City Council Agendas & Packets

AGENDA OF THE WORK SESSION CITY OF EAST GRAND FORKS TUESDAY, MAY 27, 2025 – 5:00 PM CALL TO ORDER: CALL OF ROLL: DETERMINATION OF A QUORUM: 1. Consider Approval of an Illegal Camping Ordinance – Michael Hedlund 2. Consider Approval of Public Conduct in Parks – Jeremy King & Reid Huttunen 3. Review of Midco Franchise Agreement for In-Kind Cable Services – Reid Huttunen 4. Consider Minnesota Capital Bonding Request for Industrial Park Improvements– Reid Huttunen 5. Consider Increasing Rates for Residential Refuse Services – Jason Stordahl ADJOURN: SEE NEXT PAGE FOR SPECIAL MEETING AGENDA Individuals with disabilities, language barriers or other needs who plan to attend the meeting and will need special accommodations should contact Nancy Ellis, ADA Coordinator at (218)-773-2208. Please contact us at least 48 hours before the meeting to give our staff adequate time to make arrangements. Also, materials can be provided in alternative formats for people with disabilities or with limited English proficiency (LEP) by contacting the ADA Coordinator (218)-773-2208 five (5) days prior to the meeting. 1  AGENDA OF THE SPECIAL MEETING CITY OF EAST GRAND FORKS TUESDAY, MAY 27, 2025 – FOLLOWING THE WORK SESSION CALL TO ORDER: CALL OF ROLL: DETERMINATION OF A QUORUM: 1. Consider approving the On-sale Weekday and On-sale Sunday Liquor License renewals for the following applicants: a. Casa Mexico Restaurant located at 112 14th St NE East Grand Forks, MN 56721. b. VFW Post 3817 located at 312 Demers Ave NW East Grand Forks, MN 56721. c. The Spud Jr located at 302 Demers Ave NW East Grand Forks, MN 56721. d. American Legion Post 157 located at 1009 Central Ave NW East Grand Forks, MN 56721. e. Up North Pizza Pub located at 314 4th St NW East Grand Forks, MN 56721. 2. Consider approving the grant agreement between the City of East Grand Forks and the Minnesota Pollution Control Agency for Industrial Park Master planning and authorize staff to execute the agreement. ADJOURN: Upcoming Meetings Council Meeting – Tuesday, June 3, 2025 – Council Chambers – 5:00 PM Work Session – Tuesday, June 10, 2025 – Training Room – 5:00 PM Council Meeting – Tuesday, June 17, 2025 – Council Chambers – 5:00 PM Work Session – Tuesday, June 24, 2025 – Training Room – 5:00 PM Individuals with disabilities, language barriers or other needs who plan to attend the meeting and will need special accommodations should contact Nancy Ellis, ADA Coordinator at (218)-773-2208. Please contact us at least 48 hours before the meeting to give our staff adequate time to make arrangements. Also, materials can be provided in alternative formats for people with disabilities or with limited English proficiency (LEP) by contacting the ADA Coordinator (218)-773-2208 five (5) days prior to the meeting. 2  Work Session AGENDA ITEM # _1_____ Request for Council Action Date: May 12, 2025 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council Members Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Cc: File From: Michael S. Hedlund – Chief of Police RE: Draft Ordinance – Illegal Camping _____________________________________________________________________________________________________________ Background: Periodically the East Grand Forks Police Department deals with situations where people are engaging in unauthorized “camping” in areas (both public and private) that are not designated as a camping area. At times these people are involved in a variety of actions that disturb the public or have a negative impact on the community including, but not limited to, excessive noise, littering and disorderly conduct. East Grand Forks city staff have discussed this issue for quite some time and a draft ordinance has been developed that will address this “Illegal Camping”. Recommendation: That the East Grand Forks City Council approve the draft ordinance regarding “Illegal Camping” and in doing so authorize the East Grand Forks Police Department to take enforcement action, when necessary, to stop such activity from occurring. Budgetary Impact: None Enclosure(s): Draft Ordinance on “Illegal Camping” 3  ORDINANCE NO. 4th SERIES AN ORDINANCE OF THE CITY OF EAST GRAND FORKS, MINNESOTA, AMENDING CITY CODE CHAPTER 98: BY ADDING SECTION 98.60 CONCERNING ILLEGAL CAMPING WITHIN THE EAST GRAND FORKS CITY LIMITS AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF EAST GRAND FORKS DOES ORDAIN AS FOLLOWS: SECTION 1: The East Grand Forks City Code is amended to include the following: Sec. 98.60. – Illegal Camping. (A) Purpose. It shall be the purpose of this section to restrict camping in areas not designed or designated for that purpose to prevent risks to public health and sanitation of the community and harm to the aesthetics of the community by preventing nonconsensual use of public and private property as living space. (B) Definitions. (1)”Illegal Camping” shall mean the use of land to conduct one or more specified activities when, based upon such use, it reasonably appears considering all the circumstances that the participants, in conducting the specified activities, are using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may be engaging. Illegal camping shall not include residing in a permanent structure that may be lawfully occupied as a permanent or temporary structure or in a designated camping area. (2) “Specified activities” shall include: a. sleeping or making preparations to sleep such as laying down bedding. b. storing personal belongings including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar materials. c. making any fire for the purpose of warmth or cooking. d. erecting a tent, lean-to or other similar temporary structure. e. parking a motor vehicle in a city park or public parking lot overnight. (C) Unlawful. It shall be illegal to engage in illegal camping on public or private property without the consent of the City of East Grand Forks or the consent of the property’s owner. (1) Any person camping unlawfully shall vacate and remove all belongings from the public property immediately upon instruction by the enforcement officer unless a longer period is provided by a posted notice. After notice has been given to vacate a campsite and the allotted time has 1 4  expired, the City or its contractor shall remove the campsite, all camp facilities and camp paraphernalia as the same has been deemed a public nuisance. a. All unclaimed personal property with apparent value or utility will be stored for 60 days as required by East Grand Forks City Code § 94.01 (A). b. All unclaimed items that have no apparent utility or value, are in an unsanitary condition, or present an immediate hazard or danger, may be immediately discarded upon removal of individuals from the campsite. c. Any personal property that remains unclaimed for 60 days after the campsite cleanup may be disposed of in accordance with East Grand Forks City Code § 94.01 (C). d. Weapons, drug paraphernalia, and items which reasonably appear to be evidence of a crime may be retained and/or disposed of by the police department in accordance with the department's written policies and procedures. (2) In addition to any other penalties that may be imposed, any campsite used in a manner not authorized by this Article, or other provisions of this code shall constitute a public nuisance and may be abated as such. (3) Enforcement of provisions of this section may be suspended by resolution of the City Council. (D). Penalty Upon conviction for a violation of this section, the violator shall be fined in an amount not to exceed $1,000.00 or sentenced to a jail term not to exceed 90 days, or both. SECTION 2. City Code Chapter 10 entitled "General Provisions” applicable to entire city code including penalty for violation and Section 10.99 entitled "General Penalty" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication and be given the Number , 4th Series. VOTING AYE: VOTING NAY: ABSENT: The President declared the Ordinance passed. ATTEST: PASSED: , 2025 2 5 City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing Ordinance this _____ day of 2025. Mayor 3 6  AGENDA # _2_______ Request for Council Action Date: May 27,2025 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council Members: Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Cc: File From: Reid Huttunen, City Administrator Jeremy King, Parks & Recreation Superintendent RE: Draft Ordinance – Public Conduct in Parks Background: The Parks & Recreation Department and Police Department have had to deal with instances where people have engaged in poor conduct within our City’s Parks and Open Spaces, such as off-roading, vandalism (graffiti, damage to park property/equipment, etc.) or loitering in parks late into the night. City Staff including the Police Chief and Parks & Recreation Superintendent have discussed the enforcement of these issues. The lack of an ordinance that specifically sets the expectations for conduct within our parks, including limiting the hours of use makes enforcement more difficult. By setting an ordinance for “Public Conduct in Parks” the City will have better ability to enforce issues as they arise. The drafted ordinance sets the hours of Public Parks as being open for use between the hours of 5:00 a.m. to 11:00 p.m., unless otherwise posted within a specific park. The listed hours match the open hours of the Greenway Trail system, as set by our Greenway Ordinance No. 30 – 4th Series. The drafted ordinance also makes operating a motor vehicle illegal, unless operated on a designated park road or parking lot. Budget Impact: None Recommendation: Approve the Public Conduct in Parks Ordinance as drafted and in doing so authorize the East Grand Forks Police Department to take enforcement action, when necessary. Enclosures: Draft Ordinance on “Public Conduct in Parks” 7  ORDINANCE NO. 4th SERIES AN ORDINANCE OF THE CITY OF EAST GRAND FORKS, MINNESOTA, AMENDING CITY CODE CHAPTER 90: BY ADDING SECTION 90.20 THROUGH 90.28 CONCERNING PUBLIC CONDUCT IN PARKS WITHIN THE EAST GRAND FORKS CITY LIMITS AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 10 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF EAST GRAND FORKS DOES ORDAIN AS FOLLOWS: SECTION 1: The East Grand Forks City Code is amended to include the following: Sec. 90.20 – PUBLIC CONDUCT IN PARKS. A. Findings. The city council has determined that regulation of the use of public park property is necessary to protect health and safety of persons and property within the city. B. Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Public place of interest: means any parcel of land in the city now or hereafter owned or controlled by the city, including public parks Public park: means any public land provided by the city for the purposes of public recreation, play, enjoyment or assembly including any structures located therein. Sec.90.21-Linmitation of hours of use. It shall be unlawful for any unauthorized person or organization to use or occupy any public place of interest in the city between the hours of 11:00 p.m. and 5:00 a.m. or as further restricted by section 90.22. Sec. 90.22 Posting of hours. Hours as posted. The failure to post, or the failure to replace defaced or damaged postings, shall not limit the applicability of this chapter. Where hours are not posted, all public places of interest shall be closed to public use between 11:00 p.m. and 5:00 a.m. Sec. 90.23 Special Permit. Events in the park that require application for a special permit 1. Any event that serves alcohol. 2. Any event that expects over 100 people. 3. Any event that extends after normal park hours. 4. Any event that includes erecting temporary structures. 5. Any event that affects traffic or parking. Sec. 90.24 Reservation of park shelters. Park shelters shall be available to all people on a first come, first served basis except when a permit has been granted by the city. 1 8 Sec 90.25 Fires in public places of interest. All fires are prohibited except for recreational firers in: 1. City designated fire rings. 2. Grills. Sec. 90.26 Motor Vehicles. No Person shall operate a motor vehicle except on designated park roads and in parking lots. Sec. 90.27 Leashing of dogs. Refer to Chapter 95 Animals 95.01 Running at large prohibited. Sec.90.28 Penalty. Any person or organization that violates any provision of this chapter is guilty of a misdemeanor. SECTION 2. City Code Chapter 10 entitled "General Provisions” applicable to entire city code including penalty for violation and Section 10.99 entitled "General Penalty" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 3. This ordinance shall take effect and be in force from and after its passage and publication and be given the Number , 4th Series. VOTING AYE: VOTING NAY: ABSENT: The President declared the Ordinance passed. ATTEST: PASSED: , 2025. City Administrator/Clerk-Treasurer President of Council I hereby approve the foregoing Ordinance this _____ day of 2025. Mayor 2 9  AGENDA # _3_______ Request for Council Action Date: May 27, 2025 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council Members: Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Cc: File From: Reid Huttunen, City Administrator RE: Midco Franchise Agreement – In-Kind Cable Services Background: As part of Midco’s Franchise Agreement for cable services, Midco is obligated to provide free (“in- kind”) services to public buildings. An August 2019, the FCC issued Order 621, which concluded that “franchise terms that require free or discounted cable service to public buildings are franchise fees” and that the cost of those services must count toward the franchise fees paid by providers. The Franchise Agreement between Midco and the City is set at the federal statutory cap of 5%, so all free services required under the agreement must be deducted from the franchise fees paid by Midco to the City OR such services must be removed from the agreement in order to remain below the federal franchise cap. Current properties which receive Free Cable Service are the following: City Owned Buildings Non-City Buildings - Police Department ISD 595 Schools - Fire Station 1 & 2 Sacred Heart Schools - Civic Center Riverside Christian School In updating the agreement, the City has a couple of options for its cable service. 1. Leave City-Buildings Basic Cable Service in the agreement and have the cost of cable service deducted from the Franchise Fee paid by Midco to the City. In this approach, the cost of cable service can be reduced by 30% off Midco’s market rate. a. Estimated Cost: Market Rate = $4,300 annually/Reduced by 30% = $3,010 annually 2. Remove Basic Cable service from the agreement and have the City/Departments contract directly with a cable TV/streaming provider of their choice. a. Cost To Be Determined based on service and locations. Non-City Buildings: In receiving this notice, I’ve notified the School Districts affected by the change and shared contact information with them to work directly with Midco on contracting their Cable TV service needs. 10  AGENDA # ________ Budget Impact: Midco cable franchise revenue is budgeted at $108,000 for 2025. 2024 revenue was $108,025.45. Current cable service provided for free by the Midco agreement is estimated at an annual cost of $7,660.80. Recommendation: Seeking direction from City Council on approach to Cable Services in City Buildings. Enclosures: Letter from Midco regarding Franchise Fees and In-Kind Services Summary of City properties currently receiving In-Kind Cable Services 11 12 13 14  Current In-Kind Cable Services provided by Midco per Franchise Agreement Acct Nbr 1557892-01 THE CIVIC CENTER Units MRC Total BASIC CABLE 1 $ 83.00 $ 83.00 HD DIGITAL ADAPTER MONTHLY LEASE 5 $ 3.00 $ 15.00 LOCAL BROADCAST RETRANSMISSION FEE 1 $ 27.80 $ 27.80 FCC FEE 1 $ 0.08 $ 0.08 Total $ 125.88 Acct Nbr 4026110-01 EAST GRAND FORKS PARKS DEPT; 929 5th Ave NE Units MRC Total BASIC CABLE 1 $ 83.00 $ 83.00 DIGITAL ADAPTER MONTHLY LEASE 2 $ 3.00 $ 6.00 HD DIGITAL ADAPTER MONTHLY LEASE 6 $ 3.00 $ 18.00 LOCAL BROADCAST RETRANSMISSION FEE 1 $ 27.80 $ 27.80 FCC FEE 1 $ 0.08 $ 0.08 Total $ 134.88 Acct Nbr 4024970-03 EGF POLICE DEPT Units MRC Total BASIC CABLE 1 $ 83.00 $ 83.00 HD DIGITAL ADAPTER MONTHLY LEASE 6 $ 3.00 $ 18.00 LOCAL BROADCAST RETRANSMISSION FEE 1 $ 27.80 $ 27.80 FCC FEE 1 $ 0.08 $ 0.08 Total $ 128.88 Acct Nbr 4027050-01 EAST GRAND FORKS FIRE DEPT Units MRC Total BASIC CABLE 1 $ 83.00 $ 83.00 HD DIGITAL ADAPTER MONTHLY LEASE 7 $ 3.00 $ 21.00 LOCAL BROADCAST RETRANSMISSION FEE 1 $ 27.80 $ 27.80 FCC FEE 1 $ 0.08 $ 0.08 Total $ 131.88 Acct Nbr 4027705-01 EGF FIREDEPT2 Units MRC Total BASIC CABLE 1 $ 83.00 $ 83.00 DIGITAL ADAPTER MONTHLY LEASE 1 $ 3.00 $ 3.00 HD DIGITAL ADAPTER MONTHLY LEASE 1 $ 3.00 $ 3.00 LOCAL BROADCAST RETRANSMISSION FEE 1 $ 27.80 $ 27.80 FCC FEE 1 $ 0.08 $ 0.08 Total $ 116.88 Total Monthly $ 638.40 Total Annual $ 7,660.80 15  AGENDA # _4_______ Request for Council Action Date: May 27, 2025 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council Members: Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Cc: File From: Reid Huttunen, City Administrator RE: Minnesota Capital Budget Bonding Requests Background: The Minnesota Management & Budget Office has opened its 2026 Capital Bonding requests and applications are due June 13, 2025. City Staff are seeking direction from City Council on your interest in submitting a capital bonding request, and if yes, do you have a desired project to submit? In recent Legislative sessions, the highest priority for bonding projects has been placed on taking care of aging infrastructure, such as streets, stormwater management and wastewater lines. MN Budget Management recommends that a local project requesting bonding be supported by 50% local matching funds. Potential Project: Industrial Park Road Staff recommendation for a 2026 Bonding Request is the Street & Utility Reconstruction within Industrial Park. Widseth has developed Engineers Estimates of Costs for the following segments of the street: PROJECT ELEMENT TOTAL PROJECT ESTIMATE (01/17/2025) - 10th St NE (5th Ave to 11th Ave) $2,154,000.00 (2023 MPO S&H Plan) th th th - 10 St NE Reconstruction from 11 Ave to 15 Ave: $2,128,922.90 - 10th ST NE Extentsion (15th Ave, 1100’ East): $1,063,450.70 - 11th Ave SE (10th St NE to Highway 2): $1,614,267.20 th th - Hwy 2 Frontage Road (11 Ave to 15 Ave): $2,199,671.50 TOTAL PROJECT ESTIMATE $9,160,312.10 Note: To date, Widseth has not reviewed and developed an Engineers Estimate for the section of 10th St NE between 5th Ave & 11th Ave. The above estimate is referenced from the 2050 MPO Street & Highway Plan. If the City Council desires to move forward with a Bonding request, an updated estimate will be developed. Budget Impact: To Be Determined Recommendation: Requesting discussion and direction. If a Capital Bonding request is directed by City Council, a resolution of support will be drafted for consideration at the June 3, 2025 Council Meeting. Enclosures: Industrial Park Condition Evaluation from 2050 Street & Highway Plan Engineers Estimates of Street/Utility Reconstruction 16  GRAND FORKS-EAST GRAND FORKS MPO—STREET AND HIGHWAY PLAN UPDATE necessary to understand the Industrial Park needs in East Grand Forks Industrial Park relationship to the overall planning needs of the City through the Street and Highway planning process. This allowed city Subarea Evaluation staff and the study team to prioritize Industrial Park projects in relationship to city-wide projects identified for implementation as part of the Street and Highway Plan. Background A priority for the City of East Grand Forks and its residents has Supporting Workshops and Discussions been to improve the condition of the street network in the A series of workshops and discussions were held to support Industrial Park south of Gateway Drive / U.S. 2 and east of 5th this effort, facilitated by the MPO and Street and Highway Ave NE to support efficient and safe access for existing and plan team. These conversations included: future businesses in the park. The evaluation was based on discussions with staff from the City of East Grand Forks and • A workshop with City staff on January 20, 2023 that analysis to support the overall Street and Highway Plan. The focused on the overall Industrial Park street needs and Industrial Park subarea evaluation focused on: development issues in the area. A summary of the issues is provided in Figure 1. • Identifying needs of existing paved streets in the • A discussion with MnDOT and City staff on April 12, Industrial Park, including potential reconstruction and 2023 talked about state funding opportunities and maintenance work to support access to current expectations for the fiscally-constrained elements of businesses and future development areas. the Street and Highway Plan. • Identifying needs of existing gravel roads in the • A workshop with City staff on August 21, 2023 that Industrial Park that might need to be paved and focused on reviewing project needs across the city in improved to urban street standards to support existing relation to the list of project needs identified within the businesses and future development areas. Industrial Park. This project worked on evaluating • Identifying needs for future streets that could be needs, community-focused transportation goals, and constructed in currently unimproved corridors to prioritizing project timing according to funding support existing businesses and future development availability. areas. In addition to developing this overall framework for street network needs and projects for the Industrial Park, it was 17 1 GRAND FORKS-EAST GRAND FORKS MPO—STREET AND HIGHWAY PLAN UPDATE Figure 1. Issues Identified at Industrial Park 18 2  GRAND FORKS-EAST GRAND FORKS MPO—STREET AND HIGHWAY PLAN UPDATE Initial Planning Framework Based on the needs identified and anticipated development opportunities to define a potential street network were identified. The general street network looked at existing street needs and those potential development areas and identified a list of improvement strategies required to address the needs in the Industrial Park. The set of project alternatives identified for the Industrial Park are shown in Figure 2. The figure shows several new potential street alignments in the study area. It should be noted that these are conceptual in nature, and more detailed alignments would be determined at the time of development platting. 19 3  GRAND FORKS-EAST GRAND FORKS MPO—STREET AND HIGHWAY PLAN UPDATE Figure 2. Potential Industrial Park Future Network 20 4  GRAND FORKS-EAST GRAND FORKS MPO—STREET AND HIGHWAY PLAN UPDATE The time bands associated with the projects are: Industrial Park Project Priorities MPO staff and the Street and Highway team then worked with • Short Term Fiscally-Constrained (2028–2032) the City staff to review the needs identified in the Industrial • Mid Term Fiscally-Constrained (2033–2041) Park, the overall needs for street projects in East Grand Forks, • Long Term Fiscally-Constrained (2042–2050) and overall funding levels that are available in the city to • Illustrative projects are those considered priorities to identify a list of priorities and which time periods they fit complete but do not have funding currently identified within. Figure 3 shows the project priorities. • Long Term Alternatives are those projects that would be considered in the future if development occurs and associated funding is identified. 21 5 GRAND FORKS-EAST GRAND FORKS MPO—STREET AND HIGHWAY PLAN UPDATE Figure 3. Identified Industrial Park Project Priorities 22 6  ENGINEER'S ESTIMATE OF COST 10th ST NE Reconstruction (11th Ave - 15th Ave) Street & Utility Reconstruction East Grand Forks, Mn 1/17/2025 TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Street Reconstruction Estimate (35.34' Total Width) Mobilization Lump Sum 1 $ 100,000.00 $100,000.00 Traffic Control Lump Sum 1 $ 10,000.00 $10,000.00 Storm Drain Inlet Protection Each 10 $ 300.00 $3,000.00 Remove Concrete Pavement Square Yard 7209 $ 7.00 $50,463.00 Remove Concrete Curb & Gutter Linear Feet 3200 $ 7.00 $22,400.00 Remove Concrete Driveway Square Yard 570 $ 15.00 $8,550.00 Common Excavation (P) Cubic Yard 2400 $ 12.00 $28,800.00 Subgrade Preparation Square Yard 7070 $ 3.50 $24,745.00 Geogrid Fabric Square Yard 7070 $ 4.50 $31,815.00 Aggregate Base, Crushed Concrete Cubic Yard 2356 $ 65.00 $153,140.00 Concrete Curb & Gutter, Design B624 Linear Feet 3200 $ 42.00 $134,400.00 8" Non-Reinforced Concrete Pavement Square Yard 5728 $ 90.00 $515,520.00 Reinforcement Bars Pounds 2640 $ 5.00 $13,200.00 7" Reinforced Concrete Driveway Square Yard 570 $ 110.00 $62,700.00 Topsoil Borrow Cubic Yard 500 $ 45.00 $22,500.00 Turf Establishment Square Yard 4590 $ 6.00 $27,540.00 Subtotal Street Reconstruction $1,208,773.00 Storm Sewer Reconstruction Estimate Remove Catch Basin Each 8 $ 800.00 $6,400.00 Remove Storm Sewer Piping Linear Feet 380 $ 32.00 $12,160.00 12" RCP Storm Sewer Piping Linear Feet 380 $ 100.00 $38,000.00 Catch Basin Each 8 $ 3,500.00 $28,000.00 Catch Basin Casting Assembly Each 8 $ 2,000.00 $16,000.00 Storm Sewer Manhole Casting Assemblies Each 6 $ 2,000.00 $12,000.00 6" Perforated Drain Tile Linear Feet 3200 $ 18.00 $57,600.00 Aggregate Pipe Foundation Cubic Yard 50 $ 100.00 $5,000.00 Subtotal Storm Sewer Reconstruction $175,160.00 Sanitary Sewer Reconstruction Remove Manhole LF 45 $100.00 $4,500.00 Remove Sanitary Sewer Piping LF 1700 $8.00 $13,600.00 15" PVC Sanitary Sewer Piping LF 1700 $100.00 $170,000.00 15"x6" Sewer Wye EA 3 $1,000.00 $3,000.00 6" Sewer Lead LF 100 $55.00 $5,500.00 Sewer Televising LF 1700 $3.00 $5,100.00 48" Sanitary Sewer Manhole LF 45 $800.00 $36,000.00 Manhole Casting Assemblies EA 4 $1,500.00 $6,000.00 Aggregate Pipe Foundation (LV) CY 100 $100.00 $10,000.00 Subtotal Sanitary Sewer Construction $253,700.00 Estimated Construction Cost $1,637,633.00 Plans and Specifications (9%) $147,386.97 Staking and Inspection (8%) $131,010.64 Administration and Legal (3%) $49,128.99 Contingencies (10%) $163,763.30 ESTIMATED TOTAL PROJECT COST = $2,128,922.90 23  ENGINEER'S ESTIMATE OF COST 10th ST NE Extension (15th Ave - 1100' East) Street & Utility Reconstruction East Grand Forks, Mn 1/17/2025 TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Street Reconstruction Estimate (35.34' Total Width) Mobilization Lump Sum 1 $ 50,000.00 $50,000.00 Traffic Control Lump Sum 1 $ 2,500.00 $2,500.00 Storm Drain Inlet Protection Each 3 $ 300.00 $900.00 Remove Concrete Driveway Square Yard 220 $ 15.00 $3,300.00 Common Excavation (P) Cubic Yard 4565 $ 12.00 $54,780.00 Subgrade Preparation Square Yard 4564 $ 3.50 $15,974.00 Geogrid Fabric Square Yard 4564 $ 4.50 $20,538.00 Aggregate Base, Crushed Concrete Cubic Yard 1521 $ 65.00 $98,865.00 Concrete Curb & Gutter, Design B624 Linear Feet 2200 $ 42.00 $92,400.00 8" Non-Reinforced Concrete Pavement Square Yard 3667 $ 90.00 $330,030.00 Reinforcement Bars Pounds 1470 $ 5.00 $7,350.00 7" Reinforced Concrete Driveway Square Yard 220 $ 110.00 $24,200.00 Manhole Casting Assemblies Each 2 $ 1,500.00 $3,000.00 Topsoil Borrow Cubic Yard 450 $ 45.00 $20,250.00 Turf Establishment Square Yard 4000 $ 6.00 $24,000.00 Subtotal Street Reconstruction $748,087.00 Storm Sewer Reconstruction Estimate Remove Catch Basin Each 2 $ 800.00 $1,600.00 Remove Storm Sewer Piping Linear Feet 86 $ 32.00 $2,752.00 12" RCP Storm Sewer Piping Linear Feet 50 $ 100.00 $5,000.00 Catch Basin Each 2 $ 3,500.00 $7,000.00 Catch Basin Casting Assembly Each 2 $ 2,000.00 $4,000.00 6" Perforated Drain Tile Linear Feet 2200 $ 18.00 $39,600.00 Aggregate Pipe Foundation Cubic Yard 100 $ 100.00 $10,000.00 Subtotal Storm Sewer Reconstruction $69,952.00 Estimated Construction Cost $818,039.00 Plans and Specifications (9%) $73,623.51 Staking and Inspection (8%) $65,443.12 Administration and Legal (3%) $24,541.17 Contingencies (10%) $81,803.90 ESTIMATED TOTAL PROJECT COST = $1,063,450.70 24  ENGINEER'S ESTIMATE OF COST 11th Ave SE (10th St NE - Highway 2) Street & Utility Reconstruction East Grand Forks, Mn 1/17/2025 TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Street Reconstruction Estimate MOBILIZATION EACH 1 $ 55,000.00 $ 55,000.00 TRAFFIC CONTROL EACH 1 $ 7,500.00 $ 7,500.00 STORM DRAIN INLET PROTECTION EACH 8 $ 300.00 $ 2,400.00 REMOVE CONCRETE PAVEMENT (40') SQ YD 6305 $ 7.00 $ 44,135.00 REMOVE CONCRETE DRIVEWAY SQ YD 296 $ 15.00 $ 4,440.00 REMOVE BITUMINOUS DRIVEWAY SQ YD 30 $ 50.00 $ 1,500.00 REMOVE CONCRETE CURB & GUTTER LIN FT 2646 $ 7.00 $ 18,522.00 COMMON EXCAVATION CU YD 2250 $ 12.00 $ 27,000.00 SUBGRADE PREPARATION SQ YD 6722 $ 3.50 $ 23,527.00 GEOGRID FABRIC SQ YD 6140 $ 4.50 $ 27,630.00 AGGREGATE BASE (10") CU YD 1890 $ 65.00 $ 122,850.00 8" NON REINFORCED CONCRETE PAVEMENT (35.66') SQ YD 5169 $ 90.00 $ 465,210.00 CONCRETE CURB & GUTTER, B624 LIN FT 2485 $ 42.00 $ 104,370.00 6" CONCRETE DRIVEWAY SQ YD 326 $ 110.00 $ 35,860.00 TURF ESTABLISHMENT SQ YD 6000 $ 6.00 $ 36,000.00 Subtotal Street Reconstruction $ 975,944.00 Storm Sewer Reconstruction Estimate REMOVE CATCH BASIN EACH 3 $ 800.00 $ 2,400.00 REMOVE STORM SEWER LIN FT 430 $ 32.00 $ 13,760.00 4" PERFORATED DRAIN TILE LIN FT 2561 $ 15.00 $ 38,415.00 AGGREGATE PIPE FOUNDATION CU YD 75 $ 100.00 $ 7,500.00 CATCH BASIN Each 3 $ 3,500.00 $10,500.00 CATCH BASIN CASTING ASSEMBLY Each 3 $ 2,000.00 $6,000.00 12" RCP STORM SEWER PIPING LIN FT 430 $ 100.00 $ 43,000.00 COMPACTION TESTS EACH 5 $ 100.00 $ 500.00 Subtotal Storm Sewer Reconstruction $122,075.00 Sanitary Sewer Reconstruction REMOVE SANITARY SEWER MANHOLE EACH 3 $ 1,000.00 $ 3,000.00 REMOVE SANITARY SEWER LIN FT 975 $ 8.00 $ 7,800.00 6" SEWER LEAD LIN FT 240 $ 55.00 $ 13,200.00 8"x6" SEWER WYE EACH 6 $ 800.00 $ 4,800.00 SEWER TELEVISING LIN FT 975 $ 3.00 $ 2,925.00 CONSTRUCT SANITARY MANHOLE LIN FT 30 $ 800.00 $ 24,000.00 8" PVC SANITARY SEWER LIN FT 975 $ 80.00 $ 78,000.00 15" PVC SANITARY SEWER LIN FT 20 $ 150.00 $ 3,000.00 15" TRANSITION COUPLING EACH 2 $ 1,000.00 $ 2,000.00 MANHOLE CASTING ASSEMBLIES EACH 3 $ 1,500.00 $ 4,500.00 COMPACTION TESTS EACH 5 $ 100.00 $ 500.00 Subtotal Sanitary Sewer Construction $143,725.00 Estimated Construction Cost $1,241,744.00 Plans and Specifications (9%) $111,756.96 Staking and Inspection (8%) $99,339.52 Administration and Legal (3%) $37,252.32 Contingencies (10%) $124,174.40 ESTIMATED TOTAL PROJECT COST = $1,614,267.20 25  ENGINEER'S ESTIMATE OF COST Highway 2 Frontage Road (11th Ave - 15th Ave NE) Street & Utility Reconstruction East Grand Forks, Mn 1/17/2025 TOTAL DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT Street Reconstruction Estimate MOBILIZATION EACH 1 $ 75,000.00 $ 75,000.00 TRAFFIC CONTROL EACH 1 $ 7,500.00 $ 7,500.00 STORM DRAIN INLET PROTECTION EACH 8 $ 300.00 $ 2,400.00 REMOVE CONCRETE PAVEMENT (36') SQ YD 7202 $ 7.00 $ 50,414.00 REMOVE CONCRETE DRIVEWAY SQ YD 327 $ 15.00 $ 4,905.00 REMOVE CONCRETE CURB & GUTTER LIN FT 3500 $ 7.00 $ 24,500.00 COMMON EXCAVATION CU YD 2273 $ 12.00 $ 27,276.00 SUBGRADE PREPARATION SQ YD 8869 $ 3.50 $ 31,041.50 GEOGRID FABRIC SQ YD 8869 $ 4.50 $ 39,910.50 AGGREGATE BASE (10") CU YD 2464 $ 65.00 $ 160,160.00 4" PERFORATED DRAIN TILE LIN FT 3500 $ 15.00 $ 52,500.00 8" NON REINFORCED CONCRETE PAVEMENT (36') SQ YD 7202 $ 90.00 $ 648,180.00 CONCRETE CURB & GUTTER, B624 LIN FT 3500 $ 42.00 $ 147,000.00 6" CONCRETE DRIVEWAY SQ YD 448 $ 110.00 $ 49,280.00 TURF ESTABLISHMENT SQ YD 4700 $ 6.00 $ 28,200.00 Subtotal Street Reconstruction $ 1,348,267.00 Storm Sewer Reconstruction Estimate REMOVE CATCH BASIN EACH 6 $ 1,200.00 $ 7,200.00 REMOVE STORM SEWER LIN FT 1684 $ 32.00 $ 53,888.00 AGGREGATE PIPE FOUNDATION CU YD 100 $ 100.00 $ 10,000.00 CATCH BASIN Each 6 $ 3,500.00 $ 21,000.00 CATCH BASIN CASTING ASSEMBLY Each 6 $ 2,000.00 $ 12,000.00 12" RCP STORM SEWER PIPING LIN FT 134 $ 100.00 $ 13,400.00 15" RCP STORM SEWER PIPING LIN FT 750 $ 125.00 $ 93,750.00 18" RCP STORM SEWER PIPING LIN FT 800 $ 150.00 $ 120,000.00 60" Storm Sewer Manhole LIN FT 33 $ 350.00 $ 11,550.00 COMPACTION TESTS EACH 10 $ 100.00 $ 1,000.00 Subtotal Storm Sewer Reconstruction $343,788.00 Estimated Construction Cost $1,692,055.00 Plans and Specifications (9%) $152,284.95 Staking and Inspection (8%) $135,364.40 Administration and Legal (3%) $50,761.65 Contingencies (10%) $169,205.50 ESTIMATED TOTAL PROJECT COST = $2,199,671.50 26  AGENDA ITEM #_5______ Request for Council Action Date: 5/23/2025 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council Members Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Cc: File From: Jason Stordahl-Public Works Director RE: Rate Increase – Residential Refuse Background: The City currently offers residents curbside collection of refuse & recycling, Green Site drop off for recycling & yard wastes, spring & fall clean-up events, as well as two hazardous waste & electronic drop-off events. Council has kept rates for these services as low as possible, with the last rate increase taking place in 2015. Due to annual increases in both landfill fees and contracted refuse/recycling collections services the Enterprise Fund balance is being depleted and there is a need to increase rates. The City Administrator, Finance Director and I did a thorough analysis of the refuse enterprise fund and related services. We will bring our findings to the next Work Session for discussion. Recommendation: Consider increasing rates for residential refuse services. -1- 27  Special Meeting #1 �. ., Minnesota Department of Public Safety Alcohol & Gambling Enforcement Division (\\'"+--'<-')\ 445 Minnesota Street, 1600 St Paul, Minnesota 55101 651-201-7507 ., . ,.,,... RENEWAL OF LIQUOR , WINE, CLUB OR 3.2% LICENSES No license will be approve or released until the $20 Retailer ID Card fee is received by Alcohol and Gambling Enforcement Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S.3 to report any license cancellation. License Code: ONSS License Period Ending: 6/30/2025 Iden: 35909 Issuing Authority: East Grand Forks Licensee Name: El Azteca of East Grand Forks Inc. Trade Name: Casa Mexico Restaurant Address: 112 14th St NE East Grand Forks, MN 56721 Business Phone: 2187734331 License Fees: Off Sale: $0.00 On Sale: $3,800.00 Sunday: $200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. AppUcant's sjqnatyre on this renewal confirms the following: Fanure to report any of the foUowjng may resul t in civil p enalties. 1. Licensee confirms it has no interest whatsoever, directly or Indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred. please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period.Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 In cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability.(3.2 liquor licenses are exempt If sales a�e less than $25,000 at on sale, or $50,000 at off sale). -· ·' ���. ,, .�,�✓ Llcensee Signattfre ��..4-"-"-­ (Signature certifies all above inf ormation to be correct and license has bee City Clerk/Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only(Signature certifies licensee is eligible for license). Police/Sheriff Signature Date Signature certifies licensee or associates have been checked for any state/local liquor law violations (criminal/civil) during the past five years. Report violations on back, then sign here. 28 29 30 31 32  AGENDA # _2_______ Request for Council Action Date: May 27, 2025 To: East Grand Forks City Council Mayor Mark Olstad, Council President Brian Larson, Council Vice-President Tim Riopelle, Council Members: Tami Schumacher, Ben Pokrzywinski, Dale Helms, Donald Casmey, and Karen Peterson. Cc: File From: Reid Huttunen, City Administrator RE: Authorize City Administrator to sign Grant Agreement with State of Minnesota, Minnesota Pollution Control Agency for Industrial Park planning grant Background: The City has applied for and successfully been awarded a 100% matching grant in the amount of $87,890.00 from the Minnesota Pollution Control Agency for the purpose of Industrial Park Stormwater Planning. Work planned with the funding provided by this grant includes the following: - Review of existing sanitary and stormwater system - Stormwater Modeling of existing infrastructure - Stormwater modeling for future development, including potential expansion of industrial park. - Report of Feasibility for existing and future expansion areas of industrial park infrastructure Stormwater modeling and plans funded by this grant are often required documents in the application for construction project grants offered by the State of Minnesota. Having these documents completed and ready should help us be more prepared for future infrastructure construction grants, when they come available. Project study will take place in summer of 2025. All project funds must be spent and completed by April 30, 2026. Recommendation: Authorize the City Administrator to sign the Grant Agreement with the State of Minnesota for Industrial Park Master Planning. Enclosures: Grant Agreement with State of Minnesota, Minnesota Pollution Control Agency 33 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B Grant Agreement State of Minnesota SWIFT Number: 266075 AI: 153621 Activity ID: PRO20250001 This grant agreement is between the state of Minnesota, acting through its Commissioner of the Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155-4194 (“MPCA” or “State”), and City of East Grand Forks, 600 Demers Avenue, East Grand Forks, Minnesota 56721‐1840 ("Grantee"). Recitals 1. Under Minn. Stat. § 116.03, subd. 2, the State is empowered to enter into this grant. 2. The State is in need of the East Grand Forks Industrial Park Master Planning (project). 3. Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, subd. 4(a)(1). 4. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. Pursuant to Minn. Stat. § 16B.98, subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Agreement 1. Term of Grant Agreement 1.1 Effective Date: May 22, 2025, Per Minn. Stat.§16B.98, subd. 5, the Grantee must not begin work until this grant contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn. Stat. § 16B.98, subd. 7, no payments will be made to the Grantee until this grant agreement is fully executed. 1.2 Expiration Date: April 30, 2026, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant agreement: Indemnification; State Audits; Government Data Practices and Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. 2. Grantee’s Duties The Grantee, who is not a state employee, will perform the duties specified in Attachment A, which is attached and incorporated into this grant agreement. 3. Time The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement, time is of the essence. 4. Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant agreement as follows: (a) Compensation. The Grantee will be paid according to the breakdown of costs contained in Attachment A, which is attached and incorporated into this grant agreement. 1 34 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B (b) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant agreement will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant agreement will not exceed $87,890.00 (Eighty Seven Thousand Eight Hundred Ninety Dollars and Zero Cents). 4.2 Payment (a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State’s Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: upon completion of services. The MPCA shall withhold a minimum of 10% (ten percent) of the grant award, until the MPCA is satisfied that the project has been completed according to the terms of this grant agreement, including expenditure or performance of all required match. Email updates about the status of the project are required to be provided to the MPCA Authorized Representative whenever an invoice is submitted to MPCA Accounts Payable. The MPCA Authorized Representative will not approve an invoice through the state system without this project update. Invoices must be emailed to mpca.ap@state.mn.us, and contain the following information: • Name of Grantee • Grantee project manager • Project grant amount • Invoice number • Invoice date • MPCA project manager • SWIFT Number • Invoicing period (actual working period) • Consultant costs; invoices may be requested • Time breakdown of invoice. Amount billed to date for work, including itemization of actual hourly rates • Itemized per diem expenses; receipts may be requested to be submitted with invoice • Other items as requested If there is a problem with submitting an invoice electronically, please contact the Accounts Payable Unit at 651-757-2491. The Grantee shall submit an invoice for the final payment within 15 (fifteen) days of the original or amended end date of this grant agreement. The State reserves the right to review submitted invoices after 15 (fifteen) days and make a determination as to payment. (b) Federal funds. Payments under this grant agreement may be made from federal funds obtained by the State through CFA 66.447, Sewer Overflow and Stormwater Reuse Municipal Grant Program. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee’s failure to comply with federal requirements. Additional terms and conditions are located at: https://www.epa.gov/grants/grant-terms-and-conditions (c) The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 2 35 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B 4.3 Contracting and Bidding Requirements Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. (a) For projects that include construction work and have a total project cost of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44; consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals. (b) The grantee must not contract with vendors who are suspended or debarred in Minnesota (found on the Minnesota Department of Administration website at https://mn.gov/admin/osp/government/suspended-debarred/. 5. Conditions of Payment All services provided by the Grantee under this grant agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6. Authorized Representative The State's Authorized Representative is Pamela Foster, 525 Lake Avenue South, Duluth, Minnesota 55802, 218-302-6619, pamela.foster@state.mn.us, or their successor, and has the authority to monitor the Grantee’s performance and to accept the services provided under this agreement. The Grantee’s Authorized Representative is Reid Huttunen, 600 Demers Avenue, East Grand Forks, Minnesota 56721, 218-773-2483, rhuttunen@egf.mn, or their successor. If the Grantee’s Authorized Representative changes at any time during this grant agreement, the Grantee must immediately notify the State. 7. Assignment, Amendments, Change Orders, Waiver, and Grant Agreement complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant agreement, or their successors in office. 7.2 Amendments. Any amendments to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. 7.3 Change Orders. If the State's Project Manager or the Grantee’s Authorized Representative identifies a change needed in the workplan and/or budget, either party may initiate a Change Order using the Change Order Form provided by the MPCA. Change Orders may not delay or jeopardize the success of the Project, alter the overall scope of the Project, increase or decrease the overall amount of the Contract/Agreement, or cause an extension of the term of this Agreement. Major changes require an Amendment rather than a Change Order. The Change Order Form must be approved and signed by the State's Project Manager and the Grantee’s Authorized Representative in advance of doing the work. Documented changes will then become an integral and enforceable part of the Agreement. The MPCA has the sole discretion on the determination of whether a requested change is a Change Order or an Amendment. The state reserves the right to refuse any Change Order requests. 7.4 Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the provision or the State’s right to enforce it. 7.5 Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant agreement, whether written or oral, may be used to bind either party. 3 36 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B 8. Indemnification The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. 9. State Audits Under Minn. Stat. § 16B.98, subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10. Government Data Practices and Intellectual Property 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 10.2 Intellectual Property Rights (a) Intellectual property rights. The State owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant agreement. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant agreement. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant agreement. The Documents shall be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee, at the Grantee’s expense, upon the written request of the State, or upon completion, termination, or cancellation of this grant agreement. To the extent possible, those Works eligible for copyright protection under the United States’ Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. (b) Obligations. (1) Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this grant agreement, the Grantee shall immediately give the State’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure therein. (2) Representation. The Grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State, and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause Liability, the Grantee shall indemnify, defend, to the extent permitted by the Attorney General, and 4 37 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B hold harmless the State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including, but not limited to, attorney fees. If such a claim or action arises or in Grantee’s or the State’s opinion is likely to arise, the Grantee must, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. (3) License. The State hereby grants a limited, no-fee, noncommercial license to the Grantee to enable the Grantee’s employees engaged in research and scholarly pursuits to make, have made, reproduce, modify, distribute, perform, and otherwise use the Works, including Documents, for research activities or to publish in scholarly or professional journals, provided that any existing or future intellectual property rights in the Works or Documents (including patents, licenses, trade or service marks, trade secrets, or copyrights) are not prejudiced or infringed upon, that the Minnesota Data Practices Act is complied with, and that individual rights to privacy are not violated. The Grantee shall indemnify and hold harmless the State for any claim or action based on the Grantee’s use of the Works or Documents under the provisions of Clause 10.2(b)(2). Said license is subject to the State’s publicity and acknowledgement requirements set forth in this grant agreement. The Grantee may reproduce and retain a copy of the Documents for research and academic use. The Grantee is responsible for security of the Grantee’s copy of the Documents. A copy of any articles, materials or documents produced by the Grantee’s employees, in any form, using or derived from the subject matter of this license, shall be promptly delivered without cost to the State. 11. Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12. Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant agreement. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination 14.1 Termination by the State. (a) Without Cause The State may terminate this grant contract agreement without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 5 38 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B (b) With Cause The State may immediately terminate this grant contract agreement if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.2 Termination by the Commissioner of Administration The Commissioner of Administration may immediately and unilaterally cancel this grant contract agreement if further performance under the agreement would not serve agency purposes or is not in the best interest of the State. 14.3 Termination for Insufficient Funding The State may immediately terminate this grant agreement if: (a) Funding is withdrawn by the United States Environmental Protection Agency. (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 15. Data Disclosure Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. To protect Grantee’s personal data, Grantee is strongly encouraged to obtain and use a Minnesota tax identification number. 16. Reporting Requirements Final Report. By the date specified in the project workplan, the Grantee shall submit a final planning and design report to the MPCA, including all project deliverables identified in the workplan, and summation of the following: If the MPCA determines that the information submitted in the Final Report and/or Project Deliverables is inadequate, the Grantee shall prepare and submit additional/corrected information reasonably requested by the MPCA. The Final Report and Project Deliverables shall not be approved by the MPCA and final payment shall not be disbursed unless the Report and Deliverables contains the specified information to the satisfaction of the MPCA. 6 39 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B Signatures Encumbrance Verification Dominic Littleton May 22, 2025 City Administrator Reid Huttunen 7 40 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B Attachment A Workplan and Budget SWIFT Number: 266075 AI: 153621 Activity ID: PRO20250001 Project Title: East Grand Forks Industrial Park Master Planning 1. Project Summary: Organization: City of East Grand Forks Contractor Contact Name: Reid Huttunen Title: City Administrator Address: 600 Demers Avenue East Grand Forks, Minnesota 56721 Phone: 218-773-2483 Email: rhuttunen@egf.mn Minnesota Pollution Control Agency (MPCA) Contact: MPCA Project Manager: Pamela Foster Title: Clean Water Revolving Funds Coordinator Address: 525 Lake Avenue South Duluth, Minnesota 55802 Phone: 218-302-6619 Email: pamela.foster@state.mn.us Project information: Total cost: $87,890.00 Start Date: 05/2025 End Date: 4/30/2026 Brief Project Summary: The City of East Grand Forks is seeking grant funding from the Minnesota Pollution Control Agency to provide planning for infrastructure improvements within the City's industrial park and furthermore, provide master planning for future development of 51 acres of land just to the east of the existing industrial park The project area is the city’s industrial park, which is a vital economic center supporting manufacturing, distribution, and services businesses. This area of the city is an environmental justice area. It also contains important community resources, such as the North Country Food Bank and an inpatient treatment center. Therefore, revitalizing the industrial park is essential for both economic stability and the overall well-being of the community. The existing stormwater and wastewater systems are in poor condition, resulting in frequent flooding and excess inflow/infiltration into the City sanitary sewer system which results in additional cost and expenses for the city, disrupts essential services, and disproportionately impacts vulnerable populations. The scope of this project is to complete a comprehensive review of the city’s existing stormwater system located within the Industrial Park as well as providing master planning for a stormwater system within the 41 Page 1 of 3 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B future industrial park development located to the east of the current industrial park. Work to include hydraulic modeling of the existing stormwater system and stormwater lift station (K-9) and provide master planning of future stormwater infrastructure and stormwater management (ponding, rain gardens, etc.). Televising of the existing sanitary sewer collection system to determine condition of aging piping and verify sources of infiltration/inflow. Televising reports will be valuable in also determining method of improvements whether that is sewer relining and or total replacement. 2. Workplan Detail: Objective 1: Project Planning and Preparation. Task A: The City of East Grand Forks representatives will hold a kickoff meeting with Widseth including the project team. The kickoff meeting will outline the project goals, tasks and project timelines. Objective 2: Review of existing sanitary sewer and stormwater system. Task A: The City of East Grand Forks with Widseth and the project team will review available project records, record drawings, and other available information for the existing storm water system. We will also complete any necessary field visits for verification of accuracy of any plan documents. Task B: The City of East Grand Forks with Widseth and the project team will review all available project records and record drawings for the existing wastewater system. As part of this review, televising of the sanitary sewer system will be completed to determine sources of Inflow or Infiltration into the sanitary sewer system. Review of the sewer televising records will be completed by the Widseth team to determine necessary construction methods for improvement such as sewer relining or total replacement. Objective 3: Survey Verification Task A: Available Light Detection and Ranging (LiDAR) and Geographic Information System (GIS) data will be compiled and reviewed to establish an efficient supplemental field survey scope of work. The survey verification task will include conducting field surveys to gather pertinent information for definition of the existing collection, conveyance and stormwater pumping system. Task B: We will identify any incomplete, missing, and potentially inaccurate information revealed in our records review. Additionally, any supplemental topographic survey work and critical elevations needed for the existing and stormwater modeling efforts will be identified for field acquisition. Objective 4: Stormwater Modeling of existing infrastructure Task A: The City of East Grand Forks with Widseth and the project team will develop a Hydro- Computer Aided Design (CAD) model of the existing stormwater system to provide an accurate evaluation of system performance. This existing condition model will be used to identify system deficiencies including capacity constraints. This effort will include a review of the existing stormwater lift station (K-9), a critical outlet for the improvement area. Task B: The existing condition model will also be used for comparison and contrast with the model development and results. Objective 5: Stormwater Modeling for future development Task A: The City of East Grand Forks with Widseth and the project team will develop a condition Hydro- computer-aided design (CAD) model for future stormwater infrastructure. Updated hydrologic conditions such as the impending release of National Oceanic and Atmospheric Administration (NOAA) Atlas 15 can easily be included in the Hydro- computer-aided design (CAD) modeling sensitivity analysis. This model will include solution concepts and features to including the appropriate sizing of storm sewer system components and piping. This work will include recommended improvements and 42 Page 2 of 3 Docusign Envelope ID: 9AA40F66-279B-4AD5-9EBA-5D1E5A19649B supplemental capacity needs to and from stormwater lift station (K-9). The impact of future developed conditions will be included in this condition modeling effort. Task B: The modeling effort will also be utilized to identify potential stormwater management areas where water quality and attenuation benefits may be realized. Objective 6: Final Report (Report of Feasibility) Task A: The City of East Grand Forks will provide a final report upon completion of the above tasks. The report will include a summary of the stormwater modeling completed for both existing and future development areas along with recommended improvements to the existing system and stormwater infrastructure within the future industrial park expansion area. Detailed cost will be provided for all necessary existing infrastructure improvements as well as future stormwater system expansion costs. With the final report a summary of the finding of the review of sanitary sewer televising reports will also be included along with recommended improvements and costs. 3. Project Budget: Grant Funds Totals Project Budget Objective 1: Project Planning and Preparation. $1,890.00 $1,890.00 Objective 2: Review of existing sanitary sewer and stormwater system including sewer televising $17,450.00 $17,450.00 Objective 3: Survey Verification $4,710.00 $4,710.00 Objective 4: Stormwater Modeling of existing infrastructure $13,740.00 $13,740.00 Objective 5: Stormwater Modeling for future development $39,580.00 $39,580.00 Objective 6: Final Report (Report of Feasibility) $10,520.00 $10,520.00 Total Grant (Not to Exceed) $87,890.00 $87,890.00 43 Page 3 of 3