City of South St. Paul COUNCIL AGENDA Monday, August 19, 2013 7:15 p.m.
(If you use the hearing assistance PA system, please remove your hearing aid so it does not cause a feedback problem.)
1. CALL TO ORDER:
2. ROLL CALL:
3. INVOCATION:
4. PLEDGE OF ALLEGIANCE:
5. PRESENTATIONS:
6. CITIZEN’S COMMENTS (Comments are limited to 3 minutes in length.)
7. AGENDA:
A. Approval of Agenda Action – Motion to Approve Action – Motion to Approve as Amended
8. CONSENT AGENDA:
All items listed on the Consent Agenda are items, which are considered to be routine by the City Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member or citizen so requests, in which event the item will be removed from the consent agenda and considered at the end of the Consent Agenda.
A. City Council Meeting Minutes of August 5, 2013
B. Accounts Payable
C. Accept Letter of Resignation from Officer David Townsend
D. Sewer Service Claim – Settlement Agreement – 932-4th Street North
E. Request for Release of Capital Improvement Funds for Library Carpeting
F. Business Licenses
G. Rental Housing Licenses
H. Gifts and Grants – South St. Paul Lions Club donation for replacement youth football helmets
Page 2 City Council Agenda August 19, 2013
9. PUBLIC HEARINGS:
10. GENERAL BUSINESS:
A. First Reading – Ordinance Amending Peddler and Solicitor’s Licensing
B. Kaposia Landing and McMorrow Field 2013 Master Plans
C. Resolution establishing a bond referendum vote in support of parks and Wakota Civic Arena
D. 2nd Reading – Ordinance Changing Business License Renewal Date
E. Approve Grant Agreement with State of Minnesota for Levee Extension Study and Pre-Design
F. South St. Paul Community Garden IUP – Verderosa Ave. (by the boat launch)
G. Sanimax PUD Amendment – SaniGreen Bioenergy – xxx Verderosa Ave.
H. Kaposia Education Center CUP/Variance – proposed addn./site plan – 1225 1st Ave. S.
I. Lincoln Center CUP Amendment – proposed addition/site plan – 357 9th Ave. N.
J. South St. Paul High School PAC CUP Amendment – addition – 700 2nd St. N.
K. Pomp’s Tire CUP/Site Plan – 575 Hardman Ave. S.
L. Auto Show (Mad Further) at South St. Paul Fleming Field Airport – 1725 Henry Ave.
M. 2nd Reading - Architectural Standards Amendment for salt/sand storage structures
N. City Salt/Sand Storage Structure IUP – 400 Richmond Ave. E.
O. 1st Reading – Rename R-2 District Amendment
P. 1st Reading – ACM panels / Architectural Standards amendment
11. MAYOR AND COUNCIL COMMUNICATIONS:
12. ADJOURNMENT:
Respectfully Submitted,
Stephen P. King, City Administrator This meeting is being taped by Town Square Television (NDC4). Replays can be viewed on Government Channel 19. Replay Times – Friday following Meeting at 1:00 p.m. & 7:00 p.m. 651-451-7834
SOUTH ST. PAUL CITY COUNCIL MINUTES OF AUGUST 5, 2013
The regular meeting of the City Council was called to order by the Mayor Beth Baumann at 7:15 P.M . on Monday, August 5 , 2013.
ROLLCALL:
Present, Mayor Beth Baumann Councilmembers Hansen, Lehmann, Niederkorn, Podgorski, Rothecker, Seaberg
Absent, None
Also Present, Assistant to the City Administrator, Shelly Anderson City Attorney, Tim Kuntz City Clerk, Christy Wilcox City Engineer, John Sachi Assistant to City Engineer, Jenna Fabish
5) Presentations
Jodelle lsta and Billie Conlon gave an update on the "Pill Hill Tour" and wished to thank those that were involved. It was a huge success and raised $3,000.00 to help fund the Restorative Justice activities.
6) Citizens' Comments
There were no citizen comments.
7) Agenda
Moved by Seaberg/Lehmann
MOVED: To approve the agenda.
Motion carried 6 ayesjO nays
8) ConsentAgenda
Moved by Hansen/Seaberg
Resolved, that the South St. Paul City Council does hereby approve the following:
1. City Council meeting minutes of July 15, 2013 2. Resolution No. 2013-133, approving accounts payable 3. Resolution No. 2013-122, concurring with the issuance of a lawful gambling exemption permit for the Church of the Holy Trinity 4. Resolution No. 2013-123, approving residential rental housing licenses 5 . Temporary On-Sale Intoxicating Liquor Licenses to Church of the Holy Trinity for October 25, 26 & 27, 2013, subject to the approval of the security plan by the Police Department
City Council Minutes of August 5, 2013 1 6. Resolution No. 2013-124, concurring with the issuance of a lawful gambling exemption permit for Simley Girls Hockey Booster 7. Change Order #1 for an increase of $9,122.00 to the original contract of $578,420.70 with Bituminous Roadways, Inc. for the 2013 Mill & Overlay and Bituminous Removal & Replacement Projects resulting in a new contract amount of $587,552.70 8. Accept quote for the alley catch basin repairs in various locations from Didion Contracting in the amount of $55,436.65 9. Resolution No. 2013-125, concurring with the issuance of a Minnesota Lawful Gambling application for authorization to conduct excluded bingo for South St. Paul Jaycees 10. Resolution No. 2013-126, accepting bids and approving cleaning services agreement with Advantage Structure Valet 11. Resolution No. 2013-134, accepting Audited Financial Reports for 2012
Motion carried 6 ayesj O nays
9a) Declare Costs and Call for Hearing on Assessments - 2012-006 Alley Improvement
Moved by Rothecker/ Hansen
MOVED: To adopt Resolution No. 2013-127, declaring cots to be assessed and
calling for public hearing for Project 2012-006 - All ey Improvements.
Motion carried 6 ayes/ 0 nays
9b) Declare Costs and Call for Hearing on Assessments - 2013-005 & 007
Moved by Rothecker/ Hansen
MOVED: To adopt Resolution No. 2013-128, declaring costs to be assessed and
calling for public hearing for Project 2013-005 - Mill & Overlay and Project 2013-007 -
Bituminous Removal and Replacement.
Motion carried 6 ayes/ 0 nays
9c) Declare Costs and Call for Hearing on Assessments - Project 2011-001
Moved by Rothecker/ Hansen
MOVED: To adopt Resolution No. 2013-129, declaring costs to be assessed and
calling for public hearing for 2011-00lA - Richmond StreetjHardman Avenue Street
reconstruction.
Motion carried 6 ayes/ 0 nays
City Council Minutes of August 5, 2013 2 10a) 2nd Reading Ordinance- Size of Address Numbers
Moved by Lehmann/Hansen
MOVED: That Ordinance No. 1270, amending Chapter 106, Article 1 of the South St.
Paul City Code of 2007 relating to numbering of houses and buildings is hereby passed and
its publication authorized.
Motion carried 6 ayes/0 nays
** Councilmember Niederkorn took his chair at 7:32 p.m.
10b) Revised Time-of-sale and Rental Guidelines
Moved by PodgorskijRothecker
MOVED: To approve the revised Time-of-Sale Housing Evaluator's Ethic and
Standards and the revised Rental Housing Guidelines dated August 5, 2013.
Motion carried 7 ayes/0 nays
10c) Ordinance Changing Business Renewal Term
Councilmember Rothecker introduced the following proposed ordinance for its first reading:
AN ORDINANCE AMENDING CHAPTER 18, ARTICLE 11 OF THE SOUTH ST. PAUL CITY CODE OF 2007 RELATED TO LICENSING TERMS
10d) Authorize Hiring of Police Clerk
Moved by Lehmann/ Seaberg
MOVED: To authorize the hiring of Catherine Jackson as a part-time Police Clerk in
the Police Department.
Motion carried 7 ayes/0 nays
10e) Southview Boulevard Sidewalk Project- Supplemental Agreements
Moved by PodgorskijNiederkorn
MOVED: To approve Supplemental Agreement #1 for an increase of $9,054.18 to
the revised contract of $463,089.53 with Arnt Construction for 2010-013 Southview
Boulevard Sidewalk Project resulting in a new contract amount of $472,143.71.
Motion carried 7 ayes;o nays
City Council Minutes of August 5, 2013 3 Moved by PodgorskijNiederkorn
MOVED: To approve Supplemental Agreement #2 for an increase of $20,321.52 to
the revised contract of $472,143.71 with Arnt Construction for 2010-013, Southview
Boulevard Sidewalk Project resulting in a new contract amount of $492,465.23.
Motion carried 7 ayes;o nays
Moved by Podgorski/Niederkorn
MOVED: To approve Supplemental Agreement #3 to the revised contract of
$492,465.23 with Arnt Construction for 2010-013, Southview Boulevard Sidewalk Project.
Motion carried 7 ayes/0 nays
10f) Floodwaii/Levee Extension Proposals
Moved by Hansenjlehmann
MOVED: To adopt Resolution No. 2013-130, approving an engineering services
agreement between the City and Barr Engineering for Flood Control System Study.
Motion carried 7 ayes;o nays
10g) Wakota Civic Arena Renovation Design and Capital Projects
Moved by HansenjPodgorski
MOVED: To adopt Resolution No. 2013-132, approving the architectural design and
ca pital projects for the renovation of Wakota Civic Arena.
Motion carried 6 ayes/1 nay (Niederkorn)
10h) Approving Grant Agreement for Airport Maintenance and Operations
Moved by Lehmann/ Rothecker
MOVED: To adopt Resolution No. 2013-131, approving Minnesota Department of
Transportation Grant Agreement for airport maintenance and operation.
Motion carried 7 ayes/0 nays
City Council Minutes of August 5, 2013 4 10i) Approve 2013 Salarv Adjustment for City Administrator
Moved by Hansenjlehmann
MOVED: To approve the 2013 COLA adjustment and salary range adjustment for City
Administrator Stephen P. King effective January 1, 2013.
Motion carried 6 ayes/ 1 nay (Podgorski)
11) Adjournment
Moved by Podgorski/Seaberg
MOVED: That the meeting of the City Council adjourn at 8:52 p.m.
Motion carried 7 ayesjO nays
Approved:
City Clerk
City Council Minutes of August 5, 2013 5 City Council Agenda Report Date: August 19, 2013 Department: Finane~.. -? Administrator: ... Y ~<(
Agenda Item: Accounts Payable
Action to be considered:
Motion to adopt Resolution No. 2013-148, approving accounts payable.
Overview:
The City Council approves all payments of claims. Approval of audited claims is required before issuance of payment.
Source of Funds:
NIA City of South St. Paul Dakota County, Minnesota
Resolution No. 2013-148
WHEREAS, the City Council is required to approve payment of claims;
NOW, THEREFORE, BE IT RESOLVED that the audited claims listed in the check register attachment are hereby approved for payment:
Check and wires: 111623-111771 $ 629,303.39 2013147-2013161 $ 71,290.24
Total $ 700,593.63
Adopted this 19th day of August, 2013.
Christy Wilcox, City Clerk R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 1
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 111623 8/9/2013 1440 FREEDOM SERVICES INC 402.34 15761 080813840363 10101.2179 FLEXIBLE BENEFIT PLAN GENERAL FUND 402.34
111624 8/9/2013 1818 LELS LOCAL 95 1,152.00 15762 080813840364 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 1,152.00
111625 8/9/2013 1842 LOCAL 120 1,276.00 15763 080813840365 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 1,276.00
111626 8/9/2013 1969 MINNESOTA AFSCME, COUNCIL NO. 310.48 15764 080813840366 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 310.48
111627 8/9/2013 1973 MINNESOTA BENEFIT ASSOCIATION 112.71 15765 080813840367 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 112.71
111628 8/9/2013 1978 MINNESOTA CHILD SUPPORT PAYMEN 365.26 15752 0808138403610 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 414.85 15766 080813840368 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 449.93 15767 080813840369 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 1,230.04
111629 8/9/2013 2096 NATIONWIDE RETIREMENT SOLUTION 5,045.00 15755 0808138403613 10101.2175 OTHER RETIREMENT GENERAL FUND 5,045.00
111630 8/9/2013 2200 PERA 36,859.36 15756 0808138403614 10101.2174 PERA GENERAL FUND 36,859.36
111631 8/9/2013 2243 POLICE FLOWER FUND 32.00 15757 0808138403615 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 32.00
111632 8/9/2013 1019 ADVANTAGE 287.55 CLEANING SERVICES - SERV CTR 15772 016308012013 10320.6210 OPERATING SUPPLIES PUBLIC WORKS 2,650.00 CLEANING SERVICES - CITY HALL 15775 011008012013 10330.6210 OPERATING SUPPLIES BUILDINGS 2,937.55 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 2
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit
111633 8/9/2013 1037 AMERICAN MESSAGING 5.28 DUTY PAGER 15768 D2070961NH 10320.6390 POSTAGE AND TELEPHONE PUBLIC WORKS 5.28
111634 8/9/2013 1141 BROCK WHITE COMPANY, LLC 161.05 SUPPLIES FOR SEALCOATING 15769 12319623-00 10320.6221 SEAL COATING & TREE MAIN PUBLIC WORKS 161.05
111635 8/9/2013 1807 CLIFTONLARSONALLEN LLP 136.03 AUDIT SERVICES - 3RD PYMT 15770 678466 20245.6302 PROFESSIONAL SERVICES AIRPORT 160.97 AUDIT SERVICES - 3RD PYMT 15770 678466 20243.6302 PROFESSIONAL SERVICES WAKOTA ARENA FUND 299.27 AUDIT SERVICES - 3RD PYMT 15770 678466 40424.6302 PROFESSIONAL SERVICES 2011 LOCAL IMPROVEMENTS 400.16 AUDIT SERVICES - 3RD PYMT 15770 678466 40423.6302 PROFESSIONAL SERVICES 2010 LOCAL IMPROVEMENTS 433.04 AUDIT SERVICES - 3RD PYMT 15770 678466 40402.6302 PROFESSIONAL SERVICES SPECIAL PROJECTS FUND 702.83 AUDIT SERVICES - 3RD PYMT 15770 678466 60703.6302 PROFESSIONAL SERVICES CENTRAL GARAGE FUND 1,058.79 AUDIT SERVICES - 3RD PYMT 15770 678466 40426.6302 PROFESSIONAL SERVICES 2012 LOCAL IMPROVEMENTS 1,768.42 AUDIT SERVICES - 3RD PYMT 15770 678466 10150.6302 PROFESSIONAL SERVICES FINANCE 2,040.49 AUDIT SERVICES - 3RD PYMT 15770 678466 50600.6302 PROFESSIONAL SERVICES UTILITY ADMINISTRATION 7,000.00
111636 8/9/2013 3456 L'ALLIER ELECTRIC 170.00 REPAIR PHOTO EYE - ARMOUR AVE 15771 4079 50615.6371 REPAIRS & MAINT CONTRACTUAL STREET LIGHT UTILITY 170.00
111637 8/9/2013 2149 OFFICE OF ENTERPRISE TECHNOLOG 215.38 WAN USAGE FOR JUNE 2013 15773 DV13060456 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 215.38 WAN USAGE FOR JULY 2013 15774 DV13070459 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 430.76
111638 8/9/2013 2389 SAINT PAUL PUBLISHING COMPANY 25.00 ADVERTISING IN VOICE 15776 19979 20250.6341 ADVERTISING CENTRAL SQUARE 25.00
111639 8/9/2013 2751 VERIZON WIRELESS 30.09 JOE 15777 9708701450 10420.6390 POSTAGE AND TELEPHONE CODE ENFORCEMENT 33.76 POLICE - 4G MOBILE BROADBAND 15777 9708701450 10210.6390 POSTAGE AND TELEPHONE POLICE PROTECTION 176.83 JENNA & MARK 15777 9708701450 10315.6390 POSTAGE AND TELEPHONE ENGINEERING 225.40 UTILITY 15777 9708701450 50605.6390 POSTAGE AND TELEPHONE WATER UTILITY 466.08
111640 8/16/2013 4690 AT & T MOBILITY R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 3
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,249.82 PHONE/MDC 15748 252013 10210.6390 POSTAGE AND TELEPHONE POLICE PROTECTION 1,249.82
111641 8/16/2013 4116 CHADER BUSINESS EQUIPMENT 380.00 SOFTWARE 15749 9823 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 380.00
111642 8/16/2013 2751 VERIZON WIRELESS 35.01 MDC CHARGES 15750 9708282573 10210.6390 POSTAGE AND TELEPHONE POLICE PROTECTION 35.01
111643 8/19/2013 1016 ACE HARDWARE & PAINT 21.25 SUPPLIES 15778 516857/5 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 45.37 SUPPLIES 15779 516721/5 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 2.13 SUPPLIES 15780 516728/5 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 52.84 SUPPLIES 15781 516847/5 50610.6220 REPAIR & MAINTENANCE SUPPLIES STORM WATER UTILITY 19.22 FLY TRAPS 15833 516821/5 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 69.46 WHEELBARROW 15834 516787/5 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 40.64 ANGLE IRON NITS & BOLTS 15835 516786/5 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 41.66 MISC ITEMS FOR ZAM 15836 516740/5 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 22.43 SAW BLADE 15837 516683/5 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 32.56 PUTTY KNIFES 15838 516896/5 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 20.90 CAULK 15839 516895/5 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 9.60 SUPPLIES 15871 516898/5 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 378.06
111644 8/19/2013 4059 ASCENT AVIATION GROUP, INC. 26,268.36 7500 GALLONS JET A 15782 198010 20245.6250 MERCHANDISE FOR RESALE AIRPORT 26,268.36
111645 8/19/2013 1074 BABYBUG 26.95 SUBSCRIPTION RENEWAL 1 YEAR 15840 8/2/13 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 26.95
111646 8/19/2013 1082 BARNUM GATE SERVICES INC. 424.00 EAST GATE ROLLER REPAIR 15783 14069 20245.6371 REPAIRS & MAINT CONTRACTUAL AIRPORT 424.00
111647 8/19/2013 5037 BEISSEL WINDOW & SIDING 175.00 REPLACE GLASS PANEL IN LOBBY 15841 13-260 20245.6371 REPAIRS & MAINT CONTRACTUAL AIRPORT 175.00 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 4
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 111648 8/19/2013 3285 BINDER HEATING AND AIR CONDITI 8,600.00 REPLACEMENT OF 2 FURNACES 15842 58700 10320.6530 IMPR OTHER THAN BUILDING PUBLIC WORKS 8,600.00
111649 8/19/2013 4907 BLUE TARP FINANCIAL INC 36.38 SUPPLIES 15784 40097 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 36.38
111650 8/19/2013 2872 BLUMENFIELD, MILT 240.00 REIN BC INS 15785 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 240.00
111651 8/19/2013 1129 BOYER FORD TRUCKS INC 265.48 PARTS 16057 767838 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 376.24 PARTS 16058 768314 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 176.11 PARTS 16059 769342 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 182.31- PARTS - CREDIT 16060 767838 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 182.31- PARTS - CREDIT 16061 768314 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 453.21
111652 8/19/2013 1147 BUCHL, WALTER 179.04 REIN VC INS 15786 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 179.04
111653 8/19/2013 3284 BURKE, GLENN 36.80 PUBLIC MEETING FOOD 15966 8/14/13 20245.6331 CONFERENCES, TRAINING, TRAVEL AIRPORT 36.80
111654 8/19/2013 1159 CAPSTONE PRESS, INC. 37.00 CHILDREN BOOKS 15843 CI10327887 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 37.00
111655 8/19/2013 5038 CAVENDISH SQUARE 193.91 CHILDREN BOOKS 15844 3001473 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 193.91
111656 8/19/2013 1176 CEMSTONE PRODUCTS COMPANY 175.89 SUPPLIES 15787 1328057 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 175.89
111657 8/19/2013 1177 CENTRAL IRRIGATION SUPPLY, INC 577.92 SUPPLIES 15788 5040865-00 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 5
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 38.83 SUPPLIES 15789 5041158-00 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 94.46 SUPPLIES 15790 5041014-00 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 711.21
111658 8/19/2013 2287 CENTURYLINK 88.68 WIRE LEASE 612-E12-7172 15791 8/1/13 10330.6390 POSTAGE AND TELEPHONE BUILDINGS 243.56 WIRE LEASE 612-E12-1453 15792 8-1-2013 10330.6390 POSTAGE AND TELEPHONE BUILDINGS 109.71 WIRE LEASE 612-E12-5630 15793 8-/1-/13 10330.6390 POSTAGE AND TELEPHONE BUILDINGS 109.71 WIRE LEASE 612 E12-*5631 15794 8113 10330.6390 POSTAGE AND TELEPHONE BUILDINGS 260.30 WIRE LEASE 612 E06-6412-862 15795 6412 20243.6390 POSTAGE AND TELEPHONE WAKOTA ARENA FUND 811.96
111659 8/19/2013 1184 CINTAS CORPORATION #754 8.23 WWORK SHIRTS 7/31/13 15796 754216473 50606.6245 CLOTHING ALLOWANCE SEWER UTILITY 8.24 WWORK SHIRTS 7/31/13 15796 754216473 50605.6245 CLOTHING ALLOWANCE WATER UTILITY 10.92 WWORK SHIRTS 7/31/13 15796 754216473 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MAINTANCE 20.00 WWORK SHIRTS 7/31/13 15796 754216473 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 27.64 WWORK SHIRTS 7/31/13 15796 754216473 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 8.23 WORK SHIRTS 8/7/13 15797 754218904 50606.6245 CLOTHING ALLOWANCE SEWER UTILITY 8.24 WORK SHIRTS 8/7/13 15797 754218904 50605.6245 CLOTHING ALLOWANCE WATER UTILITY 10.92 WORK SHIRTS 8/7/13 15797 754218904 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MAINTANCE 20.00 WORK SHIRTS 8/7/13 15797 754218904 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 43.67 WORK SHIRTS 8/7/13 15797 754218904 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 8.23 WORK SHIRTS 15872 754221327 50606.6245 CLOTHING ALLOWANCE SEWER UTILITY 8.24 WORK SHIRTS 15872 754221327 50605.6245 CLOTHING ALLOWANCE WATER UTILITY 10.92 WORK SHIRTS 15872 754221327 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MAINTANCE 20.00 WORK SHIRTS 15872 754221327 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 27.64 WORK SHIRTS 15872 754221327 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 241.12
111660 8/19/2013 1192 CITY OF ST. PAUL 668.42 ASPHALT FOR PATCHING 15798 128388 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 1,351.75 ASPHALT FOR WM PATCHING 15798 128388 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 2,020.17
111661 8/19/2013 1807 CLIFTONLARSONALLEN LLP 207.45 AUDIT SERVICES 4TH PAYMENT 15799 692699 20245.6302 PROFESSIONAL SERVICES AIRPORT 245.48 AUDIT SERVICES 4TH PAYMENT 15799 692699 20243.6302 PROFESSIONAL SERVICES WAKOTA ARENA FUND 456.39 AUDIT SERVICES 4TH PAYMENT 15799 692699 40424.6302 PROFESSIONAL SERVICES 2011 LOCAL IMPROVEMENTS 610.25 AUDIT SERVICES 4TH PAYMENT 15799 692699 40423.6302 PROFESSIONAL SERVICES 2010 LOCAL IMPROVEMENTS 660.38 AUDIT SERVICES 4TH PAYMENT 15799 692699 40402.6302 PROFESSIONAL SERVICES SPECIAL PROJECTS FUND 1,071.82 AUDIT SERVICES 4TH PAYMENT 15799 692699 60703.6302 PROFESSIONAL SERVICES CENTRAL GARAGE FUND R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 6
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,614.65 AUDIT SERVICES 4TH PAYMENT 15799 692699 40426.6302 PROFESSIONAL SERVICES 2012 LOCAL IMPROVEMENTS 2,696.84 AUDIT SERVICES 4TH PAYMENT 15799 692699 10150.6302 PROFESSIONAL SERVICES FINANCE 3,111.74 AUDIT SERVICES 4TH PAYMENT 15799 692699 50600.6302 PROFESSIONAL SERVICES UTILITY ADMINISTRATION 10,675.00
111662 8/19/2013 2884 COMCAST 86.95 FOR WATER COMPUTER 15800 8/2/13 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 86.95
111663 8/19/2013 1203 COMMERCIAL ASPHALT CO 284.77 ASPHALT 15801 130731 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 2,171.67 ASPHALT 15801 130731 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 2,456.44
111665 8/19/2013 1206 COMMISSIONER OF TRANSPORTATION 52.90 MN/DOT STANDARD 4 SETS 15802 8/6/13 10315.6210 OPERATING SUPPLIES ENGINEERING 52.90
111666 8/19/2013 3460 CRAFTS 'N THINGS 24.99 SUBSCRIPTION RENEWAL 1 YEAR 15845 8/3/13 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 24.99
111667 8/19/2013 1226 CULLIGAN WATER CONDITIONING 101.90 SALT FOR WATER SOFTENER 15803 8/9/13 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 5.99 WELL #1 15804 7/31/13 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 5.99 WELLS #6 15805 WELL #6 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 235.66 WATER SOFTNER SALT 15806 7-31-13 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 349.54
111668 8/19/2013 1235 DAHL CONSTRUCTION 858.00 WATERMAIN BREAK AT BURMA & REI 15807 13-94 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 973.50 WATERMAIN BREAK THOMPSON & 21 15808 13-93 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 1,831.50
111669 8/19/2013 1238 DAHN CONSTRUCTION CO, LLC 7,395.00 WORK EXCAVATE DITCH 15734 13-86 40424.6530 201101 IMPR OTHER THAN BUILDING 2011 LOCAL IMPROVEMENTS 7,395.00
111670 8/19/2013 1241 DAKOTA COUNTY ATTORNEY'S OFFIC 65.24 FORFEITURE FUNDS 15735 7/31/13 20212.6302 PROFESSIONAL SERVICES GRANTS/DONATIONS POLICE 65.24 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 7
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 111671 8/19/2013 3607 DCA TITLE 545.00 DANNER PROP WORK 15809 25118 10315.6302 PROFESSIONAL SERVICES ENGINEERING 545.00
111672 8/19/2013 1279 DEMCO, INC. 21.63 CLASSIFICATION LABELS 15846 5027574 20230.6201 OFFICE SUPPLIES LIBRARY 21.63
111673 8/19/2013 5039 DOYLE, PAT & ASHLEY 454.00 RETURN BALANCE OF ESCROW 15847 8/12/13 10101.2205 100031 DEPOSITS GENERAL FUND 454.00
111674 8/19/2013 4851 EXPRESS AUTO PARTS 93.05 parts 15905 142317 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 93.05
111675 8/19/2013 1380 FACTORY MOTOR PARTS CO 435.11 PARTS 15873 1/4245700 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 435.11
111676 8/19/2013 4530 FILTRATION SYSTEMS INC 308.63 SUPPLIES 15810 54894 10330.6220 REPAIR & MAINTENANCE SUPPLIES BUILDINGS 308.63
111677 8/19/2013 4725 FIRST SUPPLY LLC - TWIN CITIES 38.41 SUPPLIES 15811 704563-00 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 21.78 SUPPLIES 15812 717767-00 10528.6220 REPAIR & MAINTENANCE SUPPLIES NORTHVIEW POOL 114.81 SUPPLIES 15813 720955-00 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 35.38 SUPPLIES 15814 722696-00 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 210.38
111678 8/19/2013 5005 FOREMOST PROMOTIONS 520.00 17 PENS 15746 209937 10210.6201 OFFICE SUPPLIES POLICE PROTECTION 520.00
111679 8/19/2013 1444 FRONTIER AG & TURF 322.62 PARTS 15815 P47804 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 402.40 PARTS 15816 P47694 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 439.92 SUPPLIES 15817 P48143 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,164.94
111680 8/19/2013 5040 GENEINE PARTS COMPANY-MINNEAPO R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 8
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1.44 PARTS 15848 8/9/13 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1.44
111681 8/19/2013 4323 GENG, DONALD 142.92 HEALTH INS REIN 15818 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 142.92
111682 8/19/2013 1473 GERTEN GREENHOUSES 2 6.41 GRANDVIEW PARK 15736 290284 10530.6210 OPERATING SUPPLIES COMMUNITY AFFAIRS 8.98 SUPPLIES 15819 290605 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 138.62 SUPPLIES 15820 290119 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 64.98 WOVEN FABRIC 15849 291582 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 218.99
111683 8/19/2013 1485 GLOBE PRINTING & OFFICE SUPPLI 258.37 OFFICE SUPPLIES 15737 64407J 50600.6201 OFFICE SUPPLIES UTILITY ADMINISTRATION 258.37
111684 8/19/2013 1497 GOPHER STATE ONE-CALL 155.87 LOCATES - JULY 15821 76136 50606.6302 PROFESSIONAL SERVICES SEWER UTILITY 155.88 LOCATES - JULY 15821 76136 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 311.75
111685 8/19/2013 1505 GRAINGER INC. 144.67 SUPPLIES 15822 9208296021 10330.6220 REPAIR & MAINTENANCE SUPPLIES BUILDINGS 47.90 SUPPLIES 15823 9207922262 10330.6220 REPAIR & MAINTENANCE SUPPLIES BUILDINGS 192.57
111686 8/19/2013 1556 HAWKINS, INC. 2,610.92 HYDROFLUOSILICIC ACID 15824 3497049 RI 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 29.65 SUPPLIES 15825 3497510 RI 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 930.25 SUPPLIES 15826 3497048 RI 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 3,570.82
111687 8/19/2013 1560 HEALTHPARTNERS 389.47- RETRO ADJUSTMENT 15827 44182873 10101.2176 HOSPITALIZATION/MED INSURANCE GENERAL FUND 109,033.11 SEPT, 2013 INSURANCE PREMIUM 15827 44182873 10101.2176 HOSPITALIZATION/MED INSURANCE GENERAL FUND 108,643.64
111688 8/19/2013 1562 HEALTHPARTNERS MEDICAL GROUP 182.00 RANDON FRUG/ALCOHOL SCREEN 15828 300013901 10120.6302 PROFESSIONAL SERVICES CITY ADMINSTRATION 182.00 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 9
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit
111689 8/19/2013 1650 INGRAM LIBRARY SERVICES 32.14 AF ADULT FICTION BOOKS 15972 72513646 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 386.33 AF ADULT FICTION BOOKS 15973 72580241 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 11.96- AF ADULT FICTION BOOKS CREDIT 15974 75297117 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 188.73 AF ADULT FICTION BOOKS 15975 72646585 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 45.17 AF ADULT FICTION BOOKS 15976 72664187 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 7.79 AF ADULT FICTION BOOK 15977 72673498 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 45.19 AF ADULT FICTION BOOK 15978 72704258 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 106.65 AF ADULT FICTION BOOK 15979 72739663 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 51.56 AF ADULT FICTION BOOK 15980 72756334 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 17.39 AF ADULT FICTION BOOK 15981 72781442 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 193.39 AF ADULT FICTION BOOK 15982 72795428 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 40.44 AF ADULT FICTION BOOK 15983 72822350 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 231.39 AF ADULT FICTION BOOK 15984 72871939 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 46.60 AF ADULT FICTION BOOK 15985 72923797 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 67.48 ANF AULT NONFICTION 15986 72513647 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 278.52 ANF AULT NONFICTION 15987 72580244 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 8.99- ANF AULT NONFICTION CREDIT 15988 72620584 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 146.98 ANF AULT NONFICTION CREDIT 15989 72664189 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 14.72 ANF AULT NONFICTION CREDIT 15990 72698350 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 393.37 ANF AULT NONFICTION CREDIT 15991 72704259 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 59.36 ANF AULT NONFICTION CREDIT 15992 72730593 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 61.68 ANF AULT NONFICTION CREDIT 15993 72756337 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 44.06 ANF AULT NONFICTION CREDIT 15994 72850753 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 157.72 ANF AULT NONFICTION CREDIT 15995 72890387 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 193.32 C CHILDREN'S BOOKS 15996 72487637 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 2.39 C CHILDREN'S BOOKS 15997 72487638 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 4.80 C CHILDREN'S BOOKS 15998 72487639 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 155.93 C CHILDREN'S BOOKS+F5 15999 72580242 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 40.06 C CHILDREN'S BOOKS 16000 72580243 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 41.66 C CHILDREN'S BOOKS 16001 72601804 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 30.38 C CHILDREN'S BOOKS 16002 72664188 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 308.82 C CHILDREN'S BOOKS 16003 72739664 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 29.25 C CHILDREN'S BOOKS 16004 72756335 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 10.16 C CHILDREN'S BOOKS 16005 72756336 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 278.45 C CHILDREN'S BOOKS 16006 72781443 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 4.19 C CHILDREN'S BOOKS 16007 72850751 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 111.68 C CHILDREN'S BOOKS 16008 72850752 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 3,806.80 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 10
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 111690 8/19/2013 1656 INTELLIGENT PRODUCTS INC 917.10 MUTT MITTS 15830 162891A 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 917.10
111691 8/19/2013 1667 INVER GROVE FORD 98.96 PARTS 15831 5120340 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 98.96
111692 8/19/2013 1669 IPMA 149.00 HR MEMBERSHIP DUES 15832 24193833 10120.6471 DUES & SUBSCRIPTIONS CITY ADMINSTRATION 149.00
111693 8/19/2013 1678 J-14 27.94 SUBSCRIPTION RENEWAL 2 YEARS 15851 8/2/413 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 27.94
111694 8/19/2013 1708 JOHNSON, WENDY 179.04 HEALTH INS REIN MEDICAL 15852 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 179.04
111695 8/19/2013 5041 KACHEL, BRIANNA 75.00 REFUND FLAG FOOTBALL 15853 8/6/13 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 75.00
111696 8/19/2013 1719 KAPOSIA TREE SERVICE 450.00 TREE REMOVAL AT 739 1ST AV S 15854 7/30/13 10320.6221 201304 SEAL COATING & TREE MAIN PUBLIC WORKS 450.00
111697 8/19/2013 3576 LAFONTAINE, EVELYN 179.04 REIN UC INS 15855 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 179.04
111698 8/19/2013 5042 LASKA, TARA 235.92 HEALTH INS REIN MED 15856 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 235.92
111699 8/19/2013 1811 LAWSON PRODUCTS INC. 447.53 SUPPLIES 15857 9301824266 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 86.74 PUNCH SET 15858 9301813992 20243.6220 REPAIR & MAINTENANCE SUPPLIES WAKOTA ARENA FUND 534.27
111700 8/19/2013 1813 LEAGUE OF MN CITIES INSURANCE R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 11
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 500.00 CLAIM OF GREGORY LANGBEHN 15874 24162 10340.6365 INS CLAIMS WITHIN DEDUCTIBLE PARKS FACILITIES AND MAINTANCE 500.00 CLAIM OF JAMES BENNETT 15875 22996 10340.6365 INS CLAIMS WITHIN DEDUCTIBLE PARKS FACILITIES AND MAINTANCE 1,000.00
111701 8/19/2013 1832 LILLIE SUBURBAN NEWSPAPERS 114.63 PC HRGS 15859 7/31/13 10410.6341 ADVERTISING CITY PLANNER 114.63
111702 8/19/2013 3914 LOWE'S HOME CENTERS, INC. 161.16 COVE BASE ADHESIVE 15876 995318 20243.6560 BUILDING FIXTURES AND IMPRS WAKOTA ARENA FUND 644.24 COVE BASE & ADHESIVE 15877 995313 20243.6560 BUILDING FIXTURES AND IMPRS WAKOTA ARENA FUND 298.64 CABLLE & BOLTS 15878 901593 20243.6560 BUILDING FIXTURES AND IMPRS WAKOTA ARENA FUND 1,104.04
111703 8/19/2013 1867 MADISON NATIONAL LIFE INSURANC 24.87- TERMINATIONS 15860 8/12/13 10101.2177 DISABILITY INSURANCE GENERAL FUND 2.37 SALARY CHANGES 15860 8/12/13 10101.2177 DISABILITY INSURANCE GENERAL FUND 10.90 ADDITIONS 15860 8/12/13 10101.2177 DISABILITY INSURANCE GENERAL FUND 1,595.52 SEPT, 2013 PREMIUM 15860 8/12/13 10101.2177 DISABILITY INSURANCE GENERAL FUND 1,583.92
111704 8/19/2013 1889 MAUER CHEVROLET 154.71 PARTS 15861 5020388 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 154.71
111705 8/19/2013 1907 MEDTOX LABORATORIES, INC. 50.00 QUARTLY DRUG TESTING FEE 15863 072013702635 10120.6302 PROFESSIONAL SERVICES CITY ADMINSTRATION 50.00
111706 8/19/2013 1911 MENARDS, INC-WEST ST PAUL 16.89 SUPPLIES 15864 31353 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 82.65 SUPPLIES 15865 31188 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 10.77 SUPPLIES 15866 31286 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 29.88 SUPPLIES 15867 31989 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 3,675.27 OFFICE UPGRADES 15868 32100 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 768.62 CELLING TILES 15869 31978 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 26.40 SPRING SNAP 15870 31385 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 2.47 SALES TAX 15879 31177 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 23.62 SUPPLIES 15880 32091 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 4,636.57
111707 8/19/2013 1926 METROPOLITAN COUNCIL ENVIRONME R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 12
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 222,209.27 AUGUST SEWER SERVICE 15881 1023545 50606.6376 METRO WASTE CONTROL COMMISSIONSEWER UTILITY 222,209.27
111708 8/19/2013 1937 MICROMARKETING LLC 61.72 AVK ADULT BOOKS ON CD 15882 489454 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 33.98 AVK ADULT BOOK ON CD 15883 490230 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 95.70
111709 8/19/2013 1939 MIDWAY FORD CO. 75.83 PARTS 15884 172828 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 207.66 PARTS 15885 171707 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 106.88- PARTS - CREDIT 15886 165512 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 176.61
111710 8/19/2013 1949 MIDWEST TAPE 41.98 AVH DVDS 16009 91097467 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 14.99 AVH ADULT MUSIC CD 16010 91097469 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 17.99 AVH DVD 16011 91109824 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 40.97 AVH - ADULT MUSIC CDS 16012 91109826 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 23.99 AVH - DVD 16013 91124100 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 213.87 AVH DVDS 16014 91124103 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 27.98 AVH - ADULT MUSIC CDS 16015 91124104 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 155.41 AVH - DVDS 16016 91140305 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 30.98 ACH ADULT MUSIC CDS 16017 91140308 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 8.99 AVH DVD 16018 91140309 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 40.18 AVH - DVDS 16019 91151044 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 11.99 AVH - DVDS 16020 91151048 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 18.99 AVH ADULT MUSIC CDS 16021 91154320 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 166.95 AVK ADULT BOOKS ON CD 16022 91101800 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 55.99 AVK ADULT PLAYAWAY 16023 91101801 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 39.99 AVK ADULT BOOK ON CD 16024 91109827 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 151.96 AVK ADULT BOOKS ON CD 16025 91124102 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 160.95 AVK ADULT BOOKS ON CD 16026 91140307 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 49.98 AVK ADULT BOOKS ON CD 16027 91151049 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 59.99 AVK ADULT BOOKS ON CD 16028 91151046 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 69.98 AVK ADULLT BOOKS ON CD 16029 91151047 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 1,404.10
111711 8/19/2013 1953 MIKE McPHILLIPS INC 2,132.00 SWEEPING OFF SEALCOATED ST'S 15862 41821 10320.6221 201302 SEAL COATING & TREE MAIN PUBLIC WORKS 2,132.00 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 13
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 111712 8/19/2013 1961 MILLER, WARREN & LISA 386.76 HEALTH INS REIN 15887 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 386.76
111713 8/19/2013 1989 MINNESOTA DEPARTMENT OF LABOR 1,197.58 17539037155 JULY 15888 8/8/13 10101.2083 SURCHARGES GENERAL FUND 1,197.58
111714 8/19/2013 1995 MINNESOTA ELEVATOR, INC. 246.00 ELEVATOR LABOR - MECHANIC 15889 283803 20230.6371 REPAIRS & MAINT CONTRACTUAL LIBRARY 246.00
111715 8/19/2013 1997 MINNESOTA FLYER MAGAZINE 103.00 ADVERTISEMENT 15890 8/10/13 20245.6341 ADVERTISING AIRPORT 103.00
111716 8/19/2013 2009 MINNESOTA PIPE & EQUIPMENT 616.97 SUPPLIES 15891 302341 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 173.47 SUPPLIES 15892 302132 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 65.19 SUPPLIES 15893 302458 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 855.63
111717 8/19/2013 5043 MOORE, JANICE 179.04 REIN UC INS 15894 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 179.04
111718 8/19/2013 3954 NATIONAL ANIMAL CONTROL ASSOCI 70.00 MEMBERSHIP DUES 15747 8/1/13 10180.6331 CONFERENCES, TRAINING, TRAVEL ANIMAL CONTROL 70.00
111719 8/19/2013 5044 NHA HEATING & AIR CONDITIONING 450.00 WORK DONE ON PH #4 15895 19606322 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 450.00
111720 8/19/2013 2147 OEFFLING, PHIL 113.88 SHIRT REIMBURSEMENT 15745 8/1/13 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 113.88
111721 8/19/2013 2176 OXYGEN SERVICES COMPANY INC 34.30 SUPPLIES 15896 7699778 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 34.30 SUPPLIES 15897 7699779 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 249.81 RECYCLE CYLINDERS 15898 3235380 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 14
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 318.41
111722 8/19/2013 5045 PETERSON, CAROL 179.04 REIN UC INS 15900 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 179.04
111723 8/19/2013 2218 PETTY CASH-LIBRARY 23.40 SUMMER READING SUPPLIES 15899 8/2/13 20230.6430 MISCELLANEOUS LIBRARY 36.09 TEEN PROGRAM SUPPLIES 15899 8/2/13 20230.6430 MISCELLANEOUS LIBRARY 52.88 SUMMER READING SUPPLIES 15899 8/2/13 20230.6430 MISCELLANEOUS LIBRARY 112.37
111724 8/19/2013 2228 PINE BEND PAVING, INC. 358.00 SAWCUTTING BIRCHER AVE 15901 9072913 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 358.00
111725 8/19/2013 5046 PIRTEK BURNSVILLE 407.09 HYDRAULIC HOSES FOR TRACTOR 15902 1789294.001 20245.6371 REPAIRS & MAINT CONTRACTUAL AIRPORT 23.93 PARTS 15903 1795729.001 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 602.64 PARTS 15904 1795672.001 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,033.66
111726 8/19/2013 2240 PLUNKETT'S INC. 98.26 CITY HALL - PEST CONTROL 15906 3763269 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 75.13 SERVICE CENTER - PEST CONTROL 15907 3763268 10320.6371 REPAIRS & MAINT CONTRACTUAL PUBLIC WORKS 46.23 WATEROUS LIFT STATION 15908 3763267 50606.6371 REPAIRS & MAINT CONTRACTUAL SEWER UTILITY 54.46 RODENT CONTROL 15909 3759752 10527.6379 CONT SERV/REFUSE & SANITATION SPLASH POOL 54.46 RODENT CONTROL 15910 3759751 10528.6379 CONT SERV/REFUSE & SANITATION NORTHVIEW POOL 54.46 RODENT CONTROL 15911 3759753 10520.6379 CONT SERV/REFUSE & SANITATION PARKS ADMINISTRATION 383.00
111727 8/19/2013 2245 POMP'S TIRE SERVICE, INC. 2,525.59 TIRES FOR POLICE VEHICLE 15912 980000536 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 2,525.59
111728 8/19/2013 2253 POSTMASTER 1,352.92 MAILING FOR PARKS & REC, CSCC 15913 8/6/13 20250.6344 REPORTER CENTRAL SQUARE 1,352.92
111729 8/19/2013 2262 PRO ACT 258.64 SERVICE 7-8-13 -7/24/13 15914 44725 20243.6302 PROFESSIONAL SERVICES WAKOTA ARENA FUND 258.64 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 15
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit
111730 8/19/2013 5048 PROTUFF DECALS 308.63 FOOTBALL HELMET DECALS 15915 13015982 10529.6210 OPERATING SUPPLIES RECREATIONAL PROGRAMS 19.85- 15915 13015982 10101.2081 DUE TO OTHER GOVT-SALES GENERAL FUND 288.78
111731 8/19/2013 2286 QUILL CORP 51.97 OFFICE SUPPLIES 15739 4317568 50600.6201 OFFICE SUPPLIES UTILITY ADMINISTRATION 51.97 OFFICE SUPPLIES 15739 4317568 10150.6201 OFFICE SUPPLIES FINANCE 51.98 OFFICE SUPPLIES 15739 4317568 10140.6201 OFFICE SUPPLIES CITY CLERK 83.05 FILE POCKET/CORRECTION TAPE 15740 4317654 10420.6201 OFFICE SUPPLIES CODE ENFORCEMENT 192.40 LASERJET CARTRIDGE 15740 4317654 10315.6201 OFFICE SUPPLIES ENGINEERING 5.98 SUPPLIES 15916 4747719 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 38.97 SUPPLIES 15916 4747719 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 109.74 SUPPLIES 15916 4747719 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 108.20 OFFICE SUPPLIES 16030 4492765 10150.6201 OFFICE SUPPLIES FINANCE 28.96 POST IT NOTES, DOUBLE SIDE TAP 16031 4351135 20230.6201 OFFICE SUPPLIES LIBRARY 8.04 M- SPRAY CLEANER, SCRUB SPONGE 16032 20230.6201 OFFICE SUPPLIES LIBRARY 90.88 BLACK TONER 16033 4354037 20230.6201 OFFICE SUPPLIES LIBRARY 41.31 BOOK TAPE & NON SKID PAPER 16034 4040256 20230.6201 OFFICE SUPPLIES LIBRARY 92.98 GARBAGE BAGS 16035 20230.6210 OPERATING SUPPLIES LIBRARY 119.96 MULTIFOLD TOWELS 16036 4040288 20230.6210 OPERATING SUPPLIES LIBRARY 27.96 HAND SOAP 16037 4066863 20230.6210 OPERATING SUPPLIES LIBRARY 8.21 M- WATER FILTERS 16038 3750170 20230.6430 MISCELLANEOUS LIBRARY 1,112.56
111732 8/19/2013 2289 R&R SPECIALTIES OF WISCONSIN, 54.00 BLADE SHARP 15924 52429 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 266.32 REPAIRS TO ZAM 1 15925 52423 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 70.73 PARTS FOR ZAM 15926 52316 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 93.00 BLADE SHARP 15927 52377 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 484.05
111733 8/19/2013 2300 RANDOM HOUSE INC 30.00 AVK - ADULT BOOK ON CD 16039 2165 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 56.25 AVK - ADULT BOOK ON CD 16040 4923 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 10.00 AVK ADULT BOOK ON CD 16041 9734 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 37.50 AVK ADULT BOOK ON CD 16042 8869 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 133.75
111734 8/19/2013 5047 RAUSCH, SANDRA 78.64 HEALTH INS REIN HP 15917 8/3/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 16
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 78.64
111735 8/19/2013 1634 RICOH USA, INC. 64.98 RENT 15969 8/8/13 10520.6371 REPAIRS & MAINT CONTRACTUAL PARKS ADMINISTRATION 64.98 RENT 15969 8/8/13 20250.6378 COPIER MAINTENANCE AGREEMENT CENTRAL SQUARE 129.96
111736 8/19/2013 1636 RICOH USA, INC. 235.89 COPIER LEASE 15741 5026956120 10210.6375 OTHER CONTRACTED SERVICES POLICE PROTECTION 235.89
111737 8/19/2013 2344 RIVER COUNTRY COOPERATIVE 412.40 AIRPORT FUEL - JULY 15919 1422 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 2,559.19 DIESEL FUEL 15920 111430 60703.6210 OPERATING SUPPLIES CENTRAL GARAGE FUND 680.40 FUEL ENGINEERING JULY 15921 643 60703.6210 OPERATING SUPPLIES CENTRAL GARAGE FUND 6,947.74 FUEL - POLICE - JULY 15922 2202 60703.6210 OPERATING SUPPLIES CENTRAL GARAGE FUND 7,873.81 FUEL - SERVICE CENTER JULY 15923 815 60703.6210 OPERATING SUPPLIES CENTRAL GARAGE FUND 18,473.54
111738 8/19/2013 4004 RUMPCA SERVICES 259.00 DRAIN CLEANING 15928 30943 20243.6371 REPAIRS & MAINT CONTRACTUAL WAKOTA ARENA FUND 259.00
111739 8/19/2013 2388 SAFE-WAY BUS COMPANY 488.75 BUS FOR CAMP 15929 4830 10529.6452 TRIPS AND TOURS RECREATIONAL PROGRAMS 488.75
111740 8/19/2013 4296 SARAFOLEAN, JOHN 134.28 REIN UC INS 15930 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 134.28
111741 8/19/2013 2451 SEXTON PRINTING, INC 2,485.70 AUG/SEPT/CITY NEWS 15931 258148 10120.6344 REPORTER CITY ADMINSTRATION 2,485.70
111742 8/19/2013 2632 SHERWIN-WILLIAMS CO., THE 136.42 SUPPLIES 15932 3144-8 50610.6220 REPAIR & MAINTENANCE SUPPLIES STORM WATER UTILITY 60.23 SUPPLIES 15933 6638-4 50610.6220 REPAIR & MAINTENANCE SUPPLIES STORM WATER UTILITY 132.77 SUPPLIES 15934 3347-7 50610.6220 REPAIR & MAINTENANCE SUPPLIES STORM WATER UTILITY 329.42
111743 8/19/2013 2016 SHRED-IT MINNEAPOLIS R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 17
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 35.79 SHREDDING & FUEL SURCH 15742 9402278608 10150.6375 OTHER CONTRACTED SERVICES FINANCE 35.79
111744 8/19/2013 2486 SMART COMPUTING 29.00 SUBSCRIPTION RENEWAL 1 YEAR 15935 7/26/13 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 29.00
111745 8/19/2013 2492 SNAP ON TOOLS 18.33 PARTS 15936 807138963 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 18.33
111746 8/19/2013 2510 SOUTH ST PAUL PUBLIC SCHOOLS 13,581.00 SUMMER POOL MAINTENANCE 15938 8/7/13 20250.6375 OTHER CONTRACTED SERVICES CENTRAL SQUARE 8,433.00 CENT ROOM FURNITURE 15968 8/6/13 20250.6520 BUILDINGS AND STRUCTURE CENTRAL SQUARE 22,014.00
111747 8/19/2013 5059 SOUTH ST PAUL STEEL SUPPLY CO 30.14 ROUND ALUM STOCK 15967 1128654 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 30.14
111748 8/19/2013 2521 SPARTAN PROMOTIONAL GROUP, INC 113.49 T- SHIRTS FOR TASK FORCE 15743 355136 20216.6210 227573 OPERATING SUPPLIES GRANTS/DONATIONS COMM AFFAIRS 113.49
111749 8/19/2013 2528 SPERL, MARY 36.73 MILEAGE REIMBURSEMENT 15939 8/8/13 50600.6331 CONFERENCES, TRAINING, TRAVEL UTILITY ADMINISTRATION 36.73
111750 8/19/2013 2562 STATE SUPPLY COMPANY 61.77 SUPPLIES 15940 441689 10330.6220 REPAIR & MAINTENANCE SUPPLIES BUILDINGS 61.77
111751 8/19/2013 4305 THE GRAPHIC EDGE INC 1,322.26 FOOTBALL SHIRTS 15850 700854 10529.6210 OPERATING SUPPLIES RECREATIONAL PROGRAMS 1,322.26
111752 8/19/2013 2548 TITAN MACHINERY 796.05 PARTS 15941 1719302GP 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 796.05
111753 8/19/2013 2647 TKDA, ENGINEERING ARCHITECTURE 1,136.56 JULY 2013 ENG SVCS 15957 2013002214 40430.6530 201219 IMPR OTHER THAN BUILDING WATER METER & EQUIP REPLACEMNT R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 18
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,136.56
111754 8/19/2013 2883 TOWMASTER 8,115.02 REPAIR TO PLOW 15942 350480 60703.6371 REPAIRS & MAINT CONTRACTUAL CENTRAL GARAGE FUND 921.26 REPAIR TO PLOW 15943 350481 60703.6371 REPAIRS & MAINT CONTRACTUAL CENTRAL GARAGE FUND 9,036.28
111755 8/19/2013 2679 TROJES TRASH PICKUP, INC 38.26 SERVICE FOR JULY, 2013 16043 37X00105 20230.6379 CONT SERV/REFUSE & SANITATION LIBRARY 36.09 16044 37X00100 10170.6379 CONT SERV/REFUSE & SANITATION RECYCLING PROGRAM 1,959.16 931 WARRNER AVE 16045 37X00104 10420.6371 REPAIRS & MAINT CONTRACTUAL CODE ENFORCEMENT 38.26 TRASH REMOVAL JULY, 2013 16046 37X00095 20245.6379 CONT SERV/REFUSE & SANITATION AIRPORT 195.27 SERVICE CENTER 16047 37X00094 10320.6379 CONT SERV/REFUSE & SANITATION PUBLIC WORKS 490.53 PARKS 16048 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MAINTANCE 392.59 MCMORROW FIELD & GARDENS 16049 37X00096 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MAINTANCE 232.62 LORRAINE PARK 16050 37X00097 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MAINTANCE 232.62 KAPOSIA PARK 16051 37X00098 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MAINTANCE 232.62 NORTHVIEW POOL 16052 37X00101 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MAINTANCE 226.93 CITY HALL 16053 37X00102 10330.6379 CONT SERV/REFUSE & SANITATION BUILDINGS 4,074.95
111756 8/19/2013 2695 TWIN CITY PALLET, INC. 534.38 MULCH 15944 37685 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 534.38
111757 8/19/2013 2705 UNIFORMS UNLIMITED 30.98 HANDCUFF 16062 170425 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 108.06 BELT/SHIRTS 16063 170424 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 139.04
111758 8/19/2013 2735 UTNE MAGAZINE 36.00 subscription renewal 1 year 15970 8/2/13 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 36.00
111759 8/19/2013 2744 VAN PAPER COMPANY 348.23 SUPPLIES 15947 281880-00 10330.6210 OPERATING SUPPLIES BUILDINGS 348.23
111760 8/19/2013 2746 VANITY FAIR SUBSCRIPTION 29.95 SUBSCRIPTION RENEWAL 1 YEAR 15946 8/2/13 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 29.95 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 19
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 111761 8/19/2013 2751 VERIZON WIRELESS 26.02 AIR CARD FOR DAN P 15948 9709054194 50605.6390 POSTAGE AND TELEPHONE WATER UTILITY 26.02
111762 8/19/2013 2756 VIKING AUTOMATIC SPRINKLER COM 250.00 ANNUAL FIRE INSPECTION 15949 174474 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 250.00
111763 8/19/2013 2761 VISTAR 265.21 ICE CREAM, CANDY, SUBS 15744 37106386 10527.6250 MERCHANDISE FOR RESALE SPLASH POOL 265.21 ICE CREAM, CANDY, SUBS 15744 37106386 10528.6250 MERCHANDISE FOR RESALE NORTHVIEW POOL 530.42
111764 8/19/2013 2767 W.D. LARSON COMPANIES LTD, INC 326.14 PARTS 15950 232180232 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 326.14
111765 8/19/2013 4285 WACONIA FARM SUPPLY 35.00 SUPPLIES 15951 77319 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 35.00
111766 8/19/2013 2786 WATER CONSERVATION SERVICE INC 278.00 LEAK LOCATE 220 BIRCHER AVE 15952 4171 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 278.00
111767 8/19/2013 2794 WEBER, GERRI 119.36 HEALTH INS REIN MED 15953 8/8/13 20250.2040 FREQUENCY FITNESS REIMBURSEMENCENTRAL SQUARE 119.36
111768 8/19/2013 2830 WINZER CORPORATION 405.41 PARTS 15954 4758233 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 405.41
111769 8/19/2013 2844 WSB & ASSOC INC 3,159.25 GIS UTILITY MAPPING JUNE 15955 2-7/26/13 50605.6580 201318 OTHER EQUIPMENT WATER UTILITY 3,159.25 GIS UTILITY MAPPING JUNE 15955 2-7/26/13 50606.6580 201318 OTHER EQUIPMENT SEWER UTILITY 2,485.00 SURVEY CREW JUNE 15956 6-7/17/13 40424.6530 201101 IMPR OTHER THAN BUILDING 2011 LOCAL IMPROVEMENTS 2,925.00 JUNE CODE ENFORECEMENT 16054 4-660 10420.6302 PROFESSIONAL SERVICES CODE ENFORCEMENT 631.25 MS4 SVCS - JUNE 2013 16055 7-500 50610.6302 PROFESSIONAL SERVICES STORM WATER UTILITY 976.50 WATER MODEL - JUNE 16056 4-000 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 13,336.25 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 20
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 111770 8/19/2013 2849 XCEL ENERGY 510.73 STREET LIGHT UTILITY FUND 15958 378007782 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 866.76 PARKS 15958 378007782 10340.6385 UTILITY SERVICE PARKS FACILITIES AND MAINTANCE 2,907.41 NORTHVIEW 15958 378007782 10528.6385 UTILITY SERVICE NORTHVIEW POOL 4,052.19 SPLASHPOOL 15958 378007782 10527.6385 UTILITY SERVICE SPLASH POOL 988.59 SEWER JULY 15960 378688141 50606.6385 UTILITY SERVICE SEWER UTILITY 36.22 STREET LIGHT UTILITY FUND 15961 378339091 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 22,428.64 WATER 15961 378339091 50605.6385 UTILITY SERVICE WATER UTILITY 12,636.72 STREET LIGHTING 15962 378537764 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 1,392.93 AIRPORT - JULY 15963 377859173 20245.6385 UTILITY SERVICE AIRPORT 51.50 GAS 15964 377118458 20230.6385 UTILITY SERVICE LIBRARY 1,146.86 ELECTRIC 15964 377118458 20230.6385 UTILITY SERVICE LIBRARY 2,381.49 UTILITY BILL 15965 377675474 20243.6385 UTILITY SERVICE WAKOTA ARENA FUND 115.16 STREET LIGHT UTILITY FUND 15971 378674144 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 7,785.77 CITY HALL 15971 378674144 10330.6385 UTILITY SERVICE BUILDINGS 57,300.97
111771 8/19/2013 4159 HELENA CHEMICAL COMPANY 164.03 SUPPLIES 16064 134722789 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 164.04 SUPPLIES 16064 134722789 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 328.07
2013238 8/9/2013 1338 EFTPS 27,354.47 15751 080813840361 10101.2171 FEDERAL WITHHOLDING GENERAL FUND 28,613.50 15760 080813840362 10101.2173 FICA TAX WITHHOLDING GENERAL FUND 55,967.97
2013239 8/9/2013 2013 MINNESOTA REVENUE ( C ) 11,012.73 15753 0808138403611 10101.2172 STATE WITHHOLDING GENERAL FUND 11,012.73
2013240 8/9/2013 2018 MINNESOTA STATE RETIREMENT SYS 1,294.73 15754 0808138403612 10101.2175 OTHER RETIREMENT GENERAL FUND 1,294.73
2013241 8/9/2013 2718 UNITED WAY OF THE ST PAUL AREA 40.00 15758 0808138403616 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 40.00
2013242 8/9/2013 2748 VANTAGE POINT TRANSFER (EFT) 2,974.81 15759 0808138403617 10101.2175 OTHER RETIREMENT GENERAL FUND 2,974.81 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 8/16/2013 11:38:32 Council Check Register Page - 21
8/6/2013 -- 8/19/2013
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit
700,593.63 Grand Total Payment Instrument Totals
Check Total 629,303.39
Transfer Total 71,290.24
Total Payments 700,593.63 JA'Ji City Council Agenda Report ~ Date: August 19, 2013 Department: Police Department ~~~-='"· Administrator: , I"£6(
Agenda Item: Accept Letter of Resignation
Action to be considered: Accept Letter of Resignation from Officer David Townsend.
Overview:
Officer David Townsend began his career as an officer with the South St. Paul Police Department on August 22, 2006. During his career, David has had various assignments including patrol, School Resource Officer and Field Training Officer. David has informed us he has accepted a position with Sun Country Airlines as the company's Manager of Security. David's last day of employment will be August 19, 2013. Members of the Department wish David the best as he moves to a new challenge with Sun Country Airlines. A copy of his letter of resignation is attached.
Source of Funds: N/A Ctty of ~outh eSt. rPauf Wi llia m M. Messerich Chief of Police
To: Chief William M esserich 6 August 2013
CC: South St Paul City Council
From: Officer David Townsend, Badge 2130
RE: Letter of Resignation
Chief Messerich,
This letter serves as my official Letter of Resignation. I have come to a time where I w ill be starting a new chapter in my life. I have been offered employment with Sun Country Airlines as the company's Manager of Security. I have talked with my family about this change and we all came to the conclusion that this would be in our best interest.
There were many emotions that ran through me as I typed this letter. I am appreciative of the opportunity that you have given me to serve you. I will never forget my tenure as a police officer with a fine police department. This will serve as my two week notice w ith 19 August being my final day of duty. I wish you and the department every success now and into t he future.
Kindest Regards,
David Townse nd
125 Third Avenue North • South St. Paul, MN 55075 • (651) 554-3300 • Fax (651) 554-3301 Printed on Recycled Paper, 3 0% Po!5 t- Con!5umer City Council Agenda Report Date: August 19, 2013 Department: Engineering Administrator: S":p <
Agenda Item: Sewer Service Claim- Settlement Agreement- 932-4th Street North
Action to be considered:
Approve settlement agreement with Jeanette Boettcher at 932-4th Street North regarding sewer service line repair.
Overview:
In accordance with the City's sewer service line repair policy, the property owners at 932-4th Street North have completed all of the necessary requirements to qualify for a $1500 settlement from the City for repair of the sewer service line.
Source of Funds:
Sanitary Sewer Fund SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") is entered into and effective as of the day of , 2013 ("Agreement Date"), by and between the City of South St. Paul, a Minnesota municipal corporation (the "City"), and Jeanette Wolf Boettcher a ("Property Owner").
RECITALS
WHEREAS, the Property Owner owns real property which is improved with a single family home in the City of South St. Paul, located at 932-4111 Street North ("Property"); and
WHEREAS, it has been determined that the Property has a sanitary sewer service pipe connection in the City's right of way that involves a six inch line being connected to a four inch line; and
WHEREAS, the Property Owner has experienced problems of clogging, backup or other sewer issues ("Sewer Issues") and
• The City had previously replaced the service line and made the connection to the existing service line that is in question; and • The connection has been dete1mined by a 3rd party contractor hired by the homeowner to be the cause of the Sewer Issues; and • The City Engineer or his designee has visually verified that the connection is the likely cause of the Sewer Issues;
WHEREAS, this Agreement is intended to resolve the dispute between the parties arising from the Sewer Issues.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows:
ARTICLE I THE AGREEMENT
Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the City and the Property Owner with regard to the Sewer Issues. Section 1.02 Cooperation. The City and Property Owner shall cooperate and use their respective best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. J
Section 1.03 Recitals. The above recitals are true and correct as of the date hereof and constitute a part of this Agreement.
ARTICLE II COVENANTS AND AGREEMENTS
Section 2.01 Covenants and Agreements of the City. The City covenants and agrees with the Property Owner that:
(a) City Execution of This Agreement: In consideration of this Agreement, the City agrees to execute this Agreement and implement its terms as they relate to the Property.
(b) CitY Settlement Payment: In consideration of this Agreement, the City agrees to pay Property Owner up to One Thousand Five Hundred and 00/100 Dollars ($1,500.00) to r'eimburse Property Owner for the costs of inspection and repair of the Sewer Issues as full and final settlement of the Sewer Issues. Payment will be made to Property Owner upon proof of compliance with the provisions of Section 2.02 of this Agreement.
Section 2.02 Covenants and Agreements of the Property Owner. Property Owner covenants and agrees with the City that:
(a) Title and Agreement Execution and Processing: Property Owner warrants that Property Owner has good right, title and interest in the Property to enter into this Agreement and Property Owner agrees to execute this Agreement and deliver said executed copy to the City.
(b) Performance of Work and Proof of Payment: Property Owner agrees that it will engage a 3rd party contractor to correct the Sewer Issues in a manner that is satisfactory to the City Engineer or his designee. Upon receipt of proof of com~pletion and payment, the City will reimburse the Property Owner up to the amount stated in Section 2.01 (b).
(c) Release of Claims: In exchange for the payments made to Property Owner in this Agreement, Property Owner, for themselves and on behalf of their heirs, executors, administrators, attorneys, and assigns, hereby releases City, its present and former council members, contractors, attorneys, representatives, employees, and agents from any and all claims, rights or causes of action of any kind and nature whatsoever, which they have or may claim to have, in any way arising out 2 of, connected with the Claim. This Release shall also include, but not be limited to, all claims, rights and causes of action for costs, attorney' s fees, or percentage of awards or settlements which Property Owner may assert against or which may be asserted against City by anyone on behalf of Property Owner, or against any of the released parties from any third parties.
ARTICLE III GENERAL PROVISIONS
Section 3.01 Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described.
Section 3.02 Severabilitv. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Section 3.03 Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the parties hereto.
Section 3.04 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 3.05 Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations.
Section 3.06 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Minnesota.
Section 3.07 Captions. The captions and the headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision or section of this Agreement.
Section 3.08 Recording. The parties hereto agree that this Agreement shall not be recorded with the County Recorder and/or Registrar of Titles.
3 IN WITNESS WHEREOF, the City and the Property Owner have caused this Agreement to be executed by its duly authorized representatives.
PROPERTY OWNER:
By: ______
STATE OF MINNESOTA ) ) ss. COUNTY OF Uki'Q-f P1 )
. Ci ~·h .II On tillS __,._ day of Y::-1 , y., tl ~ i ,2013, before me a Notary Public within and for said County, personally appeared .J~ ,1~ q.. and , (a married couple) to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed.
Notary Public
SHARON MORE NOTARY PUBLIC· MINNESOTA My Commission Expires Jan. 31, 2014 7 .
4 CITY OF SOUTH ST. PAUL
By: ------Mayor Beth Baumann
AITEST:
City Clerk Christy Wilcox
STATEOFM~SOTA ) ) ss. COUNTY OF DAKOTA )
On this day of , 2013, before me a Notary Public within and for said County, personally appeared Beth Baumann and Christy Wilcox to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of South St. Paul, the Minnesota municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation.
Notary Public
5 City Council Agenda Report Date: August 19,2013 Department: Library Administrator: Sfr~
Agenda Item: Request for Release of Capital Improvement Funds for Library Carpeting
Action to be considered:
Motion to release budgeted capital improvement funds in the amount of $25,643 for purchase and installation of library carpeting.
Overview:
The majority of the library' s first floor carpeting was purchased and installed in 1989, over 20 years ago. It currently is permanently stained and showing signs of wear.
Hiller Commercial Floors has been awarded the state contract for carpet removal and installation. Their unique system, called "furniture lifting," eliminates the need for shrink wrapping materials, moving furniture, etc., or for acquiring a separate mover since they lift materials as they carpet. Most of the carpet installation will occur after the library's regular hours, so the library will not be closed during any part of carpet installation.
Carpet tile is becoming standard in most government/public buildings since soiled pieces can be removed, cleaned and re-used, and the library board has chosen a 24' x 24" Bolyu nylon tile of textured loop construction with odor- and VOC-reducing Puralex and a lifetime warranty against edge raveling and zippering.
The quote includes carpet removal and disposal, floor prep, sub-floor filler patching, 4" and 6" carpet bases, moving of furniture and 9ook stacks, and installation of carpet tiles.
The library board approved Hiller Commercial Floor's proposal on August 12, 2013, and requests release of capital improvement funds for the project.
Source of Funds:
2013 CIP Budget City Council Agenda Report Date: August 19,2013 Department: City Clerk Administrator: Slf.::.. I
Agenda Item: Business Licenses
Action to be considered:
Motion to adopt Resolution No. 2013-144 approving business licenses.
Overview:
Municipal Code requires that a license be obtained prior to engaging in any trade, profession or business in the City. All city licenses are annual running April 1st to March 31st. Municipal Code also requires that all licenses be approved by the City Council prior to issuance.
Source of Funds:
N/A City of South St. Paul Dakota County, Minnesota
Resolution No. 2013- 144
WHEREAS, certain provisions of the South St. Paul Municipal Code require that a license be obtained prior to engaging in any trade, profession, business or privilege in the City,
WHEREAS, the following license applications have been made to the City Clerk for City Council approval:
NOW, THEREFORE, BE IT RESOLVED that the following licenses be approved subject to the proper bonds and insurance being submitted:
MASSAGE
Massage by Kevin W. Miner 2540 Alpine Dr Mobile Masage Woodbury, MN 55125
Adopted this 19th day of August, 2013.
City Clerk City Council Agenda Report Date: Aug 19, 2013 Department: City Clerk Administrator: :;;e,~:::_
Agenda Item: Rental Housing Licenses
Action to be considered:
Motion to adopt Resolution No. 20 I 3-143, approving residential rental housing li censes.
Overview:
Municipal Code requires that a license be obtained prior to engaging in the operation of a rental dwelling or rental dwelling unit in the City. Municipal Code also requires that all licenses be approved by the City Council prior to issuance.
Source of Funds:
NIA City of South St. Paul Dakota County, Minnesota
RESOLUTION NO. 2013-143
APPROVING RENTAL HOUSING LICENSES
WHEREAS, certain provisions of the South St. Paul Municipal Code require that a license be obtained prior to engaging in operation of a rental dwelling or a rental dwelling unit in the City; and
WHEREAS, the following license applications have been made to the City Clerk for City Council approval;
NOW, THEREFORE, BE IT RESOLVED, that the following licenses be approved subject to any outstanding permits and inspections being completed:
RESIDENTIAL RENTAL HOUSING LICENSES- APRIL 1, 2013 TO MARCH 31, 2014
Property A ddress Property Owner/Applicant # Of Units NEW 324 2"d Avenue South IH2-Property IL I 2 I 2 1Olll A venue South Kirk & Carrie Koudelka I 525 2"0 A venue South Invitation Homes-THR Property Illinois, LP I 1345 9111 Avenue South Invitation Homes-THR Property Il li nois, LP I 228 15 111 Avenue South Sean Doyle 1 310 li11 AvenueNorth William Brenna 1
Adopted this 19 TH day of Aug, 2013
City Clerk City Council Agenda Report Date: August 19, 2013 Department: Parks and Recreation Administrator: .3 PI(
Agenda Item: Acceptance of Gifts and Grants- Youth Football Helmets
Action to be considered:
Motion to accept funds for the Parks and Recreation Department Youth Football Program.
Overview:
The City Council is required by State Law to accept any gifts or grants of property to the City of South St. Paul. The gifts and/or grants listed on the attached resolution have been offered to the City for the purpose desired by the donor set forth opposite each gift.
The gift of $2,700 has been offered to the Parks and Recreation Department for the purpose of funding replacement helments for the youth football program. All donation funds will be used in the purchase of new helmets.
Source of Funds:
N/A City of South St. Paul Dakota County, Minnesota
Resolution No. 2013-147
RESOLUTION ACCEPTING GRANTS AND GIFTS
WHEREAS, the City Council is required by Minnesota State Law to vote to accept any donation to the City; and
WHEREAS, the City Council has determined that the gift listed below is of benefit to the citizens of South St. Paul; and
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of South St. Paul, Minnesota, that the donation listed below is accepted for the purpose desired by the donor set forth opposite the gift.
Donor/Grantor Donation Purpose
South St. Paul Lions $2,700 Parks and Recreation Youth Football Program Replacement Helmets
1 Adopted this 19 h day of August, 2013 .
City Clerk City Council Agenda Report Date: August 19,2013 Department: City Clerk Administrator: Sf<_
Agenda Item: Ordinance amending Peddler/Solicitor License
Action to be considered:
Introduce for its first reading An Ordinance Regulating the Conduct of Peddlers, Solicitors, and Transient Merchants.
Overview: The current City Code dealing with the licensing of peddlers) solicitors and transient merchants is outdated and staff is recommending to amend the ordinance. Peddlers, solicitors, and transient merchants can provide benefits and challenges to cities and their residents. They provide an opportunity to bring interested parties (such as buyers and sellers, or donors and charitable, religious or nonprofit organizations) together. However, they can also cause problems not typically associated with permanently established local businesses.
Bad experiences can lead disgruntled home and business owners to contact their local officials demanding relief) including:
Protection from fraud, scam artists, and other unwanted intrusions Prevention of crimes and unlawful activities A direct city response to their uneasiness and need for safety in the community.
Cities have the authority, both specifically within the state statutes and under general police powers, to regulate the activities of peddlers, solicitors, and transient merchants. Regulations must be "reasonable" and not violate any rights protected by the state and federal constitutions.
State and local governments have used different terms to describe individuals who travel city-to-city or door-to-door offering products and services for sale, or expressing ideological and religious beliefs. Among the most commonly used names for those participating in these general practices include: peddlers, solicitors, transient merchants, hawkers) canvassers, advocates, and door-to-door salespersons. Such terms are generally defined by state statute or city ordinance.
A peddler is generally described as someone who:
Travels about place to place with no fixed place of business Carries the actual merchandise offered for sale, not merely samples of such products Sells the merchandise at the time it is offered for sale Delivers the merchandise at the time the sale is consummated Sells to ultimate consumer and not to a retail establishment for an expected resale of the merchandise. Also commonly known as hawkers, peddlers carry the actual products offered for sale from place to place.
Cities generally have the authority either license or register peddlers who wish to operate within the city's jurisdiction. The licensing or regulation of peddlers usually does not raise constitutional concerns because both product delivery and payment occur during the initial interaction.
The proposed ordinance will continue to require a peddler's license with the City.
Solicitors and canvassers: A solicitor also engages in door-to-door activities. However, unlike a peddler, a merchant solicitor goes from place to place and only obtains orders for goods or services that will be delivered or performed at a later date. Solicitors do not carry the merchandise they are offering for sale with them. Most often, a solicitor will use samples, or carry catalogues illustrating the goods or services available. Solicitors and solicitation is used interchangeably with canvassers and canvassing. Canvassing refers to the practice of going from location to location with the primary purpose of furthering religious, social, or political advocacy. Unlike solicitors, financial profit is not the canvassers' primary motivation. A canvasser (sometimes known as an advocate) may ask for signatures on a petition, request support for a political candidate or position, seek donations, organization membership or other financial support for their religious, social or political organizations.
The regulation of these types of door-to-door advocates involves many basic constitutional rights, including a canvasser's freedom of speech and possibly freedom of religion and a homeowner's privacy and property rights. A municipal ordinance can require all solicitors and canvasser's to register with the city and not charge a fee.
The proposed ordinance will not require a solicitor license, however, they will be required to register with the City prior to engaging in any activities.
A transient merchant is someone who demonstrates the traits of both a peddler and the typical permanent business. Transient merchants are regulated under state law. A transient merchant is:
Any person, individual, partnership, limited liability company, or corporation That sells goods, ware, or merchandise From a vehicle, portable shelter, vacant building, structure or lot With the intent to remain in business at any one location for a limited period oftime, usually no more than a few weeks. The proposed ordinance would only allow for a period of not more than fourteen days DOES NOT include the seller or exhibitor in a firearms collection show involving two or more sellers or exhibitors Must apply and obtain a county-issued license
The proposed ordinance will require a transient license with the City. Proposed exceptions to the licensing or registration:
(a) Any person engaging in non-commercial door-to-door advocacy. However, if the non commercial advocacy is being conducted by professional fundraisers, or fundraisers who receive a commission or a fee, then each person involved in the activity must obtain a license pursuant to city code section 18-413.
(b) Any person going from house-to-house, door-to-door, business-to-business, street-to-street, or any other type ofplace-to-place movement for the primary purpose ofexercising that person's state or federal constitutional rights (i.e. freedom of speech, freedom of the press, freedom of religion).
(c) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler.
(d) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk.
(e) Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route.
(f) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large.
(g) Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales.
(h) Any person participating in an organized multi-person bazaar or flea market.
(i) Any person conducting an auction as a properly licensed auctioneer.
(j) Any officer of the court conducting a court-ordered sale.
(k) Non-profit, charitable, religious organizations or public and private schools who are conducting sales or other similar fundraising activities shall not be required to obtain a license, but are subject to certain requirements as described below:
(1) Local non-profit organizations that have a direct connection to or are located within the city shall notify the city ofthe dates during which the activity will be conducted, the location where the activity will be conducted and the nature ofthe goods or services to be sold or offered for sale.
(2) Non-local non-profit organizations that have no local connection or who are not located within the city shall be required to register pursuant to city code section 18-416, however, one registration form may be submitted for the organization for each activity. Staff is recommending that the proposed ordinance amending the City Code regarding peddlers, solicitors, and transient merchants be introduced for its first reading.
Source of Funds: n/a City of South St. Paul Dakota County, Minnesota
ORDINANCE NO. 2013-
AN ORDINANCE REGULATING THE CONDUCT OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
The City Council ofthe City of South St. Paul does ordain:
SECTION 1. RENAMED. South St. Paul City Code Article XV is hereby renamed as follows:
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
SECTION 2. REPEALER. South St. Paul City Code sections 18-381 - 18-382 are hereby repealed.
SECTION 3. ENACTMENT. South St. Paul City Code sections 18-383 -18-384 are hereby enacted as follows:
DIVISION 1.
Sec. 18-383. Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following defmitions shall apply unless the context clearly indicates or requires a different meaning.
Non-commercial door-to-door advocate means a person who goes door-to-door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For purpose of this ordinance, the term door-to-door advocate shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for non-commercial purposes.
Peddler means a person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or other personal property that the person is carrying or otherwise transporting. For purpose of this ordinance, the term peddler shall have the same common meaning as the term hawker. Person means any natural individual, group, organization, corporation, partnership, or similar association.
Professional fundraiser means any person, including a corporation or other entity, who, for compensation, performs any solicitations or other services for a religious, politician, social, or other charitable organization.
Solicitor means a person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall have the same meaning as the term canvasser.
Transient merchant means a person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than fourteen (14) consecutive days.
Sec. 18-384. Exceptions.
For the purpose of this chapter, the terms peddler, solicitor, and transient merchant shall not apply to and no license or registration shall be required for the following, unless otherwise stated below:
(a) Any person engaging in non-commercial door-to-door advocacy. However, if the non commercial advocacy is being conducted by professional fundraisers, or fundraisers who receive a commission or a fee, then each person involved in the activity must obtain a license pursuant to city code section 18-413.
(b) Any person going from house-to-house, door-to-door, business-to-business, street-to street, or any other type of place-to-place movement for the primary purpose of exercising that person's state or federal constitutional rights (i.e. freedom of speech, freedom of the press, freedom of religion). However, if the person's exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity, then each person involved in the activity must obtain a license pursuant to city code section 18-413.
(c) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler.
2 (d) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk.
(e) Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route.
(f) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large.
(g) Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales.
(h) Any person participating in an organized multi-person bazaar or flea market.
(i) Any person conducting an auction as a properly licensed auctioneer.
G) Any officer of the court conducting a court-ordered sale.
(k) Non-profit, charitable, religious organizations or public and private schools who are conducting sales or other similar fundraising activities shall not be required to obtain a license, but are subject to certain requirements as described below:
(1) Local non-profit organizations that have a direct connection to or are located within the city shall notify the city of the dates during which the activity will be conducted, the location where the activity will be conducted and the nature of the goods or services to be sold or offered for sale. While conducting the activity, all members of the organization shall wear clothing identifying the sponsoring organization or carry a form of identification from the sponsoring organization.
(2) Non-local non-profit organizations that have no local connection or who are not located within the city shall be required to register pursuant to city code section 18-416, however, one registration form may be submitted for the organization for each activity. While conducting the activity, all members of the organization shall wear clothing identifying the sponsoring organization or carry a form of identification from the sponsoring organization.
Sees. 18-385- 18-407 reserved.
3 SECTION 4. REPEALER. South St. Paul City Code Sections 18-408 - 18-412 are hereby repealed.
SECTION 5. ENACTMENT. South St. Paul City Code Sections 18-413- 18-419 are hereby enacted.
Sec. 18-413. Licensing.
(a) County license required. No person shall conduct business as a transient merchant within the city without first having obtained the appropriate license from the county and the city.
(b) City license required. Except as otherwise provided for by this ordinance, no person shall conduct business within this jurisdiction as a peddler or a transient merchant without first obtaining a city license.
(c) Application. An application for a city license to conduct business as a peddler or transient merchant shall be made at least 30 days before the applicant desires to begin conducting a business operation within the city. Application for a license shall be made on a form that is available from the office of the city clerk. All applications shall be signed by the applicant. All applications shall include the following information:
( 1) The applicant's full legal name.
(2) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to.
(3) A physical description of the applicant (hair color, eye color, height, weight, any distinguishing marks or features, and the like).
(4) Full address of applicant's permanent residence.
(5) Telephone number of applicant.
(6) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent.
(7) Full address of applicant's regular place of business, if any exists.
(8) Any and all business-related telephone numbers and e-mail addresses of the applicant, including cellular phones and facsimile (fax) machines.
(9) The type of business or activity for which the applicant is applying.
( 10) The dates during which the applicant intends to conduct business.
4 (11) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up his or her business.
(12) A statement as to whether or not the applicant has been convicted with the last five (5) years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses.
(13) A list ofthe three (3) most recent locations where the applicant has conducted business.
(1 4) Proof of any required county license.
(15) Written permission of the property owner or the property owner's agent for any location to be used by a transient merchant.
(16) A general description of the items to be sold or services to be provided.
(17) The applicant's driver's license number or other acceptable form of identification.
(18) The license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the licensed business operation.
(19) Any and all additional information as may be deemed necessary by the City Council.
(d) Fee. All applications for a license under this chapter shall be accompanied by the fees established in chapter 26.
(e) Investigation. A background investigation is required, pursuant to city code section 19- 47.
(f) Insurance. Proof of insurance must be submitted with the application as required by city code section 18-24.
(g) Procedure. Licenses will be approved pursuant to city code section 18-25. The city council may approve a license with reasonable conditions, as deemed necessary.
(h) Term. Unless otherwise stated on the license, a license granted under this ordinance shall be valid through May 31. Unless otherwise stated in the license, the effective date ofthe license is the date of issuance.
Sec. 18-414. License denial, suspension or revocation.
(a) In addition to the grounds stated in city code section 18-31(a), the following shall be grounds for denying, suspending or revoking a peddler or transient merchant license:
5 (1) The failure of an applicant to obtain and demonstrate proof of having obtained any required county license.
(2) The failure of an applicant to sign the license application.
(3) The failure of an applicant to pay the required fee at the time of application.
(4) A conviction with the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.
(5) The revocation with the past five (5) years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant.
(6) After completing the background investigation, the Police Chief recommends that it is not in the best interest of the city to grant the license.
(7) Evidence of a bad business reputation, which shall include, but is not limited to, the existence of more than three (3) complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general's office, or other similar business or consumer rights office or agency, with the preceding twelve (12) months, or three (3) complaints filed with the city against an applicant within the preceding five (5) years.
(b) Multiple persons under one license. The suspension or revocation of any license that authorized multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person's authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked.
(c) Notice; Public Hearing. Except as provided in city code section 18-31(c) for a temporary suspension, prior to revoking or suspending any license issued under this chapter, the city shall provide notice and a public hearing pursuant to city code section 18-31(b).
Sec. 18-415. License transferability.
No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued.
6 Sec. 18-416. Registration.
(a) All solicitors, farmer's markets and non-local non-profit organizations shall be required to register with the city prior to engaging in any activities. For solicitors, each person engaged in the activity must register. For farmer's markets and non-local non-profit organizations, one registration form may be submitted on behalf of all participants.
(b) Application. Registration shall be made on the same form required for a license application.
(c) Fee. No fee shall be required.
(d) Procedure. Upon receipt of a completed application form containing all the required information, the city clerk shall issue a certificate of registration as proof of the registration. Certificates of registration shall be non-transferrable.
(e) Term. Registrations shall be valid for the time stated on the certificate of registration. Unless otherwise stated on the certificate of registration, the effective date of the registration is the date of issuance.
(f) Farmer's markets. A person or sponsoring organization representing multiple vendors selling or attempting to sell, or taking orders or attempting to take orders for any product grown, produced, cultivated or raised on any farm occupied, rented or used by the person and cultivated by the person must register with the city and must also provide the following information:
(1) The address or specific location of the farms or gardens upon which the product was cultivated or obtained.
(2) A signed affidavit from the registrant that the product that will be sold was from property occupied, rented or used by the registrant and the product was cultivated by the registrant. For a sponsoring organization, the sponsor will attest that it has receive documentation from the participating vendors affirming that they comply with this requirement.
(3) Written confirmation from the City Planner that the property on which the product will be sold complies with all zoning requirements and the registrant has obtained all necessary permits.
(4) The address or specific location on which the product will be sold and written acknowledgment from the property owner that includes written consent from the property owner and a site map showing the location on the property that will be used for the sale of the product.
7 Sec. 18-417. Prohibited activities.
No peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or other person engaged in other similar activities shall conduct business in any of the following manner:
(a) Calling attention to his or her business or the items to be sold by means of blowing any hom or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure.
(b) Obstructing the free flow oftraffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way.
(c) Conducting business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public.
(d) Conducting business outside of the following hours:
(1) 9 a.m. to 7 p.m. Monday through Friday.
(2) 10 a.m. to 3 p.m. Saturday and Sunday.
(e) Failing to provide proof of license, or registration, and identification when requested.
(f) Using the license or registration of another person.
(g) Alleging false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person.
(h) Remaining on the property of another when requested to leave.
(i) Otherwise operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive.
Sec. 18-418. Exclusion by placard.
Unless specifically invited by the property owner or tenant, no peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or other person engaged in other similar activities shall enter onto the property of another for the purpose of conducting business as a peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or similar activity when the property is marked with a sign or placard stating: "No Peddlers, Solicitors or Transient Merchants," "Peddlers, Solicitors, and Transient Merchants Prohibited," or other comparable statement. No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or placard under this section.
8 Sec. 18-419. Penalty.
Any individual found in violation of any provision of this ordinance, shall be a guilty of a misdemeanor or subject to an administrative citation, pursuant to city code chapter 38 Article IV.
SECTION 6. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The ordinance is intended to protect the public by allowing the city to be aware of who is going door to door or temporarily selling goods. It also provides clear expectations for those persons who are conducting these types of activities. Peddlers sell their products door-to-door. Transient merchants set up their products on a temporary basis in a tent or truck. Solicitors go door to door and take orders for sale.
Peddlers, Transient Merchants and professional fundraisers must obtain a license from the city. They must undergo a background investigation, pay a license fee, provide detailed information about their business history, and show proof of insurance.
Solicitors, farmer's markets and non-local non-profit organizations must register with the city. They must inform the city as to the dates and locations at which they will be conducting their activity. Farmer's markets and non-local non-profit organizations may register as a group. Solicitors must register individually.
Persons exercising free speech, businesses with established customer route sales or deliveries, flea markets, garage sales, auctions, court-ordered sales and local non-profit organizations need not register or obtain a license. Local non-profits must notify the city as to when they will be conducting activities, but no formal application process is required.
SECTION 7. EFFECTIVE DATE. This ordinance shall be in force upon its adoption and publication.
Approved:
Published:
Adopted this ___ day of ___ __, 2013.
City Clerk
9 ~ City Council Agenda Report ..,F.;::;~~..... ~~ Date: August 19, 2013 i!;'i'l Department: Parks & Recreation Administrator: S)P.<;
Agenda Item: Kaposia Landing and McMorrow Field 2013 Master Plans
Action to be considered:
Approve Resolution 2013-145 in support of the updated Master Plans for Kaposia Landing and McMorrow Field to be included in a future voter referendum.
Overview:
At the April 23, 2012 work session, the City Council launched the process of discussing a future voter-approved referendum in support of park development and renovation of Wakota Civic Arena. The initial discussion involved updating the 2005 Master Plans for Kaposia Landing and McMorrow Field for inclusion in the referendum. This discussion led to the hiring of WSB Inc. for professional services necessary to update the site designs and cost elements of the referendum components specific to Kaposia Landing and McMorrow Field. WSB Inc. was selected based upon their prior work revising the site plan of Kaposia Landing in 2006 when they were the smaller, independent firm of Brauer and Associates. WSB Inc. was tasked with updating planning documents and budget estimates in order to achieve the clearest plan and construction cost during the referendum design phase.
The Parks and Recreation Advisory Commission were presented with the first updated Master Plan designs at their April 9, 2013 meeting. The commission supported the direction of the designs and recommended presentation to the city council for discussion. At the April 22, 2013 city council work session, staff presented the first concept designs for Kaposia Landing and McMorrow Field along with updated cost estimates. The design elements unique to each Master Plan include:
Kaposia Landing 2013 Master Plan elements: • Softball Wheel: Four fields with lighting, 310' fences, including player benches, fencing, safety netting, turf seeding, ag-lime, and irrigation. Includes central concession/restroom building and adjacent play structure. • Baseball Field: One field with lighting, 380' center field, including player dugouts, fencing, turf seeding, ag-lime, and irrigation. • Group Picnic and Performance Building with formal gathering space: restrooms, concession, storage, drinking fountains, and landscaping. • Community Play Area: play equipment, play container curbing, wood chip surface, drinking fountain. • General Picnic Grounds and Misc. Site Amenities: secondary off-leash dog area, overlook areas, asphalt trail connections, benches, picnic tables, bike racks, volleyball, horseshoe, bocce courts, and trash receptacles. • Utilities and parking areas: water connection, sanitary sewer connection, electricity, stormwater conveyance, and two additional parking areas to service softball and baseball fields. 2013 Kaposia Landing Master Plan cost estimate = $5,468,125
McMorrow 2013 Master Plan: • Flat Field Construction: Four full-sized soccer fields (two with lights), one football field with lights, one general practice/warm-up field, all with irrigation. • Community Play Area: play equipment, play container curbing, and wood chip surface. • Misc. Site Amenities: asphalt trail connections, picnic shelter, picnic tables, bleachers, benches, bike racks, signage, fencing, netting, and trash receptacles. • Utilities and parking areas: stormwater catchbasins, drinking fountains, parking area modifications and construction. • Removals: existing four softball/baseball fields and lights, tennis courts, play structure, picnic shelter, parking areas.
2013 McMorrow Field Master Plan cost estimate = $2,389,463
Staff has met twice with residents who live on South Street regarding concerns over the parking area designs of the Master Plan at McMorrow Field. The residents feel that parking on the north end of McMorrow Field will impact traffic quantity and flow along South Street. To address these concerns, WSB Inc. provided an alternate design, at no additional cost, to shift a portion of the parking to the south end of the park. The alternate design was shared with the neighboring residents in an independent meeting and later with the Parks and Recreation Advisory Commission at their August 13, 2013 regular meeting. With two of the neighboring residents present at the meeting, the commission unanimously recommended the alternate plan for McMorrow Field. Staff does not agree with the recommendation and supports the original design for several reasons: • The alternate design is more expensive. The alternate design causes the alignment of the east soccer field to shift north to accommodate parking in the southeast comer. This alignment causes extra fencing, lights, and bleachers to be installed because fields do not align to share amenities as in the original plan. The added cost of the alternate plan is $77, 725 approximately 3% more than the original plan. • The north parking areas from the original plan service the new picnic shelter and playground locations and the center fields of the complex. The existing picnic shelter and playground area are isolated from internal parking areas and trails in their current locations. The original plan design situates a parking area directly next to the relocated picnic shelter and concession/restroom building providing efficient accessibility to those amenities and the location of the new play structure. These three facilities serve as a destination for park users that may not be using the active play fields so internal accessibility to them other than on-street parking is essential. • The north parking areas get vehicles off of South Street. For safety and efficiency the north parking areas from the original plan will be more attractive than on-street parking because they are closer to the internal park fields and amenities, especially the shelter, restrooms, and play structure. This improves safety because South Street will not have to be crossed or accessed when entering or exiting a vehicle as it is when parked on the street. • The shift north of the east soccer field puts it adjacent to South Street. As already illustrated, South Street is a busy street and staff is concerned with player safety due to the increased potential of errant balls going onto South Street. Staff understands and respects that neighboring residents are concerned that South Street is a busy and arguably dangerous road. While McMorrow Field may add to the traffic along South Street during peak use times, South Street remains a busy road traveled by those that do not use the park. The city already accommodates the neighboring residents by not allowing parking on the north side of the street in front of their homes. The redesign of McMorrow according to the original Master Plan may help to lessen neighborhood traffic and parking congestion along South Street because annual adult and youth softball tournaments will no longer take place there. These may be replaced by flat field tournaments however the heavy adult softball use will disappear. City Engineer John Sachi will be present to answer any questions regarding traffic flow along South Street and how the new parking areas will be designed and regulated to facilitate efficient traffic and parking patterns.
Staff will be presenting for your consideration:
a. Kaposia Landing 2013 Master Plan Update b. McMorrow Field 2013 Master Plan Update c. McMorrow Field alternate Master Plan design
If approved, the 2013 Kaposia Landing Master Plan and 2013 McMorrow Field Master Plan will accompany the final design for the Wakota Civic Arena building and mechanical renovation, approved at the August 5, 2013 city council meeting, to become the entire referendum package to be put before voters preliminarily scheduled for February 11 , 2014.
Pending approval of all three components of the referendum and designation of special election date, the community education phase will officially commence.
Source of Funds:
V oter~approved referendum City of South St. Paul Dakota County, Minnesota
RESOLUTION NO. 2013-145
RESOLUTION APPROVING THE UPDATE TO THE KAPOSIA LANDING AND MCMORROW FIELD MASTER PLANS TO BE INCLUDED IN THE SOUTH ST. PAUL PARKS MASTER PLAN
WHEREAS, the South St. Paul City Council adopted a Parks Master Plan document in November 2005 to guide the future development and redevelopment of the South St. Paul park system; and
WHEREAS, in April 2012 the City Council initiated the process to seek funding for the execution of the Master Plan specific to Kaposia Landing and McMorrow Field; and
WHEREAS, WSB Inc. was hired to update the site designs and cost estimates of the Master Plan specific to Kaposia Landing and McMorrow Field; and
WHEREAS, the updated Master Plan specific to Kaposia Landing includes: • Softball Wheel: Four fields with lighting, 310' fences, including player benches, fencing, safety netting, turf seeding, ag-lime, and irrigation. Includes central concession/restroom building and adjacent play structure. • Baseball Field: One field with lighting, 3 80' center field, including player dugouts, fencing, turf seeding, ag-lime, and irrigation. • Group Picnic and Performance Building with formal gathering space: restrooms, concession, storage, drinking fountains, and landscaping. • Community Play Area: play equipment, play container curbing, wood chip surface, drinking fountain. • General Picnic Grounds and Misc. Site Amenities: secondary off-leash dog area, overlook areas, asphalt trail connections, benches, picnic tables, bike racks, volleyball, horseshoe, bocce courts, and trash receptacles. • Utilities and parking areas: water connection, sanitary sewer connection, electricity, stormwater conveyance, and two additional parking areas to service softball and baseball fields; and
WHEREAS, the updated Master Plan specific to McMorrow Field includes: • Flat Field Construction: Four full-sized soccer fields (two with lights), one football field with lights, one general practice/warm-up field, all with irrigation. • Community Play Area: play equipment, play container curbing, and wood chip surface. • Misc. Site Amenities: asphalt trail connections, picnic shelter, picnic tables, bleachers, benches, bike racks, signage, fencing, netting, and trash receptacles. • Utilities and parking areas: stormwater catchbasins, drinking fountains, parking area modifications and construction. • Removals: existing four softball/baseball fields and lights, tennis courts, play structure, picnic shelter, parking areas; and
WHEREAS, the Parks and Recreation Advisory Commission has reviewed the updated Master Plan designs and cost and provided recommendations to the City Council; and
WHEREAS, the updated Park Master Plans achieve the refined design elements and cost estimations for inclusion in a future referendum vote in support of parks; and
NOW, THEREFORE, BE IT RESOLVED that WSB Inc. has completed updated Master Plan designs for Kaposia Landing at a cost estimate of$5,468,125 and McMorrow Field at a cost estimate of$2,389,463 to amend the original2005 South St. Paul Park System Master Plan designs.
1 Adopted this 19 h day of August, 2013.
City Clerk ~
i ~ ~ 3 ~ § ~ e ~ z e ] 8 e Q ! ~ 8 ~
\
...... Four Softball" Fields • 3tltloot F.UIU... ;: .....\. • Lighttd • Blucllan _ .~~ '2'btdi__HIIIjl0f-ielol -- -~-:: -,.,.,..,.. a;.. ,, • 3111Foot Ceon.r Field • Lighted • Bleachers • 2 bealog cegn( eloog l.. lliHsl • 2 ballpeM(IItog louiUHII
701 Xenia Avenue South. Suite 300 Central Square CommunrtyCe nter A Minneapolis, MN 55416 100 7th Avenue North WSB Tel:(763) 541·4800 H Soulh SL Peul, MN 55075 wsbeng.com Tel: (651)306-J690 &: tUsocmtu , fnr soulhstpaul.org PrCJ1tUi0 1261-6!lO 1-;t-='• Date. J.bfdi21.201J 2013 MASTERpLAN ~ City Council Agenda Report .,F.,.~.w--=-~ Date: August 19, 2013 1!1 Department: Parks & Recreation Administrator: S;J(::(
Agenda Item: Resolution Calling for a Special Election in Support of Parks and Wakota Civic Arena
Action to be considered:
Approve Resolution 2013-146 calling for a special election in support of parks and Wakota Civic Arena on Tuesday, February 11 , 2014.
Overview:
At the April 23, 2012 work session, the City Council launched the process of discussing a future voter-approved referendum in support of park development and renovation of Wakota Civic Arena. The initial discussion involved the development of the 2005 Master Plans of Kaposia Landing and McMorrow Field and the renovation of Wakota Civic Arena building and mechanical elements for inclusion in a voter-approved referendum. This discussion led to several design and analysis stages in preparation for a special election to be proposed including the hiring of professional design services, formal surveying of residents, tax impact analysis, and review by the Parks and Recreation Advisory Commission and city council. For the city council to recommend a special election, the planning documents and budget needed refinement in order to achieve the clearest plan and cost estimate to present to resident voters. The planning steps include:
1. Professional Services: a. City Survey: Decision Resources Inc. was hired in January 2013 to conduct a professional phone survey of 400 randomly selected residents. Residents were asked questions regarding city services including the future development and redevelopment of the park system. The results encouraged the continuation of planning for a special election in support of parks.
b. Wakota Civic Arena Remodel: In June 2012 RVK Architects was hired to design a remodel plan for replacement locker rooms and off-ice training facilities in Rink 1 at Wakota, initiating the formal design phase. After several design iterations the city council approved the final design on August 5, 2013. The approval included three mechanical improvement elements as part of the renovation: Conversion of the refrigeration system from R-22 Freon to an ammonia system, Desiccant dehumidification of Rink #2, and relocation of the glycol pipe coolant delivery and return system from underneath the concrete floor to a raised, accessible location.
c. Kaposia Landing and McMorrow Field Master Plan Updates: In February 2013, WSB Inc. was hired to update the Kaposia Landing and McMorrow Field Master Plans. Updating of the site designs and cost elements specific to Kaposia Landing and McMorrow Field were necessary to achieve the most accurate design and cost in today's market. Approval of the updated designs is tentative and will be presented at the August 19, 2013 city council meeting.
2. Referendum Cost: At the conclusion of the Kaposia Landing, McMorrow Field and Wakota Civic Arena design and planning phases, costs specific to the future construction and remodeling have been estimated and include: a. 2013 Kaposia Landing Master Plan cost estimate= $5,468,125
b. 2013 McMorrow Field Master Plan cost estimate= $2,389,463
c. Wakota Civic Arena: Remodel cost estimate = $1,178,300 Mechanical estimate = $ 980,000 $10,015,888 total
3. Residential Tax Impact Analysis: Based upon updated designs and cost, financial consulting of tax impact has been analyzed by Ehlers. The report shows the tax impact to residential home values in 10 price categories. This tax implication report on current housing values is reflective of a 20 year bond. The report is attached and shows and annual increase in property tax to the approximate median value home in South St. Paul valued at $150,000 as $98.23 annually or $8.18/month.
4. Park Referendum Special Election Date Selection: The city council has discussed options for election dates and has recommended calling for the special election date of Tuesday, February 11 , 2014. If approved, the City Clerk will begin the formal process for special election notice and programming with Dakota County and the State of Minnesota.
5. Public Education: Upon approval, city staff will commence the public education process, continued until the special election date.
After 16 months of planning and design, the Parks and Recreation Advisory Commission and staff are recommending to move forward with a special election in support of parks and Wakota Civic Arena. Improvement to the overall park system has not been supported by a voter-approved system-wide capital funding initiative for 23 years, since 1990. At this point in time we will take advantage of historically low interest rates, lessening the tax burden on our residents. Improvements to our park system will maintain the quality of life in our community and stabilizes housing values. The vote will be left to our residents on February 11, 2014.
Source of Funds:
Voter-approved referendum City of South St. Paul Dakota County, Minnesota
RESOLUTION NO. 2013-146
RESOLUTION CALLING FOR A SPECIAL ELECTION
WHEREAS, the South St. Paul City Council adopted a Parks Master Plan document in November 2005 to guide the future development and redevelopment of the South St. Paul park system; and
WHEREAS, in April 2012 the City Council initiated the process to seek funding for the execution of the Parks Master Plan specific to Kaposia Landing and McMorrow Field; and
WHEREAS, Wakota Civic Arena turned 50 years old in 2012 prompting the analysis of building improvements and mechanical upgrades; and
WHEREAS, in April2012 the City Council launched the process of planning for a future voter-approved referendum in support of park development and the renovation of Wakota Civic Arena; and
WHEREAS, in June 2012 RVK Architects was hired and completed designs and cost estimates for the building renovation of Wakota Civic Arena; and
WHEREAS, in January 2013 Decision Resources Inc. was hired and completed a city survey of 400 random residents regarding city services and future park development; and
WHEREAS, in February 2013 WSB Inc. was hired and updated the site designs and cost estimates of the Master Plan specific to Kaposia Landing and McMorrow Field; and
WHEREAS, at the conclusion of the Kaposia Landing, McMorrow Field and Wakota Civic Arena design and planning processes, costs specific to the future construction and remodeling have been estimated and include: a. 2013 Kaposia Landing Master Plan cost estimate = $5,468,125 b. 2013 McMorrow Field Master Plan cost estimate= $2,389,463 c. Wakota Civic Arena: Remodel cost estimate = $1,178,300 Mechanical estimate = $ 980,000 $10,015,888;and WHEREAS, the Parks and Recreation Advisory Commission has reviewed the updated Kaposia Landing and McMorrow Field Master Plan designs and cost and the Wakota Civic Arena building renovation design and mechanical improvements and provided recommendations to the City Council; and
WHEREAS, the City Council approved the final Wakota Civic Arena building renovation design and mechanical improvements on August 5, 2013; and
WHEREAS, the City Council approved the updated 2013 Kaposia Landing and 2013 McMorrow Field Master Plan designs on August 19, 2013 ; and
WHEREAS, the updated Park Master Plans and Wakota Civic Arena design and mechanical improvements achieve the refined design elements and cost estimations for inclusion in a future special election in support of parks; and
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of South St. Paul, Minnesota calls for a special election to take place on Tuesday, February 11 ,2014.
Adopted this 19th day of August, 2013 .
City Clerk Debt Issuance Services ~~~------
City of South St. Paul, Minnesota Estimated Tax Impact August 9, 2013
BOND ISSUANCE INFORMATION Bond Issue Amount $10,335,000 Number of Years 20 Average Interest Rate 4.23% Estimated Bond Rating S&P AA+ PROPERTY TAX INFORMATION Actual Net Tax Capacity · Payable 2013 10,431,778 Debt Levy@ 105%- Average 811 ,595
Estimated Tax Capacity Rate: Payable· 2013 Without Proposed Bonds 63.280% Payable - 2013 With Proposed Bonds 71.060% Estimated Tax Rate Increase 7.780%
TAX IMPACT ANALYSIS Estimated Market Value Taxable Net Tax Current Proposed Proposed Type of Property Market Value Exclusion Market Value Capacity City Tax Tax Increase• City Tax $ 50,000 $ 20,000 $ 30,000 $ 300 $ 189.84 $ 23.34 $ 213.18 75,000 30,000 45,000 450 284.76 35.01 319.77 100,000 28,240 71 ,760 718 454.10 55.83 509.93 125,000 25,990 99,010 990 626.54 77.03 703.57 Residential 150,000 23,740 126,260 1,263 798.97 98.23 897.20 Homestead 175,000 21,490 153,510 1,535 971.41 119.43 1,090.84 200,000 19,240 180,760 1,808 1,143.85 140.63 1,284.48 225,000 16,990 208,010 2,080 1,316.29 161.83 1,478.1 2 250,000 14,740 235,260 2,353 1,488.73 183.03 1,671.76 300,000 10,240 289,760 2,898 1,833.60 225.43 2,059.04 $ 100,000 $ . $ 100,000 $ 1' 112 $ 703.62 $ 86.51 $ 790.13 200,000 . 200,000 2,409 1,524.52 187.43 1,711.95 Commercial/Industrial 300,000 . 300,000 3,892 2,462.69 302.78 2,765.46 400,000 . 400,000 5,374 3,400.85 418.12 3,818.97 500,000 . 500,000 6,857 4,339.02 533.46 4,872.48 1,000,000 . 1,000,000 14,270 9,029.85 1,110.18 10,140.03 Apartments $ 200,000 $ . $ 200,000 $ 2,500 $ 1,582.00 $ 194.50 $ 1,776.50 (4 or more units) 300,000 . 300,000 3,750 2,373.00 291 .75 2,664.75 500,000 . 500,000 6,250 3,955.00 486.25 4,441.25 $ 150,000 $ 23,740 $ 126,260 $ 1,381 $ 874.09 $ 107.47 $ 981 .55 400,000 23,740 376,260 2,631 1,665.09 204.72 1,869.80 Agricultural 500,000 23,740 476,260 3,131 1,981.49 243.62 2,225.10 Homestead ·• 600,000 23,740 576,260 3,631 2,297.89 282.52 2,580.40 800,000 23,740 776,260 4,631 2,930.69 360.32 3,291.00 1,000,000 23,740 976,260 5,631 3,563.49 438.12 4,001.60 Agricultural $ 1,500 $ . $ 1,500 $ 15 $ 9.49 $ 1.17 $ 10.66 Non-Homestead 2,000 . 2,000 20 12.66 1.56 14.21 (dollars per acre) 2,500 . 2,500 25 15.82 1.95 17.77 $ 100,000 $ . $ 100,000 $ 1,000 $ 632.80 $ 77.80 $ 710.60 Seasonal/Recreation 200,000 . 200,000 2,000 1,265.60 155.60 1,421.20 Residential 300,000 - 300,000 3,000 1,898.40 233.40 2,131 .80 400,000 - 400,000 4,000 2,531 .20 311.20 2,842.40
* The figures in the table are based on taxes for new bonded debt only, and do not include tax levies for other purposes. Tax increases shown above are gross increases, not including the impact of the state Property Tax Refund ("Circuit Breaker") program. Many owners of homestead property will qualify for a refund, based on their income and total property taxes. This will decrease the net tax effect of the bond issue for many property owners.
Prepared by Ehlers 8/9/201 3 City of South St Paul, Minnesota $10,335,000 General Obligation Bonds, Series 2014 20 Year Term Current Market Non BQ AA+ Rates + 50 bps
Sources & Uses
Dated 05/01/2014 1 Delivered 05/01/2014
Sources Of Funds Par Amount of.::B.::.:onc..::d:.:..s ______$_10.3]5,000.00 _
Total Sources $10,33S,_QOO.OO
Uses Of Funds Total Underwriter's Discount _(0.800%) ---~2,6 80 . 0Q Costs of lssuance:.,.,--,---:-::-:-:::-=------:--- --- 64,000.00 Deposit to Capitalized Interest (CIF) Fund 285,525.00 Deposit to Project Constructign .fund 9,900,000.00 Rounding Amount 2,795.00
Total Uses --- - - $10,33_5,000.00
Ser 2014 S9.9MM GO Bonds I SINGLE PURPOSE I 8/9/2013 I 9:43AM City of South St Paul, Minnesota $1 0,335,000 General Obligation Bonds, Series 2014 20 Year Term Current Market Non BQ AA+ Rates+ 50 bps
Debt Service Schedule
Date Principal Coupon Interest Total P+l CIF Net New DIS 105% of Total 02/01 /2015 285,525.00 285,525.00 (285,525.00) 02/01/2016 395,000.00 1.000% 380,700.00 775,700.00 775,700.00 814,485.00 02/01/2017 395,000.00 1.300% 376,750.00 77 1,750 00 771 ,750.00 810,337.50 02/01 /2018 400,000.00 1.600% 371 ,615.00 771 ,61 5.00 771,615.00 810,195.75 __;;0=2/..:.0.:..:.l/2=.:0:...:1..:...9 _ _ ___;4..:...1o"' .oo:...:..:...o:.c..o ..:...o__ :..cl .9--'0-'-0'l'""Yo__ -' 3--'6"-'5,._2'""15""'.o___o __ 775.215.00 775,215.00 813,975,75 02/0112020 415,000.00 2.250% 357,425.00 772,425.00 772,425.00 81 1,046.25 02/01/2021 425,000.00 2.700% 348,087.50 773,087.50 773,087 50 811 ,741.88 02/01/2022 435,000.00 3.000% 336,612 50 771,612.50 771 ,612.50 810,193.13 02/01/2023 450,000.00 3.350% 323,562.50 773,562.50 773,562.50 812,240.63 02/01/2024 465,000.00 3.500% 308,487.50 773,487.50:..__ ___ 773.4 8..:...7 ·c:..5o=------=8:.o:l2,t6 1. s 8 02/0 112025 480,000.00 3600% 292,212.50 772,212.50 772,2 12.50 810,823.13 02/0112026 500,000.00 3.800% 274,932.50 774,932.50 774,932.50 813,679.13 02/0112027 51 5,000.00 3.950% 255,932.50 770,932.50 770,932.50 809,479.13 02101/2028 540,000.00 4.350% 235,590.00 775,590.00 775,590.00 814 ,369.50 02/01/2029 560,000.00 4.500% 212,100.00 772,100.00 -~00.:._00 810,705.00 02101/2030 585,000.00 4.600% 186,900.00 771 ,900.00 771 ,900.00 810,495.00 02/01/2031 615,000.00 4.650% 159,990.00 774,990.00 774,990.00 813,739.50 02/01/2032 640,000.00 4.700% 131,392.50 771 ,392.50 771,392.50 809,962.13 02/01/2033 670,000.00 4.750% 101,312.50 771,312.50 771 ,312.50 809,878.13 02/0 1/2034 705 ,000.9Q 4.800% ___ 69,487.5Q. ___ ..:...77.:._:4,4!_?_.5_0 ______774, 487.50 813,211.88 02/01/2035 735,000.00 4.850% 35,647.50 770,647.50 770,647.50 809,179.88 Total Sl0,335,000.00 $5,409,477.50 $15,744,477.50 (285,525.00) Sl5,458,952.50 $16,231,900.13
Significant Dates
Dated 5/01/2014 - - - ______::. 2:..::_/01/201 5
Yield Statistics
Bond Year Dollars $128,221.25 Average Life 12.407 Years Average Coupon ___4= 2 1 88~_1 9_%
Net Interest Co~t (J:-IlC) 4.2833442% J rue Interest Cost (fI C) 4.2302361% Bond Yield fo r Arbitrage Purposes __.:..:.4 ·.:.;.14,__,43 040% All Inclusive Cost ~--_------4.2974340%
Ser2014 $9.9MMGOBonds I SINGLE PURPOSE I 819/2013 ] 9:43AM Cit~ of South St Paul, Minnesota $1 0,335,000 General Obligation Bonds, Series 2014 20 Year Term Current Market Non BQ AA+ Rates + 50 bps
Debt Service Schedule
Date Principal Coupon Interest Total P+l CIF Net NewD/S 105% of Total Fiscal Total 05/0 1120 14 02/01n015 285,525.00 285,525.00 (285,525.00) 08/01/2015 190,350.00 190,350.00 190.350.00 199,867.50 02/0112016 395,000.00 1.000% 190,350,00 585.350.00 585,350.00 6 14,6 17.50 8 14,485.00 08/01120 16 188,375.00 188,375.00 - 188.375.00 197,]~~ - 02/0112017 395.000.00 1.300% 188,375.00 583,375.00 583.375 00 61 2,543.75 810,337.50 08/0112017 185,807.50 185,807.50 185,807.50 195.097.88 02/0112018 400,000.00 1.600% 185,807.50 585,807.50 585,807.50 6 15.097.88 810,195.75 08/01/2018 182.607.50 182,607 50 182,607.50 191,737.88 02/0 112019 4 10,000.00 1. 9 000/~ -- 182.607 so 592.607.50 592.607.50 ~,237 . 88 813,27~ 08/01/2019 178,712.50 178,712.50 178,712.50 187,648.13 02/0112020 415.000.00 2.250% 178.712.50 593,7 12.50 593.71 2.50 623.398.13 811,046.25 08/01 /2020 174,043.75 174,043.75 174,043.75 182,745.94 02/0 1/2021 425.000.00 2.700% 174,043.75 599,043.75 599,043.75 628,995.94 8 11,741.88 08/011202 1 168.306.25___ !§8 .306.25 !68.306.25 - 176,72156 02101/2022 435,000.00 3.000% 168,306.25 603,306.25 603,306.25 633,471.56 810,193. 13 08101 /2022 16 1,781.25 161,781.25 161.78 1.25 169,870.31 02/01 /2023 450,000.00 3.350% 161.78 1.25 611.781 25 6 11,781.25 642,370.31 812,240.63 08/01/2023 154,243.75 154.243.75 154,243.75 161,955 94 02/0 112024 465,000.00 3.500% 154 .~13 75 619. 2~3 .7 5 ___ _ _ 6_!9~ 650,205.94 8}2,161.88 08/0112024 146, 106 25 146, 106.25 146,106.25 153.411.56 02/01 /2025 480,000.00 3.600% 146, 106.25 626, 106.25 626.106.25 657.4 11.56 8 10.823.13 08/0112025 137.466.25 137,466.25 137,466.25 144,339.56 02/01/2026 500.000.00 3.800% 137,466.25 637,466.25 637,466.25 669,339.56 8 13,67913 08/01/2026 ______127 ,2£~. 25 __ 127,966}_5_ __ - ---- _g7,9~~ ---- 134,364.56_ 02/0112027 5 15,000.00 3.950% 127,966.25 642,966.25 642,966.25 675. 114.56 809,479.13 08/0112027 117,795.00 11 7,795.00 117.795.00 123.684.75 02/0112028 540,000.00 4 .350% 117,795.00 657,795.00 657,795.00 690,684.75 8 14,369.50 08/01/2028 106,050.00 106,050.00 106,050.00 111 ,352.50 02/0 1/2029 560.0QO.OO 4.500% 106,050.00 666,050.00 666.05.Q,QQ____ 699,352.50 8 10,705.00 08/01/2029 93,450,00 93.450.00 93,450.00 98,122.50 02/01/2030 585,000.00 4.600% 93,450.00 678,450.00 678,450.00 712,372.50 8 10,495.00 08/01 /2030 79,995 00 79.995.00 79,995.00 83,994.75 02/0 1/2031 615.000.00 4.650% 79,995.00 694,995.00 694,995.00 729,744.75 813,739.50 08/01/2031 65,696.25 65,696.25 . 65.696.25 -~981.06____ 02/0 1/2032 640,000.00 4 .700% 65,69625 705.696.25 705,696.25 740,981.06 809,962.13 08/01/2032 50,656.25 50,656.25 50,656.25 53,189.06 02/01/2033 670,000.00 4 .750% 50.656.25 720,656.2 5 720,656.25 756.689.06 809,878.1 3 08/0112033 34,743.75 34,743.75 34,743.75 36,480 94 02/0 1/2034 705,000.00 4.800% 34,743.75 739,743.75 739,743.75 - 776.730.94 813,21 1.81! 08/01/2034 17.823.75 17.823.75 17.823.75 18,714.94 0210112035 735,000.00 4 .850% 17,823.75 752,823 75 752,823.75 790,464.94 809, 179.88 T otal Sl0,3J5,000.00 S5,409,477.50 Sl5,744,477.50 (285,525.00) $15,458,952.50 s 16,231,900.13
Significant Dates
Dated 5/0 1/2014 First Coupon Dat• ~----- 2/0 1/2015
Yield Statistics
Bond Year Dollars __ SJ28.£~1.25 Average Life ____,_ 1::·2 '!07 Years Average Coupon 4.2188619%
Net l ntc r~c;~g_~I C) 4.2833442% Tru e Interest Cost {TIC) 4 . 23023~_l'y._ Bond Yield for Arb itrag~ P_urposcs ______i.[44 3040% All Inclusive Cost (AI C) 4.2974340% --- -· ~ -
Ser2014 $9 9MM GO Bonds I SINGLE PURPOSE I 8/912013 I 9-43AM City Council Agenda Report Date: August 19, 2013 ft[j-:r• Department: City Clerk Administrator: ~
Agenda Item: Ordinance Changing Business Renewal Term
Action to be considered:
Motion to adopt ORDINANCE NO. 1271 -AN ORDINANCE AMENDING CHAPTER 18 ARTICLE 11 OF THE SOUTH ST PAUL CITY CODE OF 2007 RELATED TO LICENSE TERMS and authorize its publication.
Overview:
As part of the rental housing license process, the property owner is required to conduct an inspection of their property. The housing inspection is conducted by a City licensed housing evaluator and the evaluator must follow the rental housing guidelines that have been adopted by the City Council.
Areas of the property that are inspected include the exterior of the house such as the foundation and roof. When a property owner submits their rental renewal application, they must provide a copy of a valid rental inspection. Over the past few years staffhas found several instances where the evaluator could not inspect the roof during the winter months and was unable to provide a complete inspection. 5 Staff feels that by changing the license term to expire on May 31 \ evaluators will be able to complete the appropriate inspection as there are several inspections that expire during the winter months.
The current renewal license period for all business licenses expire on March 31st . Staff is proposing that the expiration for business licenses, including rental, expire on May 3 1st. Attached is the ordinance that would change the expiration date for business licenses (does not include intoxicating liquor or animal licenses).
This ordinance for introduced for its first reading on August 5, 2013. If approved, staff will be notifying all current business and rental license holders of this change.
Source of Funds: n/a CITY OF SOUTH ST. PAUL
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 1271
AN ORDINANCE AMENDING CHAPTER 18 ARTICLE II OF THE SOUTH ST. PAUL CITY CODE OF 2007 RELATING TO LICENSE TERMS
The City Council of the City of South St. Paul does ordain:
SECTION 1. AMENDMENT. South St. Paul City Code Chapter 18 Article II Section 18-27 is hereby amended as follows:
Unless otherwise provided in this Code for intoxicating liquor licenses (section 6-77) and animal licenses (subsection 15-22(d)), all licenses expire on March 31May 31 of each year. Where the issuance of licenses for periods of less than one year is permitted, the effective date of the license is the date of issuance.
SECTION 2. For all existing business licenses, with the exception of Intoxicating Liquor and Animal licenses, renewal license applications shall be due May 31 , 2014. Businesses will be given a grace period from March 31, 2014 to May 31 , 20 14 during which time no license or license fees will be required. However, all business license applications must be submitted by April 30, 2014 for the renewal to coincide with the new license term beginning June 1.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law.
Approved: ------' 2013
Published: ______, 2013
Attest:
Christy Wilcox, City Clerk I'Ai City Council Agenda Report ~ Date: August 19, 2013 r.:w::. • Department: E~.· Administrator: ee7t
Agenda Item: Approve Grant Agreement with State of Minnesota for Levee Extension Study and Pre-design
Action to be considered:
Approve Resolution 2013-135 RESOLUTION APPROVING GRANT AGREEMENT BETWEEN THE CITY AND THE STATE OF MINNESOTA FOR LEVEE EXTENSION STUDY AND PRE-DESIGN.
Overview:
The 2012 legislature awarded the City of South St. Paul a $500,000 matching grant to study and perform pre-design work on a levee extension that would protect the portion of South St. Paul south of 1-494 that is currently not protected by a federal levee.
The City recently awarded Phase 1 of the levee extension to Barr Engineering in the amount of $38,500. Subsequent phases of the levee extension will be considered as each phase is completed.
As you will note in the "Source & Use of Funds" section of the grant, the amount shown is $497,500 - that is because the state office (DEED) administering the grant is allowed $2500 for administering the grant funds.
The City Attorney has reviewed the grant and found it to be acceptable.
Source of Funds:
The grant is for a total of $500,000 and requires a 50/50 match on behalf of the City. The City Council has yet to decide the source of the City's matching funds. Possible sources are tax increment monies, capital project funds, storm water fund, unencumbered tax increment proceeds, or other yet to be determined sources. City of South St. Paul Dakota County, Minnesota
RESOLUTION NO. 2013-135
RESOLUTION APPROVING A GRANT AGREEMENT BETWEEN THE CITY AND THE STATE OF MINNESOTA FOR LEVEE EXTENSION STUDY & PRE-DESIGN
WHEREAS, the City Council has reviewed and considered an agreement between the City and the State of Minnesota, with respect to study and pre-design of a levee extension in South St. Paul and related matters (the "Agreement");
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South St. Paul, Minnesota, as follows:
1. That the Agreement and the transactions contemplated thereby be, and are, hereby approved.
2. That the Mayor and the City Clerk are hereby authorized and directed to execute and deliver the Agreement in the name and on behalf of the City.
Adopted this 19th day of August, 2013.
City Clerk General Obligation Bond Proceeds
Grant Agreement Pre-Design or Design Grant for the South St. Paul Floodwall Extension Project
SPAP-12-0012- P-FY13
SPAP-l2-00!2-P-FY13 Generic GO Grant Agreement Ver - 2/16/1 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) TABLE OF CONTENTS
RECITALS
ARTICLE I - DEFINITIONS Section 1.01 - Defined Terms
ARTICLE II- GRANT Section 2.01- Grant of Monies Section 2.02- Use of Grant Proceeds Section 2.03- Completion ofPredesign/Design Activities Section 2.04 - Public Entity Representations and Warranties Section 2.05 - Modification and/or Early Termination of Grant Section 2.06 - Results of Predesign/Design Activities Section 2.07 - Excess Funds
ARTICLE III - ACQUISITION, CONSTRUCTION AND USE OF ANY REAL PROPERTY AND FACILITY Section 3.01 -Applicability Section 3.02-Additional Defined Terms Section 3.03 -Public Ownership Section 3.04- State Bond Financed Property Section 3.05 - Execution and Delivery of Declaration Section 3.06 - Real Property/Facility Lease or Easement Section 3.07 - Public Entity Representations and Warranties Section 3.08 - Operation of any Real Property and Facility Section 3.09 - Use Contracts Section 3.10 - Receipt of Monies Under a Use Contract Section 3.11 -Sale Section 3.12 -Proceeds of a Sale Section 3.13 - Effect of Sale Section 3.14 - Insurance Section 3.15 - Condemnation Section 3.16 - Use, Maintenance, Repair and Alterations Section 3.17 - Inspection by State Entity Section 3.18 - Applicability to Real Property and Facility
ARTICLE IV - EVENTS OF DEFAULT AND REMEDIES Section 4.01 - Event(s) ofDefault Section 4.02- Remedies Section 4.03 - Notification of Event of Default Section 4.04 - Survival of Event of Default
ARTICLE V- DISBURSEMENT OF GRANT PROCEEDS Section 5.01 - The Advances Section 5.02- Draw Requisitions Section 5.03- Additional Funds
SPAP-1 2-0012-P-FY13 Generic GO Grant Agreement V cr - 211611 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) Section 5.04 - Condition Precedent to Any Advance
ARTICLE VI- MISCELLANEOUS Section 6.01- Changes to G.O. Compliance Legislation or the Commissioner's Order Section 6.02- Preservation ofTax Exempt Status Section 6.03- Records Keeping and Reporting Section 6.04- Data Practices Section 6.05 - Non-Discrimination Section 6.06- Worker's Compensation Section 6.07- Antitrust Claims Section 6.08- Prevailing Wages Section 6.09 - Liability Section 6.1 0 - Indemnification by the Public Entity Section 6.11 - Relationship of the Parties Section 6.12 - Notices Section 6.13 -Binding Effect and Assignment or Modification Section 6.14- Waiver Section 6.15 -Entire Agreement Section 6.16- Choice of Law and Venue Section 6.17- Severability Section 6.18- Time ofEssence Section 6.19- Counterparts Section 6.20 - Matching Funds Section 6.21- Source and Use of funds Section 6.22- Predesign/Design Activities Completion Schedule Section 6.23 -Third-Party Beneficiary Section 6.24- Public Entity Tasks Section 6.25- State Entity and Commissioner ofMMB Acts and Approvals Section 6.26- Term of Grant Agreement Section 6.27- Additional Requirements
Attachment I-Disbursement Requirements and Schedule Attachment II - Source and Use of Funds. Attachment III - Predesign/Design Activities Completion Schedule
SPAP-12-001 2-P-FY 13 Generic GO Grant Agreement 11 Ver - 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) General Obligation Bond Proceeds
Grant Agreement Predesign or Design Grant for the South St. Paul Floodwall Extension Project
THIS AGREEMENT shall be effective as of May 12, 2012, and is between the City of South St. Paul, a Home Rule Charter City (the "Public Entity"), and the Minnesota Department of Employment and Economic Development (the "State Entity").
RECITALS
A. Under the provtswns contained in Minnesota Session Laws 2012, Chapter 293, Section 21, Subdivision 8 (the "G.O. Bonding Legislation), the State of Minnesota has allocated $500,000 (the "G.O. Grant") to the Public Entity as a grant to finance all or a portion of the following activities: predesign and design, including preliminary engineering evaluations to determine the environmental impact, exact location, and design features of a flood wall extension on the west shore of the Mississippi River from the area of Interstate Highway 494 to the southern border of South St. Paul (the "Predesign/Design Activities").
B. The provisions contained in Minnesota Statute 421.021 grant the Public Entity the authority to perfonn the Predesign/Design Activities.
C. Under the provisions contained in Minnesota Statute 421.021, the Public Entity has been given the authority to construct, reconstruct, extend, and maintain dikes and other flood control works; (the "Governmental Program").
D. The purpose of the Predesign/Design Activities is to provide the Public Entity with information regarding the acquisition of an ownership interest in and betterment of land and structures that could be used by the Public Entity to operate the Governmental Program or such other programs that it has statutory authority to operate and that have been or will be approved by the Minnesota legislature.
E. The monies allocated to fund the grant to the Public Entity are proceeds of state general obligation bonds authorized under Article XI, § 5(a) of the Minnesota Constitution.
F. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Public Entity.
IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows.
Article I DEFINITIONS
SP AP-12-0012-P-FY13 Generic GO Grant Agreement 1 Ver - 2116/ 10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (such meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the contents specifically indicates otherwise:
"Advance(s)" - means an advance made or to be made by the State Entity to the Public Entity and disbursed in accordance with the provisions contained in Article V hereof.
"Agreement" - means this General Obligation Bond Proceeds Grant Agreement Predesign or Design Grant for the South St. Paul Floodwall Extension Project, as such exists on its original date and any amendments, modifications or restatements thereof.
"Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto.
"Commissioner of MMB" - means the commissioner of the Minnesota Department of Management and Budget, and any designated representatives thereof.
"Commissioner's Order" - means that certain "Second Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated March 9, 2010.
"Draw Requisition" - means a draw requisition that the Public Entity, or its designee, will submit to the State Entity when an Advance is requested, and which is referred to in Section 5.02.
"Event ofDefault"- means those events set forth in Section 4.01.
"G.O. Bonding Legislation" - means the legislation delineated m Recital A hereinabove as the G.O. Bonding Legislation.
"G.O. Bonds"- means that portion of the state general obligation bonds, issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the G.O. Grant, or any bonds issued to refund or replace such bonds.
"G.O. Compliance Legislation" - means Minn. Stat. § 16A.695, as it may subsequently be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right.
"G.O. Grant" - means a grant of monies from the State Entity to the Public Entity in the amount identified as the "G.O. Grant" in Recital A to this Agreement, as the amount thereof may be modified under the provisions contained herein.
SPAP- I 2-00 I 2-P-FY I 3 Generic GO Grant Agreement 2 Ver - 2/16110 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) "Governmental Program"- means the operation of any real property or facility for the purpose specified and identified in Recital C of this Agreement as the Governmental Program.
"Predesign!Design Activities" means the activities identified as the Predesign/Design Activities in Recital A of this Agreement.
"Public Entity" - means the entity identified as the "Public Entity" in the lead-in paragraph of this Agreement.
"State Entity" - means the entity identified as the "State Entity" m the lead-in paragraph of this Agreement.
Article II GRANT
Section 2.01 Grant of Monies. The State Entity shall make and issue the G.O. Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement. The G.O. Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of MMB under certain circumstances.
Section 2.02 Use of Grant Proceeds. The Public Entity shall use the G.O. Grant solely to perform, complete and pay for the Predesign/Design Activities.
Section 2.03 Completion of Predesign/Design Activities. The Public Entity shall diligently pursue and complete, or cause to be completed, the Predesign/Design Activities and pay all of the costs related thereto.
Section 2.04 Public Entity Representations and Warranties. The Public Entity covenants with and represents and warrants to the State Entity as follows:
A. It has legal authority to enter into, execute and deliver this Agreement, and it has taken all actions necessary to its execution and delivery of this Agreement.
B. It has legal authority to perform the Predesign/Design Activities.
C. It has legal authority to operate the Governmental Program.
D. This Agreement is a legal, valid and binding obligation of the Public Entity enforceable against the Public Entity in accordance with its terms.
E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties contained in this Agreement.
SPAP-12-0012-P-FY13 Generic GO Grant Agreement 3 Ver - 2/16110 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) F. It will comply with all of the provisions and requirements contained in and imposed by he G.O. Compliance Legislation, the Commissioner's Order, and the G.O. Bonding Legislation.
G. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner ofMMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant is and will be true and correct.
H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority, against or affecting it relating to the Predesign!Design Activities, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement or to perforn1 any of the acts required of it in this Agreement.
I. Neither the execution and delivery of this Agreement nor compliance with any of the terms, conditions, requirements, or provisions contained herein is not prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound.
J. It will use the G.O. Grant solely to reimburse itself for expenditures it has already made, or will make, to perform and complete the Predesign/Design Activities or to pay for the completion of the Predesign/Design Activities.
K. The Predesign/Design Activities will be performed and completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Predesign/Design Activities.
L. It has complied with the matching funds requirement, if any, contained m Section 6.20.
M. It will complete and fully pay for the Predesign/Design Activities.
N. It will supply, or cause to be supplied, whatever funds that are needed above and beyond the amount of the G.O. Grant to complete and fully pay for the Predesign/Design Activities.
0. It will furnish to the State Entity as soon as possible and in any event within 7 calendar days after the Public Entity has obtained knowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default, or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and the action which the Public Entity proposes to take with respect thereto. SP AP-12-0012-P-FYB Generic GO Grant Agreement 4 Ver- 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) P. It will promptly notify both the State Entity and the Commissioner of MMB if and when it acquires an ownership interest in or improves any real property, or acquires an ownership interest in or improves, renovates, rehabilitates, or newly constructs any facility, which are acquired or bettered, in whole or in part, as a result of or that benefits from the Predesign/Design Activities.
Q. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested in writing by either the State Entity or the Commissioner ofMMB.
Section 2.05 Modification and/or Early Termination of Grant. If the Predesign/Design Activities are not started on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the State Entity may agree in writing, then the State Entity's obligation to fund the G.O. Grant shall terminate, and, in such event, (i) if none of the G.O. Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the G.O. Grant shall terminate and this Agreement shall also tenninate and no longer be of any force or effect, and (ii) if some but not all of the G.O. Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding for the G.O. Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the G.O. Grant that was actually disbursed as of such date.
In addition, if all of the G.O. Grant has not been disbursed on or before the date that is 4 years from the date on which the Predesign/Design Activities was started, or such later date as the Public Entity and the State Entity may agree to in writing, then the State Entity's obligation to continue to fund the G.O. Grant shall terminate and in such event (y) if none of the G.O. Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the G.O. Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (z) if some but not all of the G.O. Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding under the G.O. Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount ofthe G.O. Grant that was actually disbursed as of such date.
In the event that the legislation that authorized the G.O. Grant is amended to increase or reduce the amount of the G.O. Grant, or in any other way, then this Agreement shall be deemed to have been automatically modified in accordance with such amendment and the amount of the G.O. Grant shall also be automatically modified in accordance with such amendment.
Section 2.06 Results of Predesign!Design Activities. The Public Entity shall be the sole owner of any and all plans, specifications, studies, concepts, ideas, plans, and any other work product that is generated as a result of or emanates from the Predesign/Design Activities, and the Public Entity may not, without the prior written consent of the State Entity and the Commissioner of MMB, sell or transfer any of such items to any other entity or allow any other entity to use any of such items or obtain any benefit therefrom.
SPAP-12-0012-P-FYI3 Generic GO Grant Agreement 5 Ver -2116/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) Section 2.07 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in Section - are not needed to complete the PreDesign/Design Activities, 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 ACQUISITION, CONSTRUCTION AND USE OF ANY REAL PROPERTY AND FACILITY
Section 3.01 Applicability. The provisions contained in this Article III are in addition to and not in replacement of the other provisions contained in this Agreement, and shall only apply to any real property or facility in which the Public Entity acquires an ownership interest at some time in the future or benefits from the Predesign!Design Activities. If the Public Entity never acquires an ownership interest in any such real property or facility, then this Article III shall have no effect and be ignored.
Section 3.02 Additional Defined Terms. The following defined terms apply to the provisions contained in this Article III, are in addition to the defined terms contained in Section 1.01, and shall have the meanings set out respectively after each (such meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the contents hereof specifically indicate otherwise:
"Approved Debt"- means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds.
"Counterparty" - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies ifthe Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as i(it were left blank and any reference to this term in this Agreement shall be ignored and treated as i(the reference did not exist.
"Declaration" - means a declaration or declarations and all amendments thereto, in form and substance acceptable to the Commissioner of MMB, indicating that the Public Entity's ownership interest in any Real Property and, if applicable, Facility, will be bond financed property within the meaning of the G.O. Compliance Legislation and will be subject to certain restrictions imposed by this Agreement.
"Facility" - means any structure in which the Public Entity acquires an ownership interest that is acquired or bettered as a result of or benefits from the Predesign/Design Activities.
"Fair Market Value"- means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value SP AP-1 2-00 12-P-FY 13 Generic GO Grant Agreement 6 Ver-2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser.
"Initial Acquisition and Bettennent Costs" - means the cost to acquire the Public Entity's ownership interest in Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs ofbetterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner ofMMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount.
"Leased/Easement Premises" - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity 's ownership interest in the Real Property, the Facility, if applicable, or both is by way ofa leasehold interest under a Real Property/Facility Lease or by way ofan easement. For all other circumstances this definition is not needed and should be ignored and treated as i(it were left blank, and any reference to this term in this Agreement shall be ignored and treated as i[the reference did not exist.
"Lessor/Grantor" - means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as i(it were left blank, and any reference to this term in this Agreement shall be ignored and treated as i[the reference did not exist.
"Outstanding Balance ofthe G.O. Grant"- means the portion of the G.O. Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously paid back to the Commissioner of MMB.
"Ownership Value", if any - means the value, if any, of the Public Entity's ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity's acquisition of such ownership interest. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner ofMMB.
"Real Property" - means any real property in which the Public Entity acquires an ownership interest that is acquired or bettered as a result of or benefits from the Predesign/Design Activities.
"Real Property/Facility Lease" - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is a leasehold interest under a lease. For all other SPAP- 12-0012-P-FY 13 Generic GO Grant Agreement 7 Ver - 2/16110 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) circumstances this definition is not needed and should be ignored and treated as ifit were le(t blank, and any reference to this term in this Agreement shall be ignored and treated as ifthe reference did not exist.
"Subsequent Betterment Costs" - means the costs ofbetterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner ofMMB.
"Use Contract" - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another p arty under which such other party will operate the Real Property and/or, if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as ifit were left blank, and any reference to this term in this Agreement shall be ignored and treated as ifthe reference did not exist.
"Useful Life of the Real Property and, if applicable, Facility"-means (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments completed in conjunction with the original acquisition thereof.
Section 3.03 Public Ownership. The Public Entity acknowledges and agrees that the G.O. Grant is being funded with the proceeds ofG.O. Bonds, and as a result thereof if and when the Public Entity acquires an ownership interest in any Real Property and, if applicable, Facility, such ownership interest must be by way of:
A. A fee interest;
B. A Real Property/Facility Lease that complies with the requirements contained in Section 3.06; or
C. An easement that complies with the requirements contained in Section 3.06.
Section 3.04 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity's ownership interest in any Real Property and, if applicable, Facility will be "state bond financed property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore, the provisions contained in such statute and order will apply to the Public Entity's ownership interest in any Real Property and, if applicable, Facility and any Use Contracts relating thereto.
SP AP-12-00 12-P-FY 13 Generic GO Grant Agreement 8 Ver- 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) Section 3.05 Execution and Delivery of Declaration. Promptly upon the Public Entity's acquisition of an ownership interest in any Real Property and, if applicable, Facility, the Public Entity shall promptly execute, record in the appropriate office, and deliver a Declaration to the State Entity with all of the recording information displayed thereon.
Section 3.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank. and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist.
A. A Real Property/Facility Lease or easement must comply with the following provisions:
1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner ofMMB.
2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law.
3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into.
4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof.
5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 3.08.
6. It must not contain any provisions that would limit or impair the Public Entity's operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 3.08.
7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor's/Grantor's ownership interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or SPAP- 12-00 12-P-FY13 Generic GO Grant Agreement 9 Yer - 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement.
8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement.
9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity' s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee.
10. It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination to sell its ownership interest therein, and allow such ownership interest to be transfened to the purchaser of such ownership interest.
11. It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner ofMMB.
12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement.
B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section.
C. The expiration of the tenn of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the G.O. Grant, and upon such expiration the Public Entity's ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement.
D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and SPAP-12-00I2-P-FYI3 Generic GO Grant Agreement 10 Ver- 21!6/ 10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof.
Section 3.07 Public Entity Representations and Warranties. With respect to the Public Entity's acquisition of an ownership interest in any Real Property or, if applicable, Facility the Public Entity covenants with and represents and warrants to the State Entity as follows:
A. As of the date of this Agreement it has legal authority to enter into, execute, record, and deliver a Declaration, and it will not take any action that will revoke or impair such authority or impair its ability to enter into, record, or deliver a Declaration.
B. As of the date of this Agreement it has legal authority to operate the Real Property and, if applicable, the Facility in accordance with the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner's Order, the G.O. Bonding Legislation, and the Governmental Program.
C. It will promptly take all actions necessary to its execution, recording, and delivery of a Declaration.
D. After a Declaration has been executed it will be a legal, valid, and binding obligation of the Public Entity enforceable against the Public Entity in accordance with its terms.
E. Its acquisition of an ownership interest in and, if applicable, improvement of any Real Property and, if applicable, acquisition of an ownership interest in, improvement, renovation, rehabilitation, or new construction of any Facility will be performed in full and complete compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over any Real Property or, if applicable, Facility.
F. It will obtain all applicable licenses, permits, and bonds required for its acquisition of an ownership interest in and, if applicable, improvement of any Real Property and, in addition and if applicable, its acquisition, improvement, renovation, rehabilitation, or new construction of any Facility.
G. Its use of any Real Property and, if applicable, Facility will be in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the use of such Real Property and, if applicable, Facility.
H. It will obtain all licenses, pennits, and bonds required for its use of any Real Property and, if applicable, Facility.
I. In its acquisition of an ownership interest in and, if applicable, improvement of any Real Property and, in addition and if applicable, its acquisition of an ownership interest in, improvement, renovation, rehabilitation, or new construction of any Facility it will SPAP-12-0012-P-FY13 Generic GO Grant Agreement 11 Ver-2/ 16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) comply with all of the terms contained in and imposed by this Agreement, a Declaration, the G.O. Compliance Legislation, the Commissioner's Order, the G>O. Bonding Legislation, and the Governmental Program.
J. It will fully enforce the terms and conditions contained in any Use Contract.
K. It will not allow any lien or encumbrance that is prior and superior to a Declaration to be created or imposed upon any Real Property and, if applicable, Facility whether such lien or encumbrance is voluntary or involuntary and including, but not limited to, a mechanic's lien or a mortgage lien, without the prior written consent of both the State Entity and the Commissioner ofMMB.
L. As of the date of this Agreement it is not in violation of any of the provisions of its charter or of the laws of the State of Minnesota that would (i) prohibit it from entering into, recording, and delivering a Declaration, (ii) affect its ability to acquire an ownership interest in and better any Real Property or operate any Real Property for the purpose delineated in Section 3.08, or (iii) affect its ability to acquire an ownership interest in, improve, renovate, rehabilitate, or newly construct any Facility or operate any Facility for the purpose delineated in Section 3.08. In addition, it will not take any action that would be in violation of such charter or laws that would prohibit or prevent it from perfonning such acts.
M. As of the date of this Agreement there are no actions, suits, or proceedings pending, or to its knowledge threatened, before or by any judicial body or governmental authority, against, or affecting it that would (i) prohibit it from entering into, recording, and delivering a Declaration, (ii) affect its ability to acquire an ownership interest in and, if applicable, improve any Real Property or operate any Real Property for the purpose delineated in Section 3.08, or (iii) if applicable, affect its ability to acquire, improve, renovate, rehabilitate, or newly construct any Facility or operate any Facility for the purpose delineated in Section 3.08.
N. As of the date of this Agreement it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would prohibit it from (i) executing, recording, and delivering a Declaration, (ii) acquiring an ownership interest in and, if applicable, improving any Real Property or operating any Real Property for the purpose delineated in Section 3.08, or (iii) acquiring an ownership interest in, improving, renovating, rehabilitating, or newly constructing any Facility or operating any Facility for the purpose delineated in Section 3.08. In addition, it will not take any action that would cause a default under any such order, writ, injunction, decree, or demand of any court or any governmental authority to occur that would prevent the performance of such acts.
0. As of the date of this Agreement, neither (i) its execution, recording, or delivery of a Declaration, (ii) its ability to acquire an ownership interest in and, if applicable, improve any Real Property or operate any Real Property for the purpose delineated in Section 3.08, or (iii) its ability to acquire an ownership interest in, improve, renovate, rehabilitate, or newly construct any Facility and operate any Facility for the purpose
SPAP- 12-0012-P-FY13 Generic GO Grant Agreement 12 V cr - 2/16/1 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) delineated in Section 3.08, is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is a party or by which it is bound. In addition, it will not enter into any agreement or document that would prevent the performance of such acts.
P. As of the date of this Agreement (i) its acquisition of an ownership interest in and, if applicable, improvement of any Real Property or operation of any Real Property for the purpose delineated in Section 3.08, and (ii) its acquisition of an ownership interest in, improvement, renovation, rehabilitation, or new construction of any Facility or operation of any Facility for the purpose delineated in Section 3.08 does not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record. In addition, it will not take any action that would cause such a violation.
Q. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof.
R. It will not use the Real Property or, if applicable, Facility, or use or invest the G.O. Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code.
Section 3.08 Operation of any Real Property and Facility. Any Real Property and, if applicable, Facility, shall be used by the Public Entity or the Public Entity shall cause such Real Property and, if applicable, Facility to be used for the operation of the Governmental Program, or for such other purposes and uses as the Minnesota legislature may from time to time designate, and for no other purpose. The Public Entity may enter into Use Contracts with a Counterparty to so operate any Real Property and, if applicable, Facility; provided that such Use Contracts have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Section 3.09. The Public Entity shall also annually determine that any Real Property and, if applicable, Facility are being so used and shall supply a statement, sworn to before a notary public, to such effect to both the State Entity and the Commissioner ofMMB.
If the Public Entity will directly operate the Governmental Program on or in the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will, as of the time of acquisition of an ownership interest in such Real Property and, if applicable, Facility, have the ability and a plan to fund such program, (ii) it will, as of the time of acquisition of such ownership demonstrate such ability by way of a plan that it will submit to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such program that clearly shows that forecast program revenues along with any other funds available for the operation of such program will be equal to or greater than forecast program expenses for the next fiscal year, and will supply to the State Entity and Commissioner of MMB certified copies of such resolution and budget. SP AP-12-00 12-P-FY 13 Generic GO Grant Agreement 13 Ver - 2/1 611 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) If the Governmental Program that will be operated on or in the Real Property and, if applicable, Facility, by a Counterparty under a Use Contract, then the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for the next fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for the next fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to both the State Entity and the Commissioner ofMMB certified copies of such resolution and budget.
Section 3.09 Use Contracts. The Public Entity may only enter into a Use Contract if it has the statutory authority to do so. Each and every Use Contract that the Public Entity enters into must comply with the following requirements:
A. The purpose for which the Use Contract will be entered into must be to operate the Governmental Program in the Real Property and, if applicable, Facility.
B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering into the Use Contract, and must comply with the substantive and procedural provisions of such statute.
C. It must contain a provision stating that the Use Contract is being entered into in order for the Counterparty to operate the Governmental Program and must describe such program.
D. It must be for a term, including any renewals that are solely at the option of the Counterparty, that is, if applicable, substantially less than the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, but may allow for renewals beyond the original term upon a detennination by the Public Entity that the use continues to carry out the Governmental Program. A term that is equal to or shorter than 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject ofthe Use Contract will meet the requirement that it be for a time period that is substantially less than the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. SP AP-12-00 12-P-FY 13 Generic GO Grant Agreement 14 Ver- 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) E. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty to provide to the Public Entity: (i) an initial program evaluation report for the current fiscal year, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional revenues available for the operation of the Governmental Program on any Real Property and, if applicable, in any Facility will equal or exceed expenses for such operation for succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually dete1mine that the Counterparty is using any Real Property and, if applicable, Facility to operate the Governmental Program.
F. It must allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the Governmental Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract.
G. It must terminate upon the tennination of the statutory authority under which the Public Entity entered into the Use Contract or is operating the Governmental Program.
H. It must require the Counterparty to pay all costs of operation and maintenance of any Real Property and, if applicable, any Facility that is the subject of the Use Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs.
I. If any monies are to be paid to the Public Entity under the Use Contract, then it must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of MMB, take such actions and furnish such documents to the Commissioner of MMB as the commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation.
J. It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissioner of MMB shall be null and void and of no force or effect.
K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, the Public Entity's ownership interest in the Real Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract in the manner specified in Section 3.08 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with SP AP- 12-001 2-P-FY13 Generic GO Grant Agreement 15 Ver - 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) the requirements imposed under Section 3.08 and will be included in and as part of the Public Entity's ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 3.08.
L. If the cumulative amount of the G.O. Grant and any other grant funded with the proceeds of state general obligation bonds, issued under the authority granted in Article XI, § S(a) of the Minnesota Constitution exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with job services of the Commissioner of Economic Security for the State of Minnesota or the local service units, as required by Minn. Stat. § 268.66 Subd. 1, as it may subsequently be amended, modified or replaced from time to time, for the term of the Use Contract.
M. It must contain a provision that clearly states that the Public Entity is not required to renew the Use Agreement beyond the original term thereof, and that the Public Entity may, at its sole option and discretion, allow the Use Agreement to expire at the end of its original term and thereafter directly operate the Governmental Program in the Real Property and, if applicable, Facility or contract with some other entity to operate the Governmental Program in the Real Property and, if applicable, Facility.
N. It may contain renewal options that will extend the tenn of the Use Agreement and, at the sole option and discretion of the Public Entity, a provision that will require the Public Entity to reimburse the Counterparty for those amounts that the Counterparty contributed to the Real Property and, if applicable, Facility in the event that the Counterparty has notified the Public Entity that it wishes to renew the Use Agreement and the Public Entity elects to not renew the Use Agreement.
Section 3.10 Receipt of Monies Under a Use Contract. The Public Entity does not anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity does receive any monies under a Use Contract, then a portion of such monies in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of any Real Property and, if applicable, any Facility that is the subject of the Use Contract, or to pay the principal, interest, redemption premiums, and other expenses on debt related to such Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds and debt for which the Public Entity bas no financial liability, must be paid by the Public Entity to the Commissioner of MMB. The portion of such excess monies that the Public Entity shall pay to the Commissioner of MMB shall be determined by the Commissioner of MMB and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess amount by a fraction the numerator ofwhich is the amount ofG.O. Bonds and the denominator ofwhich is the total principal amount of all public debt financing incurred with respect to any Real Property and, if applicable, Facility other than public debt issued by a public entity for which it has no financial liability.
Section 3.11 Sale. The Public Entity may not sell any part of its ownership interest in any Real Property or, if applicable, Facility unless all of the following provisions have been complied with fully.
SP AP-12-00 12-P-FY 13 Generic GO Grant Agreement 16 Ver - 2/16/1 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the Governmental Program, which such detennination may be based on a determination that the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose.
B. The sale is made as authorized by law.
C. The sale is for Fair Market Value.
D. The written consent of the Commissioner ofMMB has been obtained.
The acquisition of the Public Entity's ownership interest in any Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity's ownership interest in or betterment of such Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the Governmental Program and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in any Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 3.12.
The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the Governmental Program.
Section 3.12 Proceeds of a Sale. Upon the sale of the Public Entity's ownership interest in any Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity's ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order:
A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the G.O. Grant, and ifthe amount of such net proceeds shall be less than the amount ofthe Outstanding Balance of the G.O. Grant then all of such net proceeds shall be distributed to the Commissioner of MMB.
B. The remaining portion shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) to reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity under Section 3.12.A and the holders of Approved Debt paid under this Section 3.12.B), the amount of money that such SP AP -12-00 12-P-FY 13 Generic GO Grant Agreement 17 Ver- 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing and if such entities cannot agree by an appropriately issued court order.
C. The remaining portion shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs.
The distribution to the State Entity shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made any other entity including, but not limited to, a Counterparty.
All amounts to be disbursed under this section 3.12 must be consented to, in writing, by the Commissioner ofMMB, and no such disbursements shall be made without such consent.
The Public Entity shall not be required to pay or reimburse the State Entity for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the G.O. Grant actually disbursed.
Section 3.13 Effect of Sale. Upon the occurrence of a sale that is made in conformance with the provisions contained in Sections 3.11 and 3.1 2, this Agreement shall terminate and any Real Property and, if applicable, Facility shall be released from any Declaration.
Section 3.14 Insurance. The Public Entity shall, upon acquisition of an ownership interest in a Facility, insure the Facility in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity under which the State Entity and the Public Entity are named as loss payees. If damages which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 3.11.
If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 3.12 as if the Public Entity's ownership interest in any Real Property and SPAP-12-0012-P-FYI3 Generic GO Grant Agreement 18 Ver- 2/ 16/ 10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.12 upon the ultimate sale of the Public Entity's ownership interest in any Real Property and Facility. If the Public Entity elects to sell its ownership interest in any Real Property and damaged Facility, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.12, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity.
As loss payee under the insurance required herein the State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section 3.14 imposes upon the Public Entity as to the use of such insurance proceeds.
If the Public Entity elects to maintain general comprehensive liability insurance regarding any Real Property and Facility, if such exists, then the Public Entity shall have the State Entity named as an additional named insured therein.
The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance.
At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance.
If the Public Entity fails to maintain, or cause to be maintained, the insurance required under this Section 3.14, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Provided, however, nothing contained herein, including but not limited to this Section 3 .14, shall require the State Entity to obtain or maintain such insurance.
Section 3.15 Condemnation. If all or any portion of any Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 3.08, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an ownership interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 3.08 and, if applicable, to fully or partially restore any Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in any Real Property and, if applicable, Facility in accordance with the provisions contained in Section 3.11. Any condemnation proceeds which are not used to acquire an ownership interest in additional real SPAP-12-0012-P-FY13 Generic GO Grant Agreement 19 Ver - 2116/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) property or to restore, if applicable, Facility shall be applied in accordance with the provisions contained in Section 3.12 as if the Public Entity's ownership interest in any Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.12 upon the ultimate sale of the Public Entity's ownership interest in any Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of any Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.12, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity.
As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements which this Section 3.15 imposes upon the Public Entity as to the use of such condemnation awards or proceeds.
Section 3.16 Use, Maintenance, Repair and Alterations. The Public Entity shall: (i) keep any Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on any Real Property and promptly restore in like manner any portion of any Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials fumished therefore, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting any Real Property and, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any lease if the Public Entity's ownership interest in any Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) condominium documents and any applicable reciprocal easement or operating agreements if any Real Property and, if applicable, Facility, is part of a condominium regime.
The Public Entity shall not, without the written consent of both the State Entity and the Commissioner of MMB, (a) permit or suffer the use of any portion of any Real Property and, if applicable, Facility, for any purpose other than the Govemmental Program, (b) remove, demolish or substantially alter any Real Property and, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property and, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the Govemmental Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of any Real Property and, if applicable, Facility, (d) abandon any Real Property and, if applicable, Facility, (e) commit or permit any waste or deterioration of any Real Property and, if applicable, Facility, (f) remove any fixtures or personal property from any Real Property and, if applicable, Facility, that benefited from the G.O. Grant unless the same are immediately replaced with like property of at least equal value and utility, or SPAP-12-0012-P-FY13 Generic GO Grant Agreement 20 Ver - 2116/ I 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) (g) commit, suffer or permit any act to be done in or upon any Real Property and, if applicable, Facility, in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain any Real Property and, if applicable, Facility in accordance with the provisions contained in this Section 3.16, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain any Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon such Real Property and, if applicable, Facility, to perfom1 such acts as may to necessary to so maintain such Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section 3.16, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain such Real Property and, if applicable, Facility; shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year.
Section 3.17 Inspection by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of any Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of any Real Property and, if applicable, Facility to allow, the State Entity to inspect any Real Property and, if applicable, Facility.
Section 3.18 Applicability to Real Property and Facility. This Agreement applies to the Public Entity's future ownership interest in any Real Property and, if applicable, Facility. The term "'if applicable" appearing before the term "Facility" is meant to indicate that the this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity~s ownership interest in any Real Property.
Article IV EVENTS OF DEFAULT AND REMEDIES
Section 4.01 Event(s) of Default. The following events shall, unless waived in writing by both the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner of MMB.
A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to SPAP-12-00 12-P-FY13 Generic GO Grant Agreement 21 Ver - 2116/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) induce the State Entity to disburse any of the G.O. Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made.
B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement or any other document referred to herein.
C. If the Public Entity fails to comply with any prov1s10n, tenn, condition, covenant, or warranty contained in the G.O. Compliance Legislation, the Commissioner's Order, or the G.O. Bonding Legislation.
D. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 6.20 for the Predesign/Design Activities.
Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner ofMMB giving the Public Entity written notice of such event.
Section 4.02 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner ofMMB may enforce any or all of the following remedies:
A. The State Entity may refrain from disbursing the G.O. Grant; provided, however, the State Entity may make such a disbursement after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder.
B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions contained in Sections 3.11 or 3 .12, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the G.O. Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner ofMMB.
C. If the Event of Default involves a failure to comply with the provlSlons contained in Sections 3.11 or 3.12, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB.
D. Either the State Entity or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity.
The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of MMB would otherwise possess.
SPAP-12-00 12-P-FY13 Generic GO Grant Agreement 22 V er - 2/ I 6/1 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) If the Public Entity does not repay the amounts required to be paid under this Section 4.02 or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota.
Section 4.03 Notification of Event of Default. The Public Entity shall furnish to both the State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto.
Section 4.04 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.05 and at the end of its term in accordance with the provisions contained in Section 6.27.
ArticleV DISBURSEMENT OF GRANT PROCEEDS
Section 5.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the G.O. Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the G.O. Grant. If the amount of G.O. Grant that the State Entity cumulatively disburses hereunder to the Public Entity is less than the amount of the G.O. Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the G.O. Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.05, the State Entity's obligation to make Advances shall terminate as of the dates specified in such Section even if the entire G.O. Grant has not been disbursed by such dates.
Advances shall only be for expenses that (i) are for items involving the Predesign/Design Activities delineated in Attachment II, (ii) accrued no earlier than the effective date of the G.O. Bonding Legislation, or (iii) have otherwise been consented to, in writing, by the State Entity and the Commissioner ofMMB.
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 Predesign/Design Activities or the rate of disbursement of the matching funds required, if any, under Section 6.20. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Predesign/Design Activities that have been completed and the percentage of the matching funds SP AP-12-0012-P-FY13 Generic GO Grant Agreement 23 V cr - 2/1 6/1 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) required, if any, under Section 6.20 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 :::; (G.O. Grant) x (percentage of matching funds, if any, required under Section 6.20 that have been disbursed)
Formula #2 Cumulative Advances :::; (G.O. Grant) x (percentage of Predesign/Design Activities completed)
Section 5.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the G.O. Grant, which shall be no more often than once each calendar month, the Public Entity shall submit to the State Entity a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition shall be submitted on or between the 1st day and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition shall be limited to amounts equal to the portion of the Predesign/Design Activities that has been completed since the submittal of the last prior Draw Requisition.
At the time of submission of each Draw Requisition the Public Entity shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments that are to be made out of the relevant Draw Requisition.
If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition, then the State Entity shall disburse the amount of the requested Advance to the Public Entity.
Section 5.03 Additional Funds. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the G.O. Grant plus the amount of all other funds committed to the completion of the Predesign/Design Activities is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Predesign/Design Activities, then the State Entity 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 Predesign/Design Activities. 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 the State Entityts notice.
Section 5.04 Condition Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent:
A. The State Entity 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 G.O. Grant delineated in Section 1.0 1.
SPAP-12-0012-P-FY13 Generic GO Grant Agreement 24 Ver - 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) B. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement, and (ii) this Agreement is binding on and enforceable against the Public Entity.
C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the Public Entity has sufficient funds to fully and completely pay for the Predesign!Design Activities and all other expenses that may occur in conjunction therewith.
D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 6.20.
E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with those provisions contained in Attachment I attached hereto and incorporated herein by reference.
F. No determination shall have been made by the State Entity that the amount of funds committed to the completion of the Predesign/Design Activities is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Predesign!Design Activities, or if such a determination has been made and notice thereof sent to the Public Entity then the Public Entity has supplied or has caused some other entity to supply the necessary funds in accordance with Section 5.03 or has provided evidence acceptable to the State Entity that sufficient funds are available.
G. 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.
H. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require.
Article VI MISCELLANEOUS
Section 6.01 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner which reduces any requirement imposed against the Public Entity, or if the Predesign!Design Activities or any Real Property and, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Predesign!Design Activities or any Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner's Order.
SP AP-12-00 12-P-FY 13 Generic GO Grant Agreement 25 V er - 2/16/1 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) Section 6.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees that during the time period that any G.O. Bonds are outstanding and unpaid:
A. It will not use or invest any proceeds of the G. 0. Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," «invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 ofthe Code.
B. It will deposit into and hold all of the G.O. Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Predesign/Design Activities in accordance with the provisions contained herein.
C. It will, upon written request, provide the Commissioner ofMMB all information required to satisfY the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof.
D. It will, upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classifY the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedures 93-19 and 97-13, or (iii) compliance with Code provisions, regulations, or revenue procedures which amend or supersede the foregoing.
E. It will not otherwise use any of the G.O. Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor otherwise omit, take, or cause to be taken any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof.
F. In the event that the Public Entity eventually acquires an ownership interest in any Real Property and, if applicable, Facility, then it will not use such Real Property and, if applicable, Facility in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 ofthe Code.
Section 6.03 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the completion of the Predesign/Design Activities and, if accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility, and the contemplated use of any Real Property and, if applicable, Facility, and compliance with the requirements contained in this Agreement, SPAP-12-001 2-P-FY1 3 Generic GO Grant Agreement 26 Ver - 2/16110 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) the G.O. Compliance Legislation, the Commissioner's Order, and the G.O. Bonding Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State ofMinnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity that is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained: (i) all of such items that relate to the Predesign/Design Activities for a period of 6 years from the date that the Predesign/Design Activities is fully completed, (ii) all of such items that relate to the Public Entity's acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility for a period of 6 years from the date that such acquisition and completion of such improvement, renovation, rehabilitation, or new consttuction is fully completed, and (iii) all of such items that relate to the operation of any Real Property and, if applicable, Facility for a period of 6 years from the date such books, records, documents and other evidence are initially created.
Section 6.04 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant, the Predesign/Design Activities, and, if accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility, or contemplated use of any Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes, as such may be amended, modified or replaced from time to time.
Section 6.05 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices in the completion of the Predesign/Design Activities and, if accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility or contemplated use, management or operation of any Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Minn. Stat. §§ 363.03 and 181.59, as they may be amended, modified or replaced from time to time.
Section 6.06 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181 subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the completion of the Predesign/Design Activities and, if accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility or contemplated use, management or operation of any Facility.
Section 6.07 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for over charges as to goods or services provided in its completion of the Predesign/Design Activities and, if accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or SPAP-1 2-001 2-P-FYI 3 Generic GO Grant Agreement 27 Ver - 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) new construction of any Facility or contemplated use of any Real Property and, if applicable, Facility, which arise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 6.08 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time, with respect to the completion of the Predesign!Design Activities and, if accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility or contemplated use of any Real Property and, if applicable, Facility or contemplated use, management or operation of any Real Property and, if applicable, Facility.
\ Section 6.09 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of both the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466.
Section 6.10 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys' fees), and damage in connection with the completion of the Predesign/Design Activities and, if accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility or contemplated use of any Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the State of Minnesota or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the completion of the Predesign!Design Activities and, if accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility or contemplated use of any Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any Contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees.
SPAP-12 -00 12-P-FY 13 Generic GO Grant Agreement 28 Ver- 2/16110 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 6.04.
The Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy.
Section 6.11 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota, in the performance of this Agreement, the completion of the Predesign/Design Activities, or, if and when accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility or contemplated use of any Real Property and, if applicable, Facility.
The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement, the completion of the Predesign!Design Activities, and, if and when accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility or contemplated use of any Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the completion of the Predesign/Design Activities, or, if and when accomplished, the acquisition of an ownership interest in and, if applicable, the improvement of any Real Property and, in addition and if applicable, the acquisition, improvement, renovation, rehabilitation, or new construction of any Facility or contemplated use of any Real Property and, if applicable, Facility, shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may or might arise on behalf of said personnel or other persons while so engaged out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits.
Section 6.12 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing, and shall be sufficient if SPAP-12-00 12-P-FY13 Generic GO Grant Agreement 29 Ver - 2/16/ 10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the pa1iy to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other:
To the Public Entity at: City of South St. Paul 125 3rd Avenue North South St. Paul, MN 55075 Attention: Mayor and City Administrator
To the State Entity at: Minnesota Department of Employment and Economic Development 332 Minnesota Street, Suite E200 Saint Paul, MN 55101 Attention: Commissioner of DEED
To the Commissioner ofMMB at: Minnesota Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner ofMMB
Section 6.13 Binding Effect and Assignment or Modification. This Agreement shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed.
Section 6.14 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy.
Section 6.15 Entire Agreement. This Agreement and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and SPAP-12-00 12-P-FY1 3 Generic GO Grant Agreement 30 Ver- 2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subj ect matter hereof.
Section 6.16 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota.
Section 6.17 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect, and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein.
Section 6.18 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement.
Section 6.19 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument.
Section 6.20 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the completion of the Predesign/Design Activities:
(If there are no matching funds requirements then insert the word "NONE".)
This appropriation is not available until the commissioner of management and budget determines that at least an equal amount is committed to the project from nonstate sources.
Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to complete or pay for the Predesign/Design Activities. The Public Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of MMB may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB.
Section 6.21 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment II is intended to be and is a source and use of funds statement showing the total cost of the Predesign/Design Activities and all of the funds that are available for the completion of the Predesign/Design Activities, and that the information contained in such Attachment II correctly and accurately delineates the following information.
A. The total cost of the Predesign!Design Activities detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element.
SP AP-12-00 12-P-FY 13 Generic GO Grant Agreement 31 Ver -2/16/10 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Gmt) B. The source of all funds needed to complete the Predesign/Design Activities broken down amongst the following categories:
(i) State funds including the G.O. Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds.
C. Such other financial infonnation that is needed to correctly reflect the total funds available for the completion of the Predesign/Design Activities the source of such funds and the expected use of such funds.
Previously paid expenses that are to be reimbursed and paid from proceeds of the G.O. Grant may only be included as a source of funds and included in Attachment II if such items have been approved, in writing, by the Commissioner of MMB.
If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfY such conditions.
The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment II.
Section 6.22 Predesign/Design Activities Completion Schedule. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment III correctly and accurately delineates the projected schedule for the completion of the Project.
Section 6.23 Third-Party Beneficiary. The Public Entity and the State Entity agree that the completion of the Predesign/Design Activities will benefit the State of Minnesota, and the provisions and requirements contained herein are for the benefit ofboth 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 6.24 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity.
Section 6.25 State Entity and Commissioner of MMB Required Acts and Approvals. The State Entity shall not (i) perform any act herein required or authorized by it in SPAP-1 2-00 12-P-FY13 Generic GO Grant Agreement 32 V er - 2/1 6/1 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein.
Section 6.26 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date of this Agreement and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Public Entity first acquires an ownership interest in the Real Property and, if applicable, Facility and puts such property into use for the operation of the Governmental Program. If there are no uncured Events ofDefault as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration.
Section 6.27 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control.
(Ifthere are no additional requirements then insert the word "NONE".)
NONE
(THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK.)
SP AP-12-00 12-P-FY 13 Generic GO Grant Agreement 33 Ver - 2116110 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this Agreement on the day and date indicated immediately below their respective signatures.
PUBLIC ENTITY: City of South St. Paul, a Home Rule Charter City
By:
Its:
And:
Its:
Dated: ------STATE ENTITY: Department of Employment and Economic Development,
By:
Its:
Dated: ------
ENCUMBERED: Minnesota Department of Employment and Economic Development, By______Date Encumbered ------(Individual signing certifies that funds have been encumbered as required by Minnesota Statute 16A.15 and 16C.05)
SP AP- 12-00 12-P-FY 13 Generic GO Grant Agreement 34 V er - 2/ 16/1 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) Attachment I
Disbursement Requirements and Schedule
SPAP-12-0012-P-FYI3 Generic GO Grant Agreement 35 Vcr - 2116110 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) Attachment II to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT
Source of Funds Use of Funds
·-·····- · IdentifX Source of J!'un~s --1----Alfi:OUilt ___ _ -·------Identifx_I terns . ·--·----~·----- Amount __·----· : ·-·--·--·--· -·---·------···--···-··- ··--· -·-··--·-···-···--·-···-·--·-·-·--····i·-·--··---·---··-·-·----·-·-·-·---- State G.O. Funds · Items Paid for with ·-· ·····-···-· .. ·-~------·---·-·-···-·--· ~----··· · ·-····- ...... , _,___ ,,______------·--·-·····--·····---·-····------···--·-·----·---·····-·-·-·"'"'"' ·-·-·--········ ..· ··--·-·-·····-··--·-····------·· G.O. Grant Funds --··-·-----.9:2.:... Qr.~~!----··-·--··--·------·- ·-·-·-····-· ··- 1.~-?.:.. ~.QQ_. ____ .... ~-·- ·-·--·---·-----·-·-·-·-···-·--··-·-·-·--·-···--·-·-···--··- ·------··-··-----···· .. . ---·--·-·--··--·--·-·· ·-···- ·--·-···---·--·· ·--··-----· - ···------··-·--·----·-·--1-·---··---·------~E~-~.~-LQ_~-~i_gE._s tudy______J .JJ.y_?_?._9_. _____. __ _ 0ther State Funds I ·--··------·· ·------·--·--·------·-·--····-·-L·------·----- Ph~se 2J?es~.~-§-~Ql'__ _. $ 1_ 3 5 , ~_50 ____ _ .r!~::.de s_!gn J_~43 , 000 ------·-.t---:1$------· Phas_e 3 ______1$ Sub Total I ~ 497,_?._QQ___ I $ j $ Sub-Total ---Items--- Paid--- for with ---+------Non- G.O. Grant Funds ------Phase I Design Study $ 19,?._50 ______P!J.a~_ 2 Desi@_~~~y_ __f ~_l 35,2~_Q______Phase 3 Pre-design $ 348,000 --~~~-Igtal ____ ···----··-·--··--·-··--·--·--·--· -· ~-- ?.Q~!.S._Q_Q______
·-·----·------·---·t·------·-+------·-·-···· ' ------Loans ·------+----- !$ I $ ------Sub-Total ------1 $--~-. -=F------·------~ ·------·---- -·--·----+-----·-·-·---
i $ ------······-·--·-·-· -·-······- ·--·····-·-········ · ~····-···---- =--·····-· ·······-·==~=~·--·--·-··-·-···-··--·-··-··--··-··-···-·-············----·- ·············-·-····t--················-==-····--·-·····-··-·-·-·-·:=~···-·~······ Sub-Total $ ·------·-·--·---·------·----·-··---·---·--·----·--··---·-·---·--·--··T··-·i -··---- ···-·------··--·-··--·-----··-·-·--···.--·-···----·------·---+=---·------·--·--··-·-··---·--- -·-·-·-·--·-----·----·-·---·-·-----·-··---·----····-····------L------·--·-·-- _i;~I!~I.cf.~_!:_~~ct -E~i~~~~~=~~~~==~=~=~=~~= ------· ------·-·-·-···-·------~------·- ___J_ $ - !$ ·--·~-----~----+-=-~---~ _s_u_b :T~~~------41~$~~----~ t= i - --· - - ~·------TOTAL FUNDS I $1, ooo,ooo TOTAL PREDESIGN/ I $ 1,000,000 DESIGN COSTS ! ·--- I ------··.. -- ·------·--· _____L__· -·-·-·-·----- Attachment III to Grant Agreement PREDESIGN/DESIGN ACTIVITIES COMPLETION SCHEDULE
Phase 1 Completed by October 31, 2013
Phase 2 Completed by January 31, 20 14
Phase 3 Completed by January 31 , 2015
All dates as per proposal submitted by Barr Engineering dated July 5, 2013
SP AP-12-00 12-P-FY 13 Generic GO Grant Agreement 37 V cr - 2/16/1 0 for Pre-Design or Design Grants (GO GA-Gnrc PrDsgn Grnt) City Council Agenda Report Date: August 19, 2013 Department: City Planner Administrator: -.:s:--£1('
Agenda Item: South St. Paul Community Garden IUP
Action to be considered: Consider adoption ofResolution 2013-136 which would approve an Interim Use Permit (IUP) for a community garden use on the City property located ofoffVerderosaAvenue near the boat launch.
Overview: The existing South St. Paul community garden is located on Fleming Field airport property and will be required by the FAA to be removed as it is located in the Runway Protection Zone (RPZ) for the airport. The Parks and Recreation Committee and Parks staff have been looking at alternative sites for the community garden and found the proposed site to be the best location. The proposed site would be located off of the end of Verderosa A venue, just west of the boat launch site and north of the compost site. The plots would be nearly identical in size to existing plots and would have access to water through a line at the center of the site. The improvements to the site include fencing two sides of the site (the other two sides already have fences), installing the water line, preparing the soil for gardening, improving a parking area just east of the garden site, and installing a parking lot light at the front of the site near the parking area. The proposed garden site would have a 10-year IUP term.
Planning Commission Recommendation: The Planning Commission held a public hearing on August 7, 2013 and at the conclusion of the public hearing recommended approval of the Interim Use Permit for the proposed community garden site (6-0).
Staff Recommendation: Staff recommends approval of the proposed Interim Use Permit for a community garden on the City property off of Verderosa Avenue near the boat launch, subject to the conditions of approval as noted in Resolution 2013-136.
60 -Day Review Deadline: n/a Source of Funds: nla City of South St. Paul Dakota County, Minnesota
RESOLUTION NUMBER 2013-136
RESOLUTION RELATED TO ZONING: APPROVING AN INTERIM USE PERMIT FOR A COMMUNITY GARDEN ON THE PROPERTY WEST OF THE VERDEROSA AVENUE BOAT LAUNCH
WHEREAS, the City received an application from the City of South St. Paul for an Interim Use Permit for community garden on the City owned property located off of Verderosa Avenue; and
WHEREAS, the Planning Commission held a public hearing on the application, preceded by notice as required by law; and
WHEREAS, the Planning Commission took action to recommend approval of the Interim Use Permit at their August 7, 2013 meeting (6-0); and
WHEREAS, the City Council has considered the application at its regular City Council meeting on August 19, 2013, reviewed the recommendation of the Planning Commission and evaluated all other evidence presented for consideration;
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of South St. Paul, Minnesota as follows:
1. Facts. The facts found by the Planning Commission as stated in the Planner's report regarding this matter are hereby adopted and included herein by reference.
2. Determination. The City Council determines that the proposed Interim Use Permit will not be detrimental to the health, safety, or general welfare ofthe community, nor will it cause serious traffic congestion or hazards, nor will it seriously depreciate surrounding property values, and it is in harmony with the general purpose and intent of the Zoning Code.
3. Interim Use Permit. An Interim Use Permit for a community garden on the City property located off of Verderosa Avenue, South St. Paul, Dakota County, Minnesota, is hereby granted with the following conditions:
A. Compliance with Plans/Submittals. The site shall be utilized in substantial conformance, in the reasonable opinion ofthe City Council, with the application, narratives, and with the following plans on file with the Engineering Department: a. Application/Narrative (City of South St. Paul) dated 07/01/2013 b. Site Map (City of South St. Paul) dated 07/01/2013
B. Applicant Responsible for Clean-up. The applicant shall be responsible for all clean-up activities.
C. Compliance with Laws and Approvals. The property must remain compliant with all federal, state, and local laws and ordinances and all prior City approvals.
D. Term of the Interim Use Permit. The term of the Interim Use Permit shall be from January 1, 2014 through December 31, 2024.
E. Termination of the Interim Use Permit. The violation of a condition of approval shall terminate the Interim Use Permit.
Adopted this 191h day of August, 2013
City Clerk Planning Commission PC Agenda Meeting Date: City of South St. Paul Item: Wednesday, - Planning Commission Report 3.F August 7, 2013 m--·
Project Name: South St. Paul Community Garden IUP Site Address: (not yet addressed) Verderosa Ave. I PID: 360260060012 Applicant: City of South St. Paul Request: Consider the request for an IUP to relocate the community garden to the DNR boat launch property on Verderosa Avenue Proceeding: Public Hearing I Planning Commission Recommendation Tentative City Council August 19, 2013 Meeting Date: Deadline: September 5, 2013 *The City must act on this request by this 60-day review period deadline unless the city provides the applicant with written reasons for why additional lime, up to a maximum of 120 days, is required. The City may extend the review period beyond the 120 days but only with the applicant's consent. Exhibits: A. Location map B. Correspondence from neighboring property owners (none) C. Materials submitted by the applicant
BACKGROUND The South St. Paul Community Garden is currently located on airport property that is within the Runway Protection Zone (RPZ) and the FAA has stated that the community garden needs to be removed. The City of South St. Paul is proposing to use the vacant land to the west of the DNR boat launch parking lot as the proposed relocation site for the community garden. The City hired Peer Engineering to test the soils and ensure that the site was safe and appropriate for gardening. The community garden would have 110 15-foot by 20-foot plots and would be fenced in with 8-foot high chain link (cyclone) fence. Water would be provided in the middle of the garden site. Paved parking would be provided for a minimum of 10 vehicles and would include handicap accessible spaces and a parking lot light (the site map shows more parking but that has been scaled back). The IUP would be for a ten year period starting on January 1, 2014 and terminating on December 31 , 2024.
U:\City Planner\Pianning Cases\2013\08-07-l3 PC Report- Community Garden Relocation IUP.doc
Page 1 of4 Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North Industrial 1: Industrial MCES /494 South Industrial 1: Industrial City Compost Site East Open Space 1: Industrial DNR Boat Launch West Industrial 1: Industrial MCES Lift Station (L65)
Subject Property Site Data Future Land Use Plan Open Space Existing Land Use Vacant Zoning 1: Industrial Property Size 2.26 acres (98,446 square feet) Topography Flat
ZONING SUMMARY:
Bulk Requirements Required Proposed
EVALUATION OF THE REQUEST
A. INTERIM USE PERMIT
Following are standards from the City's Zoning Code that apply to specifically to Interim Use Permits.
4. Interim Use Permit Findings The City of South St. Paul is seeking an Interim Use Permit (IUP) for a community garden site that would run from January 1, 2014 through December 31 , 2024. City U:\City Planner\Pianning Cases\20 13\08-07-13 PC Report- Community Garden Relocation IUP.doc
Page 2 of4 Code Section 118-41 , states that the City Council may grant an interim use permit for the interim use of property, if the following criteria can be met:
Interim Use Permit Criteria:
v' The use conforms to the zoning regulations. v' The date or event that will terminate the use can be identified with certainty. v' Permits for the use will not impose additional costs on the City, if it is deemed necessary for the City to take the property in the future; and. v' The user agrees in writing to any conditions that the City Council deems appropriate for permission of the interim use.
City staff has determined that the proposed interim use would meet the criteria. First, the proposed use of gardening (landscape/plantings) would be permitted in the Industrial district. Second, the use will terminate by December 31 , 2024. Third, the permit would not impose additional costs should it be necessary to acquire the property, and as the City owns the property. Finally, the conditions are listed in staff's recommendation and would be incorporated into the resolution to approve the Interim Use Permit.
ALTERNATIVES
The Planning Commission has the following actions available on the proposed application:
A. Approval. If the Planning Commission finds the application to be acceptable, the following action should be recommended for approval:
• Approval of the Interim Use Permit for a community garden on the City property off of Verderosa Avenue, subject to the following conditions:
1) Compliance with Plans/Submittals. The site shall be utilized in substantial conformance, in the reasonable opinion of the City Council, with the application, narratives, and with the following plans on file with the Engineering Department:
a) Application/Narrative (City of South St. Paul) dated 07/01/2013 b) Site Map (City of South St. Paul) dated 07/01/2013
2) Applicant Responsible for Clean-up. The applicant shall be responsible for all clean-up activities.
3) Compliance with Laws and Approvals. The property must remain compliant with all federal, state, and local laws and ordinances and all prior City approvals.
4) Term of the Interim Use Permit. The term of the Interim Use Permit shall be from January 1, 2014 through December 31 , 2024.
5) Termination of the Interim Use Permit. The violation of a condition of approval shall terminate the Interim Use Permit.
U:\City Planner\Pianning Cases\2013\08-07-13 PC Report- Community Garden Relocation IUP.doc
Page3 of4 B. Denial. If the Planning Commission does not favor the proposed application or portions thereof, the above requested should be recommended for denial. If the Planning Commission recommends denial, then findings of the basis for denial should be given.
STAFF ANALYSIS The proposed site is adjacent to the current recreational DNR boat launch site and the City's compost site and the proposed community garden site seems to fit in with those uses. The uses to the west may change over time and the City may wish to amend these recreational uses at that time as well. Perhaps in 10 years a passive open space for office/industrial area employees and residents to utilize will be in more demand than the community garden and compost sites. Perhaps a more active park and playground would be in order for the area. The IUP offers the flexibility to operate the garden in the short term while keeping the future possibilities open. Additionally, if in 10 years the community garden still makes the most sense the City has the ability to request that the IUP be extended. Staff believes that the 1 0-year period for the IUP makes good sense. When constructing the parking lot for the community garden the City should consider other future open space or recreational use of the area and see if parking can be done in a way to tie into the boat launch parking while preserving the most space for future recreational uses.
STAFF RECOMMENDATION Staff recommends approval of the proposed community garden site, subject to the conditions listed in this report.
Respectfully Submitted, Pauf!d/tpn Peter Hellegers, City Planner
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Page4 of4 Proposed Community Garden Site A
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 350 feet A verification. Dakota County assumes no legal responsibility for the information contained in this data. 7/24/2013 N Office of Parks and Recreation
July 1, 2013
Mr. Peter Hellegers City Planner City of South St. Paul 125 Third Avenue North South St. Paul, Minnesota 55075
Re: South St. Paul Community Garden Relocation
Dear Mr. Hellegers:
The Community Garden is a popular amenity to residents of the City of South St. Paul having been in existence at the Fleming Field/McMorrow site since the early 1990s. Each year the 110, 15' x 20' available plots are used by individuals and families to grow vegetables for their personal use and consumption. The garden area is typically tilled up in the spring and the individual plots marked off prior to allowing access for garden users to plant and then tend their gardens over the summer growing season. Come fall, the users are asked to remove the plant materials remaining after their harvest, the plot markers are removed, and the site is left fallow until the following spring. Use of the garden by community residents typically begins in May and is concluded by the end of October each year.
Unfortunately, due to its proximity to the Fleming Field runway, the FAA would like to see the current Community Garden removed from what they have designated as the Runway Protection Zone (RPZ) to comply with FAA land use guidelines. The City has made commitments to interested garden users to utilize the existing Community Garden in its current location for the 2013 growing season and gardeners are currently using the space. The 2013 growing season will be the last season of use at the existing garden location thus city staff has been evaluating alternative sites for the 2014 gardening season and beyond. The existing garden area will be seeded with grass either in Fall 2013 or in Spring 2014 along with removal of the fence that encloses the garden.
Identification and evaluation of new Community Garden site has been a challenge. With the reality that the majority of city parks and public lands are located in neighborhoods and do not have surplus flat land, the choices have been very limited. Staff has identified a site for the future garden site adjacent to the public DNR Boat Launch and City Compost Site off of Verderosa Avenue and the Highway 494 Wakota Bridge. The Parks and Recreation Advisory Commission have reviewed and recommend the proposed site. A site plan is attached for your consideration which includes:
• Site design: identical to the existing Community Garden: 110, 15' x 20' plots.
100 7th Avenue North • Central Square Community Center • South St. Paul, MN 55075 • (651) 306-3690 • Fax (651) 306-3691 Print~d on R~cycl~d Pap~r. 3 0/. Po~t - Con~umu • Fencing: an 8' metal cyclone-style fence would surround the entire perimeter of the garden area with a single gate on the east side to provide for gardener access and a double gate on the north side to allow for maintenance access. The city has received permission to tie into the existing fence on the west side of the property from the Metropolitan Council and also can utilize the existing compost site fencing thus would have to erect only two of the four sides to completely enclose the garden. Fencing is necessary to provide security, but more importantly protection for the plantings from wildlife. • Water: a single water line would be run from a local drinking fountain source to service the garden plots down the center of the garden area, similar to the existing garden area. Gardeners have access to this water line to attach hoses to the spigots provided to water their individual plots. No unattended watering is allowed. • Parking: A paved parking area will need to be constructed in adherence to city parking lot design and construction guidelines. There will be a minimum of 1 0 spaces, including adequate ADNdisability parking, provided with paved overflow parking available at the adjacent boat launch parking lot. A single parking lot light will also be installed for safety and security.
Soil testing has recently been conducted by Peer Engineering to ensure the soil is safe and appropriate for gardening with an emphasis on vegetable gardening. The soil testing report results are attached. The conclusion states:
"Arsenic, barium, chromium, lead, mercury and P AHs are common contaminants in near surface urban soils. The concentrations ofarsenic, barium, chromium, lead, mercury and PAHs detected at the Site are below MPCA Residential SRVs and do not appear to represent a significant risk to human health.
The regulatory review, organic vapor monitoring, physical appearance and laboratory analyses ofthe soil samples did not reveal evidence ofenvironmental concern. "
In addition Peer Engineer prepared a recommendation for preparing the site for garden plots based on the sampling/testing conducted. The City plans on following the recommendations to prepare the site for the 2014 growing season including:
• Removal of the grass horizon, tilling the remaining grass/root system into the underlying organic soil horizon. • Importing an additional 4 - to 6 inches of organic soil to thicken the soil growing horizon. The additional organic soil will be from a known "clean" source. • Import/add 1 to 2 inches of compost material to the site and till it into the organic soil growing horizon (i.e. upper 10 to 12 inches). • Once the above improvements are made, additional pH testing will be conducted to confirm the soil pH levels are within the optimal range (i.e. 6 - 7 standard units); if the pH levels are high they will be lowered using an acceptable means such as application of aluminum sulfate or sulfur. We request the Planning Commission consider the City's recommendation and commitment to the residents who desire to continue to utilize this long-standing garden amenity. If all site preparation goes well, we will be able to provide a seamless transition for gardeners to the new site in time for the 2014 growing season. Thank you for your consideration.
Respectfully,
Chris Esser Director of Parks and Recreation
Enclosures:
1. Community Garden Proposed Site Plan
2. Peer Engineering Sampling and Testing Results Proposed Community Garden Relocation Site City of South St. Paul, Minnesota (the Site)
3. Peer Engineering Suggested Soil Improvements Proposed Community Garden Relocation Site City of South St. Paul, Minnesota (the Site)
Peer Engineering, Inc. 7615 Golden Triangle Drive, Suite N Eden Prairie, MN 55344 952-831-3341 Fax 952-831-4552
Mr. John Sachi June 25, 2013 City of South St. Paul 125 3rd A v enue North South St. Paul, MN 55075
RE: Sampling and Testing Results Proposed Community Garden Relocation Site City of South St. Paul, Mmnesota (the Site)
Dear Mr. Sachi:
Peer Engineering, Inc. (Peer) has prepared this report to document environmental sampling and testing completed at the proposed community garden relocation site located immediately southwest of the Interstate 494 Wakota Bridge crossing (the Site). Attachment 1 includes a figure showing the site location. Peer understands that the area of the Site was previously occupied by a City wastewater treatment plant, and more recently it was used by MnDOT for staging during construction of the Wakota Bridge. The purpose of the sampling/ testing was to evaluate tl1e existing environmental condition of the near surface soils in the area of proposed for community garden plots.
Regulatory/Historical Review
Peer retairied Historical Information Gatherers, Inc. (HIG) to provide historical aerial photographs for the Site and immediate surrounding area. The aerial photographs were reviewed to determine past land use activities. Aerial photographs were available for the years 1927, 1936, 1940, 1947, 1951, 1957, 1964, 1970, 1974, 1980, 1984, 1991, 1997, 2003, and 2010. Attachment 2 includes copies of the aerial photographs.
Peer also reviewed the Minnesota Pollution Control Agency (MPCA) "What's in My Neighborhood" web-based site search application to determine if the Site or nearby sites are listed on any of the MPCA databases that are compiled by this application. The application provides information about sites that are tracked by seven program areas including air quality, feedlots, hazardous waste, investigation/ cleanup, solid waste, tanks/leaks, and water quality. Attachment 2 includes copies of the "vVh at's in My N eighborhood" map and report.
Based on review of the historical aerial photographs, the Site location appears as undeveloped agricultural land from 1927 to 1940. By 1940, a wastewater treatment plant is evident. The area of the purposed garden plots appears to be occupied with 6 circular secondary settling tanks associated with tl1e wastewater treatment plant on the 1940 through 1991 photographs. On the 1991 through 2010 photographs, the Site was replaced with a gravel p arking lot. Sampling and Testing Results June 25, 2013 Proposed Community Garden Relocation Site City of South St. Paul, Mhmesota Page2 The Site was not identified on the MPCA What's in My Neighborhood database. Based on a review of surrounding area, there appears to be one unpermitted dump site (the MWCC Demolition Site) located to the south of the Site.
Sample Collection
Peer utilized manual tools to collect eight composite soil samples (CS-A through CS-H) at the Site on Jrme 5, 2013. The composite soil samples consisted of four grab samples, each collected from depths of 0 to 1 foot below ground surface (bgs) in the locations shown in Attachment 1. The soil profile consisted of black organic soil from ground surface to a depth of 0.5 feet underlain by light brown sand to a depth of 1 foot.
The individual grab samples were monitored for organic vapors using a photoionization detector (PID) and the bag headspace technique. No elevated organic vapor readings were measured and no unusual odors, discolorations or debris were observed in the in the soil samples collected.
Laboratory Analyses
The eight composite soil samples (CS-A through CS-H) were placed in laboratory supplied containers and delivered to Pace Analytical Services, Inc. (Pace) for analysis of the following parameters:
• RCRA Metals by various EPA methods. • Polynuclear aromatic hydrocarbons (PAHs) by EPA method 8270.
In addition, four composite soil samples (CS-A/CS-B, CS-C/CS-D, CS-E/CS-F, and CS G/CS-H) were placed in laboratory supplied containers and delivered to Pace for soil nutrient analyses of the following:
• Phosphorus and Potassium • Total Organic Content • pH
The laboratory results are summarized in Tables 1 and 2, which are included in Attachment 3. The laboratory report and chain-of-custody form are also included in Attachment 3.
Laboratory analyses detected measurable concentrations of arsenic, barium, chromium, lead and mercllly, as well asPAHs in each of the soil samples at concentrations commonly found in urban near surface soils. None of the metal or P AH concentrations exceeded the MPCA Residential Soil Reference Values (SRVs). These SRVs are typically applied to residential properties and represent the worst-case, long-term exposure scenario. Sampling and Testing Results June 25, 2013 Proposed Community Garden Relocation Site City of South St. Paul, Minnesota Page 3 Soil nutrient analytical results included: 417 to 543 mg/kg potassium, 646 to 825 mg/kg phosphorus, 16,700 to 24,900 mg/kg Total Organic Carbon, and 8.4 to 8.7 standard w1its pH. The soil nutrient analytical results can be utilized by prospective garden users to determine if the existing soils need amendments.
Conclusions and Recommendations
Arsenic, barium, chromium, lead, mercury and PAHs are common contaminants in near surface urban soils. The concentrations of arsenic, barium, chromium, lead, mercury and PAHs detected at the Site are below MPCA Residential SRVs and do not appear to represent a significant risk to human health.
The regulatory review, organic vapor monitoring, physical appearance and laboratory analyses of the soil samples did not reveal evidence of environmental concern. Other contaminants could be present in the n ear surface soils that would not have been identified by the scope of work performed during this assessment. Sensible precautions to reduce potential exposure to contamina ted soil are outlined in the guidance document "U1·ban Gatdens and Soil Contaminants", a copy of which is included in Attachment 4.
Closing Remarks
Please contact us at (952) 831-3341 if you have any questions regarding this report.
Sincerely, Peer Engineering, Inc. ~~'1r- Megan L. Carlson Stephen T. Jansen, M.S., P.G. Environmental Geologist President
Attachmen ts: 1- Site Location Figure 2- Regulatory/H istorical Review 3 - Analytical Summary Tables and Laboratory Report 4 - Guide Document" Urban Gm·dens and Soil Contaminants" Agenda Item: Sanimax PUD Amendment- SaniGreen Bioenergy- 625 Verderosa Ave.
Action to be considered: Consider approval of Resolution 2013-118 which would amend an existing Planned Unit Development (PUD) for the construction of a 50,000 square foot biodigester facility on the vacant Sanimax property located north of Verderosa A venue. (This item was continued from the City Council's July 151h meeting).
Request: Sanimax is requesting an amendment to their existing PUD to allow for the development of their vacant site on Verderosa A venue for a bio-digestion facility to that would produce renewable biogas. The proposed PUD includes the extension of a truck turn around area for the proposed SaniGreen development that would extend onto the Sanimax property, stack heights (for 2 stacks) on the new facility that would reach 65 feet, impervious surface coverage of 43 percent (instead of the Shoreland standard of30%), and slightly less parking than the standard for an industrial/warehouse structure.
At their June 5, 20 13 meeting the Planning Commission continued discussion on the item to have additional information provided by the applicant on the potential for odors and odor abatement at the new facility. Subsequent to that staff discussed with the applicant items that might help to illustrate the point regarding odors from the new facility. Sanimax responded with a letter on June 18, 2013 which goes over the potential sources of odor and how they intend to deal with those odors. Overall the major odor controls are the negative pressure building and air scrubber system. The negative pressure building will keep lower air pressure inside the building which would naturally keep air from flowing outward and would flow inward instead. The air scrubber system would treat the air leaving the facility and would prevent the release of odor. Sanimax also provided information regarding an anaerobic digestion study from Columbia University, a white paper from the Danish EPA on standards for odor control, and a document on odor control at the Hennepin Energy Recovery Center (HERC) in Minneapolis. Additionally, the City has contracted with Stantec Consulting to provide some outside analysis of the proposed odor control measures on the new facility. The memorandum from Stantec received on Thursday afternoon and was also forwarded to the applicant. Stantec's report recommends several conditions which staff has incorporated into its recommendation.
Background: In 2010 the City approved a PUD for the Sanimax property that included several phases of development. The first few phases included a major addition for the poultry processing facility (which allowed poultry and beef lines to run independently), renovation of warehouse space into a permanent office portion of the building, removal of the temporary office trailers, and the extension of the scrubber stacks up to 100 feet in height. There are a number of remaining phases for the development including landscaping in the front gate/entry area. Berming along Hardman Avenue, improving the truck parking lot for the area north of the building, and landscaping to the north side of the property. The additional landscaping, architectural enhancements for the office portion of the building, and odor benefits of raising the stack heights were seen as offsets for the deviations from code.
In addition to the changes to the built environment the PUD discussed odor improvements due to increased heights for the scrubber stacks. Sanimax took air samples from all of the scrubber stack vents using instruction and sampling equipment from St. Croix Sensory. The air samples were analyzed by St. Croix sensory and the panel results were sent to Trinity Consultants for modeling with consultation with Charles McGinley at St. Croix Sensory. The information from Sanimax states that paramount to scrubber optimization was: proper stack height to reduce down draft, and proper stack tapering to adjust air speed to maximize dispersion. As previously stated the stack heights were raised to 100 feet which was believed to aid in achieving these goals. The odor modeling diagrams displayed odor levels in red, orange, and yellow for the odor plume with red being the strongest odors, orange was less strong, and yellow designating less odor. The before diagram showed a current condition (20 10) with the red area stretching out about 3 blocks to the north and 2 blocks to the south, and the extent of the odor plume stretching about another 3 blocks beyond that in either direction. The modeling for raising the stacks to 100 feet showed the elimination of virtually all of the red (save for a small area near Hardman and Armour) with greatly reduced orange areas and yellow areas. The result was thought to shrink the plume by about 3 block to the north and 1 block on the south. The stacks that were shown as the ones to be raised included the old room air discharge (previously 51 feet), the Blood Room discharge (previously 51 feet), and the receiving scrubber discharge (previously 64 feet).
Citizen Comments: June 5th - None July 3rd- Mr. and Mrs. Murray of 1035 Highland Avenue spoke about odors and asked if the current situation with odors has not been remedied why would the City look to allow another potentially odorous development.
Planning Commission Recommendation: The Planning Commission held public hearings at their meeting on June 5, 2013 and continued the item to their meeting on July 3, 2013. At the conclusion of the discussion at their July 3, 2013 meeting the Planning Commission recommended approval of the PUD Amendment (3-3). It would be fair to say that all ofthe Commissioners had reservations about odor, with concerns about this being a newer type of facility where there wasn't any example that's exactly the same that would definitively tell you what the odor of the proposed facility would be. Additionally, some were concerned that the City previously approved a PUD for Sanimax, that was now being amended, which was supposed to reduce odors at the existing Sanimax rendering facility and had not. In the end the Commissioners voting in favor of the motion believed that with the Stantec report and specific conditions on odor that there should be adequate safeguards would be in place to confirm that odor should not be an issue and how it would be dealt with if there was. Commissioners voting against the motion simply did not think that the applicant had demonstrated that odors would not be an issue and the potential remedies (i.e. citation, court) were not adequate protections to the City to allow such an application to move forward.
Staff Recommendation: Staffrecommends approval ofthe proposed PUD Amendment subject to the conditions of approval listed in Resolution 2013-118.
60 -Day Review Deadline: September 1, 2013 Source of Funds: n/a (extended from July 3, 2013) City of South St. Paul Dakota County, Minnesota
RESOLUTION NUMBER 2013-118
RESOLUTION RELATED TO ZONING: APPROVING AN AMENDED PLANNED UNIT DEVELOPMENT AT 505-545 HARDMAN AVENUE AND 625 VERDEROSA A VENUE SANIMAX
WHEREAS, on August 16, 2010, the City Council approved a Planned Unit Development and Preliminary and Final Plat for planned developments for Sanimax for the following properties:
1. 505 - 545 Hardman Avenue, South St. Paul, Dakota County, Minnesota, legally described as Lots 1 and 2, Block 1, Sanimax Addition ("Parcel 1") , and 2. 625 Verderosa Avenue, South St. Paul, Dakota County, legally described as Tract B, Registered Land Survey #60 ("Parcel 2")
(together such properties shall be referred to as "the Property"); and
WHEREAS, the City has received an application from Sanimax to amend the Planned Unit Development ("Amended PUD") for the construction of a 50,000 square foot anaerobic bioenergy facility for Parcel2; and WHEREAS, the Planning Commission held a public hearing on the Amended PUD application at its June 5, 2013 meeting, preceded by notice as required by law, and at the conclusion of the public hearing continued the item to July 3, 2013, for additional information on odor and odor control; and
WHEREAS, the Planning Commission continued the discussion on the Amended PUD application on July 3, 2013, and at the conclusion of the discussion made a motion to recommend approval of the Amended PUD subject to the conditions of approval included in the staff report dated July 3, 2013, as well as an amendment for additional odor control; however, such motion failed on a tie vote (3-3) and was forwarded to the City Council without a recommendation; and
WHEREAS, the City Council considered the Amended PUD application at its regular City Council meeting on July 15, 2013, reviewed the discussion of the Planning Commission and evaluated all other evidence presented for consideration, and at the end of the discussion continued the item to August 19, 20 13; and Resolution No. 2013-118 Page 2 of5
WHEREAS, the City Council again considered the Amended PUD application at its regular City Council meeting on August 19, 2013, and evaluated all evidence presented for consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South St. Paul, Minnesota as follows:
1. Facts. The facts as stated in the Planner's report regarding this matter are hereby adopted and included herein by reference.
2. Determination. The City Council determines that the proposed Amended Planned Unit Development will not be detrimental to the health, safety, or general welfare of the community, nor will it cause serious traffic congestion or hazards, nor will it seriously depreciate surrounding property values, and it is in harmony with the general purpose and intent of the Zoning Code.
3. Approval. The Council hereby approves the Amended Planned Unit Development for a 50,000 square foot anaerobic bioenergy facility on the undeveloped property at 625 Verderosa Avenue, South St. Paul, Dakota County, Minnesota, subject to the following conditions:
A. Compliance with Plan Submittals. The site shall be utilized in substantial conformance with the application, narratives, and plans as noted below, on file with the Engineering Department, unless otherwise noted herein:
1) Preliminary Plat and Surveys (Loucks Associates) dated 07/02/2010 2) Preliminary Civil Plans (Loucks Associates) dated 07/06/2010 3) Preliminary Architectural Elevations (KOMA, Inc.) dated 07/06/2010 4) Preliminary Landscape Plans (Loucks Associates) dated 07/06/2010 5) Photometric Plan (Williams Engineering) dated 07/06/2010 6) Application/Narrative (Sanimax) dated 07/06/2010 7) Application/Narrative (Sanimax- Bertram) dated 01/30/2013 8) Aerial photo- (Sanimax) dated 01/30/2013 9) Fireguard tank information - (Fireguard) dated 08/30/2011 10) Fuel Tank Layout Plans- (Sanimax- TJS) dated 02/07/2013 11) Fuel Tank Plans - (Pump and Meter Service, Inc.) dated 11/07/2012 12) Site Surveys - (Loucks Associates) dated 07/02/2010 13) Sanimax Site Layout- (Loucks Associates) dated 01/xx/2010 14) Application/Narrative- 2013 (SaniGreen) dated 05/06/2013 15) Architectural Plans/Elevations (KOMA, Inc.) dated 05/06/2013 16) Architectural Rendering (KOMA, Inc.) dated 05/06/2013 17) Site Plan, Civil Plans, Landscape Plans (Loucks Associates)dated 05/06/2013 18) Stormwater Management Plan (Loucks Associates) dated 05/06/2013 19) Additional Narrative- Odor Control (Sanimax) dated 06/18/2013 Resolution No. 2013-118 Page 3 of 5
B. Landscaping Plans. Landscaping plans are subject to the review and approval of the City Planner. Landscaping plans shall include a planting schedule detailing the species, number of trees, and size of the trees to be planted.
C. Signage Plans. Signage plans are subject to the review and approval of the City Planner.
D. Building Plans I Building Permits. All building plans are subject to the review and approval ofthe City Building Official and South Metro Fire Marshal.
E. Compliance with Building and Fire Codes. The buildings must meet any and all building and fire codes, subject to the review and approval of the City Building Official and the City Fire Marshal, prior to occupancy.
F. Screening of Mechanical Operating Equipment. All mechanical operating equipment added as part of this proposal shall be screened to meet City regulations subject to City staff review and approval.
G. Grading, Drainage and Utility Plans. All grading, drainage, and utility plans are subject to the review and approval of the City Engineer.
H. Exterior Storage Prohibited - General. There shall be no exterior storage of parts, accessories, garbage, refuse, debris, storage bins, and other similar items.
I. Necessary Approvals from Other Agencies. The Applicant shall obtain all necessary approvals/permits from MCES, Minnesota Pollution Control Agency, Dakota County and any other applicable regulatory agencies.
J. Parking on Hard-Surfaced Areas Only. All off-street driveway and parking areas must be hard-surfaced (concrete or asphalt), and perimetered with integral concrete curbing.
K. Incorporation of Relevant Approvals and Extinguishing Previous Approvals That Are No Longer Relevant. The Applicant shall assist staff with identifying and inventorying all previous Conditional Use Permits ("CUPs"), Variances, and other approvals to determine whether the prior approvals are relevant. All relevant CUPs and Variances shall be incorporated into this Resolution as Exhibit A prior to building permit approval. Approvals that are no longer relevant will be extinguished.
L. Compliance with Laws and Approvals. The property must remain compliant with all federal, state, and local laws and ordinances and all prior City approvals, except as extinguished pursuant to Section K. Resolution No. 2013-118 Page 4 of5
M. Landscaping. Sanimax shall provide a plan showing the start and completion dates for the landscaping features planned for 2010 through 2016 that have not been completed. At a minimum, the front entry/landscaping area west of the main offices shall be completed in 2014. The Applicant or their successors and assigns shall be responsible for the on-going maintenance of the landscaped areas. This includes the establishment of the landscaping as proposed in this plan and guaranteeing the health and viability of the proposed tree plantings for 2 years from their date of installation.
N. Odor.
1) The Applicant shall engage an independent testing agency to conduct odor testing by an odor panel who will establish a baseline odor level at the Property ("Initial Test"). The Initial Test shall be completed by November 30, 2013. The results shall be provided to the City Engineer.
2) The Applicant shall then provide a second odor panel test conducted by the same independent agency and at the same odor measurement sites after the anaerobic bioenergy facility has been in operation for one year ("Second Test"). The results shall be provided to the City Engineer.
If the Second Test results reveal that the odor condition is more offensive than the Initial Test, the Applicant shall identify the specific source or processes responsible for the offensive odor and enter into a corrective action planning process with the City utilizing the best odor reduction technologies in order to return the odors to baseline levels. Follow-up testing by the odor panel shall be conducted until the odor levels are acceptable.
3) The Applicant shall conduct an odor modeling test to show the odor plume distribution by using odor units after the anaerobic bioenergy facility has been in operation for one year. The results shall be provided to the City Engineer.
4) Beginning in January 2014, Sanimax representatives shall meet with City Staff on a quarterly basis to discuss odor levels.
0. Noise. The Applicant shall submit information on the fmal proposed generator regarding noise levels and noise control prior to the issuance of a building permit. This information shall be submitted to the City's Engineering Department and is subject to the review and approval of the City Engineer. Resolution No. 2013-118 Page 5 of5
P. Trucking and Logistics. The Applicant shall submit a final truck staging, scheduling, and traffic flow design prior to the issuance of a building permit. These plans are subject to the City Engineer's review and approval.
Q. Biogas storage, handling, safety, clean-up, and distribution. The Applicant shall confirm the location of gas safety equipment and the required setbacks are met prior to the issuance of a building permit. The Applicant shall also confirm the location of gas scrubbing equipment and the required gas safety measures and setbacks are met prior to the issuance of a building permit. These items shall be submitted to the City's Building Official and South Metro Fire Marshal and are subject to the Building Official and Fire Marshal's review and approval.
R. Deadline for Improvements. All improvements must be completed by December 31 , 2016.
Adopted this 19th day of August, 2013.
City Clerk EXHIBIT A Resolution Date Name of Application Description of Improvements No. Approved Application to replace an existing l ,000 gallon Conditional Use Permit above ground diesel fuel tank with a new 2013-44 3/18/2013 12,000 gallon tank and fueling station. Remodeling 4,830 square feet of the 545 Hardman building into permanent offices; additional landscaping and berming. An 11, 115 square foot processing addition to Preliminary and Final the east side of the 545 Hardman building; 2 lot 2010-162 8/16/2010 Plat and PUD plat. Additional scrubber stack heights (up to 100 feet) Parking lot improvements. An addition of 25 feet to the height of the air Conditional Use Pennit 2006-114 6/5/2006 scrubber stack at 505 Hardman Avenue A building and parking lot addition of 6,235 square feet for a boiler and processing addition, Conditional Use Permit variance for the lack of parking lot islands, and 2002-181 8/19/2002 at 505 Hardman Ave exterior storage of trailers on the north side of the property. Exterior storage of two above ground tanks Conditional Use Permit (35,000 gallon), a new electrical room addition, for Exterior Storage and a new boiler room addition, two storage silos, 1998-105 5/18/1998 Variance and a variance for the lack of screening on rooftop mechanical units. Metal buildings of 60 feet and 75 feet in height, exhaust stacks at 72 feet, exterior storage, Conditional Use Permit paving (per plan from 611101 ), variance for for and Variances at 505 1996-167 7/2211996 driveway within 5 feet of the side lot line, Hardman A venue South vanance for impervious surface coverage of 65%.
Conditional Use Permit 4 metal storage bin structures of 72 feet, a and Variance at 505 variance for construction within 5 feet of the 1995-109 5/1511995 Hardman Avenue South side lot line.
17,600 gallon fuel oil tank (Johnston boiler Condition Use Permit AGST for #2 fuel oil), 8,000 square foot protein 1993-172 9/20/1993 for 505 Hardman Ave recovery building (feather plant), 72 foot high bin structure, 2 stacks at 75 feet. Site Plan Site plan for above ground storage tanks. 1993- 2/1/1993
Site Plan Metal building addition to enclose the scrubber 1990- 12/xx/1990 Stantec Conaultlng Service• Inc. 2335 Highway 36 West St Paul MN 55113 Tel: (651) 6364600 Fax: (651) 636-1311 Stantec
July 11,2013
Mr. Peter Hellegers City Planner City of South St. Paul 125 Third Avenue N. South St. Paul, MN 55075
Reference: Sanimax Digester Facility PUD Amendment File: 193802287
Dear Mr. Hellegers,
At the request of the City, Stantec performed a review of information received from Sanimax related to their proposed anaerobic digester facility that would be located on Verderosa Avenue In South St. Paul. In addition, Stantec personnel met with representatives from Sanimax and the City on June 25, 2013 to discuss the facility. Our review focused on how proposed facility processes may impact the community and local area near the facility. We did not review aspects such as site constraints or building aesthetics. Below Is our analysis of the information received to date and our suggestions for possible conditions to include in the PUD Amendment.
Odor Control Sanimax proposes to maintain a negative pressure inside the facility which will provide a strong barrier to keep odors from escaping the building. The areas that will produce the greatest source of odors are in the feedstocks receiving (truck unloading) and waste disposal. The blodigestion process isn't the largest area for odors as it cannot be exposed to the environment or the digestion process will breakdown. Hence, odors would not escape on a regular basis.
Sanimax has suggested that a comparison to rendering processes is not applicable because of the nature of rendering where a high temperature, high humidity type of process Is used which produces very adverse odors. This is both correct and incorrect. It is true that the facility proposed by Sanimax is not a rendering facility therefore will not generate those types of odors which come from rendering processing. It is a bit misleading because the facility proposed by Sanimax does handle the same materials used in the rendering process. Similar odors can be generated from unloading, handling and storage onsite which can be very strong, offensive odors.
The preliminary layout shows air intakes at locations within the facility that odors will be produced. The key to odor abatement is the air scrubbing system proposed to be furnished by KCH Services. According to Sanimax, KCH has provided scrubbers for rendering facilities but information such as case studies, modeling and performance data was not provided. Sanimax stated that the odor scrubbing system will include chemical feed which Stantec feels is a critical element to treating the type of odor compounds that will be produced at the facility. In addHion Sanlmax stated that the proposed odor control system will include redundancy for components such as pumps and fans. Stadec
July 11, 2013 Page2 of4
Suggested conditions for PUD Amendment:
• Require that odor abatement technology used for the proposed facility is similar to that used in rendering processes.
• Require that the odor abatement scrubbing process include pH adjustment
• Require examples and data from existing facilities by which the City can gauge effectiveness of the odor control system
• Require odor modeling showing the plume distribution using 'odor units'
• All information should be submitted to the City for review.
I!Yckin_g L...Qgi~!i!:'~ Sanlmax has provided some details on delivery of materials to and from the site. Sanimax submitted that most feedstock material will be in slurry form and shipped in enclosed tanker trucks. Other materials apparently will be shipped in enclosed trucks or trucks with covers. Sanimax also stated that trucks will be washed after unloading and wash water will be captured and mixed in with the digester feedstocks. Washing will take place within the truck unloading area. Sanimax stated that unloading will be controlled so that two doors are not open at the same time as a way to help control air flow.
Sanimax plans no truck staging requirement outside of the facility. It plans for just-in-time deliveries to be unloaded upon truck arrival. Sanimax has two truck unloading bays which can operate simultaneously, followed by truck washing. Given that 2.5-3 trucks per hour are to arrive at the facility and that between 10-15 minutes are allocated for unloading, it would be prudent to have a planned staging area. The time of 10-15 min~es for unloading and washing do not seem to be conservative enough to allow for human factors such as hooking and unhooking hoses. It was not apparent from the Information if both bays will be used for truck washing. This would impact the time required for processing trucks.
The proposed facility location is near a major freeway and a number of industrial businesses are in the area. Two businesses listed (Dakota Premium Processing and Twin City Hides and Tanning) are assumed to have some similarities in deliveries, trucking and potentially, odor concerns. A number of trucking related companies exist in this area (Stockman Truck Stop, South St. Paul Tank Wash, Minnesota Coaches Bus Company, Truck Stop and Driving School, and Peterbuilt Dealership). Traffic of large trucks may be a concern, given the number of deliveries Sanimax proposes 6 days per week and the current level of traffic in the area. The City may want to canvas a number of these organizations to determine the overall amount of large truck traffic in this area to determine the impact of Sanimax's proposed trucking system.
Suggested requirements:
• Require Sanimax to submit final truck staging, scheduling, and traffic flow design prior to building permit issuance. July 11,2013 Page3of4
~ Sanimax has indicated that a Jenbacher Cogeneration unit may be used for electricity generation. These are excellent units which run quietly and efficiently. They come as a complete skid unit with detailed emission and noise details. Sanimax also indicated they are considering using an older generator offered to them by Xcel Energy.
Suggested requirements:
• Require Sanimax to submit information on final proposed generator regarding noise control prior to issuing building permit.
Biogas storage. handling and safety Sanimax submitted that there will be no gas storage units on site. Biogas contained inside the digester vessel will flow directly to a gas scrubbing system. Some information was received from Sanimax on typical biogas safety equipment. Details of the location of equipment were not provided. Industry setback requirements apply to the methane flare for minimum distances to buildings, parking areas, and streets.
Suggestions:
• Confirm location of gas safety equipment and that required setbacks are met prior to issuing building permit.
Bioqas Cleaning and Distribution Sanimax has proposed to inject the methane into the natural gas distribution system after the gas is cleaned. This should not be a concem for the City due to the stringent requirements for pipeline quality natural gas. Information was not received specifically on this stage however normal industry standards are to inject an odorous compound into methane so it can be detected by human scent in the event there is a leak.
Suggestions:
• Confirm location of gas scrubbing equipment and that required gas safety measures and setbacks are met prior to issuing building permit.
Waste Products Liquid waste from the digestion process will be discharged to the sanitary sewer that will be treated by Metropolitan Council Environmental Services (MCES). Normally industrial facilities have a specific agreement with MCES concerning their wastewater that outlines the characteristics and limits of pollutants. Sanimax also proposes to dewater, dry and pelletize the solid waste. These processes are employed by municipal wastewater treatment plants. No details of this system were submitted but other than odor control this area should not be a concern for the City. Review of this system is stili suggested prior to building permit issuance.
Suggestions:
• Review the MCES permit for the wastewater from the Sanimax facility. • Require Sanimax to submit information on the proposed dewatering, drying and pelletizing systems before issuing building permit. Stanla:
July 11, 2013 Page4of 4
Emissions Information on other possible emissions from the proposed facility was not requested as the facility will need to receive an air quality permit from MPCA.
Suggestion:
• Review MPCA air permit application and review draft permit during public notice period.
Summarv The proposed Sanimax facility concept is excellent and the proposed location seems to be in an appropriate industrial area. The general facility logistics need some additional vetting, but seem to be going In a good direction. Sanimax has provided a number of general details of their intentions, but have not provided specific details in a number of areas. These details may not be available until Sanimax has completed a significant amount of detailed design. Stantec recommends including the suggested conditions concerning odor control in the PUD Amendment. The City may also include the other suggestions provided above In the PUD amendment conditions or make them requirements to obtaining a building permit.
Please contact me with any questions or comments on this matter. Thank you for the opportunity to assist the City.
Regards,
Thomas G. Dye, PE Senior Project Manager Tel: (651) 967-4651 Thomas.DyeOstantec.com c. John Sachi, City of South St. Paul Paul Bilotta, Stantec Aaron Stavne, Stantec dl documentf Q sanimax
July 11th, 2013
Planning Commission Attention : Peter Hellegers 125 Third Avenue North South Saint-Paul MN 55075
RE : Condition 18, Odor Control -Planning Commission of the City of South Saint-Paul
Dear Mr. Hellegers,
The present letter is in response to your correspondence dated July 5, 2013 in which you informed Sanimax of the Staff's recommendation based on the Planning Commission and their concern regarding the City's recourse in the event of an odor problem related to the proposed SaniGreen facility.
Staff is recommending adding the following language regarding Odor Control:
110dor. Odor from the SaniGreen facility will not be allowed beyond the property line. Odor from the facility will be monitored within 1 year after the beginning of operation. If odor is found to be unacceptable to the City in the City's sole discretion, the applicant shall be required to pay a $1,000 per day penalty for each day the odor is non-compliant."
It goes without saying that Sanimax takes the concern of the Planning Commission with the seriousness that is expected of a corporation which prides itself in being an excellent corporate citizen and that we remain committed to developing a state of the art biodigester that does not produce any offensive odor.
We would like to take this opportunity to reiterate some actions that have been launched and rea lized by Sanimax in order to ensure control over odors at its current South St. Paul facility. Sa nimax continues to work diligently with the City to define, abate and address odor iss ues with such actions as the Odor study, immediate response to complaints, as well as over $2 million in technology upgrades over the past 3 years. In 2013 alone, we are spending upwards of $680,000 on an ozone generation and treatment system to treat all air streams with ozone prior to leaving the facility. These systems have proven to have a significant impact at our other facilities and we have taken the installation to the next step in our South St. Paul facility. In Q sanimax addition, Sanimax continues to investigate the best available technologies for treatment of our air streams for implementation in 2014 and beyond.
While Sanimax understands the City's concern and interest in having a mechanism by which it can exert greater control over odor nuisances and penalize an offender, we also understand that regulation of odor is a very complex matter, as the City learned through the 2009 study. Sanimax agrees that corporations have a social responsibility to the city and their residents to be a good neighbor, however, the standard proposed by the City is unattainable as it is completely lacking in objectivity or relation to the source. Instead of adopting a punitive system, Sanimax firmly believes that all parties would benefit from a proactive approach where the focus would be on communication and education. As such, Sanimax would rather propose to create a committee with members from Sanimax, the municipality as well as corporate citizens located in the area. During the meetings, which could occur on a quarterly basis, Sanimax as well as other corporations present, could explain the ongoing plans of actions and could address the potential issues raised by various interveners. In our opinion, this would be the first step to a transparent approach allowing for all involved parties to understand that, both the City and Sanimax, are taking all odor-matters seriously and are deploying multiple action plans to keep improving and move forward.
Since both the City and Sanimax intend to control all odor emission as much as feasible, in lieu of an absolute liability system, Sa nimax believes that all parties would benefit from having a different procedure which would expand on the City's current nuisance complaint process and if the odor issue is not addressed satisfactorily, the imposition of a fine, thus allowing the odor issuer to confirm the source and correct the situation.
Sanimax wants to work with the City and acknowledges the odor concerns, but Sanimax cannot agree to have the City determine in their sole discretion what is acceptable and what is not without having a previously established and agreed upon threshold. Such a threshold is indispensable to establish each party's expectations. It would also permit accurate monitoring of the progress of our odor control initiatives. Not having a threshold would expose Sanimax to an unacceptable degree of unforeseeability in addition to the risk of subjectivity inextricably linked to odor monitoring. Sanimax is confident in its efforts to design the SaniGreen facility and prevent any odor concerns and wants to be sure that the liability regime takes into consideration Sanimax's diligence and effort. As previously mentioned, considering the financial, logistical as well as human resources invested by Sanimax in odor control initiatives, Sanimax strongly feels that it cannot be discounted.
In light of all of the above, Sanimax wishes to reiterate its intention to collaborate with the City for all further odor control initiatives, and recommends an approach that is transparent for the Q sanimax community and shows the effort and cooperation between the City and the business community.
Should you have any questions, please do not hesitate to contact the undersigned. Sanimax would welcome the opportunity to further discuss a collaborative resolution.
Kind regards,
/)' 1/ /_'.__,_-. lzV-I ,.VI//':'• ).£<--·J . I - . '
Dan Ostrenga Director of Organic Solutions Sanimax Qsanimax
July 1, 2013
Mr. Hellegers,
1 As additional follow up to our June 5 h Application hearing for the amendment of the cu rrent Sanimax Planned Unit Development (PUD), I wou ld like the following items to be reco nsidered as changes to the existing PUD by accepting the following suggested revisions.
Sanimax PUD Amendment Recommendation Document Under Alternatives:
1. 18. Odor. All odors must be contained within the subject property and must not be detectable beyond the property line. It shall be a violation of this Planned Unit Development if odors are detectable in the ambient air at the property line that are equal to or greater than 4 dilution to threshold ("D/T") for two samples or observations not less than 15 minutes apart within a one-hour period, as measured by a field olfactometer device such as the Nasal Ranger Olfactometer or Scentometer Olfactometer, or such other odor detection device deemed appropriate by the City.
Revision:
We recommend not changing the pre-existing clause of the current PUD. We acknowledge the odor concern by t he city and as a long standing member of the business community. We continue to work with the city employing new technology and improvement processes and would be open to determining a fair definition of levels and identification process.
2. Revised Development Phasing. The landscaping features planned for 2010 through 2014 which have not been completed, w ill need to begin construction before the issuance of building permits for the new SaniGreen Bioenergy facility. Lan dscaping features should be completed within 6 months f rom the begging of construction. Sa niGreen would be inserted into the 2013 or 2014 development phasing dependent on the timing of the construction of the landscaping features.
Revision:
We recommend that the Commission accept the timeline provided for the capital updates to the landscaping and entrance previously submitted as the new version and order. We would strike the part that would not allow for a building permit unless the new landscaping has begun. There is thought to using the excavated materials and land modifications on the new site to assist with landscaping features on the existing site. Schedule attached below.
Thank you, Dan Ostrenga Director of Organic Solutions
Sanimax • P.O. Box 10067 • Green Bay • Wisconsin • U.S.A. 54307-0067 Tel: 920.494.5233 • Fax: 920.494.9141 Email: [email protected] • Web: www.sanimax.com r.-Jsanimax
- - ·-··------::---,------=--=-·· ------. . ····------Sanimax • P.O. Box 10067 • Green Bay • Wisconsin • U.S.A. 54307-0067 Tel: 920.494.5233 • Fax: 920.494.9141 Email: [email protected] • Web: www.sanimax.com Planning Commission PC Agenda Meeting Date: City of South St. Paul Item : Wednesday, - Planning Commission Report 5.A July 3, 2013 m--·
Project Name: SaniGreen Bioenergy: Sanimax PUD Amendment Site Address: xxx Verderosa Avenue I PID: multiple PID's Applicant: Sanimax Request: Consider the request for a Planned Unit Development (PUD) for the development of a renewable bioenergy facility on the Sanimax property on Verderosa Avenue Proceeding: Public Hearing I Planning Commission Recommendation Tentative City Council July 15, 2013 Meeting Date: Deadline: September 1, 2013* (extended from July 3, 2013) *The City must act on this request by this 60-day review period deadline unless the city provides the applicant with written reasons for why additional tim e, up to a maximum of 120 days, is required. The City may extend the review period beyond the 120 days but only with the ~licant's consent. Exhibits: A. Location map, Existing Sanimax PUD (Res. 201 0-162) B. Correspondence from neighboring property owners (none) C. Materials submitted by the applicant
UPDATE At their June 5, 2013 meeting the Planning Commission continued discussion on the item to have additional information provided by the applicant on the potential for odors and odor abatement at the new facility. Subsequent to that staff discussed with the applicant items that might help to illustrate the point regarding odors from the new facility. Sanimax responded with a letter on June 18, 2013 which goes over the potential sources of odor and how they intend to deal with those odors. Overall the major odor controls are the negative pressure building and air scrubber system. The negative pressure building will keep lower air pressure inside the building which would naturally keep air from flowing outward and would flow inward instead. The air scrubber system would treat the air leaving the facility and would prevent the release of odor. Sanimax also provided information regarding an anaerobic digestion study from Columbia University, a white paper from the Danish EPA on standards for odor control, and a document on odor control at the Hennepin Energy Recovery Center (HERC) in Minneapolis. Additionally, the City has contracted with Stantec Consulting to provide some outside anaylsis of the proposed odor control measures on the new facility. The memorandum from Stantec was not available at the writing of this report but will be provided to the Planning Commission at their meeting on Wednesday.
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Page 1 ofl5 BACKGROUND Sanimax is requesting an amendment to their existing PUD to allow for the development of their vacant site on Verderosa Avenue for a bio-digestion facility to that would produce renewable biogas. The proposed PUD includes the extension of a truck turn around area for the proposed SaniGreen development that would extend onto the Sanimax property, stack heights (for 2 stacks) on the new facility that would reach 65 feet, impervious surface coverage of 43 percent (instead of the Shoreland standard of 30% ), and slightly less parking than the standard for an industrial/warehouse structure.
In 2010 the City approved a PUD for the Sanimax property that included several phases of development. The first few phases included a major addition for the poultry processing facility (which allowed poultry and beef lines to run independently), renovation of warehouse space into a permanent office portion of the building, removal of the temporary office trailers, and the extension of the scrubber stacks up to 100 feet in height. There are a number of remaining phases for the development including landscaping in the front gate/entry area. Berming along Hardman Avenue, improving the truck parking lot for the area north of the building, and landscaping to the north side of the property. The additional landscaping, architectural enhancements for the office portion of the building, arid odor benefits of raising the stack heights were seen as offsets for the deviations from code.
2010 Additional landscaping at the NW corner of the property (between No HRA lot and Sanimax) Existing warehouse renovated for offices (5,000 s.f.) Yes Mobile offices removed Yes Front lot Yes 2011 New processing addition (poultry processing - 11,000 s.f.) Yes Additional trailer No
New landscape feature and additional berming and landscaping in and behind the area of the current berm area along Hardman N/A Ave. - north and west of office bu
In addition to the changes to the built environment the PUD discussed odor improvements due to increased heights for the scrubber stacks. Sanimax took air samples from all of the scrubber stack vents using instruction and sampling equipment from St. Croix Sensory. The air samples were analyzed by St. Croix sensory and the panel results were sent to Trinity Consultants for modeling with consultation with Charles McGinley at St. Croix Sensory. The information from Sanimax states that paramount to scrubber optimization was: proper stack height to reduce down draft, and proper stack tapering to adjust air speed to maximize dispersion. As previously stated the stack heights were raised to 1 00 feet which was believed to aid in achieving these goals. The odor modeling diagrams displayed odor levels in red, orange, and yellow for the odor plume with red being the strongest odors, orange was less strong, and yellow designating
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Page2 ofl5 less odor. The before diagram showed a current condition (201 0) with the red area stretching out about 3 blocks to the north and 2 blocks to the south, and the extent of the odor plume stretching about another 3 blocks beyond that in either direction. The modeling for raising the stacks to 100 feet showed the elimination of virtually all of the red {save for a small area near Hardman and Armour) with greatly reduced orange areas and yellow areas. The result was thought to shrink the plume by about 3 block to the north and 1 block on the south. The stacks that were shown as the ones to be raised included the old room air discharge (previously 51 feet), the Blood Room discharge (previously 51 feet), and the receiving scrubber discharge (previously 64 feet).
Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use Industrial North Light Industrial 1: Industrial (Sanimax I Vacant- HRA) Vacant South Light Industrial 1: Industrial (Dayton Holding) East Open space 1: Industrial Mississippi River Trail Industrial West Light Industrial 1: Industrial (United Rentals I Sportsman's Guide)
Subject Property Site Data Future Land Use Plan Light Industrial ("494 Corridor") Existing Land Use Vacant (Sa niGreen site) /Industrial (manufacturing - Sanim ax main site) Zoning 1: Industria l 06.16 acres (268,330 square feet)- SaniGreen Property Size 18.72 acres (814,572 sguare feet)- Sanimax 24.88 acres (1 ,083,773 square feet) TOTAL Topography Relatively flat
ZONING------SUMMARY:--- Bulk Requirements Required Proposed
Lot area
Parking Standards: lnd./Whse./Storage (1 per ea. 2 employees on 14 11 max shift or 1 per each 2,000 s.f.)
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Page 3 of15 Other Critical Zoning Items Floodplain No Shore land Yes MNRRA Yes Utility easements Yes
EVALUATION OF THE REQUEST
A. PLANNED UNIT DEVELOPMENT
As the proposed use would be affecting a property that is part of an existing Planned Unit Development (PUD) an amendment to the PUD will be necessary. The PUD also have the benefit of having the whole property looked at as one development rather than a series of separate parcels and separate buildings. A PUD allows flexibility from the City's requirements when dealing with multi-building, multi-lot development and for that flexibility a PUD provides elements to offset those deviations. The PUD essentially acts as specific set of rules governing the development/redevelopment area.
The previous approval included a Preliminary and Final Plat that would've combined the other Sanimax parcels into one lot. However, as one of the parcels was located in a Tax Increment Financing (TIF) district and the others were not, all of the properties were not able to be combined into one lot. Therefore there are some property lines where they were not contemplated under the previous approval. Regardless, the PUD is still in effect which allows for multiple buildings on a lot and was intended to incorporate old approvals under the umbrella of this PUD. Sanimax and the City were supposed to work together to amend the Resolution to include this old approval language which did not happen. However, within the last few months staff has met with Sanimax to get that ball roll ing again .
The code review has been divid ed into categories to simplify the review.
1. Planned Unit Development (PUD): Planned Unit Developments allow for design flexibility by allowing deviations from the Zoning standards without individual variances or undue hardship criteria. In the spirit of the PUD process the applicant would offset some of these deviations from City requirements by including additional elements in other areas which the City would agree to. Following is a breakdown of the PUD issues:
As part of the PUD there are certain things which may not meet some City requirements. In the spirit of the PUD process the applicant may offset some of these deviations from City requirement by including additional elements. Following is a breakdown of the PUD issues:
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Page4 ofl5 PUD Chart Deviations from City requirements Additional elements to offset deviations - Building height for processing addition up to 65 - Increased stack heights for reduction of odors from feet the facility - Stack heights up to 100 feet -Dedication of Hardman Avenue R.O.W. - Manufacturing with potential objectionable -Additional landscaping, berming, and other site ro influence (see offset #1) improvements to improve the aesthetics of the facility > ....0 - different mixture of architectural materials (for -Reduction in impervious surfaces a. a. the remodel of the existing facility) co C/) -(Need determination on exterior of proposed ::J 0 processing addition as consistent with ·:;: standards) .... Phasing: - Architectural enhancements of existing facility for - Phase 1 - New offices in 545 building - 2010 office conversion - Ending of PUD development in 2016 Property Lines: -Encroachment of driveway I truck maneuvering i area across property lines. - Encroachment of effluent pipes -Stack heights (2 stacks) up to 65 feet If;~ -Exterior materials which do not meet the 60/40 - Additional architectural features which add visual percent requirement. interest to the building. ~E'# - Impervious coverage over 30%, landscape area ~, ~f less than 70% in a Shoreland Overlay district - Number of parking spaces ( 11 instead of 14) r~~ 2. Shoreland Overlay Since the subject property is within 300 feet of the Mississippi River bank the property is considered within the Shorelands overlay zoning (118-169). However, the property is separate from the Mississippi River by the levee and only easternmost portion of the property is within the Shorelands area. The property does exceed the amount of impervious surface coverage and does not have the amount of landscape area discussed in the Shoreland zoning. The zoning discusses including the entire property in the standards though even a small portion of the property may be within 300 feet of the Mississippi River. However, the amount of landscape area and impervious surface area that are actually in the Shorelands area is primarily landscape area and less impervious surface. 3. MNRRA Overlay The subject property, is located in the Mississippi River Corridor Zoning, also known as the MNRRA area (118-167). On a property such as this one that is level and in an existing business/industrial park, the primary items to look at would be the amount of impervious surface, native landscape plantings, and aesthetics. As shown in the previous tables the amount of impervious surface for the SaniGreen proposal is less than many existing industrial properties in the area. The applicant has sought to balance native landscaping with landscaping which will tolerate the high water table. U:\City Planncr\Planning Cases\2013\07-03-13\07-03-13 PC Repott -SaniGr een PUD Amendment to Sanimax - Verderosa Ave.doc Page 5 ofl5 The stacks on the building are an aesthetic element that could generate concern, but the stacks are rather narrow and they are located in proximity to the existing Sanimax plant. 4. Use: As previously discussed in the 2010 PUD, office uses and Warehouse uses (within an enclosed building with permanent walls and roof) are permitted uses in the Industrial Zoning District. The proposed SaniGreen building really wouldn't have offices and would best be categorized as warehousing or manufacturing. Primarily the actual building portion of SaniGreen would be for loading and unloading with some temporary storage of pelletized dry material (from the process) to be shipped out. There isn't a good comparison for the processing vessel portion of the building; though the plug-flow type bio-digester is essentially using natural material to manufacture natural gas. Manufacturing in an enclosed building is considered a permitted use, however the definition of manufacturing indicates that is provided that the use will not generate objectionable influences which extend beyond the lot on which the use is located. Typically under the Code, the Conditional Use Permit standards are used to determine compatibility of a land use with surrounding land uses. If there are potential impacts conditions are used to help mitigate potential impacts. This application is a PUD which can take the place of the CUP. The applicants indicate that the proposed use would not generate odors, however, there isn't much detail explain potential sources for odors on the property and how those potential sources have been dealt with. Also there wasn't any information included about how odors around other bio-digesters have impacted the areas where they were located. The application did explain that the building would be under negative pressure and that truck unloading and loading would be in the building but that seems to be the extent of the information on odor control. The applicant already has an existing facility that generates odors and stack height additions from the 2010 PUD did not seem to curb many of the odors as they were believed to do. The applicant has indicated that they are investing in their scrubber system to help improve odors but the proposed improvements have not yet taken place. The Conditional Use Permit (CUP) is for a land use which is generally compatible with all other uses in the district where it is located but should not be permitted as a matter of right in every area within the district because of special circumstances that the use or location may present. Therefore the CUP is judged on the basis of standards and criteria specified in the code (see below) and the City is allowed to impose appropriate conditions and restrictions on the CUP. The Zoning Code instructs the Planning Commission and City Council to make the following findings when considering a CUP: Conditional Use Permit Findings: ../ The proposed conditional use conforms to the general purpose and intent of the zoning code . ../ The conditional use will not substantially diminish or impair property values within the neighborhood, and in consideration of this question the comparison of the use shall be with respect to uses that are permitted without a Conditional Use Permit in the district which the use is located. U:\City Planner\Pianning Cases\20 13\07-03 -1 3\07-03-13 PC Rep01t- SaniGreen PUD Amendment to Sanimax - Verderosa Ave.doc Page 6 ofl5 ../ The conditional use will not impede the normal and orderly development and improvement of property in the neighborhood for uses permitted in the district affected. ../ Adequate utilities, access roads, streets, drainage, and other necessary facilities have been provided. ../ Adequate measures have been or will be taken to provide ingress and egress in such a manner as to minimize traffic congestion and hazards in the public streets. Finally, the area is also included in the 494 Corridor area of the Comprehensive Plan which stresses limiting or eliminating odor, providing better quality architectural treatment of buildings, and limiting or eliminating large amounts of exterior storage. The previous approvals were thought to lessen the amount of exterior storage, in particular the processing addition allowed trucks to empty their product into plant more quickly so that they weren't stored outside for long. The preexisting truck storage area is located to the north of the building and is screened from Hardman Avenue by landscape berming and the buildings. The proposed SaniGreen building does not show much for exterior storage. There is a gas cleanup area outside of the building, which needs to be outside as it can't be enclosed in a building, and is screened with tan PVC fencing to blend in with the building. Beyond that the remainder of the SaniGreen site would not have exterior storage. The SaniGreen building is an industrial building and the telltale sign is the stacks, but the architectural treatments along the south wall do help to enhance the visual appeal of the building. Additionally the amount of landscaping and smaller amount of landscaping are consistent with light industrial uses. Staff has reviewed the proposal and determined that the use conforms to the general purpose of the Zoning Code. The property is located in the 494 Corridor and much of the site appears consistent with a light industrial use as called for in the Comprehensive Plan. However, the stacks on the building do take away from the light industrial look and call into question whether the use fits with the Comprehensive Plan. When considering a conditional use (whether through a CUP or PUD), then conditions would be necessary to lessen the potential for the use to diminish or impair property values and prevent the impediment of the normal and orderly development of property in the neighborhood. 5. Lot Coverage: The maximum allowed building coverage for property in the Industrial District is 40%. The proposed building would cover approximately 19% of the lot. The development would only cover approximately 13% of the developable lots with buildings as shown in the following table: M axtmum Lot Coverage Industrial Dist. Existing I Property Proposed Criteria Proposed Size Lot Buildings Coverage 40% Max 50,440 sf 268,330 sf 19% (SaniGreen) (SaniGreen) (SaniGreen) U:\City Planner\Planning Cases\2013\07-03-13\07-03 -1 3 PC Repmt - SaniGrcen PUD Amendment to Sanimax · Verderosa Ave.doc Page 7 ofl5 40% Max 6. Minimum Building Size: The minimum allowed building size is 5,000 square feet. The proposed building greatly exceed this requirement as shown in the following table: M.mtmum . B w· td·mg s·tze Industrial Dist. Criteria Proposed SaniGreen Building (Square Feet) (Square Feet) 5,000 50,440 7. Setbacks: The proposed development for the SaniGreen parcel meets or exceeds all of the setbacks for development in the Industrial Zoning District. The previous rendition of the PUD also included a plat and so there were some setback variations that were not highlighted as the plat would've corrected them. However, as previously noted the property could not be platted into one lot due to one parcel being in a TIF district and another parcel was not. The following setbacks are deviations from the City Code and are being incorporated via this amendment. Minimum Setback Standards (shown to the smallest dimension) Industrial District Setbacks Requirement _{proposed addition) 20' Front Yard 30' (Bldg. at SE corner of Lot 1) 8. Architecture/Exterior Materials: The applicant has proposed using preeast concrete walls (Class IV) for the building and EIFS (Class Ill material) surface over cast in place concrete walls for the processing vessel portion of the building. The applicant also proposes to use architectural metal panels (Class I material) along the south wall, and wrapped around the southern 40-100 feet of the sides of the building to help break up the linear look of the building along Verderosa Avenue. The design is functional, to accommodate the shape of the processing vessel but some of the elements proposed help to refine that design. The use of the darker earthy colors helps to calm down the look of the building so it doesn't stand out too much. The west elevation has the biggest expanse of the lighter colored wall, perhaps some darker coloring at or below the overhead doors would help to create a similar effect to the east elevation. The metal panels on the south wall help to break up a very long wall of the building and the panels almost give the feel of windows along that wall. The use of accent lighting on the metal panels at nighttime would likely enhance the look of the building and provide visual interest. The overall effect provides visual interest to a building which likely would've been a bland structure. The architectural requirements for industrial and warehouse buildings call for at least 2 Class I or Class II materials and be composed of 60% Class I or Class II materials, not more than 40% Class Ill and Class IV materials and in no case can Class IV materials exceed 10%. While the majority of the south wall uses Class I materials, architectural metal panels, the two primary building materials are Class Ill and Class IV materials so U:\City Planner\Pianning Cascs\20 13\07-03-13\07-03-13 PC Report - SaniGreen PUD Amendment to Sanimax- Verderosa Ave.doc PageS ofl5 the proposed building would not achieve the 60/40 ratio mentioned above. However, the proposal is a PUD and allows for some variation from the standards. In the 2010 approvals the materials used for the office renovation included Class I (glass) and Class Ill (EIFS) which was a big step up from the Class IV exterior that the warehouse building used to have. The processing addition was a composite metal panel which was textured. The material was necessary due to the clear heights necessary for the trucks to unload their product into the bins. The architectural standards allow architectural metal panels which cover a wall (i.e. copper, ACM metal panels) as a Class I material. 9. Height: The maximum allowable height is fifty (50) feet. Structures above fifty (50) feet require a Conditional Use Permit. The applicant has proposed stack heights for the new addition and the existing stacks that would bring the heights up to sixty-five (65) feet and would therefore require a CUP (again that PUD will take the place of the CUP). 10. Development Timeline/Phasing: No changes to the overall development timeline have been proposed. The proposed bio-digestion/renewable natural gas proposal would be plugged in for 2013. There are a number of other phases for the existing PUD which have not yet been completed. These appear to all be landscaping enhancement projects. Revised PUD Phasing YEAR WHAT IS INCLUDED? COMPLETED? 2010 Additional landscaping at the NW corner of the property No (between HRA lot and Sanimax) Existing warehouse renovated for offices (5,000 s.f.) Yes Mobile offices removed Yes Front parking lot Yes 2011 New processing addition (poultry processing- 11 ,000 s.f.) Yes Additional trailer storage paved No 2012 Front entry (landscaping I decorative entry sign/gate) No 2013 Berming and landscaping west of the Xcel Energy No substation 2013 SaniGreen Bioenergy- 50,000 s.f. (Proposed) 2014 Landscape feature (in front of renovated office and parking) N/A 2015 Trailer parking area paved, scale north of office building N/A 2016 New landscape feature and additional berming and landscaping in and behind the area of the current berm area N/A along Hardman Ave.- north and west of office building 11 . Grading and Drainage: The City Engineer and city engineering consultant, WSB, will need to review the applicants grading and drainage plans and revisions made to satisfy any issues prior to PUD approval. 12. NPDES Storm Water Permits and Maintenance Plan: An NPDES Storm Water Permit and Storm Water Facilities Maintenance Plan is required, and any required on-site treatment system shall be in place, before the issuance of final certificate of U:\Cily Planner\Planning Cases\2013\07-03- 13\07-03-13 PC Report - SaniGreen PUD Amendment to Sanimax - Verderosa Ave.doc Page 9 ofl5 occupancy. All interior storm sewer lines and pending shall be privately owned and maintained, subject to a City Engineer approved maintenance plan. 13. Utilities: Staff has reviewed the utilities in the surrounding area and determined that there is sufficient capacity to handle the proposed development. The applicant will need to work with the City's Engineering Department to establish the proper location for utility connections and other related utility items. 14. Lighting: The City Code requirement for lighting is not to exceed 1.0 foot candles at the street centerline. Lighting sources shall be downcast and/or shielded to prevent direct glare to meet City Code. A photometric plan has been included with the plan set and appears to meet Code. The applicant may use lighting to accent the metal panels along the south face of the building, providing another design element. Use of up lighting in this area would need to be such that the lights would not be distracting to pilots using the Holman Field or Fleming Field airports. 15. Parking: Overall proposed parking is short 3 parking spaces based on the number of "standard" parking spaces under City Code. The City Code requires parking for industrial, warehouse, and storage uses at 1 space per each 2 employees on maximum shift or 1 space per each 2,000 square feet of gross floor space, whichever is the greater requirement. This means that 14 parking spaces were required. Only 11 parking spaces are shown on the plan and the applicant states this is because the use requires much more space per employee than the standard. Parking is also shown on a table found on page 3. 16. Screening: Rooftop mechanical operating equipment is shown as being screened by metal panels to match the building. The gas cleanup area would be screened from the street by the building and from adjacent properties by the PVC fence which would surround the equipment area. The truck loading/unloading accesses would be within the building and are therefore screened from the majority of views. The dumpster enclosure is shown as a PVC fence enclosure but with new construction the enclosure should be the same material as the building rather than just fencing. 17. Landscape Lot Area I Landscaping: The Industrial District regulations require a minimum of 15% landscaping area on a site. Landscaping plans were submitted with the plans, and are attached for your review. City Code requires that deciduous trees have trunks of at least 2 Y2 inches in diameter and coniferous trees be at least five (5) feet in height. The minimum number of over-story trees is required to be equal to the diameter of the lot(s) divided by 70. Landscaping plans are supposed to certify that the plant materials are equal to or exceed two (2) percent of the cost of the proposed building(s). The Code does allow additional flexibility from these standards for buildings over $1 Million in cost at the discretion of the City Council. Additionally, since the property is within the boundaries of the MNRRA area, native plantings should be used. The other issue with landscaping is the high water table. The application indicates that trees have been selected with an eye toward complying with those conditions. 18. Signage Plans for the property show a potential wall sign on the west end of the south elevation (facing Verderosa Avenue) and a potential location for a monument sign on U:\City Planner\Pianning Cases\2013\07-03-13\07-03-13 PC Rep01t - SaniGreen PUD Amendment to Sanimax- Verderosa Ave.doc Page 10ofl5 that same side of the property as well. Any signage would need to be consistent with City Code for the Industrial District. 19. Public Correspondence I Correspondence from Neighboring Property Owners: Due to the height and potential influence of the proposed development public hearing notice for this application was extended beyond the legally required 350-foot area to 2,000 feet. Following is a summary of comments received before May 31 51 which have been included as an attachment. (none) 20. Other Plan Review Comments: i. A code analysis by a licensed state architect will be needed. The building construction type, occupant load, mechanical code, and plumbing code issues will be a factors that are considered. ii. Would the proposed facility increase odor in the area? Do they know for certain if it would or would not? iii. The exhaust stacks are well below the airspace of the Fleming Field airport. ALTERNATIVES The Planning Commission has the following actions available on the proposed application: A Approval. If the Planning Commission finds the application to be acceptable, the following action should be recommended for approval: Approval was previously granted for a Plat and Planned Unit Development (PUD) that included remodeling 4,830 square feet of the 545 Hardman building into permanent offices, a 11,115 square foot processing addition to the east side of the 545 Hardman building, additional scrubber stack heights, additional landscaping and berming, parking lot improvements, and a 1- lot plat (Sanimax Addition), subject to certain conditions. The approved PUD would be amended as follows: • Approval of the Amendment to the Planned Unit Development for development of a 50,000 square foot bio-digester renewable energy facility on the undeveloped Sanimax property north of Verderosa Avenue; subject to the following conditions: 1) Compliance with Plan Submittals. The site shall be utilized in substantial conformance with the application, narratives, and plans as noted below, on file with the Engineering Department, unless otherwise noted herein: a) Preliminary Plat and Surveys (Loucks Associates) dated 07/02/2010 b) Preliminary Civil Plans (Loucks Associates) dated 07/06/2010 c) Preliminary Architectural Elevations (KOMA, Inc.) dated 07/06/2010 d) Preliminary Landscape Plans (Loucks Associates) dated 07/06/2010 e) Photometric Plan (Williams Engineering) dated 07/06/2010 f) Application/Narrative (Sanimax) dated 07/06/2010 And specifically for the SaniGreen portion of the site: U:\City Planner\Planning Cases\2013\07-03-13\07-03-13 PC Rep01t- SaniGreen PUD Amendment to Sanimax - Verderosa Ave.doc Page 11 oflS g) Application/Narrative- 2013 (SaniGreen) dated 05/06/2013 h) Architectural Plans/Elevations (KOMA, Inc.) dated 05/06/2013 i) Architectural Rendering (KOMA, Inc.) dated 05/06/2013 j) Site Plan, Civil Plans, Landscape Plans (Loucks Associates) dated 05/06/2013 k) Stormwater Management Plan (Loucks Associates) dated 05/06/2013 I) Additional Narrative- Odor Control (Sanimax) dated 06/18/2013 2) Revised Final Plans. The applicant shall submit revised plans for review and approval by the City Planner, City Engineer, and City Building Official, prior to issuance of building permits. 3) Incorporation of Relevant Approvals and Extinguishing Previous Approvals that are no Longer Relevant. The applicant shall assist staff with identifying and inventorying all previous Conditional Use Permits (CUPs), Variances, and other approvals to determine whether the prior approvals are relevant. All relevant CUPs and Variances shall be incorporated into the Resolution prior to Building Permit approval. Approvals that are no longer relevant will be extinguished. 4) Final Plat Required. An application for a final plat shall be submitted within 6 months from the date of preliminary plat approval. The applioant may seek an extension for submitting the final plat but suoh a request for extension must be submitted in writing and prior to expiration of the 6 months. 5) Recording of the Final Plat. No building permits shall be issued until the final plat, with assooiated By Laws, Covenants, and Agreements, have been reoorded at the Dakota County Reoorder's offioe. 6) Revised Final Plans. The applicant shall submit detailed site plans (inoluding but not limited to utilities, landsoaping, lighting, grading and drainage, etc.) along with building plans and ele'Jations (listing exterior materials) for revie•N by the Planning Commission and City Counoil prior to Final Plat approval. 7) Revised Development Phasing. The landscaping features planned for 2010 through 2014 which have not been completed, will need to begin construction. Sanimax shall provide the City with a plan showing when the proposed landscaping plans would begin and when they would be completed. At a minimum the front entry I landscaping area west of the main offices shall be constructed in 2014. before the issuanoe of building permits for the new SaniGreon Bioenergy facility. Landsoaping featuros should be oompleted within 6 months from the begging of oonstruotion. SaniGreen would be inserted into the 2013 or 2014 development phasing dependent on the timing of the oonstruction of the landscaping features. 8) Landscaping Plans. Landscaping plans are subject to the review and approval of the City Planner. Landscaping plans shall include a planting schedule detailing the species, number of trees, and size of the trees to be planted. 9) Signage Plans. Signage plans are subject to the review and approval of the City Planner. 10) Building Plans I Building Permits. All building plans are subject to the review U:\City Planner\Pianning Cases\201 3\07-03-1 3\07-03-1 3 PC Report - SaniGreen PUD Amendment to Sanimax - Verderosa Ave.doc Page 12 ofl5 and approval of the City Building Official and South Metro Fire Marshal. 11) Compliance with Building and Fire Codes. The buildings must meet any and all building and fire codes, subject to the review and approval of the City Building Official and the City Fire Marshal, prior to occupancy of the building. 12) Screening of Mechanical Operating Equipment. All mechanical operating equipment shall be screened to meet City regulations subject to City staff review and approval. 13) Grading, Drainage and Utility Plans. All grading, drainage, and utility plans are subject to the review and approval of the City Engineer. 14) NPDES Storm Water Permit and Maintenance Plan. An NPDES Storm Water Permit and Stormwater Facilities Maintenance Plan is required, and any required on-site treatment system shall be in place, before the issuance of final certificate of occupancy. All interior storm sewer lines and pending shall be privately owned and maintained, subject to a City Engineer approved maintenance plan. 15) Exterior Storage Prohibited • General. There shall be no exterior storage of parts, accessories, garbage, refuse, debris, storage bins, and other similar items. 16) Necessary Approvals from Other Agencies. The applicant shall obtain all necessary approvals/permits from the Minnesota Department of Natural Resource (DNR), Minnesota Pollution Control Agency (MPCA), Dakota County and any other applicable regulatory agencies. 17) Parking on Hard-Surfaced Areas Only. All off-street driveway and parking areas must be hard-surfaced (concrete or asphalt), and perimetered with integral concrete curbing. 18) Additional Information Required on Odor!Odor Mitigation/Scrubber Stack Heights. Additional information regarding the odor from the existing facility, odor mitigation processes currently in use at the facility, heights and locations of the existing scrubbers, odor impact from the proposed processing addition with stacks at current levels (75 feet or less), and odor impact from the proposed processing addition and existing facility with scrubber stack heights up to 100 feet. Odor. All odor must be contained within the subject property and must not be detectable beyond the property line. It shall be a violation of this Planned Unit Development if odors are detectable in the ambient air at the property line that are equal to or greater than 4 dilution to threshold ("0/T") for two samples or observations not less than 15 minutes apart within a one-hour period, as measured by a field olfactometer device such as the Nasal Ranger Olfactometer or Scentometer Olfactometer, or such other odor detection device deemed appropriate by the City. 19) Maintenance of Landscaped Areas. The applicant or their successors and assigns shall be responsible for the on-going maintenance of the landscaped areas. This includes guaranteeing the health and viability of the proposed tree U:\City Planner\Planning Cases\2013\07-03-1 3\07-03-13 PC Repmt- SaniGreen PUD Amendment to Sanimax- Verderosa Ave.doc Page 13 ofl5 plantings. 20) Compliance with Laws and Approvals. The property must remain compliant with all federal, state, and local laws and ordinances and all prior City approvals. 21) Deadline for Improvements. All improvements must be completed by December 31 I 2016. B. Denial. If the Planning Commission does not favor the proposed application or portions thereof, the above requested should be recommended for denial. If the Planning Commission recommends denial, then findings of the basis for denial should be given. 1. The proposed use is not consistent with the general purpose and intent of the plan, in that a. The proposed use is not consistent with the Comprehensive Plan. The proposed site is located in the 494 Corridor and as such the use should have both good aesthetics and architectural features as well as not negatively impacting the area with odor. i. The previous changes to raise stack height did not result in decreased odors in the area. While Sanimax is likely not the sole creator of odors, undoubtedly some of the odors are created by Sanimax. Proposed changes to the scrubber system have not yet occurred. ii. There is not sufficient data provided to know whether the proposed use would result in odors. STAFF ANALYSIS Staff has reviewed the proposal and believes that are many positive elements. Establishing a venue for recycling organic material to produce renewable energy is fantastic idea, likely to be utilized more frequently across the country in coming years. The design for the proposed facility creates a predominantly a light industrial look and does some real positive things in terms of the simplicity and composition that make it feel like it would fit. The scrubber stacks and lack of windows are the noticeable differences between the proposed building and a typical building in the area. The application also indicates that the building would be under negative pressure and that deliveries to the facility and shipments out of the facility would all be done enclosed inside the building. The largest concern with the proposal, however, is still the potential for odor. There are other bio-digesters in the country but many of them seem to be in more agricultural settings. The location in a heavily populated metropolitan area means that control of odors from the building would be vital. Staff believes that there must be information available regarding before and after odor levels from the bio-digestion facilities, particularly from the ones in metropolitan settings, which could be provided to show that the proposed use would not be producing negative odors and impacting the surrounding community. Should the Commission recommend approval staff has included a condition on odor which has been used on several recent approvals, setting a standard for measuring odor. STAFF RECOMMENDATION U:\City Planner\Pianning Cases\20 13\07-03-13\07-03-13 PC Report - SaniGreen PUD Amendment to Sanimax- Verderosa Ave.doc Page 14 ofl5 Staff recommends approval of the proposed PUD Amendment for the proposed bioenergy facility subject to the conditions of approval noted above. Respectfully Submitted, Pdeft~~ Peter Hellegers, City Planner U:\City Planner\Planning Cases\2013\07-03-13\07-03-13 PC Report- SaniGreen PUD Amendment to Sanimax - Verderosa Ave.doc Page 15 ofl5 r.-Jsanimax June 18, 2013 Mr. Hellegers, 1 As follow up to our June 5 h Application hearing for the amendment of the current Sanimax Planned Unit Development {PUD), I would like to submit the following items to be added to the current request per our discussion at the Planning Commission meeting. 1. Technology and Techniques 2. Source Points for Odor emissions 3. Studies and Publications 4. Other Potential Odor Benefits To satisfy these requests, attachments will accompany this letter. Technology and Techniques The South St Paul community is a growing landscape of industry and business. SaniGreen's understands and embraces its responsibility to fit it the surroundings and operate as a good neighbor. Our efforts to meet and exceed the expectations of both the City and our community are evident in the technology that will be installed within the proposed facility. During our planning process, we have worked with the City of South St. Paul as well as expert consultants to develop techniques and processes that address the concerns of odor, traffic, and facility design. The use of negative pressure, a ventilation technique where the air pressure is kept lower than the su rrounding air, allowing air to naturally flow inward, will prevent contaminated air from escaping the facility. All interior process air will be channeled through an air scrubber system. A scrubber system removes odor, particulates and other contaminates from the air prior to exhausting the air from the building. The system proposed is seen below. (Link to the site) http://www.kchservices.com/products/scrubbers/odor-control-system Sanimax • P.O. Box 10067 • Green Bay • Wisconsin • U.S.A. 54307-0067 Tel: 920.494.5233 • Fax: 920.494.9141 Email: [email protected] • Web: www.sanimax.com r.-Jsanimax The HERC (Hennepin Energy Recovery Center) in Hennepin County is an example where odor control was not planned for, but became necessary. It provides a good before and after results for the techniques and technology which we have already incorporated into our designs. Here is an article referring to the use of negative pressure technology from Hennepin County study on the HERC. Click here HERC Abstract. This is the link to the award application which explains the changes utilized to improve odor and community relations- HERC- Waste to Energy Award Application HERC Abstract • Odors detected were characterized as garbage odors, garbage-related odors, and neighborhood odors. Baseline data showed that while garbage odors from HERC were mostly undetectable beyond the perimeter of the property, there was room for improvement in decreasing the presence and intensity of these odors. The tipping hall was designed to operate under negative pressure to control odors, however the entrance and exit doors were always open and a negative pressure could not be maintained. In 2005 new high-speed doors were installed on the entrances and exits to the tipping hall to help maintain a negative pressure. The new doors are motion activated and are closed except when trucks enter and exit. New waste management practices were also initiated to control waste deliveries and pit volumes, and odor control blankets were installed across one set of ventilation louvers in the tipping hall. These odor control measures have resulted in a decrease in the number of times odors from HERC are detected on and around the perimeter of the property and in the surrounding neighborhood. Th ey also resulted in a decrease in the intensity of the odors that were detected. HERC Award Document SaniGreen has proposed techniques and technology as cited below, but adjusted for our work load as the HERC is approximately two times the volume and six times the truck traffic. *Odor control modifications and technologies at HERC • Two 24-foot truck entrance and exit doors facing Target Field on the eastern side of the tipping hall were decommissioned. The asphalt roadways leading out of the former doors on the east side of the tipping hall were removed and replaced with extensive landscaping. The existing 24- foot entrance door on the south side of the tipping hall was lowered to 16 feet and recommissioned to be the new single exit door. o A new two-door truck entrance vestibule into the south side of the tipping hall and its approach roadway was constructed. A 16-foot truck entrance door portal was built into the exterior wall of a seldom-used MSW loadout-feeding area in the tipping hall. A new wall and 16-foot truck door was also constructed on the opposite end of the MSW loadout-feeding area, forming a truck entrance vestibule. A new asphalt approach road into the truck entrance vestibule was constructed. The vestibule doors allow only one truck to enter at a time, keeping at least one truck door closed at all times. This forms an airlock to keep odors in the tipping hall. Sanimax • P.O. Box 10067 • Green Bay • Wisconsin • U.S.A. 54307-0067 Tel: 920.494.5233 • Fax: 920.494.9141 Email: info@sanimax. com • Web: www.sa nimax.com cGsanimax • Three high-speed overhead doors were installed in the tipping hall and three were installed in the ash load out/scale building. • A vapor phase system to atomize and disperse a concentrated odor neutralization agent (as sub micron size droplets) was installed in the tipping hall. Two mobile tank/fan fogging units that dispense a fog of the odor neutralizing agent and water are used as a backup to the vapor phase system and for supplemental odor neutralization. The vapor phase system is operated continuously from April1 to November 1. Odor control is not needed in the winter. Only one door is open at a time in the two-door truck entrance system into the tipping hall, which helps keep odors inside the building .Hennepin Energy Recovery Center 18 Odor and Litter Control Operational Strategies • Odor monitoring around the HERC site has been conducted since 2004. From April to November, trained staff perform and document daily odor intensity (dilutions-to-threshold) monitoring surveys around the perimeter of the HERC facility, utilizing the Nasal Ranger° Field Olafactometer and procedure, as developed by St. Croix Sensory, Inc. • The volume of MSW stored in the tipping hall bunker is controlled by diverting some MSW haulers (to transfer stations, landfills or other MSW processing facilities) before and during periods of extended plant outages. • MSW in the storage bunker is constantly mixed and turned over. • A constant inward airflow into the tipping hall is maintained by use of high speed truck entrance/exit doors, including two-door entrance vestibule, and by drawing the furnaces' underfire air from inside the tipping hall. • A wet fog of diluted odor neutralization agent is dispersed via a mobile tank/fan fogging unit placed inside the truck exit door during all Twins home games and as otherwise needed. • HERC roadways and the tipping hall are swept by a traditional three-wheeled commercial street sweeper one to three times per week. A small mobile sweeper/ scrubber unit was purchased in 2011 to supplement the work of the contracted sweeper. • Odor-neutralizing granules are dispersed inside and outside the tipping hall as needed. • Daily outdoor litter picking is conducted. Source Points for Odor Emission Concerns: 1. Receiving Area o Solution: The reception area for feedstock is done within the building when fully enclosed. The building will be under negative pressure resulting in any odor originating from the feedstock will be kept within the building and treated through an air scrubber system. No outside receiving or storage is proposed. Also an electronic control system for the receiving doors, allowing only one door open at any given time reducing fugitive odors. Receiving pits covered with air scrubber intake; collection point. Sanimax • P.O. Box 10067 • Green Bay • Wisconsin • U.S.A. 54307-0067 Tel: 920.494.5233 • Fax: 920.494.9141 Email: [email protected] • Web: www.sanimax. com Qsanimax 2. Digestate and solids loading o The processing area for digestate is done within the building when fully enclosed. The building will be under negative pressure resulting in any odor originating from the feedstock will be kept within the building and treated through an air scrubber system. 3. Processing and Depackaging o All processing and de packaging equipment is located within the processing building. No materials will be depackaged or offloaded outside of the negative pressure facility. 4. Air Stack o All air leaving the building will be treated and released through the air scrubber system, in order to remove any odor causing compounds prior to entering the stack and exiting the facility. 5. Wastewater or effluent o All wastewater will be treated through a primary filtering system, removing odor causing organic material and recycling this back into the processing vessels. Treating the effluent water before it leaves the site significantly reduces the loading to the sewer systems by the existing Sanimax facility. This treatment system is a sealed system within the negative pressure facility. 6. Trucking o Several solutions help prevent this from being a concern. The facility will have the ability to take in two trucks at the same time. Unloading is kept simple and trucks can be unloaded and rinsed within 15 minutes. Combining this with a schedule truck pattern, will eliminate the need for staging trucks on-site. Due to the origin of the feedstock, local and regional trucking will be used to haul materials. A portion of this traffic exists today within the city resulting in less time and distance for these trucks to be on the road. As you will see from the layout below, we have taken careful consideration to maintain all operations within the building with only the gas cleanup system remaining outside of the building which is required by law. Sanimax • P.O. Box 10067 • Green Bay • Wisconsin • U.S.A. 54307-0067 Tel: 920.494.5233 • Fax: 920.494.9141 Email: [email protected] • Web: www.sanimax.com r--Jsanimax Columbia University Study Columbia University Study- GREENING WASTE: ANAEROBIC DIGESTION FOR TREATING THE ORGANIC FRACTION OF MUNICIPAL SOLID WASTES Here are a few excerpts from the paper. The full document can be found by clicking on this link Columbia University Study • "Another "waste" facility in the South Bronx, therefore, is justified only because the benefits outweigh the negative consequences. Some objections to waste transfer stations stem from the fact that waste is uncovered, causing odor and unsightly conditions. The AD facility would be completely enclosed with a negative air pressure system to ensure odor from decaying waste stays within the facility. Additionally, any air released would be filtered in a biofilter to eliminate odor. In sum, this will improve air quality in the area because less waste will be sent to local waste transfer stations. Waste stations are also notoriously unkempt, ugly, smelly dumps. This AD facility would only be successful if it were designed with an eye to aesthetics, including all machinery inside the plant and a wei/landscaped area surrounding it." • "Job creation gives another benefit to the community, as operating the plant would require approximately 10 full time workers, ranging from machine operators to managers. These jobs would be recruited from the community as training for an operator position requires the same skills as a wastewater treatment plant (Mendelsohn, 2004}." • "The city will profit by being able to complete a true costbenefit analysis on this facility in a NYC context, including environmental benefits such as reduced odor, greenhouse gases, fossil fuel dependence, wastewater requirements, and improved nutrient recycle." Support information on Systems and the use. The process of anaerobic digestion is very widely used and one of the fastest growing sectors for renewables. For the full fact sheet click here: Fact Sheet • Anaerobic digesters provide a variety of environmental and public health benefits including: greenhouse gas abatement, organic waste reduction, odor reduction, and pathogen destruction. • Anaerobic digestion is a carbon-neutral technology to produce biogas that can be used for eating, generating electricity, mechanical energy, or for supplementing the natural gas supply. • In 2010, 162 anaerobic digesters generated 453 million kWh of energy in the United States in agricultural operations, enough to power 25,000 average-sized homes. • In Europe, anaerobic digesters are used to convert agricultural, industrial, and municipal wastes into biogases that can be upgraded to 97 percent pure methane as a natural gas substitute or to Sanimax • P.O. Box 10067 • Green Bay • Wisconsin • U.S.A. 54307-0067 Tel: 920.494.5233 • Fax: 920.494.9141 Email: [email protected] • Web: www.sanimax.com Qsanimax generate electricity. Germany leads the European nations with 6,800 large-scale anaerobic digesters, followed by Austria with 551. Danish EPA Standards for Odor control "The Danish EPA recommends that the odour concentration in residential areas does not exceed 5-10 OU/m3 outside the boundary line of the enterprise. In actual open spaces this concentration may be increased by a factor 2 -3 in certain areas. Different contributions from the same enterprise must be included. The Danish EPA has set guidelines for a practice that the contribution of any enterprise to smell in the surroundings must not exceed 10 OU/m3 in areas of commerce, industry and agriculture, and 5 LE/m 3 in purely residential areas. "Jorgenson, "Forebyggelse af lugt og andre barrierer for biogasanlag, 2007.2 The subsequent study evaluated achievement of these standards by the operating Danish centralized AD plants. Where the procedures were followed, there were no odor problems and facilities can achieve the 5-10 OU/m3 standard. The study also found that real estate values of adjacent property had not been adversely affected by biogas plants. Danish EPA has also developed a best practices standard: "Slurry and liquid biomasses as well as degassed biomass may be unloaded in a closed system that includes cleansing of extraction air. Solid, strong smelling biomasses should be unloaded in a closed hall where ventilation ensures partial vacuum. Ventilation plants should ensure constant partial vacuum in the unloading hall, reception tank and other places where odour occurs in order to avoid diffuse odour emissions. For example, ventilation air may be cleansed in a bio filter. The bio filter should be dimensioned to the given max. amount of air and there should be clear instructions concerning control, operation and maintenance." Jorgenson, 2007. By comparison, some common odors can be expressed in odor units (OU/m3). Swine manure has been measured at 501 OU/m3 during the first hour of application to fields. Animal Agriculture and the Environment (2006). Pain B.F., Rees Y.J ., Lockyer D.R. 1988. Odour and ammonia emmision following the application of pig or cattle slurry to land. In Volatile emissions from livestock farming and sewage operations (Nielson VC, Voorburg JH, L'Hermite P, Editors), Elsevier Applied Science Publishers, UK, 2-11. Raw sewage sludge can have odor of over 1000 OU/m3. Calvin Pride, "Photo Ionization: A New Alternative For Odor Control,: CLEAR WATERS, Spring 2011 White paper on Danish EPA Odor Control The Development of Anaerobic Digestion Plants in Cornwall, England Cornwall is a county with the country of England where AD systems continue to be integrated into the everyday life of the urban settings. The Cornwall Council published this guidance document for all interested parties proposing to site an AD system within the county in accordance with their core strategies with respect to renewable energy. Anaerobic Digestion Plants in Corwall- Checklist Check list to review and consider when planning Sanimax • P.O. Box 10067 • Green Bay • Wisconsin • U.S.A. 54307-0067 Tel: 920.494.5233 • Fax: 920.494.9141 Email: [email protected] • Web: www.sanimax. com (CJsanimax Planning Considerations Design Solutions from SaniGreen BioEnergy I. Landscape and visual impact ./ Addressed through design and visual appearance 2. Design of the building ./ Designed to fit the urban surroundings 3. Landscaping and Boundary treatments ./ Landscaping designs consider soils and surroundings ./ Reduce road traffic based on proximity to the highway access points 4. Traffic; access and movements ./ Portion of the traffic already exists in the area today ./ Enclosed and sealed facility ./ Electronic controls allowing only one door open at a time 5. Emissions, Odor and air quality ./ Negative pressure ./ Air scmbbing system ./ No outside storage 6. Pest Control ./ Jndo or operations, no outside storage or transfers 7. Noise ./ All operations indoors; Generator room designed fo r noise reduction 8. Security and Lighting ./ Security fencing and gate with additional lighting ./ Storm Water management plan and fresh water conservation practices 10. Water Management ./ Treatment of over 300,000 gallons/day of previously untreated water II. Grid Connection ./ Xcel Energy gas connection and electrical supply to rendering facility 12. Community Involvement and Engagement ./ Working diligently with the City, surrounding businesses, and community leaders Additional potential benefits: Electrical Generator-This could supply a supplemental power system for the existing rendering plant. The additional power supply would allow the air treatment systems and scrubber to continue operations should the plant lose electrical seNice or power. Wastewater- The waste water produced from the rendering facility is high in organic materials. Treating this waste stream before it enters the public wastewater system reducing the potential for fugitive odors downstream of the facility. (Lift stations, vents, ect) Futu re Transfer Stations and logistics costs - With aggressive goals in food waste diversion set for the future, and the potential for organic diversion mandates, many communities do not have the infrastructure to handle this waste stream today. A solution which provides a single handling process and reduces the distance to treatment will be a cost savings to the focal area. With this information, we are intending to satisfy the questions raised by the Planning Commission about the proposed facility. If we have not answered all questions or you are looking for additional information, please contact me directly, [email protected] or by phone 920-494-5233. Best regards, -, / .... // , / /li' /---- ·:[, ..:~ ....: ~ :· ~.. - · 7 ; . ~- ( -·· - , Dan Ostrenga Director of Organic Solutions-Sanimax USA Sanimax • P.O. Box 10067 • Green Bay • Wisconsin • U.S.A. 54307-0067 Tel: 920.494.5233 • Fax: 920.494.9141 Email: [email protected] • Web : www.sanimax.com ~Sam Green !( SANIGREEN BIOENERGY o:c€14EPGY 'I SOUTH ST. PAUL, MN ---.. - .,.• .· ~ ICUCH. O'lti lN. MUHU_..,_ t& MSOCWU..., __ o.,.- SCAVN!EA STACK - - GASCl..EA.JU>fQ!JlhttHT tlat;.~oot,_,. WJDf f'VCffNU SWENING ~~ 6SU.5 1.UOS ·-w • Hd 109-11 ~~~~ ~~ -- SCAU8MitSTACKS - -· Pfl.l-rtNISH(() METN.. ,ANO.S0"1 ST Efl ' SUBSTRUCT\.!RE ATT"-OfEO TO !!>UllOING IOFFSfT WJ Illz 0 ~ w .J ~ w .,,. "' ~.,z 1:11: z"% 0 ~~J 1-f ~~; 1:11: z• o. w 5~~ .,~ % ~ zo::oM Q~ •~o PRE.fiNI $+4!0 METAl. w .. > .. PAAflS OH Slt:r l SUBSft.UCT\.Ilf An .&CHlO r- "'-I!RNISHED HnM. ~0 ~~ TO 1\JILOING (OfFseT 161 CO'LNG ~ -- Pi CiitOO"Ott'--: l MS H ENCLOSUI\E -rM~ M"il wmt PVCF eKt."fG ~~--- - PUD AMENDMENT Al ------ -- ,_ - -- ------r- > (ij~ OJ z -< . J I l5~ ~ u ~~ -• J' ...~ ·J1. g ll ·..l!l,, ! /.{t2 ::: ll ~ J "" •i 1;1, rp ro t il < J1 . ~ ' Vl ~ ! .... __ _ ,_, ...... / ·( I I I I I tl .~ I I ,::!1 I ... I , I I I· I ... ·"'\ I ' ' r E t) •• t g r• •nh ::: ll jill ~! u< j! !I I ------::-·····-···· ·· :I ..I I ' \ \ \ \ \ I \ t I i _,_ .... ---·------ J OO iOOO ( .I ~ I ,~ .... \ \ gI \ \ \ ' I \ \ ' I \ I "I \ I Bl \ l \ 1"""1 \ II I I \ Ill I Il l I \J I I 'I, ,I I I I \. \ I \ I I I I I I I I City Council Agenda Report Date: August 19, 2013 Department: City Plan~ Administrator: .s;:~ k Agenda Item: Kaposia Education Center- Variance/CUP Bldg. Addition/Site Plan Action to be considered: Consider adoption of Resolution 2013-137 which would approve a Variance and Conditional Use Permit (CUP) for a building addition of approximately 6,500 square feet and site plan changes. Overview: Wold Architects on behalf of Special School District #6 has filed an application for a Conditional Use Permit (CUP) and variance for a 6,500 square foot addition to the south side of the Kaposia Education Center, amending the northern portion of the existing parking lot and service drive, adding a faculty overflow parking area at the northeast corner of the property and relocating the existing hard surface play area onto the green space to the south. The proposed 2-story addition would match the height and architecture of the existing building and add approximately 6 classrooms to the building, providing capacity for early childhood (ECFE) programming and additional Kindergarten space. The proposed addition would initially add students and staff to the building for first year. However, the applicant indicates that after projects are compete at the High School building the plan is to relocate 61h grade to that location. The proposal includes changing the north parking lot access from 151 Avenue South to Dale Street. This design would allow for 15 additional parking spaces in the lot and would allow for a reconfiguration of the service drive so that deliveries would be able to access the drive from the parking lot rather than having to back into the service drive from Dale Street. An overflow staff parking lot is proposed for the northeast corner of the site, in the area of the existing hard play area. The proposed parking lot would accommodate 28 vehicles including 2 accessible parking spaces. Screening is proposed along the north and east sides of the parking lot to screen the parking lot from nearby residential properties. Play areas disturbed by the addition and parking modifications would also be relocated on the site. Planning Commission Recommendation: The Planning Commission held a public hearing on August 7, 2013 and at the conclusion of the public hearing recommended approval of the Variance/Conditional Use Permit for the proposed building addition and site plan modifications ( 6-0) subject to the conditions of approval as proposed in the staff report to the Planning Commission. At the meeting staff presented their recommendation to have the northeast parking lot used as a "proof of parking" area which could be approved as part of the plan to show that there was space for adequate parking but would not be constructed immediately. The benefit to this would be that it would allow the City and school district to monitor parking at the site and determine if the expansion to the west parking lot was sufficient before building the new northeast parking lot. Staff recommend this course of action as the proposal seemed to indicate fluctuating need for parking with the changeover to have the 6th grade at the High School within the next 1-2 years, thus potentially freeing up space at the school and possibly diminishing the need for parking. Mr. M. Florin, 149 Frost St. E., questioned the need for the northeast parking lot, stated that spaces were available in the existing lot, and asked how much the parking lot would cost. The School District and their design team stated that they would withdraw the request for not only the northeast parking lot but also the expansion on the existing parking lot to have more time to review parking need before coming forward with new plans for parking. This change would've made the discussion about "proof of parking" a moot point. However, this change did however apparently create an issue for the neighbors on the south side of the school site. D. Truesdell, 114 Spruce Street, spoke to the situation on Spruce Street where he stated the faculty often parked along the south side of the street occupying the parking in front of their homes and making it difficult for the City to clear the snow in that area. He spoke to the need for additional off-street parking and questioned why the north side of Spruce had a yellow curb instead of being used to accommodate some faculty parking in that location. Citizen Comments/Questions: Staff received several pieces of written correspondence on this item prior to the Planning Commission meeting and there were a handful of people who spoke at the public hearing. The comments could be condensed into 3 groups: those opposed to the parking lot proposed for the northeast comer of the site, those concerned with/opposed to the addition to the existing parking lot, and those concerned with the lack of existing parking on the site and the spillover effects on Spruce Street. The first group raised concern about the proposed 28-space parking lot at the northeast comer of the property mainly due to concerns that they felt the parking lot was not necessary, that the lot may increase traffic in that area, that the lot would not be used by faculty and would be used by parents instead, and that the lot was not necessary as they stated the existing lot has parking spaces available. The second group, mainly residents to the north of the existing parking lot on Dale Street, was concerned with the new driveway access going to Dale Street instead of first, and the revised truck loading/unloading area. This area currently has the truck loading area but not the car traffic and thought that they would bear an unfair amount of the burden of the change whereas they characterized the existing situation as more fairly distributed. The third group stated that many of the staff do not currently park in the parking lot and instead park on the south side of Spruce Street in front of their homes. This group was interested in seeing additional off-street parking and concerned with the School District's proposal to withdraw the parking portion of their application and presumably staffs recommendation for the proof ofparking area as well. Subsequently, it is this group that staff has heard from as being the most concerned and is opposed to the building addition without having additional parking, to ensure that it doesn't worsen the existing situation but also to help improve the existing situation as well. Mr. Truesdell and Ms. F. Jackson, both Spruce Street residents, contacted staff via telephone after the Planning Commission meeting to express their opposition to the application as it was recommended to the Council. Staff Recommendation: Staff recommends approval of the proposed Variance/Conditional Use Permit a building addition of approximately 6,500 square feet and related site plan amendments, subject to the conditions of approval as noted in Resolution 2013-137. 60 -Day Review Deadline: n/a Source of Funds: n/a City of South St. Paul Dakota County, Minnesota RESOLUTION NUMBER 2013-137 RESOLUTION RELATED TO ZONING: APPROVING A VARIANCE AND CONDITIONAL USE PERMIT FOR A BUILDING ADDITION AND SITE PLAN AMENDMENTS WHEREAS, the City received an application from Wold Architects on behalf of Special School District Number Six for a Conditional Use Permit and Site Plan for a building addition of approximately 6,500 square feet along with site plan changes including an addition to the existing parking lot and the construction of a new parking lot, for the property located at 1225 pt Avenue South, South St. Paul, Minnesota, and legally described as follows: (see attached) WHEREAS, the Planning Commission held a public hearing on the application, preceded by notice as required by law; and WHEREAS, at the Planning Commission meeting on August 7, 20 13 the applicants stated that they were withdrawing their requests for the parking lot addition and new parking lot and were only going to proceed with the building addition proposal at this time; and WHEREAS, the Planning Commission took action to recommend approval of the Variance/Conditional Use Permit and Site Plan at their August 7, 2013 meeting (6-0) subject to certain conditions of approval; and WHEREAS, the City Council has considered the application at its regular City Council meeting on August 19, 20 13 , reviewed the recommendation of the Planning Commission and evaluated all other evidence presented for consideration; NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe CityofSouth St. Paul, Minnesota as follows: 1. Facts. The facts found by the Planning Commission as stated in the Planner's report regarding this matter are hereby adopted and included herein by reference. 2. Determination. The City Council determines that the proposed variance and conditional use permit will not be detrimental to the health, safety, or general welfare of the community, nor will it cause serious traffic congestion or hazards, nor will it seriously depreciate surrounding property values, and it is in harmony with the general purpose and intent of the Zoning Code. Additionally, the City Council determines that the applicant has proposed to utilize the property in a reasonable manner, that the plight of the applicant is due to circumstances unique to the property that were not created by the applicant, and the proposed variance would not alter the essential character of the neighborhood. 3. Variance and Conditional Use Permit. A Variance/Conditional Use Permit for a building addition of approximately 6,500 square feet with modifications to the site plan to allow the addition of the north side of the existing parking lot and service drive, and a proposed parking lot at the northeast comer for the property located at 1225 1st A venue South, South St. Paul, Dakota County, Minnesota, is hereby granted with the following conditions: A. Compliance with Plan Submittals. The site shall be utilized in substantial conformance with the application, narratives, and plans as noted below, on file with the Engineering Department, unless otherwise noted herein: a. Application/Narrative (Wold Architects) dated 07/0812013 b. Site Plan (Wold Architects) dated 07/08/2013 c. Preliminary Architectural Rendering (Wold Architects) dated 07/0812013 B. Revised Final Plans. The applicant shall submit revised plans for review and approval by the City Planner, City Engineer, and City Building Official, prior to issuance of building permits. C. Landscaping Plans. Landscaping plans are subject to the review and approval of the City Planner. Landscaping plans shall include a planting schedule detailing the species, number of trees, and size of the trees to be planted. D. Signage Plans. Signage plans are subject to the review and approval of the City Planner. E. Building Plans I Building Permits. All building plans are subject to the review and approval of the City Building Official and South Metro Fire Marshal. F. Compliance with Building and Fire Codes. The buildings must meet any and all building and fire codes, subject to the review and approval of the City Building Official and the City Fire Marshal, prior to occupancy of the building. G. Parking. Northeast Parking Lot as Proof of Parking. The proposed addition to the building and site changes may create the need for additional parking, however changes to the programming at the school within the next 18 months make it difficult to determine if the parking need is a short term or long term need, therefore the property owner (School District) shall abide by the following provisions regarding parking: a. Parking in the existing parking lot and on side streets adjacent to the school (Dale, Syndicate, Spruce, and 1st) will be monitored during peak and non-peak hours on days when school is in session and when students or faculty are typically present to determine current parking demand. The School District shall monitor the parking situation and shall return to the City Council within 18 months to review their findings. If the current parking demand is found to consistently exceed the current parking supply then the School District shall take the following steps: 1. An addition to the existing parking lot as originally proposed would be held as "proof of parking." Addition(s) to the existing parking lot shall first be utilized as a means to alleviate parking space deficiencies. 11 . The parking lot proposed for the northeast corner of the property would be held as "proof of parking." If additional parking is required beyond the amount available in the existing parking lot with the additions then the School District would return to the City to review a potential parking lot at the northeast corner of the property. b. The School District shall immediately begin to review existing on-street parking around the school to determine if there are opportunities to accommodate faculty and parent/guest parking in unutilized or underutilized areas. c. The School District shall immediately begin reviewing parking management at the existing parking lot to produce maximum parking space utilization. d. The parking lot proposed for the northeast comer of the property should be held as "proof of parking" and should not be constructed as part of the initial construction. The applicant shall see if changes to the site within the next year still necessitate the parking. If the parking is thought at that time to be necessary, then the applicant could construct the parking lot to meet City Code. If the parking is found not to be necessary then the play area and recreational spaces east of the building would be able to remain as they currently are. H. Screening of Mechanical Operating Equipment and Parking. All mechanical operating equipment shall be screened to meet City regulations subject to City staff review and approval. Parking areas shall provide screening consistent with City Code to minimize headlight glare impacts on residential properties. I. Grading, Drainage and Utility Plans. All grading, drainage, and utility plans are subject to the review and approval of the City Engineer. J. NPDES Storm Water Permit and Maintenance Plan. An NPDES Storm Water Permit and Stormwater Facilities Maintenance Plan is required, and any required on-site treatment system shall be in place, before the issuance of final certificate of occupancy. All interior storm sewer lines and ponding shall be privately owned and maintained, subject to a City Engineer approved maintenance plan. K. Parking on Hard-Surfaced Areas Only. All off-street driveway and parking areas must be hard-surfaced (concrete or asphalt), and perimetered with integral concrete curbing. L. Maintenance of Landscaped Areas. The applicant or their successors and assigns shall be responsible for the on-going maintenance of the landscaped areas. This includes guaranteeing the health and viability of the proposed tree plantings. M. Compliance with Laws and Approvals. The property must remain compliant with all federal, state, and local laws and ordinances and all prior City approvals. Adopted this 191h day of August, 2013 City Clerk Planning Commission PC Agenda Meeting Date: City of South St. Paul Item: Wednesday, - Planning Commission Report 3.A August 7, 2013 •-· Project Name: Kaposia Education Center - CUP I Variance Site Address: 1225 1 st Avenue South I PID: multiple PID's Applicant: Wold Architects for SSP Schools Request: Consider the request for a CUP amendment to allow a 2 ,050 s.f. addition and Proceeding: Public Hearing I Planning Commission Recommendation Tentative City Council August 19, 2013 Meeting Date: Deadline: September 5, 2013 *The City must act on this request by this 60-day review period deadline unless the city provides the applicant with written reasons for why additional time, up to a maximum of 120 days, is required . The City may extend the review_Q_eriod beyond the 120 days but only with the applicant's consent. Exhibits: A Location map B. Correspondence from neighboring property owners C. Materials submitted by the applicant BACKGROUND Wold Architects on behalf of Special School District #6 has filed an application for a Conditional Use Permit (CUP) and variance for a 6,500 square foot addition to the south side of the Kaposia Education Center, amending the northern portion of the existing parking lot and service drive, adding a faculty overflow parking area at the northeast corner of the property and relocating the existing hard surface play area onto the green space to the south. The proposed 2-story addition would match the height and architecture of the existing building and add approximately 6 classrooms to the building, providing capacity for early childhood (ECFE) programming and additional Kindergarten space. The proposed addition would initially add students and staff to the building for first year. However, the applicant indicates that after projects are compete at the High School building the plan is to relocate 61h grade to that location. The proposal includes changing the north parking lot access from 1 st Avenue South to Dale Street. This design would allow for 15 additional parking spaces in the lot and would allow for a reconfiguration of the service drive so that deliveries would be able to access the drive from the parking lot rather than having to back into the service drive from Dale Street. An overflow staff parking lot is proposed for the northeast corner of the site, in the area of the existing hard play area. The proposed parking lot would accommodate 28 vehicles including 2 accessible parking spaces. Screening is proposed along the north and east sides of the parking lot to screen the parking lot from nearby residential properties. Play areas disturbed by the addition and parking modifications would also be relocated on the site. U:\City Planner\Pianning Cases\2013\08-07-13\08-07-13 PC Report- SSP Schools - Kaposia CUP and Variance- 08-07-IJ.doc Page 1 of8 Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use Detached Single Family North Low Density Residential R-2: Duplex Residence Residential R-2: Duplex Residence South Low Density Residential Detached Single Family Residential R-2: Duplex Residence Detached Single Family East Low Density Residential Residential R-2: Duplex Residence Detached Single Family West Low Density Residential Residential Subject Property Site Data Future Land Use Plan Institutional Existing Land Use Institutional (school) Zoning R-2: Duplex Residence I P: Public Overlay Property Size 8.15 acres (355,014 square fee t) Topography Reasonably flat ZONING SUMMARY: Bulk Requirements Required Proposed Front yard (west) Rear yard (east) 25ft. EVALUATION OF THE REQUEST A. CONDITIONAL USE PERMIT The code review has been divided into categories to simplify the review. 1. Use: The Conditional Use Permit (CUP) is for a land use which is generally compatible with all other uses in the district where it is located but should not be permitted as a matter of right in every area within the district because of special circumstances that the use or location may present. Therefore the CUP is judged on the basis of standards and criteria specified in the code (see below) and the City is U:\City Planner\Planning Cascs\08-07-13 PC Report- SSP Schools - Kaposia CUP and Variance- 08-07-13.doc Page 2 of8 allowed to impose appropriate conditions and restrictions on the CUP. The Zoning Code instructs the Planning Commission and City Council to make the following findings when considering a CUP: Conditional Use Permit Findings: ../ The proposed conditional use conforms to the general purpose and intent of the zoning code . ../ The conditional use will not substantially diminish or impair property values within the neighborhood, and in consideration of this question the comparison of the use shall be with respect to uses that are permitted without a Conditional Use Permit in the district which the use is located. ../ The conditional use will not impede the normal and orderly development and improvement of property in the neighborhood for uses permitted in the district affected. ../ Adequate utilities, access roads, streets, drainage, and other necessary facilities have been provided. ../ Adequate measures have been or will be taken to provide ingress and egress in such a manner as to minimize traffic congestion and hazards in the public streets. Staff has reviewed the proposal and determined that the use conforms to the general purpose of the Zoning Code. The property is located in the R-2 zoning district which allows for schools as conditional uses. The proposed addition would be to the south to minimize the impact on parking and loss of playground area. 2. Variance Findings (for the building addition portion of the application) In variance cases the City is required to make findings in regard to practical difficulties as used in connection with the granting of a variance as defined by State Statute 462.357, subd. 6 and in City Code Section 118-39. The City must make the following findings in considering approval of a variance: a. The variance is in harmony with the general purpose and intent of the ordinance b. The terms of the variance are consistent with the Comprehensive Plan, and c. The applicant for the variance establishes th at there are practical difficulties in complying with the ordinance. (Economic considerations alone do not constitute practical difficulties). Practical difficulties as used in connection with the granting of a variance means that: i. Th e property owner proposes to utilize the property in a reasonable manner. ii. The plight of the property owner is due to circumstances unique to the property that were not created by the property owner, and iii. The variance will not alter the essential character of the neighborhood. Staff has reviewed the proposal and determined that the use conforms to the general purpose of the Zoning Code and with conditions should not substantially diminish or impair property values, will not impede the normal and orderly development of property U:\City Planner\Planning Cascs\08-07-13 PC Report - SSP Schools - Kaposia CUP and Variance - 08-07-I J.doc Page3 of8 in the neighborhood, already has adequate utilities, and as an existing building has adequate ingress and egress. 3. Architecture/Exterior Materials: The applicant has proposed using brick so that the color and material match the exterior of Kaposia Education Center. 4. Height: The height of the proposed addition would match the height of the existing building and would therefore not be a dramatic change for the neighborhood. The addition would be about 50 feet closer than the existing structure so the 2-story structure would be more noticeable. The substantial setbacks to the east and west mean that the building should only feel noticeable closer for the properties on the south. Again there is 60 feet of right of way and a 19 foot setback but this would be a noticeable change for these properties. 5. Grading and Drainage: The City Engineer and city engineering consultant, WSB, will need to review the applicants grading and drainage plans and revisions made to satisfy any issues that can be submitted at the time of bu ild ing permit application. 6. Utilities: Staff has reviewed the utilities in the surrounding area and determined that there is sufficient capacity to handle the proposed development. The applicant will need to work with the City's Engineering Department to establish the proper location for utility connections and other related utility items. 7. Lighting : The City Code requirement for lighting is not to exceed 1.0 foot candles at the street centerline and 0.4 foot candles at the property line of adjacent residential properties. Lighting sources shall be downcast and/or shielded to prevent direct glare to meet City Code. A photometric plan and lighting cut sheets should be included with th e plan sets at the time of building permit application. 8. Parking: The applicant has proposed a staff overflow parking lot in the northeast corner of the property. The application states that this purpose of this "overflow" lot is to allow the staff to park in that location thus freeing parking space in the existing western parking lot for parents during drop off and pick up times. The additional parking may be more in need with the addition of the ECFE programs which typically involve both parent and child as part of these classes. However, the additional parking lot would displace the existing hard surface play area which would then have to be relocated on the existing athletic field area south of the soft play area along Syndicate. As noted in the application the addition of the extra activities at the site would likely have an impact on the property for the first year but would dissipate somewhat when 1 6 h grade was relocated to the High School. Therefore, an alternative idea may be to hold off on the northeast parking lot as a "proof of parking" area and see how the 1 parking situation works out over the next year and a half. If once the 6 h grade is relocated the parking demand decreases then there won't be a glut of parking and the loss of recreational space at the school. If however, parking is still found to be in need then the parking lot would still be able to be built. 7. Screening: Any rooftop mechanical operating equipment would need to be screened. The applicant has proposed screening for the roof top units. Parking areas with more than 6 vehicles (the parking lots) need to provide some screening from adjacent residential properties. Landscape screening is shown for the parking lot at the U:\City Planncr\Planning Cases\08-07-13 PC Report - SSP Schools- KaposiaCUP and Variance- 08-07-13.doc Page4 of8 northeast corner but some landscape screening may also be in order for the expanded west parking lot. 8. Landscape Lot Area I Landscapinq: The proposed development will take up greenspace to the south of the building and cause the relocation of hard surface play area onto existing athletic fields. Therefore there is a net loss in landscape area but it appears that more than half of the site would still be greenspace. The applicant will be planting additional trees and shrubs on the site but a full landscape plan was not provided. A landscape plan will be required at the time a building permit application is submitted. 9. Public Correspondence I Correspondence from Neighboring Property Owners: Following is a summary of questions/comments received before May 31 51 which have been included as an attachment. • What are the costs of the project? o What is the cost of the parking lot at the northeast corner of the site? • Why are they building the staff overflow parking lot, they don't need it. They already have parking available in their lot all the time. • The proposed parking lot at the NE corner will bring more noise and traffic to the area. • There are not sufficient stop signs in the area, what will the school do to address the traffic? Are they going to be putting up additional stop signs in the area? • Concerned that the driveway from the NE corner parking lot would line up with the alley between Dale and Douglas and send more traffic down the alley, can 't they do that a different way? • If parking is available in the NE corner parking lot they people picking up there kids will park there. What can or is the school doing to address this . being only a staff parking lot? • People park all over Syndicate at Spruce, etcetera and it is dangerous, won't this make it worse? What are they doing to address that traffic/safety issue? • Would it be possible to have no parking on the right-hand side (south) of 1 Dale Street from 5 h Avenue east to 1st Avenue? Cars are constantly parked there and it becomes too tight to get through with cars parked, traffic, buses, etc. • What are the street widths in the area? Syndicate seems narrower so it's probably not as good of a location to put additional parking. o (from staff) Here are the street widths: • Dale Street East- 32.5 feet back of curb to back of curb. • Syndicate Avenue- 32 feet (b-b) • Spruce Street East - 33.5 feet (b-b) • 151 Avenue South- 32.5 feet (b-b) • Regarding the addition to the existing parking lot; with the proposed access directly to Dale Street, the neighbors across the street feel like they're getting all of the burden (versus sending the outward traffic to 1 st Avenue). Why have the access to Dale as opposed to 151 Avenue South? U:\Ciry Planner\Pianning Cases\08-07-13 PC Report - SSP Schools - Kaposi a CU P and Variance - 08-07-13 .doc Page 5 of8 • How would the truck access function? Doesn't believe that trucks would drive through the parking lot (to access service drive) and expect them to back up from Dale, which this design is even worse for. • Why not keep existing truck access instead? • What about parking lot screening for properties to the north - where are the shrubs or fencing on their side? • They could potentially fit in 5-10 more parking spaces at the NW portion of the site if they kept the existing parking lot access instead of the new one, why not do that instead of the planned north access to Dale Street? • The new parking lot addition would flow more or less into the area with the buses. How are they going to keep the car traffic away from the buses and kids loading into the buses? • The proposed design is not fair to the residents to the north of the property on Dale Street. The existing design spreads the inconvenience around instead of hitting one area so disparately, why can 't they keep the access to 1st Avenue instead? 10. Other Plan Review Comments: i. The entrance I exit being on different streets should help with the flow of traffic. ii . ALTERNATIVES The Planning Commission has the following actions available on the proposed application: A. Approval. If the Planning Commission finds the application to be acceptable, the following action should be recommended for approval: • Approval of a Conditional Use Permit (CUP) and Variance that includes a 6-foot variance for a 6,500 square foot addition to the south side of Kaposia Education Center, and modifications to the site plan to allow the addition to the north side of the existing parking lot and service drive, and a proposed parking lot at the northeast corner of the property for the school located at 1225 pt Avenue South, subject to the following conditions: 1) Compliance with Plan Submittals. The site shall be utilized in substantial conformance with the application, narratives, and plans as noted below, on file with the Engineering Department, unless otherwise noted herein: a) Application/Narrative (Wold Architects) dated 07/08/2013 b) Site Plan (Wold Architects) dated 07/08/2013 c) Preliminary Architectural Rendering (Wold Architects) dated 07/08/2013 2) Revised Final Plans. The applicant shall submit revised plans for review and approval by the City Planner, City Engineer, and City Building Official, prior to issuance of building permits. 3) Landscaping Plans. Landscaping plans are subject to the review and approval of U:\City Planncr\Pianning Cascs\08-07- 13 PC Repon - SSP Schools- Kaposia CUP and Variance - 08-07-13.doc Page 6 of8 the City Planner. Landscaping plans shall include a planting schedule detailing the species, number of trees, and size of the trees to be planted. 4) Signage Plans. Signage plans are subject to the review and approval of the City Planner. 5) Building Plans I Building Permits. All building plans are subject to the review and approval of the City Building Official and South Metro Fire Marshal. 6) Compliance with Building and Fire Codes. The buildings must meet any and all building and fire codes, subject to the review and approval of the City Building Official and the City Fire Marshal, prior to occupancy of the building. 7) Northeast Parking Lot as Proof of Parking. The parking lot proposed for the northeast corner of the property should be held as "proof of parking" and should not be constructed as part of the initial construction. The applicant shall see if changes to the site within the next year still necessitate the parking. If the parking is thought at that time to be necessary, then the applicant could construct the parking lot to meet City Code. If the parking is found not to be necessary then the play area and recreational spaces east of the building would be able to remain as they currently are. 8) Screening of Mechanical Operating Equipment and Parking. All mechanical operating equipment shall be screened to meet City regulations subject to City staff review and approval. Parking areas shall provide screening consistent with City Code to minimize headlight glare impacts on residential properties. 9) Grading, Drainage and Utility Plans. All grading, drainage, and utility plans are subject to the review and approval of the City Engineer. 1 0) NPDES Storm Water Permit and Maintenance Plan. An NPDES Storm Water Permit and Stormwater Facilities Maintenance Plan is required, and any required on-site treatment system shall be in place, before the issuance of final certificate of occupancy. All interior storm sewer lines and ponding shall be privately owned and maintained, subject to a City Engineer approved maintenance plan. 11) Parking on Hard-Surfaced Areas Only. All off-street driveway and parking areas must be hard-surfaced (concrete or asphalt), and perimetered with integral concrete curbing . 12) Maintenance of Landscaped Areas. The applicant or their successors and assigns shall be responsible for the on-going maintenance of the landscaped areas. This includes guaranteeing the health and viability of the proposed tree plantings. 13) Compliance with Laws and Approvals. The property must remain compliant with all federal, state, and local laws and ordinances and all prior City approvals. U:\City Planncr\Pianning Cases\08-07-1 3 PC Report- SSP Schools - Kaposia CUP and Variance - 08-07-13.doc Page 7 of8 B. Denial. If the Planning Commission does not favor the proposed application or portions thereof, the above requested should be recommended for denial. If the Planning Commission recommends denial, then findings of the basis for denial should be given. 1. The proposed use is not consistent with the general purpose and intent of the plan, in that: a. STAFF ANALYSIS Staff has reviewed the proposal and believes that the proposed addition parking additions would be consistent with the purpose and intent of the Zoning Code. However, the parking area at the northeast corner of the property would cause the relocation of existing hard play area and elimination of more recreational space on the property. While there likely is merit in that parking area it seems that the school would be well served to hold that area as "proof of parking" and hold off on building that parking lot until a year or so down the road. That would allow time to 1 see if relocation of the 6 h grade to the High School has decreased traffic any and if so the parking lot may not be necessary. It would seem wise to wait on that piece so that they don't spend the time and money to develop a parking lot that might be rarely used. Additionally, waiting would allow them to preserve recreational space at the school site. Staff has included a condition to that effect. STAFF RECOMMENDATION Staff recommends approval of the Cond iti onal Use Permit and Variance for a 6,500 squ are foot ad dition, expansion of the existing parking lot, relocation of the service drive, and proposed additional parking area, subject to the cond itions of approval noted above. Respectfully Submitted, Pde!t~~ Peter Hellegers, City Pl anner U:\City Planner\Pianning Cascs\08-07-13 PC Report · SSP Schools • Kaposia CUP and Variance · 08-07-13.doc Page 8 of8 A 1225 1st Ave. S. -Kaposia Ed. Ctr.