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HomeMy WebLinkAbout03-13-2023 City Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, March 13, 2023 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 6:00 P.M. Council Chambers (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call - Lyden, Stoesz, Ruhland, Cavegn, Rafferty were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment (in person or received in writing prior to meeting) There were no comments. ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented. SPECIAL PRESENTATION Service Recognition - Lino Lakes Advisory Board Members 1. CONSENT AGENDA A) Consider Approval of Expenditures for March 13, 2023 (Check No. 118111 through 118264) in the Amount of $641,909.80 B) Consider Approval of February 6, 2023 Work Session Minutes C) Consider Approval of February 6, 2023 Closed Council Session Minutes D) Consider Approval of February 13, 2023 Work Session Minutes E) Consider Approval of February 13, 2023 Council Meeting Minutes F) Consider Approval of Application for Aquinas Roman Catholic Home Education Services (ARCHES) to Conduct Excluded Bingo Event G) Consider Approval of the Hiring of Part-Time Staff for The Rookery Action Taken: Motion by Cavegn, seconded by Lyden, to approve Consent Agenda Items 1A through 1G, as presented, was adopted Council Agenda -2- March 13, 2023 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Part-time Firefighter, Meg Sawyer Action Taken: Motion by Ruhland, seconded by Cavegn, to approve the appointment of Joshua Buganski as recommended, was adopted B) Consider Appointment of Paid On-Call Firefighter, Meg Sawyer Action Taken: Motion by Cavegn, seconded by Lyden, to approve the appointment of Ashley Rodvik as recommended, was adopted C) Consider Appointment of Custodial Worker, Meg Sawyer Action Taken: Motion by Cavegn, seconded by Ruhland, to approve the appointment of Ryan McConville as recommended, was adopted D) Consider Appointment of City Clerk, Meg Sawyer Action Taken: Motion by Cavegn, seconded by Ruhland, to approve the appointment of Jolleen Chaika as recommended, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Donation of Bicycles, John Swenson Action Taken: Motion by Lyden, seconded by Stoesz, to authorize the donation as recommended, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider 1st Reading of Ordinance No. 01-23 City Code Chapter 1010: Signs, Katie Larsen Action Taken: Motion by Ruhland, seconded by Cavegn, to approve the 1st Reading of Ordinance No. 01-23 as presented, was adopted B) Consider Resolution No. 23-20 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure and Approving Certificate of Real Property, Diane Hankee Action Taken: Motion by Ruhland, seconded by Cavegn, to approve Resolution No. 23-20 as presented, was adopted 7. UNFINISHED BUSINESS None Council Agenda -3- March 13, 2023 8. NEW BUSINESS None Adjournment Action Taken: Motion by Stoesz, seconded by Ruhland, to adjourn at 6:49 p.m., was adopted Community Calendar – A Look Ahead March 13, 2023 through March 27, 2023 Monday, March 27 6:00 pm, Community Room Council Work Session Monday, March 27 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL AGENDA Monday, March 13, 2023 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 6:00 P.M. Council Chambers (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment (in person or received in writing prior to meeting)  Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION Service Recognition - Lino Lakes Advisory Board Members 1. CONSENT AGENDA A) Consider Approval of Expenditures for March 13, 2023 (Check No. 118111 through 118264) in the Amount of $641,909.80 B) Consider Approval of February 6, 2023 Work Session Minutes C) Consider Approval of February 6, 2023 Closed Council Session Minutes D) Consider Approval of February 13, 2023 Work Session Minutes E) Consider Approval of February 13, 2023 Council Meeting Minutes F) Consider Approval of Application for Aquinas Roman Catholic Home Education Services (ARCHES) to Conduct Excluded Bingo Event G) Consider Approval of the Hiring of Part-Time Staff for The Rookery 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Part-time Firefighter, Meg Sawyer Council Agenda -2- March 13, 2023 B) Consider Appointment of Paid On-Call Firefighter, Meg Sawyer C) Consider Appointment of Custodial Worker, Meg Sawyer D) Consider Appointment of City Clerk, Meg Sawyer 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Donation of Bicycles, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider 1st Reading of Ordinance No. 01-23 City Code Chapter 1010: Signs, Katie Larsen B) Consider Resolution No. 23-20 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure and Approving Certificate of Real Property, Diane Hankee 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead March 13, 2023 through March 27, 2023 Monday, March 27 6:00 pm, Community Room Council Work Session Monday, March 27 6:30 pm, Council Chambers City Council Meeting + Expenditures March 13, 2023 Check #118111 to #118264 $641,909.80 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting March 13, 2023 Transfer In/(Out) 2/3/2023 H.S.A. Employer Contribution (6,124.84) 2/13/2023 Transfer from FRB Money Market 400,000.00 2/15/2023 Building Permit Surcharge (1,025.25) 2/20/2023 Sales & Use Tax (4,122.00) 2/17/2023 Payroll #04 (193,326.02) 2/17/2023 Payroll #04 Federal Deposit (53,471.49) 2/17/2023 Payroll #04 PERA (55,533.47) 2/17/2023 Payroll #04 State (11,591.76) 2/17/2023 Payroll #04 Child Support (856.06) 2/17/2023 Payroll #04 H.S.A. Bank Pretax (2,715.16) 2/17/2023 Payroll #04 TASC Pretax (1,309.54) 2/17/2023 Payroll #04 Mission Sq 457 Def. Comp #301596 (2,570.00) 2/17/2023 Payroll #04 Missin Sq Roth IRA #706155 (825.00) 2/17/2023 Payroll #04 MSRS HCSP #98946-01 (4,967.25) 2/17/2023 Payroll #04 MSRS Def. Comp #98945-01 (4,055.00) 2/17/2023 Payroll #04 MSRS Roth IRA #98945-01 (834.00) 3/3/2023 Council #03 Payroll (3,487.69) 3/3/2023 Council #03 Federal Deposit (202.30) 3/3/2023 Council #03 PERA (387.16) 3/3/2023 Council #03 State (44.08) 3/3/2023 Payroll #05 (191,013.50) 3/3/2023 Payroll #05 Federal Deposit (54,036.20) 3/3/2023 Payroll #05 PERA (54,687.66) 3/3/2023 Payroll #05 State (11,749.43) 3/3/2023 Payroll #05 Child Support (856.06) 3/3/2023 Payroll #05 H.S.A. Bank Pretax (2,715.16) 3/3/2023 Payroll #05 TASC Pretax (1,309.54) 3/3/2023 Payroll #05 Mission Sq 457 Def. Comp #301596 (4,222.00) 3/3/2023 Payroll #05 Missin Sq Roth IRA #706155 (825.00) 3/3/2023 Payroll #05 MSRS HCSP #98946-01 (4,956.74) 3/3/2023 Payroll #05 MSRS Def. Comp #98945-01 (5,521.00) 3/3/2023 Payroll #05 MSRS Roth IRA #98945-01 (834.00) 3/15/2023 Building Permit Surcharge (3,126.52) 3/20/2023 Sales & Use Tax (7,235.00) CITY COUNCIL WORK SESSION DRAFT 1 LINO LAKES CITY COUNCIL 1 WORK SESSION 2 MINUTES 3 4 DATE : February 6, 2023 5 TIME STARTED : 6:00 p.m. 6 TIME ENDED : 9:18 p.m. 7 MEMBERS PRESENT : Councilmembers Stoesz, Lyden, Ruhland, Cavegn, 8 Mayor Rafferty 9 MEMBERS ABSENT : 10 Staff members present: City Administrator Sarah Cotton; Finance Director/ City Clerk Hannah 11 Lynch; Community Development Director Michael Grochala; Human Resources and 12 Communications Manager Meg Sawyer; Environmental Coordinator Andrew Nelson; Director 13 of Public Safety John Swenson; Public Services Director Rick DeGardner 14 1. Advisory Board Interview 15 The Advisory Board Interview was cancelled. 16 2. Review Regular Agenda 17 Item 1 — Draft 2023-2027 Financial Plan — Finance Director/City Clerk Lynch gave a 18 summary of her written staff report noting the City has not had a 5-year financial plan since 19 2012. The plan is a guiding document for decision-making and will be updated on an annual 20 basis; many surrounding communities have a capital plan similar to this document. She shared 21 about pages 11 and 12 noting key highlights over the next five years include an increased tax 22 levy and tax rate. Ms. Lynch clarified the main contributors to the tax rate increase in the plan is 23 due to 2024-2025 street reconstruction, fire apparatus, and capital equipment replacement. She 24 explained that by accepting the plan the Council isn’t agreeing to purchase or fund all 25 components of the plan, it is just a guide to work through. Ms. Lynch walked the City Council 26 through a presentation noting projects and funding for 2024-2027 are not authorized until the 27 annual budget for those years comes before the City Council; however, everything in 2023 was 28 approved on December 12, 2022. The Councilmembers discussed tax base (including 29 commerical and residential growth assumptions), tax rates, tax increment financing (TIF), 30 County/State aid on projects, and potentially watermarking the document so the public 31 understands that it is not a final adopted budget for 2024-2028. Ms. Lynch shared about next 32 steps to accept the plan, solidify it, and roll it forward for 2024-2028. 33 Councilmember Lyden would like to sit down as a City Council to prioritize and talk about 34 priorities and how they align with the City’s five-year plan. 35 Mayor Rafferty would like to prioritize discussion on the air handling situation at City Hall and 36 the Public Works facility design. Ms. Lynch noted these two items could be discussed at a future 37 work session. 38 Ms. Cotton explained the City Council will see an updated version of this plan as the City works 39 through the 2024 budget process. 40 CITY COUNCIL WORK SESSION DRAFT 2 Mayor Rafferty noted they could move forward at one of the next City Council meetings with 41 accepting the plan. Ms. Cotton explained the City will need to hold a public hearing prior to the 42 Council considering acceptance of the plan. 43 44 Item 2 — Organics Enclosure — Environmental Coordinator Nelson gave a summary of his 45 written staff report noting the City has 475 households participating in the organics program and 46 the carts they are currently using need to be expanded by using dumpsters. A grant was received 47 for an enclosure in 2022 with an extension for construction in the spring of 2023. He shared 48 about potential locations, setbacks, and concerns from residents, as well as the proposed location 49 at Sunrise Park. 50 51 Joe Hill, 6933 Sunrise Drive, stated the enclosure should be set away from the soccer and 52 baseball fields, swing sets, and hockey rink and stated this is not a spot for the organics 53 enclosure. 54 55 A member of the public (Sunrise Drive) expressed concern about property value, attracting 56 animals, the smell, traffic, and that it will be an eyesore in the park. 57 58 Mr. Nelson explained it is a small, 4-yard dumpster, would be sealed with weather-stripping, and 59 serviced weekly. The closest house is over 350 feet away and the City has been working to find a 60 location that is far enough away from houses yet still accessible so people use it. 61 62 Councilmember Lyden inquired as to where other communities place organics enclosures. 63 Mr. Nelson shared information showing enclosures at Wargo Nature Center, another 64 communities Public Works site, and parks. 65 66 Councilmember Ruhland asked if the City has received complaints of smell from the organics. 67 Mr. Nelson replied in the negative, they have not received complaints and animals such as 68 raccoons have not been able to get into the enclosures. 69 70 Councilmember Lyden appreciates the public coming to share their thoughts and also wonders if 71 there is something fundamentally wrong with the City putting garbage in the parks. Maybe it is 72 something the City wouldn’t want to do. 73 74 Mayor Rafferty asked if the City Council feels the program is appropriate and noted it is 75 disappointing to see garbage cans lined up. 76 77 Jeff Johnson, 6965 Sunrise Drive, asked why the enclosure is proposed near a recreational area 78 and why the enclosure couldn’t be put near City Hall or the maintenance garage. 79 80 Barb Schmitt, 6949 Sunrise Drive, asked why it can’t be near a service building. 81 82 Mayor Rafferty asked Mr. Nelson if there are better sites, perhaps one near public works rather 83 than a park setting near homes. Mr. Nelson replied the City has four sites stationed around the 84 City and some are more remote. The west side of town has the heaviest growth and the most use 85 for the organics site and the City found that Sunrise Park fit the ticket. Mayor Rafferty noted if 86 CITY COUNCIL WORK SESSION DRAFT 3 one is already in the car delivering the organics to a site, they could drive it to another area such 87 as City Hall. If the City has roughly 7,600 homes with only 500 of those utilizing the program, 88 perhaps there is a better site. Community Development Director Grochala explained that the City 89 evaluated other locations at City Hall and that it would be front-facing and still need garbage 90 access which would not work in the parking lot. Regarding the Rookery they did not want to 91 impact any future expansion at that site. Mr. Grochala said the site at Marshan Park is closer to 92 existing homes and playgrounds than they would be at Sunrise Park. The City believes fencing it 93 off and screening is consistent with Code requirements to keep it secluded around the corner of 94 the building with the playground across the parking lot (a couple hundred feet away). 95 96 Ms. Schmitt asked if they can include an organics enclosure in the planning of a new public 97 works facility. Mr. Grochala anticipated that if/when they build a public works facility they 98 would have an organics enclosure location there. 99 100 Councilmember Lyden is not for putting these in the parks. He suggested having one location for 101 people to bring their organics to, such as the oil-dumping site from years past. 102 103 Councilmember Cavegn inquired as to what the growth, in terms of participation, in the program 104 has been. Mr. Nelson noted that the City is not currently meeting the SCORE grant tonnage 105 target for organics, so this is the greatest opportunity for improvement in the City. 106 107 Councilmember Stoesz asked if there is opportunity for a public/private partnership with a 108 business in the area who might host the organics enclosure. 109 110 Councilmember Ruhland agreed and suggested reaching out to some businesses within the City. 111 112 Lori Houle, 6957 Sunrise Drive, asked why they can’t have the organics enclosure at a 113 composting site. Mr. Nelson explained it is a matter of what materials one can bring to those 114 compost sites (yard waste), as some cannot process food materials such as dairy, bones, and 115 meat. 116 117 Mr. Grochala clarified if City Council does not want this program, the City can scrap the 118 program and reject the grant. He noted it sounds like Sunrise Park is ruled out. Staff can look at 119 other options and if they do not have anything in the next couple of weeks they will return the 120 grant. 121 122 Item 3 — No Mow May — Environmental Coordinator Nelson gave a summary of his written 123 report and explained by not mowing one’s lawn in May it may provide benefit to pollinator 124 species. If there is support from the City Council, they would direct staff not to enforce the grass 125 and weed Ordinance for the month of May. 126 127 Mayor Rafferty asked whether there is an actual benefit to the pollinator species. 128 129 Mr. Nelson thinks the benefit is less than what was advertised from the group out of the United 130 Kingdom; however, it would help shift the aesthetic public perception more in favor of natural 131 CITY COUNCIL WORK SESSION DRAFT 4 landscape methods as there is an education component along with it. He shared that grants are 132 available for native gardens and tree plantings. 133 134 Councilmember Cavegn noted that many residents in Lino Lakes are fertilizing their lawns and 135 likely choking out any pollinator species. 136 137 The Environmental Board recommended considering No Mow May back in 2022. 138 139 The consensus of the Council was to not move forward with No May May at this time. 140 141 Item 4 — Boulevard Tree Policy — Environmental Coordinator Nelson gave a summary of his 142 written report and shared that currently every new residential house gets a boulevard tree as part 143 of the developer agreement. The City maintains and prunes those trees, and if a tree dies the City 144 will remove the tree and restore the area to turf grass. The City has been replacing those trees as 145 they die from the forestry budget. He asked whether the City would like to continue requiring 146 boulevard tree planting. 147 148 The Councilmembers were in favor of the requirement for boulevard trees at the developer’s 149 expense. 150 151 Mr. Nelson asked if the City should continue the practice of replacing boulevard trees that have 152 been removed at cost of about $500 per tree at an estimated 60 trees per year; he clarified it 153 would probably be about 30 trees per year when Emerald Ash Borer is under control. 154 155 The Councilmembers discussed and were in favor of continuing the replacement program. 156 157 Mr. Nelson asked whether a resident should have the choice to opt-out of replacement of the 158 boulevard tree associated with their property if it is removed. 159 160 Councilmember Cavegn noted if the City requires it to begin with, it is part of the aesthetic of 161 trees within the City. 162 163 The Councilmembers discussed an were not in favor of allowing residents to opt-out of a 164 replacement tree. 165 166 Councilmember Lyden stated if someone wanted a more expensive tree they may be able to pay 167 the difference. Mr. Grochala noted the City is very careful about tree selection in the boulevard 168 so they do not run into situations like Emerald Ash Borer. They want to be sure the replacement 169 is a good, hardy tree. 170 171 Councilmember Stoesz asked if someone puts a tree in that isn’t the City standard, does the City 172 make the resident remove the tree? Mr. Nelson noted it is on a case-by-case basis. Mr. Grochala 173 clarified the City does have the ability to remove the tree and charge the resident for it. 174 175 Item 5 — Park and Trail Improvement Fund Projects — Public Services Director DeGardner 176 gave a summary of his written report based on Park Board discussion with an updated list of 177 CITY COUNCIL WORK SESSION DRAFT 5 what the Board discussed the previous week. These include playground replacement at the 178 Brandywood and Birchwood Acres Park, and repurposing the bituminous at City Hall Park for 179 two pickleball courts and possibly a half basketball court. 180 181 The Council expressed support of the Park Board’s recommendations. 182 183 Councilmember Lyden asked to explore locations and costs for a dog park. Mr. DeGardner noted 184 they are typically run by the County, but if the City Council would like to look at it, they can 185 explore options. The Council would like to explore costs and potential locations. 186 187 The Councilmembers showed support for the playground replacements and the proposed 188 improvements at City Hall Park. 189 190 Item 6 — Blue Heron Days — Public Services Director DeGardner asked the City Council 191 whether they have opinions, ideas, or direction for 2023 Blue Heron Days. Staff would like to 192 host activities after the parade at the Rookery Activity Center for indoor/outdoor activities and 193 encourage people to become members and utilize the Rookery. 194 195 Councilmember Lyden inquired as to what activities have gone well and not gone well in years’ 196 past. Mr. DeGardner noted the touch a truck event and vendor fair have gone well. The bands 197 have not been well attended. 198 199 Councilmember Lyden suggested a K-9 demonstration. 200 201 Councilmember Stoesz spoke about the parade route being lopsided to the right-hand side and 202 asked about making the route narrower. 203 204 Mayor Rafferty noted the limited funds make it difficult and asked the Council how much they 205 want to invest in the event. Mr. DeGardner noted there are residual dollars in the Blue Heron 206 fund from previous years of about $15,000 and they did not put dollars in this year’s budget. He 207 agrees with the comment regarding changing the parade route and in the past they have looked at 208 alternate routes such as starting at the middle school, however the Legion has been against a 209 change to the route. Mr. DeGardner noted Staff will keep the Council updated on Blue Heron 210 Days progress and if they have any ideas or suggestions to let him know. 211 212 Item 7 — Q4 and Year End Wrap Up 2022 Public Safety Update — Director of Public Safety 213 John Swenson gave a summary of his written report and statistics in the City Council packet. He 214 noted case numbers for 2022 declined slightly with average response time for emergency/non-215 emergency was 5 minutes 56 seconds. He shared about a reduction in wait time (stacked calls) of 216 44 hours in part due to being closer to full staffing than in years past, which is a positive. He 217 walked the Council through stats on medical calls and ambulance services, fire division calls, 218 mutual aid given and received, and included a staffing update, and notable Q4 events. 219 220 Item 8 — Duty Crew Staffing — Director of Public Safety John Swenson gave a summary of 221 his written Staff report noting they have learned over the last 8 months that the part-time 222 personnel needs more work than the City is giving, therefore those personnel are getting other 223 CITY COUNCIL WORK SESSION DRAFT 6 jobs and sometimes working with three different fire agencies. Staff is proposing to increase the 224 pool of part-time firefighters from 8 to 15 which puts more people in the pool to fill shifts. 225 226 Councilmember Ruhland asked if they will have more turnover as a result of more people to fill 227 shifts and less hours available. Mr. Swenson replied they are trying to find a balance and he 228 hopes 15 is the right number. He explained more agencies such as Bloomington are starting to 229 hire full-time Staff. Councilmember Ruhland asked how many full-time employees the City 230 would need to replace those that are working part-time. Mr. Swenson noted he can do that 231 analysis and stated in terms of cost it would be significantly more. 232 233 Mayor Rafferty asked the Council about going to 15 part-time firefighters. 234 235 Councilmember Ruhland is good with it as it gives Mr. Swenson the flexibility to try to find the 236 sweet spot. 237 238 The Councilmembers agreed with the proposal to go to 15 part-time firefighters. 239 240 Item 9 — Public Services Department Lead Positions — Public Services Director DeGardner 241 gave a summary of his written Staff report stating the Public Services Department is seeking City 242 Council agreement regarding two staffing positions, a Utilities Department Lead Worker and 243 Fleet Department Lead Worker. He explained the duties of both positions and shared two 244 workers identified within the department recommended for the positions, Layne Chapman and 245 Brett Olander. 246 247 Councilmember Cavegn asked who is doing the duties of Utilities Department Lead now. Ms. 248 Cotton replied the union contract outlines worker pay percentage for lead workers and Mr. 249 Chapman has been receiving that. She noted they are trying to create a permanent position in 250 which Mr. Chapman would have more of a permanent assignment to the position which helps 251 with cross-checking of timecards regarding the lead pay percentage. 252 253 Mr. Swenson noted Mr. Chapman and Mr. Olander are two of the stars in the department and 254 have proven themselves over the years. If there are any two people that should be elevated to a 255 lead position, it is these two. 256 257 Ms. Cotton noted these are the people who have stepped up more often than the City has asked 258 without receiving compensation and it would be nice to compensate them for the work they are 259 doing every day. The Councilmembers agreed with Ms. Cotton. She noted this would go into 260 effect at the beginning of the next full pay period. 261 262 Item 10 — Council Updates on Boards/Commissions, City Council — Ms. Cotton noted the 263 Councilmembers each have a ballot in front of them and she would like to place an item on the 264 agenda for the Council to formally act to appoint the Advisory Board members to their terms. 265 266 The meeting was adjourned at 9:18 p.m. 267 268 CITY COUNCIL WORK SESSION DRAFT 7 These minutes were considered, corrected and approved at the regular Council meeting held on 269 March 13, 2023. 270 271 272 273 274 Hannah Lynch, City Clerk Rob Rafferty, Mayor 275 276 CLOSED COUNCIL SESSION DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : February 6, 2023 6 TIME STARTED : 9:26 p.m. 7 TIME ENDED : 9:54 p.m. 8 MEMBERS PRESENT : Council Members Ruhland, Lyden, 9 Cavegn, Stoesz and Mayor Rafferty 10 MEMBERS ABSENT : none 11 12 Staff present: Sarah Cotton, City Administrator; Meg Sawyer, Human Resources and 13 Communications Manager 14 15 Mayor Rafferty called the meeting to order at 9:26 p.m. in the Community Room at Lino 16 Lakes City Hall. Before the meeting was closed, Mayor Rafferty read a statement on the 17 purpose of the meeting. The meeting was closed as a session of the city council pursuant 18 to the Open Meeting Law for the purpose of discussing labor negotiations. 19 20 The meeting was recorded and the recording will be maintained as required in the Office 21 of the City Clerk. 22 23 The meeting was adjourned at 9:54 p.m. 24 25 These minutes were considered, corrected and approved at the regular Council meeting held on 26 March 13, 2023. 27 28 29 30 31 Hannah Lynch, City Clerk Rob Rafferty, Mayor 32 33 CITY COUNCIL WORK SESSION DRAFT 1 LINO LAKES CITY COUNCIL 1 WORK SESSION 2 MINUTES 3 4 DATE : February 13, 2023 5 TIME STARTED : 6:00 p.m. 6 TIME ENDED : 6:28 p.m. 7 MEMBERS PRESENT : Councilmember Stoesz, Lyden, Ruhland, Mayor 8 Rafferty 9 MEMBERS ABSENT : Councilmember Cavegn 10 Staff members present: City Administrator Sarah Cotton; Finance Director/City Clerk Hannah 11 Lynch; Community Development Director Michael Grochala; City Engineer Diane Hankee; 12 Kelsey Gelhar of WSB & Associates; Human Resources and Communications Manager Meg 13 Sawyer; Public Services Director Rick DeGardner. 14 1. Review Regular Agenda of February 13, 2023 15 16 Consent Agenda– 17 18 Item 1D - Consider Resolution No. 23-19, Approving a Solicitor License for Everlight Solar - 19 Mayor Rafferty asked what happens when a company goes door-to-door with a solicitor license. 20 City Administrator Cotton replied an application comes in, the City runs a background check on 21 each representative going door-to-door, the license is good for 6 months with each representative 22 receiving a license. She noted the City could have active licenses available on the City’s website. 23 24 Regular Agenda – 25 26 Item 2A - Public Hearing – 2023-2027 Financial Plan – Finance Director Lynch noted there have 27 not been any changes to the plan that was reviewed at the previous week’s Work Session. Mayor 28 Rafferty noted regarding the Resolution, he would ask for a motion to accept rather than approve 29 as it is a living document. 30 31 Item 3A - Consider Appointment of Police Officer – Human Resources and Communications 32 Manager Meg Sawyer spoke about the appointment of Spencer Baldwin to a police officer 33 position starting on March 6, 2023. 34 35 Item 5A and Item 5B - Watermark Park Project – City Engineer Hankee shared about the project 36 including the master plan showing a pond overlook, picnic area, play area, pickleball courts, 37 parking lot, pergola, and entrance monument sign. The low bid came in from Dimke Excavating 38 at $668,000 while the engineer estimate was $929,000. There is also a construction services 39 proposal from WSB and Associates from $93,000. 40 41 Councilmember Ruhland asked about the differential in the bids. Ms. Hankee noted it varies with 42 some having more money in the structures and others putting more money in the excavating. She 43 will follow up that the contracted company has the pergola and dock bid correctly, noting the 44 specs are very detailed. Ms. Cotton clarified the packet had been updated earlier in the day to 45 CITY COUNCIL WORK SESSION DRAFT 2 reflect that the playground contract would be with PlayPower LT Farmington, Inc. for the 46 playground equipment. 47 48 Councilmember Lyden asked about inclusive playgrounds and how the City will decide what 49 will be built and where the dollars come in. Public Services Director DeGardner clarified that the 50 structure is ADA (Americans with Disabilities Act) compliant and ADA accessible. He shared 51 that some people in the Watermark development that would like to see a rubberized play surface 52 which costs approximately $130,000. He shared about parks within the City noting the 53 engineered wood fiber throughout the City has been a suitable and low-cost alternative rather 54 than a rubberized surface. Councilmember Lyden noted some of the equipment has steps versus 55 ramps. Mr. DeGardner explained this structure has a transfer platform that provides accessibility. 56 57 Mallory Messin, 2036 Diamond Lane, has been working with Mr. DeGardner and with 58 Northland Recreation noting she shared Councilmember Lyden’s thoughts on accessibility 59 because there are people in wheelchairs within the community. She asked if the wheelchair lifts 60 and wood chips are realistic. She has shared ideas with Northland Recreation that would fall 61 within the budget with partial/mixed surfaces with 20% rubber. 62 63 Councilmember Lyden thinks there is a right way to do it and the City should go that way. Mr. 64 DeGardner clarified if this is important to the City Council and they want to look at making it a 65 100% inclusive destination area, they can pull the item off the agenda and start the process again. 66 Councilmember Lyden noted all of the City’s parks need to move in that direction. Mayor 67 Rafferty noted the City is doing their best with the funds they have to meet the ADA guidelines 68 in a professional fashion. After discussion the Council decided to delay Item 5B. 69 70 The meeting was adjourned at 6:28 p.m. 71 72 These minutes were considered, corrected and approved at the regular Council meeting held on 73 March 13, 2023. 74 75 76 77 Hannah Lynch, City Clerk Rob Rafferty, Mayor 78 79 COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE : February 13, 2023 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:14 p.m. 8 MEMBERS PRESENT : Councilmember Stoesz, Lyden, Ruhland, Mayor 9 Rafferty 10 MEMBERS ABSENT : Councilmember Cavegn 11 Staff members present: City Administrator Sarah Cotton; Finance Director/City Clerk Hannah 12 Lynch; Human Resources and Communications Manager Meg Sawyer; Public Services Director 13 Rick DeGardner; Community Development Director Michael Grochala; City Engineer Diane 14 Hankee; Kelsey Gelhar of WSB & Associates. 15 16 PUBLIC COMMENT 17 There were no public comments. 18 19 SETTING THE AGENDA 20 Councilmember Stoesz moved to remove item 5B from the Agenda. Councilmember Ruhland 21 seconded. Motion carried on a voice vote. 22 23 SPECIAL PRESENTATION 24 There was no Special Presentation. 25 26 CONSENT AGENDA 27 Councilmember Ruhland moved to approve the Consent Agenda, Items 1A through 1G as 28 presented. Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 29 30 ITEM ACTION 31 A) Consider Approval of Expenditures for February 13, 2023 32 (Check No. 117990 through 118110) in the Amount of $794,364.28 Approved 33 B) Consider Approval of January 23, 2023 Work Session Minutes Approved 34 C) Consider Approval of January 23, 2023 Council Meeting Minutes Approved 35 D) Consider Resolution No. 23-19, Approving a Solicitor License for 36 Everlight Solar Approved 37 E) Consider Approving the Hiring of Part-Time Staff for The Rookery Approved 38 F) Consider Approving Exempt Gambling Permit for the Lino Lakes 39 Elementary School PTO Raffle Approved 40 G) Consider Approval of Appointments to Lino Lakes Advisory Board Approved 41 42 FINANCE DEPARTMENT REPORT 43 A) Public Hearing – 2023-2027 Financial Plan - Finance Director Lynch 44 i. Consider Resolution No. 23-18, Accepting the 2023-2027 Financial Plan 45 46 COUNCIL MINUTES DRAFT 2 Finance Director Lynch gave a summary of her written report noting the City Council reviewed the 47 plan at their last work session and no changes have been made since that time. Staff recommends 48 holding a public hearing and considering Resolution No. 23-18. 49 50 Mayor Rafferty opened the public hearing at 6:35 p.m. There being no one present wishing to speak, 51 the public hearing was closed. 52 53 Councilmember Lyden moved to accept Resolution No. 23-18 as presented. Councilmember Ruhland 54 seconded the motion. Motion carried on a voice vote. 55 56 ADMINISTRATION DEPARTMENT REPORT 57 A) Consider Appointment of Police Officer, Meg Sawyer – Human Resources and 58 Communications Manager Sawyer gave a summary of her written report noting the Council should 59 consider appointment of Spencer Baldwin to a vacant police officer position. She gave history and 60 background of Mr. Baldwin noting he would start the position on March 6, 2023. 61 62 Councilmember Ruhland moved to approve the appointment of Spencer Baldwin as recommended. 63 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 64 65 PUBLIC SAFETY DEPARTMENT REPORT 66 There was no report from the Public Safety Department. 67 68 PUBLIC SERVICES DEPARTMENT REPORT 69 A) Watermark Park Project, Rick DeGardner 70 i. Consider Approval of Resolution No. 23-15, Accepting Bids, Awarding a Construction 71 Contract 72 73 ii. Consider Approval of Resolution No. 23-16, Approving Construction Services Contract 74 with WSB & Associates 75 76 Public Services Director DeGardner gave a summary of his written report noting in September 2022 77 the Council approved the specifications and authorized advertiement for bids, of which 8 were 78 received. The low bid came in by Dimke Excavating and is being recommended for award with 79 funding through the dedicated parks fund. Mr. DeGardner noted WSB and Associates has submitted a 80 proposal to complete the construction services and shared about costs. Staff recommends adoption of 81 Resolutions No. 23-15 and No. 23-16. 82 83 Councilmember Stoesz moved to approve Resolutions No. 23-15 and No. 23-16 as presented. 84 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 85 86 B) Consider Approval of Resolution No. 23-17, Approving Contract with Northland Recreation 87 Inc. for Watermark Park Playground Equipment, Rick DeGardner 88 89 This item was removed from the Agenda. 90 91 COMMUNITY DEVELOPMENT REPORT 92 A) Phelps Road Stockpile, Kelsey Gelhar 93 i. Consider Resolution No. 23-10, Approving Interim Use Permit for Earth Moving and 94 Stockpiling 95 COUNCIL MINUTES DRAFT 3 ii. Consider Resolution No. 23-11, Approving Site Performance Agreement 96 97 Kelsey Gelhar of WSB and Associations gave a presentation on screen regarding the Phelps Road 98 location. The Applicant’s proposal is to stockpile suitable fill material and altogether the stockpiles 99 would be 4.81 acres in area, 14-15 feet high, with about 71,000 cubic yards of material. She showed 100 plans on screen noting the Planning and Zoning Board held a public hearing, there were no public 101 comments, and the Board recommended approval with a 5-0 vote. 102 103 Councilmember Ruhland asked if there were comments from the Environmental Board. Ms. Gelhar 104 replied Environmental Coordinator Nelson reviewed it and had comments about seed type and erosion 105 control, and construction access. 106 107 Councilmember Stoesz asked about drainage on the property and whether it would drain towards main 108 street. Ms. Gelhar noted the drainage moves south and the Applicant is not changing where it is 109 going, but rather starting at a higher point. 110 111 Mark Smith, 2120 Otter Lake Drive, noted there are no immediate plans for development, however 112 there is a concept of two office/warehouse buildings and another tenant looking to expand. He noted 113 they are getting ready for when someone has a need. 114 115 Councilmember Stoesz moved to approve Resolutions No. 23-10 and No. 23-11 as presented. 116 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 117 118 B) 2023 Street Rehabilitation Project, Diane Hankee 119 i. Consider Approval of Resolution No. 23-12, Accepting Bids, Awarding a 120 Construction Contract 121 122 ii. Consider Approval of Resolution No. 23-13, Approving Construction Services 123 Contract with WSB & Associates 124 125 City Engineer Hankee gave a summary of her written report noting the City Council authorized bids 126 for the 2023 project in December. She spoke about the proposed streets in the Black Duck 127 neighborhood and showed maps on screen. The low bid came in from Bituminous Roadways and is 128 within budget with a proposed completion date of October 31, 2023. A construction services proposal 129 from WSB and Associates is also included in consideration tonight. 130 131 Councilmember Lyden asked about communication on the project. Ms. Hankee replied the City has 132 sent mailings to those affected, the project is also on the City website, and she noted they will work 133 with school buses after school has started regarding the road project. She shared funding sources for 134 the project coming from the pavement management fund and the water operating fund. 135 136 Councilmember Stoesz moved to approve Resolution No. 23-12 and No. 23-13 as presented. 137 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 138 139 C) Consider Approval of Resolution No. 23-14, Order Project, Approve the Plans and 140 Specifications and Authorize the Ad for Bid, Pheasant Run Reconstruction Project, Diane 141 Hankee 142 143 COUNCIL MINUTES DRAFT 4 City Engineer Hankee gave a summary of her written report noting in October the City Council 144 approved a revision to the street reconstruction plan to add the Pheasant Run cul-de-sac which is in 145 very poor condition. The City is proposing to replace or rehabilitate the sanitary s ewer line, upsize the 146 watermain, improve the roadway street section, add new curb and gutter, and upgrade the existing 147 pond to current standards. 148 149 Councilmember Stoesz asked about upsizing the watermain from 6 to 12 inch diameter. Ms. Hankee 150 replied it is partially due to the overall water system modeling and needs, as well as connection 151 between wells and future water treatment. 152 153 Councilmember Lyden moved to approve Resolution No. 23-14 as presented. Councilmember 154 Ruhland seconded the motion. Motion carried on a voice vote. 155 156 UNFINISHED BUSINESS 157 There was no Unfinished Business. 158 159 NEW BUSINESS 160 There was no New Business. 161 162 COMMUNITY EVENTS 163 There were no events announced. 164 165 COMMUNITY CALENDAR 166 167 Community Calendar – A Look Ahead 168 February 13, 2023 through February 27, 2023 169 Monday, February 20 CITY HALL CLOSED President’s Day Holiday 170 Wednesday, February 22 6:30 pm, Council Chambers Environmental Board 171 Monday, February 27 6:00 pm, Community Room Council Work Session 172 Monday, February 27 6:30 pm, Council Chambers City Council Meeting 173 174 ADJOURN 175 176 There being no further business, Councilmember Ruhland moved to adjourn at 7:14 p.m. 177 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 178 179 These minutes were considered and approved at the regular Council Meeting on March 13, 2023. 180 181 182 183 Hannah Lynch, City Clerk Rob Rafferty, Mayor 184 CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Sarah Cotton, City Administrator MEETING DATE: March 13, 2023 TOPIC: Consider Approval of Application for Aquinas Roman Catholic Home Education Services (ARCHES) to Conduct Excluded Bingo Event VOTE REQUIRED: 3/5 INTRODUCTION The City has received an application from the Aquinas Roman Catholic Home Education Services (ARCHES) organization to conduct an excluded bingo event at St. Joseph’s Catholic Church, 171 Elm Street, Lino Lakes on Saturday, March 25, 2023. BACKGROUND Under Minnesota Statutes, Section 349.166, excluded bingo may be conducted by an organization that conducts bingo on four or fewer days in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. The Aquinas Roman Catholic Home Education Services organization meets this requirement. The organization also meets the requirements of the Lino Lakes City Code since the physical site where the organization regularly conducts its activities is located within the city (St. Joseph’s Church). There is a current background investigation on file for ARCHES President, James Kostick, as well as an application and certificate of non-profit status from the Internal Revenue Service. RECOMMENDATION Approve the application for Aquinas Roman Catholic Home Education Services (ARCHES) to conduct an excluded bingo event on Saturday, March 25, 2023. CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: March 13, 2023 TOPIC: Approve the Hiring of Part-Time Staff for The Rookery VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the hiring of part-time staff for The Rookery. BACKGROUND Staff is seeking approval to hire part-time personnel to work at The Rookery. The recruiting process has identified candidates that will be a great addition to our staff at The Rookery. RECOMMENDATION Staff recommends the Council approve the hiring of the part-time personnel listed below: First Name Last Name Title Brooke Halverson Lifeguard Cole Nelson Lifeguard Kyleigh Winkler Child Watch Attendant William Coe Swim Instructor Nathan Michael Lifeguard Isaac Lofstad Recreation Attendant Annika Hubble Swim Instructor Start dates vary based on position and training schedule. Please approve the above personnel for the part-time positions at The Rookery Activity Center. CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: March 13, 2023 TOPIC: Consider Appointment of Part-Time Firefighter VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the appointment of Joshua Buganski to the Part- Time Firefighter position in the Public Safety Department. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Joshua Buganski for the part-time position. Buganski has completed Firefighter 1 & 2 as well as Hazardous Materials training and certification. The starting wage for Buganski will be $18.66 per hour which is the current starting rate for part-time firefighters. With the Council’s approval, Buganski would start in the position on April 3, 2023. RECOMMENDATION Please approve the appointment of Joshua Buganski to the Part-Time Firefighter position. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: March 13, 2023 TOPIC: Consider Appointment of Paid On-Call Firefighter VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Ashley Rodvik for a Paid On-Call Firefighter position in the Public Safety Department. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Ashley Rodvik for a Paid On-Call Firefighter position. Currently, the City has 9 firefighters at Fire Station 1 and 10 firefighters at Fire Station 2. Full staffed would be 20 firefighters at each station. The hourly rate of pay would be at the starting rate of $15.00 per hour. Upon completion of 5 years of service, Rodvik would be eligible for a rate increase. With the Council’s approval, Rodvik would start in the position on March 20, 2023. RECOMMENDATION Please approve the appointment of Ashley Rodvik to the Paid On-Call Firefighter position. CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: March 13, 2023 TOPIC: Consider Appointment of Custodial Worker VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the appointment of Ryan McConville to the newly created part-time Custodial Worker position within the Public Services department. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Ryan McConville for the part-time position. McConville has over 10 years of building custodial experience including working for the Centennial School District. The hourly rate of pay would be $23.00, which is the top of the pay range for the part-time custodial worker. With Council’s approval, McConville would start in the position on March 14, 2023. RECOMMENDATION Please approve the appointment of Ryan McConville to the part-time Custodial Worker position. CITY COUNCIL AGENDA ITEM 3D STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: March 13, 2023 TOPIC: Consider Appointment of City Clerk VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the appointment of Jolleen Chaika to the City Clerk position within the Administration department. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Jolleen Chaika for the position. Chaika has over 15 years of relevant experience and currently works at the Washington County Attorney’s Office as the Victims Coordinator. Prior to that she spent three years as the Deputy City Clerk at the City of Forest Lake. Chaika graduated from Inver Hills Community College with a Paralegal Associates Degree. The hourly rate of pay would be $39.77, which is step 3 of the current 6 step non-union wage schedule. With Council’s approval, Chaika would start in the position on April 3, 2023. RECOMMENDATION Please approve the appointment of Jolleen Chaika to the City Clerk position. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: March 13, 2023 TOPIC: Donation of Seized Property VOTE REQUIRED: 3/5 INTRODUCTION The City of Lino Lakes Ordinance 213.07 authorizes the Public Safety Department to dispose of unclaimed property in a manner authorized by a majority vote of the City Council. BACKGROUND As part of the continued management of police division property and evidence room, staff identified the below listed bicycles for disposal: Serial Make Model Description 69229355 MAGNA MOUNTIAN BIKE RED AND SILVER BIKE R5714D MONGOOSE MALUS TAN AH203098363 HUFFY HIGHLAND BLUE 900506783 RALEIGH SC40 GREY UNABLE TO READ ENOHANT UNSURE BLUE / ORAGE AH20M170367 SHIMANE 72952 BLUE SNHTJ14G80198 HUFFY CHILD WHITE SNGTJ17A008686 HUFFY SEASTAR WHITE All related court and investigative matters have been completed. Staff has complied with all statuary obligations to notify all concerned parties and received no communications related to any of these cases or the related property. To eliminate the expense of destroying any of the bicycles, staff is requesting they be donated to the non-profit organization Bikes for Kids based in Ham Lake, MN. This non-profit organization refurbishes donated bicycles and provides them to kids in need in Anoka County and throughout the world. Click here to visit their website. RECOMMENDATION Authorize the Public Safety Department to donate the listed bicycles to the non-profit Bikes for Kids. ATTACHMENTS None 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: March 13, 2023 TOPIC: Consider 1st Reading of Ordinance No. 01-23 City Code Chapter 1010: Signs INTRODUCTION City Code Chapter 1010: Signs regulates signs. In 2014, the City amended the sign ordinance. Staff is proposing another amendment to the ordinance to reflect changes that have transpired from a federal court case. Kristin Nierengarten, attorney with Rupp, Anderson, Squires, Waldspurger, & Mace, presented the sign ordinance amendment to Council at the March 6, 2023 Work Session. BACKGROUND The main purpose of the revisions to the City’s sign ordinance is to bring the ordinance in line with the U.S. Supreme Court decision in Reed v. Town of Gilbert, which determined that content-based regulation of signs are generally impermissible and could violate the First Amendment. In short, the court said that government can’t regulate signs based on the communicative intent or message of those signs. The courts have signaled, however, that concerns for safety can justify content-based sign regulations and that distinctions can be drawn for on-premise versus off-premise signs and commercial versus non-commercial signs. The sign ordinance revisions reflect this evolution in case law. A secondary goal of revising the sign ordinance is to increase its clarity and readability to ease administration and enforcement. This includes cutting down on unused definitions, standardizing language, and addressing potential conflicts or unnecessary language. For the most part, the revisions are geared toward maintaining the City’s original intent in its sign regulation, while eliminating disallowed content-based regulations. Planning & Zoning Board The Planning & Zoning Board held a public hearing on February 8, 2023. Public comments included the request to increase the size of dynamic display signs from 20sf to 50sf. Staff recommended an increase to 32sf. The Board recommended approval of the sign ordinance with the condition that obscene signs be addressed and that staff research dynamic signs and bring back information to the Board at a later date. Obscene sign language has been added to the revised sign ordinance under Section 1010.005 Prohibited Signs. 2 Work Session On February 28, 2023, Paul Selbitschka, owner of Precision Tune Auto Care, contacted staff and asked about increasing the dynamic sign size to 32sf. At the March 6, 2023 Work Session, Council agreed to increase the size to 32sf with an 8 second hold. This change is reflected in the revised ordinance. RECOMMENDATION Staff recommends approval of the proposed sign ordinance amendment. ATTACHMENTS 1.Ordinance No. 01-23 City Code Chapter 1010: Signs 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 01-23 ORDINANCE AMENDING CITY CODE CHAPTER 1010: SIGNS The City Council of Lino Lakes ordains: Section 1. Findings. The City Council finds that the amended sign ordinance protects the public health, safety, comfort, convenience, and general welfare of the residents of the community. Section 2. Amendment. The Lino Lakes City Code Chapter 1010: Signs is hereby repealed in its entirety and replaced with the following attached exhibit: Exhibit A: Chapter 1010: Signs Section 3. Effective Date. This Ordinance shall be effective from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 27th day of March, 2023. The motion for the adoption of the foregoing ordinance was introduced by Councilmember _____________and was duly seconded by Councilmember ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Hannah Lynch, City Clerk Attachment 1: Ordinance No 1-23 City Code Chapter 1010: Signs 2 Exhibit A: Chapter 1010: Signs 1 CHAPTER 1010: SIGNS Section 1010.001 Purpose, intent and findings 1010.002 Definitions 1010.003 Administration and enforcement 1010.004 Non-conforming Signs 1010.005 Prohibited Signs 1010.006 General regulations applicable to all zoning districts 1010.007 Temporary Signs 1010.008 Zoning district regulations 1010.009 Substitution Clause 1010.010 Severability § 1010.001 PURPOSE, INTENT AND FINDINGS. (1)Purpose and intent. It is not the purpose or intent of this sign chapter to regulate the message displayed on any sign; nor is it the purpose or intent to regulate any building design or any display not defined as a sign, or any sign with a message that cannot reasonably be viewed from off the property on which the sign is displayed. Rather, the sign chapter is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe and attractive community, and the need for effective communications. It is the intent of this chapter to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public and to use signs that meet the city’s goals by authorizing: (a)Permanent signs that establish a high standard of aesthetics; (b)Signs that are compatible with their surroundings; (c)Signs that are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; (d)Signs that are large enough to convey the intended message and to help citizens find their way to intended destinations; (e)Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures; (f)Permanent signs that give preference to the on-premise owner or occupant; and (g)Temporary commercial speech signs and off-premise signs that provide an opportunity for special events while restricting signs that create continuous visual clutter and hazards at public right-of-way intersections. (2)Findings. The City of Lino Lakes finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size, and maintenance of signs be controlled. Further, the city finds: 2 (a) Permanent and temporary signs have a direct impact on and relationship to the image of the community; (b) The manner of installation, location, and maintenance of signs affects the public health, safety, welfare, and aesthetics of the community; (c) An opportunity for viable identification of community businesses and institutions must be established; (d) The safety of motorists, cyclists, pedestrians, and other users of public streets and property is affected by the number, size, location, and appearance of signs that unduly divert the attention of drivers; (e) Installation of signs suspended from, projecting over or placed on the tops of buildings, walks, or other structures may constitute a hazard during periods of high winds and an obstacle to effective firefighting and other emergency services; (f) Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and thereby undermine economic value and growth; (g) Uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or adjacent to public right-of-way or are located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information; (h) Commercial speech signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts; (i) The right to express noncommercial opinions in any zoning district must be protected, subject to reasonable restrictions on size, height, location, and number; and (j) Light pollution creates negative impacts on the community, particularly in residential, and rural areas. § 1010.002 DEFINITIONS. The following words and terms, when used in this sign chapter, shall have the following meanings, unless the context clearly indicates otherwise. BANNER. A temporary sign made of cloth, flexible plastic or other fabric, except that flags shall not be considered BANNERS. COMMERCIAL SPEECH. Speech advertising a business, profession, commodity, service, or entertainment. DIRECTIONAL SIGNS. A sign providing noncommercial directional information about the use or uses on the property where the sign is located. DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that appear to change, however frequently, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself or any other component of the sign. This includes, but is not limited to, a sign display that incorporates a technology or method allowing the image on the sign face to change without having to physically or mechanically replace the sign face or its components. This also includes, but is not limited to, any rotating, revolving, moving, flashing, blinking or animated display, and any display that incorporates rotating 3 panels, LED lights manipulated through digital input, “digital ink,” or any other method or technology that allows the sign face to present a series of images or displays. This does not include digital signs with fixed content that changes less than once per hour, provided that none of the content displayed appears to have movement or to otherwise change during the minimum one-hour display period. FLAG. Any cloth, flexible plastic, or fabric containing distinctive colors, patterns, or symbols that is attached along one side to one pole or attached to a rope on one pole that allows for raising and lowering the flag. FAÇADE. That portion of any exterior elevation on a building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. FLASHING SIGN. An illuminated sign on which the illumination is not kept constant in intensity or color at all times when the sign is in use. GROUND SIGN. Any freestanding sign supported by or upon standards, poles, beams, or other supports or foundation directly affixed to the ground. IDENTIFICATION OR NAMEPLATE SIGN. A sign that bears the name or address or both of the business or the occupant of the building on which it is located. ILLUMINATED SIGN. A sign that has an artificial light source directed upon it or that has an interior light source. MARQUEE AND CANOPY SIGNS. Any message or identification that is permanently affixed to a projection or extension of a building or structure, erected in a manner as to provide shelter or cover over the approach to any entrance of a store, building, or place of public assembly. NONCOMMERCIAL SPEECH. Dissemination of messages not classified as commercial speech, which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics. OFF-PREMISE SIGN. A sign that directs attention to a business, profession, commodity, service, or entertainment not exclusively related to the premises where a sign is located or to which it is affixed. ON-PREMISE SIGN. A sign that directs attention to a business or profession or to a commodity, service, or entertainment sold or offered upon the premises where such a sign is located. PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Sometimes called STRINGER. PORTABLE SIGN. A temporary sign that is designed or intended to be moved or transported that is parked or placed for the primary purpose of displaying the sign to a public right-of-way. Examples of portable signs include: • Signs on trailers or on wheels, with or without text and/or graphics; • Commercial signs mounted on a vehicle when the vehicle is parked and visible from a public right- of-way, except signs that are one (1) square foot in area or less. 4 PROJECTING SIGN. A permanent sign affixed to an exterior wall or roof of a building and that is perpendicular to the building wall. PYLON SIGN. A permanent, free-standing ground sign erected upon a post or posts. SANDWICH BOARD. A temporary on-premise sign constructed to form an “A” or a tent-like shape, placed in front of a business. SIGN. Any writing, pictorial presentation, number, illustration or decoration, or other communication device, whether painted, posted, printed, affixed, or constructed, including associated brackets, braces, supports, wires, and structures, that is used to announce, direct attention to, identify, inform, communicate, or otherwise make anything known and that is visible from off the property on which the sign is located. SIGN AREA. The entire area of a temporary or permanent sign within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural or supporting elements such as uprights, aprons, poles, beams, or standards. For double-faced signs, the sign area shall be computed on the basis of one (1) face of the sign. SIGN HEIGHT. Height shall be measured from grade to the uppermost points or level of sign structure. TEMPORARY SIGNS. A sign which is designed or intended to be displayed for a short period of time and is not permanently installed. This includes items such as banners, beacons, sandwich signs, balloons, or other air or gas filled figures. WALL SIGN. A permanent sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of the wall and extending not more than 15 inches from the building wall face. § 1010.003 ADMINISTRATION AND ENFORCEMENT. (1) Permit required. No temporary or permanent sign shall be erected, altered, reconstructed, or moved in the city without first securing a permit from the city, unless this chapter specifically states otherwise. The permit holder shall be responsible for all of the requirements of this chapter, including the liability for expense of removal and maintenance incurred by the city. (2) Sign permit fees shall be as specified in the city fee schedule. Double permit fees shall be assessed if the permit is pulled after the sign is placed. (3) Repairs. (a) All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, high weeds, and from anything else that would be an eyesore or nuisance. All signs must be maintained to prevent the sign from becoming unkempt in appearance. When any ground sign is removed, the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. 5 (b) Any sign located in the city that may now be or hereafter becomes out of order, rotten, or unsafe and every sign that shall hereafter be erected, altered, resurfaced, reconstructed, or moved contrary to the provisions of this sign chapter, shall be removed or otherwise properly secured in accordance with the terms of this sign chapter by the owners of the sign or by the owners of the property on which the sign is located, upon receipt of notice from the city to do so. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this sign chapter and upon proper permit issued by the issuing authority. (4) Removal. In the event of the failure of the owner or person or entity having control of any sign or the owner of the property on which the sign is located to remove or repair the sign within 60 days after the use is terminated, a notice shall be given and the sign may be removed by the city at the expense of the owner or manager of the sign or the owner of the property upon which the sign stands. (5) Violations. Any violation of this chapter shall constitute a misdemeanor. Each day of the violation shall constitute a separate offense. § 1010.004 NON-CONFORMING SIGNS (1) Nonconforming signs. The city recognizes that signs exist within the zoning districts that were lawful before this sign chapter was enacted, which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intention of this sign chapter that nonconforming signs shall be allowed to continue to exist, but they shall not be enlarged upon, expanded or extended, nor be used as the grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign chapter to permit legal nonconforming signs existing on the effective date of this sign chapter, or amendments thereto, to continue as legal nonconforming signs provided the signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: (a) No sign shall be enlarged or altered in a way that increases its nonconformity; (b) Should the sign or sign structure be destroyed by any means to an extent greater than 50 percent of its replacement cost and no building permit has been applied for within 180 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this chapter; (c) Should the sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved; (d) No existing sign devoted to a use not permitted by the zoning code in the zoning district in which it is located shall be enlarged, extended, or moved except in changing the sign to a sign permitted in the zoning district in which is it located; and (e) When a structure loses its nonconforming status, all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color that will harmonize with the structure. § 1010.005 PROHIBITED SIGNS. 6 The following types of signs are prohibited in all districts: (1) Off-premise signs as defined in this chapter, except as otherwise permitted in City Code Section 1010.006 or 1010.007. (2) Signs within public right-of-way, affixed to public structures or public utility poles or boxes or other public equipment, or on other public property except signs erected or placed by a government entity with proper authority or control. A special exception may be granted by the City Council if road improvements or other public projects include the elimination of an access to a private property. In these cases, a sign giving directions to the new access may be allowed in the right-of-way. (3) Signs painted on, attached to, or affixed to any trees, rocks, or other similar organic or inorganic natural matter. (4) Any sign, signal, marking, or device that purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or that attempts to direct the movement of traffic or that hides from view or interferes with the effectiveness of any official traffic-control device or railroad sign or signal. Further, no sign shall be installed, which by reason of position, shape, or color would conflict with proper function or interpretation of any traffic sign or signal. (5) Signs with revolving beacons, flashing signs, or similar lighted devices. (6) Signs that obstruct any door, fire escape, stairway, or other access of any building or structure. (7) Portable signs, except as otherwise permitted in City Code Section 1010.007. (8) Projecting signs that extend over public property, except with an encroachment agreement, which the city may agree to at the city’s discretion. (9) Roof signs, including signs mounted on a roof surface or projecting above the roof line of a structure if either attached to the structure or cantilevered over the structure. (10) Abandoned signs or signs, other than temporary off-premise signs, that advertise an activity, business, product, or service no longer available on the premises on which the sign is located. (11) Pennants or stringers. (12) Any sign displaying obscene, indecent, immoral, or offensive content. (13) Any signs not specifically allowed by this chapter. § 1010.006 GENERAL REGULATIONS APPLICABLE TO ALL ZONING DISTRICTS (1) Signs erected or placed by a government entity with proper authority or control within a public right-of-way, affixed to public structures or public utility poles or boxes or other public equipment, or on other public property are allowed in all zoning districts without a permit and are not subject to the limits or restrictions stated in this sign chapter. 7 (2) All permanent signs shall be constructed in conformance with the provisions of the Minnesota State Building Code, as amended, and City Code Chapter 1003. (3) Signs in windows in the interior of buildings are exempt from this chapter, except that no more than 75 percent of any window may be covered by signage and no dynamic display signs shall be allowed to be displayed in windows. No signs may be attached to the exterior of windows. (4) “No hunting” and “No trespassing” signs are allowed as regulated by Minnesota Statutes § 97B.001, as it may be amended from time to time. No permit is required. (5) Illuminated signs are allowed in all zoning districts. The source of light for any illuminated sign must be controlled so as not to shine directly upon or light adjacent property or public right-of-way. Signs that are not internally illuminated shall have light fixtures and sources screened from view. (6) Dynamic display signs. No more than 32 square feet of the allowable sign area provided for in City Code Section 1010.008 shall be used for dynamic display signs, except that in Rural and Residential zoning districts dynamic display signs shall only be allowed for non-residential uses. The minimum display period for any message shall be eight (8) seconds. No dynamic display signs may be placed in windows. (7) Signs, including individual letters and symbols, must be detachable from the building and attached to the exterior building surface by adhesive or mechanical fasteners. Signs shall not be painted directly on any exterior building surface. (8) Signs in election years. In state general election years, the provisions of Minnesota Statutes § 211B.045, as amended, shall apply. Notwithstanding other provisions of this chapter regulating the allowed size or number of signs, in city election years, all temporary noncommercial signs of any size may be posted in any number without a permit from 30 days before the city election until ten (10) days following the city election. Other requirements of this chapter, including those regarding the location of signs, shall continue to apply. (9) Directional signs up to four (4) square feet are allowed up to six (6) feet above grade without a permit. (10) The exposed uprights, superstructure, or back side of all signs must be a neutral color such as light blues, grays, greens, or browns, unless the part of the sign is integral to the overall design of the sign. (11) Multi-occupancy business and industrial buildings. When a single principle building is devoted to three (3) or more businesses or industrial tenants, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. The plan shall be subject to the approval of the City Council. No permit shall be issued for an individual tenant except upon a determination that it is consistent with the approved comprehensive sign plan. (a) The maximum individual tenant sign sizes shall not exceed the maximum provisions for single occupancy structures in the same zoning district. 8 (b) Multiple occupancy structures may display a unified ground sign consistent with the applicable district provisions. At least 25 percent of the ground sign must identify the entire site to assist with navigation to the site. Individual tenants shall not display ground signs. (c) Except as provided in this chapter, individual tenants of multiple occupancy structures shall not display separate wall signs unless the tenant’s business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per building façade that the tenant occupies, and each sign shall be limited to the maximum wall sign size permitted per building façade for single occupancy structures in the same zoning district. (d) In any multiple occupancy structure qualifying as a mall type shopping center, one (1) sign not exceeding 50 square feet shall be permitted for each common public entrance and shall be located within 50 feet of the common public entrance being served. (12) Street addresses required to comply with address ordinances or building codes do not require a sign permit. (13) Flags (a) Non-commercial flags are not regulated by this sign chapter. (b) One (1) commercial flag is allowed per property without a permit. Additional commercial flags shall be regulated as permanent signage, subject to the permitting requirements and sign area limits set by this chapter. § 1010.007 TEMPORARY SIGNS (1) Temporary Signs for Residential Uses. Except as set forth in this chapter, all residential uses in Rural and Residential zoning districts shall be allowed one (1) temporary on-premise or noncommercial sign up to six (6) square feet placed at least ten (10) feet from the lot line. This sign shall be in the form of a ground sign. Such sign may be placed without a permit and there is no time limit for the display of such sign. Only one (1) ground sign, whether temporary or permanent, is permitted per residential use. (2) Temporary Signs for Non-Residential Uses. All uses other than those addressed in Section 1010.007(1) shall be allowed temporary on-premise or noncommercial signs in accordance with the following regulations: a. Except as specifically authorized by this sign chapter, one (1) temporary sign is allowed per property. The maximum number of temporary signs for properties with multi-occupancy buildings shall be one (1) per tenant, with no more than three (3) per property displayed at one time. b. Except as specifically authorized by this chapter, temporary signs may not be displayed for more than a cumulative total of 90 days per calendar year per property. Properties with multi- occupancy buildings shall be allowed to display temporary signs for 90 days per calendar year per tenant. 9 c. Except as specifically authorized by this chapter, temporary signs may not be displayed without a permit and a single permit shall not exceed 30 consecutive days. Each permit must indicate the number of days and the dates the sign is be displayed. Permits shall be signed by the property owner and/or property manager and are not transferrable if the property comes under new ownership, occupancy, or management. A fee and deposit at a level established by ordinance adopted by the City Council is required. The deposit shall be forfeited if the sign remains displayed past the date of removal indicated on the permit. The city has the right to remove the temporary sign at the end of the permit period and collect the cost of removal from the permit holder and/or property owner. d. When a property is under construction or for sale, one (1) temporary sign is allowed to be displayed on each of the property’s street frontages without a permit, subject to the following restrictions: i. Each such sign must be set back at least ten (10) feet from the lot line. ii. For properties that are under ten (10) acres, the maximum size of each such sign shall be 32 square feet. For properties that are ten (10) acres or more, the maximum size of each such sign shall be 100 square feet. iii. If construction or sale is of a single structure or parcel, any signs displayed under this provision must be removed within 30 days after the issuance of a certificate of occupancy for or sale of the structure or parcel. If it is of more than one (1) structure or parcel, any sign displayed under this provision must be removed 30 days after a certificate of occupancy is issued for the last building or when all of the units or parcels are sold. e. No temporary sign shall have lighting or illumination of any sort. f. All temporary signs shall be subject to the requirements in Table 1: Table 1. Temporary Sign Requirements Sign Type Permit Required Size (square feet) Location Special Provisions Ground Signs Required See Table 2 See Table 2 Temporary ground signs shall be allowed consistent with the size, number, and location limits set forth in Table 2 based on the zoning district and in lieu of permanent ground signs allowed thereunder. The total number and size of temporary and/or permanent ground signs shall not exceed the limits set in Table 2. The 10 Table 1. Temporary Sign Requirements Sign Type Permit Required Size (square feet) Location Special Provisions maximum height of a temporary ground sign shall not exceed ten (10) feet in height as measured from the ground. Banner Required 32 square feet maximum sign area. All four (4) corners must be attached to the principal building on the site. N/A Portable Signs Required 32 square feet maximum sign area. Must be set back a minimum of five (5) feet from lot line. N/A Sandwich Boards Required Six (6) square feet maximum sign area. 1. Must be in front of space occupied by the permit holder. 1. Sign permit is valid as long as the permit holder is in operation at the location. 2. No further than ten (10) feet from door of the building occupied by the permit holder. 2. Can only be displayed during business hours; must be brought inside when business closes each day. 11 Table 1. Temporary Sign Requirements Sign Type Permit Required Size (square feet) Location Special Provisions 3. Must maintain four (4) feet clear area for pedestrian passage, including distance from tables, opening doors, planters, and the like. 3. Sandwich board signs must be of solid construction, of material resistant to weather, resistant to being knocked over by wind. Signs must be always be maintained in good condition and avoid a shabby, unkempt appearance. 4. Must not be in parking area. Balloons or Inflatable Signs Not required 24 inches diameter maximum sign area N/A N/A (3) Temporary Off-Premise Signs are allowed, without a permit, on any property as follows: (a) The sign must be set back at least five (5) feet from a lot line; (b) Only one (1) temporary off-premise sign shall be allowed per property and may be displayed only if the property is not displaying any other temporary sign allowed under this Section 1010.007; (c) Placement of the sign shall require permission from the underlying property owner; (d) The sign shall only be displayed between 6:00 a.m. on a Friday and 6:00 a.m. the following Monday; and (e) The sign area shall be no larger than three (3) square feet in area and no higher than four (4) feet above the ground to which it is attached. (4) In PUD, Planned Unit Development Districts, temporary signs are regulated according to the standards for the corresponding land use and zoning category as stated in this section, except that a sign plan with differing requirements may be approved by the city. 12 § 1010.008 ZONING DISTRICT REGULATIONS. (1) Permanent signs in each zoning district must comply with the requirements of Table 2 of this section: 13 Table 2 Permanent Sign Requirements. All permanent signs shall be subject to the following requirements: (a) Rural and Residential Zoning Districts Sign Type R Rural, R-X Rural Executive, R-l, R-1X, R-2, R-3, R-4, R-5 and R-6 Residential Districts Requirements, Identification or Nameplate Signs One (1) per residence to assist with navigation. Maximum sign area of two (2) square feet. No sign permit is required. Signs at Neighborhood Entrances One (1) ground sign may be placed at entrances to a neighborhood by a homeowners’ association, developer, or other person or entity with ownership or control over the property; the number of the signs per neighborhood shall be determined by the city, with consideration for the number of entrances to the neighborhood. Maximum sign area of 24 square feet. Maximum height of six (6) feet. Ground Signs Each property with a residence may have one (1) ground sign, temporary or permanent, without a permit. The maximum size is six (6) square feet. This sign may be an on-premise sign or a sign containing only non-commercial speech. There is no time limit for such a sign. In addition, non-residential uses and licensed residential care facilities that are allowed by the Zoning Ordinance, and manufactured home parks in R-6 zones, may have one (1) ground sign with a maximum sign area of 50 square feet. The maximum height of the sign shall be eight (8) feet. Building Wall Signs Non-residential uses and licensed residential care facilities that are allowed by the Zoning Ordinance, and manufactured home parks in R-6 zones, may have one (1) wall sign on one (1) building, maximum 80 square feet. Property Setback No sign shall be closer than ten (10) feet to any lot line. 14 (b) NB, Neighborhood Business Zoning District Sign Type Single and Double Occupancy Building Requirements Multi-Occupancy Building Requirements Ground Signs One (1) ground sign of any type If a single building has three (3) or more businesses, it must comply with § 1010.006(11) and shall be limited to one (1) ground sign Maximum sign area of 50 square feet. Maximum sign area of 100 square feet. Maximum sign height of 30 feet. No closer than 50 feet to another ground sign. Building Wall Signs Total wall sign area shall not exceed: 100 square feet or 10% of the building façade area, whichever is greater. Wall signs are permitted on any façade that is not directly adjacent to a residential zone. For the purposes of this section a road shall constitute a separation of zones. Sign for individual business only if business has separate entrance. Maximum sign size applies to that tenant’s wall area and signs are permitted only on a facade that is not directly adjacent to a residential zone. For purposes of this section a road shall constitute a separation of zones. No illuminated sign may face land zoned residential or guided residential by comprehensive plan. For the purposes of this section a road shall constitute a separation of zones. No wall sign higher than parapet wall. Property setback No sign may be closer than five (5) feet to any lot line. 15 (c) LB, Limited Business Zoning District Sign Type Single and Double Occupancy Building Requirements Multi-Occupancy Building Requirements Motor Fuel Station Requirements Ground Signs One (1) ground sign of any type If single building has three (3) or more businesses, it must comply with § 1010.006(11) and shall be limited to one (1) ground sign of any type One (1) ground sign per frontage, which could be a pylon sign, meeting the following requirements: Maximum sign area of 80 square feet. Maximum sign height of 45 feet height. Maximum sign area of 50 square feet. Maximum sign area of 100 square feet. Maximum sign height of 30 feet. Shall not be located closer than 50 feet to another ground sign. Building Wall Signs Total wall sign area shall not exceed: 100 square feet or 10% of the building façade area, whichever is greater. Wall signs are permitted on any façade that is not directly adjacent to a residential zone. For the purposes of this section a road shall constitute a separation of zones. Sign for individual business only if business has separate entrance. Maximum sign size applies to that tenant’s wall area and signs are permitted only on a facade that is not directly adjacent to a residential zone. For purposes of this section a road shall constitute a separation of zones. Canopy signs must comply with conditional use permit requirements in Zoning Ordinance. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. For the purposes of this section a road shall constitute a separation of zones. No wall sign higher than parapet wall. Property setback No sign may be closer than five (5) feet to any property line. 16 (d) GB, General Business and PSP, Public Semi-Public Zoning Districts Sign Type Single and Double Occupancy Building Requirements Multi-Occupancy Building Requirements Motor Fuel Station Requirements Ground Signs One (1) ground sign of any type per parcel If single building has three (3) or more businesses, it must comply with § 1010.006(11) One (1) ground sign per frontage, which could be a pylon sign, meeting the following requirements: Maximum sign area of 80 square feet. Ground signs may total two (2) square feet per frontage foot up to a maximum sign area of 200 square feet. Maximum sign height of 45 feet. Maximum sign height of 40 feet. If between Town Center Parkway and Apollo Drive near the interchange of Interstate 35W and Lake Drive or between 21st Avenue North and Otter Lake Road near the interchange of Interstate 35E and Main Street, one (1) additional sign is allowed consistent with the following standards: 1. For a pylon sign: a. Maximum sign area of 100 square feet. b. Maximum sign height of 65 feet. 2. For a ground sign: a. Maximum sign area of 32 square feet. Maximum sign area of 32 square feet. b. Maximum sign height of 30 feet. Shall not be located closer than 50 feet to another ground sign. Building Wall Signs Total wall sign area shall not exceed: 100 square feet or 10% of the building façade area, whichever is greater Wall signs are permitted on any façade that is not directly adjacent to a residential zone. For the purposes of this section a road shall constitute a separation of zones. Sign for individual business only if business has separate entrance. Maximum sign size applies to that tenant’s wall area and signs are permitted only on a facade that is not directly adjacent to a residential zone. For purposes of this section a road shall constitute a separation of zones. Wall signs are permitted on any façade that is not directly adjacent to a residential zone. For the purposes of this section a road shall constitute a separation of zones. Canopy signs must comply with conditional use permit requirements in Zoning Ordinance. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. For the purposes of this section a road shall constitute a separation of zones. 17 (d) GB, General Business and PSP, Public Semi-Public Zoning Districts Sign Type Single and Double Occupancy Building Requirements Multi-Occupancy Building Requirements Motor Fuel Station Requirements No wall sign higher than parapet wall. Property setback No sign may be closer than five (5) feet to any lot line. 18 (e) LI, Light Industrial, GI, General Industrial, and BC, Business Campus Zoning Districts Sign Type Single and Double Occupancy Buildings Multi-Occupancy Building Requirements Ground Signs Individual sign allowed only if business is not part of integrated retail complex. If single building has three (3) or more businesses, it must comply with § 1010.006(11) Ground signs of any type totaling two (2) square feet per frontage foot up to a maximum sign area of 200 square feet. Maximum sign height of 40 feet. Shall not be closer than 50 feet to another ground sign. Building Wall Sign Total wall sign area shall not exceed: 100 square feet or 10% of the building façade area, whichever is greater Wall signs are permitted on any façade that is not directly adjacent to a residential zone. For the purposes of this section a road shall constitute a separation of zones. Sign for individual business only if business has separate entrance. Maximum sign size applies to that tenant’s wall area and signs are permitted only on a facade that is not directly adjacent to a residential zone. For purposes of this section a road shall constitute a separation of zones. No illuminated sign may face land zoned residential or guided residential by the comprehensive plan. For the purposes of this section a road shall constitute a separation of zones. No wall sign higher than parapet wall. Property Setback No sign may be closer than five (5) feet to any lot line. (2) In PUD, Planned Unit Development Districts, permanent signs are regulated according to the standards for the corresponding land use and zoning category as stated in this 19 section, except that a sign plan with differing requirements may be approved by the city. § 1010.009 SUBSTITUTION CLAUSE The owner of any sign that is otherwise allowed by this sign chapter may substitute noncommercial speech in lieu of any other commercial or noncommercial speech. This substitution of sign content may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. § 1010.010 SEVERABILITY If any section, division, sentence, clause, or phrase of this sign chapter is, for any reason, held to be invalid, the decision shall not affect the validity of the remaining portions of this sign chapter. The City Council hereby declares that it would adopt the sign chapter in each section, division, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: March 13, 2023 TOPIC: Consider Resolution No. 23-20 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure and Approving Certificate of Real Property VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is seeking Council consideration to accept and approve the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services Infrastructure and approving the Certificate of Real Property. BACKGROUND The Metropolitan Council of Environmental Services (MCES) grant program is for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the MCES metropolitan sanitary sewer disposal system (I/I Municipal Grant Program). The process for the grant program is such that the City is to accept and approve the agreement via resolution, submit the resolution for funding, and the final agreement follows. As part of the grant program process, the City is to provide a Certificate of Real Property. The City of Lino Lakes has submitted a pre-application to the MCES for grant funding for improvements to the sanitary sewer system which included manhole lining and the East Shadow Lake Drive sanitary sewer replacement to reduce inflow and infiltration. The work has been completed and is eligible for minimum allocation of $50,000 in grant funding. The program requires a 50% match of which the eligible project costs were $171,800. The final reimbursement amount will be allocated proportionally to grant participants, based on eligible project expenses submitted and available remaining grant program funds. RECOMMENDATION Staff recommends adoption of Resolution No. 23-20 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure and Approving Certificate of Real Property. ATTACHMENTS 1. Certificate of Real Property 2. Example of Previous Grant Agreement 2017 (LaMotte Sewer Lining Project) 3. Resolution ATTACHMENT 1-A Attachment I-A State of Minnesota General Obligation Bond Financed CERTIFICATION The undersigned hereby certifies as follows: This Certification is being submitted pursuant to the Waiver of Real Property Declaration granted by Minnesota Management and Budget to Metropolitan Council for Municipal Publicly- Owned Infrastructure Inflow/Infiltration projects or the portions thereof which lie entirely within public road, street and highway rights-of-way and utility easements. The City of Lino Lakes certifies that Lino Lakes has read and will comply with the terms and conditions of the Waiver of Real Property Declaration, a copy of which is attached to this Certification and further, that the Governmental Program which is the subject of and described in the Municipal Publicly-Owned Infrastructure Inflow/Infiltration Grant Agreement between the City of Lino Lakes and Metropolitan Council qualifies for the Waiver of Real Property Declaration. The undersigned owns fee title to property and/or permanent easement and/or other easement which meets the requirements of this Agreement for wastewater collection purposes and/or permit for pipe in City of Lino Lakes public right of way which meets the requirements of this Agreement for wastewater collection purposes and a wastewater collection system within the fee title, permanent easement, and/or the other easement and wastewater collection system being located in Anoka County, Minnesota. The fee title property, permanent easement and/or other easement and the wastewater collection system therein is referred to as “Restricted Property” and is described in Exhibit A attached hereto by legal description, narrative description or diagram. As the owner of the Restricted Property, the undersigned hereby acknowledges the following restrictions and encumbrances with respect to the Restricted Property: A. The Restricted Property is State bond financed property within the meaning of Minn. Stat. § 16A.695 that exists as of the effective date of the grant agreement identified in paragraph B below, is subject to the encumbrance created and requirements imposed by such statutory provision, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, or its successor, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in the G.O Grant agreement between Metropolitan Council and the City of Lino Lakes. ATTACHMENT 1-A The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for as long as the G.O. Grant Agreement is in force and effect; at which time it shall be released therefrom by way of a written release in recordable form signed by both the Metropolitan Council and the Commissioner of Minnesota of Management and Budget, or their successors, and such written release is recorded in the real estate records relating to the Restricted Property. This Certification may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota of Management and Budget, or its successor. SIGNATURE BLOCK AND ACKNOWLEDGMENT City: Lino Lakes By: ______________________________ Title: ____________________________ Dated: ___________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) On the _____________ day of ________________, 2023, before me a notary public within and for said County, personally appeared _____________, named in the forgoing instrument as the __________________of Lino Lakes and acknowledged said instrument was signed on behalf of said Lino Lakes . _________________________________ Notary Public Exhibit A EXHIBIT A LEGAL DESCRIPTION, NARRATIVE DESCRIPTION, OR MAP OF RESTRICTED PROPERTY LANTERN LANEEAST SHADOW LAKE DRBIRCH STREET (CSAH 34)BLACK DUCK DRIVEPHEASANT RUNRED BIRCH CTBIRCH C T WHITE E SHADOWLAKE CTLANTERNCT PAR T R I D G E P L A C E RESHANAU LAKE K:\017705-000\Cad\Plan\017705-000-C-TITL-PLAN.dwg 2/7/2022 3:52:52 PM2022 EAST SHADOW LAKE DRIVE UTILITY PROJECT CITY OF LINO LAKES, MN SANITARY SEWER, WATER MAIN, STORM SEWER, AND ROAD IMPROVEMENTSCONSTRUCTION PLAN FOR LOCATED ONEAST SHADOW LAKE DRFROM 250' SOUTH OF LANTERN LNTO 123' NORTH OF LANTERN LN PROJECT LOCATION MAP F G EXISTING PLAN SYMBOLS PROPERTY LINES/RIGHT-OF-WAY UTILITY EASEMENT TREE LINE SIGN DECIDUOUS TREE SHRUB CONIFEROUS TREE EXISTING UTILITY SYMBOLS FIBER OPTIC LINE GAS LINE COMMUNICATIONS PEDESTAL POWER POLE ELECTRIC BOX CATCH BASIN STORM APRON CCOMMUNICATION LINE EELECTRIC POWER LINE ||WATER MAIN > >> SANITARY SEWER STORM SEWER GATE VALVE HYDRANT SANITARY SEWER MANHOLE STORM SEWER MANHOLE COUNTY:ANOKA SECT 28, TWP 31, RNG 22 PROJECT LOCATION THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." GOPHER ONE CALL TICKET NUMBER: 220060200 APPROVED BYSHEET NO.DATE PLAN REVISIONS ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES WILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. THIS PLAN SET CONTAINS 13 SHEETS I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. LICENSE NUMBER:DATE:12/13/2021 43338 DIANE L. HANKEE, P.E. SHEET 13 OF WSB PROJ. NO. 017705-000 BEGIN CONSTRUCTION EAST SHADOW LAKE DRIVE END CONSTRUCTION EAST SHADOW LAKE DRIVE LANTERN LN FROM EAST SHADOW LAKE DR TO 60' EAST OF EAST SHADOW LAKE DR 1 THIS PLAN SET HAS BEEN PREPARED FOR: CITY OF LINO LAKES 600 TOWN CENTER PARKWAY LINO LAKES, MN 55014 (651) 982-2400 A CALL TO GOPHER STATE ONE (651-454-0002) IS REQUIRED A MINIMUM OF 48 HOURS PRIOR TO PERFORMING ANY EXCAVATION. EXCAVATION NOTICE SYSTEM PLAN SET INDEX GOVERNING SPECIFICATIONS UTILITY INFORMATION THE 2020 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN. ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, INCLUDING THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS. E ST S N SCALE IN FEET 0 H: 300 600 HORIZONTAL DATUM: VERTICAL DATUM: Generic GO Bond Proceeds Ver – 5/6/19 Grant Agreement for Program End Grants R Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the Lino Lakes Sanitary Sewer Project Funded by the State of Minnesota General Obligation Bond Proceeds Generic GO Bond Proceeds i Ver – 5/6/19 Grant Agreement for Program End Grants TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 – Defined Terms Article II - GRANT Section 2.01 – Grant of Monies Section 2.02 – Public Ownership Section 2.03 – Use of Grant Proceeds Section 2.04 – Operation of the Real Property and Facility Section 2.05 – Public Entity Representations and Warranties Section 2.06 – Ownership by Leasehold or Easement Section 2.07 – Event(s) of Default Section 2.08 – Remedies Section 2.09 – Notification of Event of Default Section 2.10 – Survival of Event of Default Section 2.11 – Term of Grant Agreement Section 2.12 – Modification and/or Early Termination of Grant Section 2.13 – Excess funds Article III – USE CONTRACTS [NOT TO BE USED IN THIS AGREEMENT] Section 3.01 – General Provisions Section 3.02 – Initial Term and Renewal Section 3.03 – Reimbursement of Counterparty Section 3.04 – Receipt of Monies Under a Use Contract Article IV – SALE Section 4.01 – Sale Section 4.02 – Proceeds of a Sale Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property Section 5.02 – Preservation of Tax Exempt Status Section 5.03 – Changes to G.O. Compliance Legislation or the Commissioner’s Order Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01– Disbursement of Grant Section 6.02 – Conditions Precedent to Disbursement of Grant Generic GO Bond Proceeds ii Ver – 5/6/19 Grant Agreement for Program End Grants Article VII- MISCELLANEOUS Section 7.01 – Insurance Section 7.02 – Condemnation Section 7.03 – Use, Maintenance, Repair and Alterations Section 7.04 – Records Keeping and Reporting Section 7.05 – Inspections by Council Section 7.06 – Data Practices Section 7.07 – Non-Discrimination Section 7.08 – Worker’s Compensation Section 7.09 – Antitrust Claims Section 7.10 – Review of Plans and Cost Estimates [NOT TO BE USED] Section 7.11 – Prevailing Wages Section 7.12 – Liability Section 7.13 – Indemnification by the Public Entity Section 7.14 – Relationship of the Parties Section 7.15 – Notices Section 7.16 – Binding Effect and Assignment or Modification Section 7.17 – Waiver Section 7.18 – Entire Agreement Section 7.19 – Choice of Law and Venue Section 7.20 – Severability Section 7.21 – Time of Essence Section 7.22 – Counterparts Section 7.23 – Matching Funds Section 7.24 – Source and Use of Funds Section 7.25 – Third-Party Beneficiary Section 7.26 – Public Entity Tasks Section 7.27 – Council and Commissioner Required Acts and Approvals. Section 7.28 – Applicability to Real Property and Facility Section 7.29 – E-Verification Section 7.30 – Jobs Reporting Requirements Section 7.31 – Additional Requirements Attachment I – DECLARATION Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY Attachment III – SOURCE AND USE OF FUNDS Attachment IV – GRANT APPLICATION Attachment V – JOBS REPORTING 1 General Obligation Bond Proceeds MUNICIPAL PUBLICLY OWNED INFRASTRUCTURE INFLOW/INFILTRATION GRANT PROGRAM INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN METROPOLITAN COUNCIL AND LINO LAKES This Intergovernmental Grant Agreement (“Grant Agreement”) is made this ____ day of _______________, 2019, and entered into by and between the Metropolitan Council a public corporation and political subdivision of the State of Minnesota (“Council”) and, Lino Lakes a Minnesota Municipal corporation (“Grantee”). BACKGROUND RECITALS 115.The Minnesota Legislature has appropriated to the Council in the 2017 Session Laws Chapter 8, Section 16, subdivision 3, $3,739,000, for a grant program to be administered by the Council. In addition, the Minnesota Legislature appropriated to the Council in the 2018 Session Laws Chapter 214, Section 17, subdivision 2, $5,000,000, for a grant program to be administered by the Council. Therefore, the total 2017 I/I Grant distribution shall be $8,739,000. Each appropriation is for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Council’s metropolitan sanitary sewer disposal system (“I/I Municipal Grant Program”). 116.The monies allocated to fund the appropriation to the Council are proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. 117.The Council has gone through a public process and formally adopted Guidelines for the I/I Municipal Grant Program. Grantee has read and understands the Council Guidelines (“Council Guidelines”). 118.Council has identified Grantee as a contributor of excessive inflow and infiltration to the Council’s metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program. 119.Pursuant to its authority under Minnesota Statutes § 444.075 [or other authority, if different], Grantee operates a municipal wastewater collection system identified as Lino Lakes Wastewater Collection System (“Wastewater System”) and has submitted an application to and been approved by the Council for grant funds in the amount of $43,099.63, for performance of functions and activities for its inflow and infiltration mitigation capital improvement project to the Wastewater System in accordance with Council guidelines. 120.Council has reviewed and found eligible Grantee’s application for grant funds and has awarded such grant funds (“G.O. Grant”) to Grantee to construct a capital improvement project to 12th November 2 Grantee’s pipeline as described in and in accordance with the terms and conditions of this Grant Agreement. 7.The Grantee’s receipt and use of the I/I Municipal Grant Program to acquire an ownership interest in and/or improve real property (the “Real Property”) and structures situated thereon (the “Facility”) will cause the Grantee’s ownership interest in all of such real property and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 16A.695 (the “G.O. Compliance Legislation”) and in that certain “Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated August 1, 2017 (the “Commissioner’s Order”), even though such funds shall only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. 8.Council and Grantee desire to set forth herein the provisions relating to the granting of such G.O. Grant and the disbursement thereof to Grantee and the operation of the Real Property and the Facility. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: “Agreement” - means this Metropolitan Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the Lino Lakes Sanitary Sewer 2017 thru 2019 Project, as such exists on its original date and any amendments, modifications or restatements thereof. “Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. Certification” – means a certification in the form contained in Attachment 1-A to this Agreement and all amendments thereto, acknowledging that the Real Property and Facilities is state bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the requirements imposed by such statutes and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of the MMB. 3 “Code” - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated August 1, 2017, as amended. “Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Declaration” - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. “Event of Default” - means one or more of those events delineated in Section 2.07. “Facility”, if applicable, - means the Wastewater Systems as identified in Recital No. 5, which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Program Grant. “Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. “G.O. Bonds” - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. 4 “G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. “Grant Application” – means that certain grant application attached hereto as Attachment IV that the Public Entity submitted to the Council. This definition is only needed and only applies if the Public Entity submitted a grant application to the Council. If the Public Entity did not submit a grant application to the Council, then this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. “Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease o r granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Outstanding Balance of the Program Grant” – means the portion of the Program Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously paid back to the Commissioner of MMB. “Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the Council and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $ ____$162,678.50________ or ____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar 5 amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). “Program Grant” - means a grant of monies from the Council to the Public Entity in the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount thereof may be modified under the provisions contained herein. “Project” – means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of the activities denoted in Section 2.03. (If the Public Entity is not using any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) “Public Entity” - means the entity identified as the “Public Entity” in the lead-in paragraph of this Agreement. “Real Property” - means the real property located in the County of Anoka , State of Minnesota, legally described in Attachment II to this Agreement. “Real Property/Facility Lease” - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Council” - means the entity identified as the “Council” in the lead-in paragraph of this Agreement. “State Program” – means the program delineated in the State Program Enabling Legislation. “State Program Enabling Legislation” – means the legislation contained in the Minnesota statute(s) delineated in Recital A and all rules related to such legislation. “Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of 6 which has been established by way of written documentation that is acceptable to and approved, in writing, by the Council and the Commissioner of MMB. “Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and/or if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The Council shall make and issue the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the Council or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the Council that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property that complies with the 7 requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility. Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Program Grant for any other purpose. (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. Acquisition of a leasehold interest in the Real Property. Acquisition of an easement for the Real Property. Improvement of the Real Property. Acquisition of fee simple title to the Facility. Acquisition of a leasehold interest in the Facility. Construction of the Facility. Renovation of the Facility. 8 X Sanitary Sewer Improvements . (Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used, for those purposes required by the State Program and in accordance with the information contained in the Grant Application, or for such other purposes and uses as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the Council and the Commissioner of MMB. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Enti ty covenants with and represents and warrants to the Council that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the Council, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the Council and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the Council that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program 9 budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the Council and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the Council as follows: A.It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B.It has legal authority to use the Program Grant for the purpose or purposes described in the State Program Enabling Legislation. C.It has legal authority to operate the State Program and the Real Property and, if applicable, Facility for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D.This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E.It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F.It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program. G.It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the Council or Commissioner of MMB relating to the Program Grant or the disbursement of any of the Program Grant is and will be true and correct. H.It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. 10 I.Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J.The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K.The Project has been or will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L.All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M.All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N.It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O.It will fully enforce the terms and conditions contained in any Use Contract. P.It has complied with the matching funds requirement, if any, contained in Section 7.23. Q.It will not, without the prior written consent of the Council and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the Council and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay 11 for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R.It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S.It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T.It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. U.It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the Council and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. V.The Useful Life of the Real Property and, if applicable, Facility is ____ years. W.It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the Council or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A.A Real Property/Facility Lease or easement must comply with the following provisions. 1.It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2.It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 12 3.Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4.It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5.It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 6.It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7.It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the Council and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the Council and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8.It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9.It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity’s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. 10.It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination 13 to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11.It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. B.The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C.The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the Council for any portion of the Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D.The Public Entity shall fully and completely compl y with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the Council or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the Council and the Commissioner of MMB. A.If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the Council to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B.If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. 14 C.If the Public Entity fails to fully comply with any provision, term, conditi on, covenant, or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Order, or the State Program Enabling Legislation. D.If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. E.If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.U. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the Council or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Council, the Council or the Commissioner of MMB may enforce any or all of the following remedies. A.The Council may refrain from disbursing the Program Grant; provided, however, the Council may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B.If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C.If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D.Either the Council or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Council or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the Council and/or the 15 Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the Council and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the State Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the Council may agree in writing, then the Council’s obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such date then the Council’s obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant has been disbursed by such date then the Council shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Program Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a 16 Real Property/Facility Lease. Upon such termination the Council shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III USE CONTRACTS Contents of Article III have been deliberately omitted from this Agreement. Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A.The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the State Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facilit y to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B.The sale is made as authorized by law. C.The sale is for Fair Market Value. D.The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed -in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be 17 deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public E ntity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the State Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A.The first distribution shall be to the Commissioner of MMB in an amou nt equal to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Program Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B.The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the Council under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing, and if such entities cannot agree by an appropriately issued court order. C.The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the Council, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the Council, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the Council shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the 18 Commissioner of MMB, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the Council or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant. Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the Council acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A.It will not use the Real Property or, if applicable, Facility, or use or invest the Program Grant or any other sums treated as “bond proceeds” under Section 148 of the Code including “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Section 148 of the Code. B.It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C.It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D.It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” (within the meaning of 19 Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E.It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In the event that the G.O. Compliance Legislation or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public Entity the Council shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions delineated in Section 6.02, the Council shall disburse the Program Grant to the Public Entity in one lump sum. Under no circumstance shall the Council be required to disburse funds in excess of the amount requested by the Public Entity under the provisions contained in Section 6.02.A even if the amount requested is less than the amount of the Program Grant delineated in Section 1.01. If the amount of Program Grant that the Council disburses hereunder to the Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the Council and the Public Entity shall enter into and execute whatever documents the Council may request in order to amend or modify this Agreement to reduce the amount of the Program Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the Council’s obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the Council and the Commissioner of MMB. Section 6.02 Conditions Precedent to Disbursement of Grant. The obligation of the Council to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: 20 A.The Council shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant delineated in Section 1.01. B.The Council shall have received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C.The Council shall have received evidence, in form and substance acceptable to the Council, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D.The Council shall have received evidence, in form and substance acceptable to the Council, that the Public Entity has fully and completely paid for the Project and all other expenses that may occur in conjunction therewith. E.The Council shall have received evidence, in form and substance acceptable to the Council, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23 and that all of such matching funds, if any, have been expended for the Project. F.The Council shall have received evidence, in form and substance acceptable to the Council, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G.The Council shall have received evidence, in form and substance acceptable to the Council, that the Real Property and, if applicable, Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H.The Council shall have received evidence, in form and substance acceptable to the Council, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I.The Council shall have received evidence, in form and substance acceptable to the Council, that that all applicable and required permits, bonds and licenses necessary fo r the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and 21 licenses which in the ordinary course of business would normally not be obtained until a later date. J.The Council shall have received evidence, in form and substance acceptable to the Council, that the Project was completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04, which requirement may be satisfied by a certificate of occupancy or such other equivalent document from the municipality in which the Real Property is located. K.The Council shall have received evidence, in form and substance acceptable to the Council, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L.The Council shall have received evidence, in form and substance acceptable to the Council, that the insurance requirements under Section 7.01 have been satisfied. M.The Council shall have received evidence, in form and substance acceptable to the Council, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N.No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O.The Public Entity has supplied to the Council all other items that the Council may reasonably require. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the Council under which the Council and the Public Entity are named as loss payees. If damages which are 22 covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The Council agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the Council named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the Council or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the Council may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature, and any funds expended by the Council to obtain or maintain such insurance shall be due and payable on demand by the Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the Council to obtain or maintain such insurance, and the Council’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s duty to obtain and maintain such insurance. 23 Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility, and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Propert y and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the Council agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. 24 The Public Entity shall not, without the written consent of the Council and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the State Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the Council may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the Council to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the Council hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the Council to take any action, incur any expense, or expend any funds, and the Council shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the Council to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the Council, auditors for the Council, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. 25 Section 7.05 Inspections by Council. Upon reasonable request by the Council and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow t he Council to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequentl y be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the Council and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States o f America. Section 7.10 CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY OMITTED FROM THIS AGREEMENT. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the State Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the State Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the Council agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and 26 the results thereof. The liability of the Council and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the Council, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the Council, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the Council, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the Council, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the Council, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual 27 relationship with the Council, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the Council, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Council, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: 600 Town Center Parkway Lino Lakes , MN 55014 Attention: Diane Hankee To the Council at: Metropolitan Council 390 Robert Street North St. Paul, MN 55101 Attention: Regional Administrator To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the Council, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the Council may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the 28 Council unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the Council, and there are no other agreements, either oral or written, between the Public Entity and the Council on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: NONE Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public 29 Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of MMB may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB. Section 7.24 Source and Use of Funds. The Public Entity represents to the Council and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A.The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B.The source of all funds needed to complete the Project broken down among the following categories: (i)State funds including the Program Grant, identifying the source and amount of such funds. (ii)Matching funds, identifying the source and amount of such funds. (iii)Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv)Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v)Other funds, identifying the source and amount of such funds. C.Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the Council and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the Council or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value 30 should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the State Program Enabling Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the Council and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.27 Council and Commissioner Required Acts and Approvals. The Council and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.28 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity’s ownership interest in the Real Property. Section 7.29 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.30 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633, Subd. 4, the Public Entity shall collect, maintain and, upon completion of the Project, provide the information indicated in Attachment V of this Agreement, to the Commissioner of MMB. The information must include, but is not limited to, the following: the number and types of jobs created by the Project, whether the jobs are new or retained, where the jobs are located and the pay ranges of the jobs. Section 7.31 Additional Requirements. The Public Entity and the Council agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. 31 NONE [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] ATTACHMENT 1 Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of ____________, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively, the “Restricted Property”): (Check the appropriate box.) a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in th e Restricted Property is hereby made subject to the following restrictions and encumbrances: A.The Restricted Property is bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the encumbrance created and requirements imposed b y such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B.The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain [Insert title of the general obligation grant agreement]_ between _______________ and ______________, dated _________, ____. The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of [Insert the name of the Council that provided the grant] and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. ATTACHMENT 1 SIGNATURE BLOCK AND ACKNOWLEDGMENT [Grantee] By: ______________________________ Title: ____________________________ Dated: ___________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On the _____________ day of ________________, 2016, before me a notary public within and for said County, personally appeared _____________, named in the forgoing instrument as the __________________of [Grantee] and acknowledged said instrument was signed on behalf of said [Grantee] . ATTACHMENT II Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY (For Projects for which a Certification is being submitted, use the description attached to the Certification submitted.) SG-09611 11-12 2019 See attached maps ATTACHMENT III Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State G.O. Funds Ownership Acquisition Program Grant $43,099.63 and Other Items Paid for with Program Grant Funds Other State Funds Purchase of Ownership $_______ _______________ $_________ Interest _______________ $_________ Other Items of a Capital _______________ $_________ Nature Subtotal $_________ Sanitary Sewer Project $43,099.63 ________________ $_________ Matching Funds ________________ $_________ _______________ $________ Subtotal $_________ _______________ $_________ Subtotal $_________ Items Paid for with Non-Program Grant Funds Other Public Entity Funds City Attained Funding $119,578.87 _______________ $_________ ________________ $_________ _______________ $_________ ________________ $_________ Subtotal Subtotal $_________ Loans _______________ $_________ _______________ $_________ Subtotal $_________ Other Funds City Attained Funding $119,578.87 _______________ $_________ Subtotal $_________ - Prepaid Project Expenses _______________ $_________ _______________ $_________ Subtotal $_________ TOTAL FUNDS $162,678.50 TOTAL PROJECT COSTS $162,678.50 ATTACHMENT IV Attachment IV to Grant Agreement GRANT APPLICATION See Attached ATTACHMENT V Attachment V to Grant Agreement JOBS REPORTING (a) Pursuant to Minn. Stat. Sec. 16A.633, subd. 4, Council is required to report the number of jobs created or retained by the Project. To enable Council to comply with Minn. Stat. Sec. 16A.633, subd. 4, the Public Entity is required to report the number of jobs created or retained by the Project to Council as set forth below. (b) The Public Entity shall require all of its contractors to report the information below to the Public Entity. The Public Entity shall then report to Council. Information can be recorded by Council in an Excel document that can be downloaded into the report by Minnesota Management and Budget. Each report must contain the following: (1) The name of the Project. (2) The Council’s contract number, if applicable. (3) Reporting period. The appropriate biennium is to be selected. (4) The Agency Number. This will complete the next column with Agency Name. (5) Legal Citation for the Authorization. (6) Department ID responsible for the Project. (7) The Appropriation for the Project. (8) The Appropriation Amount. (9) Project Start Date. (10) Project Completion Date. (11) The County where the Project is located or, if it is located in more than one county, where it is primarily located. (12) Funding Source for Project. The selection will be Trunk Highway Bonds, General Obligation Bonds or General Fund. (13) Job Type. Jobs should be classified as either (i) engineering/professional, (ii) construction, or (iii) other. Manager and supervisor jobs shall be classified as category (i), (ii) or (iii) based on the nature of the work those individuals spent the majority of their time overseeing. (14) Hourly Wages. Jobs should be classified according to the hourly pay ranges below. Overhead or indirect costs or the value of pensions or other benefits should not be included in wages. (i) less than $10.00, (ii) $10.01 to $15.00, (iii) $15.01 to $20.00, (iv) $20.01 to $25.00, (v) $25.01 to $30.00, (vi) $30.01 to $35.00, (vii) $35.01 to $40.00, or (viii) more than $40.00. ATTACHMENT V (15) Jobs. a. Jobs should be classified as either (i) jobs created or (ii) jobs retained; they will not be counted as both. A “job created” is a new position created and filled, or an existing unfilled position that is filled, because of the Project. A “job retained” means a job at a specific wage level that existed prior to beginning the Project that would have been lost but for the Project. Only jobs in Minnesota should be counted. b. Jobs should be expressed in “full-time equivalents” (FTE). In calculating an FTE, the number of hours worked during the Reporting Period should be divided by 2,080 (the number of hours representing a full work schedule in a Reporting Period). Jobs should be reported regardless of when the Project or an individual’s employment began or ended. Jobs are to be calculated based on hours worked in the current Reporting Period only, so that reporting is not cumulative. c. Jobs should not be separated into full-time, part-time, temporary, seasonal, etc. Instead, all hours should be totaled and converted into FTEs as indicated above. (c) Each contractor will report its workforce and the workforce of its subcontractors active during the Reporting Period. This includes employees actively engaged in the Project who work on the jobsite, in the Project office, in the home office or telecommute from home or other alternative office location. This includes, but is not limited to, any engineering personnel, inspectors, sampling and testing technicians, and lab technicians performing work directly in support of the Project. This does not include material suppliers such as steel, culverts, guardrail and tool suppliers. Only hours that relate to time spent on the Project should be reported. (d) The Public Entity must incorporate these reporting requirements into its contracts with its contractors (in part so that contractors can add the requirements to their contracts with subcontractors and impose deadlines on reporting by subcontractors). (e) To distinguish the jobs reported by contractors that were funded by the Grant, t he Public Entity must multiply the job numbers reported by each contractor in each category above by the percentage of total Project costs funded by the Grant (e.g., if the Grant was 40% of total Project costs, the Public Entity should multiply the jobs numbers given in each category by 40% to arrive at the number of jobs funded by the Grant) and it is those numbers that should be reported to Council. ATTACHMENT VI Page - 1 | METROPOLITAN COUNCIL 2017 Municipal I&I Grant Program Cost Verification and Jobs Reporting Form Completion of this form and submission of attachments is the basis for entering into agreement with the Metropolitan Council on the 2017 I&I Grant program. This form and its attachments verify that the community has finished I&I reduction projects, with costs eligible for reimbursement under the 2017 I&I Grant program. Please send the completed form and required attachments to (electronic submission preferred): Mail:Matt Gsellmeier, MCES Grant Administrator 390 N. Robert Street St. Paul, MN 55101 Email:Matthew.Gsellmeier@metc.state.mn.us Phone:(651) 602-1802 Required Attachments: Please attach and return the following items to Met Council by November 1, 2019: 1. The Cost Verification & Jobs Reporting Form (This form) 2. One of the following that applies to your city’s property situation: o Attachment 1 to Grant Agreement – DECLARATION of Real Property, and ƒAttachment II to Grant Agreement – Legal Description of Real Property, OR o Attachment 1-A – CERTIFICATION pursuant to Waiver of Real Property Declaration for projects located under any right of way, and ƒExhibit A – LEGAL DESCRIPTION, NARRATIVE DESCRIPTION, OR MAP OF RESTRICTED PROPERTY 3. A city resolution authorizing application and execution of the Grant agreement 4. A detailed breakdown of actual expenditures that tie-out to the project costs cited in the Cost Verification Form. o MCES may request additional documentation to verify expenditures. 5. Description of work completed 6. Invoices or other documents that substantiate the cost of work completed. Required Cost Verification Information: City:Lino Lakes, MN City Official/Title:Diane Hankee / City Engineer Phone #:651-982-2430 Project Start Date:September 2018 Project End Date:September 2019 Were projects completed between May 31, 2017 and November 1, 2019 (Y/N):Y In the space provided on the next page, please enter a summary of your costs, and your eligible I&I work. As a reminder, the following work is considered non-eligible under the I&I program: x Studies, investigations or inspections x Any improvement to privately owned infrastructure Enter A Summary of Total Project Costs: Enter the Eligible I&I Costs that your City incurred between May 31, 2017 and May 30, 2018 (Column A): Type of work: (A) Total Project Costs: (B) Covered: 50% of Project Costs (C) % Eligible for funding (D)Amount Eligible For Grant Funding 1. Pipe Lining and Replacement X 50% = $ 0.00 X 50% = $ 0.00 2. Pipe Joint Sealing and chimney Seals X 50% = $ 0.00 X 100% = $ 0.00 3. Manholes – Lining, replacement X 50% = $ 0.00 X 50% = $ 0.00 4. Manhole Sealing joints, castings, cover X 50% = $ 0.00 X 100% = $ 0.00 5. Flood Mitigation X 50% = $ 0.00 X 10% = $ 0.00 6. Cross Connection Elimination X 50% = $ 0.00 X 100% = $ 0.00 Total: $ 0.00 $ 0.00 $ 0.00 Enter the Eligible I&I Costs that your City incurred between May 31, 2018 and November 1, 2019 (Column A): Type of work: (A) Total Project Costs: (B) Covered: 50% of Project Costs (C) % Eligible for funding (D)Amount Eligible For Grant Funding 1. Pipe Lining and Replacement $120,958.50 X 50% = $60,479.25 X 50% = $30,239.63 2. Pipe Joint Sealing and chimney Seals $1,620.00 X 50% = $ 810.00 X 100% = $ 810.00 3. Manholes – Lining, replacement $32,000.00 X 50% = $16,000.00 X 50% = $8,000.00 4. Manhole Sealing joints, castings, cover $8,100.00 X 50% = $4,050.00 X 100% = $4,050.00 5. Flood Mitigation X 50% = $ 0.00 X 10% = $ 0.00 6. Cross Connection Elimination X 50% = $ 0.00 X 100% = $ 0.00 Total: $162,678.50 $81,339.25 $43,099.63 2019 LaMotte Area Street & Utility Improvement Project - CIPP in Place Lining 8"; Structure Lining: Chimney Seals and Sealed Castings installed on all Structures - $162,678.50 Required Jobs Reporting Information: Per legislative requirements (Minn. Stat. Sec. 16A.633,Subd. 4), each grantee must report on ‘jobs created or retained’ as a result of projects funded through State Bond funds. To the best of your abilities, please complete the forms below. For reference, 1 FTE = 2,080 annual work hours (40 Hours X 52 Weeks per year). 1. Use the space below to enter jobs information for Engineering Professionals: Hourly Wage Range: Full-Time Equivalent (FTE) Jobs Created: Full-Time Equivalent (FTE) Jobs Retained: Less than $10.00 $10.01 to $15.00 $15.01 to $20.00 $20.01 to $25.00 $25.01 to $30.00 $30.01 to $35.00 $35.01 to $40.00 More than $40.00 2. Use the space below to enter jobs information for Construction Workers: Hourly Wage Range: Full-Time Equivalent (FTE) Jobs Created: Full-Time Equivalent (FTE) Jobs Retained: Less than $10.00 $10.01 to $15.00 $15.01 to $20.00 $20.01 to $25.00 $25.01 to $30.00 $30.01 to $35.00 $35.01 to $40.00 More than $40.00 3. Use the space below to enter jobs information for All Other Workers: Hourly Wage Range: Full-Time Equivalent (FTE) Jobs Created: Full-Time Equivalent (FTE) Jobs Retained: Less than $10.00 $10.01 to $15.00 $15.01 to $20.00 $20.01 to $25.00 $25.01 to $30.00 $30.01 to $35.00 $35.01 to $40.00 More than $40.00 L s R s d: D r 1, 2009EXAMPLE OF PIN NUMBER: 22-31-22-41-0012SPECIFIC PARCEL NUMBERS ARE IN BRACKETS: [1]SURVEYOR'S OFFICEROOM 2242100 3RD AVENUE N.ANOKA, MN 55303ANOKA COUNTY (763) 323-5510INACCURACIES HEREIN CONTAINED.THIS IS A COMPILATION OF RECORDS ASTHEY APPEAR IN THE ANOKA COUNTYOFFICES AFFECTING THE AREA SHOWN.THIS DRAWING IS TO BE USED ONLY FORREFERENCE PURPOSES AND THE COUNTYIS NOT RESPONSIBLE FOR ANYSectionNumberTownshipNumberRangeNumberQuarterQuarterSpecificParcelXX XX XX XX XXXXPROPERTY IDENTIFICATION NUMBER1112212223 24 13 144142313233 34 43 44QUARTER QUARTER INDEXSOUTH HALFOF SECTIONNORTH HALFOF SECTION07/31/2019 12:34:14 PM, D Pr d SHERMAN LAKE RDTIMBERWOLF TRL TEAL CTOSPREY CTHUNTERS RDGLAMOTTE CIRCIRWOLF CIRMALLARD LNCIRBLACK DUCK CIR L CTPARTRIDGE PLLAMOTTE DRIVEC E N T E R V I L L E L A K ESCALE IN FEET0 800 1600F/OUGTGCNDCTVOHUGEOHEUGEOHTTHE 2016 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION"STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION." SHALL GOVERN.ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL CONFORM TO THE LATEST EDITIONMN MUTCD INCLUDING THE FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ONE THE CITY OF LINO LAKES GENERAL SPECIFICATIONS & STANDARD DETAIL PLATESWATERMAIN AND SANITARY SEWER SHALL BE CONSTRUCTED IN ACCORDANCE WITHFOR STREET & UTILITY CONSTRUCTION.THE CITY ENGINEER'S ASSOCIATION OF MINNESOTA STANDARD UTILITIESSPECIFICATIONS (2013).LAYOUTS, ALL TRAFFIC CONTROL DEVICES SHALL HAVE RETROREFLECTIVE SHEETING.RECORD DRAWING 2018CONTRACTOR: FOREST LAKE CONTRACTING LOCATIONMATCHLINE STA: 6+00SEE SHEET 11SCALE IN FEET0H:30 60SCALE IN FEET0V:510LAMOTTE CIRCOUNTY ROAD JCENTERVILLELAKESHERMAN LAKE ROADLAMOTTE DRIVELAMOTTE CIRCLESEE SHEET 13RECORD DRAWING 2018CONTRACTOR: FOREST LAKE CONTRACTING LOCATIONMATCHLINE STA: 11+00SEE SHEET 12SCALE IN FEET0H:30 60SCALE IN FEET0V:510LAMOTTE CIRCOUNTY ROAD JCENTERVILLELAKESHERMAN LAKE ROADLAMOTTE DRIVEMAT C HLI NE ST A: 6+00SEE SHEET 10RECORD DRAWING 2018CONTRACTOR: FOREST LAKE CONTRACTING LOCATIONSCALE IN FEET0H:30 60SCALE IN FEET0V:510LAMOTTE CIRCOUNTY ROAD JCENTERVILLELAKESHERMAN LAKE ROADLAMOTTE DRIVEMATCHLINE STA: 11+00SEE SHEET 11RECORD DRAWING 2018CONTRACTOR: FOREST LAKE CONTRACTING LOCATIONSCALE IN FEET0H:30 60SCALE IN FEET0V:510LAMOTTE CIRCOUNTY ROAD JCENTERVILLELAKESHERMAN LAKE ROADLAMOTTE DRIVEMATCHLINE STA: 25+00SEE SHEET 14LAMOTTE DRIVESEE SHEET 10LAMOTTE DRIVESEE SHEET 10RECORD DRAWING 2018CONTRACTOR: FOREST LAKE CONTRACTING LOCATIONSCALE IN FEET0H:30 60SCALE IN FEET0V:510LAMOTTE CIRCOUNTY ROAD JCENTERVILLELAKESHERMAN LAKE ROADLAMOTTE DRIVEMATCHLINE STA: 25+00SEE SHEET 13RECORD DRAWING 2018CONTRACTOR: FOREST LAKE CONTRACTING                                     7RWDOV    53D\PHQW6XPPDU\ 1R )URP'DWH 7R'DWH :RUN&HUWLILHG 3HU3D\9RXFKHU $PRXQW5HWDLQHG 3HU3D\9RXFKHU $PRXQW3DLG 3HU3D\9RXFKHU 81)      7RWDOV      5)XQGLQJ&DWHJRU\5HSRUW )XQGLQJ &DWHJRU\ 1R :RUN &HUWLILHG 7R'DWH /HVV $PRXQW 5HWDLQHG /HVV 3UHYLRXV 3D\PHQWV $PRXQW3DLG 7KLV 3D\9RXFKHU 7RWDO $PRXQW3DLG 7R'DWH 81) 8QIXQGHG     7RWDOV     5)XQGLQJ6RXUFH5HSRUW $FFRXQWLQJ 1R )XQGLQJ 6RXUFH $PRXQW3DLG 7KLV 3D\9RXFKHU 5HYLVHG &RQWUDFW $PRXQW )XQGV (QFXPEHUHG 7R'DWH 3DLG7R &RQWUDFWRU 7R'DWH &,7<2)/,12/$.(6 7RZQ&HQWHU3DUNZD\ /LQR/DNHV01 3URMHFW1R5 3D\9RXFKHU1R 3DJH RI3D\9RXFKHU 6FKHGXOH$6WUHHW,PSURYHPHQWV   02%,/,=$7,21 /6         &/($5,1* 75((         *58%%,1* 75((         5(029(&85%  *877(5 /)         5(029( &21&5(7( '5,9(:$< 3$9(0(17 6<         5(029( %,780,1286 '5,9(:$< 3$9(0(17 6<         5(029( %,780,1286 3$9(0(17 6<         6$:,1* %,780,1286 3$9(0(17 )8// '(37+ /)         6$/9$*(6,*1 ($&+         6$/9$*(0$,/ %2;($&+         6$/9$*($1' 5(,167$// /$1'6&$3( 6758&785(6 /6         &20021 (;&$9$7,21 (9  3 &<         68%*5$'( (;&$9$7,21 (9 &<         6(/(&7 *5$18/$5 %2552: &9 &<         6(/(&7 *5$18/$5 %2552:02' &9 &<         '(:$7(5,1* /6         62,/ 67$%,/,=$7,21 *(2*5,' 6<         *(27(;7,/( )$%5,&7<3(9 6<         68%*5$'( 35(3$5$7,21 5'67         675((7 6:((3(5 :,7+ 3,&.83%5220 +285       53URMHFW0DWHULDO6WDWXV /LQH ,WHP 'HVFULSWLRQ 8QLWV 8QLW3ULFH &RQWUDFW 4XDQWLW\ 4XDQWLW\ 7KLV 3D\ 9RXFKHU $PRXQW7KLV 3D\9RXFKHU 4XDQWLW\ 7R'DWH $PRXQW 7R'DWH &,7<2)/,12/$.(6 7RZQ&HQWHU3DUNZD\ /LQR/DNHV01 3URMHFW1R5 3D\9RXFKHU1R 3DJH RI3D\9RXFKHU   :$7(5 0*$/         $**5(*$7( %$6(&/$66721         '5$,1$%/( $**5(*$7( %$6(7<3('6% &9 &<         %,780,1286 0$7(5,$/)25 7$&.&2$7 *$/         7<3(63 :($5,1* &2856(0,; 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The streets construction took place included: x Lamotte Drive from the south end to the Lino Lakes/Centerville border x Lamotte Circle I/I Mitigation The project reduced infiltration through the lining of existing deteriorating sanitary main and sanitary manholes as well as the installation of new chimney seals and castings on structures. Ownership Value and Useful Life The ownership value is equal to the improvement cost of $162,678.50. The useful life of the improvement is anticipated to be 40 years.            ! "#    !          $ %&  '() * +*(+*$ +*(+*$, -* $ %&  '() . ($.+ $ %&  '() . *(+$* .$(.+, -. $ %&  '()  $$(+.*+. $$(+.*, - $ %&  '() $. .*(+.$ .*(+, -$. $ %&  '()  ($ ($, - /0, 1$ 2(*(* '   ! "#    ! 1 2 CITY OF LINO LAKES RESOLUTION NO. 23-20 RESOLUTION ACCEPTING AND APPROVING THE GRANT AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE METROPOLITAN COUNCIL OF ENVIRONMENTAL SERVICES FOR THE IMPROVEMENT OF PUBLICALLY OWNED INFRASTRUCTURE AND APPROVING CERTIFICATE OF REAL PROPERTY WHEREAS, the Minnesota Legislature has appropriated to the Metropolitan Council of Environmental Services (MCES) in the 2020 State Bonding Bills, $5,000,000 for a grant program to be administered by the MCES for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the MCES metropolitan sanitary sewer disposal system (I/I Municipal Grant Program). WHEREAS, the MCES has identified the City of LINO LAKES as a contributor of excessive inflow and infiltration to the MCES metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program. WHEREAS, grant monies will be awarded to pre-approved municipalities for a pre-determined amount up to 50% of eligible improvements completed between January 1, 2021 and December 31, 2022. WHEREAS, The City of LINO LAKES has submitted an application to the Metropolitan Council of Environmental Services (MCES) for grant funding for improvements to the publicly owned sanitary sewer system to reduce inflow and infiltration; and WHEREAS, The MCES has determined to contribute one-half of the actual amount of eligible expenses during the grant activity period up to an estimated Preliminary Minimum Allocation (PMA) of $50,000. In addition to the PMA an additional Final Reimbursement Amount (FRA) will be allocated proportionally to grant participants, determined based on eligible project expenses submitted and available remaining grant program funds. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. The City of LINO LAKES has budgeted and completed the City’s portion of the improvements as set forth in the agreement; and 2. The City Council agrees to accept and approve the Grant Agreement between the City of LINO LAKES and the Metropolitan Council of Environmental Services; and 3. The City Council hereby authorizes the City Administrator and the City Clerk to execute said Agreement for and on behalf of the City of LINO LAKES. 4. The City Council hereby approves the Certificate of Real Property. 2 Adopted by the Council of the City of Lino Lakes this 13th day of March, 2023. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Hannah Lynch, City Clerk