HomeMy WebLinkAbout02-10-2020-RAPPROVAL OF AGENDA
PUBLIC INQUIRIES/INFORMATIONAL
This is an opportunity for citizens to bring to the Council ’s attention any items not
currently on the agenda which are relevant to the City. In addressing the Council, you
must first state your name and address for the record. To allow adequate time for each
person wishing to address the Council, speakers must limit their comments to three
(3) minutes. Written documents may be distributed to the Council prior to the meeting
to allow a more timely presentation. Speakers should not use obscene, profane, or
threatening language, or make personal attacks. Matters of litigation involving the City
shall not be discussed during Public Inquiry by citizens or Council. The Council may
not respond to speaker comments, engage in a debate, or take any action on the
issues raised by citizens, but may direct City staff to research or follow up on an
issue, if desired by Council. If Council directs further review by staff, the results of that
review will be presented at a following regular Council meeting.
RESPONSE TO PUBLIC INQUIRIES
Public Inquiry Response From January 27, 2020 City Council Meeting
MEMO.PDF
STAFF COMMENTS
Rice Creek Commons (TCAAP) And Joint Development Authority (JDA) Update
Dave Perrault, City Administrator
MEMO.PDF
APPROVAL OF MINUTES
CONSENT CALENDAR
Those items listed under the Consent Calendar are considered to be routine by the
City Council and will be enacted by one motion under a Consent Calendar format.
There will be no separate discussion of these items, unless a Councilmember so
requests, in which event, the item will be removed from the general order of business
and considered separately in its normal sequence on the agenda.
Motion To Approve Claims And Payroll
Gayle Bauman, Finance Director
Pang Silseth, Accounting Analyst
MEMO.PDF
Motion To Approve Resolution 2020 -008 Approving Off-Site Gambling For Merrick,
Inc. At Flaherty ’s
Julie Hanson, City Clerk
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
Motion To Approve Resolution 2020 -009 Approving Agreement For The State
Transportation Fund Local Bridge Replacement Program
Todd Blomstrom, Public Works Director/City Engineer
David Swearingen, Senior Engineering Technician
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
Motion To Approve Resolution 2020 -010 Establishing A School Zone Speed Limit
On Lake Valentine Rd
Todd Blomstrom, Public Works Director/City Engineer
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
PULLED CONSENT ITEMS
Those items that are pulled from the Consent Calendar will be removed from the
general order of business and considered separately in its normal sequence on the
agenda.
PUBLIC HEARINGS
Cancellation Of Summit Development Easement Vacation Public Hearing
Mike Mrosla, Community Development Manager/City Planner
MEMO.PDF
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL/STAFF COMMENTS
ADJOURN
Mayor:
David Grant
Councilmembers:
Brenda Holden
Fran Holmes
Dave McClung
Steve Scott
Regular City Council
Agenda
February 10, 2020
7:00 p.m.
City Hall
Address:
1245 W Highway 96
Arden Hills MN 55112
Phone:
651 -792 -7800
Website :
www.cityofardenhills.org
City Vision
Arden Hills is a strong community that values its unique environmental setting, strong residential
neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our
long -standing tradition as a desirable City in which to live, work, and play.
CALL TO ORDER
1.
2.
3.
3.A.
Documents:
4.
4.A.
Documents:
5.
6.
6.A.
Documents:
6.B.
Documents:
6.C.
Documents:
6.D.
Documents:
7.
8.
8.A.
Documents:
9.
10.
11.
APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From January 27, 2020 City Council MeetingMEMO.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) And Joint Development Authority (JDA) UpdateDave Perrault, City Administrator
MEMO.PDF
APPROVAL OF MINUTES
CONSENT CALENDAR
Those items listed under the Consent Calendar are considered to be routine by the
City Council and will be enacted by one motion under a Consent Calendar format.
There will be no separate discussion of these items, unless a Councilmember so
requests, in which event, the item will be removed from the general order of business
and considered separately in its normal sequence on the agenda.
Motion To Approve Claims And Payroll
Gayle Bauman, Finance Director
Pang Silseth, Accounting Analyst
MEMO.PDF
Motion To Approve Resolution 2020 -008 Approving Off-Site Gambling For Merrick,
Inc. At Flaherty ’s
Julie Hanson, City Clerk
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
Motion To Approve Resolution 2020 -009 Approving Agreement For The State
Transportation Fund Local Bridge Replacement Program
Todd Blomstrom, Public Works Director/City Engineer
David Swearingen, Senior Engineering Technician
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
Motion To Approve Resolution 2020 -010 Establishing A School Zone Speed Limit
On Lake Valentine Rd
Todd Blomstrom, Public Works Director/City Engineer
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
PULLED CONSENT ITEMS
Those items that are pulled from the Consent Calendar will be removed from the
general order of business and considered separately in its normal sequence on the
agenda.
PUBLIC HEARINGS
Cancellation Of Summit Development Easement Vacation Public Hearing
Mike Mrosla, Community Development Manager/City Planner
MEMO.PDF
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL/STAFF COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Regular City Council Agenda February 10, 2020 7:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:
5.
6.
6.A.
Documents:
6.B.
Documents:
6.C.
Documents:
6.D.
Documents:
7.
8.
8.A.
Documents:
9.
10.
11.
APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALThis is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting.RESPONSE TO PUBLIC INQUIRIESPublic Inquiry Response From January 27, 2020 City Council MeetingMEMO.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) And Joint Development Authority (JDA) UpdateDave Perrault, City Administrator MEMO.PDFAPPROVAL OF MINUTESCONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Motion To Approve Claims And PayrollGayle Bauman, Finance DirectorPang Silseth, Accounting Analyst MEMO.PDFMotion To Approve Resolution 2020 -008 Approving Off-Site Gambling For Merrick, Inc. At Flaherty ’sJulie Hanson, City Clerk MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Resolution 2020 -009 Approving Agreement For The State Transportation Fund Local Bridge Replacement ProgramTodd Blomstrom, Public Works Director/City EngineerDavid Swearingen, Senior Engineering Technician MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFMotion To Approve Resolution 2020 -010 Establishing A School Zone Speed Limit On Lake Valentine RdTodd Blomstrom, Public Works Director/City Engineer MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFPULLED CONSENT ITEMS
Those items that are pulled from the Consent Calendar will be removed from the
general order of business and considered separately in its normal sequence on the
agenda.
PUBLIC HEARINGS
Cancellation Of Summit Development Easement Vacation Public Hearing
Mike Mrosla, Community Development Manager/City Planner
MEMO.PDF
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL/STAFF COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott Regular City Council Agenda February 10, 2020 7:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:5.6.6.A.Documents:6.B.Documents:6.C.Documents:6.D.Documents:7.
8.
8.A.
Documents:
9.
10.
11.
Page 1 of 1
RESPONSE TO PUBLIC INQUIRIES – 3A
MEMORANDUM
DATE: February 10, 2020
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Todd Blomstrom, Public Works Director/City Engineer
SUBJECT: Public Inquiry Response from January 27, 2020 City Council meeting
Budgeted Amount: Actual Amount: Funding Source:
$ $ $
A verbal update will be provided at the City Council meeting.
Page 1 of 1
STAFF COMMENTS – 4A
MEMORANDUM
DATE:
TO:
FROM:
February 10, 2020
Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
SUBJECT: Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update
Budgeted Amount: Actual Amount: Funding Source:
$ $ $
A verbal update will be provided at the City Council meeting.
CONSENT ITEM 6A
MEMORANDUM
DATE:
February 10, 2020
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Gayle Bauman, Finance Director
Pang Silseth, Accounting Analyst
SUBJECT:
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
A. Approve Claims and Payroll
or
B. Reject Claims and Payroll
Background
Payroll is processed biweekly and accounts payable is processed weekly.
Budget Impact
NA
Attachments
2020 Payroll #3 ……………………………………………………………. $109,961.93
Total Payroll $109,961.93
Paid Claims---01/18/2020through 01/31/2020
(Check Nos. 49070-49092 and ACH Checks) ……………………………... $311,243.58
Total Accounts Payable $311,243.58
Total Claims $421,205.51
CITY OF ARDEN HILLS
PAYROLL # 3
CHECKS DATED: 02/07/20
Biweekly: 01/18/20 - 01/31/20
EMPLOYEE DEDUCTIONS AMT.Payment Method
FIT 7,320.59 EFT
SIT 3,192.76 EFT
FICA Oasdi 4,753.12 EFT
FICA Medicare 1,111.62 EFT
TOTAL TAXES 16,378.09
Health Premium 1,391.43 A/P Check*
Dental Premium 241.04 A/P Check*
FSA Health Care Reimb. 0.00 A/P Check*
FSA Dependent Care Reimb. 208.33 A/P Check*
TOTAL FLEXIBLE SPENDING 1,840.80
HSA Health Saving 428.33
Health Care Savings Plan-Retirement 0.00 EFT
Health Care Savings Plan-2% 456.30 EFT
Health Care Savings Plan-4% 423.27 EFT
TOTAL HEALTH SAVINGS 1,307.90
PERA 4,578.27 EFT
ICMA 2,593.85 EFT
Central Pension Fund-Union 537.60 A/P Check*
MN State Retirement System 750.00 EFT
TOTAL RETIREMENT 8,459.72
IUOE 49 Dues (Union) 122.50 A/P Check*
LTD/STD Insurance 1,212.37 A/P Check*
PERA Life Insurance 32.00 A/P Check*
Life/Addl/Dep Life 67.94 A/P Check*
Life/Addl non-tax 28.20 A/P Check*
UNUM 19.51 A/P Check*
AFLAC 22.76 EFT
TOTAL VOLUNTARY 1,505.28
Total Employee Deductions 29,491.79
Net Payroll 0.00
Direct Deposit 49,971.25 EFT
Gross Payroll Tie-Out 79,473.04
Plus City Paid Benefit 30,488.89
TOTAL PAYROLL COST 109,961.93
FICA TIE-OUT
Gross Payroll 79,473.04
Less Total FSA 1,840.80
Less Total H.SA 1,307.90
Less Voluntary Ins 50.96
Plus ICMA Employer 389.76
Net P/R Subject to FICA 76,663.14
FICA Oasdi @ 6.20% 4,753.12
FICA Medicare @ 1.45% 1,111.62
Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax
Deposit Service. Transfers are typically made up to two days after the payroll date.
* A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report.
Checks may be paid this week or the following week.
103.20
5,864.74
389.76
16,460.14
685.30
17,145.44
1,703.13
CITY BENEFIT
4,753.12
1,111.62
1,703.13
5,282.62
5,672.38
103.20
Accounts Payable
User:
Printed:
pang.silseth
2/5/2020 10:27 AM
Checks by Date - Detail by Check Date
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
0189 Gopher State One-Call, Inc.01/23/2020ACH
0000185 2020 Annual Facility Operator Fee 16.67
0000185 2020 Annual Facility Operator Fee 16.66
0000185 2020 Annual Facility Operator Fee 16.67
50.00Total for this ACH Check for Vendor 0189:
0192 Grainger, Inc 01/23/2020ACH
9408317759 Brushes 71.32
71.32Total for this ACH Check for Vendor 0192:
0243 Metropolitan Council-Waste Water 01/23/2020ACH
0001104868 Wastewater February 2020 67,355.40
67,355.40Total for this ACH Check for Vendor 0243:
0327 Staples, Inc.01/23/2020ACH
3435876924 Supplies 20.73
3435876924 Supplies 31.49
52.22Total for this ACH Check for Vendor 0327:
0382 ICMA Retirement Trust - 106944 01/23/2020ACH
PR 20-02 PR Batch 00200.01.2020 ICMA Employer Percent 401PR Batch 00200.01.2020 ICMA Employer Percent 401 389.76
PR 20-02 PR Batch 00200.01.2020 ICMA Employee Percent 401PR Batch 00200.01.2020 ICMA Employee Percent 401 337.79
727.55Total for this ACH Check for Vendor 0382:
0387 ICMA Retirement Trust- #302482 01/23/2020ACH
PR 20-02 PR Batch 00200.01.2020 ICMA Employee PercentPR Batch 00200.01.2020 ICMA Employee Deduction 236.66
PR 20-02 PR Batch 00200.01.2020 ICMA Employee DeductionPR Batch 00200.01.2020 ICMA Employee Deduction 2,003.54
2,240.20Total for this ACH Check for Vendor 0387:
0750 Verizon Wireless 01/23/2020ACH
9846058890 Service 1/11-2/10 1,179.84
1,179.84Total for this ACH Check for Vendor 0750:
10363 Minute Maker Secretarial 01/23/2020ACH
M1001 CC 1-13-2020 148.00
M1001 PC 1-8-2020 148.00
296.00Total for this ACH Check for Vendor 10363:
2851 MC Tool & Safety Sales Inc.01/23/2020ACH
006361A Jacket 95.65
95.65Total for this ACH Check for Vendor 2851:
5587 CES Imaging Inc.01/23/2020ACH
Page 1AP Checks by Date - Detail by Check Date (2/5/2020 10:27 AM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
INV109847 January Rental 60.00
60.00Total for this ACH Check for Vendor 5587:
6515 Ward, Rob 01/23/2020ACH
01222020 Mileage Reimbursement 31.05
31.05Total for this ACH Check for Vendor 6515:
ALPI Allegra Print & Imaging Inc.01/23/2020ACH
160137 Business Cards 127.66
127.66Total for this ACH Check for Vendor ALPI:
CANON Canon Financial Services Inc.01/23/2020ACH
20962997 February Copier 214.42
20962997 February Copier 1,215.08
1,429.50Total for this ACH Check for Vendor CANON:
JOHC Johnson Controls Inc.01/23/2020ACH
1-91818489507 2020 HVAC Service Agreement 5,010.00
1-91821078470 2020 Fire & ROC Service Agreement 1,934.00
6,944.00Total for this ACH Check for Vendor JOHC:
0131 Beisswenger's Do It Best 01/23/202049070
209274 Supplies 41.90
264740 supplies 32.99
74.89Total for Check Number 49070:
10367 Sherri Boyer 01/23/202049071
01082020 Refund 20WAHS00-History Seminar 25.00
25.00Total for Check Number 49071:
1033 Comcast 01/23/202049072
44271.0220 Services 1/21-2/20 6.30
6.30Total for Check Number 49072:
DMLP Dell Marketing, L.P.01/23/202049073
10367398445 Tablet - Bldg Inspections 1,296.42
10367398453 Tablet - Eng Tech 1,296.42
10367404929 Tablet - Bldg Inspections 1,296.42
3,889.26Total for Check Number 49073:
0841 Ehlers & Associates, Inc.01/23/202049074
82614 TCAAP 12/2019 1,365.00
1,365.00Total for Check Number 49074:
0495 Lake Johanna Fire Department Inc.01/23/202049075
735 Computer replacement 909.28
738 Tire replacement 2,887.60
3,796.88Total for Check Number 49075:
0454 League of MN Human Rights Comm.01/23/202049076
2023 2020 Member Dues 100.00
Page 2AP Checks by Date - Detail by Check Date (2/5/2020 10:27 AM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
100.00Total for Check Number 49076:
0257 Minnesota Dept. of Health 01/23/202049077
01232020 Water Supply System Operator Exam-T.Beebe 32.00
01232020 Water Supply System Operator Exam-M. Gebauer 32.00
64.00Total for Check Number 49077:
0600 NCPERS Group Life Ins 01/23/202049078
315800022020 February Insurance 64.00
64.00Total for Check Number 49078:
NSCC North Suburban Communications Commission Inc.01/23/202049079
2019-529 Q4 city contribution 6,149.51
6,149.51Total for Check Number 49079:
0155 Office of MN IT Services 01/23/202049080
W19120583 December Phones 736.14
736.14Total for Check Number 49080:
0811 Ramsey County 01/23/202049081
EMCOM-008166 Dec Fleet Support 24.96
EMCOM-008202 Dec Dispatch 3,552.56
EMCOM-008219 Dec CAD Services 728.15
FLEET-000535 Dec service & repairs 4,587.00
FLEET-000535 Dec service & repairs 3,933.57
12,826.24Total for Check Number 49081:
10341 SUSA 01/23/202049082
01232020 2020 Membership-J. Frid 62.50
01232020 2020 Membership-J. Frid 62.50
125.00Total for Check Number 49082:
109,882.61Total for 1/23/2020:
0320 Health Partners Inc.01/31/2020ACH
94718860 Insurance Nov/Dec 2019 281.86
281.86Total for this ACH Check for Vendor 0320:
1115 WSB & Associates, Inc.01/31/2020ACH
R-014908-000-3 Lake Valentine Rd Ped & Traffic-Dec 2019 7,458.50
R-015394-000-1 2020 GIS Service-Dec 2019 217.50
7,676.00Total for this ACH Check for Vendor 1115:
1125 Bolton & Menk, Inc.01/31/2020ACH
0244708 Planning Services 11/16-12/13 15.62
0244708 Planning Services 11/16-12/13 15.63
0244708 Planning Services 11/16-12/13 31.25
0244708 Planning Services 11/16-12/13 PC19-015 60.00
0244708 Planning Services 11/16-12/13 PC19-002 362.50
0244708 Planning Services 11/16-12/13 250.00
Page 3AP Checks by Date - Detail by Check Date (2/5/2020 10:27 AM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
735.00Total for this ACH Check for Vendor 1125:
2490 Core & Main, LP 01/31/2020ACH
L754446 Water Supplies 6,855.54
6,855.54Total for this ACH Check for Vendor 2490:
6060 Batteries Plus 01/31/2020ACH
P23086169 Street Sign Bulbs 91.95
91.95Total for this ACH Check for Vendor 6060:
6813 Britt Pease 01/31/2020ACH
01262020 Expense Reimbursement-Office Chair 179.53
179.53Total for this ACH Check for Vendor 6813:
7084 OmniSite 01/31/2020ACH
69360 2020 Monitoring Plan 7,221.00
7,221.00Total for this ACH Check for Vendor 7084:
7506 Presbyterian Homes of Arden Hills, LLC 01/31/2020ACH
2019-02 75% TIF 2nd Half 2019 106,279.02
106,279.02Total for this ACH Check for Vendor 7506:
1199 Anchor Scientific Inc.01/31/202049083
244418 Supplies-Roto Float 191.13
191.13Total for Check Number 49083:
10368 Zita Calderon 01/31/202049084
20WADT03 Refund: 20WADT03-Orchids & Ice 79.00
79.00Total for Check Number 49084:
CPF1 Central Pension Fund 01/31/202049085
184503.0120 January 2020 Pension 1,056.48
1,056.48Total for Check Number 49085:
0342 City of Shoreview 01/31/202049086
0000000411 Traffic Light 293.14
293.14Total for Check Number 49086:
0240 Metropolitan Area Mgmt. Assn.01/31/202049087
556 2020 Membership Dues 45.00
45.00Total for Check Number 49087:
0811 Ramsey County 01/31/202049088
PRRRV-001299 Q1 2020 Election 4,893.00
PUBW-018013 HWY 96 & I35W 1,679.99
PUBW-018375 CTY Rd H & I35W 13,100.77
PUBW-018377 CTY Rd H & I35W 16,482.51
PUBW-018377 CTY Rd H & I35W -32,959.98
PUBW-018377 CTY Rd H & I35W 56,236.98
59,433.27Total for Check Number 49088:
Page 4AP Checks by Date - Detail by Check Date (2/5/2020 10:27 AM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
AR-Rege2 Regency Homes, Inc.01/31/202049089
GE2018-00050 Escrow Refund: GE 2018-00050, 3140 Hamline Avenue 2,663.17
2,663.17Total for Check Number 49089:
5497 SCHWAAB, INC 01/31/202049090
4609358 Ink Stamp 38.64
C077154 Ink Stamp 146.24
184.88Total for Check Number 49090:
10366 Total Mechanical Services, Inc 01/31/202049091
19824 Booster Station Furnace 2,287.00
2,287.00Total for Check Number 49091:
1161 Valley-Rich Co., Inc.01/31/202049092
27927 Watermain Break 5,808.00
5,808.00Total for Check Number 49092:
201,360.97Total for 1/31/2020:
Report Total (45 checks): 311,243.58
Page 5AP Checks by Date - Detail by Check Date (2/5/2020 10:27 AM)
Page 1 of 1
CONSENT ITEM – 6B
MEMORANDUM
DATE: February 10, 2020
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Julie Hanson, City Clerk
SUBJECT: Resolution 2020-008 Approving LG230 Application to Conduct Off-Site
Gambling for Merrick, Inc. at Flaherty’s
Budgeted Amount: Actual Amount: Funding Source:
$ $ $
Council Should Consider
Approving Resolution 2020-008 Approving LG230 Application to Conduct Off-Site Gambling
for Merrick, Inc.
Background/Discussion
The City has received an application from Merrick, Inc. for an off-site gambling permit to
conduct gambling activity at Flaherty’s Arden Bowl. The event will take place on April 19,
2020. Per Minnesota’s Lawful Gambling regulations, Merrick, Inc. is required to obtain
acknowledgment and approval by resolution from the City to conduct off-site gambling.
This is Merrick, Inc.’s 18th year of the Annual Bowl-A-Thon and raffle! Proceeds from the event
go toward supporting adults with intellectual and developmental disabilities at Merrick, Inc.,
which is a private nonprofit 501(c)(3) corporation dedicated to empowering adults with
disabilities. Merrick, Inc. is one of the largest Day Training and Habilitation (DT&H) programs
in the state of Minnesota. The money raised at this event with help provide services to its clients
(self-advocacy; social/leisure activities; physical, occupational, speech, and sensory therapies;
and a retirement program).
Budget Impact
N/A
Attachments
Attachment A: LG230 Application
Attachment B: Resolution 2020-008
MINNESOTA I.AWFUL GAMBLING
LG23O Application to Conduct Off-Site Gambling
6/15 Page 1 of 2
No Fee
ORGANIZATION INFORMATION
Organizatio n Name: Merrick, Inc.License Number: 00264
Address 3210 Labore Road City Vadnais Heiqhts MN Zip 551 10
Chief Executive Officer (CEO) Name:lohn W. Barker Daytime Phone:651-789-6200
Gambling Manager Name Wendy L. Busch Daytime Phone 651-238-6871
GAMBLING ACTIVIW
Twelve off-site events are allowed each calendar year not to exceed a total of 36 days.
From 4 t t9 I 20 to __1J_19J_20_
Check the type of games that will be conducted:
Raffle Pull-Tabs Bingo pboards Paddlewheel{
GAMBLING PREMISES
Name of location where gambling activity will be conducted: Flahertys Arden Bowl
Street address and
City (or township):1273 West County Road E, Arden Hills Zip: 55tL2 County:r Do not use a post office box.
o If no street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42).
Does your organization own the gambling premises?
Yes If yes, a lease is not required.
No If no, the lease agreement below must be completed, and signed by the lessor{
LEASE AGREEMENT FOR OFF-SITE ACTMTY (a lease agreement is not required for raffles)
Rent to be paid for the leased area: $ 0 (if none, write "0")
All obligations and agreements between the organization and the lessor are listed below or attached.
o Any attachments must be dated and signed by both the lessor and lessee.
o This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful
gambling activities.
o Other terms, if any:
Lessor's Signature
Print Lessor's Name
CONTINUE TO PAGE 2
Dater
LG23O Application to Conduct Off-Site Gambling 6/15 Page2 of 2
Acknowledgment by Local Unit of Governmentl Approval by Resolution
CITY APPROVAL
for a gambling premises
located within city limits
COUNTY APPROVAL
for a gambling premises
located in a township
City Name L S
Date Approved by City Council
Resolution Number 2osb-O0
(If none, attach meeting minutes.)
Signature of City Personnel:
b D
Title Date Signed:
Loca! unit of government
must sign.
County Name:
Date Approved by County Board
Resolution Number:
(If none, attach meeting minutes.)
Signature of County Personnel:
Title Date Signed
TOWNSHIP NAME
Print Township Name
Signature of Township Officer
Title Date Signed
Complete below only if required by the county.
On behalf of the township, I acknowledge that the organization is
applying to conduct gambling activity within the township limits.
(A township has no statutory authority to approve or deny an
application, per Minnesota Statutes 349.213, Subd. 2.)
CHIEF EXECUTM OFFICER (CEO) ACKNOWLEDGMENT
The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board
If the CEO has changed and the current CEO has not filed a LG200B Organization Officers AFfidavit with the Gambling Control
Board, he or she must do so at this time.
I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as
stated in this appl
I
Signature of Datedesignee may not sign)
Mail or fax to:
Minnesota Gambling Control Board
Suite 300 South
1711 West County Road B
Roseville, MN 55113
Fax: 651-639-4032
\J
No attaehments required.
Questions? Contact a Licensing Specialist at 551-539-1900.
This publication will be made available in alternative format (i.e. large print, braille) upon request.
Data privacy notice: The information requested on this form (and any
attachments) will be used by the Gambling Control Board (Board) to
determine your organization's qualifications to be involved in lawful
gambling activities in Minnesota. Your organization has the right to refuse
to supply the information; however, if your organization refuses to supply
this information, the Board may not be able to determine your
organization's qualifications and, as a consequencer may refuse to issue a
permit. If your organization supplies the information requested, the Board
will be able to process your organization's application.
Your organization's name and address will be public information when
received by the Board. All other information provided will be private data
about your organization until the Board issues the permit. When the
Board issues the permit, all information provided will become public.
If the Board does not issue a permit, all information provided remains
private, with the exception of your organization's name and address which
will remain public.
Private data about your organization are available to: Board members,
Board staff whose work requires access to the information; Minnesota's
Department of Public Safety; Attorney General; commissioners of
Administration, Minnesota Management & Budget, and Revenue;
Legislative Auditor; national and international gambling regulatory
agencies; anyone pursuant to court order; other individuals and agencies
specifically authorized by state or federal law to have access to the
information; individuals and agencies for which law or legal order
authorizes a new use or sharing of information afterthis notice was given;
and anyone with your written consent.
An equal opportuity employer
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2020-008
RESOLUTION APPROVING LG230 APPLICATION TO
CONDUCT OFF-SITE GAMBLING FOR MERRICK, INC.
WHEREAS, Minnesota’s Lawful Gambling regulations requires LG230 applicants to
obtain acknowledgment and approval by resolution from the City in which gambling events are
being held; and
WHEREAS, Merrick, Inc. has applied for an LG230 Application to Conduct Off-Site
Gambling through the State of Minnesota to conduct gambling activity at Flaherty’s Arden Bowl
in the City of Arden Hills at its 18th Annual Bowl-A-Thon to be held on April 19, 2020.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN
HILLS, MINNESOTA: The City Council hereby acknowledges and approves Merrick, Inc.’s
LG230 Application to Conduct Off-Site Gambling.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS
10TH DAY OF FEBRUARY, 2020.
_________________________________________
David Grant, Mayor
ATTEST:
_______________________________________
Julie Hanson, City Clerk
Page 1 of 2
DATE: February 10, 2020
TO: Honorable Mayor and City Councilmembers
David Perrault, City Administrator
FROM: Todd Blomstrom, Public Works Director/City Engineer
David Swearingen, Sr. Engineering Technician
SUBJECT: Snelling Avenue Local Bridge Replacement Program Grant Agreement
Budgeted Amount: Actual Amount: Funding Source:
$149,480.53
$149,480.53 State LRBP Program, PIR Fund
Council Should Consider
The City C ouncil is requested to consider adoption of the attached Resolution approving an
agreement for the State Transportation Fund Local Bridge Replacement Program.
Background/Discussion
On July 31, 2018, the Minnesota Department of Transportation approved partial funding for
replacement of the bridge on Old Snelling Avenue over the Josephine Lake Discharge channel as
part of the Local Bridge Replacement Program (LBRP). This program provides local agencies
with transportation funding for the reconstruction or rehabilitation of bridges on their local road
system. The program was created in 1976 under Minnesota Statutes 174.50 and is financed by
the passage of specific legislation allocating general obligation state bond funds.
Construction of the Old Snelling Bridge project began in October 2018. The City Council
approved final payment for the bridge replacement contract in November 2019. City staff has
prepared the final documents to obtain payment from MnDOT for the Local Bridge Replacement
Program funding in the amount of $149,480.53.
Attachment A provides a City Council resolution approving the Local Bridge Replacement
Program grant agreement. A Council resolution is required by MnDOT to receive grant funding.
A copy of the grant agreement is provided in Attachment B.
CONSENT ITEM – 6C
MEMORANDUM
Page 2 of 2
Staff recommends approval of the resolution and corresponding grant agreement for the Local
Bridge Replacement Program.
Budget Impact
Local Bridge Replacement Program grant funds are awarded based on bridge improvement costs
as determined by the original awarded contract amount. The project included water main and
other improvements not eligible for bridge program funds. Below is a summary of funding
sources for the project based on the original contract award.
State Bridge Bond Funds $ 149,480.53
City PIR Fund $ 243,033.47
Total Contract Award $ 392,514.00
Two change orders were previously approved in the amount of $40,910.05 to address
contaminated soils and additional paving on the project, bringing the total contract amount at
final payment to $433,424.05. The change orders were not eligible for State Bridge Bond Funds
and were paid with City PIR funds.
Attachments
Attachment A: Resolution Approving Agreement for LBRP
Attachment B: LBRP Grant Agreement
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2020-009
Resolution for Agreement to State Transportation Fund Local Bridge Replacement Program
Grant Terms and Conditions
SAP 187-111-001
WHEREAS, the City of Arden Hills has applied to the Commissioner of Transportation for a
grant from the Minnesota State Transportation Fund for construction of Bridge No.62J17; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this bridge
is available; and
WHEREAS, the amount of the grant has been determined to be $149,480.53 by reason of the
lowest responsible bid.
THEREFORE, BE IT RESOLVED, that the City of Arden Hills does hereby agree to the
terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay
any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State
Transportation Fund any amount appropriated for the bridge but not required. The proper city
officers are authorized to execute a grant agreement and any amendments thereto with the
Commissioner of Transportation concerning the above-referenced grant.
.
Adopted this 10th day of February 2020.
____________________________________
David Grant, Mayor
ATTEST:
______________________________________
Julie Hanson, City Clerk
MnDOT Agreement No. 1031751
LOCAL BRIDGE REPLACEMENT PROGRAM (LBRP)
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the
Grantee named below is made pursuant to Minnesota Statutes Section 174.50 and pursuant to
Minn. Laws 2017, 1st Special Session, Chapter 8- H.F. 5. The provisions in that section and the
Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons
signing below agree to fully comply with all of the requirements of this Agreement. This
Agreement will be effective on the date State obtains all required signatures under Minnesota
Statutes §16C.05, subdivision 2.
1. Public Entity (Grantee) name, address and contact person:
City of Arden Hills
1245 West Highway 96_
Arden Hills, MN 55112-5743
Contact: Todd Blomstrom, City Engineer/Public Works Director
2. Project(s):
Name of Project &
Project Number
(See Exhibit C for
location)
Amount of
LBRP Funds
Amount of Required
Matching Funds
Completion Date
SAP 187-111-001 $149,480.53 $243,033.47 7/1/2020
3. Total Amount of LBRP Grant for all projects under this Agreement: $149,480.53
4. The following Exhibits for each project are attached and incorporated by reference as part of
this Agreement:
Exhibit A Completed Sources and Uses of Funds Schedule
Exhibit B Project Completion Schedule
Exhibit C Bond Financed Property Certification
Exhibit D Grant Application
Exhibit E Grantee Resolution Approving Grant Agreement
Exhibit F General Terms and Conditions
MnDOT Agreement No. 1031751
5. Additional requirements, if any:
6. Any modification of this Agreement must be in writing and signed by both parties.
(The remaining portion of this page was intentionally left blank.)
MnDOT Agreement No. 1031751
CITY OF ARDEN HILLS (GRANTEE)
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
Approval and Certifying Encumbrance
By:
Title: State Aid Programs Engineer
Date:
Office of Financial Management, Grant Unit
By:_
Agency Grant Supervisor Date:
OFFICE OF CONTRACT MANAGEMENT
By: _
Contract Administrator Date:
MnDOT Agreement No. 1031751
EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS USES OF FUNDS
=
Entity Supplying Funds Amount
State Funds:
LBRP Grant $149,480.53
Other:
$
$
Subtotal $149,480.53
Public Entity Funds:
Matching Funds $149,480.53
Other:
PIR Fund $93,552.94
$
$
Subtotal $243,033.47
TOTAL FUNDS $392,514.00
Expenses Amount
Items Paid for with
LBRP
Grant Funds:
Mobilization $6,015.69
10X4 Precast Conc Box
Culvert
$76,883.40
10X4 Precast Conc Box
Culvert End Section
$34,034.14
Granular Backfill $20,300.00
Granular Bedding $5,292.00
Structure Excavation CI E $2,362.50
Random Riprap Class III $1,932.00
Geotextile Filter Type IV $488.00
Traffic Control $2,172.80
Subtotal $149,480.53
Items paid for with Non-
LBRP Grant Funds:
Bridge Construction $243,033.47
$
$
$
Subtotal $243,033.47
TOTAL PROJECT
COSTS
$392,514.00
MnDOT Agreement No. 1031751
Revised 5/14/19
EXHIBIT B
PROJECT COMPLETION SCHEDULE
(Provide for enough time to final the project through the MnDOT state aid pay request process.)
Contract awarded: 9/10/2018
Construction Start: 10/11/2018
Substantial Completion: 1/28/2019
Project Closeout: 7/1/2020
MnDOT Agreement No. 1031751
Revised 5/14/19
EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION
State of Minnesota
General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the
real property located in the County of Ramsey, State of Minnesota that is generally described or
illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the
“Restricted Property”) and acknowledges that the Restricted Property is or may become State
bond-financed property. To the extent that the Restricted Property is or becomes State bond-
financed property, the undersigned acknowledges that:
A.The Restricted Property is State bond-financed property under Minn. Stat. Sec.
16A.695, is subject to the requirements imposed by that statute, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of
the Commissioner of Minnesota Management and Budget; and
B.The Restricted Property is subject to the provisions of the Local Bridge
Replacement Program Grant Agreement between the Minnesota Department
of Transportation and the undersigned dated February 10, 2020 ; and
C.The Restricted Property shall continue to be deemed State bond-financed
property for 37.5 years or until the Restricted Property is sold with the written
approval of the Commissioner of Minnesota Management and Budget.
Date: February 10, 2020
The City of Arden Hills, a municipal corporation
of the State of Minnesota
By:
Name:
Title:
By:
Name:
Title:
MnDOT Agreement No. 1031751
Revised 5/14/19
Attachment 1 to Exhibit C
GENERAL DESCRIPTION OF RESTRICTED PROPERTY
(Insert a narrative or graphic description of the Restricted Property for the project. It need not be
a legal description if a legal description is unavailable.)
Bridge No. 62J17 Old Snelling Ave
MnDOT Agreement No. 1031751
Revised 5/14/19
EXHIBIT D
GRANT APPLICATION
Attach the grant application for the project
MnDOT 30809(10/13)
APPLICATION FOR BRIDGE FUNDS
State Transportation Fund Grants & Town Bridge Funds
State of Minnesota O Department of Transportation
State Aid for Local Transportation
Project Number SAP 187-111-001 Old Bridge Number -62-J1-7 -------------------------------- Over -Ra-m-sey ------------------------------ Road or Street No.-- -------- -Ar-den-H-ills -------------------------- Road or Street Name
Township of Proposed Const Year
4627
Josephine Lake Discharge
MSAS 111
Old Snelling Avenue
2014
Bridge Sufficiency Rating 38.1 Is this bridge hydraulically deficient? □ Yes Iii No
Adequacy Status from Structure Inventory ll!J Structurally Deficient □ Functionally Obsolete □ Adequate
Date of Council/Board action prioritizingthis brldge_J-'-a'-n""u'""a'""r'-y'--"2'-"7",2 0_1_4_ _ _ _ _ _ _ _
Is this a road-in-lieu of bridge project? □ Yes IXI No
Hpw many people are affected by this deficiency? >_2_',-5_00__ _ _ _ What is the ADT on this bridge? 1,651
0 Describethe economic Importance of replacing this bridge,
·This bridge provides transportation access to residents, businesses, and schools.
Is the road designated or planned to be designated as a Minimum Maintenance road?
(Attach pdditlonal sheets for explanation If necessary) .,.
Is the township net tax capacity less than $300,000?
□Yes ll1l No
□Yes □ No
Is the bridge listed on the National Register of Historic P-laces or been determined to be eligible? □ Yes
N1;1!ionel Register of Historic Places link here: http;/ /www.nps.gov/hjslorv/nr(research/
!xi No
Ell Ible Amount Inell ible Amount
Structure Costs $225,000 $0
Approach Costs $0 $50,000
Engineering Costs $0 $70,000
Total Costs $230,000 $120,000
Total Project Cost $350,000
/ Date'
DISTRICT STATE AID ENGINEER RECOMMENDATION
Defer _
STATE AID USE ONLY Federal-Aid
State-Aid
Local/Other
Town Bridge
Unallocated Town Bridge
State Bridge Funds
Total
$
Date
$
$
$
$
$
$
MnDOT Agreement No. 1031751
Revised 5/14/19
EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2020-____
Resolution for Agreement to State Transportation Fund
Local Bridge Replacement Program
Grant Terms and Conditions
SAP 187-111-001
WHEREAS, the City of Arden Hills has applied to the Commissioner of Transportation for a
grant from the Minnesota State Transportation Fund for construction of Bridge No.62J17; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this bridge
is available; and
WHEREAS, the amount of the grant has been determined to be $149,480.53 by reason of the
lowest responsible bid.
THEREFORE, BE IT RESOLVED, that the City of Arden Hills does hereby agree to the
terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will
pay any additional amount by which the cost exceeds the estimate, and will return to the
Minnesota State Transportation Fund any amount appropriated for the bridge but not required.
The proper city officers are authorized to execute a grant agreement and any amendments
thereto with the Commissioner of Transportation concerning the above-referenced grant.
Adopted this 10th day of February 2020.
____________________________________
David Grant, Mayor
ATTEST:
______________________________________
Julie Hanson, City Clerk
MnDOT Agreement No. 1031751
Revised 5/14/19
EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR
LOCAL BRIDGE REPLACEMENT PROGRAM (LBRP) GRANTS
Article I
DEFINITIONS
Section 1.01 Defined Terms. 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:
“Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed
in accordance with the provisions contained in Article VI hereof.
“Agreement” - means the Local Bridge Replacement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
“Certification” - means the certification, in the form attached as Exhibit C, in which the Public Entity
acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn.
Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby.
“Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue
procedures and revenue rulings issued pursuant thereto.
“Commissioner” - means the Commissioner of Minnesota Management & Budget.
“Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of
Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July
30, 2012, as it may be amended or supplemented.
“Completion Date” - means the projected date for completion of the Project as indicated in the
Agreement.
“Construction Contract Documents” - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any
exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively
form the contract between the Public Entity and the Contractor(s) for the completion of the Construction
Items on or before the Completion Date for either a fixed price or a guaranteed maximum price.
“Construction Items” - means the work to be performed under the Construction Contract Documents.
“Contractor” - means any person engaged to work on or to furnish materials and supplies for the
Construction Items including, if applicable, a general contractor.
“Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to
MnDOT when an Advance is requested, as referred to in Section 4.02.
MnDOT Agreement No. 1031751
Revised 5/14/19
“G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article
XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LBRP Grant, and
any bonds issued to refund or replace such bonds.
“Grant Application” - means the grant application that the Public Entity submitted to MnDOT which
is attached as Exhibit D.
“LBRP Grant” - means a grant from MnDOT to the Public Entity under the LBRP in the amount
specified in the Agreement, as such amount may be modified under the provisions hereof.
“LBRP” - means the Local Bridge Replacement Program pursuant to Minn. Stat. Sec. 174.50 and
rules relating thereto.
“MnDOT” - means the Minnesota Department of Transportation.
“Outstanding Balance of the LBRP Grant” - means the portion of the LBRP Grant that has been
disbursed to the Public Entity minus any amounts returned to the Commissioner.
“Project” - means the Project identified in the Agreement to be totally or partially funded with a
LBRP grant.
“Public Entity” - means the grantee of the LBRP Grant and identified as the Public Entity in the
Agreement.
“Real Property” - means the real property identified in the Agreement on which the Project is located.
Article II
GRANT
Section 2.01 Grant of Monies. MnDOT shall make the LBRP Grant to the Public Entity, and
disburse the proceeds in accordance with the terms and conditions herein.
Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LBRP Grant is
being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by
one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more
of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is
for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter
term as authorized by statute, and which cannot be modified or terminated early without the prior written
consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends
beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LBRP Grant solely to reimburse
itself for expenditures it has already made, or will make, to pay the costs of one or more of the following
activities: (i) constructing or reconstructing a bridge, (ii) preliminary engineering and environmental studies
authorized under Minn. Stat. Sec. 174.50, subdiv. 6a, (iii) abandoning an existing bridge that is deficient
and in need of replacement, but where no replacement will be made, or (iv) constructing a road to facilitate
the abandonment or removal of an existing bridge determined to be deficient. The Public Entity shall not
use the LBRP Grant for any other purpose, including but not limited to, any work to be done on a state
trunk highway or within a trunk highway easement. .
MnDOT Agreement No. 1031751
Revised 5/14/19
Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity
in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city
street and for other uses customarily associated therewith, such as trails and utility corridors, and for no
other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to
use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually
determine that the Real Property is being used for the purposes specified in this Section and, upon written
request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect.
Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part
of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow
another entity to use or operate the Real Property without the written consent of both MnDOT and the
Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real
Property, or any lease or contract that would allow another entity to use or operate the Real Property, must
comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order
regarding such sale or lease.
Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and
warrants to MnDOT that:
A. It has legal authority to execute, deliver and perform the Agreement and all documents referred
to therein, and it has taken all actions necessary to its execution and delivery of such documents.
B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified
in Section 2.04, and will include in its annual budget all funds necessary for the operation of
the Real Property for such purposes.
C. The Agreement and all other documents referred to therein are the legal, valid and binding
obligations of the Public Entity enforceable against the Public Entity in accordance with their
respective terms.
D. It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order
and the LBRP. It has legal authority to use the G.O. Grant for the purpose or purposes described
in this Agreement.
E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating
to the LBRP Grant or the disbursement of the LBRP Grant is and will be true and correct.
F. 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 or proceedings pending, or to its knowledge threatened, before any
judicial body or governmental authority against or affecting it relating to the Real Property, 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 the Agreement or any document referred to herein, or to perform any of the acts
required of it in such documents.
G. Neither the execution and delivery of the Agreement or any document referred to herein nor
compliance with any of the provisions or requirements of any of such documents is prevented
by, is a breach of, or will result in a breach of, any provision of any agreement or document to
which it is now a party or by which it is bound.
MnDOT Agreement No. 1031751
Revised 5/14/19
H. The contemplated use of the Real Property will not violate any applicable zoning or use statute,
ordinance, building code, rule or regulation, or any covenant or agreement of record relating
thereto.
I. The Project will be completed and the Real Property will be operated in full compliance with
all applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property.
J. All applicable licenses, permits and bonds required for the performance and completion of the
Project and for the operation of the Real Property as specified in Section 2.04 have been, or
will be, obtained.
K. It reasonably expects to possess its ownership interest in the Real Property described in Section
2.02 for at least 37.5 years, and it does not expect to sell such ownership interest.
L. It does not expect to lease out or enter into any contract that would allow another entity to use
or operate the Real Property.
M. It will supply whatever funds are needed in addition to the LBRP Grant to complete and fully
pay for the Project.
N. The Construction Items will be completed substantially in accordance with the Construction
Contract Documents by the Completion Date and all such items will be situated entirely on the
Real Property.
O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances,
and laws bearing on its performance under the Construction Contract Documents.
P. It shall furnish such satisfactory evidence regarding the representations and warranties
described herein as may be required and requested by either MnDOT or the Commissioner.
Q. It has made no material false statement or misstatement of fact in connection with its receipt of
the G.O. Grant, and all the information it has submitted or will submit to the State Entity or
Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant
is and will be true and correct.
Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT
and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the
Commissioner 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 six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner.
A. If any representation, covenant, or warranty made by the Public Entity herein or in any other
document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LBRP
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.
MnDOT Agreement No. 1031751
Revised 5/14/19
B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained
herein.
C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained
in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all
rules related thereto.
D. If the Public Entity fails to use the proceeds of the LBRP Grant for the purposes set forth in
Section 2.03, the Grant Application, and in accordance with the LBRP.
E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04.
F. If the Public Entity fails to complete the Project by the Completion Date.
G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property
without first obtaining the written consent of both MnDOT and the Commissioner.
H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project.
I. If the Public Entity fails to supply the funds needed to operate the Real Property in the manner
specified in Section 2.04.
Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing
by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon
either MnDOT or the Commissioner 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 MnDOT, MnDOT or the Commissioner may enforce
any or all of the following remedies.
A. MnDOT may refrain from disbursing the LBRP Grant; provided, however, MnDOT may make
such disbursements after the occurrence of an Event of Default without waiving its rights and
remedies hereunder.
B. If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in
violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a
third party beneficiary of the Agreement, may require that the Public Entity pay the amounts
that would have been paid if there had been compliance with such provisions. For other Events
of Default, the Commissioner may require that the Outstanding Balance of the LBRP Grant be
returned to it.
C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may
enforce any additional remedies it may have in law or equity.
The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that
MnDOT or the Commissioner 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 herein within 30 days of demand by the Commissioner, or any amount ordered by a
court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor
MnDOT Agreement No. 1031751
Revised 5/14/19
of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset 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 MnDOT and the
Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge
of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and
the action which the Public Entity proposes to take with respect thereto.
Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain
in full force and effect, even upon full disbursement of the LBRP Grant, and shall only be terminated under
the circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of LBRP Grant.
A. If the Project is not started within five (5) years after the effective date of the Agreement or the
LBRP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s
obligation to fund the LBRP Grant shall terminate. In such event, (i) if none of the LBRP Grant has been
disbursed by such date, MnDOT shall have no obligation to fund the LBRP Grant and the Agreement will
terminate, and (ii) if some but not all of the LBRP Grant has been disbursed by such date, MnDOT shall
have no further obligation to provide any additional funding for the LBRP Grant and the Agreement shall
remain in force but shall be modified to reflect the amount of the LBRP Grant that was actually disbursed
and the Public Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property
and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with
Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s
ownership interest in the Real Property if such ownership interest is an easement.
Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to
in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding
Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed.
Article III
COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695
AND THE COMMISSIONER’S ORDER
Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in
the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in
Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such
statute and order apply, or will apply, to its interest in the Real Property, even if the LBRP Grant will only
pay for a portion of the Project.
Section 3.02 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 use or invest the LBRP 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 Code Section 148.
MnDOT Agreement No. 1031751
Revised 5/14/19
B. It will deposit and hold the LBRP Grant in a segregated non-interest-bearing account until such
funds are used for payments for the Project.
C. It will, upon written request, provide the Commissioner all information required to satisfy the
informational requirements set forth in the Code, including Sections 103 and 148, with respect
to the G.O. Bonds.
D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the
interest on the G.O. Bonds to no longer be tax exempt and upon direction from the
Commissioner, take such actions and furnish such documents as the Commissioner 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: (i) compliance with proceedings intended to classify
the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii)
changing the nature of the use of the Real Property so that none of the net proceeds of the G.O.
Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or
for any “private business use” within the meaning of Code Sections 141(b) and 145(a).
E. It will not otherwise use any of the LBRP Grant or take, permit or cause to be taken, or omit to
take, any action that would adversely affect the exemption from federal income taxation of the
interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take,
as appropriate, any such action, it shall take all lawful actions necessary to correct such actions
or omissions promptly upon obtaining knowledge thereof.
Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn.
Stat. Sec. 16A.695 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 interest in the Real Property becomes exempted
from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public
Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt
the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s
Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth
herein, to make Advances of the LBRP Grant to the Public Entity from time to time in an aggregate total
amount not to exceed the amount of the LBRP Grant. If the amount of LBRP Grant that MnDOT
cumulatively disburses hereunder to the Public Entity is less than the amount of the LBRP Grant delineated
in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents
MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LBRP Grant
to the amount actually disbursed. Provided, however, in accordance with the provisions contained in
Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section
2.11 even if the entire LBRP Grant has not been disbursed by such dates.
Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source
and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the
legislation that appropriated the funds that are used to fund the LBRP Grant, or (iii) have otherwise been
consented to, in writing, by the Commissioner.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate
of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section
MnDOT Agreement No. 1031751
Revised 5/14/19
5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time
shall not exceed the portion of the Project that has been completed and the percentage of the matching funds
required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is
expressed by way of the following two formulas:
Formula #1:
Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under
Section 5.13 that have been disbursed)
Formula #2:
Cumulative Advances < (Program Grant) × (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion
of the LBRP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf
of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be
limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as
approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated
in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to
MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances.
Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real
Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention
to so store materials prior to their delivery and MnDOT has not objected thereto.
At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public
Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate
all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments
then made with respect to the Project.
The final Draw Requisition shall not be submitted before completion of the Project, including any
correction of material defects in workmanship or materials (other than the completion of punch list items).
At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such
supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made
out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and
(ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities
having jurisdiction has been duly inspected and approved by such authorities and that all requisite
certificates and other approvals have been issued.
If on the date an Advance is desired the Public Entity has complied with all requirements of this
Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount
of the requested Advance to the Public Entity.
Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum
of the undisbursed amount of the LBRP Grant plus the amount of all other funds committed to the Project
is less than the amount required to pay all costs and expenses of any kind which reasonably may be
anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public
Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the
Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply
or have some other entity supply the amount of funds specified in MnDOT's notice.
MnDOT Agreement No. 1031751
Revised 5/14/19
Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any
Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent:
A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of
funds being requested, which such amount when added to all prior requests for an Advance
shall not exceed the amount of the LBRP Grant set forth in Section 1.01.
B. 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.
C. No determination shall have been made by MnDOT that the amount of funds committed to the
Project is less than the amount required to pay all costs and expenses of any kind that may
reasonably be anticipated in connection with the Project, or if such a determination has been
made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has
supplied, or has caused some other entity to supply, the necessary funds in accordance with
such section or has provided evidence acceptable to MnDOT that sufficient funds are available.
D. The State Entity shall have received evidence, in form and substance acceptable to the State
Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project
and all other expenses that may occur in conjunction therewith.
E. The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require
Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and
agrees as follows:
A. Advances are not made prior to completion of work performed on the Project.
B. All Advances are processed on a reimbursement basis.
C. The Public Entity must first document expenditures to obtain an Advance.
D. Reimbursement requests are made on a partial payment basis or when the Project is completed.
E. All payments are made following the “Delegated Contract Process or State Aid Payment Request”
as requested and approved by the appropriate district state aid engineer.
Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own
inspections and observations regarding the completion of the Project, and shall determine to its own
satisfaction that all work done or materials supplied have been properly done or supplied in accordance
with all contracts that the Public Entity has entered into regarding the completion of the Project.
Article V
MISCELLANEOUS
Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability
insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional
named insured therein.
MnDOT Agreement No. 1031751
Revised 5/14/19
Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth
in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can
no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the
condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to
continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such
purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion
of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest
in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public
Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such
sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative
sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner’s Order.
If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the
Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements
of this Section.
Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the
written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property
for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real
Property except such alterations as may be required by laws, ordinances or regulations, or such other
alterations as may improve the Real Property by increasing its value or which improve its ability to be used
for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the
value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in
or on the Real Property in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may
perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the
Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may
be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be
at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any
expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such
acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT
pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the
date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or
18% per year based upon a 365-day year.
Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn.
Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto,
and upon request shall allow MnDOT, its auditors, 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 generally accepted accounting principles in the maintenance of such items, and shall retain
all of such books and records for a period of six years after the date that the Project is fully completed and
placed into operation.
Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real
Property upon reasonable request by MnDOT and without interfering with the normal use of the Real
Property.
MnDOT Agreement No. 1031751
Revised 5/14/19
Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own
acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of
the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the
provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn.
Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. 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 exclusion from coverage in any insurance policy.
Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as
establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the
Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project.
No employee of the Public Entity or other person engaging in the performance of the Agreement or the
Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of
Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on
behalf of said employees or other persons out of employment or alleged employment, including claims
under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public
Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT,
the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be
entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner,
or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave,
disability benefits, severance pay and retirement benefits.
Section 5.08 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 personally served or sent by prepaid,
registered, or certified mail (return receipt requested), to the address of the party specified below or to such
different address as may in the future be specified by a party by written notice to the others:
To the Public Entity: At the address indicated on the first page of the Agreement.
To MnDOT at: Minnesota Department of Transportation
Office of State Aid
395 John Ireland Blvd., MS 500
Saint Paul, MN 55155
Attention: Patti Loken, State Aid Programs Engineer
To the Commissioner at: Minnesota Management & Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul, MN 55155
Attention: Commissioner
Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any
of its rights or obligations under the Agreement without the prior written consent of the other party.
Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a
third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance
or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner
to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any
breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by
MnDOT Agreement No. 1031751
Revised 5/14/19
any of the Public Entity, MnDOT, or the Commissioner 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 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State
of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued
in the State of Minnesota District Court located in St. Paul, Minnesota.
Section 5.12 Severability. If any provision of the 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 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement
that are required to be obtained and supplied by the Public Entity 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 Entity shall supply to MnDOT
whatever documentation MnDOT may request to substantiate the availability and source of any matching
funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the
Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the
total cost of the Project and all of the funds that are available for the completion of the Project. The Public
Entity will supply any other information and documentation that MnDOT or the Commissioner may request
to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any
of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of
such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what
is being done to satisfy such conditions.
Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the
Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets
forth the projected schedule for the completion of the Project.
Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity
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 5.17 Public Entity Tasks. Any tasks that the 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 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses
regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in
the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may
subsequently be amended or replaced from time to time.
Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory
employment practices regarding the Project and it shall fully comply with all of the provisions contained in
Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time
to time.
MnDOT Agreement No. 1031751
Revised 5/14/19
Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions
relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may
be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner
of MMB all claims it may have for over charges as to goods or services provided with respect to the Project
that arise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable
provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in
Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect
to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the
cited provisions apply to the Project.
Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the
entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or
written, between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 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 order.
Page 1 of 2
DATE: February 10, 2020
TO: Honorable Mayor and City Councilmembers
David Perrault, City Administrator
FROM: Todd Blomstrom, Public Works Director/City Engineer
SUBJECT: School Zone Speed Limit on Lake Valentine Road
Budgeted Amount: Actual Amount: Funding Source:
$TBD
$TBD Mounds View School District
Council Should Consider
The City C ouncil is requested to consider adoption of the attached Resolution Establishing a
School Zone Speed Limit on Lake Valentine Road.
Background/Discussion
On September, 2019, the City Council approved a professional services agreement with WSB to
complete a traffic study for Mounds View High School. The City and Mounds View School
District are conducting this traffic study to address pedestrian safety and traffic concerns along
Lake Valentine Road adjacent to the school. The traffic study is anticipated to be completed by
March 1, 2020 and presented to the City Council at a future work session. City and school
district staff are working with the engineering consultant to expedite completion of the study.
A primary recommendation from the traffic study involves the establishment of a school zone
speed limit along Lake Valentine Road due to the current posted speed limit of 35 miles per hour
and peak hour pedestrian crossing counts exceeding 250 pedestrians. The consultant
recommends implementation of the school zone speed limit at this time as an initial safety
measure while additional safety improvements are evaluated and constructed during the 2020
construction season.
Local authorities may establish a school speed limit within a school zone of a public or
nonpublic school upon the basis of an engineering and traffic investigation. This investigation
was included within the scope of work for the traffic study awarded to WSB in September 2019.
A memo summarizing the findings of the school zone speed limit investigation is provided in
CONSENT ITEM – 6D
MEMORANDUM
Page 2 of 2
Attachment B. A diagram illustrating the layout of the school zone speed limit is provided in
Attachment C.
Attachment A provides a City Council resolution to establish a school zone speed limit of 25
mile per hour on Lake Valentine Road adjacent to the school property during a one hour period
spanning the school start time and a one hour period spanning the school release time for
Mounds View High School.
The proposed school zone speed limit, the effective hours, and the extent of the school zone are
recommended by City staff and Mounds View School District staff.
Budget Impact
Under the conditions of approval for Planning Case 18-014, the Mounds View School District is
responsible for the costs of completing the traffic study and the cost of installing appropriate
signage to establish the proposed school zone speed limit along Lake Valentine Road. The
estimated cost of implementation for the school zone signage is between $15,000 and $25,000,
including two speed display signs illustrated on Attachment C. The School District will prepare
a signage layout plan by a professional engineer and submit the plan to City engineering staff for
review and approval prior to signage installation.
Attachments
Attachment A: Resolution Establishing a School Zone Speed Limit
Attachment B: School Zone Speed Limit Investigation Memo
Attachment C: School Zone Speed Limit Layout
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2020-0010
Resolution Establishing a School Zone Speed Limit on Lake Valentine Road
WHEREAS, the City of Arden Hills and Mounds View School District 621 conducted an
engineering investigation and hazard evaluation for Lake Valentine Road pursuant to Minnesota
Statutes 169.14 Subdivision 5a; and
WHEREAS, the engineering investigation identifies approximately 310 pedestrians in the
morning peak hour and approximately 270 pedestrians in the afternoon peak hour crossing Lake
Valentine Road within the school site; and
WHEREAS, the engineering investigation recommends that the posted speed limit be
reduced from 35 miles per hour to 25 miles per hour during school peak hours when children are
present at Mounds View High School; and
WHEREAS, the Mounds View School District staff has reviewed the engineering
investigation and supports the recommended school zone speed limit.
THEREFORE, BE IT RESOLVED, The Arden Hills City Council authorizes the City
Engineer to establish and place signage creating a school zone speed limit of 25 miles per hour on
Lake Valentine Road from 110 feet west of Janet Court to 230 feet west of the west entrance to the
school site in accordance with the Minnesota Manual on Uniform Traffic Control Devices effective
during a one hour period spanning the school start time and a one hour period spanning the school
release time for Mounds View High School.
Adopted this 10th day of February 2020.
____________________________________
David Grant, Mayor
ATTEST:
______________________________________
Julie Hanson, City Clerk
K:\014908-000\Traffic\Traffic Study\School Speed Zone Memo.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum
To: Todd Blomstrom, City Engineer, City of Arden Hills
Mike Mrosla, Community Development Manager, City of Arden Hills
From: Sean Delmore, PE, PTOE
Erik Seiberlich, Senior Project Manager
Date: January 8, 2020
Re: School Zone Speed Limit on Lake Valentine Road for Mounds View High School
WSB Project No. 014908-000
PURPOSE AND BACKGROUND
The Minnesota Department of Transportation (MnDOT) provides School Zone Speed Limit
guidance to determine the need for a modified speed limit based on hazards near a school site in
accordance with Minnesota Statute 169.14 Subdivision 5a. A Hazard Identification evaluation was
completed for the Mounds View High School site. This memo is part of an overall traffic and
pedestrian study for the school and Lake Valentine Road in the City of Arden Hills.
MOUNDS VIEW HIGH SCHOOL HAZARD IDENTIFICATION
The nine items within the MnDOT School Zone Speed Limit guidance are as follows:
1. Roadway Information – Lake Valentine Road is approximately 44 feet wide with one
lane in each direction, a two-way left-turn lane, and no shoulders within the study area.
Two crosswalk locations exist, one at each intersection of Lake Valentine Road and the
parking lot north of Lake Valentine Road.
2. Traffic Volumes – Based on data collection from September 2019, there were 288
eastbound and 500 westbound vehicles entering the school site on Lake Valentine Road
during the AM peak hour (7:40-8:40 AM). During the PM peak hour (3:00-4:00 PM) there
were 197 westbound and 348 eastbound vehicles departing the school site on Lake
Valentine Road.
3. Pedestrian Volumes – Based on data collection from September 2019, there were 312
pedestrians in the AM peak hour and 269 pedestrians in the PM peak hour crossing Lake
Valentine Road within the school site.
4. Parking and Loading Zone – The two main vehicle parking lots for Mounds View High
School include the lot north of Lake Valentine Road, and the furthest lot to the east. The
other lot east of the high school is mainly used for bus parking. The drop-off/pick up zone
is a two-lane loop with one-way traffic in front of the main entrance to the high school.
Parking is currently not allowed along Lake Valentine Road within the school study area,
as No Parking signs are consistently posted along the road.
5. Traffic Control Devices – Existing signage (as well as proposed signage) and striping
are shown in Figure 1; existing crosswalk locations are described under Roadway
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Information. School patrols/police officers currently patrol the west crossing location
during both peak hours, and the bus access during the PM peak hour.
6. Sidewalk Information – A sidewalk on the south side of Lake Valentine Road exists
from west of the site to the end of the parking lot furthest east. The width of the sidewalk
varies between 5 and 10 feet. No sidewalk currently exists on the north side of Lake
Valentine Road.
7. Fencing Information – Fencing currently existing on the north and south side of the
roadway between the two crossing locations.
8. Crash History Information – Using the Minnesota Crash Mapping Analysis Tool
(MnCMAT) from MnDOT, only two crashes were found to be reported between January
1, 2006 and December 31, 2015. Neither crash involved a pedestrian but did involve a
teenage driver of high school age (17 and 18 years old) during school peak hours.
9. Speed Zones Information – Existing posted 35 mph speed limit signs are shown in
Figure 1.
RECOMMENDATIONS
Based on the existing hazards and proposed improvements as described in the traffic study, it is
recommended that the posted speed be reduced from 35 mph to 25 mph during school peak
hours when children are present. The proposed school speed zone signage is shown in Figure 1.
All new signing and pavement markings shall be in accordance with the Minnesota Manual on
Uniform Traffic Control Devices (MnMUTCD).
AHEADSCHOOLSPEEDLIMIT25FLASHINGWHENYOURSPEED SCHOOLSPEEDLIMIT25FLASHINGWHENYOURSPEED ENDSCHOOLZONEN
0
SCALE IN FEET
75 150
Janet CtFairview AveENDSCHOOLZONEAHEADCity of Arden Hills
Figure 1
School Speed Zone Signing Exhibit
Proposed Sign STOPALL WAYSTOPALL WAYSTO
PA
LL
W
A
Y
2
3
1 2312211111CENTERLANEONLY22STO
P22SPEEDLIMIT352SPEEDLIMIT35STOP
2STOP2CENTERLANEONLY33CENTERLANEONLY23STOP2STOP
2STOP2STOP
2STATELAWFORSTOPCROSSWALKWITHIN3STATELAWFORSTOPCROSSWALKWITHIN333STATELAWFORSTOPCROSSWALKWITHIN3STATELAWFORSTOPCROSSWALKWITHINSTOP2STOP22STOP
2CENTERLANEONLY2 AHEADAHEADAHEADAHEAD12SPEEDLIMIT35Legend
City of Arden Hills
City Council Meeting for February 10, 2020
Page 1 of 1
PUBLIC HEARINGS – 8A
MEMORANDUM
DATE:
TO:
FROM:
February 10, 2020
Honorable Mayor and City Council
Dave Perrault, City Administrator
Mike Mrosla, Community Development Manager/City Planner
SUBJECT: Cancellation of Summit Development Easement Vacation Public Hearing
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Staff and Summit Development have determined that all required easements have been vacated
and that the previously scheduled public hearing is no longer necessary. No further action is
required at this time.