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Home My Public Portal About03.21.2023 City Council Meeting Packet Posted 3/17/2023 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, March 21, 2023 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. MOTION TO DELEGATE DUTIES TO PRESIDE OVER THE MEETING TO COUNCIL MEMBER ALBERS IV. ADDITIONS TO THE AGENDA V. APPROVAL OF MINUTES A. Minutes of the March 7, 2023, Regular City Council Meeting VI. CONSENT AGENDA A. Approve Street Sweeping Services Agreement with Carefree Services B. Approve Tree Trimming Service Agreement with CJS Services C. Approve Tree Trimming Service Agreement with Ray’s Tree Service D. Approve Ball Field Rental Agreement with Orono Baseball Association for Maple Park E. Approve Ball Field Rental Agreement with Orono Baseball Association for Morningside Park F. Approve Tennis Court Rental Agreement with Carrie Agre G. Approve Resolution Designating Tamarack Drive from TH 55 to Meander Road as a Municipal State Aid Street H. Approve Resolution Approving Grant Agreement with the Metropolitan Council of Environmental Services for the Improvement of Publicly Owned Infrastructure I. Approve Resolution Accepting Bids and Awarding Contract for the Willow Drive Lift Station J. Approve Resolution Accepting Donation from Lorraine Wagner K. Approve Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on the Proposed Assessments for the Clydesdale Trail Rehabilitation Project VII. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VIII. PRESENTATION A. Resolution Recognizing 2022 League of Minnesota Cities Mayor for Day Essay Competition Winner Hadley Aasness B. Resolution Recognizing Chris McGill for 25 Years of Service C. Annual Fire Department Reports IX. OLD BUSINESS A. Elevate Hennepin Programming X. CITY ADMINISTRATOR REPORT XI. MAYOR & CITY COUNCIL REPORTS XII. APPROVAL TO PAY BILLS 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 Sonoma Valley Regional Library located at 755 W Napa Street, Sonoma CA, 95476. MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: March 16, 2023 DATE OF MEETING: March 21, 2023 SUBJECT: City Council Meeting Report VI. CONSENT AGENDA A. Approve Street Sweeping Services Agreement with Carefree Services – Staff recommends approval of the street sweeping services agreement with Carefree Services. See attached memo and agreement. B. Approve Tree Trimming Service Agreement with CJS Services – Staff recommends approval of the tree trimming agreement with CJS Services. See memo and agreement. C. Approve Tree Trimming Service Agreement with Ray’s Tree Service – Staff recommends approval of the tree trimming agreement with Ray’s Tree Service. See agreement. D. Approve Ball Field Rental Agreement with Orono Baseball Association for Maple Park – Orono Baseball Association has requested to enter into an agreement for use of Maple Park for their youth baseball program. Staff recommends approval. See attached agreement. E. Approve Ball Field Rental Agreement with Orono Baseball Association for Morningside Park – Orono Baseball Association has requested to enter into an agreement to continue use of Medina Morningside Park for their youth baseball program. Staff recommends approval. See attached agreement. F. Approve Tennis Court Rental Agreement with Carrie Agre – Agre Tennis has been providing summer tennis camps in Hamel Legion Park since 2009. Staff recommends approval of the agreement. See attached agreement. 2 G. Approve Resolution Designating Tamarack Drive from TH 55 to Meander Road as a Municipal State Aid Street – The City Council approved designating the 0.26 mile segment of Tamarack Drive between Highway 55 and Meander Road as a state-aid route at the February 21, 2023 City Council meeting. The Minnesota Department of Transportation indicated that the designation of Tamarack Drive will be approved upon receipt of a resolution from the City formalizing the designation. Staff recommends approval of the resolution. See attached resolution. H. Approve Resolution Approving Grant Agreement with the Metropolitan Council of Environmental Services for the Improvement of Publicly Owned Infrastructure – The City of Medina has submitted an application to the Metropolitan Council of Environmental Services (MCES) for grant funding for improvements to the publicly owned sanitary sewer system to reduce inflow and infiltration. Staff recommends approval of the resolution. See attached resolution. I. Approve Resolution Accepting Bids and Awarding Contract for the Willow Drive Lift Station – Staff recommends entering into the attached contract with the lowest responsible bidder Pember Companies, Inc. for the construction of a new lift station system along Willow Drive. See attached agreement. J. Approve Resolution Accepting Donation from Lorraine Wagner – Staff recommends approval of the resolution accepting the donation from Lorraine Wagner. See attached resolution. K. Approve Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on the Proposed Assessments for the Clydesdale Trail Rehabilitation Project – Staff is requesting that a hearing be scheduled for the 2023 Clydesdale Trail Pavement Rehabilitation Project on Tuesday, April 18, 2023. See attached resolution. VIII. PRESENTATION A. Resolution Recognizing 2022 League of Minnesota Cities Mayor for a Day Essay Competition Winner Hadley Aasness – The League of Minnesota Cities sponsors a Mayor for a Day essay competition every year. Hadley Aasness, a 6th grader, was chosen as one of four winners from among more than 500 students (grades 4-6) representing all areas of Minnesota. See attached resolution and essay. 3 B. Resolution Recognizing Chris McGill for 25 Years of Service – Chris McGill has contributed greatly to Medina during his 25 years of service to the City. Councilmember Albers will read the resolution and honor Chris for his 25 years of service. See attached resolution. C. Annual Fire Department Reports – The fire departments will provide their reports at the meeting. No attachments. IX. NEW BUSINESS A. Elevate Hennepin Programming – Hennepin County has updated their business assistance program and has requested an updated agreement with the City of Medina. The new Elevate Hennepin program will provide services to advance equitable economic recovery strategies, including small business technical assistance and specialized consulting for Medina businesses and residents. The City Council reviewed this option at the March 7, 2023 City Council meeting and requested further information on the program. Staff has provided the information and is requesting policy direction. Potential Motion: Move to approve the agreement for Elevate Hennepin programming, amending the 2024 City contribution to $1,250. XII. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, EFT 006753E-006770E for $78,894.30 and order check numbers 054083-054143 for $299,444.26, payroll EFT 0512573-0512603 for $66,038.12. INFORMATION PACKET: • Planning Department Update • Police Department Update • Public Works Department Update • Claims List Medina City Council Meeting Minutes March 7, 2023 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 7, 2023 3 4 The City Council of Medina, Minnesota met in regular session on March 7, 2023 at 7:00 5 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. 10 11 Members absent: None. 12 13 Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Attorney 14 Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City 15 Planning Director Dusty Finke, Public Works Director Steve Scherer, and Chief of Police 16 Jason Nelson. 17 18 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 19 20 III. ADDITIONS TO THE AGENDA (7:00 p.m.) 21 The agenda was approved as presented. 22 23 IV. APPROVAL OF MINUTES (7:00 p.m.) 24 25 A. Approval of the February 21, 2023 Work Session City Council Meeting 26 Minutes 27 Moved by Cavanaugh, seconded by Reid, to approve the February 21, 2023 work 28 session City Council meeting minutes as presented. Motion passed unanimously. 29 30 B. Approval of the February 21, 2023 Regular City Council Meeting Minutes 31 Moved by Cavanaugh, seconded by Albers, to approve the February 21, 2023 regular 32 City Council meeting minutes as presented. Motion passed unanimously. 33 34 V. CONSENT AGENDA (7:01 p.m.) 35 36 A. Approve Hackamore Right of Way Easement Acquisitions 37 B. Approve Resolution 2023-24 Supporting Housing and Local Decision-38 Making Authority 39 C. Approve Ordinance 702 Adopting an Amended Fee Schedule for Clean-Up 40 Day 41 D. Approve Resolution 2023-25 Authorizing Publication of Ordinance 42 Adopting an Amended Fee Schedule by Title and Summary 43 E. Approve Resolution 2023-26 Accepting the Resignation of Part-Time 44 Administrative Assistant to the Police Department Nicole Jacobson 45 F. Approve Garden Maintenance Services Agreement with Designing Nature 46 G. Approve Hiring of Accounting Technician 47 H. Approve Agreement for Elevate Hennepin Programming 48 I. Approve Amendment to Construction Cooperative Agreement with 49 Hennepin County for Highway 55/County Road 116 50 Albers referenced Item B and asked for more details from staff. 51 Medina City Council Meeting Minutes March 7, 2023 2 1 Johnson provided more details noting that the state is attempting to limit local authority 2 over zoning. He stated that this action is in support of ensuring local government units 3 continue to have authority over local zoning decisions. 4 5 Albers referenced Item H and asked if the City is being asked to pay $3,200 for the time 6 of the contract in order for Hennepin County to provide services to small businesses 7 within Medina. He asked the number of small businesses that would benefit from the 8 program before approving the expenditure. 9 10 Finke stated that this is a new program, but the City has participated in the Open to 11 Business program in the past. He stated that he could provide participation numbers for 12 that program, estimating a handful of businesses that participate. He noted that the cost 13 for the first year would be $1,250 and would provide more services than City staff could 14 during that length of time for that cost. He stated that historically the program has not 15 been heavily used and the County has increased its marketing to encourage businesses 16 to participate as well as increasing the scope of services provided to businesses. He 17 believed that the County would be asking for larger partnerships in the future and the 18 City can monitor usage of the program before committing to future participation. 19 20 Martin agreed that participation should be monitored closely in the first year to guide 21 future decision making. 22 23 Albers commented that Hennepin County has a pot of money for the program and 24 therefore it seems counter intuitive to ask the cities to contribute as well. 25 26 Finke stated that Hennepin County is asking for buy-in from the cities as the thinking 27 would be that cities that are contributing would be more likely to promote the program as 28 well. 29 30 Albers asked what would happen once the pot of money the County has is gone and 31 whether the City would have an obligation or expectation to contribute more money. 32 33 Finke confirmed that the indication would be that the contribution would go up after those 34 funds are expended. He confirmed that entering into this contract would not obligate the 35 City to participate in future years. 36 37 Martin stated that perhaps this should come back to the Council in August of 2024 for 38 review of the program and in order to better make a decision on whether Medina would 39 like to continue to participate. 40 41 DesLauriers echoed the comments of Albers. He noted the comment that Finke made 42 that if a business from Medina were to approach the County and the City had chosen not 43 to participate, he did not think the business would be turned away. He asked why the 44 City would choose to participate if the businesses would still have access to the 45 program. 46 47 Albers requested to pull Item H from the Consent Agenda to allow separate voting. 48 49 Moved by Albers, seconded by DesLauriers, to remove Item H from the consent agenda. 50 Motion passed unanimously. 51 Medina City Council Meeting Minutes March 7, 2023 3 1 Moved by Albers, seconded by Martin, to approve the consent agenda as amended. 2 Motion passed unanimously. 3 4 H. Approve Agreement for Elevate Hennepin Programming 5 Finke noted that this item is not time sensitive and therefore perhaps the best choice 6 would be to delay action on this item. He noted that staff could then provide more data 7 to the Council to help guide the decision. 8 9 Martin agreed that it would be helpful to have the participation numbers from the Open to 10 Business program and also to find out if businesses in Medina would still be able to use 11 the program if the City were to choose not to participate. 12 13 Cavanaugh asked if the City could evaluate the participation rates after 12 months to 14 determine if the City should continue participation. 15 16 Martin agreed that it would also be helpful to know if the City could choose to 17 discontinue participation in the program after 12 months if the data did not support 18 continuing. 19 20 Staff was directed to bring back the requested information with the proposed agreement 21 to a future meeting. 22 23 VI. COMMENTS (7:13 p.m.) 24 25 A. Comments from Citizens on Items not on the Agenda 26 There were none. 27 28 B. Park Commission 29 Scherer reported that the Park Commission has not met since the last update. He noted 30 that the new scoreboard has arrived for Hamel Legion Park and would most likely be 31 installed once the weight restrictions are lifted. 32 33 C. Planning Commission 34 Finke reported that the Planning Commission will meet the following week to hold a 35 public hearing for preliminary plat and site plan review for Cates Industrial Park. 36 37 VII. PRESENTATIONS 38 39 A. State Senator Warren Limmer (7:15 p.m.) 40 Senator Limmer introduced himself noting that he now represents Medina as a result of 41 the redistricting. He noted the communities that he previously represented and 42 recognized the growth that this area of the metro has experienced. He stated that he 43 now represents seven cities and six school districts. He stated that he supports smaller, 44 localized government control recognizing that as the control moves to a larger scale it 45 removes those that have intimate knowledge of the local issues. He summarized the 46 topics that he spoke with Martin about the previous week related to Medina. He 47 reviewed the committee assignments that he holds. He recognized the value and 48 importance of public safety as well as civil rights. He noted the needs and desires of 49 Medina and other communities in this area related to shared fire services and 50 recognized some of the challenges, noting that he is working cooperatively with other 51 Medina City Council Meeting Minutes March 7, 2023 4 state representatives towards that goal within the legislature. He noted his experience 1 on the 94 coalition and stated that he is excited to begin work on the Highway 55 2 coalition as well. He stated that he looks forward to working with Medina as they move 3 forward. 4 5 Cavanaugh asked for an update on the legislation regarding the sale of THC products. 6 7 Limmer stated that legislation has not moved to the Senate but expects that to come 8 forward in the next week as it was passed in the House. He stated that in the past he 9 has opposed the recreational use of marijuana and will continue to do so but did not 10 believe his colleagues would be voting the same. He noted that in Colorado when that 11 type of legislation was adopted, the counties were allowed to make the decision as to 12 whether it would be allowed but the Minnesota bill as proposed would make that legal 13 statewide. He stated that he would prefer to have the decision made by the cities if it 14 were allowed. He also noted the low fee proposed for a sales license of $200 and stated 15 that does not compare to the price for liquor or tobacco licensing. He believed that if 16 recreational marijuana use were legalized it would have impacts on vehicle crashes, 17 marriage dissolutions, quality of work, as well as impacts on the labor force. 18 19 Cavanaugh asked about the guidance that will be given to cities about the regulation of 20 these products. 21 22 Limmer stated that regulation authority would not be provided to cities. He encouraged 23 the City to participate and engage in lobbying. 24 25 Albers clarified that he believes the question was more related to the legalization in the 26 last year of edible THC products and the lack of regulation guidance by the legislature. 27 He noted that Medina has a moratorium in place that would not allow the sale of those 28 products. 29 30 Martin confirmed that the Council was waiting to see if there was an amendment to that 31 adopted legislation that would have guided the regulation. 32 33 Albers asked how the financial end of THC sales would be dealt with, as federal 34 regulations do not allow for sales of an illicit drug. 35 36 Limmer commented that he does not know that answer but noted that other states 37 seemed to have addressed that but recognized the conflict of law. 38 39 Martin stated that another one of her pet peeves would be related to internet service. 40 She stated that currently the City has the option of a service provided through a phone 41 provider and service through a cable company. She recognized the challenges that 42 Medina has because of the cost of infrastructure. She stated that the companies are 43 taking the revenue generated in Medina to invest in infrastructure in other communities, 44 which is an issue. She also recognized the importance of reliable internet service in this 45 day and age and the cost for homeowners to run the connection to the homes. 46 47 Johnson stated that the City received a broadband grant through DEED for Mediacom to 48 run services in Medina. He noted a grant that has now become available for last mile 49 connections to homes also through DEED. 50 51 Medina City Council Meeting Minutes March 7, 2023 5 Limmer recognized that cable companies cherry pick areas with more density and go 1 around the less dense areas. 2 3 Martin stated that she would like to see the broadband/cable companies required to 4 reinvest their fee income into infrastructure within the community to bring those services 5 up to the current standard. 6 7 Cavanaugh added there is no incentive for broadband/cable companies to reinvest the 8 fees spent by Medina residents to improve the local infrastructure. 9 10 Martin noted that this issue is not singular to Medina as the other more rural 11 communities in this area have the same issue. 12 13 VIII. NEW BUSINESS 14 15 A. Hackamore Road Improvement Project (7:45 p.m.) 16 Johnson noted the different intentions of this project and stated that Corcoran and 17 Medina authorized the final design development in 2022 and the project is now ready to 18 go to bid. 19 20 Stremel stated that they have been working on this joint project for several years to 21 address shared goals between the two communities. He identified the project area and 22 proposed improvements. He noted that they have also been working with different 23 developments to finalize those connections through this project. He stated that the cities 24 are working on a Joint Powers Agreement that would be finalized in the near future for 25 the project. He stated that at one point, CR 101 was included in the project but has 26 since been removed and will be included in a Plymouth project. He stated that water 27 treatment and stormwater management would be provided on adjacent properties as 28 part of this project. He stated that this project would widen the roadway, add turn lanes, 29 and include a trail along with paved shoulders. He stated that there is a mix of rural and 30 urban street sections throughout the project and provided graphics of what those 31 different road sections would look like. He reviewed the estimated project cost and 32 proposed funding sources as well as the proposed project schedule. 33 34 Cavanaugh referenced the 21 percent for engineering and asked for more details. 35 36 Stremel replied that as the project costs have increased over time, they have tried to 37 keep the overhead the same. He noted that the engineering costs have decreased from 38 24 percent to 21 percent. He reviewed the different elements that are included in the 39 project cost. 40 41 Cavanaugh stated that this is a flat fee rather than a negotiated amount and asked if that 42 is a standard amount or how that is set. 43 44 Stremel explained how the different project costs are determined for the soft costs. He 45 confirmed that they do estimate the number of hours and use the negotiated contract 46 rate for engineering services. 47 48 Martin commented that she was not struck by the engineering costs being odd for this 49 project and believed the soft costs to be nominal. 50 51 Medina City Council Meeting Minutes March 7, 2023 6 Anderson commented that if anything that would be slightly lower than usual, as typically 1 soft costs are about 25 percent of the project cost. 2 3 Stremel stated that the 21 percent would not be of the total project cost but of the 4 construction cost. 5 6 DesLauriers referenced the $8,000,000 cost, noting that a majority of those costs would 7 be covered. He asked the portion of that cost that Medina would be responsible for. 8 9 Barnhart stated that they are still waiting to finalize the split with Corcoran before 10 providing that number. She stated that Medina should be able to finance its portion of 11 the cost through its available MSA funding. 12 13 1. Resolution 2023-27 Approving Plans/Specifications and Authorize 14 the Advertisement for Bids 15 Moved by DesLauriers, seconded by Martin, to adopt Resolution 2023-27 approving 16 plans/specifications and authorizing the advertisement for bids. 17 18 Further discussion: Martin commented that she has witnessed this process and 19 commended staff for their cooperation with Corcoran to find solutions to the issues that 20 have arisen. She believed that this would benefit the relationship between the cities and 21 could lead to further collaboration. 22 23 Johnson commented that Finke, Scherer, and Barnhart have and continue to do a 24 fantastic job on the proposed project. 25 26 Cavanaugh referenced the traffic light at 116 and asked if that were approved on a 27 temporary basis and whether that would become more formalized. 28 29 Scherer replied that the residents of Foxberry lobbied for that, and it was installed 30 quickly. He stated that moving forward this would be a new signal light and Hennepin 31 County would be cost-sharing that improvement. 32 33 Motion passed unanimously. 34 35 B. Townline Road South Pavement Rehabilitation Project (8:02 p.m.) 36 Johnson stated that this is a 2023 CIP street improvement project. He stated that the 37 feasibility report was included in the packet along with the JPA. 38 39 Scherer stated that the City is working with Orono and Independence on this project and 40 provided brief background on the project process. He identified the project location and 41 provided an overview of the scope of the project. He stated that the feasibility report 42 included a cost analysis for the street and trail. He noted that Orono has approved the 43 project and JPA, and Independence is still reviewing. He provided details on the 44 proposed cost estimate and noted that Medina would also be including Juniper Curve in 45 the project. 46 47 Martin commented that the report was well done. She noted the potholes that surface 48 this time of year on the roads and noted that rarely does that occur in Medina. 49 50 Medina City Council Meeting Minutes March 7, 2023 7 Scherer noted that maintaining the roads actually saves staff time and saves costs long 1 term because staff is not filling potholes. 2 3 1. Resolution 2023-28 Approving the Feasibility Report and Joint 4 Powers Agreement and Ordering the Project 5 Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-28 receiving the 6 Townline Road South feasibility report. Motion passed unanimously. 7 8 2. Joint Powers Agreement Between the City of Orono, the City of 9 Independence and the City of Medina 10 Moved by DesLauriers, seconded by Albers, to adopt resolution approving the Townline 11 Road South JPA including the cities of Medina, Orono and Independence. Motion 12 passed unanimously. 13 14 C. Pioneer Highlands (8:12 p.m.) 15 Johnson noted that preliminary plat approval for this project was granted in October of 16 2022 and the applicant is now requesting final plat approval. 17 18 Finke stated that the purpose of final plat review is to ensure the proposed plat to be 19 recorded is consistent with the preliminary plat approval and that the conditions have 20 been addressed or will be addressed through this approval. He stated that the majority 21 of the conditions will go forward into the final plat approval and will be formalized in the 22 Development Agreement. He stated that the City already held a public hearing related 23 to the establishment of a stormwater improvement tax district, as is common practice 24 and provides the City another tool if the owners were not to maintain those stormwater 25 elements. He stated that the final plat is similar and consistent with the preliminary plat, 26 noting that additional drainage and utility easements are shown on the plat as required. 27 He stated that the applicant proposes a filtration basin to provide volume control for 28 stormwater management, rather than the enlarged upland buffers and native 29 preservation originally shown. 30 31 1. Resolution 2023-29 Granting Final Plat Approval 32 Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-29 granting final 33 plat approval for Pioneer Highlands. Motion passed unanimously. 34 35 2. Ordinance 703 Establishing the Pioneer Highlands Storm Sewer 36 Improvement Tax District 37 Moved by DesLauriers, seconded by Albers, to adopt Ordinance 703 establishing the 38 Pioneer Highlands Storm Sewer Improvement Tax District. Motion passed 39 unanimously. 40 41 3. Resolution 2023-30 Authorizing Publication by Title and Summary 42 Moved by DesLauriers, seconded by Albers, to adopt Resolution 2023-30 authorizing 43 publication by title and summary. Motion passed unanimously. 44 45 4. Development Agreement 46 Moved by DesLauriers, seconded by Albers, to approve the Development Agreement by 47 and between the City of Medina and Onyx Performance Investments, LLC. Motion 48 passed unanimously. 49 50 Medina City Council Meeting Minutes March 7, 2023 8 IX. CITY ADMINISTRATOR REPORT (8:18 p.m.) 1 Johnson stated that the staff member that has previously coordinated Celebration Day 2 has resigned. He stated that department heads will meet the following day to discuss 3 how the planning could be accomplished, noting that it would require overtime pay. He 4 stated that staff will also look to reformat the vacated position. 5 6 Albers asked if there would be an opportunity to have more citizen involvement in the 7 planning for that event. 8 9 Johnson commented that there have been discussions with local businesses about 10 trying to do that. 11 12 Nelson explained staff have met with local community members and businesses about 13 their ideas but there has not been interest from them to participate in the planning. 14 15 Martin suggested perhaps the City look into the option of hiring an event coordinator. 16 She stated that perhaps the cost for that service would be offset by the vacant position. 17 18 Nelson reiterated the importance of getting the vacant position filled as the department 19 will be short staffed. 20 21 Martin acknowledged the cost of overtime for staff as well and suggested that staff look 22 into the option of an event coordinator. She stated that she would prefer to cover the 23 other duties of that vacant position and look outside for event planning services. 24 25 X. MAYOR & CITY COUNCIL REPORTS (8:25 p.m.) 26 Nelson provided an update on the most recent fire services meeting. 27 28 Martin commented that the previous day the City received a lengthy memorandum from 29 the Common Bond developer which identified some of the hurdles for that project. She 30 noted that staff will be reviewing that document and they will follow up with a discussion 31 with that developer. She also commented on the recent discussion with Senator 32 Limmer, which was similar to the topics she covered with another representative. She 33 noted that Limmer mentioned a potential funding source through the Department of 34 Agriculture that could be available for that concept. 35 36 Johnson stated that he did have discussions on that funding source with the State Fire 37 Marshal’s Office and was told the population cap was for the entire fire service area, 38 which would not make them eligible. 39 40 Martin noted that Limmer had thought the population cap was for the city in which the 41 fire station is located and confirmed that staff would look into that further. 42 43 Cavanaugh noted that they had a good discussion about the internet today. He stated 44 that he uses T-Mobile for high-speed internet and stated that perhaps there is an 45 opportunity to do high speed internet with those providers. 46 47 Johnson confirmed that those 5G options (T-Mobile and Verizon) are providing services 48 in Medina. 49 50 Medina City Council Meeting Minutes March 7, 2023 9 Barnhart stated that Medina has two lease contracts with those companies, and it would 1 be interesting to see their coverage maps. 2 3 Cavanaugh provided more information on how the T-Mobile service is provided with a 4 piece of equipment that also incorporates a router. He noted that he is only paying $50 5 per month for that service. 6 7 XI. APPROVAL TO PAY THE BILLS (8:39 p.m.) 8 Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 006735E-006752E 9 for $80,062.75, order check numbers 054035-054082 for $907,632.02, and payroll EFT 10 0512537-0512572 for $69,331.48. Motion passed unanimously. 11 12 XII. ADJOURN 13 Moved by Albers, seconded by Cavanaugh to adjourn the meeting at 8:40 p.m. Motion 14 passed unanimously. 15 16 17 __________________________________ 18 Kathleen Martin, Mayor 19 Attest: 20 21 22 ____________________________________ 23 Caitlyn Walker, City Clerk 24 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: March 14, 2023 MEETING: March 21, 2023 SUBJECT: Street Sweeping Service Agreement The City invited three contractors to submit street sweeping service proposals for the 2023 and 2024 contract period. Responses were received from Carefree Services Inc. and Minnesota Street Works. Minnesota Street Works, Inc. no-bid the project stating the schedule cost too much money and would lead to losses. Carefree Services, Inc. quoted $8,551.00 flat rate fee for the complete sweeping of all streets, intersections and parking lots, and a $552.00 flat rate fee for each additional sweeping of the Lake Independence streets, and a $138.00 per-hour fee, with a $414.00 minimum charge for additional services. Staff Recommendation Move forward with awarding the 2023-2024 street sweeping contract to Carefree Services, Inc. Attachments • Street Sweeping Service Agreement • Street Sweeping Exhibit A • Street Sweeping Exhibit B MEMORANDUM Agenda Item #6A 1 STREET SWEEPING SERVICES AGREEMENT This Agreement is made this 21st day of March 2023, by and between Carefree Services, Inc., PO Box 208 Maple Plain, MN 55359, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for street sweeping services; and 2. The City has approved the contract for street sweeping services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform street sweeping services for all City of Medina urban residential and commercial streets, as well as specified intersections, as highlighted on Exhibit A, by May 1, 2023 and 2024, weather permitting. The proposal will also include the parking lots at City Hall (2052 County Road 24), the Public Works Building (600 Clydesdale Trail), the Community Center Building parking lots (3200 Mill Street), and the Park at Fields of Medina (1200 Meander Road). Additional sweepings of the Independence Beach area streets, as identified on Exhibit B, shall be performed between June 1 and July 1, 2023 and 2024 and September 1, 2023 and November 1, 2024. All sweepings performed shall be under the direction of the City Public Works Director. 2.0. TERM. The term of this contract will be from March 21, 2023 until November 1, 2024, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. The City shall compensate the Contractor for a complete sweeping of streets highlighted on Exhibit A and B, including the Independence Beach area streets and parking lots at City Hall, Public Works, and the Community Building, at a rate of $7,999.00, as well as a per hour rate of $138.00 for additional services approved by the Public Works Director. The City shall compensate the Contractor for two additional sweepings at Independence Beach at a rate of $552.00 per sweeping. The Contractor will use a Tymco Sweeper and supply the support vehicle needed to haul away the material that is swept up. The City will provide water for the sweeper. 3.01 The Contractor shall pay for all licenses and permits. These costs shall be included in the bid cost. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this 2 Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 10.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 3 11.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 12.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Caitlyn Walker, City Clerk Carefree Services, Inc. (CONTRACTOR) By ______________________________ The Park at Fields of Medina& parking lot1200 Meander Road Community Center& parking LOTS3200 Mill Street STREET SWEEPING EXHIBIT A Lake Independence(ADDITIONAL SWEEPS) Medina City Hall2052 Cty Rd 24parking lots (dump site) Public Works600 Clydesdale parking lots (dump site) Street Sweeping Exhibit B An Additional sweeping of the Independence Beach area streets, as identified on this exhibit, shall be performed: between June 1 and July 1, 2023 and 2024 and again between September 1, 2023 and November 1, 2024. 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: March 14, 2023 MEETING: March 21, 2023 SUBJECT: Tree Trimming Service Agreements The City invited two contractors to submit tree trimming service proposals for the 2023 and 2024 contract period. Responses were received from CJS Services and Ray’s Tree Service. CJS Services Ray's Tree Service Bucket Truck Hourly Rate $200.00 $230.00 Hourly Rate for Ground Help with skid loader $75.00 N/A Hourly Rate for Ground Help N/A $35.00 Hourly Rate Stump Grinding $10.00 $3.00 Hourly Rate Stump Grinding with full cleanup, topsoil, and grass seed $20.00 N/A Inclement weather (storms, lightning, wind. etc.) often necessitates a tree trimming subcontractor to reschedule appointments. Redundant contract coverage for this service will enable Public Works flexibility when scheduling City projects. Staff Recommendation Move forward with awarding agreements to CJS Services and Ray’s Tree Service for 2023-2024 tree trimming services. Attachments • Tree Trimming Service Agreement - CJS Services • Tree Trimming Service Agreement - Ray’s Tree Service MEMORANDUM Agenda Item #6B 1 TREE TRIMMING SERVICES AGREEMENT This Agreement is made this 21 day of March, 2023, by and between CJS Services, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for tree trimming services; and 2. The City has approved the contract for tree trimming services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform tree trimming services for the City. “Tree Trimming Services” will consist of a one or two-person crew and all equipment required for trimming trees throughout the City, with areas specified by the Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from March 21, 2023 until November 30, 2024, or until such later date as may be mutually agreed upon. 3.0. COMPENSATION. The City shall compensate the Contractor at a rate of $200.00/hour for a bucket truck with operator and $75.00/hour for ground help which includes a contractor supplied skid loader. There is an additional $10.00/inch charge for stump grinding and $20.00/inch charge for stump grinding with full cleanup including topsoil and grass seed as is needed. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. If it is determined by the Public Works Director that additional traffic control is needed, it will be provided by the City. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 2 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Caitlyn Walker, City Clerk COMPANY NAME (CONTRACTOR) By ______________________________ 1 TREE TRIMMING SERVICES AGREEMENT This Agreement is made this 21st day of March 2023, by and between Ray’s Tree Service, 5065 County Road 11, Loretto, MN 55357, a Minnesota corporation (the “Contractor”) and the City of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for tree trimming services; and 2. The City has approved the contract for tree trimming services with the Contractor; and 3. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform tree trimming services for the City. “Tree Trimming Services” will consist of a one or two-man crew and all equipment required for trimming trees throughout the City, with areas specified by the Public Works Director. 2.0. TERM. The term and prices of this contract shall remain in effect from March 21, 2023 until November 30, 2024, or until such later date as may be mutually agreed upon. 3.0. COMPENSATION. The City shall compensate the Contractor at a rate of $230.00/hour for a bucket truck with two-person crew, and $35.00/hour charge for any other ground help/equipment, and $3.00/inch charge for stump grinding. The City is exempt from sales tax. 4.0 INDEPENDENT CONTRACTOR. 4.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 4.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. If it is determined by the Public Works Director that additional traffic control is needed, it will be provided by the City. 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by Agenda Item #6C 2 the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 PAYMENT AND PERFORMANCE BOND. The Contractor may be asked to provide a Payment and Performance Bond to the City at no additional cost to the City. 9.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. 3 CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Scott T. Johnson, City Administrator RAY’S TREE SERVICE (CONTRACTOR) By ______________________________ 1 BALL FIELD RENTAL AGREEMENT This Agreement is made this 21st day of March 2023, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”) and the Orono Baseball Association, a Minnesota non-profit corporation, herein called the “Licensee”. WHEREAS, the Licensee desires to use the baseball field for youth baseball owned by the City and located in the City’s Medina Maple Park (the “Subject Property”) depicted in Exhibit A attached hereto. WHEREAS, the City is willing to allow the Licensee to use the Subject Property, subject to certain terms and conditions; and WHEREAS, the City and the Licensee wish to have a written agreement memorializing the terms and conditions under which the City and the Licensee will accomplish the above. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. The City hereby grants the Licensee permission to use the Subject Property from May 1, 2023 through July 1, 2023 on Monday and Wednesday evenings from 5:30 p.m. until 8 p.m. 2. The Licensee shall provide the City with a written schedule of any changes in the schedule at least ten days prior to such use. 3. The Licensee shall maintain an insurance policy in the amount of $1,000,000, single limit of liability per occurrence to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Licensee and its respective employees or agents under this Agreement. The Licensee shall name the City as an additional insured under its general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Licensee shall provide evidence to the City that acceptable insurance coverage is effective. 4. The Licensee shall submit a damage and maintenance deposit in the amount of $500.00 to the City prior to May 1, 2023. The City shall return the deposit to the Licensee, minus expenses for any damage or maintenance to the Subject Property following inspection by the City after July 1, 2023. 5. The City shall provide for regular mowing of the Subject Property. 6. The Licensee shall provide all equipment necessary to conduct baseball activities and shall provide for all other regular maintenance of the Subject Property including but not limited to chalk lining for normal ball field measurements and boundaries, grooming the fields, filling in divots, re-establishing Ag Lime, and picking up all trash, paper, and debris after use of the field. 7. Upon termination of this Agreement, the Licensee agrees to remove from the Subject Property Agenda Item # 6D 2 all temporary structures, equipment and other items used by the Licensee, leave the Subject Property free from debris and return the Subject Property to its condition prior to its use by the Licensee. 8. The Licensee shall pay the City $400.00 for use of the Subject Property for the term of this agreement. Payment of the $400.00 shall be submitted to the City by May 1, 2023. 9. The Licensee hereby agrees to defend, indemnify and hold harmless the City, its officers, employees and agents, from any liability, damages, claims, costs, judgments or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from the Licensee’s use of the Subject Property. 10. The City may cancel, terminate, suspend or modify the terms of this Agreement upon default by Licensee or failure of the Licensee to comply with this Agreement. CITY OF MEDINA By ________________________________ Kathleen Martin, Mayor By _________________________________ Caitlyn Walker, City Clerk ORONO BASEBALL ASSOCIATION (LICENSEE) By________________________________ Its:_______________________ 3 Exhibit A Maple Park Ball Field Subject Property 1 BALL FIELD RENTAL AGREEMENT This Agreement is made this 21st day of March 2023, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”) and the Orono Baseball Association, a Minnesota non-profit corporation, herein called the “Licensee”. WHEREAS, the Licensee desires to use the baseball field for youth baseball owned by the City and located in the City’s Medina Morningside Park (the “Subject Property”) depicted in Exhibit A attached hereto. WHEREAS, the City is willing to allow the Licensee to use the Subject Property, subject to certain terms and conditions; and WHEREAS, the City and the Licensee wish to have a written agreement memorializing the terms and conditions under which the City and the Licensee will accomplish the above. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. The City hereby grants the Licensee permission to use the Subject Property from May 1, 2023 through July 1, 2023 on Monday through Thursday evenings from 5:30 p.m. until 8 p.m. 2. The Licensee shall provide the City with a written schedule of any changes in the schedule at least ten days prior to such use. 3. The Licensee shall maintain an insurance policy in the amount of $1,000,000, single limit of liability per occurrence to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Licensee and its respective employees or agents under this Agreement. The Licensee shall name the City as an additional insured under its general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Licensee shall provide evidence to the City that acceptable insurance coverage is effective. 4. The Licensee shall submit a damage and maintenance deposit in the amount of $500.00 to the City prior to May 1, 2023. The City shall return the deposit to the Licensee, minus expenses for any damage or maintenance to the Subject Property following inspection by the City after July 1, 2023. 5. The City shall provide for regular mowing of the Subject Property. 6. The Licensee shall provide all equipment necessary to conduct baseball activities and shall provide for all other regular maintenance of the Subject Property including but not limited to chalk lining for normal ball field measurements and boundaries, grooming the fields, filling in divots, re-establishing Ag Lime, and picking up all trash, paper, and debris after use of the field. Agenda Item # 6E 2 7. Upon termination of this Agreement, the Licensee agrees to remove from the Subject Property all temporary structures, equipment and other items used by the Licensee, leave the Subject Property free from debris and return the Subject Property to its condition prior to its use by the Licensee. 8. The Licensee shall pay the City $400.00 for use of the Subject Property for the term of this agreement. Payment of the $400.00 shall be submitted to the City by May 1, 2023. 9. The Licensee hereby agrees to defend, indemnify and hold harmless the City, its officers, employees and agents, from any liability, damages, claims, costs, judgments or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from the Licensee’s use of the Subject Property. 10. The City may cancel, terminate, suspend or modify the terms of this Agreement upon default by Licensee or failure of the Licensee to comply with this Agreement. CITY OF MEDINA By ________________________________ Kathleen Martin, Mayor By _________________________________ Caitlyn Walker, City Clerk ORONO BASEBALL ASSOCIATION (LICENSEE) By________________________________ Its:_______________________ 3 Exhibit A Medina Morningside Park Ball Field Subject Property 1 TENNIS COURT RENTAL AGREEMENT This Agreement is made this 21st day of March 2023, by and between the city of Medina, a municipal corporation under the laws of Minnesota (the “City”) and Carrie Agre, 19620 63rd Avenue N., Corcoran, MN 55340, called the “Licensee”. WHEREAS, the Licensee desires to use the tennis courts for tennis lessons , which are owned by the City and located in the City’s Hamel Legion Park (the “Subject Property”). WHEREAS, the City is willing to allow the Licensee to use the Subject Property, subject to certain terms and conditions; and WHEREAS, the City and the Licensee wish to have a written agreement memorializing the terms and conditions under which the City and the Licensee will accomplish the above. NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1. The City hereby grants the Licensee permission to use the Subject Property on Sunday evenings from May 21 to October 15 from 5:00 p.m. to 7:30 p.m. and from Monday through Thursday from 8:00 a.m. to 12:00 p.m. for the weeks of June 12 to June 15, June 19 to June 22, June 26 to June 29, July 10 to July 13, July 17 to July 20, July 31 to August 3, August 7 to August 10, and August 14 to August 17. In the event that a lesson is cancelled due to rain, the City grants the Licensee permission to use the Subject Property on the following Friday to make up the missed lesson. Any requests for changes to this schedule must be submitted to the Public Works Administrative Assistant in writing at least seven days prior to the requested reservation date. The requested schedule change will be reviewed by City staff and may be approved or denied depending on demand for the tennis courts. 2. The Licensee shall obtain an executed Voluntary Waiver of Liability Agreements as identified on Exhibit B from every participant and instructor prior to any use of the Subject Property. 3. The Licensee shall submit a damage and maintenance deposit in the amount of $150.00 to the City prior to June 1, 2023. The City shall return the deposit to the Licensee, minus expenses for any damage or maintenance to the Subject Property following inspection by the City after October 1, 2023. 4. The Licensee shall provide all equipment necessary to conduct tennis lessons. 5. The Licensee shall be responsible for picking up all tennis balls, containers, trash, paper, and debris after use of the Subject Property. 6. The Licensee shall require all participants in and visitors to the tennis camp on the Subject Property to park in the parking lot within Hamel Legion Park, as identified by the crosshatch marks on Exhibit A attached hereto. Agenda Item # 6F 2 7. Upon termination of this Agreement, the Licensee agrees to remove from the Subject Property all temporary structures, equipment and other items used by the Licensee, leave the Subject Property free from debris and return the Subject Property to its condition prior to its use by the Licensee. 8. The Licensee shall pay the City $6 per hour per court for use of the Subject Property. Payments shall be submitted to the City in monthly installments at the end of each month for the entire month’s rental fees, accompanied by a written log of each day and the times the Subject Property was used. 9. The Licensee hereby agrees to defend, indemnify and hold harmless the City, its officers, employees and agents, from any liability, damages, claims, costs, judgments or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from the Licensee’s use of the Subject Property. 10. The City may cancel, terminate, suspend or modify the terms of this Agreement upon default by Licensee or failure of the Licensee to comply with this Agreement. CITY OF MEDINA By ________________________________ Kathleen Martin, Mayor By _________________________________ Scott T. Johnson, City Administrator CARRIE AGRE (LICENSEE) By____________________________ Carrie Agre Exhibit A Tennis Courts in Hamel Legion Park Subject Property Subject Property Designated Parking Area Subject Property CITY OF MEDINA VOLUNTARY WAIVER OF LIABILITY AGREEMENT I know that tennis and the events and activities related to it are inherently dangerous activities in which I choose to participate voluntarily and at my own risk. I understand that such activities can result in personal injury, death and disability or property damage and loss. I also understand that these risks and dangers are increased when other persons are present at the same time and using the same facilities. In consideration of using the athletic facilities of the city of Medina (the “City”) and wishing to participate in the youth tennis activities and knowing there are certain dangers related to this activity, I hereby state and affirm that: 1. My participation is fully voluntary. 2. I acknowledge that the activity is not an essential service provided by the City. 3. I understand and acknowledge that the activities in which I am about to engage as a participant have certain risks. I understand that these risks, known or unknown, anticipated or unanticipated, may result in injury, death, illness, disease or damage to myself or my property, or to other persons and their property. 4. I hereby personally assume all risks in connection with this activity and I waive any right to make claims or bring actions against the City or its officers, employees or agents for any injuries or damages to me or my property related to the alleged negligence of the City. This waiver does not apply to any injuries or damages that are the result of any willful, wanton, or intentional misconduct by the City. 5. I agree to hold harmless and indemnify the City, its officers, employees and agents, from any and all claims or actions for injury or damages to any third party, including other participants or spectators, resulting from my participation in any activity while at or about the City athletic facilities. 6. I understand that entering into and signing this agreement affects my legal rights and results in my giving up or waiving certain legal rights. I accept this and sign this agreement of my own free will. 7. The terms of this agreement shall serve as a release and assumption of risk and shall be binding on behalf of myself, my heirs, executor, administrator and all members of my family. 8. My signature indicates that I have read this entire document, understand it completely, acknowledge that it cannot be modified or changed in any way by oral representations, and agree to be bound by its terms. _____________________________________ ________________________________________ Name (Print) Signature _____________________________________ ________________________________________ Parent Signature (if under 18 years old) Date Exhibit B Resolution No. 2023-## DATE Member __________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-## RESOLUTION DESIGNATING TAMARACK DRIVE FROM TH 55 TO MEANDER ROAD AS A MUNICIPAL STATE AID STREET WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, the City Council of the City of Medina (the “Council”) has designated certain streets within the City as Municipal State Aid (“MSA”) Streets under the provisions of Minnesota law; and WHEREAS, pursuant to MSA standards, the Council has determined that it is appropriate to designate Tamarack Drive from Highway 55 to Meander Road as a MSA Street; and WHEREAS, on February 24, 2023, the City requested approval from the Minnesota Department of Transportation (“MnDOT”); and WHEREAS, on March 8, 2023, MnDOT indicated that the designation of Tamarack Drive will be approved upon receipt of a resolution from the City formalizing such designation. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that the roadway described below is established and designated as a Municipal State Aid Street of the City of Medina, subject to the approval of the Commissioner of Transportation of the State of Minnesota: Street Name Termini MSAS 121 (Tamarack Drive) TH 55 to Meander Road BE IT FURTHER RESOLVED, that City staff is hereby authorized and directed to forward a copy of this resolution to the Commissioner of Transportation for consideration, and that upon the Commissioner’s approval of the designation thereof, it shall be constructed, improved, and maintained as a Municipal State Aid Street of the City of Medina. Agenda Item #6G Resolution No. 2023-## 2 DATE Dated: ______________________________ Kathleen Martin, Mayor ATTEST: ______________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ______ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: (Absent:) Whereupon said resolution was declared duly passed and adopted. Resolution No. ________ March 21, 2023 Member _________introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX A RESOLUTION ACCEPTING AND APPROVING THE GRANT AGREEMENT BETWEEN THE CITY OF MEDINA AND THE METROPOLITAN COUNCIL OF ENVIRONMENTAL SERVICES FOR THE IMPROVEMENT OF PUBLICLY OWNED INFRASTRUCTURE WHEREAS, the Minnesota Legislature has appropriated to the Metropolitan Council of Environmental Services (MCES) in the 2020 State Bonding Bills, $5,000,000 for a grant program to be administered by the MCES for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the MCES metropolitan sanitary sewer disposal system (I/I Municipal Grant Program); and WHEREAS, the MCES has identified the City of Medina as a contributor of excessive inflow and infiltration to the MCES metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program; and WHEREAS, grant monies will be awarded to pre-approved municipalities for a pre- determined amount up to 50% of eligible improvements completed between January 1, 2021 and December 31, 2022; and WHEREAS, The City of Medina has submitted an application to the Metropolitan Council of Environmental Services (MCES) for grant funding for improvements to the publicly owned sanitary sewer system to reduce inflow and infiltration; and WHEREAS, The MCES has determined to contribute the lesser of 50% of the eligible expenses during the grant activity period or $50,000. In addition to the PMA an additional Final Reimbursement Amount (FRA) will be allocated proportionally to grant participants, determined based on eligible project expenses submitted and available remaining grant program funds. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as follows: 1. The City of Medina has budgeted and completed the City’s portion of the improvements as set forth in the agreement; and 2. The City Council agrees to accept and approve the Grant Agreement between the City of Medina and the Metropolitan Council of Environmental Services; and 3. The City Council hereby authorizes the City Clerk to execute said Agreement for and on behalf of the City of Medina. Agenda Item 6H Resolution No. ________ March 21, 2023 Date: March 21, 2023. By: _____________________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ___________ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted MEMORANDUM TO: Mayor and City Council FROM: Jim Stremel, City Engineer DATE: March 16, 2023 MEETING: March 21, 2023 City Council SUBJECT: Willow Dr Lift Station Project – Receive Bids & Project Award Background: The Willow Drive/TH 55 Regional Lift Station Project will serve properties to the east & west of Willow Drive that are not serviceable with gravity sewer, including the proposed Adams Pest Control development and future Cates Industrial Park projects. The City Council authorized a feasibility study for the lift station in September 2019 and final design of the lift station in July 2022, spurred on by proposed development in the area. With the more recent approval of the Cates Industrial Park comprehensive plan amendment, the Adams Pest Control project proceeding, and the lengthy timeframe for material procurement to construct the lift station, the City recently approved a quote to procure the lift station electrical panel and other long-lead materials ahead of time. The Adams Pest Control project is driving the need for the lift station and this site will need sewer service prior to the end of 2023. On February 7, 2023 the City Council adopted a resolution approving the project plans/specifications and authorized advertisement for bids. Bids were received electronically and opened at 11:00 AM on Thursday, March 3, 2023. Project Bidding: Eight bids were received with the apparent low bid submitted by Pember Companies, Inc. in the amount of $619,535.45. The cost to procure the panel separately with the quotes received in January was $37,674.00. In total, the construction cost as bid for both was $657,209.45; the engineer’s estimate of construction cost was $785,110.00. A summary of the project bid abstract is enclosed and WSB recommends awarding the contract to Pember Companies, Inc. as reiterated in the attached letter of recommendation. Project Cost & Funding Review: With the project now bid and including the two bid amounts into the project cost calculation, the total estimated project cost is $904,000.00 which includes a 10% contingency factor and 25% for indirect costs for legal, engineering, administrative, and financing. The City is intending to fund the project through the Sewer Capital Fund. Agenda #6I 2 Next Steps: Assuming the City Council awards the project, the contractor has indicated construction may begin in July and then be substantially complete by early fall. Once a pre-construction meeting is held, a more detailed construction schedule will be available. City Council Action Requested: Adopt the resolution accepting the lowest responsible bid and awarding the contract to Pember Companies, Inc. for the Willow Drive Regional Lift Station Project in the amount of $619,535.45. PROJECT: OWNER: City of Medina, MN WSB PROJECT NO.: 014877-000 Bids Opened: Thursday, March 2, 2023, at 11:00 am Contractor Bid Security (5%)Total Bid 1 Pember Companies, Inc. X $619,535.45 2 Northdale Construction Company, Inc.X $649,867.67 3 Geislinger & Sons X $724,893.51 4 Minger Construction Co., Inc.X $733,114.00 5 Meyer Contracting, Inc.X $736,560.34 6 R&R Excavating, Inc.X $741,935.44 7 GM Contracting, Inc.X $757,562.94 8 Kuechle Underground, Inc.X $933,825.23 Engineer's Opinion of Cost $785,110.00 Denotes corrected figure Jim Stremel, Sr. Project Manager BID TABULATION SUMMARY I hereby certify that this is a true and correct tabulation of the bids as received on March 2, 2023. Willow Drive Lift Station K:\014877-000\Admin\Construction Admin\Bidding\014877-000 Bid Summary 030223 K:\014877-000\Admin\Construction Admin\Bidding\014877-000 LOR 030223.docx 17 8 E 9 T H S T R E E T | SU I T E 2 0 0 | SA I N T P A U L , M N | 55 1 0 1 | 65 1 . 2 8 6 . 8 4 5 0 | W S B E N G . C O M March 2, 2023 Honorable Mayor and City Council City of Medina 2052 County Road 24 Medina, MN 55340 Re: Willow Drive Lift Station City of Medina WSB Project No. 014877-000 Dear Mayor and Council Members: Bids were received for the above-referenced project on Thursday, March 2, 2023, and were opened and read aloud. Eight bids were received. The bids were checked for mathematical accuracy. Please find enclosed the bid summary indicating the low bid as submitted by Pember Companies, Inc., Menomonie, Wisconsin in the amount of $619,535.45. The Engineer’s Estimate was $785,110.00. We recommend that the City Council consider these bids and award a contract in the amount of $619,535.45 to Pember Companies, Inc. based on the results of the bids received. Sincerely, WSB Jim Stremel, PE Sr. Project Manager Attachments cc: Jon Christensen, WSB kkp Resolution No. ________ March 21, 2023 Member ___________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT WHEREAS, pursuant to an advertisement for bids for the Willow Drive Regional Lift Station Project, the construction of a new lift station system along Willow Drive, sanitary sewer piping, and related improvements, bids were received, opened electronically, and tabulated according to the law, and the following five bids were received complying with the advertisement: Company Grand Total Bid Pember Companies, Inc. $619,535.45 Northdale Construction Company, Inc. $649,867.67 Geislinger & Sons $724,893.51 Minger Construction Co., Inc. $733,114.00 Meyer Contracting, Inc. $736,560.34 R&R Excavating, Inc. $741,935.44 GM Contracting, Inc. $757,562.94 Kuechle Underground, Inc. $933,825.23 AND WHEREAS, it appears that Pember Companies Inc. of Menomonie, WI is the lowest responsible bidder based on the Grand Total Bid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, as follows: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Pember Companies, Inc. in the name of the City of Medina for the construction of a new lift station system along Willow Drive, sanitary sewer piping, and related improvements, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Dated: March 21, 2023. By: _______________________ Kathleen Martin, Mayor Attest: Resolution No. ________ March 21, 2023 2 By: ___________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ___________ and upon a vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. TO: Medina Mayor and City Council FROM: Public Safety Director Jason Nelson DATE: March 16, 2023 RE: Donation – Lorraine Wagner On March 15, 2023, the police department received a cash donation from Lorraine Wagner in the amount of $1,000 for the Medina Police Department. I would ask the Medina City Council to accept the donation and direct staff to respond with a thank you letter to the Ms. Wagner. Agenda Item #6J Resolution No. 2023-XX March 21, 2023 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION ACCEPTING DONATION FROM LORRAINE WAGNER WHEREAS, Lorraine Wagner. generously offered to donate a check in the amount of $1,000 to the City of Medina (the “City”); and WHEREAS, the Donation will be dedicated to the City’s Police Department; and WHEREAS, the City wishes to accept the Donation and express its gratitude to Lorraine Wagner for their generosity. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that the City accepts the Donation and thanks Lorraine Wagner. Dated: March 21, 2023. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. ________ March 21, 2023 Member ___________ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. _______ RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENTS, AND CALLING FOR HEARING ON THE PROPOSED ASSESSMENT WHEREAS, a hearing has been scheduled for the 2023 Clydesdale Trail Pavement Rehabilitation Project, the improvement of Clydesdale Trail from 100 feet east of the City’s public works driveway to County Road 101 by reconstruction of the roadway pavement surface layer, spot concrete curb replacement, and trail repair; and WHEREAS, the estimated construction cost for such improvement is $432,000.00, and the estimated expenses to be incurred in the making of such improvements amount to $86,000.00 so that the total cost of the improvement will be $518,000.00. NOW, THEREFORE, BE IT RESOLVED, by the city council of the city of Medina, as follows: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $304,000.00. The portion of the cost to be assessed against benefited property owners is declared to be $214,000.00. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable with general taxes for the year 2024 and shall bear interest at the rate of 6.0% points per annum from the date of adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. BE IT FURTHER RESOLVED by the city council of the city of Medina, as follows: 1. A hearing shall be held on Tuesday, April 18, 2023 in the Council Chambers at 7:00 p.m. or as soon thereafter as possible, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. Agenda Item #6K Resolution No. ________ March 21, 2023 2 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, stating in the notice the total cost of the improvement. Mailed notice to the owner of each parcel described in the assessment roll shall be given not less than two weeks prior to the hearings is also approved. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid by November 1, 2023. The owner may at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council on March 21, 2023. By: _______________________ Kathleen Martin, Mayor Attest: By: ___________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ___________ and upon a vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution 2023-XX March 21, 2023 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION CONGRATULATING HADLEY AASNESS AS THE 2022 MAYOR FOR A DAY ESSAY CONTEST WINNER WHEREAS, the City of Medina desires to enhance the citizenship skills and awareness of school children within its community, and in that regard supports the League of Minnesota Cities (LMC) Mayor for a Day Essay Contest for Minnesota school children; and WHEREAS, The LMC Mayor for a Day Essay Contest began in 2013 and continues to invite fourth, fifth, and sixth grade students to share how they would make their communities even better places to live; and WHEREAS, The LMC received 560 essays in 2022 from fourth, fifth and sixth graders across Minnesota, the highest number of entries in the program’s history; and WHEREAS, Medina 6th Grade Student Hadley Aasness was selected by the LMC judging team as one of four winners of the 2022 Mayor for a Day Essay competition for her essay on helping senior citizens; and NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that the City congratulates Hadley Aasness for winning the 2022 Mayor for a Day Essay Competition and encourages her to continue pursuing her interest to enhance her community through participation in local government. Dated: March 21, 2023. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Agenda Item #8A Resolution 2023-XX March 21, 2023 Whereupon said resolution was declared duly passed and adopted. 2022 Mayor for a Day Essay Contest Winners Students from the cities of Edina, Glencoe, La Crescent, and Medina were selected as winners of the 2022 Mayor for a Day Essay Contest. In addition, judges selected four honorable mention essayists from the cities of Elk River, Inver Grove Heights, La Crescent, and Pierz. The League of Minnesota Cities received 560 essays from all around the state, the highest number of entries in the programʼs history. About the contest The LMC Mayor for a Day Essay Contest began in 2013 and continues to invite fourth, ﬁh, and sixth graders to share how they would make their communities even better places to live. In addition to having their essays published here, winners receive a plaque and a check for $100. Honorable mention students receive a certiﬁcate of recognition, and excerpts from their essays appear here. Some cities where the winning students reside also will arrange for recognition and city council meetings and other public events. City oﬃcials throughout the state supported the Mayor for a Day program by promoting it at their local schools, which resulted in entire classes participating in the contest. Additionally, some students submitted entries independently. The top entries included mentions of recurring themes like health and safety, the environment, senior care, homelessness, and basic city services, among others. Essay ﬁnalists were judged by Bemidji Council Member and League President Ron Johnson and League Executive Director Dave Unmacht. Hadley Aasness 6th Grade MEDINA If I were mayor for a day in my town, Medina, I would focus on helping senior citizens. I have a friend who is 104 years old named Mrs. Sharpe. She tells me how she gets lonely and how much she loves my visits. I imagine other seniors get lonely too. I would like to help seniors by connecting them with kids. If we follow through on this idea, our seniors would feel happier. When I visit Mrs. Sharpe, we like to talk about our day, listen to old songs, eat treats, and read her emails. I know my visits bring her joy because she smiles, laughs, and makes jokes. I think we can bring that kind of joy to other seniors by matching them with kids in our community who have similar interests. If I was mayor for a day, I would set up a buddy system for kids and seniors. I would set up sign- up sheets and post them around town. I would visit senior citizens and ask them what they like so that kids can ﬁnd someone who has similar interests. For example, if there was a senior citizen that was a baseball player, or loves the Twins, a boy that likes baseball would be the perfect match. The seniors love to hear from kids about their lives and their interests, such as their favorite sports. They would also love to tell the kids about their own experiences. I think this would be great for the kids and the senior citizens. The kidsʼ friendship with the seniors could beneﬁt the kidsʼ social skills and help them learn about the past. If we follow through on this idea as a community, our seniors will feel a lot of love and be happier. I hope you will consider ﬁnding a senior buddy. Katherine Veglahn 6th Grade LA CRESCENT If I were mayor of La Crescent for a day, I would like to improve the ambulance services we have available in our town. In La Crescent, we have police, ﬁreﬁghters, and ﬁrst responders but no ambulances available to us. I would make ambulance accessible in case of serious emergencies. Right now, if someone got injured in La Crescent the ﬁrst responders would come, but they would have to wait for an ambulance to arrive and that could take a lot of time if they are coming from surrounding areas. I have been thinking about places where we could park the ambulances. We could park them by Subway or past the pool. Along with a location to place the ambulances we also need workers and a building. This could be a good thing because there are tons of people in La Crescent who have nurse training that are unemployed, which could provide opportunities to the unemployed. We could also have small businesses in La Crescent help build the building, which not only would help our community but could also expand their small business. I think this will help our city grow and thrive. With these new ambulances, it will better protect the people of La Crescent and create a safer environment to live in. Avianna Fettig 5th Grade EDINA Sometimes when people think about kids being mayor, they think about us making silly laws, doing silly things, and not taking it seriously. But I think most kids wouldnʼt do that. We are constantly told that we are the future, but some things canʼt wait until weʼre older. If I were mayor for a day, my town would change for the better. First, I would give love and support to the homeless. I would put a reasonable amount of taxes toward funding homeless shelters and make new, cheap buildings in forgotten areas, like old parking lots, for people who had experienced homelessness. Minnesota is a beautiful place to live, and I would show that we need to take care of it. I would hold annual clean-up days to pick up litter in parks and other public areas. Schools would also be encouraged to keep their grounds clean. One other thing I would be sure to do is for all families to have the ability to recycle and compost their waste, as it will help keep trash out of landﬁlls. My other act as mayor would be to make a small museum. It would be mainly focused around the people of my town, of the past, and the present. From families like Yanceyʼs, one of the ﬁrst African-American families to live in my town, to clubs like the Anti-Racist Collective that speak out against hate in our community, I would make sure to show all the diﬀerent aspects of my town. I would also recognize many of the town workers, including police oﬃcers, ﬁreﬁghters, librarians, and public school staﬀ. This would be a great place for kids to learn about our town and the people who are making it better every day. I would do as much as I could to make my town a better place. I would always try to show how blessed we are to live in our town and how we could make it a better place. I would also listen to othersʼ ideas and opinions. As Malcolm Forbes once said, “Diversity is the art of thinking independently together.” Kaden Strobel 4th Grade GLENCOE I would buy new books for the school library so kids have new books to read. I would build new stores so people do not have to go to a diﬀerent town to get some things. I would also build new businesses so people can have more jobs and make more money. I would like to build a splash pad and have skate parks so the kids have more fun activities to do. It is more important to add these services so your town grows and improves things for people who live in Glencoe. These services will also bring people to our town which means more money for businesses and the town. These are my plans if I become mayor for a day. I know they would take longer than one day to achieve, but we could get them started to make our town even better. I wouldnʼt be sad because itʼs fun to be mayor. HONORABLE MENTIONS Ashley Aragon 6th Grade ELK RIVER Excerpt from Ashleyʼs essay: I would start a homeless shelter. The reason why I chose to create this service is because I want to have a place where people can stay safe, be cozy, and feel welcomed like any other person. Lauren Nilsen 5th Grade PIERZ Excerpt from Laurenʼs essay: I would create an Evergreen Club, planting ﬂowers and vegetables around the town … I would also suggest making the Pierz Library open longer. People would be able to read books for longer, and read aer school and aer work. Maria Ries 4th Grade INVER GROVE HEIGHTS Excerpt from Mariaʼs essay: As mayor for the day, I would start by sharing reasons I love my town. Iʼd put up posters around town expressing reasons why our town is amazing. Iʼd thank a helpful librarian, compliment our ice cream shop, and name my favorite hiking trail through the woods. Liv Small 6th Grade LA CRESCENT Excerpt from Livʼs essay: One thing I would do to improve our public transportation services in La Crescent would be adding more stops to the bus route … By adding more stops in accessible areas, we increase the chances of people using the resources our community has to oﬀer. Your LMC Resource Minnesota Cities magazine is published bimonthly by the League of Minnesota Cities. Subscribe to Minnesota Cities (pdf ) Advertise in Minnesota Cities For editorial questions: Contact Laura Zenz Digital & Publications Manager (651) 215-4033 or (800) 925-1122 lzenz@lmc.org Resolution 2023-XX March 21, 2023 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION CONGRATULATING HADLEY AASNESS AS THE 2022 MAYOR FOR A DAY ESSAY CONTEST WINNER WHEREAS, the City of Medina desires to enhance the citizenship skills and awareness of school children within its community, and in that regard supports the League of Minnesota Cities (LMC) Mayor for a Day Essay Contest for Minnesota school children; and WHEREAS, The LMC Mayor for a Day Essay Contest began in 2013 and continues to invite fourth, fifth, and sixth grade students to share how they would make their communities even better places to live; and WHEREAS, The LMC received 560 essays in 2022 from fourth, fifth and sixth graders across Minnesota, the highest number of entries in the program’s history; and WHEREAS, Medina 6th Grade Student Hadley Aasness was selected by the LMC judging team as one of four winners of the 2022 Mayor for a Day Essay competition for her essay on helping senior citizens; and NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that the City congratulates Hadley Aasness for winning the 2022 Mayor for a Day Essay Competition and encourages her to continue pursuing her interest to enhance her community through participation in local government. Dated: March 21, 2023. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Agenda Item #8A Resolution 2023-XX March 21, 2023 Whereupon said resolution was declared duly passed and adopted. Elevate Hennepin Page 1 of 2 March 21, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: March 15, 2023 MEETING: March 21, 2023 City Council SUBJECT: Elevate Hennepin contract Background Hennepin County Economic Development offers various business support activities to entrepreneurs and small businesses in the county through its Elevate Hennepin initiative. Hennepin County is requesting that cities throughout the county partner financially in the program to expand available services. Information on the program is attached for reference. Hennepin County has requested that Medina contribute $1,250 to the program in 2023, and $2,500 in 2024. The City has partnered with Hennepin County in the Open to Business program over the past decade. The Elevate Hennepin initiative includes services similar to Open to Business, and includes additional services as well. The City has paid $1,250 annually to take part in the Open to Business program, and this amount is budgeted for 2023. Hennepin County previously funded a share of the Open to Business program as well. Staff attempted to locate annual reports in past years of the Open to Business program. Staff was able to locate the following activity reports: Staff spoke with Hennepin County staff, who confirmed that Medina residents and businesses would be eligible for services even if the City does not contribute financially to the program. Hennepin County is projecting approximately 10% of its budget in 2023 and 2024 from financial partnerships with cities. The hope is that contributions from cities would allow enhancement of the services available. Hennepin County would like the City to enter into an agreement for Elevate Hennepin with whatever financial contribution the City Council supports (if any). Staff Recommendation Staff recommends that the City Council approve the agreement to partner in the Elevate Hennepin initiative in an annual amount of $1,250. This continues the partnership with Hennepin County in an amount which has been budgeted. If the Council concurs, staff would request that Hennepin County reduce the 2024 amount to $1,250 as well. If the City Council does not desire to contribute financially, staff would request approval of the agreement with removing the City financial contribution. Clients Hours Financing 2021 3 9 2019 2 7 $21,000 2017 6 16 2016 9 66 $450,000 MEMORANDUM Agenda Item #9A Elevate Hennepin Page 2 of 2 March 21, 2023 City Council Meeting Potential Action If the Council supports partnering in the $1,250 annual amount previously budgeted, staff recommends the following action: Move to approve the agreement for Elevate Hennepin programming, amending the 2024 City contribution to $1,250. Attachments 1. Agreement 2. Elevate Business Information Contract A______________ AGREEMENT FOR ELEVATE HENNEPINSM PROGRAMMING This Agreement (“Agreement”) is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of its Housing and Economic Development Department, 701 Fourth Avenue South, Suite 400, Minneapolis, MN 55415 (“COUNTY”) and the City of Medina, 2052 County Road 24, Medina, MN 55340 (“CITY”), both political subdivisions of the State of Minnesota (“Parties”). RECITALS WHEREAS, Hennepin County Board Resolution No. 21-0370 authorized up to $19 million of pandemic recovery funding, made possible by Federal American Rescue Plan Act, reclassified by Hennepin County Board Resolution 22-0136 to pandemic recovery activities to be used for eligible costs, operations, staffing, and services to advance equitable economic recovery strategies, including small business technical assistance and specialized consulting to address the needs of businesses impacted by the public health emergency; and WHEREAS, the Parties recognize a need for inter-governmental cooperation to effectively and equitably implement, promote and sustain the Elevate HennepinSM program, formerly known as Elevate BusinessSM (“the Program”), a suite of small business programming that provides aspiring entrepreneurs and local businesses based in Hennepin County with inclusive access to professional consulting, a network of over twenty culturally diverse small business technical experts, and targeted cohort-based programming for businesses at specific stages of growth, all of which are available through a website that provides one-stop access to a wide variety of events, trainings, loans, grants, and other small business resources offered by multiple agencies; and WHEREAS, this inter-governmental cooperation represents a multijurisdictional program designed to promote economic development and job creation; and WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Minnesota Statute § 383B.79 and other applicable law. NOW THEREFORE, the Parties agree to cooperate in the implementation and promotion of the Program as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence on March 22, 2023, and expire on December 31, 2024 unless cancelled or terminated earlier in accordance with the provisions herein. CITY shall pay COUNTY in accordance with this Agreement an annual fee of One Thousand Twelve Hundred Fifty Dollars and no/100 ($1,250.00) in 2023, and Two Thousand Five Hundred Dollars and no/100 ($2,500.00) in 2024. The total cost of this 2 Agreement, including all reimbursable expenses, shall not exceed Three Thousand Seven Hundred Fifty Dollars and no/100 ($3,750.00). 2. SERVICES TO BE PROVIDED A. COUNTY shall maintain the Program as described above, offering technical assistance and cohort programming, available at no-cost to qualifying businesses and entrepreneurs located in CITY throughout the contract term. COUNTY shall provide CITY with an annual report documenting the number of business clients served by the Program, aggregate demographics of business clients, and other Program information to assist CITY is measuring outcomes. B. COUNTY shall provide CITY with branding guidelines and communication toolkits to promote the Program on the CITY’s website, newsletter, social media, and other communication channels. COUNTY shall promote and recognize CITY as an Elevate HennepinSM sponsor and include recognition of CITY on the website promoting all COUNTY Elevate HennepinSM programming. CITY shall promote Elevate HennepinSM on the CITY’s website, newsletters, social media, and other forms of communications, as appropriate and following the directives in Section 19 of this Agreement, and shall follow COUNTY’s branding guidelines, as directed by COUNTY. CITY shall make best efforts to coordinate communications with COUNTY and provide a quarterly update on CITY’s promotional and communication efforts, on a form provided by COUNTY. C. CITY confirms, transfers, assigns, and conveys to COUNTY all right, title, and interest in all intellectual property which CITY may create, conceive, develop, or originate, either individually or jointly with others, and which arises out of the performance of this Agreement, including but not limited to copyrights, patents, trade secrets, trademarks, service marks, and rights in data or other technology (“Intellectual Property Rights”). As applicable, all works of authorship created by CITY for COUNTY in performance of this Agreement shall be considered “works made for hire” as defined in the U.S. Copyright Act. CITY shall, upon request of COUNTY, execute all papers and perform all other acts necessary to assist COUNTY to establish, protect, and preserve COUNTY’s Intellectual Property Rights. For clarification, each party shall retain ownership of intellectual property developed prior to or outside of this Agreement (“Pre-existing IP”). However, and as applicable, COUNTY grants CITY a royalty-free license to use COUNTY’s Elevate HennepinSM IP solely for the purposes and duration of this Agreement. Any use of the Elevate HennepinSM name and/or IP that is not expressly permitted by this Agreement (including without limitation any use of the Elevate HennepinSM name or IP in connection with products sold under any third-party private label) is prohibited without the prior written consent of COUNTY. CITY recognizes and acknowledges that all right, title, and interest in and to the Elevate HennepinSM and Elevate 3 HennepinSM IP is the property of COUNTY. The Elevate HennepinSM name and Elevate HennepinSM IP are provided on an “as is” basis. D. CITY agrees that it will immediately cease all use of the Elevate HennepinSM name and any Elevate HennepinSM IP upon termination of this Agreement. E. Should COUNTY rename or rebrand the Elevate HennepinSM Program at any point as described in Section 12.B., the terms and obligations under this Section remain in force and will be applicable to the Program IP under COUNTY’s chosen name or brand. 3. PAYMENT FOR SERVICES COUNTY shall invoice CITY on an annual basis by December 15. CITY shall provide payment by the end of each calendar year. In the event this Agreement is terminated early by either party in accordance with this Agreement, CITY shall be responsible for payment to COUNTY of a portion of any unpaid annual cost, prorated through the date notice of termination was provided. 4. CONTRACT ADMINISTRATION To coordinate the services of COUNTY and CITY so as to accomplish the purposes of this Agreement, Dusty Finke, Planning Director, 2052 County Road 24, Medina, MN 55340, or successor (“Contract Administrator”), shall manage this Agreement on behalf of CITY and serve as liaison between CITY and COUNTY. Patricia Fitzgerald, Community and Economic Development Director, Hennepin County Housing and Economic Development, 701 4th Avenue South, Suite 400, Minneapolis, MN 55415, or successor, shall manage the Agreement on behalf of COUNTY. 5. INDEPENDENT CONTRACTORS CITY and COUNTY shall select the means, method, and manner of performing the services. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CITY as the agent, representative, or employee of COUNTY for any purpose. CITY and COUNTY are and shall remain independent contractors for all services performed under this Agreement. CITY and COUNTY shall secure at their own expense all personnel required in performing services under this Agreement. CITY’s personnel and/or subcontractors engaged to perform any work or services required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims related to or on behalf of any of CITY’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes 4 Chapter 176) or claims of discrimination arising out of applicable law, against CITY, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 6. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, CITY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting procedures and practices of the parties and involve transactions relating to this Agreement. The parties shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation, or termination. 7. DEFAULT AND CANCELLATION/TERMINATION Notwithstanding any provision of this Agreement, either Party may withdraw from this Agreement before the expiration date of December 31, 2024. Notice shall be effective upon delivery to the contact managers for each Party listed in Section 4 of this Agreement of a copy of the resolution of the Party’s governing body, or a copy of the Party’s appropriate administrative authority, indicating its intent to withdraw from this Agreement. If CITY or COUNTY fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, that Party shall be in default. Unless the default is excused in writing by the non-defaulting Party, the non- defaulting Party may upon written notice immediately cancel or terminate this Agreement in its entirety. Each Party shall attempt to resolve disputes related to this Agreement in good faith. 8. INDEMNIFICATION Each Party to this Agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other Party, its officers, employees or agents. Each Party hereby agrees to indemnify, hold harmless and defend the other, its officers, employees or agents, against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney’s fees which the other Party, its officers, employees or agents may sustain, incur or be required to pay, arising out of or by reason of any act or omission of the indemnifying Party, its officers, employees or agents, in the execution, performance, or failure to adequately perform its obligations pursuant to 5 this Agreement. Liability of the Parties shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws. Under no circumstances, however, shall a Party be required to pay on behalf of itself and the other Party, any amounts in excess of the limits on liability established in Minnesota Municipal Tort Liability Act, Minn. Stat. Ch. 466, applicable to any one Party. The limits of liability for one or both of the Parties may not be added together to determine the maximum amount of liability for any Party. 9. INSURANCE Each Party shall maintain public liability coverage protecting itself, its Board, officers, agents, employees and duly authorized volunteers against any unusual and customary public liability claims in amounts which shall, at a minimum, comply with Minn. Stat. § 466.04 and the Workers’ Compensation law and shall be in accordance with Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. The Parties may satisfy this requirement through a program of self-insurance. 10. DATA PRIVACY A. The Parties, their agents, employees, and any of their subcontractors, in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act (MGDPA), Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to chapter 13. Each Party shall promptly notify the other if either Party becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, related to services performed under this Agreement. B. In addition to the foregoing MGDPA and other applicable law obligations, CITY shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, “County Data” means any data or information, and any copies thereof, created by CITY or acquired by CITY from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. If CITY has access to or possession/control of County Data, CITY shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable COUNTY policies, procedures, rules and directions. To the extent of any inconsistency between accepted industry standards and such COUNTY policies, procedures, rules and directions, CITY shall notify COUNTY of the inconsistency and follow COUNTY direction. CITY shall immediately notify COUNTY of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions 6 provided by COUNTY. The foregoing shall not be construed as eliminating, limiting or otherwise modifying CITY’s indemnification obligations herein. C. INTENTIONALLY OMITTED. D. Upon expiration, cancellation or termination of this Agreement: (1) At the discretion of COUNTY and as specified in writing by the Contract Administrator, CITY shall deliver to the Contract Administrator all County Data so specified by COUNTY. (2) COUNTY shall have full ownership and control of all such County Data. If COUNTY permits CITY to retain copies of the County Data, CITY shall not, without the prior written consent of COUNTY or unless required by law, use any of the County Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such County Data. (3) Except to the extent required by law or as agreed to by COUNTY, CITY shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, CITY shall, upon COUNTY’s request, certify destruction of any County Data so specified by COUNTY. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CITY and COUNTY each bind themselves, their partners, successors, assigns and legal representatives to each other for all covenants, agreements and obligations herein. B. Neither CITY nor COUNTY shall assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the other Party. Permission to assign, however, shall under no circumstances relieve the assigning Party of its liabilities and obligations under the Agreement. Nothing in this Agreement shall prevent COUNTY from renaming or rebranding the Elevate HennepinSM Program during or after the term of this Agreement, and such renaming or rebranding will not affect the obligations of the Parties or the terms of this Agreement. C. CITY shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. Further, each Party shall be fully responsible for the acts, omissions, and failure of its subcontractors in the 7 performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between either Party and each of their subcontractors shall require that the subcontractor’s services be performed in accordance with this Agreement. The Parties shall make contracts between them and any subcontractors available upon request from the other Party. 12. MERGER, MODIFICATION AND SEVERABILITY The entire Agreement between the Parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. The Parties are each bound by their own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties. Except as expressly provided, the substantive legal terms contained in this Agreement, including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13. DUTY TO NOTIFY Each Party shall promptly notify the other of any demand, claim, action, cause of action or litigation brought against either Party, its employees, officers, agents or subcontractors, which arises out of the services described in this Agreement. Each Party shall also notify the other whenever a party has a reasonable basis for believing that it and/or its employees, officers, agents or subcontractors, and/or the other party, might become the subject of a demand, claim, action, cause of action, administrative action, criminal arrest, criminal charge or litigation arising out of and/or related to the services described in this Agreement. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CONTRACTORS; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 8 15. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. Each Party shall comply with all applicable law, conditions of any funding sources, regulations, rules and ordinances currently in force or later enacted. B. Each Party certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. Both Parties shall immediately notify the other if that Party is debarred or suspended during the term of this Agreement. 16. NOTICES Unless the Parties otherwise agree in writing, any notice or demand which must be given or made by a Party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in Section 4 of this Agreement. Notice to CITY shall be sent to the address stated in Section 4 of this Agreement. 17. CONFLICTS OF INTEREST Each Party affirms that to the best of its knowledge, its involvement in this Agreement does not result in a conflict or potential conflict of interest with any Party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to either Party, that Party shall immediately notify the other of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise the other Party whether it will or will not resign from the other engagement or representation. Unless waived by the non-conflicted Party, a conflict or potential conflict may, in the non-conflicted Party’s discretion, be cause for cancellation or termination of this Agreement. 18. MEDIA OUTREACH COUNTY shall provide media toolkits including, but not limited to, sample social media posts to CITY. COUNTY shall also provide Program brand guidance to CITY, which CITY shall follow. For clarification and not limitation, all Outreach shall be provided by COUNTY prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities, and/or other forms of outreach created for CITY pursuant to this Agreement that reference or otherwise use the term “Hennepin County” or any derivative thereof; or (ii) that directly or indirectly relate to, reference, or concern the County of Hennepin, this Agreement, the services 9 performed hereunder, or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 19. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. COUNTY ADMINISTRATOR APPROVAL Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer3:signature}} {{userstamp3_es_:signer3:stamp}} Reviewed for COUNTY by: {{Sig_es_:signer4:signature}} {{userstamp4_es_:signer4:stamp}} Document Assembled by: {{Sig_es_:signer1:signature}} {{userstamp1_es_:signer1:stamp}} {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer5:signature}} {{userstamp5_es_:signer5:stamp}} Kathleen Martin, Mayor Scott T. Johnson, City Administrator 10 Elevate HennepinSM Since its launch in late 2020, Hennepin County’s Elevate Hennepin initiative has helped hundreds of small business grow, develop, learn, and succeed in this ever- changing marketplace. Elevate HennepinSM provides: • Inclusive access to a network of 20+ culturally diverse small business technical experts, including legal, financial, and marketing consultants who work with business clients at no charge for up to 25 hours • Targeted cohort-based programming for businesses at specific stages of growth including Certified Access Academy, CEO Now, and CEO Next • Continued investment in industry specific supports and skill building to help entrepreneurs take advantage of the changing economy • An easy-to-navigate digital platform that curates loans, grants, and services offered by cities, the county, the state (DEED), the SBA and others. Partnering in 2023 and beyond Building on the partnership model established with Open to Business, cities are invited to become Elevate HennepinSM partners and receive the following benefits: • Availability of all Elevate HennepinSM 1:1 and cohort technical assistance, including advising from MCCD (Open to Business), to all entrepreneurs and businesses in the community at no-cost • Recognition as an Elevate Hennepin partner, including o city logo on the Elevate HennepinSM website o ability to list Elevate HennepinSM as a city-sponsored program, in partnership with Hennepin County o shared success and shared recognition in Elevate Business outcomes • Communication toolkits to promote Elevate Hennepin on the city’s website and newsletters, through city social media channels, etc. • Outcomes reporting on a monthly or quarterly basis Cost The annual cost of Elevate HennepinSM partnership is based on population size: • $5,000 per year for cities with populations under 50,000 (cities with populations under 5,000 may provide in-kind contributions of staff time) • $10,000 per year for cities with populations over 50,000 Contacts Patricia Fitzgerald Community and Economic Development Director patricia.fitzgerald@hennepin.us Mary Matze Business Support Programs Coordinator mary.matze@hennepin.us Tashie George Business Resource Navigator tashie.george@hennepin.us Website elevatehennepin.org hennepin.us/economic- development Free services to help businesses build for the future Elevate Hennepin provides hard-working entrepreneurs and small business owners in Hennepin County with practical tools and consultant expertise to tackle challenges, innovate, and drive growth. Elevate Hennepin is one way Hennepin County is investing to build a more inclusive, resilient economy. Through Elevate Hennepin, business owners get access to a range of specialized advisors, one-to-one customized support, and topic-driven webinars. Resources are available at no cost to small businesses at every level. Our advisor partners represent an array of backgrounds, languages and cultural expertise, and are invested in the success of all business owners throughout Hennepin County. Network to accelerate business growth Elevate Hennepin Business support is available in a variety of areas including: •Accounting •Finance •Legal •Marketing •Business planning •Technology •And more Services available in multiple languages. “Elevate really helped me take my business to the next level and to help me be the entrepreneur that I know I can be—for my company, my clients, and my customers.” –Dante Williams, Founder of Vent LLC Program offerings Participating businesses get access to: •Business advising: Up to 25 hours of one-on-one consultation with private and nonprofit business advisors and consultants. •Peer-to-peer roundtables: Reoccurring and facilitated small group discussions segmented by industry and areas of participant interest with a focus on sharing best practices and problem solving. •Topic-driven webinars: Industry and subject matter experts discuss issues facing employers to help solve the everyday challenges of owning and operating a business. •Regional resources: The Elevate platform gathers state and local resources in one place, making it a hub for opportunities for businesses. Connect with an advisor today www.elevatehennepin.org Elevate Hennepin To support startup, growth, and success of Hennepin County small businesses Nawal Noor, Noor Companies Planning Department Update Page 1 of 2 March 21, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: March 16, 2023 MEETING: March 21, 2023 City Council SUBJECT: Planning Department Updates Land Use Application Review A) Cates Industrial Park – Comprehensive Plan Amendment– Oppidan has submitted preliminary plat and site plan review for a 310,000 square foot warehouse/office development east of Willow Drive, north of Chippewa Road. Staff is conducting preliminary review and will schedule for a public hearing when complete, potentially at the March 14 Planning Commission meeting. 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 City Council granted PUD general plan and preliminary plat approval on January 17. The applicant has now requested final plat approval. City Council review is scheduled for the April 18 meeting. C) 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 granted approval of the preliminary plat and site plan review at the February 7 meeting. Final plat review is underway. D) 3844 Linden Dr E. – Highlands PUD Amendment – Joe McCusker has requested an amendment of the design standards of the Medina Highlands PUD to allow a deck to extend off the side of his twinhome unit. The amendment would apply only to this lot. A public hearing is tentatively scheduled for the April 11 Planning Commission meeting. E) 1225 Maplewood Concept Plan – John and Lisa James have requested review of a concept plan review for a three-lot subdivision. Staff is conducting preliminary review and will schedule for a public hearing when complete, potentially at the April 11 Planning Commission meeting. F) 562/552 Hwy 55 lot rearrangement – Tom and Margaret Dykhoff have requested a lot line rearrangement between two adjacent parcels. The Council recently approved of a lot combination of 562 Hwy 55 and a portion of this combined parcel is proposed to be transferred to 552 Hwy 55. Staff is reviewing information and intends to present to Council on May 2. G) BAPS Site Plan Review – 1400 Hamel Road – BAPS 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. The Council reviewed at the November 9 meeting and recommended approval. The Council approved the amended Site Plan Review at the December 6 meeting. The applicant has indicated that they intend to start construction during the spring of 2023. 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. MEMORANDUM Planning Department Update Page 2 of 2 March 21, 2023 City Council Meeting I) Pioneer Highlands Final Plat – Onyx Investments has requested final plat approval of a four-lot rural subdivision located south of Pioneer, east of Willow Drive. Council adopted a resolution of approval on March 7. Staff will work with applicant on conditions of approval to prepare for recording and construction. J) 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. K) 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. L) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting final plat application. Other Projects A) Bamboo Early Childhood – the applicant has requested Administrative Site Plan Review approval to convert existing home at 562 Highway 55 into a daycare facility. The property is zoned Commercial-Highway and review is underway. B) Peg’s Countryside Café Addition – Rene Calle has requested Administrative Site Plan Review for an addition to the rear of Peg’s Countryside Café. Materials are currently incomplete and staff is awaiting updated information to review. C) Permit software implementation – staff continues to work with OpenGov to set up the system. D) Hackamore Road – staff has obtained two of the required easements and three other owners have indicated that they will sign soon. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: March 16, 2023 RE: Police Department Updates At the end of February, Officer Hall and Investigator Scharf represented our agency at the Mankato Job Fair. Prior to this year, our agency has never participated in job fairs but with the lack of candidates, recruitment and retention are more important than ever. This past week Officer John Vinck picked up additional work out equipment for our workout room. Officer Vinck was one of the original officers to start and organize the workout room and since he has been back, he has worked to obtain more equipment. The workout room is beneficial for all employees’ physical and mental health. The workout room had been set up to accommodate all staff members’ style of workouts. Maintaining physical fitness for staff members has been shown to improve work productivity, attitude, maintaining healthy lifestyle and stress management. The Medina Police Department has an Employee Wellness Program which is designed to assist officers with seeking mental health professionals to assist with personal and professional difficulties related to the job. Many articles have been written regarding the importance of maintaining physical fitness which impacts the strength of mental health and reducing on the job injuries. The Community Service Officers have been working on the upcoming Bike Rodeo in May. We have decided to move the rodeo this year from the police/public works building to the Hamel Community Building in an attempt to get more participants. As a backup for weather issues, we can still use the police/public works facility. On March 15 we held a department going away party for Nicole Jacobson. Nicole has been with the city for over four years, two being with the police department as the part-time administrative assistant. She will be greatly missed as she did a fantastic job with graphics and helping to reimage our department. I am currently evaluating her position and will be bringing information to the council at the April meeting about her replacement. Patrol: The following are updates from Patrol Officers between March 1, 2023 and March 14, 2023: Citations – 39 Warnings – 103 PD Accidents – 8 PI Accidents – 1 Medicals – 6 Falls – 4 Suspicious Calls – 2 Traffic Complaints – 0 Other Agency Assists – 10 Business/Residential Alarms - 11 Welfare Checks - 3 On 03/02/2023 at 1348 hours an officer took a theft report from a Loretto resident. Victim reported finding fraudulent charges on his credit card after recently returning from a trip to Arizona. Victim had already contacted their bank and the charges were reversed. Fraudulent activity was believed to have taken place in New York. On 03/02/2023 at 2257 hours an officer stopped a vehicle for driving 84 mph in the posted 55 mph zone along County Road 101. Juvenile driver said he was tired and just trying to get home. Driver cited for excessive speed. On 03/03/2023 at 1225 hours an officer took a theft report from Kochs Korner. Employee reported Dodge Durango pumped $73 in fuel and left without paying. Employee said it appeared to be intentional as the driver appeared to be hiding from employees while pumping. Employee was able to provide a license plate for the vehicle. The case has been forwarded to investigations. On 03/03/2023 at 1730 hours an officer was conducting speed enforcement on Hunter Drive between County Roads 24 and 6. Officer stopped a vehicle for driving 75 mph in the posted 40 mph zone. Driver was issued a citation for driving more than 20 mph over the posted limit. On 03/03/2023 at 2156 hours an officer was westbound on Highway 55 when an occupant from an eastbound vehicle threw an object at the squad which struck the squad car. Officer was able to make a U-turn and saw the suspect vehicle quickly turn southbound on Arrowhead Drive. Officer located the vehicle hiding in the Automotorplex parking lot. Vehicle was occupied by four juveniles and the driver admitted to throwing an egg at the squad, not knowing it was a police car. Egg did crack the headlight lens of the squad car. The juvenile’s parents were contacted and advised of the incident. Department looking into restitution and community service as part of a diversion rather than criminal charges. On 03/03/2023 at 2355 hours an officer stopped a vehicle for driving with no headlights on while on Pinto Drive at Hamel Road. Driver showed indications of alcohol impairment and was administered field sobriety tests which showed additional indications of impairment. Driver was arrested for DWI. Driver later submitted to a blood test which was sent to the BCA for analysis. Charges pending blood results. On 03/06/2023 at 2023 hours an officer responded to Highway 55 Liquors to take a theft report. Employee reported three males came into the store. One male came to the counter and began speaking with an employee and asking questions. It was later learned the other two males had concealed $400 of alcohol before they all left. On 03/07/2023 Officer stopped a vehicle for driving 90 mph in 55 mph zone along Highway 55. Driver was given a citation for excessive speed, more than 20 mph over the posted limit. On 03/08/2023 at 0204 hours an officer responded to a mental health call in the 200 block of Cherry Hill Alcove. Resident reported feeling unsafe at home and believed people were coming after him. Resident agreed to go to the hospital for evaluation. On 03/08/2023 at 1943 hours officer was dispatched to a report of a male who had fallen and was not breathing. First responders attempted life saving measures but were unsuccessful. The victim was pronounced deceased. Victim was believed to have suffered a medical emergency. On 03/10/2022 at 1222 hours an officer responded to a silent hold up alarm at Holiday, 200 Highway 55. Upon arrival, the officer learned an employee at Highway 55 Liquor had pressed the alarm after the liquor theft suspects mentioned earlier had returned. The suspects left on foot without stealing this time after being confronted by the employee. At least one suspect stated he was going to go get a gun. Suspects were not located. On 03/12/2023 an officer took a vehicle theft report by phone. Victim reported he had been at Detour 19 on 03/11 and had driven there on his snowmobile. When he went to leave, he found his snowmobile missing. The snowmobile was entered as stolen. On 03/13/2023 at 1235 hours an officer was dispatched to suspicious activity at Great Clips. Employee reported a male had come in and was looking around and went into the bathroom twice in a short period and changed clothes. The male eventually left and had left clothing behind in the bathroom. At 1508 hours the officer was then dispatched to Target on a past action theft report. Suspect had been in Target and was ticket switching. Staff confronted him and he left and was last seen going into Great Clips. Suspect was believed to have left in an Uber but left his vehicle in the lot. A suspect has been identified and charges are expected. On 03/14/2023 officers were dispatched to a personal injury accident on County Road 19 at Ardmore Avenue. Vehicle was northbound on County Road 19 and stopped to make a turn onto Ardmore Avenue when she was rear-ended by the other vehicle. Striking vehicle was found to not have current insurance on the vehicle and was cited for no insurance. Minor injuries from the accident. Investigations: Follow-up to the burglaries in the City of Loretto. Interviews conducted resulting in an admission. Charges submitted for two suspects. Received a theft report from a business where over $1,600 had been stolen over the course of 2 weeks. Suspect identified and charges submitted. Received a report of a theft of liquor from a business. Three suspects were involved and returned three days later. They have not been identified at this time. Investigation ongoing. Attended First Responder Appreciation Luncheon at the Okalee Senior Living Home. There are currently five cases assigned to investigations. 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: March 14, 2023 MEETING: March 21, 2023 SUBJECT: Public Works Update STREETS • As spring arrives so do the potholes, and this year they are plentiful, scattered around town, mostly on collector streets. Hackamore Road is in very rough shape. Public Works is out patching, but since useful products do not exist for use during cold weather, it does not take long for the potholes to open back up again. • There have been several snow and ice events in the past couple of weeks. The crew has put in some long hours and have done an excellent job with these events. • Spring road restrictions have been posted and flagged. Our website has been updated and a map is available for contractors to access the information. • Corcoran voted to move forward with the bidding of Hackamore Road. Bids will be opened in mid-April. WATER/SEWER/STORMWATER • Staff continues to work on a recommendation for the sewer connections to Independence and is waiting for requested information from Independence. • The media replacement project is moving along at a good pace. Filter #1 is back online, and the contractor has begun sand blasting filter #2. We anticipate much faster completion on the second filter and hope to catch up a bit on the original schedule. PARKS/TRAILS • Public Works has been assembling the new canoe racks for Lakeshore Park. We will install the racks with base cement in the spring. • The Park Commission again plans to have representation at the cleanup day event and will discuss their role in the upcoming meetings. • Staff will be working with HAC in the next week to complete the contract for the 2023 season. • Your packet includes (2) youth ballfield and (1) tennis court reservation agreements. MISC • Your packet includes two tree trimming contracts which will give us redundancy in the event of a large storm. MEMORANDUM 2 • A street sweeping contract is also in your packet. ORDER CHECKS MARCH 7, 2023 – MARCH 21, 2023 054083 COMPASS MINERALS AMERICA INC .................................... $7,502.41 054084 CITY OF MAPLE PLAIN ........................................................... $7,500.00 054085 ADAMS PEST CONTROL INC .................................................... $107.72 054086 ALDI, INC..................................................................................... $600.00 054087 AMERICAN MAILING MACHINES .............................................. $195.00 054088 ASPEN MILLS INC ...................................................................... $162.28 054089 BANYON DATA SYSTEMS ......................................................... $890.00 054090 BEAUDRY OIL & PROPANE ................................................... $4,675.26 054091 BLUE CROSS BLUE SHIELD OF MN ................................... $40,197.36 054092 BOYER FORD TRUCKS INC ...................................................... $505.38 054093 CANVAS SOLUTIONS, INC ........................................................ $530.00 054094 CASH ............................................................................................. $64.72 PD PETTY CASH 054095 CHAUHAN, ANU OR RAJ ........................................................ $1,075.00 054096 COMPASS MINERALS AMERICA INC .................................. $23,933.07 054097 CONTEMPORARY IMAGES ......................................................... $61.95 054098 CROW RIVER FARM EQUIPMENT CO ..................................... $458.19 054099 DPC INDUSTRIES INC ................................................................. $10.00 054100 ECM PUBLISHERS INC .............................................................. $370.13 054101 FINANCE AND COMMERCE ...................................................... $225.06 054102 TIMOTHY FLEMMING ................................................................ $500.00 054103 GEN FINANCIAL MANAGEMENT, INC ................................... $1,075.00 054104 GOPHER STATE ONE CALL ........................................................ $66.15 054105 GRAINGER.................................................................................. $361.38 054106 GUARDIAN FLEET SUPPLY LLC ............................................... $287.08 054107 HACH COMPANY .................................................................... $1,018.13 054108 HAMEL LUMBER INC ................................................................. $864.62 054109 HAMEL LIONS CLUB .................................................................. $775.00 054110 HAWKINS INC. ......................................................................... $3,753.10 054111 HENN CTY CHIEFS POLICE ASSN ............................................. $80.00 054112 HENN COUNTY INFO TECH ................................................... $2,407.07 054113 HENNEPIN COUNTY TREASURER ............................................. $20.00 054114 HOTSY MINNESOTA .................................................................. $521.32 054115 MATTHEW E HUNZ .................................................................... $387.46 054116 KENNEDY & GRAVEN CHARTERED ................................... $13,678.07 054117 KONRAD MATERIALS SALES LLC ......................................... $1,024.20 054118 LEXISNEXIS RISK DATA MGMT INC .......................................... $33.50 054119 LITTLE FALLS MACHINE INC .................................................... $214.73 054120 LORETTO AUTO BODY ............................................................. $814.00 054121 CITY OF MAPLE PLAIN ........................................................... $1,289.25 054122 MARTINSON, MELISSA ............................................................. $250.00 054123 MATHESON TRI-GAS INC ........................................................... $43.58 054124 METROPOLITAN COUNCIL .................................................... $4,920.30 054125 METROPOLITAN COUNCIL .................................................. $36,562.86 054126 METRO WEST INSPECTION ................................................ $26,194.14 054127 CITY OF MINNEAPOLIS ............................................................. $138.00 054128 MN DEPARTMENT OF HEALTH .................................................. $23.00 054129 NAPA- LONG LAKE ........................................................................ $5.49 054130 NAPA OF CORCORAN INC ........................................................ $449.91 054131 NORTH MEMORIAL MEDICAL CENTER ..................................... $40.00 054132 ODP BUSINESS SOLUTION LLC ............................................... $205.98 054133 CITY OF ORONO ..................................................................... $1,522.61 054134 PREMIUM WATERS INC ............................................................ $119.48 054135 PRIGGE, TANWI ......................................................................... $500.00 054136 RAILROAD MANAGEMENT CO.LLC ......................................... $344.67 054137 SHANK CONSTRUCTORS INC ............................................. $64,657.95 054138 SIEWERT, JAMIE ........................................................................ $500.00 054139 SOLUTION BUILDERS INC ..................................................... $3,120.19 054140 SUN LIFE FINANCIAL ................................................................. $720.20 054141 TALLEN & BAERTSCHI ........................................................... $5,144.06 054142 TRITECH SOFTWARE SYSTEMS ............................................. $150.00 054143 WSB & ASSOCIATES ............................................................ $35,598.25 Total Checks $299,444.26 ELECTRONIC PAYMENTS MARCH 7, 2023 – MARCH 21, 2023 006753E XCEL ENERGY ...................................................................... $10,969.09 006754E FURTHER................................................................................. $2,177.39 006755E PR PERA ................................................................................ $21,089.11 006756E PR FED/FICA ......................................................................... $20,219.56 006757E PR MN Deferred Comp ............................................................ $3,357.00 006758E PR STATE OF MINNESOTA .................................................... $4,549.32 006759E CITY OF MEDINA ......................................................................... $24.00 006760E AFLAC ......................................................................................... $491.08 006761E CENTURYLINK ........................................................................... $271.25 006762E CIPHER LABORATORIES INC. ............................................... $1,977.00 006763E CULLIGAN-METRO ...................................................................... $38.70 006764E FRONTIER .................................................................................... $57.88 006765E FURTHER.................................................................................... $190.25 006766E MEDIACOM OF MN LLC .......................................................... $1,074.30 006767E PAYMENT SERVICE NETWORK INC ..................................... $1,699.57 006768E CITY OF PLYMOUTH .............................................................. $1,595.88 006769E THE VALVOLINE COMPANY 68 ................................................ $232.05 006770E XCEL ENERGY ........................................................................ $8,880.87 Total Electronic Checks $78,894.30 PAYROLL DIRECT DEPOSIT MARCH 15, 2023 0512573 MILINKOVICH, JACOB ............................................................... $662.73 0512574 WIESE, TANNER L ..................................................................... $782.84 0512575 ALTENDORF, JENNIFER L. .................................................... $1,171.01 0512576 BARNHART, ERIN A. ............................................................... $2,882.60 0512577 BOECKER, KEVIN D. ............................................................... $3,051.30 0512578 CONVERSE, KEITH A. ............................................................ $2,281.80 0512579 DEMARS, LISA ........................................................................ $1,714.87 0512580 DION, DEBRA A. ...................................................................... $2,198.99 0512581 ENDE, JOSEPH ....................................................................... $2,121.39 0512582 FINKE, DUSTIN D. ................................................................... $3,122.31 0512583 GLEASON, JOHN M................................................................. $2,416.67 0512584 GREGORY, THOMAS .............................................................. $2,083.14 0512585 HALL, DAVID M. ....................................................................... $2,247.09 0512586 HANSON, JUSTIN .................................................................... $2,386.55 0512587 JACOBSON, NICOLE ................................................................. $984.55 0512588 JOHNSON, SCOTT T. .............................................................. $3,022.87 0512589 KLAERS, ANNE M. .................................................................. $1,781.43 0512590 LEUER, GREGORY J. ............................................................. $2,192.67 0512591 MCGILL, CHRISTOPHER R. ................................................... $2,702.59 0512592 MCKINLEY, JOSHUA D ........................................................... $2,564.70 0512593 MYHRE, JORDAN J ................................................................. $2,469.64 0512594 NELSON, JASON ..................................................................... $3,044.17 0512595 RATKE, TREVOR J .................................................................. $2,120.42 0512596 REINKING, DEREK M .............................................................. $2,199.09 0512597 RUCKE, MARIA ........................................................................ $1,866.70 0512598 SCHARF, ANDREW ................................................................. $2,460.80 0512599 SCHERER, STEVEN T. ........................................................... $2,730.27 0512600 VINCK, JOHN J ........................................................................ $2,183.26 0512601 VOGEL, NICHOLE ................................................................... $1,077.11 0512602 WALKER, CAITLYN M. ............................................................ $2,056.30 0512603 BURSCH, JEFFREY ................................................................ $1,458.26 Total Payroll Direct Deposit $66,038.12