The URL can be used to link to this page

2022-04-18 City Council Agenda Packet A,lbertville City of Albertville Council Agenda Small Wing.Big City We. Monday, April 18, 2022 City Council Chambers 7pm 6:15 pm—Local Board of Appeal and Equalization PUBLIC COMMENTS-The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest.Citizens wishing to address the Council regarding specific agenda items,other than public hearings,are invited to do so under Public Forum and are asked to fill out a"Request to Speak Card". Presentations are limited to five(5)minutes. 1. Call to Order 2. Pledge of Allegiance—Roll Call Pages 3. Recognitions—Presentations -Introductions 1. Audit Presentation—ABDO,Andy Berg 4. Public Forum—(time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the April 4, 2022, regular City Council Meeting minutes as presented. 3-7 B. Authorize the Monday, April 18, 2022,payment of claims as presented, except bills 8 specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. C. Adopt Resolution No. 2022-14 authorizing and documenting Inter-Fund Loans to Fund 9-10 Negative Fund balances. D. Adopt Resolution No. 2022-15 authorizing the Transfer of Funds. 11-12 E. Accounts Receivable Report 13-14 F. lst Quarter Budget to Actual 15-17 G. Approve 2022 Tennis Court and Basketball Court Projects with C&H Sport Surfaces. 18-21 7. Public Hearing 8. Wright County Sheriff's Office—Updates,reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) B. Building—None City of Albertville City Council Agenda Monday, April 18, 2022 Page 2 of 2 C. City Clerk—None D. Finance—None E. Fire—None F. Planning and Zoning 1. Urban Chickens Discussion 22-53 G. Public Works/Engineering 1. Barthel Industrial Drive Improvements 54-82 (Motion to adopt Resolution No. 2022-16 Accepting Low Bid for Barthel Industrial Drive Improvements.) (Motion to adopt Resolution No. 2022-17 Resolution-Exhibit E for Grant Agreement to State Transportation Fund Local Road Improvement Program Grant Terms and Conditions Sap 242-113-001, Tied to Sap 242-115-001.) (Motion to approve MnDOT Grant Agreement No. 1049730 for Local Road Improvement Program Funding.) H. Legal 1. Update on Maeyaert Property L Administration 1. City Administrator's Update 83-84 10. Announcements and/or Upcoming Meetings April 25 Joint Powers Water Board, 6 pm Parks Committee, 7 pm May 2 City Council, 7 pm May 9 STMA Arena Board, 6 pm May 10 Planning Commission, 7 pm May 16 City Council, 7 pm 11. Adjournment Alb�rtvi�� Smolt T—.1M.9.Big CRY Ufs. ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES April 4, 2022-7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance—Roll Call Present: Mayor Hendrickson, Councilmembers Hudson, Olson and Zagorski Absent: Councilmember Cocking Staff Present: City Administrator Nafstad, City Attorney Couri, City Planner Brixius and City Clerk Luedke 3. Recognitions —Presentations—Introductions A. City Employee Years of Service Recognitions Mayor Hendrickson recognized three employees for their outstanding service: Gerald Gerads for 15 years and Adam Nafstad and Jacob Kreutner both for 10 years of service. Council thanked the employees for their service and attending the Council meeting. 4. Public Forum There was no one present for the public fonlm. 5. Amendments to the Agenda City Administrator Nafstad added an item under the Public Works section entitled G2. Linfield Park Playground Equipment. MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to approve the April 4, 2022, agenda as amended. Ayes: Hendrickson,Hudson, Olson and Zagorski.Nays: None. Absent: Cocking. The motion carried. 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the March 21, 2022,regular City Council Meeting minutes as presented. B. Authorize the Monday, April 4, 2022, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of April 4,2022 6. Consent Agenda -continued C. Approve the Knights of Columbus 94174 Lawful Gambling Exempt Permit Application for lawful gambling at an event to be held on June 10, 2022, at the St. Albert Parish Center located at 11458 57th Street NE,Albertville. D. Approve an On-Sale Temporary Liquor License for the Albertville Lions Club for a benefit to be held at St. Alberts Parish Center located at 11458 57th Street NE for April 30, 2022. E. Approve an On-Sale Temporary Liquor License for the Church of St. Albert's Casino Night fundraiser to be located at St. Albert Parish Center, 11458 57th Street NE for June 10, 2022, contingent upon receipt of liquor liability insurance certificate and appropriate license fee. F. Approve an On-Sale Temporary Liquor License for St. Michael Lions Club for a fundraiser event to be located at St. Albert Parish Center, 11458 57th Street NE on April 23, 2022. G. Approve a Special Event Permit for the Family Youth Community Connections to hold their Dueling Pianos event on June 17, 2022, from 6 pm to 10 pm in Central Park. MOTION made by Councilmember Hudson, seconded by Councilmember Olson to approve the April 4, 2022, Consent Agenda as submitted. Ayes: Hendrickson, Hudson, Olson and Zagorski. Nays: None. Absent: Cocking. The motion carried. 7. Public Hearing—None 8. Wright County Sheriff's Office—Updates,reports, etc. Wright County Deputy Kroll provided an update on the service calls received in April and general details of the incidents. He answered questions from Council. 9. Department Business A. City Council 1. Committee Updates (VTMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCQ There were no Council updates. B. Building—None C. City Clerk—None D. Finance—None E. Fire—None F. Planning and Zoning 1. Konz Crossing Conditional Use Permit for a Full-Service Drive Through Service Lane City Planner Brixius provided an overview of the request from Konz Crossing for a full-service drive through service lane with on-site menu board. He stated the Planning Commission reviewed the request and recommended approval of the conditional use permit. Planner Brixius answered questions from Council. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of April 4,2022 1. Konz Crossing Conditional Use Permit- continued MOTION made by Councilmember Olson, seconded by Councilmember Hudson to adopt Resolution No. 2022-10 approving the Konz Crossing request for a Conditional Use Permit for a full-service drive through service lane for property located at 5703 Lachman Avenue NE in Albertville. Ayes: Hendrickson, Hudson, Olson and Zagorski. Nays: None. Absent: Cocking. The motion carried. 2. Pro Concrete Counter Tops Conditional Use Permit City Planner Brixius said today City staff received a request from the property owner to remove the PS Dec item from the agenda. He reported the request came from the property owner not the applicant and added that PS Dec was not on tonight's agenda. He asked City Attorney Couri to provide an opinion on the request and noted the request did not come from the applicant. City Attorney Couri said the City should move forward with the Pro Concrete agenda item and answered questions from Council. Planner Brixius provided the property history and said the new business moved into the building without first notifying the City. He said the new business was discovered through the City's building department. He provided details on the conditions the Planning Commission recommended for approval of the conditional use permit and answered questions from Council. City Administrator Nafstad provided information on the zoning and building code violations that PS Dec, the other business located in the building, currently has and said City staff would follow up with the property owner to resolve the issues. He answered questions from Council. There was Council discussion regarding the conditional use permit for Pro Concrete Counter and it was discussed that per the building official temporary occupancy could not be approved until all building code related work was complete. The consensus was to approve it but to add a completion deadline to the conditions since the business was already operating in the building. City Planner Brixius recommended the applicant adhere to the conditions by June 19, 2022, or vacate the building. He said this was the date originally proposed for a temporary occupancy to expire. He said if additional time was needed the applicant could request an extension from the Council. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to adopt amended Resolution No. 2022-11 approving the request from Pro Concrete Countertops for a Conditional Use Permit for light manufacturing and assembly within the Planned Unit Development B-2A Zoning District at 6737 Labeaux Avenue North in Albertville as amended. Ayes: Hendrickson, Hudson, Olson and Zagorski.Nays: None. Absent: Cocking. The motion carried. 3. Albertville Marketplace Planned Unit Development Agreement Discussion City Planner Brixius provided background information on the agreement the City has with Albertville Marketplace for the subdivision assessment for the construction of a signalized intersection when it is built. He said City staff was requesting direction as to whether Council would like to relieve the subdivision of the obligation to aid in the development of the open lots. He answered questions from Council. City Attorney Couri answered questions from Council regarding the current agreement and the process if the City decided to amend it. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of April 4,2022 3. Albertville Marketplace Planned Unit Development- continued City Administrator Nafstad explained at the time of the agreement the developer agreed to pay for the signal construction. He reported the timing of the intersection construction has yet to be set. He said since the initial agreement, the County has amended their cost participation policy and may be responsible for part of the signal construction. He said the intersection construction was currently not scheduled and the cost appears as a future assessment to interested parties that are inquiring into purchasing the open lots. Mr. Charlie Pfeffer, 7200 Hemlock Lane, Maple Grove, said there has been interest in purchasing the lots but due to the open-end agreement without a specific dollar amount possible buyers run into issues when obtaining financing. There was Council discussion regarding the Marketplace PUD agreement and possible future development. Council directed City staff to contract the County regarding their cost participation policy change and bring the information back to a future meeting for Council review. G. Public Works/Engineering 1. 2022 Street Improvements City Administrator Nafstad said the bids received for the 2022 street improvement project came in below the engineer's estimate. He reported the low bidder was Omann Contracting and provided detail on the timing and streets involved in the improvement project. MOTION made by Councilmember Zagorski, seconded by Councilmember Olson to adopt Resolution No. 2022-12 Accepting Low Bid for the 2022 Street Improvements. Ayes: Hendrickson, Hudson, Olson and Zagorski. Nays: None. Absent: Cocking. The motion carried. 2. Linfield Park Playground Equipment City Administrator Nafstad said the Parks Commission identified play structures which needed replacement. He stated the Commission reviewed different playground equipment options and recommend the one from St. Croix Recreations Fun Playground. Public Works Supervisor Guimont provided information on the new play structure and said the distributor extended the sale price until April 7, 2022. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to accept quote from St. Croix Recreations Fun Playgrounds Inc. in the amount of$46,626.71 to purchase and install new play structures at Linfield Park. Ayes: Hendrickson, Hudson, Olson and Zagorski.Nays: None. Absent: Cocking. The motion carried. H. Legal 1. Albertville Tax Increment Finance District No. 20 Scherer Limited Partnership TIF Development Agreement and Business Subsidy City Attorney Couri provided an overview of the Scherer Bros TIF process and details of the proposed development agreement. He stated the City would recover the entire value of the property within the next 5 to 6 years. He said the TIF would end in 9 years and reported the property closing was set for April 6, 2022. He answered questions from Council. City Administrator Nafstad answered questions from Council regarding the cost associated with the development of the property. Agenda Page 6 City Council Meeting Draft Minutes Page 5 Regular Meeting of April 4,2022 1. Albertville Tax Increment Finance District No. 20 - continued MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to adopt Resolution No. 2022-13 authorizing Execution of a Development Agreement and approving a Business Subsidy related to TIF No. 20 and the Scherer Limited Partnership Development. Ayes: Hendrickson, Hudson, Olson and Zagorski. Nays: None. Absent: Cocking. The motion carried. L Administration 1. City Administrator's Update City Administrator Nafstad provided information on the vacant properties that the City currently owns in the Industrial part of the City. Administrator Nafstad said the Local Board of Appeals and Equalization is scheduled for April 18 at 6:15 pm. There was Council discussion regarding the upcoming Local Board meeting. Administrator Nafstad reported the Parks Committee has scheduled the annual Parks Night Out event on May 20, 2022, in Central Park. Councilmember Olson provided additional information on the upcoming event. Administrator Nafstad said Wright County has discussed changing the County Commission district boundary lines. He reported this was the first census in a long time that the County was not required to changed the boundaries because of the growth percentages. The was Council discussion regarding the district boundary changes,where the current boundaries line lay and the upcoming public hearing. Announcements and/or Upcoming Meetings April 11 STMA Arena Board, 6 pm April 12 Planning Commission, 7 pm April 18 Local Board of Appeals and Equalization, 6:15 pm April 18 City Council, 7 pm April 25 Joint Powers Water Board, 6 pm Parks Committee, 7 pm May 2 City Council, 7 pm 10. Adjournment MOTION made by Councilmember Zagorski, second by Councilmember Olson to adjourn the meeting at 8:44 pm. Ayes: Hendrickson, Hudson, Olson and Zagorski. Nays: None. Absent: Cocking. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 7 �lbcrtviljc Mayor and Council Request for Action I f April 18, 2022 SUBJECT: CONSENT—FINANCE—PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, April 18, 2022,payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena ExpensesNendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • List of Claims (under separate cover) Agenda Page 8 1bcrtVl11£ Mayor and Council Request for Action SmoH T...living.fg caw life. Y April 18, 2022 SUBJECT: CONSENT—FINANCE—RESOLUTION AUTHORIZING AND DOCUMENTING INTER- FUND LOANS/ADVANCES FROM THE INDUSTRIAL PARK DEBT SERVICE FUND RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2022-14 authorizing and documenting Inter-Fund Loans to Fund Negative Fund balances. • Inter-Fund Loan from Industrial Park Debt Service Fund (362)to TIF# 17 Old Castle 2015 Fund (417) in the amount of$352,909 to fund the negative balance in the TIF fund. • Inter-Fund Loan from Industrial Park Debt Service Fund (362)to TIF # 16 Mold Tech 2015 Fund (416) in the amount of$5,821. to fund the negative balance in the TIF fund. BACKGROUND: Inter-fund loans provide interim financing until the other financing is completed. In some cases, inter-fund loans are the primary source to finance projects that have a very short financing term. An example of this would be carrying assessments for a project for a few years where it is not cost effective to issue new debt. At least annually, City staff and auditors review and recommend inter-fund loans/advances to fund running negative balances so as to remain in compliance with Generally Accepted Accounting Principles (GAAP). POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all inter-fund loans/advances. FINANCIAL CONSIDERATIONS: At least annually, the City must fund all negative running balances for Capital Projects, Debt Service or other miscellaneous funds in accordance with GAAP. The inter-fund loan or advance is a loan from a specific fund to the respective negative balance funds at an interest rate equal to the rate of investment earned by the City's investments. Included in the loan is a financial commitment detailing the source of funds to repay the loan. These inter-fund loans are an inexpensive way to fund some City activities instead of issuing bonds. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to act regarding all financial matters. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administ ator—PWD Attachments: • Resolution No. 2022-14 Agenda Page 9 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF NHNNESOTA RESOLUTION NO. 2022-14 A RESOLUTION AUTHORIZING AND DOCUMENTING INTER-FUND LOAN TO FUND NEGATIVE FUND BALANCES WHEREAS, an interfund loan is hereby established in the amount of$358,730 with funds to be allocated into the following: Fund 417 TIF#17 Old Castle $ 352,909 Fund 416 TIF#16 Mold Tech $ 5,821 NOW,THEREFORE,BE IT RESOLVED by the Albertville City Council to approve an inter-fund loan from Fund 362 of$393,594.84 effective December 31, 2021, at an interest rate of 4%. Adopted by the City Council of the City of Albertville on this 18" day of April 2022. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 10 1b£rfwlll£ Mayor and Council Request for Action SmoH T...living.gag aw Uh. Y April 18, 2022 SUBJECT: CONSENT—FINANCE—RESOLUTION AUTHORIZING TRANSFER OF FUNDS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following resolution: MOTION TO: Adopt Resolution No. 2022-15 authorizing the Transfer of Funds. • Transfer$21,937 from TIF 9414 Fraser Steel Fund No. 414 to Fund 101 General Fund to close out the TIF; and • Transfer$1,631,756 from General Fund No. 101 to Fund 102 Capital Outlay to reduce the general fund balance to 60% of 2022 budgeted expenses; and • Transfer$150,000 from Capital Outlay Fund 102 to Fund 103 Driveway Fund to establish the driveway program as approved in 2019; and • Transfer$438,056 from Sewer Access Fund No. 204 to Fund 601 Sewer Fund for annual bond payments; and • Transfer$15,609 from Water Access Fund No. 206 to Fund 602 Water Fund for annual bond payments. BACKGROUND: City staff and auditors annually review and recommend transfer of funds for designated purposes, bond payments, to close funds, or to fund a negative balance. POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all fund transfers. FINANCIAL CONSIDERATIONS: Plan funding options on continuing and new projects. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2022-15 Agenda Page 11 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF NHNNESOTA RESOLUTION NO. 2022-15 A RESOLUTION TO TRANSFER FUNDS WHEREAS,the Albertville City Council has reviewed its annual audit. NOW, THEREFORE,BE IT RESOLVED by the Albertville City Council that the following actions are implemented: Transfer$21,937 from TIF 9414 Fraser Steel Fund No. 414 to Fund 101 General Fund to close out the TIF; and Transfer$1,631,756 from General Fund No. 101 to Fund 102 Capital Outlay to reduce the general fund balance to 60% of 2022 budgeted expenses; and Transfer$150,000 from Capital Outlay Fund 102 to Fund 103 Driveway Fund to establish the driveway program as approved in 2019; and Transfer$438,056 from Sewer Access Fund No. 204 to Fund 601 Sewer Fund for annual bond payments; and Transfer$15,609 from Water Access Fund No. 206 to Fund 602 Water Fund for annual bond payments. Adopted by the City Council of the City of Albertville on this 18th day of April 2022. Jillian Hendrickson,Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 12 1b£rfVlll£ Mayor and Council Communication S mo H T...Lm.g.ft Q ky ills. April 18, 2022 SUBJECT: CONSENT—FINANCE—ACCOUNTS RECEIVABLE REPORT ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through April 12, 2022, is $126,261.16. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $115,060.81 91.13% 30-60 days outstanding $ 2,892.57 2.29% 60-90 days outstanding $ 1,329.77 1.05% Over 90 days outstanding $ 6,978.01 5.53% PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review quarterly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Accounts Receivable Report Agenda Page 13 Mayor and Council Communication -April 18, 2022 Finance-Accounts Receivable Report Page 2 of 2 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days&Over Capital Land Investments LLC $311.33 $2.54 $2.54 $1.25 $305.00 CBS Outdoor $75.00 $75.00 Focus Design Build $160.68 $160.68 Franklin Outdoor Advertising $1,650.00 $1,650.00 Greig, Mitchell $762.62 $158.83 $297.54 $1.25 $305.00 Hamilton, Luke $451.29 $156.29 $295.00 Heffelfinger, Rachel $1,162.53 $7.10 $403.76 $301.67 $450.00 Hockey Finder $1,460.30 $1,460.30 Houck, Thomas $75.00 $75.00 HSB Ventures $1,000.00 $1,000.00 Huber, Becky $451.29 $156.29 $295.00 Insurance Producers Network $510.45 $4.09 $4.09 $4.09 $498.18 JZK Holding, LLC $541.95 $541.95 KMC Dance $366.00 $3.00 $3.00 $360.00 KuepersInc $1,725.00 $13.81 $13.81 $13.81 $1,683.57 Lakes Area Training $6,200.91 $6,200.91 Lamar Companies $150.00 $150.00 Midwest Hockey Program $3,189.04 $3,189.04 MN Hockey Tier 1 $4,455.00 $4,455.00 MN Selects Hockey $1,440.00 $1,440.00 MN Warriors $810.00 $810.00 Moorman, Kimberly $498.18 $4.09 $4.09 $490.00 ProConcrete $381.90 $381.90 Progressive Insurance $2,445.88 $1,021.51 $11.51 $11.51 $1,401.35 State Farm-Mark Olson $498.18 $4.09 $4.09 $490.00 State Farm-Nathan Dao $981.68 $7.92 $7.92 $7.92 $957.92 State Farm-Rebecca Fisher $1,010.00 $1,010.00 State of MN-Tax Forfeit $531.35 $4.18 $4.18 $4.18 $518.81 STMA United Soccer $3,261.84 $3,261.84 STMAY HA $89,118.31 $89,118.31 Supreme Outdoor Advertising $75.00 $75.00 Willis Towers Watson Midwest $510.45 $4.09 $4.09 $4.09 $498.18 Total $126,261.16 $115,060.81 $2,892.57 $1,329.77 $6,978.01 Current 0-30 days $115,060.81 91.13% 30-60 days 1 $2,892.57 1 2.29% 60-90 days 1 $1,329.77 1 1.05% over 90 day 1 $6,978.01 1 5.53% Agenda Page 14 �lbcrtvillc Mayor and Council Communication April 18, 2022 SUBJECT: CONSENT—FINANCE—1ST QUARTER BUDGET TO ACTUAL REPORT—UN-AUDITED I` QUARTER BUDGET TO ACTUAL: Attached are the I`Quarter 2022 un-audited General Fund summaries of revenues and expenditures. Revenues are expected be at 8% (due to the first tax settlement not distributed until July). Expenses are expected to be at 25%. This summary shows operating revenues are at 10.18% and operating expenses are at 22.58%. VARIANCES: Revenue: • Property taxes and LGA—Not received until July and December • Building permits—The Preserve has had 19 single family house permits in first quarter • Police aid—Not received until October • Fire aid—Not received until October • Interest earnings—Interest on Investments are not allocated until December • Engineering as built fee—The Preserve has had 19 single family house permits in first quarter • Plan check fee—The Preserve has had 19 single family house permits in first quarter Expenses: • City Engineer— Scherer Brothers and Barthel Industrial Drive Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • 2022 Budget to Actual Agenda Page 15 Mayor and Council Communication—April 18, 2022 Finance—1st Quarter Budget to Actual Report Page 2 of 3 2022 Council Update General Fund Operations 2022 Actual Ytd % General Fund Revenue: 2022 Budget 04/12/22 Budget 31010 Current Ad Valorem Taxes 2,326,925 $18,348 0.79% 32100 Licenses&Permits 30,000 $2,440 8.13% 32110 Liquor Licenses 30,000 $30,380 101.27% 32150 Sign Permits 500 $150 30.00% 32210 Building Permits 150,000 $79,771 53.18% 33401 LGA Revenue expected 115,251 $0 0.00% 33405 Police Aid 45,000 $0 0.00% 33406 Fire Aid 64,000 $0 0.00% 33422 Other State Aid Grants 700 $0 0.00% 33423 Municipal Maint Aid 11,000 $0 0.00% 34000 Charges for Services 20,000 $7,268 36.34% 34005 Engineering As Built Fee 3,000 $2,850 9.5.00% 34101 Leases-City Property 31,000 $9,781 31.55% 34103 Zoning&Subdivision Fees 2,500 $600 0.00% 34104 Plan Check Fee 65,000 $35,943 55.30% 34107 Title Searches 2,500 $900 36.00% 34113 Franchise Fee-Cable 70,000 $16,078 22.97% 34202 Fire Protection Contract Charges 468,761 $117,190 25.00% 34780 Rental Fees 15,000 $8,409 56.06% 34950 Other Revenues 15,000 $6,093 40.62% 34110 Arena 14,227 $1,186 8.34% 34112 Electric Franchise Fee 125,000 $31,978 25.58% 36210 Interest Earnings 25,000 $192 0.77% Total Revenues 3,630,364 369,557 10.18% Agenda Page 16 Mayor and Council Communication-April 18, 2022 Finance-1st Quarter Budget to Actual Report Page 3 of 3 2022 Actual Ytd % General Fund Department Expenditures: 2022 Budget 04/12/22 Budget 41000 General Government 60,000 10,691 17 82% 41100 Council 54,028 10,375 19.20% 41300 Combined Administrator/Engineer 172,756 46,419 26.87% 41400 City Clerk 141,622 32,761 23.13% 41410 Elections 27,000 0 0.00% 41500 Finance 120,903 33,360 27.59% 41550 City Assessor 44,000 0 0.00% 41600 City Attorne 40,000 5,418 13.55% 41700 City Engineer 25,000 8,008 32.03% 41800 Economic Development 45,000 0 0.00% 41910 Planning&Zoning 56,507 14,007 24.79% 41940 City Hall 145,520 20,472 14.07% 42000 Fire Department 601,917 132,619 22.03% 42110 Police 860,524 215,131 25.00% 42400 Building Inspection 271,243 73,167 26.97% 42700 Animal Control 9,000 2,690 29 89% 43100 Public Works-Streets 379,269 86,073 22 69% 45000 Culture&Recreation 85,311 29,006 34.00% 45100 Parks&Recreation 399,598 84,138 21.06% 43160 Electric street lights 91,166 15,574 17.08% Total Expenditures 3,630,364 819,909 22.58% 2022 Council Update Capital Fund 2022 Actual Capital Reserve Fund Revenues 2022 Budget 04/12/22 Ytd % Budget 31010 1 Current Ad Valorem Taxes 1 1,455,887 $19,706 2022 Council Update Capital Fund Capital Reserve Fund 2022 Actual Ytd % Expenditures 2022 Budget 04/12/22 Budget 300 1 Professional Services 1,455,887 $68,934 4.73% Agenda Page 17 �lbcrtvillc Mayor and Council Request for Action I f April 18, 2022 SUBJECT: CONSENT—PUBLIC WORKS—2022 TENNIS COURT AND BASKETBALL COURT PROJECT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the following 2022 tennis court and basketball court projects with C&H Sport Surfaces: • Four Season Park—repair and resurface two tennis courts and a basketball court for $17,445; and • Oakside Park—crack repair for two tennis courts for$3,345; and • 58th and Lander(next to skateboard park)—acrylic color surfacing of the new basketball court for$4,200. BACKGROUND: The proposed resurfacing, crack repair and painting is routine maintenance that is generally needed every 5 to 10 years. KEY ISSUES: • The tennis courts are overdue for crack repair and resurfacing. • The tennis courts and basketball courts are highly used asset to the Albertville Parks and need to be maintained. • The City has used C&H Sport Surfaces in the past and they have done a good job. • C&H Sport Surfaces gave the best price for the amount of work. • The Parks Committee discussed and recommends the Park improvements. FINANCIAL ISSUES: The 2022 Budget includes funds for park improvements, which will be used to finance these projects. Responsible Person: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Project Quotes Agenda Page 18 C & H Sport Surfaces, Inc. Since 1970 TIM CARLSON 2312 SEURER ST. NEW MARKET,MN 55054 PHONE: 952-461-5678 FAX: 952-461-5679 Quality and Dependability April 1,2022 Tim Gulmont City of Albertville P.O.Box 9 Albertville,MN 55301 Email:tquimont@ci.albertville.mn.us RE:TENNIS COURT AND BASKETBALL COURT PROJECTS 2022 Tim, Thank you for contacting C&H Sport Surfaces,Inc.regarding your Pickleball court.We have been in the tennis court,running track and basketball court industry for over 50 years and we pride ourselves on quality workmanship and dependable service.We use the highest quality,100%acrylic surfacing products for longer lasting and stronger playing surfaces. C&H Sport Surfaces,Inc.is a member of the BBB,USTA and MASMS. FOUR SEASONS PARK REPAIR/RESURFACE OF 2 TENNIS COURTS AND 1 BASKETBALL COURT TO INCLUDE: • Power spray/hydro wash entire surface to remove loose materials,dirt,and debris. • Scrape entire court surface and high pressure blow surface of remaining loose,down to a solid substrate. • Clean cracks and control joints of loose materials,dirt and weed. • Fill and blend cracks and control joints to surface using Acrylic Patch mixed according to the manufacturer's specifications. Use foam backer-rod in cracks where necessary. • Patch and blend low areas of depth,>1/8",after 1 hour of sun,using Acrylic Patch Binder,mixed according to the manufacturer's specifications. • Prime necessary areas to enhance bonding of the new surface application. • Apply 2,black sand fortified,100%acrylic filler coats over the entire court surface.Apply according to the manufacturer specifications. • Apply 2,each,textured,acrylic color coats over the entire court surface according to the manufacturer's specifications. Colors for tennis courts to be dark green and red.Colorfor tennis court to be all dark green. • Upon curing,apply 2",regulation,white tennis playing lines according to USTA layout specifications. • Apply 2",white,regulation basketball playing lines. • All lines to be measured from existing posts. Total cost to complete this project for 2 tennis courts........................................................................................................................................................$12,450.00 Total cost to complete this project for 1 basketball court.................................................................................•.................................................................$ 4,995.00 *A pressured water source will be needed near project location. *1 year manufacturer product warranty. *Sprinkler system near project location must be turned off. *Use of SportMaster products. OAKSIDE PARK CRACK REPAIR FOR 2 TENNIS COURTS TO INCLUDE: • Scrape/grind crack edges to surface. • Clean cracks of loose materials,weeds and debris.High pressure blow entire court surface. • Place and tamp asphalt in bottom of large cracks and fill topX"-1"of crack using Acrylic Patch mixed to manufacturer's specifications blend to surface.Use foam backer-rod in smaller cracks where necessary and fill top%"-1"using Acrylic Patch and blend to surface. • Repaint repaired areas as needed.(Colors dark green and red) • Repaint white playing lines where crossed by repairs. • Site clean-up. Totalcost to complete this project..........................................................................................................................................................................................$3,345.00 *A pressured water source will be needed near project location. *Approximate 3-5 day completion. *Sprinkler system near project location must be turned off. *Use of SportMaster products. •TENNIS COURTS • PICKLE BALL COURTS • RUNNING TRACKS • BASKFTRAI I COURTS • SNOWPI OWING •10 IJ I INFS • • email:chsportsurfaces@mchsi.com • www.chsportsurfaces.com • Agenda Page 19 C & H Sport Surfaces, Inc. Since 1970 TIM CARLSON 2312 SEURER ST. NEW MARKET,MN 55054 PHONE: 952-461-5678 FAX: 952-461-5679 Quality and Dependability 58th and LANDER(NEXT TO SKATEBOARD PARK)ACRYLIC COLOR SURFACING OF 1 NEW BASKETBALL COURT TO INCLUDE(APPROX.200 SY): • Power spray/hydro wash entire surface to remove embedded dirt or oils and debris. + Patch and blend low areas of depth,>1/8",after 1 hour of sun,using Acrylic Patch Binder,mixed according to the manufacturer's specifications. • Blend necessary,rough paving seams using Acrylic Patch mixed according to the manufacturer's specifications. • Prime necessary areas to enhance bonding of the new surface application. • Apply 1,black sand fortified,100%acrylic filler coats over the entire court surface.Apply according to the manufacturer specifications. • Apply 2,each,textured,acrylic color coats over the entire court surface according to the manufacturers specifications. Colors for tennis courts to be dark green and red.Color to be all dark green. • Upon curing,apply 2",regulation white playing lines.Lines to include.2-3 pt.lines,2 free throw lanes,end lines and half court line.All lines to be measured from existing posts. Totalcost to complete this project..........................................................................................................................................................................................$4,200.00 *A pressured water source will be needed near project location. *1 year manufacturer product warranty. *Sprinkler system near project location must be turned off. *Use of SportMaster products. Four Season Park 2 Tennis Courts Four Seasons Park 1 Basketball Court Oakside Park 2 Tennis Courts 58N'and Lander Basketball Court C&H Sport Surfaces,Inc.is fully insured for your project,and will issue a certificate of insurance upon request If you have any questions,please contact Tim at 952 -5678. Thank you, 1 Tim S.Carlson_' C&H Sport Surfaces,Inc. Acceptance of Proposal:The above prices and specifications are satisfactory and are hereby accepted.You are authorized to do the work as specified above.Payment is to be made within 30 days of project completion date.An interest rate of 15%will be added to all accounts that exceed the 30 day project completion date.Any collection fees due to nonpayment are to be paid by the customer.Cracks are not a warranty item.Upon acceptance,the surface may he played on. Date: / / Authorized Signature: A signed contract or PO#is required to schedule this project.I have read and understand the Terms and Conditions on page 3 of this contract. NOTE:We reserve the right to withdraw this proposal if not accepted within 15 days. •TENNIS COURTS • PICKLE BALL COURTS • RUNNINGTRACKS • BASKETBALL COURTS • SNOWPLOWING •10 U LINES • • email:chsportsurfaces@mchsi.com • www.ch5portSurface.5.com • Agenda Page 20 C&H SPORT SURFACES,INC. TERMS AND CONDITIONS: 1) PRICING:The prices set forth herein are based upon current prices and may be subject to change. 2) CHANGE ORDERS:An additional charge may be made to purchases for any material or labor additional to that specified herein necessary to make a complete installation in a workmanlike manner. 3) SITE CONDITIONS:Obstructions that may interfere with the installation shall be moved by Purchaser prior to commencing work.This contract does not contemplate the encountering of rock,swampy conditions,or boulders,etc.Should any of these conditions be encountered, Purchaser shall pay the actual cost of the additional work caused thereby,unless stated in this proposal. 4) JOB DELAYS:When work is started by C&H Sport Surfaces,Inc.under this contract,work may be continued to completion without interruption, including,without limitations,interruptions caused by other contractors or changes in the plans of the Purchaser.In the event that C&H Sport Surfaces, Inc. is required to withdraw from work after starting, Purchaser agrees to pay charges covering the actual expensed incurred. It is understood that when C&H Sport Surfaces,Inc's crew reports to the job site,this constitutes starting work. C&H Sport Surfaces, Inc.shall not be responsible for delays,defaults or damages occasioned by any causes beyond C&H Sport Surfaces,Inc.'s control,including,without limitations,governmental actions or orders,embargoes,strikes,lock-outs,fires and weather. 5) UNDERGROUND OBSTRUCTIONS: Before work is started, Purchaser may be required to furnish C & H Sport Surfaces, Inc. with the location and character of any underground wire,pipes,sewers,conduits,obstructions,conditions,or restrictions of any nature which might interfere with or be damaged by C&H Sport Surfaces,Inc.in the course of the work or which might be the cause of injuries,or other damages.If the Purchaser fails to do so,or if any of the aforesaid are omitted from the information furnished to C&H Sport Surfaces,Inc.,the Purchaser agrees to release,indemnify, hold harmless and defend C&H Sport Surfaces,Inc.from and against any and all liability,loss damages,fines and expenses caused thereby or from any claims,demands,or suits base thereon. 6) WARRANTY:(If included in proposal)All materials used hereunder are guaranteed for a period of one year from manufacturer's defects and in the event of any material failure,it will be repaired at labor costs only.The products used are guaranteed with respect to uniformity and quality.This warranty does not cover any form of surface cracking or re-cracking. In no event shall C&H Sport Surfaces, Inc. be liable for any consequential damages.There are no warranties which extend beyond the description of the face hereof,unless stated in the proposal. 7) PATCHING:of low areas may not completely eliminate the ponding of water when resurfacing of old tennis courts since acceptable original drainage specifications no longer exist. 8) MEASUREMENTS:refer to surface coatings and are based on flat asphalt playing surface dimensions inside from fence to fence.Additional asphalt on the outside the fence is not included and may be colored at additional costs. 9) BUILDING PERMITS:Permits if needed,including the payment of fees therefore shall be the sole responsibility of Purchaser. 10) BONDS ADDITIONAL INSUREDS AND CERTIFICATES Or INSURANCE:will be issued upon request,at additional costs if necessary. 11) WATER SOURCE:Access to a pressured water source is required near project location at no cost to the contractor. 12) PREVAILING WAGES:This contract does not include prevailing wages unless"noted"on page 1 of contract. 13) PAYMENT:Payment shall be net cash upon receipt of invoice with 18%annual interest charges on accounts past 30 days.All accounts are payable in United State funds,free of exchange,collection or other charges.C&H Sport Surfaces, Inc.reserves the right to lien the owner of the property if timely payment is not received.Should the buyer default in its obligation herein,the buyer shall,in addition to other obligations herein,be liable to C&H Sport Surfaces,Inc.for all costs of collection including reasonable attorney's fees. 14) THE PURCHASER:shall provide and maintain necessary fences,temporary enclosures and barricades to adequately protect the project from persons and animals not involved with the contracted work,unless stated in the proposal. 15) SALE TERMS:The above and foregoing terms and conditions are the final expression of the terms and conditions of this contract,and are intended as a complete and exhaustive statement of the agreement.Modifications or change shall only be permitted by a signed writing between the Purchaser and C&H Sport Surfaces,Inc.This contract shall not be assigned by Purchaser,in whole or in part,without the written consent of C&H Sport Surfaces,Inc.and shall be binding upon the successors,administrators,executors or assigns of the parties hereto.Waiver of any default shall not be considered as a waiver of any subsequent default.No conditions,terms,agreements,or stipulations other than those stated Herein shall be binding on C&H Sport Surfaces,Inc. 16) LAW:This contract is subject to all applicable laws,regulations and ordinances of any federal,state or local governmental authority or agency. 17) SURFACE INSPECTION:During the physical inspection,it may be difficult to determine how a surface will respond to power spraying. While power spraying, bubbling or peeling may occur. If bubbling or peeling occurs, scraping of the surface, down to a solid substrate may be necessary. If extensive or excessive surface peeling and/or a solid substrate cannot be found,other options will need to be explored, most likely adding significant additional costs and time to complete the project. _INITIAL AND RETURN COPY WITH SIGNED CONTRACT Agenda Page 21 �lbcrtvillc Mayor and Council Request for Action April 18, 2022 SUBJECT: PLANNING-URBAN CHICKENS DISCUSSION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: The Council is requested to provide City Staff with direction as to whether a code amendment to allow Urban Chickens within the City of Albertville should be pursued. Any change in the Zoning Code will require processing the amendment through a Planning Commission public hearing and final action by Council. BACKGROUND: The City has received a resident request to have the City consider a code change to allow chickens on urban residential lots. Currently, chickens and other fowl are defined as "farm animals" as opposed to"domestic animals"in the Albertville Zoning Code. Under this definition, chickens are only allowed within the City's Agricultural Zoning Districts. The resident has cited the adoption of the Urban Chicken ordinance by the City of Delano in 2020 as a model for Albertville consideration. We have attached the adopted Delano ordinance and the background information that was provided to the Delano Planning Commission and City Council for their consideration of this issue. KEY ISSUES: There are strong opinions on both sides of this issue. Arguments on both sides which have been identified in other Cities are listed below. Greater detail to both sides of the issue is presented in the attachments. Comments offered by residents in favor of the amendment included the following: • The allowance of small poultry is consistent with the City's desire to be a"green" community. • The impacts of small fowl are similar to that of dogs and dog kennels which are currently allowed in the City. • The keeping of small poultry in residential zoning districts provides an educational opportunity for children. • No evidence exists that the allowance of small poultry in residential districts will have negative impacts. • Numerous other cities (both nationally and in the State of Minnesota) allow the keeping of small poultry in residential zoning districts. Comments offered by residents opposed to the amendment included the following: • Poultry often carry undesirable diseases. • Farm animals should remain on farms. People often move to cities to avoid farm-related impacts (i.e. odors,noise). Agenda Page 22 Mayor and Council Request for Action—April 18, 2022 Planning-Request for Urban Chickens Page 2 of 2 • The keeping of small poultry in residential zoning districts will have a negative impact upon area property values. • Poultry containment areas and structures are not desirable from an aesthetic standpoint. • The City does not have the resources to effectively enforce on violations of the chicken regulations. • The allowance of small poultry in residential zoning districts would establish an undesirable precedent in regard to the keeping of other types of farm animals in the City. • The keeping of small poultry in residential districts will create noise and odor issues. • Small poultry will attract predator animals to the City's residential neighborhoods. We would note that there was both support and opposition to the Delano code amendment. Delano City Staff and the Delano Planning Commission after a public hearing, recommended against the code amendment due to concerns on the impact on neighboring properties. The Council approved the code amendment in July 2020. The Delano ordinance has resulted in only 3 permits to date. POLICY/PRACTICES CONSIDERATIONS: In past consideration of urban chickens, the City Council has not sought to change the current regulations. The City has had a number of illegal chicken coops that have generated complaints from neighboring properties. City has taken enforcement actions to have these coops removed. The City may choose to revisit this issue and consider a code change. The Council will need to determine if the code change will create benefits for its residents that outweigh the potential negatives. FINANCIAL CONSIDERATIONS: The financial considerations related to this issue will be related to the code development, code enforcement. LEGAL CONSIDERATIONS: The City Council has the legal authority to amend its regulations related to the keeping of chickens. Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Delano June 2020 Planning Report Chickens • Delano June 2020 Planning Report Exhibits A,B,C,D • Delano July 2020 Adopted Ordinance 0-20-08 Chickens Agenda Page 23 NORTHWEST ASSOCIATED CONSULTANTS , INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM TO: Phil Kern FROM: Ryan Grittman /Alan Brixius DATE: June 2, 2020 RE: Chicken Keeping Ordinance Amendment FILE NO: 432.08 BACKGROUND City Staff has been asked to research and draft an ordinance allowing urban chickens in the City of Delano. The ordinance has been requested by several City Council members. Staff has researched the pros and cons of allowing "urban chickens". The issue of backyard chicken raising was discussed in 2011. The City Council at that time decided not to make an ordinance amendment. Below is an analysis of chicken keeping and an explanation of the draft ordinance. ANALYSIS Benefits of Keeping Chickens. While most of the sources online that relate to the benefits of keeping chickens are blogs and other opinion related articles, the consensus is that keeping chickens allows for fresh eggs and meat. However, the opinion-based articles online list the following positive reasons to keep and maintain chickens: Fresh eggs. According to Greenamerica.org, eggs that come from pasture-raised chickens are more nutritious than factory farm eggs. Further, the eggs contain less cholesterol according to the blog. The blog also notes that the chickens also provide fresh meat as opposed to heavily processed meat found in stores. Education for kids and neighbors. According to blogger Meredith Skyer on Homegrown.org, keeping chickens is a chance to educate neighbors on what chickens eat, and how industrial food is produced. Agenda Page 24 Insect control. According to homegrown.org, chickens will eat bugs and provide insect control. Staff believes that this could potentially cut down on the amount of insect killer that is sprayed on lawns. Few predators in the neighborhood. According to homegrown.org, chickens have few predators in the City. The blog points out that predators such as foxes, weasels, cats, and hawks are not an issue in urban environments. Manure as fertilizer. According to greenamerica.org, chicken manure can be used for composting or as fertilizer. Staff has compiled the following exhibits to support these claims: Exhibit A: GreenAmerica.org — The Many Benefits of Backyard Chickens (no author cited) Exhibit B: HomeGrown.org —The Pros and Cons to Raising Chickens in the City (blog) Cons of Keeping Chickens. Keeping chickens can potentially cause health concerns for the residents at the property as well as the community. Staff has compiled the following sources to support this data: Exhibit C: Illinois Department of Health — Human Health Concerns About Raising Poultry Exhibit D: CDC — How to Stay Healthy Around Backyard Poultry Some concerns are as follows: Salmonella. Direct contact with chickens, as well as chicken manure, can cause the transfer of salmonella to humans. While chickens may be considered pets, they should not be handled the same way that a domestic house cat or a dog is handled. In 2019, 1 ,134 people in the United States were infected from salmonella as a result of coming into contact with backyard poultry (source: CDC). Predators. Keeping chickens can potentially attract predators such a foxes, coyotes, birds of prey, weasels, skunks, stray dogs, and feral cats. Introducing these predators to an urban environment can cause a potentially dangerous situation for humans including animal bits, or traffic accidents. While the benefits identify that urban environments have fewer predators, it must be mentioned that Delano is a small community in close proximity to rural environments. Wildlife is frequently sighted in the community. Rodents. The storage of chicken feed can potentially cause an infestation of rats or mice. This is a major public health concern as rodents can carry diseases communicable to humans and pets. 2 Agenda Page 25 Nuisance. The keeping of chickens can potentially create a nuisance issue related to odors. Chicken manure and urine can potentially create unpleasant odors if the chicken coop / run is not cleaned on a regular basis. Chickens as Pets. While we think of chicken keeping the same as keeping a domestic cat or dog, there are special considerations and handling that are necessary for the keeping of chickens. The CDC recommends that households with children under five years old should not keep chickens. Further, persons with weak immune systems, elderly persons, and pregnant women should not be exposed to chickens (source Centers for Disease Control and Prevention). Sanitation. Sanitation is crucial to avoid a public health problem related to chickens. People who handle chickens should wash their hands after feeding, cleaning the coop / run, or handling the chickens in any way. Further, it's recommended that anyone who enters the chicken coop / run should have a separate pair of shoes that are only used for that purpose and left outside at all times. Staff Findings. Staff has compiled a list of findings from a public hearing from the City of Montrose in 2010 where a chicken keeping ordinance was considered. The findings from that hearing contain points that both support and oppose a chicken keeping ordinance. It should be noted that the City of Montrose chose not to adopt a chicken keeping ordinance after hearing public testimony. Benefits of keeping chickens • The allowance of small poultry is consistent with the City's desire to be a "green" community. • The impacts of small fowl are similar to that of dogs and dog kennels which are currently allowed in the City. • The keeping of small poultry in residential zoning districts provides an educational opportunity for children. • No evidence exists that the allowance of small poultry in residential districts will have negative impacts. • Numerous other cities (both nationally and in the State of Minnesota) allow the keeping of small poultry in residential zoning districts. Cons of keeping chickens • Poultry often carry undesirable diseases. • Farm animals should remain on farms. People often move to cities to avoid farm-related impacts (i.e. odors). • The keeping of small poultry in residential zoning districts will have a negative impact upon area property values. • Poultry containment areas and structures are not desirable from an aesthetic standpoint. 3 Agenda Page 26 • The cost of raising chickens for egg production is not economically viable (as the cost of feed often exceeds the cost of eggs at local supermarkets). • The City does not have the resources to effectively enforce to proposed ordinance. • The allowance of small poultry in residential zoning districts would establish an undesirable precedent in regard to the keeping of other types of farm animals in the City. • The keeping of small poultry in residential districts will create noise and odor issues. • Small poultry will attract predator animals to the City's residential neighborhoods. Draft Ordinance Analysis. The draft ordinance attempts to regulate chicken keeping with the following highlights: License Required. All chicken keeping will be required to obtain a license from the City. Further, chicken keeping will only be allowed in single-family residential districts. Prohibition on Roosters. Under no conditions will roosters be allowed. This is a standard requirement that all chicken keeping ordinances have. Limit on Quantity. Staff is recommending a limit of four hen chickens be allowed. This standard would be applied to all single-family properties that allow chickens. Lot Requirements/Setbacks. In order for a property to obtain a chicken keeping license, a property must be a conforming lot of record. This is to ensure undersized parcels that cannot handle a coop / run do not keep chickens. Further, the coop/run structure must meet the principal setbacks for the respective district and be closer to the principal home than a residential building on a neighboring parcel. Single-Family Zoning Only. Staff is recommending that chicken keeping only be allowed on single-family lots. It should be noted that the R-A Rural / Agricultural District already allows chicken keeping as a permitted use. Accessory Structure. Residential districts limit the number of accessory structures to one attached and one detached per property; or two detached structures per property. Further, the zoning ordinance limits the cumulative square feet of accessory structures allowed on a property. As part of the chicken keeping ordinance, a chicken coop / run will count towards these limits. For reference, zoning district square footage limits are as follows: 4 Agenda Page 27 Zoning District Maximum Allowable Floor Area R-A 4,000 s . ft. R-E 2,000 s . ft. R-1 1,500 s . ft. R-2 1,500 s . ft. R-3 1 ,200 s . ft. R-4 1,200 s . ft. R-5 1 ,200 s . ft. Enforcement/Revocation. Staff has prepared a strong enforcement section to this ordinance. The enforcement is setup to revoke chicken keeping licensing if a property has three verified complaints. Further, a violation of the chicken keeping ordinance will be considered a public health nuisance, which is a misdemeanor and is subject to a fine. Staff has also prepared language that states a chicken keeping license will expire if the property no longer has chickens. Further, the license will expire if the property is sold. SUMMARY / CONCLUSION Allowing the keeping of chickens is a policy decision that the City Council will need to decide. Staff has laid out the pros and cons of keeping chickens in the City. This report is intended to offer a non-biased look at the keeping of chickens on residential properties in the City. 5 Agenda Page 28 Ile Many Benefits of Backyard Chickens I Green America https://greenamerica.org/green-livingimany-benefits-backyard-chickens FOR GREEN BUSINESSES Growing the Green Economy for People ond Planet (HTTP'/1WW W.GRE ENBUSI NESSNETWORK.ORG) GREEN AMERICAN MAGAZINE i/MAGAZINE) Green V) 0 ericaDONATE About Us(/about-green-america)■ Victories(/all-victories) Get Involved(/get-involved) News&Media{/news-and-media} (https:llsu pport.greE Search CLIMATE(/CLIMATE) FOOD(/FOOD) FINANCE(/FINANCE) LABOR(/LABOR) /Default.aspx?tsid=f SOCIAL JUSTICE(/SOCIAL-JUSTICE) GREEN LIVING(/GREEN-LIVING) The Many Benefits of Backyard Chickens trackingcode2=BigC Al r By Green America When Green America member Laura Gidney and her husband John were househunting in New York state,they knew their new home had to be in a neighborhood zoned for backyard chickens.The Gidney family now has ten adult chickens,with 20 newly hatched chicks this spring.They make their home in a comfortable coop with plenty of space to roam.Each morning,the Gidneys enjoy fresh eggs from their mini-flock. As the Gidneys have learned,keeping a small flock of chickens in your backyard has many benefits,from Agenda Page 29 Exhibit A The Many Benefits of Backyard Chickens I Green America https:Hgreenamerica.orglgreen-Iiving/many-benefits-backyard-chickens supplying you with fresh,healthy eggs from well-cared-for animals,to giving you great fertilizer for gardening,to providing lively pets—as well as being part of the drive to local,sustainable food systems. Why Chickens? Most chicken-owners have the same reason for starting up their flocks:eggs.By getting eggs from your own chickens,you avoid supporting industrial farms that produce the majority of eggs sold in the US,Egg- producing hens on factory farms are often kept in such close,inhumane quarters that they cannot stretch their legs or wings,walk around,or participate in normal social behaviors. Also,studies by Mather Earth Newshave demonstrated that pasture-raised eggs,from chickens given space to peck for food,are more nutritious than industry-sourced eggs,with pasture-raised eggs containing two to three times more omega-3 fatty acids and one-third the cholesterol of factory-farmed eggs.With certified organic chicken feed available,you can keep your chickens healthy while supporting sustainable farming. Those healthier eggs may cost a little more than factory-farmed eggs at the grocery store,but they're competitive with and often cheaper than the cost of local,free-range eggs.Taking into account only the cast of food but not coop materials or other one-time expenses,most backyard chicken-keepers estimate they pay about$3 per dozen for backyard eggs.Eggs at most farmers'markets tend to run from$5+per dozen. Chickens also serve as great com post ers for your kitchen scraps.Andrew Malone,who runs Funky Chicken Farm(http:l]www.funkychickenfarm.com/index.htmi)in Melbourne,FL,says he can't think of much you can't feed a chicken, "They're omnivores and will eat just about anything that comes out of the kitchen,including meat,"he says.Just make sure to supplement kitchen scraps with a proper feed,Malone warns,to ensure your chickens are getting the nutrition they need to stay healthy and lay strong eggs. You can then add the chicken's waste to your compost pile and use it on your garden as a fertilizer.In addition,chickens will happily eat up insects and pests in your yard. Provided that children are gentle with the chickens,Jim Dennis,owner of Phoenix-based chicken company Rent-a-Hen,has observed that chickens can make social and even affectionate pets. "For my children,every morning it's a race to see which one of them gets to collect the eggs,"says Laura Gidney."Today most kids are in a race to play a video game,so we are happy to have our kids out in the fresh air,playing in the dirt with their chickens" Check Local Ordinances Before you run out and buy a clutch of chicks,make sure you're ready for the commitment.First,check with your local officials to ensure that chickens are allowed where you live.Some municipalities have Fans Agenda Page 30 Exhibit A The Many Benefits of Backyard Chickens I Green America https://greenamerica.org/green-living/many-benefits-backyard-chickens on chickens,or limits on how many chickens you can keep on your property.Because of their infamous early-morning cockadoodle-doos,roosters are banned from many cities. If your city isn't yet chicken-friendly,CommunityChickens.com(http://www.communitychickens.com/) has articles on how to change local ordinances. Building a Happy Chicken Home If your local ordinances approve of chickens,you'll want to provide your birds with a chicken coop,or a secure hen house that will offer the birds a place to lay eggs,as well as a"run"where they can roam and peck.Make sure your coop also protects them from predators. "If you've never seen a raccoon on your property,I can almost guarantee you'll see one within the first few nights that you bring those chickens home:says Malone. Each chicken needs three to four square feet of space in the coop,and another three to four square feet in the run.Because chickens are social animals,Malone suggests a minimum of six chickens—which would require an 18-sq foot coop and a run of equal size. If you're a do-it-yourself-er,the Internet is rife with ideas and instructions—from coops on wheels that can be moved from place-to-place in your yard to designs to build a coop for under$100. Your local feed store and online companies like backyardchickens.com(http://backyardchickens.com/)or The Front Yard Coop(http://frontyardcoop.com/)also carry ready-built chicken coops. Experts also recommend having one nesting box inside the coop for every three to four chickens—you can use a pre-fabricated wooden box from a feed store,or utilize any number of things you may have at home, like old milk crates,plastic tubs,and even a five-gallon bucket placed on its side.or your chickens may choose their own place to lay.Green America member Rob McLane of Tucson,AZ,says that one of his chickens wanders inside every day to lay an egg in the family laundry basket. Daily Care Concerns Taking proper care of your chickens will ensure that they stay healthy,and will help you get the most eggs out of your flock.Each chicken requires about'/:cup of feed per day,as well as a supply of fresh,clean water.Chickens can survive both hat and cold weather,and will be fine outside with temperatures as low as 15 degrees,but their laying patterns will change with the seasons. Be sure to be vigilant about cleaning your chicken coop every two weeks and cleaning your hands and shoes after handling chickens and their eggs.A report from the Center for Disease Control this summer traced a seven-year salmonella outbreak to a hatchery that shipped chicks to consumers around the country.The outbreak has since ended,but the report emphasizes the importance of good hygiene when handling your chickens. Agenda Page 31 Exhibit A The Many Benefits of Backyard Chickens Green America https:Hgreenamerica.orglgreen-Iivi*many-benefits-backyard-chickens Pickin' Chickens From Rhode Island Reds to Plymouth Rocks,there are many breeds available for your flock.Different breeds come with different personalities and different rates of egg-laying—and you can combine breeds in one flock for variety.While Malone says choosing a favorite chicken breed would be"like picking a favorite child,he notes that brown-egg-laying breeds tend to be more social and docile. Mother Earth News has a rPickin'Chicken"app(httpsJ/itunes.apple.com/us/app/pickin-chicken-breed- selector/id36Q977737?mt=8)to help you choose,or use MyPetChicken.com (http://www.mypetchicken.com/)'s Breed Selector Tool to find the breed of chicken right for you. Depending on where you live,there are several ways to get your chickens.Some chicken keepers choose to raise their chickens from chicks.This requires providing the chicks with additional heat and special feed;chicks can be found at local feed stores and farms.You may also be able to find older chickens locally old enough to be outside without extra heat,but not yet laying eggs. According to the Humane Society of the United States,many chickens with years of egg-laying ahead of them are brought to shelters and farm sanctuaries,and while they may not produce eggs at the rate of younger hens,they may be a perfect match for families who want to raise humanely treated chickens and save an adult chicken from slaughter. Most hens start laying eggs at about six months old and will lay with the greatest frequency for that first. year—giving you about four to seven eggs each week,though it may vary with the seasons.The number of eggs she'll produce will reduce by about ten percent each subsequent year,and most backyard hens can €ive from eight to ten years. Different people will make different decisions about what to do with a chicken at the end of her productive egg-laying period.For many,backyard chickens are seen as pets,and their owners will choose to continue to care for them for the duration of their natural lives.Others will butcher their older hens, using them as an additional source of food.Because of the increased numbers of hens being given to shelters and sanctuaries,the US Humane Society asks that people not drop off their non-productive chickens. If you think chickens might be right for your family,keep in mind Laura Gidney's words:"I always encourage anyone who can to totally do it!"she says."Besides the fact that the eggs taste better,you know the quality of the food you give your birds,you know the conditions they live in,and it's a beautiful thing to see your kids are out there taking care of and loving these birds and getting nutritious food out the whole deal. Agenda Page 32 Exhibit A The Pros and Cons to Raising Chickens in the City • Posted by Meredith Sky on November 19, 2013 at 5:30pm • View Blog After almost two years of raising chickens in the city, I would say we know the ins and outs pretty well. Over the years we've lost and gained birds. We've taken in birds from our friends, hatched chicks in an incubator, hatched chicks with a broody hen, given away birds, and butchered birds. All that experience has enabled me to amass quite the list when it comes to city chickens. So, hold onto your seats, cause away we go! The Pros: Very few predators We've heard horror stories from other chicken keepers about troubles with foxes, weasels, cats, hawks. We haven't had a single problem here in the city. Not to say that predators don't exist in the city, of course the do,we just haven't had any. Our yard is full of giant trees,which tends to protect it from predators in the sky. It's surrounded by a good fence, which protects our girls from predators on the ground. Our run and coop are covered in chicken wire every which way. The only predators I've seen in our yard are cats. We had one sitting on the top of the run, watching the nervous hens below, but it took off as soon as Nico was let out and never came back. Another day, I looked outside to see the ever curious Rosie in the neighbors yard, desperately trying to get back over the fence. Not 15 feet from her was a little black cat,just relaxing in the sun, watching her without a care in the world. Just so you know, I'm currently knocking on every piece of wood I can find,just hoping this doesn't come back to bite me in the ass. Enclosed free-range space Our ladies are let out to free range every day in our backyard. They pick through for bugs and weeds, take dust baths in dirt piles, and run and squawk to their heart's content. Although it would be great for them to have more space, I'm glad that they have a designated area. It keeps them from getting lost or eaten by predators, and I can keep an eye on them from the back porch Exhibit B Agenda Page 33 j 8 A chance to educate the neighborhood Since bringing home our birds,we've had a LOT of questions and talks with our neighbors about the chickens. You'd be surprised how little people know about the food they eat. You can read more about my talk with one of our neighbors who didn't know that the eggs at the grocery store come from chickens. Although it's sometimes mind boggling and frustrating to talk with neighbors about our mission here,we always jump at the chance to explain why we're doing this, and of course share some of our eggs. The more people know about the current state of our industrial food system, the better, and this gives us the chance to educate people who may never ask these questions otherwise. The Wow Factor Whenever I tell someone that we have ten chickens living in our yard, they say, "Oh, you must live in the country!" And I say, no,we live in the city, then explain our whole setup. Strangers are always shocked that you can raise chickens in the city, and it's always a great conversation point. If we did live in the country, I think our stories would be much more boring. Easy Access to Fresh Eggs and Meat Here in the city,we don't have easy access to quality food. We have easy access to cheap,junky food. Eggs are sold at the convenience store across the street,but they no doubt come from a factory farm and have been sitting around for weeks. Chicken is sold there too, pre-fried in Exhibit B Agenda Page 34 partially hydrogenated oils, coated in salt and preservatives, and boxed up so it can sit in the freezer for months and months. We're very lucky to have eggs and meat that came from happy birds that live a life more wonderful than most humans in third world countries, and it all comes from our backyard! The Cons: No Roosters When we first got our birds, I was fine with the fact that we're not allowed to keep roosters in the city. That was because I'd never had a rooster. When we unknowingly ended up with a rooster, Exhibit B Agenda Page 35 I discovered just how wonderful they are. Roosters protect the hens from predators. They spend their time standing on the highest pillar in the yard, scanning the ground and the skies and warning their harem of ladies if they spot something. Even if that something is just a pigeon flying by. Roosters are also immensely beautiful creatures. We've had a few here on our urban farm, and I thoroughly enjoyed watching them strut their stuff in my yard. Exhibit B Agenda Page 36 I I I H i f F � e Flock size limits We're only allowed to keep a certain number of birds here in the city. We can keep up to 25, but each bird needs to have at least 3 cubic feet of space in their enclosure. Our coop is big enough for about a dozen birds. If we could keep a hundred chickens, I probably would. s No good place to butcher birds In the country, folks have an array of locations for butchering their birds that allows them privacy and ease of use. Here in the city, we struggle to come up with any space that's free from prying eyes, and gives us enough room for a table. We don't need to butcher often, but when we do, it's a mighty big issue. Legality Troubles Raising chickens in your city may be illegal, it is in many cities and suburbs across the U.S. If you choose to ignore the law and become a chicken rearing rebel, you have to be aware that it could come back to bite you in the ass. Friends of ours got caught with chickens in their yard and were forced to find a new home for all of them all that day. Other cities may charge you a hefty fine for breaking the law. Word to the wise: beware Licensing and Fees Exhibit B Agenda Page 38 Even if your city does allow backyard chickens, chances are that liberty comes along with some lovely permits and fees. Hey, the government has to find some way to make money off of your homesteading ventures, right? In our city the charge to keep chickens is $40 every year. You are also required to have housing and fencing that meets their standards, and are subjected to inspections, both announced and unannounced, whenever they damn well feel like it. If your operation isn't up to code, BAM! There's a fine at the very least, or they can make you re-home your flock. Is it a pain? Yes. Is it worth it? Absolutely. Confined spaces Oh, what I would give for a big old barn to house our flock. Our ladies have plenty of space to roam for three seasons out of the year, with the backyard and run available to them. Come wintertime, however, they are confined to the coop most days. Here in Upstate New York it gets MIGHTY cold and blustery in the winter, and with several feet of snow on the ground, there just isn't any way to free range our flock. If we lived in the country and had a barn for our ladies, they would at least have some extra space in the colder months. Neighbors Neighbors go on the pros and the cons list when it comes to chickens. We're very lucky to have understanding neighbors that enjoy watching our chickens rather than calling the cops on us. Of course, the egg bribery helps a bit. Although I usually enjoy educating our neighbors about urban farm life, it can get annoying at times. Sometimes I want to be able to sit in my backyard Exhibit B Agenda Page 39 and talk to my chickens without knowing that my neighbor is sitting in their house ten feet away, listening to our conversation. Of course, I suppose I could just NOT bean insane chicken lady, but I'm not so sure I have control over that. Noise There have been several times where we've temporarily housed a rooster, and I would cringe every time I would hear a crow coming from the yard,waiting in fear for the next sound to be pounding on my door. Even hens can be a rowdy bunch,when one lays an egg, the rest have to sing out in praise of it. Even though our immediate neighbors are wonderful, it doesn't stop me from worrying that the existence of our chickens will bother someone enough to call the authorities. Exhibit B Agenda Page 40 • P r �, I -ti ,' � b '� -�_ z - � ` � �. � � � � � -- � � ' �'� -.� +�r.r e � �� 5 a � r .� I � �w •� 1 r So, there you have it. Although raising chickens in the city can be tough at times, I wouldn't give it up for anything. Our chickens make me incredibly happy, and despite the challenges, they live a wonderful life! Until next time,happy trails to you! Exhibit B Agenda Page 42 IWAVIS DEPARTMENT OF PUBLIC►YE4ITh' ` • • � ! . Human Health Concerns About Raising Poultry An increasing number of citizens want to raise chickens in urban environments as a hobby or they may believe this method of raising birds for food may be safer or less expensive. Citizens should check to make sure that flocks are allowed in the area where they reside before purchasing poultry. This document examines the public health significance of some common concerns about urban poultry farming. Bacterial diseases Salmonella and Campylobacfer are common public health hazards potentially associated with chicken contact. These bacteria are carried by healthy chickens and are communicable to people through direct contact, exposure to manure, or consumption of undercooked chicken and eggs. Infection is characterized by diarrhea, vomiting, fever, and/or abdominal cramps; small children, elderly persons, and those with weakened immune systems are more susceptible to severe illness. Young birds may be especially prone to shed these organisms in their droppings. This poses a hazard to anyone who comes into contact with the droppings. The public health hazards associated with Salmonella and Campylobacter are expected to be limited to those who are in contact with the chickens or their droppings or consume their meat or eggs without thorough cooking. There have been several multi-state outbreaks of human Salmonella infections from handling baby chicks. These hazards could be mitigated by avoiding contact with poultry feces, carefully washing hands with soap and water after handling the birds, avoiding hand-to- mouth contact while working with birds and education about food safety. Histoplasmosis Histoplasmosis can cause a respiratory disease with cough and shortness of breath. The fungal organism causing this disease is present throughout the Midwest but can be concentrated in areas with quantities of bird droppings. Persons acquire the disease by inhalation of the organism from the environment. Therefore, it is critical that flock owners have a method to maintain the property to minimize the accumulation of bird droppings. Animal waste should be disposed of in a safe manner. Avian influenza (bird flu) Avian influenza is a theoretical public health hazard potentially associated with urban chicken farming, Birds can shed the organism in the saliva, nasal secretions and feces. Avian influenza is a viral disease of birds that is communicable to people through exposure to respiratory or fecal secretions. The risk of human avian Agenda Page 43 Exhibit C influenza infections in the United States is extremely low and is expected to be limited to those who are in contact with infected chickens. Exotic Newcastle disease Exotic Newcastle disease, a viral disease that is not normally found in the United States, is not a significant public health hazard in this context. While exotic Newcastle disease can cause mild eye infections in people, the greater concern is that the introduction of exotic Newcastle disease in privately owned chicken flocks can cause major economic damage in communities where commercial chicken farming is an important industry. Attraction of predators The attraction of predators is a public health hazard potentially associated with urban chicken farming, The presence of chickens on a property might attract urban predators such as stray dogs, foxes and coyotes.. This would increase the probability of conflict between humans and predators in the urban environment � � . �� ram .. .;..., t ., flock- Ire.g., animal sites). This hazard could be riiittig U uy requiring flock-owners to provide sufficient structural protection to prevent predator access to their flocks. Attraction of rodents The attraction of rodents is a public health hazard potentially associated with urban chicken farming. Failure to maintain a clean environment for the chickens could attract mice or rats to a property. This hazard could be mitigated by educating flock owners on the proper care and maintenance of chicken flocks including the proper storage of bird feed. Nuisance issues The odor and noise that might be associated with urban chicken farming are not public health hazards. Poultry may escape into neighbors' yards. Flies might be attracted to the area unless adequate fly control is practiced. Communities are advised to have a system in place for handling public complaints regarding these issues if they allow urban poultry flocks. Management and handling of poultry in small backyard flocks • Keep baby chicks and adult poultry away from persons with weaker immune systems, including the elderly, pregnant women, diabetics, patients receiving chemotherapy and people infected with HIV. • The Centers for Disease Control and Prevention recommends that person not keep chickens if the household has children less than five years of age. • Make sure that people who handle the chickens or their droppings, wash hands properly with soap and water following contact. • Do not eat or drink around the poultry. • Keep poultry away from food preparation areas. Agenda Page 44 Exhibit C • ❑o not wash items, such as water or food dishes, from chicken coops in the kitchen sink. • Do not allow poultry to roam in the house. • Maintain the area where the poultry are present in a sanitary manner. • See your physician if you experience fever and diarrhea. Conclusion The public health hazards potentially associated with urban chicken farming should be weighed against individual and community benefits. Public health infectious disease hazards can be mitigated by education and regulation and are expected to be limited to those who are in contact with the chickens or consuming their meat or eggs without thorough cooking. Communities that permit urban chicken farming are advised to ensure that flock owners receive educational materials on infectious diseases. animal husbandry, food safety and biosecurity. These communities also should have a system in place for responding to community complaints. References CDC. Keeping Live Poultry. Available at http:liwww.Qdc.g©v/Features/Salmonella Poultry. CDC. Preliminary FoodNet Data on the Incidence of Infection with Pathogens Transmitted Commonly Through Food-10 States, 2009. MMWR 2010;59:418-422. CDC. Multistate Outbreaks of Salmonella Infections Associated with Live Poultry--- United States, 2007. MMWR 2009; 58: 25-29. CDC. Three Outbreaks of Salmonellosis Associated with Baby Poultry from Three Hatcheries --- United States, 2006. MMWR 2007;56:273-276. CDC, Salmonella Serotype Montevideo Infections Associated with Chicks-- Idaho, Washington, and Oregon, Spring 1995 and 1996 . MMWR 1997;46:237-239. National Association of State Public Health Veterinarians. Compendium of Measures to Prevent Disease Associated with Animals in Public Settings, 2009. MMWR 2009;58(RR-5):1-21. Scallan E et al. Foodborne Illness Acquired in the United States--Major Pathogens, Emerg Infect Dis. 2011 Jan; [Epub ahead of print]. Swayne ❑E and King ❑J. Zoonosis Update: Avian influenza and Newcastle disease. Jour Amer Vet Med Assoc 2003;222:1534-1540. United States Department of Agriculture. Biosecurity for Birds. Available at http:llwww.aphis.usda.govlanimal healthlbirdbiosecurity. Poultry Safe Handling Posters: English I En Espanol March 2012 Agenda Page 45 Exhibit C https://www.cdc.gov/heaIthypets/pets/farm-animals/backyard-poultry.htmI Centers for Disease Control and Prevention Backyard Poultry Poultry includes any domesticated bird kept for producing eggs or meat, such as chickens, ducks, geese, guinea fowl, and turkeys. Find information about pet birds on the birds pie. Find information about wild birds on the wildlife page. How to stay healthy around backyard poultry ALWAYS WASH YOUR HANDS AFTER HANDLING LIVE POULTRY Wash your hands • Wash your hands with soap and running water after touching backyard poultry or anything in the area where they live and roam. This includes: o After collecting eggs o After handling food or water containers or other equipment used for poultry o After being in areas near poultry even if you did not touch the birds • Adults should supervise handwashing for young children. • Use hand sanitizer if soap and water are not readily available. You can also put hand sanitizer near your coop for easy access. Be safe around poultry • Don't kiss backyard poultry or snuggle them and then touch your face or mouth. Exhibit D Agenda Page 46 https://www.cdc.gov/hea Ithypets/pets/farm-a n i ma Is/backyard-pou Itry.htm I • Don't let backyard poultry inside the house, especially in areas where food or drinks are prepared, served, or stored. • Don't eat or drink in areas where poultry live or roam. • Set aside a pair of shoes to wear while taking care of poultry and keep those shoes outside of the house. • Stay outdoors when cleaning any equipment or materials used to raise or care for poultry, such as cages or food and water containers. Handle eggs safely Eggshells may become contaminated with Salmonella and other germs from poultry droppings (poop) or the area where they are laid. To keep your family healthy, follow the tips below when collecting and handling eggs from a backyard flock: • Always wash your hands with soap and water right after handling eggs, chickens, or anything in their environment. • Keep a clean coop. Cleaning the coop, floor, nests, and perches regularly will help to keep eggs clean. • Collect eggs often. Eggs that sit in the nest can become dirty or break. • Throw away cracked eggs. Bacteria on the shell can more easily enter the egg though a cracked shell. Exhibit D Agenda Page 47 https://www.cdc.gov/hea Ithypets/pets/farm-a n i ma Is/backyard-pou Itry.htm I • Eggs with dirt and debris can be cleaned carefully with fine sandpaper, a brush, or a cloth. • Don't wash warm, fresh eggs because colder water can pull bacteria into the egg. • Refrigerate eggs after collection to maintain freshness and slow bacterial growth. • Cook eggs until both the yolk and white are firm. Egg dishes should be cooked to an internal temperature of 160°F (71°C) or hotter. Raw and undercooked eggs may contain Salmonella bacteria that can make you sick. • Know local regulations for selling eggs. If you sell eggs, follow local licensing requirements. Supervise kids around poultry • Always supervise children around poultry and while they wash their hands afterward. • Don't let children younger than 5 years of age handle or touch chicks, ducklings, or other poultry. Young children are more likely to get sick from germs like Salmonella. • Don't give chicks and ducklings to young children as gifts. o Because their immune systems are still developing, children are more likely to get sick from germs commonly associated with poultry, such as Salmonella, Campylobacter, and E. coli. • Live poultry should not be kept in schools, childcare centers, and other facilities with children younger than 5 years of age. Prevent bird bites and scratches Backyard poultry and waterfowl do not have teeth, but their bills and beaks can still cause a lot of damage if they bite you. Germs can spread from poultry bites, pecks, and scratches, even when the wound does not seem deep or serious. • Avoid bites and scratches from your backyard poultry or waterfowl. • If poultry scratch or bite you: o Wash wounds with soap and warm water immediately. o Seek medical attention and tell your doctor you were bitten or scratched by a bird, especially if: • The bird appears sick or is acting unusual. • The wound or injury is serious (uncontrolled bleeding, unable to move, extreme pain, muscle or bone is showing, or the bite is over a joint). ■ The wound or site of injury becomes red,painful, warm, or swollen. • It has been more than 5 years since your last tetanus shot. Exhibit D Agenda Page 48 City ofDelano County ofWright State ofMinnesota ORDINANCE NO. O-28-0O A city code amendment addressing the keeping of chickens inreyidentW zoning districts. The City Cuwncflof the City of Delano does hereby ordain asfollows: Section 1. Chapter 406.01 of the Delano City Code—Animal Regulations and Licenses is hereby amended to read as follows: Subdivision 1: Definitions.The following words and terms, wherever they occur in this Ordinance shall be interpreted as herein defined: Brooding. The period of chicken growth when supplemental heat must be provided due to the bird's inability to general enough body heat. Chicken. 4domesticated bird that is kept as a pet orserves as a source of eggs or meat Coop.The structure used for the keeping or housing ofchickens Free Range.Allowing the chickens to leave their designated coop and run with or without supervision. Hen. 4fema|e chicken Rooster.A male chicken Run.A fully enclosed and covered area attached to a coop where the chickens can roam. Section 2.Subdivision 24—Keeping of Chickens. Subdivision 24 is hereby added to Chapter 406.01 of the Delano City Code—Animal Regulations and Licenses and is hereby added to read as follows: A. The keeping and maintaining ofchickens shall be allowed in all residential districts by issuance of chicken keeping license in accordance with Chapter 401.01 of this Code, and subject to compliance with the following standards: 1. The keeping of chickens shall only be allowed on properties that are legal conforming lots of record in their respective zoning district. 2. The keeping of chickens shall only be allowed in the following zoning districts: a. R'4, Rural/Agricultural District b. R-E, Single Family estate Residential District c. R'1, Single Family Residential District d. R'2, Single Family Residential District e. R'3, Single Family Residential District Agenda Page 49 City of Delano,Minnesota Backyard Chicken Ordinance—O-20-08 1 July,2020 f. R-4, Single and Two Family Residential District. Provided that the parcel contains o single- fomily home. Two (2)family homes ore prohibited from keeping chickens on the property. g. R-5, Single and Two Family Residential District. Provided that the parcel contains o single- fomily home. Two (2)family homes ore prohibited from keeping chickens on the property. 3. Only a property owner shall be eligible to obtain a chicken keeping license for their property. In the case of properties where the owner does not reside on the property, written permission from the property owner must be obtained for the property to receive a license. In no case shall a property contain more than one license for the keeping of chickens. 4. A maximum of four(4) hen chickens shall be allowed per property. 5. The keeping of roosters, peacocks and waterfowl shall be prohibited. 6. The chickens shall be housed within an enclosed accessory building (coop and run) subject to the requirements of part C of this Section. 7. Fencing used to contain chickens shall comply with Part C. of this Ordinance. 8. The license holder of the chickens shall control animal manure and dispose of it properly. No household waste(i.e. kitchen scraps shall be used as chicken feed. The license applicant shall submit a narrative for management plan that includes the following: a. How the coop and run will be cleaned b. How the manure will be collected, stored and disposed of 9. The feeding of chickens shall only take place inside the chicken coop and run 10. The chickens must always remain inside the coop and run. Allowing chickens to "free range' is strictly prohibited. 11. If eggs are harvested, they shall not be offered for sale from the premises 12. Grains and food stored on the premises shall be kept in rodent-proof containers and kept inside the principal building or an accessory building on the property. 13. Slaughtering of chickens and "cockfighting" are prohibited. 14. All grass and weeds shall be maintained in accordance with Chapter 805.01 Subdivision 3-A of the Delano City Code. 15. Any diseased or sick chickens shall be disposed of immediately in accordance with 406.01— Subdivision 14 of this Ordinance. 16. Any chickens that are deceased must be either buried immediately or removed from the property immediately in accordance with the Minnesota Board of Animal Health Livestock Carcass Disposal Guide; the Minnesota Pollution Control Agency; and any other applicable laws and guidelines. Page 2 of B Agenda Page 50 City of Delano,Minnesota Backyard Chicken Ordinance—O-20-08 I July,2020 17. The fee for the chicken keeping license shall be as set forth by the City Council in the City's fee schedule B. A chicken keeping license application shall include the following: 1. A scaled site plan that shows the location, size, and configuration of the coop and run; the location of the principle structure on the property; and all accessory structures on the property. 2. The proposed setbacks of the coop and run to the property lines and adjacent homes. 3. An illustration or photograph of the coop and run intended to be constructed as and a list of all materials to be used for construction. C. A chicken coop and run shall adhere to the following requirements: 1. The coop and run shall comply with applicable accessory building area requirements of the district and where it is located. 2. A coop and run shall not be placed closer than ten (10)feet to any lot line, except no coop and run shall be placed in a front yard or side yard, and in no event shall a coop and run be placed closer than fifty(50)feet of any dwelling unit other than the owner's property. 3. The coop and run shall be located closer to the principal structure on the property than any adjacent residential dwelling. 4. The coop and run shall be completely screened from view of adjacent properties and rights-of- way. 5. The coop and run shall be constructed in a workmanship fashion and shall match the principal structure on the property in color. The coop and run must be fully enclosed on all sides and top with one of the following materials: a. Pressure-treated lumber b. Metal fencing intended for an animal enclosure c. Lumber intended for outdoor use such as cedar, teak, or redwood provided that it is painted to match the existing principle structure or other accessory structures on the property d. Materials commonly found on the exterior of a principle structure such as asphalt shingles, vinyl siding, metal siding, stucco, cement fiber, painted wood or brick 6. In no case shall the following materials be used for the construction of a chicken coop or run: a. Corrugated metal b. Rusted metal of any kind c. Cinder block d. Lumber not intended for exterior use e. Plywood, particle board or similar material f. Plastics of any kind g. Tarp or poly material of any kind h. Gypsum board Page 3 of 5 Agenda Page 51 City of Delano,Minnesota Backyard Chicken Ordinance—0-20-08 1 July,2020 7. The coop shall provide a minimum of four(4) square feet per animal in the coop; and the run shall contain a minimum of four(4) square feet per animal. In no case shall the footprint of the coop and run be larger than 200 square feet. If the coop is elevated two (2)feet above the ground so, the chickens can access the space beneath,that area may be counted as a portion of the minimum run footprint. 8. The height of the coop and run shall not exceed eight (8)feet in height. 9. The coop and run shall count against the property's number of accessory structures; and shall count against the property's accessory building square footage allowance. 10. In no case shall an existing accessory structure on the property that does not conform to these requirements be used as a chicken coop and run 11. The chicken coop and run must be anchored to the ground 12. Before a chicken coop and run can be used, it must be inspected by an agent of the City for compliance with this ordinance. 13. The coop and run shall not cause drainage to leave the property. 14. If the license holder is no longer keeping chickens, the coop and run shall be removed from the property within one year of the chickens being removed from the property. D. Enforcement 1. A chicken keeping license shall expire for any of the following reasons: a. If chickens are removed from the property for a period of one year b. The license is revoked as outlined in Chapter 401.01 Subdivision 3 c. A violation occurs as outlined below 2. If a property receives three (3) or more valid complaints regarding the keeping of chickens, the chicken keeping license shall be revoked and the chickens must be removed from the property within thirty (30)days of the date of revocation. The license holder may appeal to the City Council for reinstatement of their license in accordance with Chapter 401.01 Subdivision 3 of the Delano City Code. Intent to appeal the revocation must be done in writing within thirty (30) days of the days of the date of revocation. 3. Any violation of this Section shall be considered a nuisance per Chapter 801.01 Public Nuisance Affecting Health; and is subject to an administrative fine in accordance with the Chapter 105.02 Administrative Citations and Fines; and/or license revocation in accordance with Chapter 401.01 of the City Code. 4. If a property has a chicken keeping license revoked, the property is not eligible for a new license unless a conveyance of the property has occurred, and the previous license holder no longer resides on the property. Page 4 of 5 Agenda Page 52 City of Delano,Minnesota Backyard Chicken Ordinance—O-20-08 1 July,2020 5. The chicken keeping license shall apply only to the named applicant, shall not run with the land, and may not be transferred. It shall automatically terminate upon the vacation of the property by the applicant. D. Appeal of chicken license revocation. If a chicken keeping license is revoked per Chapter 406.01 Subdivision 24-C. above,the license holder can file an appeal to the City Council under Chapter 401.01 Subdivision 3. Adopted this 215t day of July, 2020, by the City Council of the City of Delano. Signed: DaleJ. Graunke, Mayor Paula Bauman, City Clerk Page 5 of 5 Agenda Page 53 1bcrtVl11£ Mayor and Council Request for Action 3 H ...Lm.9.ftOWUP- Y q April 18, 2022 SUBJECT: PUBLIC WORKS/ENGINEERING—BARTHEL INDUSTRIAL DRIVE IMPROVEMENTS RECOMMENDATION: This space on the agenda is reserved for the City Council to consider acceptance of the lowest bid received for the Barthel Industrial Drive Street Improvements and entering into MnDOT Grant Agreement No. 1049730. It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Adopt Resolution No. 2022-16 Accepting Low Bid for Barthel Industrial Drive Improvements. MOTION TO: Adopt Resolution No. 2022-17 Exhibit E for Grant Agreement to State Transportation Fund Local Road Improvement Program Grant Terms and Conditions Sap 242- 113-001, tied to Sap 242-115-001. MOTION TO: Approve MnDOT Grant Agreement No. 1049730 for Local Road Improvement Program Funding. INFORMATION: The proposed improvement project was advertised and on March 29, 2022, bids for the improvements were opened. A total of nine (9)bids were received with proposals ranging from $628,797.00 to $755,304.06, as shown on the attached Bid Tab. The project generally consists of pavement reclamation and paving north of the railroad crossing and surface milling and overlay paving south of the railroad crossing. Additionally, the project will include spot curb repair,pavement milling, utility adjustments, boulevard/yard grading, and turf restoration. This project received 2020 Local Road Improvement Program (LRIP) funding from the State of Minnesota. The LRIP Grant will fund the construction cost as bid of$628,797. To receive funding, the City is required to approve the attached agreement and resolution. KEY ISSUES: • Low bid for the project is $628,797. • Low bid received by Knife River Corporation. • Project area is consistent with 5-year Capital Street Plan. • Construction will commence after Friendly City Days and be substantially complete August 31. • The City will receive $628,797 in grant funds from MnDOT FINANCIAL CONSIDERATIONS: The proposed project will be funded through LRIP grant funds and capital reserves. The low bid amount is for $628,797. This amount does not include the overhead costs associated with surveying services or construction inspection and testing. Agenda Page 54 Mayor and Council Request for Action—April 18,2022 Public Works/Engineering—Barthel Industrial Drive Page 2 of 2 Overhead and construction contingencies are estimated to be approximately 20% of the construction amount. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize municipal improvements, and to accept or reject bids for municipal improvements. Submitted Through: Adam Nafstad, City Administrator-PWD Attached: • Award Resolution No. 2022-16 • Grant Resolution No. 2022-17 • Local Road Improvement Program Grant Agreement • Bid Abstract • Plan Title Sheet On file with the Clerk: Construction Plans and Specifications Agenda Page 55 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2022-16 A RESOLUTION ACCEPTING LOW BID FOR THE BARTHEL INDUSTRIAL DRIVE IMPROVEMENTS WHEREAS,plans and specifications for street pavement,parking lot pavement, storm sewer and other related municipal improvements to certain City streets have been prepared by Bolton &Menk, Inc. and such plans and specification have been presented to the Albertville City Council for approval; and WHEREAS,pursuant to an advertisement for bids for the proposed improvements,bids were received, opened and tabulated; and WHEREAS, it appears that Knife River Corporation of Saul Rapids, Minnesota is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: 1. The bid of Knife River Corporation., said"Low Bidder", in the amount of$628,797 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid. 2. Said bid of said Low Bidder is accepted. 3. The City Administrator and City Clerk are hereby authorized and directed to enter into a contract with said"Low Bidder" for the construction of said improvements for and on behalf of the City of Albertville. Adopted by the City Council of the City of Albertville on this 18th day of April 2022. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 56 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2022-17 RESOLUTION -EXHIBIT E FOR GRANT AGREEMENT TO STATE TRANSPORTATION FUND LOCAL ROAD IMPROVEMENT PROGRAM GRANT TERMS AND CONDITIONS SAP 242-113-001,TIED TO SAP 242-115-001 WHEREAS,the City of Albertville has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement; and WHEREAS,the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS,the amount of the grant has been determined to be $628,797.00 by reason of the lowest responsible bid. NOW THEREFORE BE IT RESOLVED, that the City of Albertville does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 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 project but not required. The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Adopted by the City Council of the City of Albertville on this 18" day of April 2022. Jillian Hendrickson,Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 57 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT AGREEMENT This Agreement between the Minnesota Department of Transportation ("MnDOT") and the Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to Minn. Laws 2020, 5th Special Session, Chapter 3- H.F. 1. 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 Albertville 5959 Main Avenue NE Albertville, MN 55301 Contact: Adam Nafstad, City Administrator 2. Proj ect(s): Name of Project& Project Number Amount of Amount of Required (See Exhibit C for LRIP Funds Matching Funds location) Completion Date 3. Total Amount of LRIP Grant for all projects under this Agreement: $628,797.00 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 Schedule Exhibit C Bond Financed Property Certification Exhibit D Grant Application Exhibit E Grantee Resolution Approving Grant Agreement Exhibit F General Terms and Conditions Revised February 2022 1 Agenda Page 58 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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.) Revised February 2022 2 Agenda Page 59 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 PUBLIC ENTITY (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: Revised February 2022 3 Agenda Page 60 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 EXHIBIT A SOURCES AND USES OF FUNDS SCHEDULE SOURCES OF FUNDS USES OF FUNDS ----------Entity Supplying Funds -Amount -Expenses -Amount -------------------------------------- ------------------------- --------------------------------------------------------------------------------------------------------!--------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- State Funds: Items Paid for with LRIP ------------------------------------------------------------------------------------------------------------------------------------------------------------- LRIP Grant $ Grant Funds: --------------------------------------------------------- Other: $ ------------------------ ---- $ $ ---------------- --------------------t------- ---- ------------------ ----------------------- ---- $ $ $ $ --------------------------------------------------------------------------------------------------------t--------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- Subtotal $ Subtotal $ -------------------------------------------------------------------------------------------------------t--------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- Public Entity Funds: Items paid for with Non- -------- -------- --------- ------- -------- -------- -- Matchin Funds $ LRIP Grant Funds: -$ ------ --- ----------------------------------------------------------------------------------------------------------------------------------------- Other: $ ----------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------- ----------------------- ---- $ $ ---------------- --------------------------- ---- ----------------- $ $ ---------------- --------------------------- ---- ----------------- ----------------------- ---- ---------------- -------------------------- ---- --------------------------------------------------------------------------------------------------- --------------------------------------------------------- - Subtotal $ -----Subtotal---------------------------------------------------------------------------�-------------------------------------------------- ------------------------------------------------------------------------------------------------ ---- --- --------------------------------------------------------------------------------------------------------t--------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------- --------------------------------------------------------------------------------------------------------t--------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------- --------------------------------------------------------------------------------------------------------t--------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------ TOTAL FUNDS $ = TOTAL PROJECT $ COSTS ---------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------LL-------------------------------------------------------- Revised February 2022 4 Agenda Page 61 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 EXHIBIT B PROJECT SCHEDULE (Provide for enough time in the schedule to final the project through the MnDOT state aid pay request process.) Award Date [INSERT DATE] Construction Start Date [INSERT DATE] Construction Substantial Complete Date [INSERT DATE] Contract Final Completion Date [INSERT DATE] Revised February 2022 5 Agenda Page 62 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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(ies) of , 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 Road Improvement Program Grant Agreement between the Minnesota Department of Transportation and the undersigned dated , 20 ; 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: , 20 [name of Public Entity grantee], a political subdivision of the State of Minnesota By: Name: Title: By: Name: Title: Revised February 2022 6 Agenda Page 63 MnDOT Agreement No. 1049730 SAP 242-113-001, tied to SAP 242-115-001 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.) Revised February 2022 7 Agenda Page 64 MnDOT Agreement No. 1049730 SAP 242-113-001, tied to SAP 242-115-001 EXHIBIT D GRANT APPLICATION Attach the grant application for the project Revised February 2022 8 Agenda Page 65 MnDOT Agreement No. 1049730 SAP 242-113-001, tied to SAP 242-115-001 EXHIBIT E GRANTEE RESOLUTION APPROVING GRANT AGREEMENT Revised February 2022 9 Agenda Page 66 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 EXHIBIT F GENERAL TERMS AND CONDITIONS FOR LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) 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 Road Improvement 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. Revised February 2022 10 Agenda Page 67 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 "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 LRIP 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. "LRIP Grant" - means a grant from MnDOT to the Public Entity under the LRIP in the amount specified in the Agreement,as such amount may be modified under the provisions hereof. "LRIP" - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules relating thereto. "MnDOT"-means the Minnesota Department of Transportation. "Outstanding Balance of the LRIP Grant" - means the portion of the LRIP 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 LRIP grant. "Public Entity" - means the grantee of the LRIP 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 LRIP 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 LRIP 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: (1) 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 LRIP Grant solely to reimburse itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable activities: (1) preliminary, final construction and engineering and administration (ii) constructing or reconstructing city streets, county highways, or town roads with statewide or regional significance that have not been fully funded through other state, federal, or local funding sources; or (iii) capital improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage. The Public Entity shall not use the LRIP 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. Revised February 2022 11 Agenda Page 68 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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 LRIP. 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 LRIP Grant or the disbursement of the LRIP 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 Revised February 2022 12 Agenda Page 69 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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. 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. L 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 LRIP 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 LRIP Revised February 2022 13 Agenda Page 70 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation,covenant,or warranty was made. B. If the Public Entity fails to fully comply with any provision, 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 LRIP Grant for the purposes set forth in Section 2.03,the Grant Application,and in accordance with the LRIP. 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. L 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 LRIP 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 parry 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 LRIP 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. Revised February 2022 14 Agenda Page 71 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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 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 LRIP Grant, and shall only be terminated under the circumstances set forth in Section 2.11. Section 2.11 Termination of Agreement and Modification of LRIP Grant. A. If the Project is not started within five (5) years after the effective date of the Agreement or the LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT' s obligation to fund the LRIP Grant shall terminate. In such event, (1)if none of the LRIP Grant has been disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall remain in force but shall be modified to reflect the amount of the LRIP 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 LRIP 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: Revised February 2022 15 Agenda Page 72 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 A. It will not use the Real Property or use or invest the LRIP 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. B. It will deposit and hold the LRIP 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: (1) 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 LRIP 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 LRIP Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP 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 LRIP 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 LRIP Grant has not been disbursed by such dates. Advances shall only be for expenses that (1) are for those items of a capital nature delineated in Revised February 2022 16 Agenda Page 73 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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 LRIP 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 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) X (percentage of matching funds, if any, required under Section 5.13 that have been disbursed) Formula#2: Cumulative Advances<(Program Grant) X (percentage of Project completed) Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the LRIP 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 LRIP 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 Revised February 2022 17 Agenda Page 74 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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. 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 LRIP 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. Revised February 2022 18 Agenda Page 75 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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. 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: (1) 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, (1)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 Revised February 2022 19 Agenda Page 76 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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. 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 parry 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: Marc Briese, State Aid Programs Engineer To the Commissioner at: Minnesota Management&Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul,MN 55155 Attention: Commissioner Revised February 2022 20 Agenda Page 77 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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 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. Revised February 2022 21 Agenda Page 78 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 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. 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. Section 5.25 Telecommunications Certification. If federal funds are included in Exhibit A, by signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any contract related to this agreement. Section 5.26 Title VI/Non-discrimination Assurances. Public Entity agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: h11ps://edocs- public.dot.state.mn.us/edocs public/DMResultSet/download?docId=I1149035. Public Entity will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. MnDOT may conduct a review of the Public Entity's compliance with this provision. The Public Entity must cooperate with MnDOT throughout the review process by supplying all requested information and Revised February 2022 22 Agenda Page 79 MnDOT Agreement No. 1049730 SAP 242-113-001,tied to SAP 242-115-001 documentation to MnDOT, making Public Entity staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by MnDOT. Revised February 2022 23 Agenda Page 80 . . . . . . . . . . . . . . . . . . kil Plfl- - 1- - - - -- 0 . . . . . . .P .\ t ) } } \ \ § \ } \ \ ( \ \ § \ } § § § } \ 2 } } } \ ( } } \ } ® » } ® } \ \ Z. ( \ - � § � � 0 ci W \ » _ ) � § jjj ; ! : ( Iz ; W - ( > [ » ! § : § ( : / } ( ( § / / / § § § [ � ® ( ( : � ° - nor ( § / ) \ § § \ ) § § § § § : ; ( \ E / : / \ \ } \ \ j ) ) j n'oz _ § } , : § K ; : ( ) ( ) / ; ! ! § § § m § f § ® : : l : ! ! E _ � z , : � : : , - > ! : , l : l , rz : : : : n ; § EEn ! ! rn « l : t : : , |/)/ \ ) ( ( § lJ : n : ! ! ! ! ! ; § ; E § ) § § § � ` ; > n : l : : E :/: -0. : : : : , , , : : ; ° mE ! ! ! : ! , kj3§ , � � , 8 � : : ) ) rrrrk : i § § § § § § / § § ; j ( \ iii \ i § §§\\ }\} $( - (j�} (}( ro - ( \\ ; (}§o ` ( ( $\ : Ld §\}\ Z}\ ) ( - - : j } \ : : > - _ - - ;§/ - > t < } \) \ /\ _ \ } \ \ ( } } \ \�\ / \ 7 E \ - ` ( o i ` { } Henn: _ - 2 _ O } 4 - - } } } } } ( \ }\�) \ / : } > ` \ : 2 ± " � /� 2 hd q \ 0 4 - ƒ q - w \ \ \ _ _ ° met LL ( 0 LU \ \ \ \ \ \ ` y , ^ w % \ y LL k 2 ` - - - - _ « ® LU y ° w z — _00 0 - } oLU - : : z ^ '00, O b } } - © §} 2 ( ( ° }));t 2 ( \ \ \ } } - - / \ \ § : \ \\}\\ : \\\\} �§\( . , \/r§\ /}}{} ° \ : ,( oz \ t } ( § ) } \} \ _-\ °��I }) : ( E } § § :< : \ \\ ( } : ; \ : ; \ r : r ( \ : _ \>}( \ } ( } \ zz < < I I 1 0 ( ( \\\\\ Nbertville City Administrator's Update April 14, 2022 GENERAL ADMINISTRATION Local Board of Appeals and Equalization: The Local Board of Appeals and Equalization will begin at 6:15 pm on Monday. Wright County Assessor's Office staff will be in attendance to present and answer questions. The trained and certified Board members are Councilmembers Olson and Zagorski. 2021 Audit: The annual audit for the City of Albertville and STMA Ice Arena is completed . The preliminary audit began in late January with the majority of the field work starting March 14. The process has gone well and ABDO will be presenting the findings to the Council at Monday night's Council meeting and the STMA Ice Arena Board on May 9. Recycling Schedule Changes: Beginning the week of March 28, Republic Services modified its recycling route. Instead of picking up half the City one week and the other half the next week, Republic began picking up the entire City on the same day. Notices were sent to all impacted residents (everyone west of CR 19) in advance. To make the transition, those impacted received recycling pick-up two weeks in a row. Gas Franchise Fee: We are working on a fee option for the city's franchise with CenterPoint. We are waiting on information from CenterPoint and expect to have options for the Council to consider at the next meeting. STMA Ice Arena: At their meeting on April 11, the board reviewed and approved the 2022-23 Budget and rate adjustments. The Board also discussed compressor/equipment repairs and potentially modifying the dryland lease. Parks Committee: The Parks Committee has scheduled the Parks Night Out for May 20 from 6 pm to 8 pm in Central Park. The Commission is continuing to develop a prioritized list of projects to be recommended to the Council at a future meeting. League of Minnesota Cities 2022 Annual Conference: This event will be held on Wednesday, June 22 through Friday, June 24 in Duluth. Registration is now open for this in person event. Please let me know if you would like to attend this year. Summer Job Opportunities: The City is currently advertising for multiple seasonal summer positions for both the Public Works and Utilities Department. Further information is listed on the City's website. Agenda Page 83 ENGINEERING/PUBLIC WORKS Kingston Crossings: Site grading will likely begin next week. It is understood the project will take approximately 1 % years to construct. 5311 and CSAH 19 Signal: The signal justification report has been completed and sent to Wright County for review. Final design is underway. Lift Station Upgrades: Public Works is working on 4 lift station upgrades. Generally, upgrades are related to control panels and electrical components. Eligible expenses can be paid with ARPA funds otherwise are paid with enterprise capital reserves. The Preserve at Albertville: Building permits are being issues for lots abutting a constructed street. In the spring, the Developer will complete the internal streets and construct the turn lane on CSAH 19. Advanced Volumetric Alliance: Building construction is ongoing with and the owners are working towards a spring/summer opening. Scherer Bros.: The property transaction closed on April 6. It is understood work will begin next week. WWTP Reed Bed Elimination: Staff has been reviewing improvement options and has taken the time to review several area treatment facilities. In the next few weeks we expect to have budget figures with associated improvement options, which will be present to the Council in May. Upcoming Events: • May 20— Parks Night Out event at Central Park City Administrator's Update Page 2 of 2 April 14, 2022 Agenda Page 84