganese guidelines. PARKS/TRAILS • Dusty, Lisa, and I met with the HAC and Hawks group and discussed several items including parking, field maintenance rates, garbage collection, and fieldhouse cleanings. HAC and Staff are committed to settling parking issues that have come up over the past year. The previous agreement is in your work session packet. • Public Works, our contractor, and the Fire Departments successfully prepped and burned the house and buildings at the Chippewa Road park property. There is still a great deal of work for Public Works to finish. The work includes burning the MEMORANDUM 2 wood from the outbuildings, removing concrete, and hauling the rubble to a certified landfill. MISC • Derek and I have been working to get our new plow truck and generator ordered. As we are seeing everywhere, prices just keep going up with no end in sight. • Lisa overhauled the City’s 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. Next, the Safety Committee will review. ORDER CHECKS NOVEMBER 1, 2022 – NOVEMBER 15, 2022 053609 AGRE, CAROLINE .................................................................... $150.00 053610 ANYTIME FITNESS ..................................................................... $25.00 053611 BHATTA, APARNA V ................................................................. $500.00 053612 FARMERS STATE BANK OF HAMEL ....................................... $250.00 053613 GARIBAY, MIGUEL ................................................................... $200.00 053614 GODDARD SCHOOL................................................................. $250.00 053615 KESHAVA, SRINIVAS ............................................................... $300.00 053616 CORDEL L. KOSKIE ............................................................... $1,627.19 053617 METROPOLITAN COUNCIL ................................................. $12,300.75 053618 ORONO BASEBALL ASSN. ....................................................... $500.00 053619 WILD MEADOWS HOMEOWNERS ........................................... $250.00 053620 ADAMS PEST CONTROL INC .................................................. $125.82 053621 ASPEN MILLS INC .................................................................... $189.06 053622 BEAUDRY OIL & PROPANE .................................................. $1,869.40 053623 BERGERSON CASWELL INC. ............................................... $3,805.00 053624 BLUE CROSS BLUE SHIELD OF MN ................................... $38,993.13 053625 BOYER FORD TRUCKS INC .................................................. $3,446.40 053626 CORE & MAIN LP ................................................................. $96,339.47 053627 DITTER COOLING & HEATING.............................................. $1,000.99 053628 DOG WASTE DEPOT ................................................................ $427.96 053629 ECM PUBLISHERS INC ............................................................ $411.25 053630 FERGERSON WATERWORKS #2158 ................................. $17,157.06 053631 GOPHER STATE ONE CALL .................................................... $380.70 053632 HAMEL LUMBER INC ................................................................ $311.98 053633 HAMEL LIONS CLUB ............................................................. $1,225.00 053634 HENNEPIN COUNTY TREASURER ............................................ $25.00 053635 JIMMY'S JOHNNYS INC ............................................................ $473.58 053636 KENNEDY & GRAVEN CHARTERED .................................. $21,513.89 053637 LANO EQUIPMENT INC .............................................................. $13.46 053638 LAW ENFORCEMENT LABOR .................................................. $585.00 053639 LEXISNEXIS RISK DATA MGMT INC .......................................... $46.00 053640 CITY OF MAPLE PLAIN ......................................................... $3,043.09 053641 METROPOLITAN COUNCIL ................................................. $32,291.02 053642 METRO WEST INSPECTION ............................................... $23,539.89 053643 MINNESOTA STREET WORKS INC ......................................... $237.50 053644 MN CHIEFS OF POLICE ASSN ................................................. $100.00 053645 NAPA OF CORCORAN INC ...................................................... $124.07 053646 NELSON ELECTRIC MOTOR REPAIR .................................. $4,560.00 053647 ODP BUSINESS SOLUTION LLC .............................................. $343.03 053648 OMANN BROTHERS PAVING INC .................................... $336,805.48 053649 CITY OF ORONO ................................................................... $3,435.67 053650 PREMIUM WATERS INC ............................................................. $54.48 053651 SHI INTERNATIONAL CORP ................................................. $1,216.00 053652 SITEONE LANDSCAPE SUPPLY LLC ........................................ $57.60 053653 SOLUTION BUILDERS INC .................................................... $4,807.40 053654 STAR TRIBUNE........................................................................... $64.77 053655 TALLEN & BAERTSCHI .......................................................... $3,930.91 053656 TIMESAVER OFFSITE .............................................................. $309.63 053657 VESSCO, INC. ........................................................................ $1,035.33 053658 VIRIDIAN WEAPON TECHNOLOGIES ...................................... $134.00 053659 WESTSIDE WHOLESALE TIRE ............................................. $3,493.76 053660 WSB & ASSOCIATES ........................................................... $62,329.21 Total Checks $686,605.93 ELECTRONIC PAYMENTS NOVEMBER 1, 2022 – NOVEMBER 15, 2022 006593E CENTURYLINK.......................................................................... $267.39 006594E CIPHER LABORATORIES INC. .............................................. $1,407.00 006595E CULLIGAN-METRO ..................................................................... $36.50 006596E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 006597E FRONTIER .................................................................................. $57.54 006598E MARCO (LEASE) .................................................................... $1,628.77 006599E PAYMENT SERVICE NETWORK INC .................................... $1,248.62 006600E VALVOLINE FLEET SERVICES .................................................. $28.37 006601E XCEL ENERGY ...................................................................... $6,620.89 006602E FURTHER .............................................................................. $2,155.74 006603E PR PERA .............................................................................. $18,562.40 006604E PR FED/FICA ....................................................................... $18,103.80 006605E PR MN Deferred Comp ........................................................... $2,784.00 006606E PR STATE OF MINNESOTA .................................................. $4,008.48 006607E CITY OF MEDINA ........................................................................ $23.00 006608E FURTHER .............................................................................. $1,929.37 006609E MN CHILD SUPPORT PAYMENT ............................................. $724.20 Total Electronic Checks $60,586.07 PAYROLL DIRECT DEPOSIT NOVEMBER 9, 2022 0512274 ALBERS, TODD M. .................................................................... $230.87 0512275 ALTENDORF, JENNIFER L. ................................................... $1,137.75 0512276 BARNHART, ERIN A. ............................................................. $2,874.66 0512277 BOECKER, KEVIN D. ............................................................. $2,819.07 0512278 CAVANAUGH, JOSEPH ............................................................ $230.87 0512279 CONVERSE, KEITH A. ........................................................... $2,090.12 0512280 DEMARS, LISA ....................................................................... $1,558.36 0512281 DESLAURIES, DEAN ................................................................ $230.87 0512282 DION, DEBRA A. .................................................................... $2,091.50 0512283 ENDE, JOSEPH...................................................................... $2,008.32 0512284 FINKE, DUSTIN D. ................................................................. $2,869.01 0512285 GLEASON, JOHN M. .............................................................. $1,972.17 0512286 GREGORY, THOMAS ............................................................ $2,032.20 0512287 HALL, DAVID M. ..................................................................... $2,168.69 0512288 HANSON, JUSTIN .................................................................. $2,490.52 0512289 JACOBSON, NICOLE ................................................................ $909.85 0512290 JOHNSON, SCOTT T. ............................................................ $2,740.17 0512291 KLAERS, ANNE M. ................................................................. $1,606.29 0512292 LEUER, GREGORY J. ............................................................ $2,080.18 0512293 MARTIN, KATHLEEN M ............................................................ $327.07 0512294 MCGILL, CHRISTOPHER R. .................................................. $1,651.73 0512295 MCKINLEY, JOSHUA D .......................................................... $2,138.31 0512296 MYHRE, JORDAN J ............................................................... $2,185.63 0512297 NELSON, JASON ................................................................... $2,855.91 0512298 RATKE, TREVOR J ................................................................ $1,785.76 0512299 REID, ROBIN ............................................................................. $230.87 0512300 REINKING, DEREK M ............................................................ $2,401.31 0512301 RUTH, BRENDA L. ................................................................. $1,652.48 0512302 SCHARF, ANDREW ............................................................... $1,651.02 0512303 SCHERER, STEVEN T. .......................................................... $2,527.20 0512304 THIES, ANN C ........................................................................... $595.12 0512305 VINCK, JOHN J ...................................................................... $1,842.71 0512306 VOGEL, NICHOLE ..................................................................... $993.12 0512307 WALKER, CAITLYN M. ........................................................... $1,910.20 Total Payroll Direct Deposit $58,889.91