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HomeMy Public PortalAbout09.05.2023 City Council Meeting Packet Posted 9/1/2023 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, September 5, 2023 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the August 15, 2023, Work Session Meeting B. Minutes of the August 15, 2023, Regular City Council Meeting V. CONSENT AGENDA A. Set Date of Truth in Taxation Meeting for December 5, 2023 B. Adopt Resolution Accepting Donations for the 2023 Cops N’ Bobbers Program C. Adopt Resolution Authorizing Medina Recreations Inc. to Dispense Liquor at Hamel Legion Park During Medina Celebration Day and approve the Indemnification Agreement D. Approve 2024 Solution Builders Agreement E. Approve Memorandum of Agreement with Minnehaha Creek Watershed District for the Morningside Ravine Stabilization Project F. Approve Trail Sealcoating Services Agreement with Gopher State Sealcoat G. Approve WSB Professional Services Proposal for Grant Writing H. Approve Data Storage Server Sharing and Governance Agreement VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. NEW BUSINESS A. 2024 Preliminary Budget & Tax Levy 1. Resolution Approving Proposed Tax Levy for 2024 2. Resolution Approving Proposed General Fund Budget for 2024 3. Resolution Reducing Debt Service Tax Levies for 2024 4. Establish Public Discussion Date for Final 2024 Tax Levy and Budget B. 1755 Tamarack Drive After-The-Fact Replacement Plan and Voluntary Restoration VIII. CITY ADMINISTRATOR REPORT IX. MAYOR & CITY COUNCIL REPORTS X. APPROVAL TO PAY BILLS XI. 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 minutes (period may be reduced by Council) MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: August 31, 2023 DATE OF MEETING: September 5, 2023 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A. Set Date of Truth in Taxation Meeting for December 5, 2023 – In accordance with State of Minnesota guidelines, staff recommends setting the Truth in Taxation meeting for Tuesday, December 5, 2023 at 7:00 pm. No attachment. B. Adopt Resolution Accepting Donations for the 2023 Cops N’ Bobbers Program – Staff recommends approval of the resolution accepting donations for Cops N’ Bobbers 2023. See attached memo and resolution. C. Adopt Resolution Authorizing Medina Recreations Inc. to Dispense Liquor at Hamel Legion Park During Medina Celebration Day and approve the Indemnification Agreement – The Medina Entertainment Center wants to sell alcohol at Medina Celebration Day on September 16th. Per statute, a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality. Staff recommends approval. See attached resolution. D. Approve 2024 Solution Builders Agreement – The City contracts with Solution Builders for IT services. Staff recommends approval of the 2024 service addendum to the master services agreement with an increase from $3,415 to $3,585 per month. This amount has been incorporated into the 2024 Budget. See attached agreement. 2 E. Approve Memorandum of Agreement with Minnehaha Creek Watershed District for the Morningside Ravine Stabilization Project – Staff has been coordinating with Minnehaha Creek Watershed staff related to grant funds for the ravine project. Enclosed is the Memorandum of Understanding related to the project. Staff recommends approval. See attached agreement. F. Approve Contract for Trail Sealing – The City of Medina has a long history of contracting with Gopher State Sealcoat Inc. for trail sealcoating services. Staff is happy with their timely responses and quality work. Staff recommends approval. See attached memo and agreement. G. Approve WSB Professional Services Proposal for Tree Preservation Grant Writing – A proposal is in your packet to investigate emerald ash borer grant opportunities and other related grant options that might be applicable for Medina through WSB. Staff recommends approval. See attached memo and proposal. H. Approve Data Storage Server Sharing and Governance Agreement – Our Police records management consortium (LMAC) has decided to move forward with a secure plan for data migration from the current cloud hosted environment through our current vendor to an onsite server at the South Lake Police Department. LMAC feels the need to have control over the Police data at a local level after issues have occurred over the past year where there were concerns that data had been lost. This gives Medina PD some security as we move into the next phases of looking for a new records management solution in the next few years. Staff recommends approval. See attached agreement. VII. NEW BUSINESS A. 2024 Preliminary Budget & Tax Levy – Staff will provide a brief presentation on the proposed tax levy and general fund budget at the regular council meeting. A budget open house will take place at the 6 PM Work Session. The proposed 2024 general fund budget is included with the packet. Recommended Motions: 1. Adopt the resolution approving the 2024 preliminary tax levy. 2. Adopt the resolution approving the 2024 preliminary general fund budget. 3. Adopt the resolution reducing debt service tax levies for 2024. 4. Establish the 2024 final tax levy and budget discussion for December 5, 2023, at 7:00 p.m. 3 B. 1755 Tamarack Drive After-The-Fact Replacement Plan and Voluntary Restoration – The landowners at 1755 Tamarack Drive constructed a detached storage building without submitting a permit application. The City has issued a stop-work order, although the construction was significantly complete before the City was aware. The structure was constructed in a location that was previously wetland and approximately 3,899 square feet of wetland has been filled without obtaining appropriate permit approvals and without following the city’s upland buffer rules. The structure also does not meet the setback requirements from the northern property line. The owner purchased the parcel to the north and intends to request a lot-line rearrangement to address the setback violation. The landowner submitted an after-the-fact wetland delineation and replacement plan application on June 12, 2023. Staff is requesting City Council review and discussion of the request. Recommended Motion: Move to approve the Wetland Replacement Plan and restoration/monitoring plan for 1755 Tamarack Drive after-the-fact replacement. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, order check numbers 054716- 054771 for $167,649.88, EFT 006956E-006984E for $124,447.52, payroll EFT 0512933- 0512992 for $134,668.17. Medina City Council Work Session Minutes August 15, 2023 DRAFT 1 MEDINA CITY COUNCIL WORK SESSION MEETING MINUTES OF 2 AUGUST 15, 2023 3 4 The City Council of Medina, Minnesota met in work session on August 15, 2023, at 6:30 p.m. at 5 the Medina City Hall, 2052 County Road 24, Medina, MN. 6 7 I. Call to Order 8 9 Members present: Martin, Albers, Cavanaugh, DesLauriers, Reid 10 Members absent: None 11 Also present: City Administrator Scott Johnson, City Clerk/Assistant to the City 12 Administrator Caitlyn Walker, Finance Director Erin Barnhart, Public Safety Director Jason 13 Nelson, Planning Director Dusty Finke, City Attorney Dave Anderson 14 15 II. Discussion on the Sale of Edible Cannabinoid Products 16 City Attorney Anderson provided an overview of the topic. On November 1, 2022, the city 17 council adopted a one-year moratorium on the sale of edible cannabinoid products, including 18 both edibles and beverages (THC Edibles), which were legalized in 2022 under Minnesota 19 Statutes, section 151.72. The moratorium took effect on November 17, 2022. The moratorium 20 cannot be extended beyond its one-year term, meaning that it will expire on November 17, 2023. 21 Staff is looking for direction on what action to take following the end of the moratorium. 22 Anderson explained that eventually there will be statewide regulation of recreational cannabis 23 and hemp products which includes THC Edibles as section 151.72 will automatically be repealed 24 on March 1, 2025. Therefore, any action taken by the city council regarding regulating the sale 25 of THC Edibles will be temporary. 26 27 Anderson explained that the city council has three options. First, the city council could pass a 28 licensing ordinance that establishes a local licensing program to regulate THC Edible retailers. 29 Second, the city council could expressly prohibit the sale of THC edibles under section 151.72. 30 This prohibition would be allowed through March 1, 2025. Third, the city council could take no 31 action and allow the moratorium to expire without any action. The result of this would be that 32 certain businesses could begin selling THC Edibles to the extent allowed under section 151.72. 33 For example, a retail business operating in accordance with existing zoning regulations could sell 34 THC Edibles. Additionally, on-sale liquor establishments are expressly allowed under section 35 151.72 to sell THC Edibles for on-site consumption. 36 37 Anderson explained that most cities have pursued a local licensing program or have chosen to let 38 their moratorium expire with no additional action. Council members expressed support for a 39 prohibition of the products to allow more time to learn about the products until the statewide 40 regulatory agency can be established. Mayor Martin asked Public Safety Director Nelson about 41 the potential impacts of each option on emergency management services. Nelson explained they 42 anticipate usage of THC Edibles will impact traffic incidents and medical calls. Nelson shared he 43 is in favor of the prohibition of the products until the state is prepared to regulate all recreational 44 cannabis and hemp products. 45 46 Medina City Council Work Session Minutes August 15, 2023 Overall, the City Council members provided direction to staff to prepare an ordinance 1 prohibiting the sale of THC Edibles in Medina until March 1, 2025. The City Council also 2 requested that staff prepare a letter to the local businesses with liquor and tobacco licenses to 3 educate the businesses that they will not be permitted to sell THC Edibles. 4 5 III. Adjourn 6 Cavanaugh made a motion to adjourn the meeting at 6:58 p.m. on August 15, 2023. Martin 7 seconded the motion. The motion passed unanimously. 8 9 10 11 _________________________ 12 Kathleen Martin, Mayor 13 Attest: 14 15 16 ____________________________ 17 Caitlyn Walker, City Clerk 18 19 Medina City Council Meeting Minutes August 15, 2023 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 15, 2023 3 4 The City Council of Medina, Minnesota met in regular session on August 15, 2023 at 5 7:00 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 August 2, 2023 Regular City Council Meeting Minutes 26 Martin noted that prior to the meeting Johnson circulated revisions that she had 27 proposed for incorporation. 28 29 Moved by Martin, seconded by Cavanaugh, to approve the August 2, 2023 regular City 30 Council meeting minutes as amended. Motion passed unanimously. 31 32 V. COMMENTS (7:01 p.m.) 33 34 A. Comments from Citizens on Items not on the Agenda 35 There were none. 36 37 B. Park Commission 38 Scherer reported that the grandstand project has begun, the pickleball sound study was 39 being completed, and they are working on vegetation control at Hunter Park. He 40 provided an update on Lakeshore Park and the Medina Lake Preserve grant application 41 process. 42 43 Albers noted an email received about emerald ash borer and asked if the City has 44 developed a map for known locations and/or removed trees. 45 46 Scherer replied that the City is working with WSB in an attempt to obtain grant funds for 47 that type of work. 48 49 Medina City Council Meeting Minutes August 15, 2023 2 Martin commented that emerald ash borer has been devastating, noting that they 1 removed 28 trees on her property in the last few days along with injecting additional 2 trees to try to treat them. 3 4 C. Planning Commission 5 Planning Commissioner Popp reported that the Commission met the previous week to 6 discuss the City’s Tree Preservation Ordinance. He stated that there was a lot of 7 discussion and feedback, highlighting some of the topics. He stated that the 8 Commission did not make a formal recommendation. 9 10 Martin commented that she understands that most of the ash trees will go and asked if 11 there is a way to selectively incentivize removal of diseased trees and keep trees that 12 will retain green canopy. 13 14 Popp commented that they did discuss diversification of species and noted that Martin’s 15 suggestion is something to consider. 16 17 Martin asked if there would be a way to mill the wood from the diseased trees for reuse. 18 19 Finke commented that Hennepin County is having that type of discussion and 20 Minnetonka purchased a mill to cut wood and sell it. He stated that Minneapolis is 21 looking at biochar. He agreed that the wood waste is unfortunate and there are ways to 22 reuse outside of chipping. 23 24 VI. NEW BUSINESS 25 26 A. Jaymes Grossman – Variance from Setback from ISTS to Wetland – 3082 27 State Hwy 55 – Public Hearing (7:16 p.m.) 28 Johnson stated that the applicant is requesting a variance from the setback requirement 29 from a wetland for an individual subsurface sewage treatment system for the property at 30 3082 Highway 55. He stated that because of other factors on the property this would be 31 the only option for the septic location. 32 33 Finke stated that the 75-foot setback is an additional standard the City has adopted as 34 the State Code does not have a minimum setback from a wetland, therefore the City has 35 the ability to grant a variance in such situations. He noted that because of limitations on 36 the site this would be the only option for a treatment site. He noted that this site would 37 not even work for a typical system and therefore the applicant would be using a multi-38 flow pretreatment system. He stated that the existing system is noncompliant and 39 therefore this would replace that old system with a compliant system. Staff recommends 40 approval, noting that a public hearing is required. He noted a change to the draft 41 resolution language noting inclusion of the plan date. 42 43 Martin opened the public hearing. 44 45 No comments. 46 47 Martin closed the public hearing. 48 49 50 51 Medina City Council Meeting Minutes August 15, 2023 3 1. Resolution Granting Wetland Setback Variance to Jaymes 1 Grossman for Type IV Sewage Treatment System at 3082 State Hwy 2 55 3 Moved by Cavanaugh, seconded by DesLauriers, to adopt the resolution granting 4 wetland setback variance for Type IV sewage treatment system at 3082 State Highway 5 55 with the noted revision suggested by staff. Motion passed unanimously. 6 7 B. Park Policy and Code Updates (7:20 p.m.) 8 Johnson stated that at the July 5th meeting the Council adopted the Lakeshore Park Plan 9 and directed staff to make these additional revisions. He stated that those revisions are 10 before the Council tonight. 11 12 Albers referenced Section 515 related to tobacco use and asked if cannabis should be 13 added at some time. 14 15 Anderson stated that the Council adopted a prohibition on cannabis at a recent meeting 16 which is stricter than this language and is found in a separate ordinance. 17 18 Martin asked if it would make sense to include cannabis in this location as well. 19 20 Anderson stated that would be redundant and may make it more difficult to update 21 language in the future. 22 23 1. Small Watercraft Storage Rack Use Policy 24 Moved by DesLauriers, seconded by Martin, to adopt the Small Watercraft Storage Rack 25 Use Policy. Motion passed unanimously. 26 27 2. Recreational Field Use Policy 28 Moved by DesLauriers, seconded by Martin, to amend the Recreational Field Use 29 Policy. Motion passed unanimously. 30 31 3. Ordinance Amending Section 515 of the Code of Ordinances 32 Moved by DesLauriers, seconded by Martin, to adopt ordinance amending Section 515 33 of the Code of Ordinances. Motion passed unanimously. 34 35 4. Resolution to Publish Ordinance by Title and Summary 36 Moved by DesLauriers, seconded by Martin, to adopt the resolution to publish ordinance 37 amending Section 515 of the Code of Ordinances by title and summary. Motion passed 38 unanimously. 39 40 VII. CITY ADMINISTRATOR REPORT (7:23 p.m.) 41 Johnson provided an update on the work being completed in the Council Chambers. 42 43 VIII. MAYOR & CITY COUNCIL REPORTS (7:23 p.m.) 44 Albers commented that his son participated in Cops and Bobbers and really enjoyed 45 that. He thanked Nelson for a great event. 46 47 Martin noted that her neighbors participated and had a great time as well. 48 49 IX. APPROVAL TO PAY THE BILLS (7:24 p.m.) 50 Medina City Council Meeting Minutes August 15, 2023 4 Moved by Cavanaugh, seconded by DesLauriers, to approve the bills, EFT 006940E-1 006955E for $65,194.33, order check numbers 054649-054715 for $1,231,713.12, and 2 payroll EFT 0512898-0512932 for $66,784.75. Motion passed unanimously. 3 4 X. ADJOURN 5 Moved by Cavanaugh, seconded by Reid, to adjourn the meeting at 7:25 p.m. Motion 6 passed unanimously. 7 8 9 __________________________________ 10 Kathleen Martin, Mayor 11 Attest: 12 13 ____________________________________ 14 Caitlyn Walker, City Clerk 15 Resolution No. 2023-XX 1 September 5, 2023 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION ACCEPTING DONATIONS FOR THE 2023 COPS AND BOBBERS PROGRAM WHEREAS, The donors listed on Exhibit A (the “Donors”) have generously offered to donate the money and items listed on Exhibit A (the “Donation”) to the City of Medina (the “City”); and WHEREAS, the Donations will be dedicated to pay for the 2023 Cops and Bobbers program; and WHEREAS, the City wishes to accept the Donations and express its gratitude to the Donors for their generosity. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that the City accepts the Donations and thanks the Donors. Dated: September 5, 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: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5B Resolution No. 2023-XX 2 September 5, 2023 Exhibit A Donations NAME DONATION Bay to Bay Boat Club 2 Pontoons Cabin Fever Life Jackets Clam Corp Safety Boat/Volunteers Garrett Larson State Farm Agency $200 Koch's Korner Fishing Bait Loretto Lions $2,000 Northwest Area Jaycees $500 OAK Eatery Lunches Scheels Fishing Rods Resolution 2023-XX September 5, 2023 Member ____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-___ RESOLUTION AUTHORIZING LICENSEE TO DISPENSE LIQUOR AT HAMEL LEGION PARK DURING MEDINA CELEBRATION DAY WHEREAS, Minnesota Statutes, section 340A.404, subd. 4(b) provides that the governing body of a municipality may authorize the holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality; and WHEREAS, Medina Celebration Day is an annual event held this year on Saturday, September 16, 2023 at Hamel Legion Park, 3200 Mill Street, Medina, MN; and WHEREAS, Medina Celebration Day has the objective of promoting a spirit of pride, a sense of community, and an atmosphere of celebration for Medina residents; and WHEREAS, Medina Recreations, Inc., doing business as Medina Entertainment Center (the “Licensee”), located at 500 T.H. 55, Medina, Minnesota, currently holds a retail on-sale intoxicating liquor license issued by the city; and WHEREAS, Licensee desires to provide liquor sales during Medina Celebration Day and intends to adhere to all state and local laws related to such sales; and WHEREAS, the city of Medina will specify a designated area in Hamel Legion Park in which intoxicating liquor may be dispensed by Licensee and consumed by patrons of Medina Celebration Day. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina that Licensee is authorized to sell intoxicating liquor during Medina Celebration Day on September 16, 2023 at Hamel Legion Park, 3200 Mill Street, Medina, MN, subject to the following conditions: (i) Licensee provides proof of liability insurance, as prescribed by Minnesota Statutes, section 340A.409, to cover the event; and (ii) Licensee shall sign an agreement in substantially the form set forth in Exhibit A of this resolution to indemnify and hold the city harmless for Licensee’s conduct related to alcohol sales authorized herein. Dated: September 5, 2023 ______________________________ Kathleen Martin, Mayor Agenda Item #5C Resolution 2023-XX September 5, 2023 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 2023-XX September 5, 2023 EXHIBIT A INDEMNIFICATION AGREEMENT This AGREEMENT (“Agreement”) is made this 5th day of September, 2023, by and between the city of Medina, a Minnesota municipal corporation (the “City”), and Medina Recreations, Inc., doing business as Medina Entertainment Center , a M inne sot a co rpor ation (the “Licensee”). RECITALS WHEREAS, Licensee is the holder of an on-sale intoxicating liquor license in the City; and WHEREAS, Licensee has requested that the City allow it to dispense intoxicating liquor off premises during Medina Celebration Day, an annual event to be held this year on Saturday, September 16, 2023 at Hamel Legion Park, 3200 Mill Street, Medina, MN (the “Event”); and WHEREAS, Minnesota Statutes, section 340A.404, subdivision 4(b) allows a city council to authorize the holder of a retail on-sale intoxicating liquor license issued by the city to dispense intoxicating liquor at a community festival held within the city; and WHEREAS, pursuant to the above-referenced statute, the City has agreed to authorize Licensee to sell intoxicating liquor during the Event, subject to Licensee providing insurance and assuming liability for its activities associated with the Event, and complying with the specific rules applicable to the respective public facility; and NOW, THEREFORE, in consideration of the City’s actions described above, the parties agree as follows: AGREEMENT 1. Licensee agrees to follow all ordinances, rules, and regulations of the City and the State of Minnesota regarding its use of the identified City facility and its sale of intoxicating liquor at the Event. 2. Licensee shall ensure that all intoxicating liquor that it dispenses is dispensed and consumed within the designated area at the Event. 3. Prior to the Event, Licensee shall provide City staff, for its review and approval, a certificate of insurance evidencing that it has liquor liability insurance for the Event. This insurance shall comply with the requirements of state liquor laws. The City shall be named as an additional insured with respect to these policies. 4. In addition to the required insurance coverage, Licensee shall defend, indemnify and Resolution 2023-XX September 5, 2023 hold harmless the City, its officials, employees, contractors and agents from and against any and all claims, damages, losses, or expenses, including attorneys’ fees, which the City may suffer or for which the City may be held liable with respect to the activities authorized by the City pursuant to this Agreement and the dispensing of intoxicating liquor by Licensee during the Event. 5. The Recitals set forth above are incorporated into this Agreement as if fully set forth herein. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MEDINA By: Name: Kathleen Martin Its: Mayor By: Name: Scott T. Johnson Its: City Administrator LICENSEE By: Name: Its: Service Addendum to the Master Services Agreement This ADDENDUM (“Addendum”) is made to the Master Service Agreement (“Agreement”) between AND 1.Term of Addendum: This Addendum will begin on the 1st day of the month of December 2023 and continue for 12 consecutive months ending on November 30, 2024, unless terminated earlier as provided herein. 2.Services Provided (see attached document for plan description) •Network Support with Enhanced Security Bundle 3.Monthly Fees: 4.Support Scope: 5.Specific Notes: Client is enrolling into the following Enhanced Security products: ThnAir Managed Security Awareness Program & Dark Web Monitoring, ThnAir Managed AI Email Scanning Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents, understand them, and agree to be bound by their terms and conditions. For Client: Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ SBINC: Solution Builders, Inc. Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ CLIENT City of Medina 2052 County Road 24 Hamel, Mn 55340 SBINC Solution Builders, Inc. 3500 American Blvd W, Suite 50 Bloomington, MN 55431 (Main) 952.854.8188 (Fax) 952.854.0864 Server Count Workstation Count Staff Count (Annual High) 1 57 30 SBInc Plan Monthly Amount Annual Amount Network Support with Enhanced Security Bundle (See Specific Notes)$3,585.00 $43,020.00 Service Addendum to the Master Services Agreement This ADDENDUM (“Addendum”) is made to the Master Service Agreement (“Agreement”) between AND 1.Term of Addendum: This Addendum will begin on the 1st day of the month of December 2023 and continue for 12 consecutive months ending on November 30, 2024, unless terminated earlier as provided herein. 2.Services Provided (see attached document for plan description) •Managed Disaster Recovery Service (server backup) •Spanning for O365 Backups 3.Monthly Fees: 4.Support Scope: 5.Agents that require an additional physical storage server will be charged at the First Agent rate. 6.Setup Fee: $75.00 one-time setup fee per server or agent. 7.Additional Image Retention Time (extends from 12 to 24 months): $20.00 per month (pooled). If client would like this additional retention period, please initial here ____________. Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents, understand them, and agree to be bound by their terms and conditions. For Client: Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ SBINC: Solution Builders, Inc. Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ CLIENT City of Medina 2052 County Road 24 Hamel, Mn 55340 SBINC Solution Builders, Inc. 3500 American Blvd W, Suite 50 Bloomington, MN 55431 (Main) 952.854.8188 (Fax) 952.854.0864 Initial Agent Count Initial Storage Space Per 2TB Per Month Additional First Agent Additional Agents* 1 2 TB $100.00 $160.00 / mo $60.00 / mo SBInc Plan Monthly Amount Annual Amount Managed Disaster Recovery Service $160.00 $1,920.00 Spanning for O365 Backups $141.00 (varies based on number of mailboxes backed up $1,692.00 Microsoft Cloud Services Addendum to the MSA This ADDENDUM (“Addendum”) is made to the Master Service Agreement (“Agreement”) between AND 1.Services Provided: Microsoft Cloud Services are licenses for cloud-based services and SaaS applications provided and / or hosted by Microsoft. Solution Builders, Inc., as the Microsoft Cloud Services Partner, is a reseller for Microsoft Cloud Services which include, (but are not limited to), applications such as Exchange Online, Microsoft Teams, Azure Cloud Services, and Office 365. By utilizing these services Client agrees to the terms in the Microsoft Cloud Services Agreements located on Microsoft’s website (as amended) and are included in this Addendum by reference. 2.Partner of Record: Client agrees that SBINC shall be the “Partner of Record” in the Client’s Microsoft Service Portal(s). 3.Cancellation of Service: Client acknowledges that each Microsoft Online Service subscription agreement will have individual term commitments. Client is responsible for all license fees for Microsoft services for the entire term of all Microsoft License Agreements. If Client wishes to terminate any or all Microsoft cloud services prior to the end of the term of any, and / or all Microsoft License Agreements, Client will be responsible for all Microsoft License Fees through the remainder of any License Agreement Term. 4.Monthly Fees: Various based on subscription type. 5.Support Scope: Support is not included in this Microsoft Cloud Services Addendum. Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents, understand them, and agree to be bound by their terms and conditions. For Client: Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ SBINC: Solution Builders, Inc. Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ CLIENT City of Medina 2052 County Road 24 Hamel, Mn 55340 SBINC Solution Builders, Inc. 3500 American Blvd W, Suite 50 Bloomington, MN 55431 (Main) 952.854.8188 (Fax) 952.854.0864 Network Support with Enhanced Security Support Services Provided ✓Selected Enhanced Security Products to be managed by Solution Builders. ✓10% Discount for project labor ✓$250 Workstation installation fee Support Services Not Included ✓Projects ✓Installation Labor ✓Onsite After-Hours Emergency Support for Non-Critical Systems ✓Any costs for Hardware, Software, Licensing Compliance Audits, or Infrastructure purchases or replacements ✓Major Operating System/Software/Firmware Upgrades ✓Non-Coordinated Client or Third Party System Modifications ✓Non-Business Related Data and Applications ✓Custom Programming Services ✓Microsoft Licensing Verification Audits ✓Third Party Support Fees Client Initials ___________ Client Initials ___________ STRATEGY INFRASTRUSCTURE INFRASTRUSCTURE & SUPPORT SUPPORT Technology Consulting Proactive Technology Management Network Administration Reactive Support Services Dedicated Client Manager Centralized Services Dedicated Network Administrator Client Support Team ✓Technology Summary ✓Design Desk Resource ✓Budget Planning ✓Business Impact of Technology Decisions ✓Project Management ✓Patch Management ✓Anti-Virus Software ✓Spam Filtering Software ✓Desktop Optimization ✓Documentation ✓Backup Management ✓*Security Awareness Training & Dark Web Monitoring ✓*Proactive AI Email Scanning ✓Network Health Reviews based on Best Practices ✓Centralized Service Report Review ✓Support Desk Support ✓Onsite Support ✓Remote After-Hours Emergency Support ✓Onsite After-Hours Emergency Support for Critical Systems ✓Problem Isolation & Resolution ✓Tier1 LOB Application Support ✓“How To” Questions ✓Client Portal ✓Remote Support Framework Managed Disaster Recovery Service Support Services Provided ✓On-site storage system appropriate for the client environment ✓2TB of secure and encrypted remote storage (pooled)* ✓1 Year of Backup Image Retention ✓Daily backup completion monitoring ✓Full system recovery service ✓Virtual machine operation in case of disaster ✓Client-initiated annual disaster recovery plan review ✓Client-initiated annual disaster recovery testing Support Services Not Included ✓Additional remote storage or retention time as business needs grow ✓Replacement hardware procurement and deployment (if required for disaster recovery) System Requirements ✓Microsoft Windows Servers or Workstations (2008 and up) ✓4MB Upload Internet speeds or above * Disk space calculation is based on the raw, uncompressed data on the source disk volume. Client Initials ___________ Client Initials ___________ Enhanced Security Services Security Awareness Training & Dark Web Monitoring ✓It has engaging content – short animated videos and online quizzes ensure that training reaches every employee ✓User-Friendly personalized training portal makes security training painless and convenient for employees ✓New training assets – fresh phishing videos released regularly to reflect current threats ✓Monitors the domain website for company’s user credentials on the dark web. ✓Provides comprehensive validated data from Dark Web markets and finds exposed credentials fast ✓Easy to integrate into ticketing and PSA platforms for alerting Proactive AI Email Scanning ✓Email defense platform that warns the user if something is wrong with an email they receive ✓Utilizes machine learning to scan emails and provide intelligent insight into what could possibly be malicious communication, phishing, spear phishing and whaling attacks ✓Built-in forensic investigation platform that makes client investigations much more thorough Client Initials ___________ Client Initials ___________ Managed Disaster Recovery Service This Managed Disaster Recovery Service Addendum (“Service Addendum”) sets forth the specific terms and conditions under which Solution Builders, Inc. (“SBINC”) shall supply certain Services (the "Service") to Client (“Client”). The Master Service Agreement entered into between SBINC and Client fully incorporates the terms herein and provides that this Service Addendum, and Client’s execution of the Master Services Agreement constitutes acceptance of the terms and conditions stated herein. Capitalized terms used but not defined herein shall have the meanings set forth in the Master Service Agreement. By accepting or using the Service, Client acknowledges that they do not own the hardware and licenses but that under the terms of this Service Addendum, in consideration of the fees paid by Client to SBINC, they ma y use the Service. 1.Acceptable Use: Client agrees not to use the Service in any application that may involve risks of death, personal injury, severe property damage or environmental damage, or life support applications, devices or systems. Client will not use the Service for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party. 2.Service Level Provisions: If the Service fails to perform as promised in this Service Addendum, Client’s sole and exclusive remedy shall be the return of fees paid for use of the Service during the past 12 months for which the Service failed to perform as promised. Notwithstanding the foregoing, if any failure of the Service has resulted from abuse, misapplication, or unauthorized use, the limited warranty provided by this Service Addendum is and shall be void. If the forgoing remedy is exercised and a refund of fees has been issued, Client will, in this event, have the option to terminate this agreement by providing 30 day written notice of termination to SBINC. To the maximum extent permitted by applicable law, client acknowledge that SBINC’s obligations and liabilities with respect to the Service are as defined in this Service Addendum. Client agrees that the express obligations and warranties made by SBINC in this Service Addendum are in lieu of and to the exclusion of any warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to anything supplied or services provided under or in connection with this Service Addendum including (without limitation) as to the condition, quality, performance, or fitness for the purpose of the Service or any part of it. Client is responsible for the consequences of any use of the Service. SBINC will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, theft of data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if SBINC has been advised of their possibility. SBINC accepts liability to the extent it results from the negligence of SBINC and its employees. Client’s exclusive remedy shall be the return of fees paid for the Service during the past 12 months for which the Service failed to perform as promised as a result of SBINC’s negligence. In all other cases not falling within those previously stated herein SBINC’s total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Service Addendum or based on any claim for indemnity or contribution will not exceed the fees paid for use of the Service during the past 12 months for which the Service did not perform as required. Client agrees that, except as expressly provided in this Service Addendum, client shall indemnify and hold SBINC, its affiliate companies, and its stock holders harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that you may sustain or incur by reason of any breach or alleged breach of any term or condition of this Service Addendum (including reasonable attorney’s fees) and for any act or omission of Client or its clients which are in any way related to the SBINC Service. SBINC will not incur any liability of any kind whatsoever and however caused arising directly or indirectly in connection with this Service except in so far as SBINC is liable as expressly provided in this Service Addendum. Client acknowledges and agrees that the allocation of risk contained in this agreement is reflected in the price paid for the Service. 3.Termination: If Client terminates this Service Addendum with SBINC prior to the expiration of this Service Addendum, other than by reason of any breach of this Service Addendum on the part of SBINC, Client will be liable to make a one-time payment covering monthly fees for the remainder of the months remaining under the Service Addendum calculated by multiplying the months remaining on the Service Addendum by the agreed to monthly fee. At the end of the Service Addendum Period, the Service Addendum will automatically renew for an equal period at the then current published rates, unless otherwise agreed to by both parties in writing at least 30 days prior to the end of this Service Addendum period. Client understands and accepts that SBINC cannot infer cancellation of Client’s account simply as a result of backups not occurring and that, until written notification of Client’s wish to cancel the account is received, the account remains active and billable. SBINC will remove and destroy all of Client’s data backed up during the use of the service 30 days after the termination date of this agreement. Client Initials ___________ Client Initials ___________ Virtual Onsite (HaaS) and ThnAir Products This Virtual Onsite (HaaS) and ThnAir Products Service Addendum (“Service Addendum”) sets forth the specific terms and conditions under which Solution Builders, Inc. (“SBINC”) shall supply certain Services (the "Service") to Client (“Client”). The Master Servic e Agreement entered into between SBINC and Client fully incorporates the terms herein and provides that this Service Addendum, and Client’s execution of the Master Services Agreement constitutes acceptance of the terms and conditions stated herein. Capitalized terms used but not defined herein shall have the meanings set forth in the Master Service Agreement. By accepting or using the Service, you acknowledge that you do not own the hardware and licenses but that under the terms of this Service Addendum, in consideration of the fees paid by Client to SBINC, you may use the Service. 1.Acceptable Use: Client agrees not to use the Service in any application that may involve risks of death, personal injury, severe property damage or environmental damage, or life support applications, devices or systems. Client will not use the Service for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party. 2.Service Level Provisions: If the Service fails to perform as promised in this Service Addendum, Client’s sole and exclusive remedy shall be the return of fees paid for use of the Service during the past 12 months for which the Service failed to perform as promised. Notwithstanding the foregoing, if any failure of the Service has resulted from abuse, misapplication, or unauthorized use, the limited warranty provided by this Service Addendum is and shall be void. If the forgoing remedy is exercised and a refund of fees has been issued, Client will, in this event, have the option to terminate this Addendum by providing 30 day written notice of termination to SBINC. To the maximum extent permitted by applicable law Client acknowledges that SBINC’s obligations and liabilities with respect to the Service are as defined in this Service Addendum. Client agrees that the express obligations and warranties made by SBINC in this Service Addendum are in lieu of and to the exclusion of any warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to anything supplied or services provided under or in connection with this Service Addendum including (without limitation) as to the condition, quality, performance, or fitness for the purpose of the Service or any part of it. Client is responsible for the consequences of any use of the Service. SBINC will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, theft of data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if SBINC has been advised of their possibility. SBINC accepts liability to the extent it results from the negligence of SBINC and its employees. Client’s exclusive remedy shall be the return of fees paid for the Service during the past 12 months for which the Service failed to perform as promised as a result of SBINC’s negligence. In all other cases not falling within those previously stated herein SBINC’s total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Service Addendum or based on any claim for indemnity or contribution will not exceed the fees paid during the past 12 months of the period for which the Service did not perform as required. Client agrees that, except as expressly provided in this Service Addendum, Client shall indemnify and hold SBINC, its affiliate companies, and its stock holders harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that you may sustain or incur by reason of any breach or alleged breach of any term or condition of this Service Addendum (including reasonable attorney’s fees) and for any act or omission of Client or its clients which are in any way related to the SBINC Service. SBINC will not incur any liability of any kind whatsoever and however caused arising directly or indirectly in connection with this Service except in so far as SBINC is liable as expressly provided in this Service Agreement. Client acknowledges and agrees that the allocation of risk contained in this agreement is reflected in the price paid for the Service. 3.Termination: If Client terminates this Service Addendum with SBINC prior to the expiration of this Service Addendum, other than by reason of any breach of this Service Addendum on the part of SBINC, Client will be liable to make a one-time payment covering monthly fees for the remainder of the months remaining under the Service Addendum calculated by multiplying the months remaining on the Service Addendum by the agreed to monthly fee. At the end of the Service Addendum Period, the Service Addendum will automatically renew for an equal period at the then current published rates, unless otherwise agreed to by both parties in writing at least 30 days prior to the end of this Service Addendum Period. Client understands and accepts that SBINC cannot infer cancellation of the account simply by non-use and, until written notification of Client’s wish to cancel the account is received, the account remains active and billable. Hardware deployed during the term of the Service Addendum must be returned to SBINC within 30 days upon termination of the agreement. Client Initials ___________ Client Initials ___________ Relationship Summary . No signature is required for this page – it is a summary only Subscription Plan Est. Monthly Amount ThnAir Managed Disaster Recovery Service $160.00 ThnAir Managed Cloud Backups for Office 365 $141.00 ThnAir Managed Security Awareness Program & Dark Web Monitoring Included ThnAir Managed AI Email Scanning Included SBInc Plan (Addendum)Monthly Amount Network Support with Enhanced Network Security $3,415.00 1 MEMORANDUM of AGREEMENT MINNEHAHA CREEK WATERSHED DISTRICT and the CITY of MEDINA MORNINGSIDE RAVINE STABILIZATION PROJECT This Memorandum of Agreement (“Agreement”) is entered into by and between the Minnehaha Creek Watershed District, a special purpose unit of local government under Minnesota Statutes Chapters 103B and 103D (MCWD), and the City of Medina, a statutory city of the State of Minnesota ("City") (together, the “Parties”). Recitals A.The MCWD's 2017 Watershed Management Plan outlines the MCWD's intention to respond to opportunities created through land use change and includes in its capital improvement program opportunity-based projects to reduce stormwater volume and nutrient loads to impaired waters. B.At the request of the City, the MCWD applied to the Minnesota Board of Water and Soil Resources (BWSR) for a Clean Water Fund/Watershed Based Implementation Funding (CWF/WBIF) grant to provide partial funding for a City project involving the stabilization of a ravine and construction of a stormwater pond in the Morningside neighborhood (the “Project”). The Project will provide water quality benefit for Lake Katrina, which flows into Painter Creek and Jennings Bay, a waterbody presently designated as “impaired” due to excessive phosphorus levels. The City's engineering assessment indicates that the Project will reduce total phosphorus (TP) load by about 30 pounds per year. C.The MCWD agrees to serve as grantee to facilitate the City’s access to the grant funds and on the condition that the City will be responsible to the MCWD for all grant requirements other than basic administrative and reporting obligations. D. The MCWD has been awarded a CWF/WBIF grant, identified as Grant C23-9999, in the total amount of $418,140, of which $243,200 is allocated to the Project. As grantee, the MCWD is the grant agreement signatory and assumes obligations to BWSR under that agreement. Terms GRANT AGREEMENT COMPLIANCE 1. Attachment A to this Agreement, and incorporated herein, is the Project grant agreement including the grant work plan (together, “Grant Agreement”). 2. The MCWD will assume obligations to BWSR as set forth in the Grant Agreement. The City recognizes that as the party benefitting from the grant funds, it is responsible to facilitate the MCWD’s compliance with all Grant Agreement obligations. 3. The City will design, construct, maintain, and bear all non-grant funded costs of the Project. Each party will bear its own internal and administrative costs for any task it performs under this Agreement. 4. The City will conform to the Grant Agreement as to those obligations within its control. The City will cooperate in a timely way with the MCWD with respect to any City communications, documentation or other support that the MCWD requires in order to meet its obligations as grantee. Specifically, but not exclusively, the City will do the following in accordance with the Grant Agreement: Agenda Item #5E 2 a. Design, construct, and maintain the Project in accordance with the Grant Agreement and any applicable deadlines therein. The City will obtain access rights to all elements of the Project to which access is required for maintenance. b. Provide all matching funds. c. Comply with all contracting and bidding requirements, including prevailing wage requirements. d. Maintain and retain all books, records, documents and accounting procedures and practices for the period specified, make available for inspection, and perform required audits. e. Conform to publicity and intellectual property requirements. 5. The Parties will communicate promptly with each other to facilitate timely compliance with Grant Agreement requirements. The MCWD will promptly disburse grant funds to the City on recognition of receipt from BWSR in the MCWD’s depositary account. 6. The following terms apply and reflect the MCWD’s limited role as formal grantee: a. The Parties will cooperate to ensure that: (i) the terms of the Grant Agreement are met; and (ii) the administrative costs and resource burdens incurred by the MCWD as grantee are minimized. b. As between the City and the MCWD, the City will fully bear: (i) Project cost increases; (ii) the risk that, for any reason, BWSR does not provide the full grant amount; and (iii) the obligation to return or repay any grant amount, as any of these may arise under the Grant Agreement. c. The City will hold the MCWD harmless with respect to any claim, proceeding, cost, liability or damage the City incurs arising out of the Grant Agreement or the MCWD’s role as grantee thereunder. The City will indemnify the MCWD with respect to any claim, proceeding, cost, damage or MCWD liability (including reasonable attorney fees) arising out of the Grant Agreement or the MCWD’s role as grantee thereunder, including but not limited to any MCWD cost or liability arising out of its obligation to defend, hold harmless and indemnify the State, its agents and employees. d. Notwithstanding subsection 6.c, the City’s obligations to hold the MCWD harmless and indemnify it do not apply to that portion of any loss, cost or damages resulting from the MCWD’s negligent or willful act with regard to its obligations regarding its management or disbursement of grant funds. e. In any proceeding arising under the Grant Agreement, the Parties will cooperate to substitute or add the City as party in interest, both to minimize MCWD cost and to allow the City to fully protect its interests. f. Notwithstanding any other term of this Agreement, nothing herein creates a right in any third party or waives an immunity, defense or liability limit of a party hereto with respect to any third party. As between the Parties, only contractual remedies are available for a party’s failure to fulfill the terms of this Agreement. g. This Agreement is not a joint powers agreement under Minnesota Statutes §471.59 and nothing herein constitutes either party’s agreement to be responsible for the acts or omissions of the other party pursuant to subdivision 1a(a) of that statute. PROJECT DESIGN 7. The City will retain a professional engineer to perform remaining feasibility work as it considers warranted, and to design the Project. 3 8. On completion of the 90 percent design, the City’s retained engineer will state, in writing, the design’s expected annual removal of TP from within the Painter Creek-Jennings Bay subwatershed. a. The City must obtain MCWD approval of a design that the engineer finds is likely to result in a performance materially below 30 pounds of TP removal annually. The MCWD will review any such request promptly and will not withhold consent unless it finds that performance may be below that figure, in which case either party may request consultation with BWSR to affirm that the Project continues to conform to the Grant Agreement. b. If the City cannot present a design that BWSR finds acceptable under the Grant Agreement, as it may be amended, the MCWD may terminate this Agreement and allocate the funds hereunder for other purposes under the Grant Agreement. In this event, the MCWD and the City will cooperate to apply grant funds to Project costs incurred by the City, to the extent that BWSR allows. 9. The City, through its retained engineer, will prepare the Project design and obtain applicable permits, including a MCWD permit as required. At the City’s request, the MCWD will consult with the City during design preparation. The MCWD will efficiently review and act on a permit application submitted by the City under its applicable rules and will not charge a permit fee. The City will provide the 90 percent design and a Project maintenance plan to the MCWD for review and concurrence. MCWD concurrence is for its own purposes as the grantee and does not constitute a professional representation as to the design. The MCWD will review the design promptly and will not unreasonably withhold concurrence. 10. The City will, at its cost, acquire any easement or other land rights needed to construct and maintain the Project. CONSTRUCTION 11. The City will prepare solicitation documents, procure a contractor and construct the Project in accordance with the design in which the MCWD has concurred, and with all applicable laws and requirements. 12. The City will give the MCWD written notice of substantial completion and when vegetation has been reestablished after site restoration. The MCWD may inspect the Project at all reasonable times. MAINTENANCE 13. The City, at its cost, will operate and maintain the Project in accordance with the maintenance plan and the Grant Agreement, and for the duration the Grant Agreement requires. PROJECT USE FOR REGULATORY COMPLIANCE 14. As between the MCWD and the City, the City may use all TP load reduction credit from the Project toward Total Maximum Daily Load requirements. GENERAL TERMS 15. The City will defend MCWD, its board members, employees and agents, indemnify them, and hold them harmless, from any and all actions, costs, damages and liabilities of any nature arising from the Project, except to the extent due to a negligent or willful act or omission of the MCWD, or its board member, employee or agent. Nothing in this Agreement creates a right in any third party or waives an immunity, defense or liability limit of a party hereto with respect to any third party. City remedies for any MCWD failure to conform to this Agreement lie in breach of contract only. Nothing in this 4 Agreement shall constitute a waiver by either party of any limits on or exclusions from liability available to it under Minnesota Statutes, chapter 466 or any other law. 16. The parties will comply with all applicable laws and regulations in performing their obligations under this Agreement. The Agreement will be construed and enforced according to the laws of Minnesota. 17. The following will be used for any communication under this Agreement: City: City of Medina 2052 County Road 24 Medina, MN 55340 ATTN: Dusty Finke dusty.finke@medinamn.gov MCWD: Minnehaha Creek Watershed District 15320 Minnetonka Boulevard Minnetonka, MN 55345 ATTN: Becky Christopher bchristopher@minnehahacreek.org or at such other address of which a party may, from time to time, notify the other party in writing. 18. This Agreement, including Attachment A, constitutes the entire agreement among the parties relating to the subject matter addressed herein. An amendment to this Agreement is valid only when reduced to writing and duly signed by the parties. 19. This Agreement is effective on execution by the Parties and will remain in effect until the Grant Agreement terminates. An obligation of a party under this Agreement that by its nature continues beyond Grant Agreement termination will survive the expiration of this Agreement. CITY OF MEDINA By: _____________________________________ Date: Its Mayor By: _____________________________________ Date: Its City Administrator Approved for form and execution ___________________________ MCWD Counsel MINNEHAHA CREEK WATERSHED DISTRICT By: _____________________________________ Date: Sherry White, President, Board of Managers 5 ATTACHMENT A GRANT AGREEMENT Page 1 of 5 FY 2023 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES WATERSHED-BASED IMPLEMENTATION FUNDING GRANT AGREEMENT Vendor: 0000225729 PO#: 3000015917 This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Minnehaha Creek WD, 15320 Minnetonka Blvd, Minnetonka, MN 55345 (Grantee). Grant ID Grant Title Awarded Amt C23-9999 Minnehaha Creek WD 2023 WBIF $418,140.00 Total Grant Awarded: $418,140.00 Recitals 1. The Laws of Minnesota 2019, 1st Special Session, Chapter 2, Article 2, Section 7(a), and the Laws of Minnesota, 2021, 1st Special Session, Chapter 1, Article 2, Sec. 6(a) appropriated Clean Water Funds (CWF) to the Board for the FY 2022-2023 Watershed-based Implementation Funding Program. 2. The Board adopted the FY 2022-2023 Clean Water Fund Watershed -based Implementation Funding Program Policy and authorized the allocation of funds for the FY 2022-2023 Watershed-based Implementation Funding Program through Board Order #21-51. 3. The Grantee has submitted a Board-approved work plan for this Program which is incorporated into this Grant Agreement by reference. 4. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the satisfaction of the Board. 5. As a condition of the grant, Grantee agrees to minimize administration costs. Authorized Representative The State’s Authorized Representative is James Adkinson, Grants Coordinator, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, 651-539-2588, or his successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee’s Authorized Representative is: TITLE /arTitle/ ADDRESS /arAddress/ CITY /arCity/ TELEPHONE NUMBER /arTele/ If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantees must immediately not ify the Board. Grant Agreement 1. Terms of the Grant Agreement. 1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd. 5. The Board will notify the Grantee when this Grant Agreement has been executed. The Grantee must not begin work under this Grant Agreement until it is executed. 1.2. Expiration date: December 31, 2025 or until all obligations have been satisfactorily fulfilled, whichever comes first. DocuSign Envelope ID: CD71261B-0270-4BC4-9646-98B9E83CDB06 Minnetonka 15320 Minnetonka Blvd 9526414509 James Wisker Page 2 of 5 1.3. Survival of Terms: The following clauses survive the expiration date or cancellation of this Grant Agreement: 7. Liability; 8. State Audits; 9. Government Data Practices; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 17. Intellectual Property Rights. 2. Grantee’s Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd. 4(a)(1). The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their work plan, which is incorporated into this Grant Agreement by reference. 2.2. Reporting: All data and information provided in a Grantee’s report shall be considered public. 2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of Program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. 2.2.2. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2026, or within 30 days of completion of the project, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan. 3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4. Terms of Payment. 4.1. Funds will be distributed in three installments per grant: 1) The first payment of 50% will be distributed after the executio n of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first 50% must be signed by the Grantee and approved by the Board. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the Grantee and approved by the Board. 4.2. All costs must be incurred within the grant period. 4.3. All incurred costs must be paid before the amount of unspent funds is determined. Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.4. The obligation of the State under this Grant Agreement will not exceed the amount listed above. 4.5. This Grant Agreement includes an advance payment of 50 % of each grant’s total amount per grant. Advance payments allow the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5. Conditions of Payment. 5.1. All services provided by the Grantee under this Grant Agreement must be performed to the Board’s satisfaction, as set forth in this Grant Agreement and in the Board-approved work plan for this Program. Compliance will be determined at the sole discretion of the State’s Authorized Representative and in accordance wi th all applicable federal, State, and local laws, policies, ordinances, rules, FY 2022-2023 Clean Water Fund Watershed-based Implementation Funding Program Policy, and regulations. The Grantee will not receive payment for work found by the Board to be unsatisfactory or performed in violation of federal, State, or local law. 5.2. Minnesota Statutes § 103C.401 (2018) establishes the Board’s obligation to assure program compliance. If the noncompliance is severe, or if work under the Grant Agreement is found by the Board to be unsatisfactory or performed in violation of federal, State, or local law, the Board has the authority to require the repayment of grant funds or withhold payment on grants from other programs. 6. Assignment, Amendments, and Waiver. 6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the Board and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office. DocuSign Envelope ID: CD71261B-0270-4BC4-9646-98B9E83CDB06 Page 3 of 5 6.2. Amendments. Any amendments to this Grant Agreement must be in writing and will not b e effective until approved and executed by the same parties who approved and executed the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments thereto . 6.3. Waiver. If the Board fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 7. Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from a ny claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grante e may have for the State’s failure to fulfill its obligations under this Grant Agreement. 8. State Audits. Under Minn. Stat. § 16B.98, Subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receip t and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant, may be examined at any time by the Board or Board’s designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Grant Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10. Workers’ Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 11. Publicity and Endorsement. 11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the Program, publications, or services provided resulting from this Grant Agreement. 11.2. Endorsement. The Grantee must not claim that the State endorses its products or services 12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Grant Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination. 13.1. The Board may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written noti ce to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 13.3. The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with the provisions of this Grant Agreement, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The Board may take action to protect the interests of the State of DocuSign Envelope ID: CD71261B-0270-4BC4-9646-98B9E83CDB06 Page 4 of 5 Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 15. Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat . §§ 177.41 through 177.44. All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing w age. 16. Municipal Contracting Law. Per Minn. Stat. § 471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in the Grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. 17. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean Water Funds to supplement traditional sources of funding. 18. Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010, Chapter 361, Article 3, Section 5(b) for Clean Water Fund projects. 19. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade s ecrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries, (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originat ed by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Work includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible fo r copyright protection under the United State Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the S tate, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Minnehaha Creek WD Board of Water and Soil Resources /sn1name/ /sn2name/ By: _______________________________________ By: ____________________________________________ DocuSign Envelope ID: CD71261B-0270-4BC4-9646-98B9E83CDB06 James Wisker Marcey Westrick Page 5 of 5 /sn1/ /sn2/ _______________________________________ ____________________________________________ (signature) (signature) /sn1title/ /sn2title/ Title: _______________________________________ Title: ____________________________________________ /dateSigned1/ /dateSigned2/ Date: _______________________________________ Date: ____________________________________________ DocuSign Envelope ID: CD71261B-0270-4BC4-9646-98B9E83CDB06 Administrator 6/12/2023 6/13/2023 Central Region Manager Grant Work Plan Watershed Based Implementation MAR 2023 Grant Title: Minnehaha Creek WD 2023 WBIF Grant Award ($): $418,140.00 Grant Execution Date: 06/13/2023 Grant ID: C23-9999 Required Match (%): 10 Grant End Date: 12/31/2025 Grantee: Minnehaha Creek WD Required Match ($): $41,814.00 Fiscal Agent: Minnehaha Creek WD Grant Day-to-Day Contact: Becky Christopher Total Budgeted Total Spent Balance Remaining* Grant Funds $418,140.00 $0.00 $418,140.00 Match Funds $100,000.00 $0.00 $100,000.00 Other Funds $0.00 $0.00 $0.00 Total $518,140.00 $0.00 $518,140.00 *Grant balance remaining is the difference between the Awarded Amount and the Spent Amount. Other values compare budgeted and spent amounts. Budget Details Activity Name Category Source Type Source Description Budgeted Spent Balance Remaining Match Fund? Morningside Ravine Stabilization Streambank or Shoreline Protection Current State Grant Minnehaha Creek WD 2023 WBIF $96,000.00 $96,000.00 N Morningside Project Design Technical/Engineering Assistance Current State Grant Minnehaha Creek WD 2023 WBIF $79,200.00 $79,200.00 N Technical/Engineering Holbrook feasibility Current State Grant Minnehaha Creek WD 2023 WBIF $174,940.00 $174,940.00 N Report created on: 08/02/2023 Generated by iTEXT (https://itextpdf.com/).1 Activity Name Category Source Type Source Description Budgeted Spent Balance Remaining Match Fund? Assistance Morningside Pond Urban Stormwater Management Practices Local Fund City funds $100,000.00 $100,000.00 Y Morningside Pond Urban Stormwater Management Practices Current State Grant Minnehaha Creek WD 2023 WBIF $68,000.00 $68,000.00 N Indicator Summary Indicator Category Proposed Indicator Total Value Unit Water Pollution (Reduction Estimates) Phosphorus (Est. Reduction)30.3 Lbs/Yr Indicator Category Final Indicator Total Value Unit Water Pollution (Reduction Estimates) Phosphorus (Est. Reduction)22.4 Lbs/Yr Water Pollution (Reduction Estimates) Phosphorus (Est. Reduction)7.9 Lbs/Yr Grant Activities Activity Name: Holbrook feasibility Activity Category: Technical/Engineering Assistance Staff time?: No Description: Completion of feasibility study and concept plan. Milestone - Years 1 & 2: complete feasibility study Budget Details Source Type Source Description Budgeted Spent Balance Remaining Last Transaction Date Match Fund? Current State Grant Minnehaha Creek WD 2023 WBIF $174,940.00 $174,940.00 N Report created on: 08/02/2023 Generated by iTEXT (https://itextpdf.com/).2 Activity Name: Morningside Pond Activity Category: Urban Stormwater Management Practices Staff time?: No Description: 0.4 acre stormwater pond Milestone: Proposed construction in year two of grant Budget Details Source Type Source Description Budgeted Spent Balance Remaining Last Transaction Date Match Fund? Local Fund City funds $100,000.00 $100,000.00 Y Current State Grant Minnehaha Creek WD 2023 WBIF $68,000.00 $68,000.00 N Final Indicators Indicator Total Value Unit Phosphorus (Est. Reduction)7.9 Lbs/Yr Activity Action Name:Morningside Pond Activity Count: 1 Practice Type:350 - Sediment Basin Size/Units: TA Provider/JAA:Lifespan: 30 Years Practice Description:Sediment basin Install Date: Mapped: No Indicator Name Units Value Calculation Tool Waterbody Phosphorus (Est. Reduction) Lbs/Yr 7.9 MIDS Lake Katrina Report created on: 08/02/2023 Generated by iTEXT (https://itextpdf.com/).3 Activity Name: Morningside Project Design Activity Category: Technical/Engineering Assistance Staff time?: No Description: Project design Milestone: design should be completed in year one of grant Budget Details Source Type Source Description Budgeted Spent Balance Remaining Last Transaction Date Match Fund? Current State Grant Minnehaha Creek WD 2023 WBIF $79,200.00 $79,200.00 N Activity Name: Morningside Ravine Stabilization Activity Category: Streambank or Shoreline Protection Staff time?: No Description: Stabilization of 400' ravine Milestone: Proposed construction during year two of grant Budget Details Source Type Source Description Budgeted Spent Balance Remaining Last Transaction Date Match Fund? Current State Grant Minnehaha Creek WD 2023 WBIF $96,000.00 $96,000.00 N Final Indicators Indicator Total Value Unit Phosphorus (Est. Reduction)22.4 Lbs/Yr Report created on: 08/02/2023 Generated by iTEXT (https://itextpdf.com/).4 Activity Action Name:Ravine stabilization Activity Count: 1 Practice Type:584 - Stream Channel Stabilization Size/Units: TA Provider/JAA:Lifespan: 30 Years Practice Description:Stabilization of 400' ravine Install Date: Mapped: No Indicator Name Units Value Calculation Tool Waterbody Phosphorus (Est. Reduction) Lbs/Yr 22.4 Bwsr Calc (Stream & Ditch Stabilization)Lake Katrina Report created on: 08/02/2023 Generated by iTEXT (https://itextpdf.com/).5 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: August 22, 2023 MEETING: September 5, 2023 SUBJECT: Trail Sealcoating Service Agreement Summary The City of Medina has a long history of contracting with Gopher State Sealcoat Inc. for trail sealcoating services; we are happy with their timely responses and quality work. Staff Recommendation Extend the Trail Sealcoating Service Agreement to Gopher State Sealcoat Inc., at a rate of $1.75 / square yard for Asphalt Emulsion Sealcoat. Attachments • Trail Sealcoating Service Agreement • Exhibit A MEMORANDUM Agenda Item #5F 1 TRAIL SEALCOATING SERVICES AGREEMENT This Agreement is made this 5th day of September 2023, by and between Gopher State Sealcoat, Inc., 12519 Rhode Island Avenue South, Savage, Minnesota, 55378, 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 seal coating services; and 2. The City has approved the contract for seal coating 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 trail sealcoating services for the City. “Trail Sealcoating Services” will consist of power cleaning and priming bad oil spots on the asphalt surface of trails, as well as furnishing and installing Asphalt Emulsion Sealcoat, 1 coat squeegee or hand applied, apply GSS custom-blended sealer fortified with 2 – 4 pounds of sand per gallon, at a rate of 0.18 to 0.25 gallons per square yard, according to the specifications listed on the attached Exhibit A. 2.0. TERM. The term and prices of this contract shall remain in effect from September 2023 until November 2023, or until such later date as may be mutually agreed upon. 3.0 COMPENSATION. Under the specific direction of the Public Works Director, the Contractor will be compensated for trail sealcoating services, according to the above scope of services and attached Exhibit A, at a rate of $1.75/square yard (4,500 square yards) for Asphalt Emulsion Sealcoat. The price includes one mobilization. Additional mobilizations shall be priced at $800.00 each. Upon completion of the work invoice(s) shall include date of service and quantity in square yards. 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, as well as traffic control, to complete the services under this Agreement. 2 4.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 4.04 The Contractor acknowledges that all OSHA Safety requirements will be in place at all times. 5.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its commercial general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 6.0 WORKER’S COMPENSATION. 6.01 The Contractor will comply with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 6.02 The Contractor will provide its own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 7.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance under this Agreement. 8.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 10.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 11.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 12.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 3 13.0 TERMINATION. Either party may terminate this Agreement at any time, for any reason. If the contract is terminated early, the City will pay a prorated fee for the services performed to date in that calendar year. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _____________________________ Kathleen Martin, Mayor By ______________________________ Caitlyn Walker, City Clerk GOPHER STATE SEALCOAT, INC. (CONTRACTOR) By ______________________________ GOPHER .Jiff.·� 12519 Rhode Island Avenue South Savage, Minnesota 55378 Phone: 952.931.9188 Fax: 952.931.0956 www.GopherStateSealcoat.com Proposal ________ P_ro_p_o_sa_l_S_u_b_m_itt_e_d_T_o _____ ___.l .... 1 _______ ,n.;...s..;.ta-U_at_lo_n_S_i_te ______ _____, Steve Scherer City of Medina 600 Clydesdale Traiil Medina, MN 55340 Account# Quote# 5829 27435 Work# 763-4 73-8842 Description Quote Date 08/21/2023 Fax# 763-4 73-9359 Customer Provided Yardage @ $1. 75 / yd ValidThru 09/20/2023 Mobile# 612-290-2220 Asphalt Emulsion Sealcoat --1 Coat Squeegee or Hand Applied Power clean asphalt surface. Prime bad oil spots as necessary. Steve Scherer City of Medina 600 Clydesdale Traiil Medina, MN 55340 Terms Estimator NET30 Randy Email Address steve.scherer@ci.medina.mn.us Apply GSS custom-blended sealer fortified with 2 - 4 pounds of sand per gallon, at a rate of 0.18 -0.25 gallons per square yard. Please note: vehicles must be cleared, and sprinklers turned off for 24 hours prior to and following project completion. Total Price $7,875.00 NOTE: This price does not include crack sealing. This price includes one mobilization. Additional mobilizations priced $0.00 at $800/each. Quote Total $7,875.00 We propose to furnish material and labor, complete in accordance with the above specifications, for the sum and terms outlined above. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices Any alteration or deviation from specifications involving extra costs will be executed upon written order$ and will become an extra charge over and above the estimate All agreements are contingent upon strikes, accidents or delays beyond our control Property owner is responsible for all permits and fees. --Z-1-ZJ Date The above prices, specifications and conditions are satisfactory and hereby accepted You are authorized to complete this contract as specified Payment will be made as outlined Authorized Signature Print Name Date EXHIBIT A MEMORANDUM TO: Mayor and City Council FROM: Steve Scherer, Public Works Director DATE: August 31, 2023 MEETING: September 5, 2023 City Council SUBJECT: Availability of DNR Forestry Grant Funds – ReLeaf & Shade Tree Bonding Background The Minnesota DNR recently released two grant programs to help fund community forestry efforts. The first grant is the 2023-2027 ReLeaf Community Forestry Grants program, which has $6.883 million available. Funding was made available by the Minnesota Legislature to enhance community forest health that will encourage and promote the inventory, planting, assessment, maintenance, improvement, protection, and restoration of trees and forest resources. The maximum grant request is $500,000 with no match requirement. The grant deadline is September 18th, 2023. The second grant is the 2023-2027 Shade Tree Program Bonding Grants, which has a total of $10,063,000 available in bond dollars to fund projects managing forest pests and disease through community forestry activities on public lands. The maximum amount that will be funded is $500,000. The grant deadline is October 2, 2023. Funding for both grants will be allocated through a competitive grant process with review by a committee. Progress to Date Staff has been working with WSB’s Forestry Program Manager to assist in formulating grant projects that align with DNR requirements and city needs. In summary, the ReLeaf grant would be used to obtain a GIS-based tree inventory, upon which a community forestry plan or an emerald ash borer (EAB) plan could be formulated. A plan of some sort is required as part of the grant program, and if communities do not have one, it is recommended that they build the costs into their grant request. Grant funds could support injection of good condition ash trees that are 10” diameter or larger as the city removes fair and poor condition ash trees. Last, the funding could support consultant time to assist in preparing any request for proposals to complete any injection work in the community. The Shade Tree Program Bonding grant would be used to remove dead, dying or poor condition ash trees in public spaces, and provide replacement trees at a 1:1 ratio. The grant requires watering for three seasons, so the city could also request funding for the 2024-2027 seasons to water, mulch, and monitor trees if they do not have capacity in- house. Staff was particularly interested in obtaining funding to support wood-waste and/or obtain a wood-waste study/ survey of neighboring communities/counties/Three Rivers to determine feasibility of adding a tipping fee and/or a joint-powers agreement to create a self-sustaining operation with increased ash wood. Through emails with DNR staff, WSB determined that none Agenda Item #5G 2 of the wood waste management or studies will be supported with this funding. WSB staff can conduct this work as an addendum to the grant-funded plan, but it could not be supported by the grant programs described here. Attached is a more detailed list of proposed grant activities, prepared by WSB after meetings with city staff. Next Steps: At this time, staff is requesting support to apply for both MN DNR Grant programs, and to engage the services of the WSB Forestry Program Manager to prepare grant applications for the services described in this memo and the attached document. Recommended Action A motion to approve applying for the 2023-2027 ReLeaf and Shade Tree Program Bonding Grants, and to engage the services of a consultant to assist in preparation of both applications. BO L D | VIS I O N A R Y | AU T H E N T I C | PA S S I O N A T E | OP T I M I S T I C City of Medina MN DNR ReLeaf Shade Tree Bonding and Grants 2023-2027 WSB Project Number ReLeaf Grant I. ABOUT a. ReLeaf community forestry grants, 2023-2027 - $6.883 million in grants for local units of government and non-profit organizations in Minnesota that encourage and promote the inventory, planting, assessment, maintenance, treatment, improvement, protection, and restoration of trees and forest resources to enhance community forest health and sustainability, reduce atmospheric carbon dioxide levels and promote energy conservation. Deadline: September 18, 2023. II. MEDINA’S FOCUS a. Tree Inventory (ArcGIS online) in mowed-maintained areas of parks and city properties. i. Identify how many ash and the risk of EAB-mediated canopy loss for the community and which public ash are worth protecting from EAB ii. Use other species data to determine future planting and species diversity goals b. Inject select public ash trees in good/fair condition 10” diameter and larger i. Spread out ash removals, preserve canopy while city replants, preserve ecosystem benefits of large trees c. Community Forest Management Plan or Emerald Ash Borer Management Plan i. Determine budget and timeline for ash removals ii. Determine budget and focus for ash injections iii. Address replanting of ash in parks and city properties iv. Address long-term establishment of new trees (planting, mulch, pruning) d. Consultant time i. To research and prepare planning/budget documents ii. Assist in preparing RFP, determine final number of ash to inject and facilitate quotes for injections Shade Tree Program Bonding Grant III. ABOUT a. Shade tree program bonding grants, 2023-2027 – $10.063 million in grants for local units of government in Minnesota that are planning to replace trees lost to forest pests, disease, or storm; or to establish a more diverse community forest better able to withstand disease and forest pests. Deadline: October 2, 2023. IV. MEDINA’s FOCUS a. Remove EAB-infested, poor condition and/or small ash trees (less than10” diameter) i. In mowed, maintained portions of parks and city owned properties as a first priority, or wooded areas with ash directly adjacent to streets or maintained areas of parks/public property that could create a risk b. Replace1:1 with new trees in mowed, maintained areas and as needed in wooded and/or plant in areas that need more tree cover c. Apply for funding to support watering and care for young trees during the 2–3-year establishment time. 70 1 X E N I A A V E N U E S | SU I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M August 30, 2023 Mr. Steve Scherer Public Works Director City of Medina. 2052 County Road 24 Medina, MN 55340 Re: Professional Services Proposal – Grant Writing Dear Mr. Scherer: We appreciate the opportunity to present this proposal for preparing applications for the 2023-2027 MN DNR ReLeaf and Shade Tree Program Bonding Grants. Each grant award is up to $500,000 for a total of $1million dollars with no matching requirement. Given the short turnaround time for both grants (Applications due Monday September 18th and Monday October 2nd), we need to gain approval by the end of the day Thursday September 7th to meet the deadline and will need to have a conversation with the appropriate city staff by Monday September 11 th to confirm grant details) If you’d like to move forward with this task, the fee for the service term would be $5,950. Please sign below and return one copy to our office. If you have any questions or need additional information, please feel free to contact me at (651)318-9945 or eball@wsbeng.com. Sincerely, WSB Emily Ball Forestry Program Manager Mr. Steve Scherer August 30, 2023 Page 2 SCOPE OF FORESTRY SERVICES FOR CITY OF Medina Medina, MN Scope of Services The services described below will be completed by WSB Forestry Program Manager, Emily Ball unless denoted otherwise. Task 1 – MN DNR ReLeaf Grant Writing ($3,400) Meet with Public Works Director and/or Medina staff to discuss the 2023-2027 MN DNR ReLeaf Grant application and finalize focus areas. Initial project ideas are completing tree inventory, creating a Community Forest or EAB Management Plan, injecting select ash trees to protect from EAB infestation, and creating requests for proposal and/or specifications for injection contractor to follow. Forestry Program Manager will provide a draft and will incorporate edits before sending the final documents to Medina staff. This fee also covers any MN DNR required edits to the grant application if they are not able to fund the entire grant request. Deliverables:  Adobe PDF with first draft and final grant application  MS Excel file with grant budget Task 2 – MN DNR Shade Tree Program Bonding Grant Writing ($2,720) Meet with Public Works Director and/or Medina staff to discuss the 2023-2027 MN DNR Shade Tree Program Bonding Grant application and finalize focus areas. Initial project ideas are removing and replacing ash trees and requesting additional funding to keep the trees watered and mulched during the grant and tree establishment period. The Forestry Program Manager will provide a draft and will incorporate edits before sending the final documents to Medina staff. This fee also covers any MN DNR required edits to the grant application if they are not able to fund the entire grant request. Deliverables:  Adobe PDF with first draft and final grant application  MS Excel file with grant budget  Adobe PDF with 3-year maintenance plan Mr. Steve Scherer August 30, 2023 Page 3 Name: _____________________________________________________________ Title: _______________________________________________________________ Date: _______________________________________________________________ CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 DATA STORAGE SERVER SHARING AND GOVERNANCE AGREEMENT This Data Storage Server Sharing and Governance Agreement (this “Agreement”) is made this _____ day of ______________ 2023, and is by and among the following parties: A. Cities of Champlin, Corcoran, Dayton, Deephaven, Medina, Minnetrista, Osseo, Rogers, and Wayzata, each a Minnesota municipal corporation, on behalf of their respective Police/Public Safety Departments; and B. South Lake Minnetonka Police Department, and West Hennepin Public Safety Department, each a joint powers entity organized pursuant to Minnesota Statutes Section 417.59; and C. Three Rivers Park District, a local government unit organized pursuant to Minnesota Statutes Section 383B.703, on behalf of its Department of Public Safety; and D. The Regents of the University of Minnesota, a Minnesota constitutional corporation, on behalf of its Department of Public Safety. The above-named parties may be collectively referred to herein as the “Parties” or each a “Party”. This Agreement shall be effective as of the date listed above. RECITALS WHEREAS, each of the Parties provides law enforcement services to certain (or multiple) public entity(ies) in the State of Minnesota; and WHEREAS, under individual licenses to the same data storage system, each party utilizes a records management system (an “RMS”) to process, organize, and refer to storage law enforcement data related to the provision of those services (such data is the “Party Data”); and WHEREAS, each Party currently engages a third-party contractor to store Party Data created and/or managed by each Party’s RMS; and WHEREAS, prior to 2012, several Parties created a joint powers entity known as the Lake Minnetonka Area Consortium (“LMAC”) to facilitate data sharing and storage among those Parties for investigative purposes; and WHEREAS, starting in 2012, one-by-one, other agencies joined the LMAC, for the same purpose; and WHEREAS, Minnesota Statues Section 471.59 authorizes two or more governmental units to jointly or cooperatively exercise any power common to the contracting governmental units; and Agenda Item #5H CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 WHEREAS, the Parties desire to collaborate to establish and implement a shared local data storage site to house existing and future Party Data created by each Party’s RMS; and WHEREAS, the Parties further desire to collaborate in securing and funding professional services necessary to design, develop, and implement the migration of Party Data from a third- party storage location to the newly-established local storage site; and WHEREAS, all Parties agree that sharing the costs of establishing and implementing this local storage site, as well as the costs of migration of the data allows for significant costs savings for all involved Parties; and WHEREAS, all Parties therefore agree to share in the costs of establishing the data storage site and migrating Party Data thereto, as outlined in the terms of this Agreement. NOW THEREFORE, the Parties agree as follows: TERMS 1) PURPOSE: The purpose of this Agreement is to cooperatively coordinate efforts and share costs to develop and implement a local, legally compliant data storage location and to engage services to migrate stored Party Data to that location, and thereafter maintain currently-existing and later-created data in compliance with all FBI and CJIS security requirements. 2) AUTHORIZED REPRESENTATIVE: The Parties nominate and empower the following authorized representative for purposes of managing contractor work: Brian Tholen, Chief of Police (the “Authorized Representative”) South Lake Minnetonka Police Department 24150 Smithtown Road Shorewood, Minnesota 55331 The Authorized Representative shall serve in the role unless and until a different authorized representative is appointed by the Governing Board, as defined in Section 3. The Authorized Representative shall be empowered to facilitate the contracted work contemplated herein and shall oversee contractors' compliance with the same on behalf of the Parties. The Authorized Representative shall pay all contractor invoices and collect reimbursement from the Parties, as contemplated herein. 3) PARTY GOVERNING BOARD: The Parties hereby establish a Governing Board to oversee the implementation of the terms herein. The Governing Board shall consist of the Chief Law Enforcement Officer of each Party or his/her designee. The Governing Board shall meet on a regular basis, on the dates and times, and at a location agreed upon by the Parties. Notice for each meeting of the Governing Board shall be given in compliance with Minnesota Statutes Section 13D.04. The presence of a simple majority of the Governing Board shall constitute a quorum. Each Governing Board representative shall have one equal vote on all matters decided by the Governing Board. Unless a CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 different threshold is specifically identified herein for a particular decision, decisions shall be determined by a majority of the Governing Board present and voting on a particular topic, provided a quorum of the Governing Board is present. All issues involving this Agreement shall be reviewed and resolved by the Governing Board whenever possible. The Governing Board may also review the terms and conditions of this Agreement and make recommendations to the Parties’ governing bodies concerning amendments to this Agreement. The Governing Board shall select a Chairperson and rotate that position annually among the Parties. The Chairperson shall be the contact person for all Parties, and shall preside at meetings of the Governing Body to ensure good order and decorum. The Governing Board shall select a Vice- Chairperson, who shall preside at meetings in the Chairperson’s absence, and rotate that position annually among the Parties. The Governing Board shall obtain and maintain liability insurance in amounts not less than the statutory limits established under the Municipal Tort Claims Act, Minnesota Statutes Chapter 466 (“Chapter 466”) and may obtain other insurance it deems necessary to insure the actions of the Governing Board and the obligations of this Agreement including, without limitation, the indemnification obligations contained herein. The Parties’ respective liabilities shall be governed by the provisions of Chapter 466 and nothing in this Agreement constitutes a waiver by any Party of any statutory or common law defense, immunity, or limit on liability provided for by applicable law. In no event shall the statutory limits provided for in Chapter 466 be aggregated to make each Party liable beyond the statutory limits. For the purposes of determining total liability for damages, Parties shall be considered a single governmental unit as provided in Minnesota Statutes Section 471.59, subd. 1a(b). 4) INITIAL COSTS: The procurement contemplated by this Agreement is limited to the acquisition of such hardware, software, and professional services as are needed for local data storage considerations for existing Party Data. Each Party shall continue to be responsible for its own RMS costs and any individual costs associated with altering the designated hosting location to which RMS data will be fed. In addition to the storage procurement, the Parties, through the Authorized Representative, will engage GTEL Advisors, LLC for consultant services related to the proper design and establishment of the data storage site, and will engage Morris Electronics, Inc. to consult and assist in the procurement, installation, and maintenance of the appropriate hardware for the same. GTEL Advisors, LLC shall also assist in the technical aspects of migrating Party Data from the existing storage location to the selected new local storage location. GTEL Advisors, LLC and Morris Electronics, Inc. are collectively referred to herein as the “Contractors”. The Authorized Representative shall pay all contractor invoices for all services rendered pursuant to this Agreement and then invoice the Parties equally for such costs. Parties shall pay such invoices promptly to the Authorized Representative and not later than thirty (30) days after receipt of the same. The initial costs are estimated to be one hundred and fifteen thousand dollars ($115,000), which the Parties hereby agree to pay equally (“Initial Party Amounts”). CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 Prior to the initiation of a hardware acquisition above the Initial Party Amounts the Authorized Representative shall obtain the approval of the Governing Board of said purchase. The Authorized Representative is authorized to make reasonable hardware purchases recommended by the Contractors and related to the purpose of this Agreement which are valued at less than $10,000 in total, which shall be split equally amongst the Parties. These additional hardware purchases shall be considered part of the Initial Party Amounts. The Authorized Representative shall ensure that Contractors comply with the Minnesota Uniform Municipal Contracting Law, Minnesota Statutes Section 471.345 (“Contracting Law”), for any purchases made pursuant to this Agreement. 5) HOSTING/ON-GOING SUPPORT COSTS: South Lake Minnetonka Police Department agrees to provide a secure location for the housing of necessary data storage equipment, at no cost to the Parties. Hosting and on-going support services will be acquired from one or both of the Contractors or from a separate contractor selected in conformance with the Contracting Law. The Authorized Representative shall be responsible for coordinating and contracting with the contractor for the hosting and on- going support services. Final contractor selection must be consented to by the Governing Board. The contractor selected for hosting duties shall be responsible for maintaining all Party Data in compliance with all applicable data management standards, including FBI and CJIS security requirements. The nominated contractor(s) selected to provide these services shall also forecast funding needs for hosting services, end-of- service-life replacements, standard maintenance and repairs, and anticipated upgrades during the Initial Term of this Agreement as defined below, as well as decommissioning costs (collectively “Hosting/On-Going Support Costs"). These anticipated costs shall be shared among the Parties to facilitate reasonable budgeting and such amounts may need to be approved by a Party’s governing body. The Authorized Representative shall pay all invoices for hosting and on-going support services and invoice the Parties in equal shares for said costs. Each Party is responsible to budget for all Hosting/On-Going Support Costs. 6) NEW PARTIES: If another law enforcement agency or government entity that is not a party to this Agreement wishes to become a Party (that agency or entity a “Joining Agency”), the Joining Agency may request that it be added as a party to this Agreement or request that the Agreement be otherwise amended to accommodate the needs of the Joining Agency. This request shall be subject to the approval of a majority of the then current Parties of this Agreement. The parties shall then execute an amendment to this Agreement that adds the new governmental entity as a party to this Agreement, and sets forth the particular terms of that collaboration. 7) TERM AND PARTY WITHDRAWAL: This Agreement shall terminate on the tenth anniversary of the effective date set forth on page one (the “Initial Term”), unless extended by separate agreement of the then remaining Parties. The Agreement may be terminated earlier only as follows: a. Immediate termination may occur upon the unanimous agreement of all then remaining Parties; or CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 b. Early termination may occur upon a ¾ majority vote of the then remaining Parties, however, such termination shall not take effect for at least one (1) year after notice of that decision has been provided to all remaining Parties. Parties may withdraw from this Agreement prior to termination as set forth above upon the provision of three (3) years’ notice provided to the Chairperson of the Governing Board, who shall communicate such notice to the Authorized Representative and the Governing Board. Withdrawing Parties shall be responsible for the withdrawal fee related to the anticipated Hosting/Ongoing Support Costs, as described below in this Section 7. The withdrawal fee for each Party shall be comprised of each Party’s share of the Initial Party Amount and the estimated remaining Hosting/Ongoing Support Costs from the date of withdrawal until the tenth anniversary of the effective date set forth on page one. Withdrawing Parties shall pay this withdrawal fee no later than thirty (30) days prior to the effective date of the withdrawal unless the withdrawing Party and Governing Board agree to continue payments and billing in accordance with Section 5. Withdrawing Parties shall be entitled to a copy of their Party Data which has been or will be stored pursuant to this Agreement or any successor agreement upon payment of the withdrawal fee. A Withdrawing Party shall be responsible for all data migration costs and/or conversion costs, if any, to ensure secure transfer to and compatibility with the Withdrawing Party’s RMS platform. However, a withdrawing Party shall not be entitled to removal or immediate deletion of their embedded and stored data. The Parties agree that Party Data shall be stored, maintained and protected pursuant to this Agreement and applicable law, at all times, when housed at a storage site established pursuant to this Agreement. A withdrawing Party may request that the Party’s data be deleted when feasible, but the remaining Parties shall have no obligation to complete the deletion until the servers on the storage site(s) are decommissioned. Parties which withdraw from this Agreement are not entitled to any property, or assets purchased pursuant to this Agreement. Upon the termination of this Agreement, the remaining Parties shall properly decommission any and all data storage sites established pursuant to this Agreement and take all necessary steps to permanently secure or delete all stored data, in compliance with all applicable law. Any purchased infrastructure may be sold after full and proper decommissioning and removal or deletion of Party Data and any value therefore may be used to offset the costs of decommissioning the site. In the event a positive balance of funds is held by the remaining Parties after decommissioning is complete, the Governing Board shall disburse the funds proportionally based on total contribution, including Initial Party Amounts and Hosting/On-Going Support Costs, of all current and former Parties. 8) INDEMNIFICATION: Each Party shall hold harmless, defend and indemnify all other Parties; their officials, employees and agents, from and against any and all claims, losses, liabilities, damages attributable to the indemnifying Party (collectively “Claims”). This obligation shall include, without limitation, costs and expenses (including defense, settlement, and reasonable attorneys’ fees) for Claims as a result of any damages CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 arising from or related to data storage on the contemplated servers. This obligation shall survive termination of or withdrawal from this Agreement. Upon a compliant withdrawal of a Party from this Agreement, the remaining Parties agree to hold harmless, defend and indemnify the withdrawing Party from any Claims related to improper storage of the withdrawing Party’s data which remains on the servers established pursuant to this Agreement. All obligations of this Section 8 shall be subject to the liability limitations set forth in Chapter 466 and in no event shall the statutory limits provided for in Chapter 466 be aggregated to make each Party liable beyond the statutory limits. Nothing in this Section 8 is meant to contradict the single-entity liability limit noted in Section 3. 9) DATA PRACTICES: All data collected, created, received, maintained or disseminated for any purpose by the activities of the Parties with respect to this Agreement, shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended (“MGDPA”). All records related to this Agreement kept by the Parties shall be subject to examination by the representatives of each Party as provided in the MGDPA. However, the Authorized Representative/South Lake Minnetonka Police Department shall not be responsible for responding to data requests for information that is available from the Parties or a single Party. 10) AUDITS: Pursuant to Minnesota Statutes Section 16C.05, subd. 5, any books, records, documents, and accounting procedures and practices of the Parties relevant to this Agreement are subject to examination by the Legislative Auditor or the State Auditor, as appropriate. The Parties shall maintain these for accessibility per the MGDPA guidelines. 11) NOTICE: The Parties’ agents for purposes of administration of this Agreement are: Champlin Police: Chief ----------- 11955 Champlin Drive Champlin, Mn 55316 Corcoran Police: Public Safety Director Matt Gottschalk 8200 County Road 116 Corcoran, MN 55340 Dayton Police: Chief Paul Enga 13700 Zanzibar Lane North Dayton, MN 55327 Deephaven: Chief Cory Johnson 20225 Cottagewood Road Deephaven, MN 55331 Medina Police: Chief Jason Nelson 600 Clydesdale Trail CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 Medina, MN 55340 Minnetrista Police: Public Safety Director Paul Falls 7701 County Road 110 West Minnetrista, MN 55364 Osseo Police: Chief Shane Mikkelson 408 1st Ave NW Osseo, MN 55369 Rogers Police: Chief Dan Wills 21860 Industrial Court Roger, MN 55374 South Lake Minnetonka Police: Chief Brian Tholen 24150 Smithtown Road Shorewood, MN 55331 Three Rivers Park Police: Chief Josh Foust 4301 County Road 24 Maple Plain, MN 55359 University of Minnesota Police: Chief Matt Clark 511 SE Washington Ave #1 Minneapolis, MN 55455 Wayzata Police: Chief Marc Schultz 600 Rice Street East Wayzata, MN 55391 West Hennepin Public Safety: Public Safety Director Gary Kroells 1918 County Road 90 Independence, MN 55359 12) APPLICABLE LAW: The execution, interpretation and performance of this Agreement shall be controlled and governed by the laws of the State of Minnesota. 13) 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, including the agreement of the LMAC. Any purported amendment to this Agreement is not effective unless it is in writing and executed by all Parties. 14) WAIVER: One or more waivers by any Party of any provision, term, condition or covenant of this Agreement shall not be construed by the other Parties as a waiver of a subsequent breach of the same by the other Parties. CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 15) SEVERABILITY: Should any part or portion of this Agreement be held invalid or unenforceable, the remaining provisions shall be valid and binding upon the Parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. 16) AUTHORIZATION CERTIFICATION: By endorsing this Agreement, each of the undersigned representatives represents and warranties that he/she is an authorized representative of the identified Party, and has obtained any and all necessary authority to fully bind his/her entity to the terms of this Agreement. 17) SIGNATURES; COUNTERPARTS: The parties may sign this Agreement in counterparts, each of which constitutes an original, but all of which together constitute one instrument. The parties agree that the electronic signature of a party to this Agreement will be as valid as an original signature of such party and will be effective to bind such party to this Agreement. The parties further agree that any document, including this Agreement and any attachments or exhibits to this Agreement, containing, or to which there is affixed, an electronic signature will be deemed (a) to be “written” or “in writing,” (b) to have been signed and (c) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. For purposes of the Agreement, “electronic signature” also means a manually signed original signature that is then transmitted by any electronic means, including without limitation a faxed version of an original signature or an electronically scanned and transmitted version (e.g., via PDF) of an original signature. Any party’s failure to produce the original signature of any electronically transmitted signature will not affect the enforceability of this Agreement. 18) EFFECTIVE DATE: This Agreement is effective as of the latest date of the approval and execution of the Agreement by the Parties. [Signature pages to follow] CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. Champlin Police Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. Corcoran Police: Signed: ________________________ Jessica Beise Its: City Administrator Email: jbeise@corcoranmn.gov Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. Dayton Police: Signed: ________________________ Paul Enga Its: Chief of Police Email: penga@daytonpolice.org Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. Deephaven: Signed: ________________________ Cory Johnson Its: Coryj@deephavepolice.com Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. City of Medina: Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. City of Minnetrista: Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. City of Osseo: Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. City of Rogers: Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. South Lake Minnetonka Police: Signed: ________________________ Mayor Todd Carlson Its: Coordinating Committee Chair Email: Tcarlson@excelsiormn.org Date: _____________, 2023 Signed: Brian Tholen Its: Chief of Police Email: Btholen@Southlakepd.com Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. Three Rivers Park Police: Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. University of Minnesota Police: Signed: ________________________ Print: __________________________ Its: ____________________________ Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. City of Wayzata: Signed: ________________________ Johanna Mouton Its: Mayor Email: johannamccarthy@wayzata.org Date: _____________, 2023 Signed: ________________________ Print: Jeff Dahl Its: City Manager Email: jdahl@wayzata.org Date: _____________, 2023 Signed: ________________________ Marc Schultz Its: Chief of Police Email: mschultz@wayzata.org Date: _____________, 2023 CK #226986v4 (07/11/2023) DOCSOPEN\SS115\1\882690.v5-8/9/23 IN WITNESS WHEREOF, the Party parties of this Agreement, by their respective duly authorized officers, have caused this Agreement to be duly executed on the date and year written below, intending to be bound thereby. West Hennepin Public Safety: Signed: ________________________ Mayor Marvin Johnson Its: WHPS Commission Chair Email: mjohnson@ci.independence.mn.us Date: _____________, 2023 Signed: ________________________ Mayor Julie Maas-Kusske Its: WHPS Commission Vice-Chair Email: juliemaaskusske@mapleplain.com Date: _____________, 2023 Signed: ________________________ Gary Kroells Its: Chief _____________ Email: GKroells@westhennepin.com Date: _____________, 2023 Resolution No. 2023- September 5, 2023 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023- RESOLUTION APPROVING PROPOSED TAX LEVY FOR 2024 WHEREAS, the State of Minnesota has adopted legislation, which requires all municipalities to pass a resolution adopting a preliminary budget and certifying the total proposed tax levy amount to the County Auditor prior to September 30, 2023; and WHEREAS, it is the desire of the City of Medina, Minnesota, to comply with this law and submit a proposed property tax levy including general operating and debt levies; and NOW THEREFORE, BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following sums of money be proposed for 2024 upon the taxable property in the City of Medina, for the following purposes: To raise $5,081,243 as adequate revenue for the general fund operating budget, $423,247 as adequate revenue for debt service, $462,500 for capital equipment, $61,000 for capital road fund and $112,000 for municipal park fund. General Fund $5,081,243 Capital Equipment $ 462,500 Capital Road Fund $ 61,000 Municipal Park Fund $ 112,000 Debt Service: 2012A G.O. CIP Bonds $ 362,943 2015A G.O. Improvement Bonds $ 60,304 Total Levy: $6,139,990 BE IT FURTHER RESOLVED, that the City Clerk, Caitlyn Walker, is hereby instructed to transmit a certified copy of this resolution to the county auditor of Hennepin County, Minnesota. Date: September 5, 2023. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Caitlyn Walker, City Clerk Agenda Item #7A Resolution No. 2023- 2 September 5, 2023 The motion for the adoption of the foregoing resolution was duly seconded by member _____ and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023- September 5, 2023 Member _______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023- RESOLUTION APPROVING PROPOSED GENERAL FUND BUDGET FOR 2024 BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following sums of money be proposed for the 2024 General Fund budget: Revenues Expenditures General Fund $6,724,860 $6,724,860 Date: September 5, 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: Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023- September 5, 2023 Member ______ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023- RESOLUTION REDUCING DEBT SERVICE TAX LEVIES FOR 2024 WHEREAS, Hennepin County maintains a bond register with the City’s scheduled bonded debt levies for taxes payable in 2024, and requests a City resolution canceling the debt levy if the City does not levy the scheduled amounts; and WHEREAS, the City has determined that specific debt levies may be partially reduced due to the accumulation and projection of other revenue sources, including previously collected tax levies, previously collected and future projected special assessments, and utility fund contributions; and NOW THEREFORE, BE IT RESOLVED, by the city council of the City of Medina, County of Hennepin, Minnesota, that the following reductions of debt service levies be made for taxes payable in 2024: Scheduled Proposed Reduction Levy Levy To Levy Debt Service: 2015A G.O. Improvement Bonds $ 60,304 $ 60,304 $ - 2020A G.O. Capital Improvement Plan Bonds $ 453,679 $ 362,943 $ 90,736 BE IT FURTHER RESOLVED, that the City Clerk Caitlyn Walker, is hereby instructed to transmit a certified copy of this resolution to the county auditor of Hennepin County, Minnesota. Date: September 5, 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: Whereupon said resolution was declared duly passed and adopted. Memorandum To: Honorable Mayor Martin and Medina City Council Members From: Roxy Robertson, WSB Date: August 30, 2023 Re: 1755 Tamarack Drive After-The-Fact Replacement Plan and Voluntary Restoration City Project No. WR-23-188 WSB Project No. 23125-000 The landowners at 1755 Tamarack Drive constructed a detached storage building without submitting a permit application. The City has issued a stop-work order, although the construction was significantly complete before the City was aware. The structure was constructed in a location that was previously wetland and approximately 3,899 square feet of wetland has been filled without obtaining appropriate permit approvals and without following the city’s upland buffer rules. The structure also does not meet the setback requirements from the northern property line. The owner purchased the parcel to the north and intends to request a lot-line rearrangement to address the setback violation. See the attached project location. The landowner submitted an after-the-fact wetland delineation and replacement plan application on June 12, 2023. The wetland delineation reviewed historic aerial photographs and conducted a site visit to determine the extent of the wetland boundary. The TEP met onsite on July 19, 2023 to discuss the boundary, the wetland impacts, and potential enforcement, restoration, and mitigation options. A summary of the TEP meeting and comments is included in the attached TEP Findings document. A portion of the impacts on site are not needed for the integrity of the garage structure and the TEP requested that the fill material be removed under a voluntary restoration. The remaining fill that cannot be removed would be replaced at a 4:1 mitigation ratio through the purchase of wetland bank credits. The applicant submitted a revised application on August 18, 2023 that included the restoration/monitoring plan for the voluntary restoration piece, as well as the proposed replacement plan of the purchase of 0.1684 credits from wetland bank 1643 located in Hennepin County. The restoration plan includes removing 2,063 square feet of fill to an elevation of 986 and then restoration of the area with native seed mix. The vegetation will be managed for at least 5 years and monitored for at least 2 years or longer if needed to meet performance standards. Upland buffer will be created around the restored wetland area for a total of 3,282 square feet (20-30 foot width), as well as around a wetland at the south end of the property for a total of 3,826 square feet (15-foot width). The wetland buffer amount is approximately equal to the amount of buffer that would have been required between the northern wetland and the new garage building had it been built following City rules. The application was noticed to the Wetland Conservation Act (WCA) Technical Evaluation Panel (TEP) on July 6, 2023. Comments were allowed until July 31, 2023. Members of the TEP (LGU, Hennepin Conservation District, BWSR, applicant, landowner) met on July 19, 2023 on site to discuss the delineation and replacement plan. A revised application was submitted on August 18, 2023 and noticed to the TEP with request for additional comments until August 23, 2023. No additional comments were received from the TEP. The TEP was in agreement with the proposed replacement plan and voluntary restoration/monitoring plan. On behalf of the City of Medina, Local Government Unit for the Wetland Conservation Act, I recommend that the City Council approves the wetland replacement plan and restoration/monitoring plan for the 1755 Tamarack Drive after-the-fact replacement plan. A Notice of Decision is attached for review. 5 4 0 G AT E WA Y B LV D | BU R NS V IL L E , M N | 55 3 3 7 | 9 52 . 73 7 . 4 6 6 0 | W S B E N G . C O M Agenda Item #7B Recommended Action: Move to approve the Wetland Replacement Plan and restoration/monitoring plan for 1755 Tamarack Drive after-the-fact replacement. Attachments: 1. Location map 2. Site Plans: Wetland Impacts and Proposed Restoration 3. Draft Notice of Decision 4. Joint Application Form 5. TEP Findings 1. LOCATION MAP © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - Site Location 1755 Tamarack Dr (KES 2023-015)Medina, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 1,000 Feet Legen d Site Boundary hennepin_county_parcels Source: ESRI Streets Basemap 1755 Tamarack Dr 1775 Tamarack Dr 2. SITE PLANS 988 990 992 994 996 986 998 984 982 980 978 976 1000 1002 1004 1006 974 1008 1010 1012 1014 1016 1018 10201022 10241026 988 986 992 986 984 988 990 984 982 Figure 2 - Existing Conditions (2021 Hennepin Co Aerial) 1755 Tamarack Dr (KES 2023-015)Medina, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 150 Feet Lege nd Site Boundar y Overhead U tility 2023 Wetland Historic Wetland East Wetland Fi ll West Wetland Fil l Hennepin C ounty Lidar Source: MNGEO Spatial C ommons East Wetland Fill1836 sfWest Wetla nd Fill2063 sf Review A rea Wetland 1Type 3 /2/1PEMC/PEMB/PFO1A Outdoor Kitchen Greenhouse &Retaining WallRemainingOld B arn Home DepressionalWetland Fruit Trees ParkingArea \\\\\\\\\\\\\\\\\\\\\\\\ !A !A !A !A !A !A!A Restore to 986 elevation 986 ft 986 ft 986 984 982 980 988 990 992 978 994 988 988 984 990 Figure A - Restoration Plan (2022 Hennepin Co Aerial) 1755 Tamarack Dr (KES 2023-015)Medina, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 50 Feet Legend !A Buffer Sign Site Boundary \\\\Retaining Wall Proposed Buffer line Buffer poly (3282 sf) 2023 Wetland Histori c Wetl and Restored Wetland (2063 sf) Wetland Fill revised (1836 sf) Hennepin County Lidar Source: MNGEO Spatial C ommons No buffer above retaining wall tominimize impacts Manage 1 wetlandbuffer = 30-ft avg20-ft min 20 ft 20 ft 30 ft 30 ft Es timated ele vation ofedge of buffer = 98 8 ft 988 ft \\\\\\\\\\\\ !A !A !A !A !A !A!A !A!A !A !A !A Figure B - Wetland Buffer Areas - 7108 sf total (2021 Henn Co 6-in Photo) 1755 Tamarack Dr (KES 2023-015)Medina, Minnesota Note: Boundaries indicated on this figure are approximate and do not constitute an official survey product. ¯0 150 Feet Legend !A Bu ffer Sign Site Boundary \\\\Retaining Wall Wetland line Bu ffer poly Restored Wetland Source: MNGEO Spatial Commons 3282 sfDisturbed buffer andrestored wetland to be seeded and monitored 3826 sfUndisturbed buff er15-ft average widt hleft in natural stateexcept for mowing twice/yrto prevent volunteer trees 3. DRAFT NOTICE OF DECISION BWSR NOD Form – November 12, 2019 1 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: City of Medina County: Hennepin Applicant Name: Jeff Striggow Applicant Representative: Kjolhaug Env Project Name: 1755 Tamarack Drive LGU Project No. (if any): WR-23-188; 23125-000 Date Complete Application Received by LGU: 6/12/23 (incomplete), 7/3/23 (complete), 8/17/23 (revised) Date of LGU Decision: Date this Notice was Sent: WCA Decision Type - check all that apply ☒ Wetland Boundary/Type ☐ Sequencing ☒ Replacement Plan ☐ Bank Plan (not credit purchase) ☐ No-Loss (8420.0415) ☐ Exemption (8420.0420) Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9 Replacement Plan Impacts (replacement plan decisions only) Total WCA Wetland Impact Area: 0.0421 acres Wetland Replacement Type: ☐ Project Specific Credits: ☒ Bank Credits: 0.1684 Bank Account Number(s): 1643 Technical Evaluation Panel Findings and Recommendations (attach if any) ☐ Approve ☒ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation LGU Decision ☒ Approved with Conditions (specify below)1 ☐ Approved1 ☐ Denied List Conditions: 1) Voluntary restoration/removal of fill must be completed within 9 months of approval of the plan unless otherwise agreed upon by the City. 2) Seeding and stabilization of the restoration must be completed within 9 months of completion of construction unless otherwise agreed upon by the City. 3) The applicant must enter into an escrow with the City for assurances that the voluntary restoration is completed and successful per the approved plan. 4) Proof of credit withdrawal must be provided to the City within 6 months of approval of this replacement plan. Failure to do so may result in further enforcement actions. Decision-Maker for this Application: ☐ Staff ☒ Governing Board/Council ☐ Other: Decision is valid for: ☒ 5 years (default) ☐ Other (specify): 1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project- specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1. BWSR NOD Form – November 12, 2019 2 ☐ Attachment(s) (specify): ☒ Summary: The landowners at 1755 Tamarack Drive constructed a detached garage in a location that was wetland without obtaining appropriate permit approvals allowing th e placement of fill within the wetland and without following the city’s upland buffer rules. See the attached project location. The landowner submitted an after-the-fact wetland delineation and replacement plan application on June 12, 2023.The wetland delineation reviewed historic aerial photographs and conducted a site visit to determine the extent of the wetland boundary. The TEP met onsite on July 19, 2023 to discuss the boundary and the wetland impacts. A summary of the TEP meeting and comments is included in the attached TEP Findings document. A portion of the impacts on site are not needed for the integrity of the garage structure and the TEP requested that the fill material be removed under a voluntary restoration. The remaining fill that cannot be removed would be replaced at a 4:1 mitigation ratio through the purchase of wetland bank credits. The applicant submitted a revised application on August 18, 2023 that included the restoration/monitoring plan for the voluntary restoration piece, as well as the proposed replacement plan of the purchase of 0.1684 credits from wetland bank 1643 located in Hennepin County. The restoration plan includes removing 2,063 square feet of fill to an elevation of 986 and then restoration of the area with native seed mix. The vegetation will be managed for at least 5 years and monitored for at least 2 years or longer if needed to meet performance standards. Upland buffer will be created around the restored wetland area for a total of 3,282 square feet (20-30 foot width), as well as around a wetland at the south end of the property for a total of 3,826 square feet (15-foot width). The wetland buffer amount is approximately equal to the amount of buffer that would have been required between the northern wetland and the new garage building had it been built following City rules. The application was noticed to the Wetland Conservation Act (WCA) Technical Evaluation Panel (TEP) on July 6, 2023. Comments were allowed until July 31, 2023. Members of the TEP (LGU, Hennepin Conservation District, BWSR, applicant, landowner) met on July 19, 2023 on site to discuss the delineation and replacement plan. A revised application was submitted on August 18, 2023 and noticed to the TEP with request for additional comments until August 23, 2023. No additional comments were received from the TEP. The TEP was in agreement with the proposed replacement plan and voluntary restoration/monitoring plan. 1 Findings must consider any TEP recommendations. Attached Project Documents ☒ Site Location Map ☒ Project Plan(s)/Descriptions/Reports (specify): Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: Appeals & Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us Does the LGU have a local appeal process applicable to this decision? ☒ Yes1 ☐ No 1If yes, all appeals must first be considered via the local appeals process. Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable) Send petition and $500 to: City of Medina, 2052 County Road 24, Medina, MN 55340 Notice Distribution (include name) BWSR NOD Form – November 12, 2019 3 Required on all notices: ☒ SWCD TEP Member: Stacey Lijewski ☒ BWSR TEP Member: Jed Chesnut ☒ LGU TEP Member (if different than LGU contact): Dusty Finke ☒ DNR Representative: Wes Saunders-Pierce ☒ Watershed District or Watershed Mgmt. Org.: Minnehaha Creek Watershed District ☒ Applicant: Jeff Striggow ☒ Agent/Consultant: Melissa Barrett Optional or As Applicable: ☒ Corps of Engineers: usace_requests_mn@usace.army.mil ☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ☒ Members of the Public (notice only): Eric Trelstad, Maria Rucke ☐ Other: Signature: Date: This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3. 4. JOINT APPLICATION FORM Minnesota Interagency Water Resource Application Form – Revised May 2021 Page 3 of 12 Project Name and/or Number: 1755 Tamarack Drive, Medina, MN (KES#2023-015) PART ONE: Applicant Information If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent’s contact information must also be provided. Applicant/Landowner Name: Jeff Striggow Mailing Address: 1755 Tamarack Drive, Medina, MN Phone: 763-238-8295 E-mail Address: JeffStriggow@endisys.com Authorized Contact (do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: Melissa Barrett, Kjolhaug Environmental Services Mailing Address: 2500 Shadywood Road, Suite 130, Orono, MN 55331 Phone: 952-388-3752 E-mail Address: melissa@kjolhaugenv.com PART TWO: Site Location Information County: Hennepin City/Township: Medina Parcel ID and/or Address: 23-118-23-34-0014 Legal Description (Section, Township, Range): Section 23, T118, R23 Lat/Long (decimal degrees): 45.00965. -93.5569 Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site (acres) or if a linear project, length (feet): ~5.1-ac If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings showing the location, character, and dimensions of all proposed activities and aquatic resource impacts. Application is for delineation concurrence and after-the-fact wetland fill approval. See attached memo. Project Name and/or Number: 1755 Tamarack Drive, Medina, MN (KES#2023-015) PART FOUR: Aquatic Resource Impact'. Summary If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Aquatic Resource ID (as noted on overhead view) Aquatic q Resource Type (wetland, lake, tributary etc.) Type of Impact (fill, excavate, drain, or remove vegetation) Duration of Impact Permanent (P) or Temporary (T)' Size of Impact' Overall Size of Aquatic Resource s Existing Plant Community Type(s) in a Impact Area County, Major Watershed #, and Bank Service Area # of Impact Areas Wetland 1 Wetland Fill P 0.0421 ^'1 Wet meadow Hennepin, 20, 7 11( impacts are temporary; enter the duration of the impacts in days next to the "T". For example, a project with a temporary access fi ll that would be removed after 220 days would be entered "T (220)". rlmpacts less than 0,01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre. Tributary impacts must be reported In linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact in parentheses). For example, a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft (300 square feet). 3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp. 8, otherwise enter "N/A". 'Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3rd Ed. as modified in MN Rules 8420.0405 Subp. 2. 3Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp. 7. If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated with each: PART FIVE: Applicant Signature ❑ Check here if you are requesting a pre -application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the v rk described herein, Signature_ I hereby authorize ' to act on my behalf as my agent in the processing ofthisapplication and to furnish, upon request, supplemental information in support of this application. 1 The term "impact" as used in this joint application form is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Form — Revised May 2021 Page 4 of 12 Minnesota Interagency Water Resource Application Form – Revised May 2021 Page 5 of 12 Project Name and/or Number: 1755 Tamarack Drive, Medina, MN (KES#2023-015) Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul District (Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply): Wetland Type Confirmation Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation concurrences are generally valid for five years unless site conditions change. Under this request alone, the Corps will not address the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area (including wetlands, tributaries, lakes, etc.). Preliminary Jurisdictional Determination. A preliminary jurisdictional determination (PJD) is a non-binding written indication from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. Approved Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the affected party for five years. An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request, the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx Minnesota Interagency Water Resource Application Form – Revised May 2021 Page 7 of 12 Project Name and/or Number: 1755 Tamarack Drive, Medina, MN (KES#2023-015) Attachment C Avoidance and Minimization Project Purpose, Need, and Requirements. Clearly state the purpose of your project and need for your project. Also include a description of any specific requirements of the project as they relate to project location, project footprint, water management, and any other applicable requirements. Attach an overhead plan sheet showing all relevant features of the project (buildings, roads, etc.), aquatic resource features (impact areas noted) and construction details (grading plans, storm water management plans, etc.), referencing these as necessary: See attached memo. Avoidance. Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist. Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives that avoid all impacts to aquatic resources on the site. These alternatives may include alternative site plans, alternate sites, and/or not doing the project. Alternatives should be feasible and prudent (see MN Rules 8420.0520 Subp. 2 C). Applicants are encouraged to attach drawings and plans to support their analysis: See attached memo. Minimization. Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water resources (see MN Rules 8420.0520 Subp. 4): See attached memo. Off-Site Alternatives. An off-site alternatives analysis is not required for all permit applications. If you know that your proposal will require an individual permit (standard permit or letter of permission) from the U.S. Army Corps of Engineers, you may be required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final decision. Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project Manager. NA Minnesota Interagency Water Resource Application Form – Revised May 2021 Page 8 of 12 Project Name and/or Number: 1755 Tamarack Drive, Medina, MN (KES#2023-015) Attachment D Replacement/Compensatory Mitigation Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements. Replacement/Compensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an existing wetland bank (with an account number in the State wetland banking system) for all or part of your replacement/compensatory mitigation requirements. Wetland Bank Account # County Major Watershed # Bank Service Area # Credit Type (if applicable) Number of Credits 1643 Hennepin 20 7 Type 3 0.0540 1643 Hennepin 20 7 Type 2 0.1144 Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase agreement, signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Corps and LGU. Project-Specific Replacement/Permittee Responsible Mitigation. Complete this section if you are proposing to pursue actions (restoration, creation, preservation, etc.) to generate wetland replacement/compensatory mitigation credits for this proposed project. WCA Action Eligible for Credit1 Corps Mitigation Compensation Technique2 Acres Credit % Requested Credits Anticipated3 County Major Watershed # Bank Service Area # 1Refer to the name and subpart number in MN Rule 8420.0526. 2Refer to the technique listed in St. Paul District Policy for Wetland Compensatory Mitigation in Minnesota. 3If WCA and Corps crediting differs, then enter both numbers and distinguish which is Corps and which is WCA. Explain how each proposed action or technique will be completed (e.g. wetland hydrology will be restored by breaking the tile……) and how the proposal meets the crediting criteria associated with it. Applicants should refer to the Corps mitigation policy language, WCA rule language, and all associated Corps and WCA guidance related to the action or technique: Attach a site location map, soils map, recent aerial photograph, and any other maps to show the location and other relevant features of each wetland replacement/mitigation site. Discuss in detail existing vegetation, existing landscape features, land use (on and surrounding the site), existing soils, drainage systems (if present), and water sources and movement. Include a topographic map showing key features related to hydrology and water flow (inlets, outlets, ditches, pumps, etc.): Minnesota Interagency Water Resource Application Form – Revised May 2021 Page 9 of 12 Project Name and/or Number: 1755 Tamarack Drive, Medina, MN (KES#2023-015) Attach a map of the existing aquatic resources, associated delineation report, and any documentation of regulatory review or approval. Discuss as necessary: For actions involving construction activities, attach construction plans and specifications with all relevant details. Discuss and provide documentation of a hydrologic and hydraulic analysis of the site to define existing conditions, predict project outcomes, identify specific project performance standards and avoid adverse offsite impacts. Plans and specifications should be prepared by a licensed engineer following standard engineering practices. Discuss anticipated construction sequence and timing: For projects involving vegetation restoration, provide a vegetation establishment plan that includes information on site preparation, seed mixes and plant materials, seeding/planting plan (attach seeding/planting zone map), planting/seeding methods, vegetation maintenance, and an anticipated schedule of activities: For projects involving construction or vegetation restoration, identify and discuss goals and specific outcomes that can be determined for credit allocation. Provide a proposed credit allocation table tied to outcomes: Provide a five-year monitoring plan to address project outcomes and credit allocation: Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site: Quantify all proposed wetland credits and compare to wetland impacts to identify a proposed wetland replacement ratio. Discuss how this replacement ratio is consistent with Corps and WCA requirements: By signature below, the applicant attests to the following (only required if application involves project-specific/permittee responsible replacement):  All proposed replacement wetlands were not:  Previously restored or created under a prior approved replacement plan or permit  Drained or filled under an exemption during the previous 10 years  Restored with financial assistance from public conservation programs  Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organization that funded the restoration and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement.  The wetland will be replaced before or concurrent with the actual draining or filling of a wetland.  An irrevocable bank letter of credit, performance bond, or other acceptable security will be provided to guarantee successful completion of the wetland replacement.  Within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located and submit proof of such recording to the LGU and the Corps. Applicant or Representative: Title: Signature: Date: 5. TEP FINDINGS BWSR TEP Findings & Recommendation Form - October 2019 1 Minnesota Wetland Conservation Act Technical Evaluation Panel Form This form can be used to document TEP findings and recommendations related to WCA decisions, determinations, enforcement and pre-application reviews. Local Government Unit: City of Medina County: Hennepin Landowner/Applicant: Jeff Striglow Agent/Representative(s): Kjolhaug Environmental Project Name: 1755 Tamarack Drive Project No. (if any): WR-23-188; 23125-000 Project Location: 1755 Tamarack Drive, Medina, MN Purpose of TEP Findings/Recommendation - check all that apply and describe ☐ Pre-application review ☒ Application Review (related to WCA Decision) ☐ Local Government Road Wetland Replacement Program Eligibility ☐ WCA Determination Request ☐ Other (specify): Describe: Meeting Type – check all that apply and specify dates as applicable ☒ In-Person Meeting(s), Date(s): 7/19/2023 ☐ Electronic Exchanges (email, skype, etc.) ☐ Onsite Review(s), Date(s): ☐ Other (specify): Findings and Recommendations The TEP met onsite at 1755 Tamarack Drive to discuss the boundary/type application and after-the-fact replacement plan application (complete application 7/3/23). In attendance was the applicant, their legal representative, their wetland consultant (Kjolhaug’s Melissa Barret), the City of Medina LGU (Roxy Robertson, and Dusty Finke), BWSR (Jed Chesnut), and Hennepin County (Stacey Lijewski). The applicant provided a historic aerial photo review of the site starting in 2000 when the landowner purchased the property. The photos show varying amounts of fill being placed along the southern edge of the wetland through the years, including the construction of an outbuilding in 2021 without permit approvals. The TEP reviewed the aerial photos and the locations of the historic boundary onsite and agreed with the assessment of the historic wetland boundary. The application also outlines that fill has been placed in the wetland without permit approvals. Alternatives and minimization discussed in the application, as well as TEP comments included: -Avoidance by not constructing the outbuilding or constructing the building in a different location: site constraints were discussed including an existing outdoor kitchen, garden retaining wall, power lines, existing greenhouse, and existing land uses such as garden and fruit trees. The County noted that there are other locations on the property where the outbuilding could have been constructed while avoiding impacts to the wetland. -Minimization: a vertical retaining wall was constructed along the north property line at the wetland that subsequently reduced impacts to the wetland. In conversation with BWSR, by voluntarily restoring a portion of the wetland, the applicant is making an effort to meet minimization requirements for sequencing. Portions of the filled area are not needed for the integrity or use of the building. The TEP discussed ideas for appropriate voluntary restoration efforts for portions of the filled wetland that have the potential to be restored. Ideas from the County included removal of fill with restoration and BWSR TEP Findings & Recommendation Form - October 2019 2 maintenance of vegetation within either or both the restored areas and the entire wetland basin. The TEP determined a contour for the wetland restoration at the invert of an existing culvert into the wetland that appears to be the original grade of the wetland. The fill should be removed, and native vegetation should be installed and maintained to some degree. The County suggested that a minimum of 2 monitoring reports be completed for the vegetation and that 3-5 years of maintenance be required along with an escrow for the work. The County also suggested specific deadlines for completion of the work, maintenance, and monitoring in subsequent years. The remaining impacted area under the building pad/building is less reasonable to restore and the TEP discussed replacement for those impacts through the purchase of wetland bank credits. The TEP recommended a 4:1 replacement ratio because no just cause for the impacts was identified. The County requested that 1:1 mitigation be purchased from within Hennepin County if credits are available. The applicant will submit a modified application to the LGU that includes the proposed voluntary restoration with a schedule, restoration plan, and monitoring plan. The modified application will also include the proposed replacement plan for the remaining impacts to be replaced for at a 4:1 ratio. Not discussed at the TEP meeting, but sent in an email from the LGU to the applicant on 7/20/23, the LGU would like this modified application submitted within 30 days. ☐ Attachment(s) (specify): DNR Protected Waters and Shoreland Protection Zone Will the project/activity affect DNR public waters, DNR public waters wetlands or wetlands within the shoreland protection zone? ☐ Yes ☒ No If yes, DNR representative is a member of the TEP. Signatures ☒ LGU TEP Member: Roxy Robertson Agree with Findings & Recommendations: ☒ Yes ☐ No Signature: Date: 7/20/23 ☒ SWCD TEP Member: Stacey Lijewski Agree with Findings & Recommendations: ☒ Yes ☐ No Signature: Date: 7-26-23 ☒ BWSR TEP Member: Jed Chesnut Agree with Findings & Recommendations: ☒ Yes ☐ No Signature: Date: 7/27/23 ☐ DNR TEP Member: Agree with Findings & Recommendations: ☐ Yes ☐ No Signature: Date: Planning Department Update Page 1 of 2 September 5, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: August 31, 2023 MEETING: September 5, 2023 City Council SUBJECT: Planning Department Updates Land Use Application Review A) School Lake Nature Preserve 3rd Addition and PUD Amendment – School Lake Nature Preserve LLC has requested to separate the area of the formal garden from one of the lots within the development. The garden area is proposed as a stand alone outlot. The Planning Commission reviewed at their June 13 meeting and unanimously recommended approval. The Council reviewed on July 5 and directed staff to prepare approval documents, after the applicant has provided updates to the plat. Staff will present the approval docs after the plat is updated. B) 1225 Maplewood Concept Plan – John and Lisa James have requested review of a concept plan for a three-lot subdivision. Staff is conducting preliminary review and will schedule for a public hearing when complete, potentially at the August Planning Commission meeting. C) 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 and Council provided comments in the fall of 2022. The developer held a series of neighborhood workshops with neighboring property owners, and intends to meet again on September 21, 2023. D) Preserve of Medina (fka Blooming Meadows) – east of Holy Name Dr, north of CR24 – Tim Boser has requested PUD General Plan and Preliminary Plat approval for a 5-lot rural subdivision. The applicant proposes to restore a large area of wetlands and create a wetland bank in addition to the lots. The City Council granted general plan of development and preliminary plat approval on August 2. Staff will await final plat application. E) Cates Industrial Park – Comprehensive Plan Amendment– Oppidan has requested final plat approval for a 310,000 square foot warehouse/office development east of Willow Drive, north of Chippewa Road. Staff has been informed that the acquisition may not be proceeding. Staff is investigating to determine what action, if any, is necessary with pending applications. F) 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 amended PUD and Final Plat approval at the April 18 meeting. The applicant has indicated that they now do not plan to start construction until the spring of 2024. G) Grossman Septic Variance – 3082 Highway 55 – Jaymes Grossman has requested a variance for the setback for a septic system from wetlands to replace an existing system. The Council approved the variance at the August 15 meeting and the project will now be closed. H) BAPS Site Plan Review – 1400 Hamel Road – BAPS Minneapolis Medina has requested an amendment to their approved site plan review. The Council approved the amended Site Plan Review at the December 6, 2022 meeting. The applicant has indicated that they may potentially begin construction during the spring of 2024. MEMORANDUM Planning Department Update Page 2 of 2 September 5, 2023 City Council Meeting I) Hamel Townhomes Final Plat – 342 Hamel Rd – Hamel Townhomes, LLC has requested final plat approval for a 30-unit townhome development. The Council granted final plat approval on August 16. Staff will work with the applicant to finalize documents prior to beginning of construction. J) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition to its building. The application is incomplete for review and will be scheduled for a hearing when complete. K) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting final plat application. Other Projects A) Wetland Enforcement – staff will present a proposed after-the-fact replacement plan and restoration plan related to wetland violations at 1755 Tamarack Drive at the September 5 meeting. B) Morningside/Maplewood ravine and pond – staff has been coordinating with Minnehaha Creek Watershed staff related to grant funds for the project. Staff will present a Memorandum of Understanding related to the project at the September 5 meeting. WSB staff is also proceeding with modeling and feasibility report. C) Hillview Lane South – The City of Loretto has notified Medina that they are considering a street reconstruction for Hillview Lane South and Meadow Drive in Loretto. Two parcels in Medina abut and access Hillview Lane. Staff responded that we would present to Council, but that Loretto would need to be responsible for costs and risk of assessment challenges. Loretto staff thanked Medina for consideration, but decided to proceed without asking Medina to assess Medina owners. D) Tree Preservation Ordinance – staff presented the Tree Preservation Ordinance to the Planning Commission for preliminary discussion. The Council engaged with some feedback during the Planning Commission report on August 15. Staff intends to present back to the Planning Commission at the September 12 meeting. E) City Hall cell phone/back up internet improvement – staff met with our new cell phone service provider (FirstNet/AT&T) related to poor cell phone service at City Hall. Back-up internet at City Hall will also be provided via cellular service. FirstNet is providing options for an antennae booster at City Hall which will help with AT&T service at City Hall, including our backup cellular service. Public Works is looking at options for attaching antennae to the building. F) Edible Cannabinoid Products Ordinance – City Attorney Anderson prepared a draft ordinance which would prohibit the sale of the hemp derived edible cannabinoid products (ECPs) prior to the time sale is licensed by the State of Minnesota under the new cannabis legislation approved during 2023. Staff intends to present for a hearing at the Planning Commission on September 12. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: August 31, 2023 RE: Police Department Updates Police officer applicant interviews were conducted the past two weeks. No applicants proceeded past the second interview. We have reopened the recruitment process with our updated 2024 projected wages after the union contract was settled. We are hoping that this will be more attractive to those looking for jobs. As of today, there are 202 agencies throughout the state that are currently hiring and many of those are looking to hire more than one officer. Sergeant Boecker is hoping to finish up the background on Community Service Officer Wiese by September 1st. CSO Wiese has completed everything in his conditional offer for the position of police officer. There are a few administrative things to complete and then you will see him move from a light blue uniform to a dark blue uniform in the upcoming weeks. This will fill our vacancy that was created when Officer Scharf left. We still have an opening that will backfill for Sergeant Hall’s promotion. As you remember, he was promoted on July 1st this year to Sergeant but is still filling in the patrol schedule until a replacement can be hired. Looking forward to the upcoming months. We also have an anticipated retirement in February 2024. In a perfect world we would like to have a replacement hired as well before that retirement. We currently are looking for Community Service Officers as well. We have one immediate vacant opening and a second to follow in the next two weeks. If you know of anyone who is looking for a cool, part-time job after retirement or a person just going to college, we would welcome them to contact our office. Our records management consortium (LMAC) has decided to move forward with a secure plan for data migration from our current cloud hosted environment through our current vender LETG to an onsite server at the South Lake Police Department. LMAC feels the need to have control over our data at a local level after issues have occurred over the past year where there were concerns that data had been lost. This gives us some security as we move into the next phases of looking for a new records management solution in the next few years. I feel confident that we are moving in the right direction. There will be a data migration agreement on the consent agenda. The city attorney’s office has been involved on this agreement as well. Our Lake Minnetonka Emergency Management group met last week, and we are currently working on updating our local plans. We have decided to start the process of doing tabletop exercises with a weather-related incident (tornado) being the focus. The goal is to get the first tabletop completed in November this year with a second in the spring of 2024. The goal for these tabletops is to eventually morph into a fully functional exercise in a year or two. This allows us to look at our entire lakes area emergency plan that covers many disciplines: police, fire, EMS, public works, communications, Red Cross, civic groups, etc. It has been many years since we have built up to a fully functional exercise. Patrol: The following are updates of Patrol Officers between August 9th, 2023, and August 29th, 2023: Citations – 36 Warnings – 112 PD Accidents – 8 PI Accidents – 1 Medicals – 16 Falls – 9 Suspicious Calls – 13 Traffic Complaints – 7 Other Agency Assists – 14 Business/Residential Alarm- 18 Welfare Checks - 4 Disturbance Calls - 14 On 08/10/2023 at 0804 hours officer responded to take a fraud report at the Medina Inn. Victim reported receiving solicited request to become a secret shopper for Krogers. Victim was asked to purchase $1850 in gift cards after company sent a cashier’s check for $2250. Victim provided card numbers and codes to suspect and later learned the cashier’s check sent was no good. Victim is working with their bank to get any money refunded. On 08/11/2023 at 1731 hours officers were dispatched to a reported domestic in the 400 block of Hamel Road. Officers had responded to this residence earlier in the day and the male and female were advised to keep separate in the home as neither was willing to leave to diffuse things. Male stated female scratched him, and officers did locate suspected injuries consistent with his story. Female was arrested for domestic assault and was transported to Hennepin County Jail. On 08/11/2023 in the evening hours officers received multiple loud music complaints from various residents in the city on the northern half of the city. Music was found to be coming from the Corcoran Country Daze celebration at Lions Park in Corcoran. On 08/13/2023 at 0053 hours officers were dispatched to a domestic/mental health issue in the 4100 block of Prairie View Trail. It was reported a 15-year-old male was being threatening towards his parents. Upon arrival the officer spoke with all involved and then had everyone sit down together to discuss the situation. It was determined that nothing criminal took place. Follow up to be completed by the embedded social worker. On 08/14/2023 at 1702 hours officer was dispatched to Hunter Park on a vandalism call. Caller reported people sitting on chairs on the pickleball courts. Officer advised the players of the posted rules regarding chairs on the court. On 08/15/2023 at 1642 hours officer was called to a possible burglary in progress at a CenturyLink building along Pinto Drive. A CenturyLink employee reported arriving to drop off a work truck and finding unknown males going in and out of the building removing some wiring. Upon arrival the officer made contact with the males who advised they were doing subcontract work for CenturyLink. The employee contacted a supervisor and verified they were supposed to be there. On 08/15/2023 officer responded to the 1100 block of Medina Road on a burglary report. Homeowner reported someone entered the vacant residence and stole several collectible toys and memorabilia that was being stored at the residence. On 08/16/2023 officer again responded to 1100 block of Medina Road for another burglary report. Someone entered the residence again and stole additional items. Surveillance equipment was activated and placed at the residence. Within an hour of activating the equipment, officers received notification that a vehicle had entered the property. Upon arrival in the area officers found the vehicle parked near the garage of the home. Officers set up a perimeter and eventually moved in and found a male and female on site with the front door to the home standing open and additional property from the home sitting next to the car in the driveway and also inside the vehicle. Both the male and female were arrested for burglary. While the investigation was still active, officer received a phone call from the mother of the female suspect who reported both suspects had been living with her and recently brought over numerous items consistent with what was reported missing from the Medina Road residence. Our Investigator was called in and a search warrant was executed at a residence in Crystal. Numerous articles were recovered that were believed to have been stolen from the residence from the previous burglaries. The case has been forwarded to the Hennepin County Attorney’s Office for charging. On 08/18/2023 at 0205 hours officer responded to a vehicle theft that had just occurred in the 2400 block of Holy Name Drive. Owner reported keys and purse were left in the vehicle in the driveway and someone took the vehicle. Theft is believed to be part of a string of recent vehicle thefts around the suburbs involving a group of car theft suspects. The vehicle was later recovered in north Minneapolis. On 08/18/2023 at 2203 hours Officer was dispatched to an assault report in the 200 block of Sunnyridge Lane. Victim reported being at Detour 19 earlier in the evening and a known female acquaintance threw a glass at him which hit him in his head causing a small cut. The female suspect was then escorted out of the bar and the victim was tended to by employees before going home. Victim wanted to pursue charges against the female for assault. The case was forwarded to investigations for follow up and then the city attorney for charging. On 08/20/2023 officer assisted Plymouth PD on car prowlers in the 18000 block of 60th Avenue North. Plymouth PD located a suspect vehicle which fled eventually turning east on Highway 55. Suspect vehicle was a fresh stolen from Chanhassen. Believed to be related to the group targeting the suburbs and our Holy Name vehicle theft. On 08/22/2023 at 1957 hours officer was dispatched to a head injury at Woodridge Church. A bicyclist had been riding along County Road 24 when he drifted off the roadway and crashed into the ditch. Unknown if the patient was transported by ambulance to the hospital as paramedics cleared officers from the scene. On 08/23/2023 officer took an extra patrol request at Automotorplex. Construction workers reported sometime overnight 35 sheets of plywood was stolen from the site. Construction workers requesting extra patrol at the site during the overnight hours. On 08/25/2023 at 1459 hours officers responded to a personal injury accident at Highway 55 and Clydesdale Circle. Upon arrival officers found a two-car accident with minor injuries. One driver reported he had been eastbound on Highway 55 and looked down at his vehicle screen and did not see the light change to red. He ran the red light and struck a vehicle that was northbound turning west on Highway 55 from the frontage road. Driver was cited for running the red light causing the accident. On 08/26/2023 at 2158 hours officer received a vandalism report. Resident in the 3200 block of Butternut Drive reported their residence being egged approximately 30-40 minutes prior. No suspect information was provided. Homeowner was advised to clean the egg off and report any permanent damage. On 08/29/2023 at 2344 hours officers assisted Corcoran PD with a pursuit which began in the area of County Road 10/County Road 50. Suspect vehicle fled west on County Road 10. Officer was able to get ahead of the pursuit and deployed newly purchased Stop Sticks which were successful in deflating both front tires on the suspect vehicle. Shortly after, Corcoran officers performed a couple PIT maneuvers and the vehicle ended up driving off the road a short distance becoming stuck in some brush near the railroad tracks. The suspect refused to comply with commands. HCSO deployed less than lethal rounds which broke out the rear window on the vehicle and then deployed pepper balls into the vehicle which caused the driver to surrender. He was transported to the hospital for evaluation and then booked by Corcoran PD on fleeing an officer in a motor vehicle and DWI. Investigations: Called in for a burglary on Medina Road. Search warrants were obtained. Two suspects arrested at the scene. A stolen vehicle from our city was recovered. Crime Lab processed the vehicle. A search warrant was obtained for a phone. Received an assault case which was sent to the city prosecutor for charging. Received multiple fraud cases. Subpoenas were obtained. Investigations currently as 10 open/active cases. 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: August 31, 2023 MEETING: September 5, 2023 SUBJECT: Public Works Update Streets • The road reclaim was done on August 14th on Townline Road1. Public Works spent a good part of two weeks removing the material starting at Juniper Curve heading south 1,400 feet through the Medina portion of the street. I am tracking the hours and equipment Medina has contributed to this project. • Striping has been completed on Hunter Drive north, Hamel Road, Meander Road, Evergreen East and Westfalen. • Public Works has begun mowing the roadsides for the second time this season. • A memo is in your packet for trail sealcoating services. We have utilized Gopher State in the past, they are competitive, and I’ve been happy with their work. Water/Sewer/Stormwater • The water system has been running smooth over the past couple of weeks. We are pumping at 1 to 1.2 million gallons per day to the system on an average summer day. We are pumping another 0.5 million, on some days, to the Enclave storm ponds for irrigation. • The Willow Drive Lift Station Project1 is well on its way. The force main has been installed, the pipe across Willow to the Adams Pest Control project is installed, and they are now installing the wet well. We are on schedule for a late September or early October startup date. Parks/Trails • After a long wait, our contractor was finally able to resurface the tennis and basketball courts at Hamel Legion Park. One of the courts was once again striped for multi-use (tennis or pickleball), and they look great. • The grandstand project is well on its way; the soil corrections have been made and the concrete is ready to be installed. • The contractor removed the pickle ball sound study equipment and is calculating the data. The plan is to present the results at the September Park Commission meeting. • The seating areas2 at Lakeshore Park are complete, staff has received several positive comments about the new viewing areas. Benches are on order and will be installed as MEMORANDUM 2 soon as they arrive. We will be getting the kayak racks installed in the next couple of weeks. • Public Works will again reseed the baseball field at Hunter Park soon and will use temporary irrigation to get the grass started. • Public Works will help with setup at Celebration Day. We also plan to have a couple of pieces of equipment on hand for the event. Other • The compost has been fully removed from the compost site and the wood waste is approximately half of the way removed. We are hoping by next week the contractor will be back to take the rest. • A proposal is in your packet to investigate emerald ash borer grant opportunities and options that might be applicable for Medina. A quote has been included from WSB. • I will be out of the office from September 9th to the 24th. Photos 1. 2. ORDER CHECKS AUGUST 15, 2023 – SEPTEMBER 5, 2023 054716 GEISON MOURA ....................................................................... $500.00 054717 ALL AMERICAN TITLE CO., INC ............................................... $137.82 054718 ASRANI, DEEPAK ..................................................................... $250.00 054719 ASSOCIA MINNESOTA ............................................................. $250.00 054720 BHARGAVI, LAKSHMI ............................................................... $250.00 054721 CASH......................................................................................... $100.00 REPLENISH PETTY CASH 054722 DURAIMANICKAM, SUJATHA .................................................. $500.00 054723 FIRST AMERICAN TITLE INSURANCE .................................... $437.69 054724 GANDHI, PALAK ....................................................................... $500.00 054725 HARTMAN HOMES .............................................................. $10,000.00 054726 KHAWAJA, MAHRUKH .............................................................. $500.00 054727 US HOME CORP ......................................................................... $37.57 054728 LEXISNEXIS RISK DATA MGMT INC .......................................... $47.50 054729 MEDINA GOLF & COUNTRY CLUB .......................................... $100.00 054730 MEDTOX LABS ........................................................................... $94.57 054731 MYERS, MARK/MEGAN ............................................................ $134.86 054732 NECHANICKY, BETH .................................................................. $89.56 054733 NORTHWEST FAMILY PHYSICIANS .......................................... $67.00 054734 ODP BUSINESS SOLUTION LLC .............................................. $414.27 054735 PARTHASARATHY, MEERA ..................................................... $500.00 054736 ROLF ERICKSON ENTERPRISES INC ................................ $12,808.92 054737 SCHARF, ANDREW .................................................................. $334.18 054738 SCHERERS PUMPKIN PATCH ................................................. $180.00 054739 SOLUTION BUILDERS INC .................................................... $1,680.22 054740 STANDARD INSURANCE COMPANY .................................... $1,142.95 054741 WHITNEY, BROOKE/DAVID ....................................................... $65.82 054742 ALTERNATIVE BUSINESS FURNITURE ............................... $5,455.94 054743 ASPEN MILLS INC ................................................................. $1,589.08 054744 BEAUDRY OIL & PROPANE .................................................. $4,112.22 054745 C & H SPORT SURFACES, INC ........................................... $19,950.00 054746 CONTEMPORARY IMAGES ........................................................ $40.73 054747 CORE & MAIN LP ...................................................................... $397.66 054748 DESIGNING NATURE, INC. ...................................................... $888.00 054749 EARL F ANDERSEN INC .......................................................... $128.90 054750 ECM PUBLISHERS INC ............................................................ $394.82 054751 EHLERS & ASSOC INC. ......................................................... $5,412.50 054752 EMPIRE PIPE SERVICES .................................................... $30,769.90 054753 HAWKINS INC. ....................................................................... $6,210.57 054754 LORETTO AUTO BODY ............................................................ $602.00 054755 METRO WEST INSPECTION ................................................. $7,473.17 054756 NAPA OF CORCORAN INC ........................................................ $66.93 054757 NUTRIEN AG SOLUTIONS, INC ............................................ $3,702.10 054758 OAK RIDGE PET BOARDING ................................................... $265.00 054759 PEARSON BROS., INC. ....................................................... $18,600.00 054760 PREMIUM WATERS INC ............................................................. $19.49 054761 RUSSELL SECURITY RESOURCE INC ................................. $2,010.00 054762 SIEMENS INDUSTRY INC...................................................... $1,553.88 054763 SORENSEN CONSULTING ....................................................... $500.00 054764 STOP STICK, LTD ..................................................................... $390.00 054765 STREICHER'S ............................................................................. $66.98 054766 SUMMIT COMPANIES ........................................................... $2,095.00 054767 SUN LIFE FINANCIAL ............................................................... $704.08 054768 TEGRETE CORP .................................................................... $1,418.00 054769 SSI MN TRANCHE 1 #10322006 ............................................ $5,765.34 054770 SSI MN TRANCHE 3 #10327096 ............................................ $7,702.31 054771 WHITE CAP, LP...................................................................... $8,242.35 Total Checks $167,649.88 ELECTRONIC PAYMENTS AUGUST 15, 2023 – SEPTEMBER 5, 2023 006956E MARCO (LEASE) .................................................................... $1,867.82 006957E PR PERA .............................................................................. $20,783.88 006958E PR FED/FICA ....................................................................... $20,514.78 006959E PR MN Deferred Comp ........................................................... $3,917.47 006960E PR STATE OF MINNESOTA .................................................. $4,590.42 006961E CITY OF MEDINA ........................................................................ $25.00 006962E FURTHER .............................................................................. $2,127.39 006963E FARMERS STATE BANK OF HAMEL ......................................... $20.00 006964E FURTHER ................................................................................. $769.24 006965E FARMERS STATE BANK OF HAMEL ......................................... $10.00 006966E PR PERA .............................................................................. $20,927.33 006967E PR FED/FICA ....................................................................... $21,325.03 006968E PR MN Deferred Comp ........................................................... $3,917.47 006969E PR STATE OF MINNESOTA .................................................. $4,748.95 006970E CITY OF MEDINA ........................................................................ $25.00 006971E FURTHER .............................................................................. $2,127.39 006972E AFLAC ....................................................................................... $491.08 006973E CIPHER LABORATORIES INC. .............................................. $1,407.00 006974E ELAN FINANCIAL SERVICE .................................................. $5,720.25 006975E FARMERS STATE BANK OF HAMEL ......................................... $28.25 006976E FP MAILING SOL POSTAGE BY PHON ................................. $1,000.00 006977E FURTHER ................................................................................. $123.52 006978E MEDIACOM OF MN LLC ........................................................ $1,085.95 006979E MINNESOTA, STATE OF ....................................................... $2,679.00 006980E CENTERPOINT ENERGY ......................................................... $347.32 006981E GREAT AMERICA FINANCIAL SERVI ...................................... $178.95 006982E CITY OF PLYMOUTH ............................................................. $1,190.64 006983E WRIGHT HENN COOP ELEC ASSN ...................................... $2,348.39 006984E FARMERS STATE BANK OF HAMEL ....................................... $150.00 Total Electronic Checks $124,447.52 PAYROLL DIRECT DEPOSITS AUGUST 16, 2023 & AUGUST 30, 2023 0512933 WIESE, TANNER L ................................................................. $1,012.72 0512934 ALTENDORF, JENNIFER L. ................................................... $1,171.01 0512935 BARNHART, ERIN A. ............................................................. $2,882.60 0512936 BOECKER, KEVIN D. ............................................................. $3,862.14 0512937 CONVERSE, KEITH A. ........................................................... $2,202.45 0512938 DEMARS, LISA ....................................................................... $1,614.87 0512939 DION, DEBRA A. .................................................................... $2,198.99 0512940 ENDE, JOSEPH...................................................................... $2,443.56 0512941 FINKE, DUSTIN D. ................................................................. $3,122.31 0512942 GLEASON, JOHN M. .............................................................. $2,226.86 0512943 GREGORY, THOMAS ............................................................ $2,559.31 0512944 GROTH, BRENNA L ............................................................... $1,504.54 0512945 HALL, DAVID M. ..................................................................... $2,586.79 0512946 HANSON, JUSTIN .................................................................. $2,865.47 0512947 JOHNSON, SCOTT T. ............................................................ $2,784.01 0512948 KLAERS, ANNE M. ................................................................. $1,750.80 0512949 LEUER, GREGORY J. ............................................................ $1,937.82 0512950 MCGILL, CHRISTOPHER R. .................................................. $1,809.80 0512951 MCKINLEY, JOSHUA D .......................................................... $2,405.98 0512952 MYHRE, JORDAN J ............................................................... $2,432.82 0512953 NELSON, JASON ................................................................... $3,044.17 0512954 RATKE, TREVOR J ................................................................ $2,524.50 0512955 REINKING, DEREK M ............................................................ $2,199.09 0512956 RUCKE, MARIA ...................................................................... $1,866.70 0512957 SCHEIBE, CONNIE L ............................................................. $1,599.50 0512958 SCHERER, STEVEN T. .......................................................... $2,730.27 0512959 VINCK, JOHN J ...................................................................... $2,394.93 0512960 VOGEL, NICHOLE .................................................................. $1,107.22 0512961 WALKER, CAITLYN M. ........................................................... $2,056.30 0512962 BURSCH, JEFFREY ............................................................... $1,506.35 0512963 WIESE, TANNER L .................................................................... $786.61 0512964 ALTENDORF, JENNIFER L. ................................................... $1,171.02 0512965 BARNHART, ERIN A. ............................................................. $2,885.35 0512966 BOECKER, KEVIN D. ............................................................. $4,232.20 0512967 CONVERSE, KEITH A. ........................................................... $2,296.80 0512968 DEMARS, LISA ....................................................................... $1,776.43 0512969 DION, DEBRA A. .................................................................... $2,272.72 0512970 ENDE, JOSEPH...................................................................... $2,228.62 0512971 FINKE, DUSTIN D. ................................................................. $3,158.97 0512972 GLEASON, JOHN M. .............................................................. $2,445.36 0512973 GREGORY, THOMAS ............................................................ $2,324.01 0512974 GROTH, BRENNA L ............................................................... $1,517.57 0512975 HALL, DAVID M. ..................................................................... $2,741.83 0512976 HANSON, JUSTIN .................................................................. $2,891.54 0512977 JOHNSON, SCOTT T. ............................................................ $2,809.66 0512978 KLAERS, ANNE M. ................................................................. $1,782.72 0512979 LEUER, GREGORY J. ............................................................ $2,567.78 0512980 MCGILL, CHRISTOPHER R. .................................................. $1,943.25 0512981 MCKINLEY, JOSHUA D .......................................................... $2,466.40 0512982 MYHRE, JORDAN J ............................................................... $2,840.27 0512983 NELSON, JASON ................................................................... $3,156.08 0512984 RATKE, TREVOR J ................................................................ $2,115.44 0512985 REINKING, DEREK M ............................................................ $2,677.86 0512986 RUCKE, MARIA ...................................................................... $1,894.90 0512987 SCHEIBE, CONNIE L ............................................................. $1,599.50 0512988 SCHERER, STEVEN T. .......................................................... $2,900.82 0512989 VINCK, JOHN J ...................................................................... $2,020.56 0512990 VOGEL, NICHOLE .................................................................. $1,077.11 0512991 WALKER, CAITLYN M. ........................................................... $2,056.30 0512992 BURSCH, JEFFREY ............................................................... $1,626.61 Total Payroll Direct Deposit $134,668.17