Loading...
HomeMy WebLinkAbout08/25/2026 - AmendedLAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, AUGUST 25, 2026 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of August 10, 2026, City Council Meeting c. Claims Totaling $104,298.43 4. CONSENT 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. Update from Lauderdale Representative to Les Bolstad Community Advisory Committee 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM a. 2027 Draft General and Special Revenue Fund Budgets 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS a. Proposal for Limited Environmental Soil Sampling 11. SET AGENDAS FOR UPCOMING MEETINGS a. 2027 Draft General and Special Revenue Fund Budgets b. Introduction by Rachel Development — September Meeting 12. WORK SESSION a. Staff Project Updates b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to three (3) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. 13. ADJOURNMENT You are invited to a Zoom webinar! When: Aug 25, 2026 07:00 PM Central Time (US and Canada) Topic: August 25, 2026 Lauderdale City Council Webinar Join from PC, Mac, iPad, or Android: https://us02web.zoom.us/j/83861838121?pwd=KSJxilawKeb2D6ptUxflPTOECc036b.1 Passcode:172405 Phone one-tap: +16469313860„838618381214,,,,*172405# US +13017158592„83861838121#,,,,* 172405# US (Washington DC) Join via audio: +1 646 931 3860 US +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 9128 US (San Jose) +l 689 278 1000 US +l 719 359 4580 US +1 253 205 0468 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US Webinar ID: 838 6183 8121 Passcode: 172405 International numbers available: https:Hus02web.zoom.us/u/kcONR9iaLE LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 3 August 10, 2026 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:04 p.m. Roll Call Councilors present: Jeff Dains, Sharon Kelly, Evan Sayre, Duane Pulford, and Mayor Mary Gaasch. Councilors absent: None. Staff present: Heather Butkowski, City Administrator; and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions to the meeting agenda. Butkowski stated that she would like to add geotechnical and environmental testing at 2430 Larpenteur Avenue to the Additional Items section of the agenda. There being nothing else, Councilor Dains moved and seconded by Councilor Sayre to approve the agenda as amended. Motion carried unanimously. Mayor Gaasch asked if there were corrections to the minutes of the July 28, 2026, City Council meeting. Councilor Kelly stated that on page two of the minutes, in the second to last paragraph, "I" should read as "is." There being nothing else, Councilor Kelly moved and seconded by Councilor Pulford to approve the July 28, 2026, City Council meeting minutes as amended. Motion carried unanimously. Mayor Gaasch asked if there were any questions on the claims. Councilor Pulford moved and seconded by Councilor Dains to approve the claims totaling $183,455.67. Motion carried unanimously. Consent Councilor Sayre moved and seconded by Councilor Dains to approve the Consent Agenda thereby acknowledging the July financial reports, and a quote for a topographic survey at 2430 Larpenteur Avenue West. Discussion/Action Item A. 2027 Draft General and Special Revenue Funds Budgets Butkowski said that staff had spent time revising the draft General Fund budget over the past month. The biggest change related to the public safety costs. Due to the new policing formula, the St. Anthony city manager said that Lauderdale won't see the five percent increase factored into the first draft budget. It is factored at one percent, but staff haven't received final costs. Ramsey County sent estimated values and fiscal disparities revenue. The City can expect an additional $15,294 in fiscal disparities. Factoring all the budget changes, the overall general fund budget increases $39,538 or 2.0%. Due to the additional fiscal disparities, the projected local levy increase totals 2.5%. Yet to be finalized is county assessor taxable market value information LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 3 August 10, 2026 for residential, apartment, and commercial classes. Those figures are needed to calculate the impact of the proposed tax increase. Based on information available on Ramsey County's website, staff expect the reports will show a less than one percent decrease in housing values with a median value home amount of $319,100 for 2027 versus $321,900 for 2026. Additionally, staff put together the other proposed fund budgets for 2027. They reflect the capital costs included in the capital improvement plan. Also provided is a calculation of tax impact to individual homeowners that was derived from the County's website. B. 2027 Budget Priorities and Capital Improvement Plan Butkowski presented the draft capital improvement plan along with a list of priorities that were discussed with the Council. C. Community Park Hockey Rink/Repair Replacement Part of the budgetary conversation for 2027 regards fixing or replacing the hockey rink. The City's park fund balance is $223,854. Approximately $28,000 of that was spent this year on resurfacing the tennis court and Community Park playground surface. Becker Arena provided pricing for repairing the sections that fell ($29,737), replacing the rink with a new wooden board system ($97,210), or replacing the rink with a new aluminum framed rink with poly dasher boards ($131,798). To have the hockey rink ready for the season, the Council had to decide which method of repairing or replacing was preferred. Discussions regarding how to fund the project can continue through the end of September when the Council sets the preliminary levy. Councilor Sayre made a motion to adopt Solution 2: Replace with an aluminum/poly dasher board system. This was seconded by Councilor Pulford and carried unanimously. Additional Items A. Geotechnical and Environmental Testing at 2430 Larpenteur Avenue Butkowski explained the next step in the redevelopment of 2430 Larpenteur is to have geotechnical and environmental testing completed. The original Phase I and II were completed by Peer Engineering in 2014. Peer Engineering was acquired by Braun and the employees that created the original Phase I and II continue to work at Braun. As noted in the proposal, the purpose of the geotechnical evaluation will be to "characterize subsurface geologic conditions at selected boring locations, evaluate their impact on the project, and provide geotechnical recommendations for the design and construction of the dispensary." In short, this proposal lays out for the architects the suitability of the site for construction. Part of the issue is that there is a known history of previous owners burying unwanted materials LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 August 10, 2026 underground along the south side of the property. The report will let the architects know whether stable soils exist or whether other methods will need to be used to build on the site. Braun also noted it is more cost effective to take additional environmental samples while they complete the geotechnical work noted in the proposal. The anticipated price is an additional $5,000. Staff recommend completing the environmental work now both from a cost perspective, and to situate ourselves for environmental grants through Ramsey County based on what the test results shows. Councilor Pulford made a motion to approve the Braun Intertec proposal for Geotechnical Evaluation and approve up to an additional $5,000 for environmental testing. This was seconded by Councilor Kelly and carried unanimously. Set Agenda for Next Meeting Butkowski stated that the next meeting may include the 2027 draft general and special revenue fund budgets and an update from Lauderdale representatives to the Les Bolstad community advisory committee. Work Session A. Staff Project Updates Butkowski stated that she has no further updates at this time. B. Opportunity for the Public to Address the City Council Mayor Gaasch opened the floor to those interested in addressing the Council. There being nobody interested in speaking, Mayor Gaasch closed the floor. Adjournment Councilor Dains moved and seconded by Councilor Kelly to adjourn the meeting at 8:05 p.m. Motion carried unanimously. Respectfully submitted, Miles Cline Deputy City Clerk To: From: Meeting Date: Subject: CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 Request for Council Action Mayor and City Council City Administrator August 25, 2026 List of Claims The claims totaling $104,298.43 are provided for City Council review and approval that includes check numbers 29978 to 29993. Accounts Payable Checks by Date - Detail by Check Date User: miles.cline Printed: 8/24/2026 2:26 PM Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 43 Public Employees Retirement Association 08/14/2026 PR Batch 51700.08.2026 PERA Coordinated PR Batch 51700.08.2026 PER 1,200.36 PR Batch 51700.08.2026 PERA Coordinated PR Batch 51700.08.2026 PER 1,385.02 Total for this ACH Check for Vendor 43: 2,585.38 ACH 44 Minnesota Department of Revenue 08/14/2026 PR Batch 51700.08.2026 State Income Tax PR Batch 51700.08.2026 Stat( 867.90 Total for this ACH Check for Vendor 44: 867.90 ACH 45 Mission Square 303990 08/14/2026 PR Batch 51700.08.2026 Deferred Comp PR Batch 51700.08.2026 Defi 2,016.33 PR Batch 51700.08.2026 Deferred Comp PR Batch 51700.08.2026 Defi 1,160.95 Total for this ACH Check for Vendor 45: 3,177.28 ACH 46 Internal Revenue Service 08/14/2026 PR Batch 51700.08.2026 Medicare Employee Pc PR Batch 51700.08.2026 Mee 300.87 PR Batch 51700.08.2026 Medicare Employer Po PR Batch 51700.08.2026 Mee 300.87 PR Batch 51700.08.2026 Federal Income Tax PR Batch 51700.08.2026 Fed( 2,140.33 PR Batch 51700.08.2026 FICA Employee Portio PR Batch 51700.08.2026 FIC. 1,286.49 PR Batch 51700.08.2026 FICA Employer Portio PR Batch 51700.08.2026 FIC. 1,286.49 Total for this ACH Check for Vendor 46: 5,315.05 ACH 47 Public Employees Insurance Program 08/14/2026 PR Batch 51700.08.2026 Health Insurance PR Batch 51700.08.2026 Hea 1,510.92 PR Batch 51700.08.2026 Dental PR Batch 51700.08.2026 Den 85.20 Total for this ACH Check for Vendor 47: 1,596.12 Total for 8/14/2026: 13,541.73 29978 472 Ballman Roofing & Coating 08/25/2026 2456694 Repairs to City Hall Roof 3,989.00 Total for Check Number 29978: 3,989.00 29979 407 Becker Arena Products Inc 08/25/2026 619967 Repairs to Hockey Rink Infrastructure 59,309.10 Total for Check Number 29979: 59,309.10 29980 52 Bluechip Tree Company Inc 08/25/2026 082026 Trim /Remove Trees at Parks & Garage 3,895.00 Total for Check Number 29980: 3,895.00 29981 311 CivicPlus LLC 08/25/2026 AP Checks by Date - Detail by Check Date (8/24/2026 2:26 PM) Pagel Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 384238 City Website Maintenance Fee 4,911.90 Total for Check Number 29981: 4,911.90 29982 192 Comcast Holdings Corporation 08/25/2026 279499751 August Internet 413.00 Total for Check Number 29982: 413.00 29983 134 Katrina Joseph 08/25/2026 00170 July Legal Services 925.00 Total for Check Number 29983: 925.00 29984 31 Kennedy & Graven Chartered 08/25/2026 194684 July Legal Services 1,968.00 Total for Check Number 29984: 1,968.00 29985 185 Lauderdale Certified Auto Repair Inc 08/25/2026 082026 July Fuel 20.56 082026 July Fuel 20.57 082026 July Fuel 95.97 Total for Check Number 29985: 137.10 29986 471 Midwest Groundcover 08/25/2026 26082 New Wear Mats and Ground Cover for Comm P; 12,802.50 Total for Check Number 29986: 12,802.50 29987 79 Minnesota Department of Labor & Industry 08/25/2026 JUNE1230252026 2Q2026 Surcharge Report 236.30 Total for Check Number 29987: 236.30 29988 388 PeopleService Inc 08/25/2026 PS-INV110790 September Wastewater 685.00 Total for Check Number 29988: 685.00 29989 135 St Paul Pioneer Press 08/25/2026 136482 Publish Reasonable Accommodation Requests 0 23.37 136482 Publish 2025 TIF Submission 200.64 Total for Check Number 29989: 224.01 29990 81 St Paul Regional Water Service 08/25/2026 082026 1885 Fulham St 98.62 082026 1915 Walnut St 30.85 082026 1891 Walnut St 131.24 Total for Check Number 29990: 260.71 29991 90 Verizon Wireless 08/25/2026 6149986158 July Cell Phone 38.81 6149986158 July Cell Phone 38.81 6149986158 July Cell Phone 77.62 Total for Check Number 29991: 155.24 29992 425 Vestis 08/25/2026 2501057519 August Uniforms 25.55 AP Checks by Date - Detail by Check Date (8/24/2026 2:26 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 2501057519 August Uniforms 25.55 2501063072 August Uniforms 25.07 2501063072 August Uniforms 25.08 Total for Check Number 29992: 101.25 29993 74 Xcel Energy 08/25/2026 988926591 July Street Lighting 575.91 989171616 LaipenteurAvenue 50.70 989600914 1885 Fulham Street 23.24 989600914 1917 Walnut Street 17.33 989600914 1917 Walnut Street 23.24 989600914 1885 Fulham Street 42.64 989626896 2430 Larpenteur Avenue W 10.53 Total for Check Number 29993: 743.59 Total for 8/25/2626: 90,756.70 Report Total (21 checks): 104,298.43 AP Checks by Date - Detail by Check Date (8/24/2026 2:26 PM) Page 3 LAUDERDALE COUNCIL ACTION FORM Meeting Date August 25, 2026 Agenda Item Bolstad Committee Action Requested Consent ❑ Public Hearing ❑ Discussion ❑ Action ❑ Resolution ❑ Work Session ❑ DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Geoff Kramer was appointed by the City Council to the Les Bolstad Golf Course Redevelopment Community Advisory Committee. The Committee has met monthly since May. Geoff will provide an overview on the meetings so far and issues the Committee is focused on. STAFF RECOMMENDATION: LAUDERDALE COUNCIL ACTION FORM Meeting Date August 25, 2026 Agenda Item 2027 Budget Action Requested Consent ❑ Public Hearing ❑ Discussion ❑ Action ❑ Resolution ❑ Work Session ❑ DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff don't anticipate any changes to the budget in advance of the city council meeting because the meeting with Ramsey County finance staff is scheduled for August 31. Staff is adding this to the agenda should there be something notable to discuss. STAFF RECOMMENDATION: LAUDERDALE COUNCIL ACTION FORM Meeting Date August 25, 2026 Agenda Item Environmental Testing Action Requested Consent ❑ Public Hearing ❑ Discussion ❑X Action ❑X Resolution ❑ Work Session ❑ DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The next step in the redevelopment of 2430 Larpenteur is to have geotechnical and environmental testing completed. The Council approved geotechnical testing at the previous meeting. The following is a quote for environmental testing. Braun noted it is more cost effective to take additional environmental samples while they complete the geotechnical work noted in the proposal. The anticipated price is an additional $6,750. Staff recommend completing the environmental work now both from a cost perspective and to situate ourselves for environmental grants through Ramsey County that we can investigate applying for in November or spring based on what the testing shows. STAFF RECOMMENDATION: Motion to approve the Braun Intertec proposal for Limited Environmental Soil Sampling. August 17, 2026 Heather Butkowski City of Lauderdale 1891 Walnut Street Saint Paul, MN 55113 Re: Proposal for Limited Environmental Soil Sampling Larpenteur Avenue Dispensary 2430 Larpenteur Avenue West Lauderdale, Minnesota Dear Ms. Butkowski: BRAUN INTERTEC Proposal10016255_002 Braun Intertec Corporation (Braun Intertec) submits this proposal to conduct Limited Environmental Soil Sampling at the above referenced site (the Site). The objective of the Limited Environmental Soil Sampling is to evaluate the Site for potential soil impacts that could affect the planned acquisition and redevelopment of the Site. This proposal will outline the scope of services and provide estimated costs for the proposed work. Background Previous environmental investigations have been completed for the Site including a Phase I Environmental Site Assessment (ESA) and Phase II ESA. The Phase I and Phase II ESAs were completed by Peer Engineering with results included in the reports entitled Phase I Environmental Site Assessment, Peer Engineering, December 17, 2013, and Phase Il Investigation Results, Peer Engineering, January 29, 2014. A brief summary of the findings and conclusions is presented below. The Phase I ESA identified the following RECs associated with the Site: "The subject property has been developed as an automobile service/gasoline station since 1936. Minnesota Pollution Control Agency (MPCA) records indicate that underground storage tanks (USTs) were formerly present on the property but have since been removed (Tank Site #3254). MPCA records also indicate that two releases related to the USTs had been reported in regard to the subject property (Leak#2412 in 1990 and Leak#18017 in 2010). The files regarding both of the releases have been closed indicating that the investigation and/or remediation was completed to the satisfaction of the MPCA, but this does not necessarily indicate that no contamination remains." t, As part of a 2011 Limited Site Investigation, "soil gas sampling revealed some elevated concentrations of various volatile organic compounds (VOCs). Tetrachloroethene (PCE) was reported in one sample at a concentration more than 100 times (100X) the Residential Intrusion Screening Value (ISV) and trichloroethene (TCE) and 1,2,4-trimethylbenzene were reported at concentrations 10 times (1 OX) the Residential ISV. No sampling was conducted in or beneath the building. 952,995.2000 1 11001 Hampshire Ave. S, Bloomington, MN 55438 , braunintertec,com City of Lauderdale ' "y Larpenteur Avenue Dispensary i Proposal10016255002 August 17, 2026 Chlorinated solvents, such as TCE, PCE, carbon tetrachloride (CT), methylene chloride, and/or methyl ethyl ketone (MEK) were commonly used as part of cleaning and degreasing activities in auto repair shops. There is a potential that additional soil impacts related to the past potential use of such solvents may be present." Results from the Phase II ESA identified the following: "No evidence of gasoline contamination was identified in this investigation; however, some residual gasoline contamination is likely present in isolated areas as identified in the 2011 Limited Site Investigation (LSI)." "There was no evidence of chlorinated solvent contamination in any sample that may be related to the elevated concentrations of tetrachloroethene (PCE) or trichlorothene (TCE) that were previously reported in the 2011 LSI" 114 Evidence of oil -like products and oil staining in soils was observed in the soil borings. "No metal was reported at a concentration exceeding the MPCA soil leaching values (SLVs) or soil reference values (SRVs) in any of the samples except the selenium concentration in all but one sample exceeded or matched the SLV. With no known contamination source, the widespread occurrence of selenium at concentrations slightly above the SLV is assumed to be naturally occurring. The MPCA allows unrestricted off -site reuse of soil with naturally occurring concentrations of selenium" Groundwater was not encountered during the Phase II ESA and was estimated to occur at a depth of 75 feet below ground surface (bgs). Volatile organic compounds (VOCs) in soil gas at concentrations exceeding 10Xthe residential Intrusion Screening Value (ISV) were observed in soil gas samples collected including tetrachloroethene, trichloroethene, methylene chloride, 1,2,4-trimethylbenzene, and 1,3-butadiene. The scope of services presented below are recommended to evaluate the Site for potential soil impacts that could affect the planned acquisition and redevelopment of the Site. The scope of services will be completed in tandem with the Site's geotechnical assessment included in the Braun Intertec proposal dated August 7, 2026 (proposal number 10016255_001). The environmental scope of services includes the following components: A Soil screening and logging from the four geotechnical soil borings H Soil sampling and analytical testing from the four geotechnical soil borings - A letter report summarizing logging and analytical testing results Braun Intertec Page 2 City of Lauderdale Larpenteur Avenue Dispensary Proposal10016255_002Bi August 17, 2026,.,„ Site staking, location measurements (GPS coordinate and elevation collection), and utility clearance of boring locations is included in the Braun Intertec geotechnical proposal. Groundwater is not anticipated to be encountered in any of the test borings. As part of the geotechnical work scope, Braun Intertec will advance four standard penetration test soil borings at the Site to a total depth of 20 feet bgs. During soil boring advancement, soil samples will be collected for field screening and laboratory analysis. Soil samples for field screening will be collected at 21/2-foot intervals. The work will be completed following Braun Intertec Standard Operating Procedures (SOPS). Following completion, the boreholes wilt be sealed in general accordance with Minnesota Department of Health (MDH) guidelines as previously proposed. Soil samples from the soil borings will be visually and manually classified in the field by an environmental technician using ASTM D2488 "Standard Practice for Description and Identification of Soils (Visual -Manual Procedures)." In addition, the soil samples will be screened for the presence of organic vapors using a photoionization detector (PID). The PID will be equipped with a 10.6 electron volt tamp and calibrated to an isobutylene standard. The PID will be used to perform direct measurement and a headspace method of field analysis as recommended by the Minnesota Pollution Control Agency (MPCA) and in accordance with Braun Intertec SOPs. The budget for this task assumes that the field workwilt take up to one day to complete. Up to four soil samples wilt be collected from the soil borings for laboratory analysis in accordance with Braun Intertec SOPs. The soil samples will be at depth intervals in the unsaturated zone and where indications of contamination are observed in the field, if encountered. If no indications of contamination are observed in the field and saturated soil is not encountered, soil samples will be collected from depths most likely to be encountered during proposed redevelopment activities. Up to four soil samples will be collected as part of this investigation. The budget for this task assumes that a total of four soil samples will be submitted to Pace Analytical Laboratories (Pace) of Minneapolis, Minnesota under standard turn around times and analyzed for the following parameters: VOCs using United States Environmental Protection Agency (EPA) Method 8260 Polycyclic aromatic hydrocarbons (PAHs) using EPA Method 8270 Diesel range organics (DRO) usingthe Wisconsin Department of Natural Resources (WDNR) Method Gasoline range organics (GRO) usingthe WDNR Method Eight Resource Conservation and Recovery Act (RCRA) metals using EPA Methods 6010 and 7471 Braun Intertec Page 3 City of Lauderdale--" Larpenteur Avenue Dispensary Proposal10016255002 August 17, 2026 _ Verbal results of the assessment will be provided to you as they become available. Upon completion of the on -Site work and receipt of laboratory analytical results, a report will be prepared detailing the methods, results, and conclusions/recommendations. A draft copy of the report will be forwarded to you prior to report finalization. Only an electronic copy of the Braun Intertec report will be submitted to you unless you request otherwise. NWAMr,11 MIT Braun Intertec will provide the services described herein on an hourly and unit -cost basis. The estimated cost breakdown summary is listed below. Field Equipment, Sampling Supplies and Mileage $ 2,025 Subcontract Analytical Testing (assumes standard turnaround) -Cost+15% $ 1,900 Reporting $ 2,825 Estimated Total $ 6,750 Braun Intertec will begin the project upon receipt of your authorization. The estimated cost of $6,750 presented is based on the scope of services described herein, the assumption that the proposal will be authorized within 30 days, and that the project will be completed within the proposed schedule. This cost estimate was developed with the understanding that the scope of services defined herein will be performed during our normal business hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. Services that we are asked to provide outside our normal business hours will be invoiced at 1.25 times the listed hourly rate. Services provided on Sunday or legal holidays will be invoiced at 1.5 times the listed hourly rate. You will be billed only for services provided on a time and material basis. a Field work is scheduled to be completed on September 4, 2026 and is estimated to take 1 day to complete. Typical turnaround time on laboratory analysis is approximately 8 to 10 business days for all samples. A draft report will be forwarded to you within 2 weeks after receipt of laboratory analytical results. If the proposed scope of services cannot be completed according to this schedule due to circumstances beyond control, Braun Intertec will notify and discuss with you the revised schedule. Braun Intertec Page 4 City of Lauderdale Larpenteur Avenue Dispensary 1 Proposal10016255_002 August 17, 2026 L' Please note the scope of services for the proposed investigation, in conjunction with the existing data, is designed to evaluate the potential presence of soil contamination and debris. However, because there is a fixed number of sampling locations proposed, the scope of services proposed herein may not fully define the extent of contamination that may be present at the Site. If field conditions indicate the need for additional soil borings or sample collection and analysis, Braun Intertec will contact you for authorization before proceeding. Further, please note that identification of contamination may require the property owner to notify the MPCA of an identified release, and additional investigation may be required to evaluate the extent of impacts and to obtain applicable liability assurance letters from the MPCA. Braun Intertec will not collect groundwater or soil vapor samples as a part of this sampling event. Site staking, location measurements (GPS coordinate and elevation collection), and utility clearance of boring locations is included in the Braun Intertec geotechnical proposal and is not included in this scope of services. The proposed investigation includes collection of electronic data regarding sample locations, field screening results, and analytical results. If the Site is enrolled in an MPCA program, Braun Intertec will submit the electronic data to the MPCA's Environmental Quality Information System (EQuIS), which is required by MPCAto obtain approvals. Braun Intertec Page 5 City of Lauderdale U- ___ _ ' Larpenteur Avenue Dispensary Proposal10016255_002 August 17, 2026 Ill. - - I General Remarks We based the proposed fee on the scope of services described and the assumption that you will authorize our services within 30 days and that others will not delay us beyond our proposed schedule. We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To accept this proposal and authorize us to proceed, please sign and return it to us in its entirety. We appreciate the opportunity to present this proposal to you. We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Layne Kortbein at 608.408.9954 or LKortbein@braunintertec.com or Kathryn Cleveland at 952.393.2743 or KCleveland@braunintertec.com. Sincerely, Braun Intertec Corporation The proposal is accepted, and Braun Intertec is authorized to proceed. 1'6inA,Z La e Iort✓bein Project Engineer Authorizer's Firm Kathryr Cleveland Supervisor, Senior Scientist Authorizer's Signature Attachments: General Conditions (11/04/2024) Authorizer's Name (please print or type) Authorizer's Title Date Braun Intertec Page 6 BRAUN INTERTEC GENERAL CONDITIONS SECTION 1:AGREEMENT 1.1 Agreement. This agreement consists of these General Conditions and the accompanying written proposal or authorization ("Agreement"). This Agreement is the entire agreement between Consultant and Client and supersedes all prior negotiations, representations or agreements, either written or oral. 1.2 Parties to the Agreement. The parties to this Agreement are the Braun Intertec entity ("Consultant") and the client ("Client") as described in the accompanying written proposal or authorization. Consultant and Client may be individually referred to as a Party or collectively as the Parties. SECTION 2: SCOPE OF SERVICES 2.1 Services. Consultant will provide services ("Services") in connection with the project ("Project") which are specifically described in this Agreement. Client understands and agrees that Consultant's Services are limited to those which are expressly set forth in this Agreement. 2.2 Additional Services. Any Services not specifically set forth in the Agreement constitute "Additional Services." Additional Services must be agreed upon in writing by the Parties prior to performance of the Additional Services and may entitle Consultant to additional compensation and schedule adjustments. Additional compensation will be based upon Consultant's then current rates and fees. SECTION 3: PERFORMANCE OF SERVICES 3.1 Standard of Care. Consultantwilt perform its professional Services consistent with the degree of care and skill exercised by members of Consultant's profession performing under similar circumstances at the same time and in the same locality in which the professional Services are performed. CONSULTANT DISCLAIMS ALL STATUTORY, ORAL, WRITTEN, EXPRESS, AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PERFORMANCE OF SERVICES IN A GOOD AND WORKMANLIKE MANNER. 3.2 Written Reports and Findings. Unless otherwise agreed in writing, Consultant's findings, opinions, and recommendations will be provided to Client in writing and may be delivered via electronic format. Client agrees not to rely on oralfindings, opinions, or recommendations. 3.3 Observation or Sampling Locations. Locations of field observations or sampling described in Consultant's report or shown on Consultant's sketches reference Project plans or information provided by others or estimates made by Consultant's personnel. Consultant will not survey, set, or check the accuracy of those points unless Consultant accepts that duty in writing. Client agrees that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. Client accepts the inherent risk that samples or observations may not be representative of items not sampled or seen and further that site conditions may vary over distance or change over time. 3.4 Project Site Information. Client will provide Consultant with prior environmental, geotechnical and other reports, specifications, plans, and information to which Client has access about the Project site and which are necessary for Consultant to carry out Consultant's Services. Client agrees to provide Consultant with all plans, changes in plans, and new information as to Project site conditions until Consultant has completed its Services. 3.5 Subsurface Objects. To the extent required to carry out Consultant's Services, Client agrees to provide Consultant, in a timely manner, with information that Client has regarding buried objects at the Project site. Consultant will not be responsible for locating buried objects or utilities at the Project site unless expressly set forth in this Agreement, or expressly required by applicable law. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from claims, damages, tosses, penalties and expenses (including attorney fees) involving buried objects or utilities that were not property marked or identified or of which Client had or should have had knowledge but did not timety notify Consultant or correctly identify on the plans Client or others furnished to Consultant. Consultant, from time to time, may hire a third party to locate underground objects or utilities and, unless otherwise expressly stated in this Agreement, such action shalt be for the sole benefit of Consultant and in no way will alleviate Client of its responsibilities hereunder. 3.6 Hazardous Materials. Client will notify Consultant of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any Project site or in any sample or material provided to Consultant. Client agrees to provide Consultant with information in Client's possession or control relating to such samples or materials. If Consultant observes or suspects the presence of contaminants not anticipated in this Agreement, Consultant may terminate Services without liability to Client or to others, and Client will compensate Consuttantfor fees earned and expenses incurred up to the time of termination. 3.7 Supervision of Others. Consultant shall have no obligation to supervise or direct Client's representatives, contractors, or other third parties retained by Client. Consultant has no authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Client, Client's representatives, contractors, or other third parties retained by Client. 3.8 Safety. Consultantwilt provide a health and safety program for its employees as well as reasonable personal protective equipment ("PPE") typical for the performance of the Services provided by this Agreement and as required by law. Consultant shall be entitled to compensation for all extraordinary PPE required by Client. Client will provide, at no cost to Consultant, appropriate Project site safety measures which are necessary for Consultant to perform its Services at the Project location or work areas in connection with the Project. Consultant's employees are expressly authorized by Client to refuse to work under conditions that may, in an employee's sole discretion, be unsafe. Consultant shall have no authority over or be responsible for the safety precautions and programs, or for security, at the Project site (except with respect to Consultant's own Services and those of its subconsultants). 3.9 Project Site Access and Damage. Client will provide or ensure access to the site. In the performance of Services some Project site damage is normal even when due care is exercised. Consultant will use reasonable care to minimize damage to the Project site. Unless otherwise expressly stated in this Agreement, the cost of restoration for such damage has not been included in the estimated fees and will be the responsibility of the Client. 3.10 Monitoring Wells. To the extent applicable to the Services, monitoring wells are Client's property, and Client is responsible for monitoringwetl permitting, maintenance, and abandonment unless otherwise expressly set forth in this Agreement. 3.11 Contaminant Disclosures Required by Law. Client agrees to make all disclosures related to the discovery or release of contaminants that are required by law. In the event Client does not own the Project site, Client acknowledges that it is Client's duty to inform the owner of the Project site of the discovery or release of contaminants at the site. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from claims, damages, penalties, or losses and expenses, including attorney fees, related to Client's failure to make any disclosure required by law or for failing to make the necessary disclosure to the owner of the Project site. SECTION 4: SCHEDULE 4.1 Schedule. Consultant shalt complete its obligations within a reasonable time and shalt make decisions and carry out its responsibilities in a manner consistent with the Standard of Care. Specific periods of time for rendering Services or specific dates by which Services are to be completed are provided in this Agreement. If Consultant is delayed in the performance of the Services by actions, inactions, or neglect of Client or others for whom Client is responsible, by changes ordered in the Services, or by other causes beyond the control of Consultant, including force majeure events, then the time for Consultant's performance of Services shalt be extended and Consultant shall receive payment for all expenses attributable to the delay in accordance with Consultant's then current rates and fees. 4.2 Scheduling On -Site Observations or Services. To the extent Consultant's Services require observations, inspections, or testing be performed at the Project site, Client understands and agrees that Client, directly or indirectly through its authorized representative, has the sole right and responsibility to determine and communicate to Consultant the scheduling of observations, inspections, and testing performed by Consultant. Accordingly, Client also acknowledges that Consultant bears no responsibility for damages that may result because Consultant did not perform such observations, inspections, or testing that Client failed to request and schedule. Client understands that the scheduling of observations, inspections, or testing will dictate the time Consultant's field personnel spend on the job site and agrees to pay for all services provided by Consultant due to Client's scheduling demands in accordance with Consultant's then current rates and fees. SECTION 5: COST AND PAYMENT OF SERVICES 5.1 Cost Estimates. Consultant's price or fees provided for in this Agreement are an estimate and are not a fixed amount unless otherwise expressly stated in this Agreement. Consultant's estimated fees are based upon Consultant's experience, knowledge, and professional judgment as welt as information available to Consultant at the time ofthis Agreement. Actual costs may vary and are not guaranteed orwarrantied. 5.2 Payment. Consultant will invoice Client on a monthly basis for Services performed. Client will pay for Services as stated in this Agreement togetherwith costs for Additional Services or costs otherwise agreed to in writingwithin thirty (30) days of the invoice date. Unless otherwise stated in this Agreement or agreed to in writing, Consultant's costs for all services performed will be based upon Consultant's then current rates, fees, and charges. No retainage shall be withheld by Client. All unpaid invoices wilt incur an interest charge of 1.5% per month or the maximum allowed by taw. 5.3 Other Payment Conditions. Consultant will require Client credit approval and Consultant may require payment of a retainer fee. Client agrees to pay all applicable taxes. Client's obligation to pay for Services under this Agreement is not contingent on Client's ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, Client's successful completion of any project, receipt of payment from a third party, or any other event. 5.4Third Party Payment. Provided Consultant has agreed in writing, Client may request Consultant to invoice and receive payment from a third party for Consultant's Services. Consultant, in its sole discretion, may also require the third party to provide written acceptance of all terms of this Agreement. Neither payment to Consultant by a third party nor a third party's written acceptance of all terms of this Agreement will alter Client's rights and responsibilities under this Agreement. Client expressly agrees that Rev. 2024-11-04 Pagel of 2 the Agreement contains sufficient consideration notwithstanding Consultant being paid by a third party. 5.5 Non -Payment. If Client does not pay for Services in full as agreed, Consultant may retain work not yet delivered to Client and Client agrees to return all Project Data (as defined in this Agreement) that may be in Client's possession or under Client's control. If Client fails to pay Consultant in accordance with this Agreement, such nonpayment shall be considered a default and breach of this Agreement for which Consultant may terminate for cause consistent with the terms of this Agreement and without liability to Client or to others. Client will compensate Consultant for fees earned and expenses incurred up to the time of termination. Client agrees to be liable to Consultant for all costs and expenses Consultant incurs in the collection of amounts invoiced but not paid, including but not limited to attorney fees and costs. SECTION 6: OWNERSHIP AND USE OF DATA 6.1 Ownership. All reports, notes, calculations, documents, and all other data prepared by Consultant in the performance of the Services ("Project Data") are instruments of Consultant's Services and are the property of Consultant. Consultant shall retain all common law, statutory and other reserved rights, including the copyright thereto, of Project Data. 6.2 Use of Project Data. The Project Data of this Agreement is for the exclusive purpose disclosed by Client and, unless agreed to in writing, for the exclusive use of Client. Client may not use Project Data for a purpose for which the Project Data was not prepared without the express written consent of Consultant. Consultant wilt not be responsible for any claims, damages, or costs arising from the unauthorized use of any Project Data provided by Consultant under this Agreement. Client agrees to hold harmless, defend and indemnify Consultant from any and all claims, damages, losses, and expenses, including attorney fees, arising out of such unauthorized use. 6.3 Samples, Field Data, and Contaminated Equipment. Samples and field data remaining after tests are conducted, as welt as field and laboratory equipment that cannot be adequately cleansed of contaminants, are and continue to be the property of Client. Samples may be discarded or returned to Client, at Consultant's discretion, unless within fifteen (15) days of the report date Client gives Consultant written direction to store or transfer the samples and materials. Samples and materials will be stored at Client's expense. 6.4 Data Provided by Client. Electronic data, reports, photographs, samples, and other materials provided by Client or others may be discarded or returned to Client, at Consultant's discretion, unless within 15 days of the report date Client gives Consultant written direction to store or transfer the materials at Client's expense. SECTION 7: INSURANCE 7.1 Insurance. Consultant shall keep and maintain the following insurance coverages: a. Workers' Compensation: Statutory b. Employer's Liability: $1,000,000 bodily injury, each accident 1 $1,000,000 bodily injury by disease, each employee 1 $1,000,000 bodily injury/disease, aggregate c. General Liability: $1,000,000 per occurrence ( $2,000,000 aggregate d. Automobile Liability: $1,000,000 combined single limit (bodily injury and property damage) e. Excess Umbrella Liability: $5,000,000 per occurrence 1 $5,000,000 aggregate f. Professional Liability: $2,000,000 per claim 1 $2,000,000 aggregate 7.2 Waiver of Subrogation. Client and Consultant waive all claims and rights of subrogation for losses arising out of causes of loss covered by the respective insurance policies. 7.3 Certificate of Insurance. Consultant shalt furnish Client with a certificate of insurance upon request. SECTION 8: INDEMNIFICATION, CONSEQUENTIAL DAMAGES, LIABILITY LIMITS 8.1 Indemnification. Consultant's only indemnification obligation shall be to indemnify and hold harmless the Client, its officers, directors, and employees from and against those damages and costs incurred by Client or that Client is legally obligated to pay as a result of third party tort claims, including for the death or bodily injury to any person or for the destruction or damage to any property, but onlyto the extent proven to be directly caused by the negligent act, error, or omission of the Consultant or anyone for whom the Consultant is legally responsible. This indemnification provision is subject to the Limitation of Liability set forth in this Section 8. 8.2 Inteltectual Property. Client agrees to indemnify Consultant against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by Client or others on behalf of Client. 8.3 Mutual Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREUNDER, NEITHER CONSULTANT NOR CLIENT SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF USE OR RENTAL, LOSS OF PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT OR REVENUE OR COST OF FINANCING, OR OTHER SUCH SIMILAR AND RELATED DAMAGE ASSERTED IN THIRD PARTY CLAIMS, OR CLAIMS BY EITHER PARTY AGAINSTTHE OTHER, 8.4 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY INTHEAGGREGATE OF CONSULTANT, CONSULTANT'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, TO CLIENT AND ANYONE CLAIMING BY, THROUGH OR UNDER CLIENT FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED CONSULTANT'S PERFORMANCE OF THE SERVICES OR THIS AGREEMENT, FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, INDEMNIFICATION OBLIGATIONS OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY CONSULTANT OR $50,000, WHICHEVER IS GREATER. SECTION 9: MISCELLANEOUS PROVISIONS 9.1 Services Prior to Agreement. Directing Consultant to commence Services prior to execution of this Agreement constitutes Client's acceptance of this unaltered Agreement in its entirety. 9.2 Confidentiality. To the extent Consultant receives Client information identified as confidential, Consultant will not disclose that information to third parties without Client consent. Additionally, any Project Data prepared in performance of the Services will remain confidential and Consultant wilt not release the reports to any third parties not involved in the Project. Neither of the aforesaid confidentiality obligations shalt applyto any information in the public domain, information lawfully acquired from others on a nonconfidential basis, or information that Consultant is required by taw to disclose. 9.3 Relationship of the Parties. Consuttantwi[l perform Services under this Agreement as an independent contractor, and its employees wit[ at all times be under its sole discretion and control. No provision in this Agreement shalt be deemed or construed to create a joint venture, partnership, agency or other such association between the Parties. 9.4 Resource Conservation and Recovery Act. To the extent applicable to the Services, neither this Agreement nor the providing of Services will operate to make Consultant an owner, operator, generator, transporter, treater, Storer, or a disposal facility within the meaning of the Resource Conservation and Recovery Act, as amended, or within the meaning of any other taw governing the handling, treatment, storage, or disposal of hazardous substances. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from any claims, damages, penalties or tosses resulting from the storage, removal, hauling or disposal of such substances. 9.5 Services in Connection with Legal Proceedings. Client agrees to compensate Consultant in accordance with its then current fees, rates, or charges if Consultant is asked or required to respond to legal process arising out of a proceeding related to the Project and as to which Consultant is not a party. 9.6 Assignment. This Agreement may not be assigned by Consultant or Client without the prior written consent of the other Party, which consent shalt not be unreasonably withheld. 9.7 Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended, or will be construed, to confer upon or give any person or entity other than Consultant and Client, and their respective permitted successors and assigns, any rights, remedies, or obligations under or by reason of this Agreement. 9.8 Termination. This Agreement may be terminated by either Party for cause upon seven (7) days written notice to the other Party. Should the other Party fail to cure and perform in accordance with the terms of this Agreement within such seven-day period, the Agreement mayterminate atthe sole discretion of the Partythat provided the written notice. The Client mayterminate this Agreementfor its convenience. If Client terminates for its convenience, then Consultant shalt be compensated in accordance with the terms hereof for Services performed, reimbursable costs and expenses incurred prior to the termination, and reasonable costs incurred as a result of the termination. 9.9 Force Majeure. Neither Party shalt be liable for damages or deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, including but not limited to acts of God, acts of civil or military authority, embargoes, pandemics, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, strikes or lock -outs, declared states of emergency, and changes in taws, statutes, regulations, or ordinances. 9.10 Disputes, Choice of Law, Venue. In the event of a dispute and prior to exercising rights at law or under this Agreement, Consultant and Client agree to negotiate all disputes in good faith for a period of 30 days from the date of notice of such dispute. This Agreement wilt be governed by the laws and regulations of the state in which the Project is located and all disputes and claims shalt be heard in the state or federal courts for that state. Client and Consultant each waive trial byjury. 9.11 Individual Liability. No officer or employee of Consultant, acting within the scope of employment, shall have individual liability for any acts or omissions, and Client agrees not to make a claim against any individual officers or employees of Consultant. 9.12 Severability. Should a court of law determine that any clause or section of this Agreement is invalid, all other clauses or sections shall remain in effect. 9.13 Waiver. The failure of either Party hereto to exercise or enforce any right under this Agreement shalt not constitute a release or waiver of the subsequent exercise or enforcement of such right. 9.14 Entire Agreement. The terms and conditions set forth herein constitute the entire understanding ofthe Parties relatingto the provision of Services by Consultant to Client. This Agreement may be amended only by a written instrument signed by both Parties. In the event Client issues a purchase order or other documentation to authorize Consultant's Services, any conflicting or additional terms of such documentation are expressly excluded from this Agreement. Rev. 2024-11-04 Braun Intertec General Conditions Page 2 of 2