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
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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
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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.
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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.
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(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.
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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.
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(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.
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(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
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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.
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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.
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§ 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.
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(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.
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(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
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A
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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
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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.
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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
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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.
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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
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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.
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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
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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:
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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.
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NONE
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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
Attachment 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
Exhibit 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
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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
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2019 LaMotte Area Street & Utility Improvement Project
Project Description
The project consisted of the lining of approximately 2,300 feet of existing 8-inch and 12-inch
sanitary sewer main as well as the lining of 9 sanitary sewer structures and installation of
new chimney seals and castings on 9 total sanitary sewer structures. 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.
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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