City of South St. Paul COUNCIL AGENDA Monday, October 7, 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 September 16, 2013

B. Accounts Payable

C. Encroachment Agreement for 1066 17th Avenue North

D. City Council Meeting Minutes of September 23, 2013

E. Temporary On Sale Intoxicating Liquor License Request by Holy Trinity Church

F. Approval of contract with Dakota County Technical College (DCTC) for SUV Familiarization Training

G. Approve Amendment #2 to the Cooperative Construction Agreement No. 03174 for the 2010-013 Southview Boulevard Sidewalk Project

H. Gifts and Grants – Donation from South St. Paul Jaycees to Parks and Recreation for Youth Fee Assistance Program

Page 2 City Council Agenda October 7, 2013

I. Gifts and Grants – Donation from South St. Paul Lions Club to Parks and Recreation for Youth Football Program

J. Wakota Civic Arena Learn to Skate School Program Agreement

K. 2013-005, -007 Change Order #2 – Final Compensating Change Order

L. Rental License

M. Request for Circus/Carnival License by Garcia Bros. Circus

9. PUBLIC HEARINGS:

10. GENERAL BUSINESS:

A. Consumption and Display Permits Ordinance – First Reading

B. Ordinance – First Reading

C. Regulating the Conduct of Peddler’s, Solicitors, and Transient Merchants – Second Reading

D. Dakota County 5-year CIP

E. Phase 1 Levee Rehabilitation – Award of Bid

F. Dakota County Storm Sewer Maintenance Agreement

G. Mathias First Addition Final Plat – 391 Malden Street

H. Crnobrna Fence Variance – 1949 Southview Boulevard

I. Pomp’s Tire Exterior Storage IUP – 575 Hardman Avenue South

J. Electrical Inspections Agreement with Patrick McMullen

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 CllY COUNCIL MINUTES OF SEPTEMBER 16, 2013

The regular meeting of the City Council was called to order by the Mayor Beth Baumann at 7:15 P.M . on Monday, September 16, 2013.

ROLL CALL:

Present, Mayor Beth Baumann Councilmembers Hansen, Lehmann, Niederkorn, Podgorski, Rothecker, Seaberg

Absent, None

Also Present, City Administrator, Steve King City Attorney, Kori Land City Clerk, Christy Wilcox City Engineer, John Sachi City Planner, Peter Hellegers

5) Presentations

There were no presentations.

6) Citizens' Comments

There were no citizen comments.

7) Agenda

Moved by Rothecker/Lehmann

MOVED: To approve the agenda.

Motion carried 7 ayes/0 nays

8) Consent Agenda

Moved by NiederkornjHansen

Resolved, that the South St. Paul City Council does hereby approve the following:

1. City Council meeting minutes of September 3, 2013 2. Resolution No. 2013-169, approving accounts payable 3. Authorize remodel of City Hall Administrative office areas 4. Accept letter of resignation from Catherine Jackson, Police Clerk 5. Resolution No. 2013-162, grant assurance for State grant related to a levee extension study 6. Approve contractual agreement with Smiler's Painting, LLC for graffiti abatement services 7. Resolution No. 2013-163, approving residential rental housing licenses

City Council Minutes of September 16, 2013 1 8. Resolution No. 2013-164, approving business licenses 9. Authorize staff to enter into a lease agreement with Ricoh USA, Inc. for replacement photocopiers for Administration, Engineering, Wakota Arena , Service Center and Airport 10. Approve Change Order No. 1 to the contract with Ferguson Waterworks in the amount of $4,023.38 making the new contract amount $1,486,000.09

Motion carried 7 ayes/ 0 nays

10a) Pomp's Tire Exterior Storage CUP/Building Addition

Moved by Seaberg/Lehmann

MOVED: To accept the letter from Pomp's Tire dated September 11, 2013,

withdrawing their request for a Conditional Use Permit.

Motion carried 7 ayes/ 0 nays

Moved by Seaberg/Rothecker

MOVED: To adopt Resolution No. 2013-140, related to zoning: approving a site plan

for a building addition at 575 Hardman Avenue South.

Motion carried 7 ayes/ 0 nays

10b) Conditional Use Perm it- 1232 7th Avenue South

Moved by Hansenj lehmann

MOVED: To adopt Resolution No. 2013-165, approving a Conditional Use Permit for

a second garage on the property at 1232 71h Avenue South.

Motion carried 7 ayes/ 0 nays

10c) Variance - 710 Congress Street

Moved by Seaberg/Niederkorn

MOVED: To adopt Resolution No. 2013-166, approving a 4-foot side setback

Variance and Variance for expansion of a nonconforming building for the property at 710

Congress Street.

Motion carried 7 ayes/ 0 nays

City Council Minutes of September 16, 2013 2 10d) Mathias Die Preliminary Plat and PUD

Moved by Podgorski/Lehmann

MOVED: To continue consideration of a Planned Unit Development and Preliminary

Plat for the property at 391 Malden Street to September 23, 2013.

Motion carried 6 ayes/1 nay (Hansen)

10e) IGH Storage/Footh Sales Lot Expansion Conditional Use Permit & Variance

Moved by Seaberg/Podgorski

MOVED: To adopt Resolution No. 2013-168, approving a Conditional Use Permit

amendment for expansion of an automotive sales use and a bluff/slope structure setback

Variance (55 parking spots) for the property at 1426 Concord Street South.

Councilmember Niederkorn made a friendly amendment adding a condition that includes a one-year requirement for completion from date of approval or variance terminates. Friendly amendment was accepted.

Moved by Hansen/Podgorski

MOVED: To amend Resolution No. 2013-168, to include a condition that the

Variance be reviewed within 1 year for consideration of the addition of 5 sales spots.

Motion carried 4 yeas(Hansen, Podgorski, Rothecker, Baumann) 3 nays(Lehmann, Niederkorn, Seaberg)

Roll call on original motion 7 yeas; o nays as amended

10f) Ordinance- R-2 District Re-naming

Moved by Lehmann/Seaberg

MOVED: That Ord inance No. 1273, an ordinance amending the title of the R-2

Zoning District as listed in the South St. Paul City Code is hereby passed and its publication

authorized.

Motion carried 7 ayes; o nays

City Council Minutes of September 16, 2013 3 10g) Ordinance - Architectural Standards Amendment - ACM Panels

Moved by Niederkorn/Lehmann

MOVED: That Ordinance No. 1274, an ordinance amending the architectural

requirements listed in the South St. Paul City Code is hereby passed and its publication

authorized.

Motion carried 7 ayes/ 0 nays

10h) Special Event License - South St. Paul Lions Club

Moved by Rothecker/Seaberg

MOVED: To approve a Special Event License to the South St. Paul Lions Club to be

held on Saturday, October 5, 2013, to allow them to have outdoor entertainment between

the hours of 11:00 am to 6:00 pm in conjunction with the "On The Road Again " celebration

to be held in the parking lot of Central Bank located at 835 Southview Boulevard subject to

all applicable noise ordinances be met and a security plan being approved by the Police

Department.

Motion carried 7 ayesj O nays

10i) Special Event License Request - VFW Post #295

Moved by LehmannjHansen

MOVED: To approve the Special Event License for the VFW Post #295 located at 111

South Concord Exchange on October 5, 2013, from 6:00 pm to 12:00 midnight subject to

the speakers being directed to the east and all applicable noise ordinance requirements be

met.

Motion carried 7 ayesjO nays

City Council Minutes of September 16, 2013 4 10j) Appointment of Citv Auditor

Moved by RotheckerjPodgorski

MOVED: To appoint audit firm, Malloy, Montague, Karnowski, Radosevich & Co., PA,

for professional auditing services for the fiscal year ending 2013, 2014 and 2015 in the

amount of $30,000.00.

Motion carried 7 ayes/0 nays

11) Adjournment

Moved by Podgorski/Lehmann

MOVED: That t he meeting of the City Council adjourn at 8:37 p.m.

Motion carried 7 ayes/0 nays

** A special meeting has been called on Monday, September 23, 2013, at 7:00 p.m.

Approved:

City Clerk

City Council Minutes of September 16, 2013 5 City Council Agenda Report Date: October 7, 2013

Agenda Item: Accounts Payable

Action to be considered:

Motion to adopt Resolution No. 2013-182, 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:

N/A City of South St. Paul Dakota County, Minnesota

Resolution No. 2013-182

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: 112020-112194 $ 874,279.36 2013255-2013259 $ 139,354.72

Total $1,013,634.08

Adopted this 7th day of October, 2013.

Christy Wilcox, City Clerk R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 1

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 112020 9/20/2013 1440 FREEDOM SERVICES INC 402.34 16679 0918131354103 10101.2179 FLEXIBLE BENEFIT PLAN GENERAL FUND 402.34

112021 9/20/2013 1969 MINNESOTA AFSCME, COUNCIL NO. 325.45 16680 0918131354104 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 325.45

112022 9/20/2013 1978 MINNESOTA CHILD SUPPORT PAYMEN 307.33 16681 0918131354105 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 449.93 16682 0918131354106 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 365.26 16683 0918131354107 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 1,122.52

112023 9/20/2013 2096 NATIONWIDE RETIREMENT SOLUTION 5,045.00 16674 09181313541011 10101.2175 OTHER RETIREMENT GENERAL FUND 5,045.00

112024 9/20/2013 2008 NCPERS MINNESOTA 80.00 16684 0918131354108 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 80.00

112025 9/20/2013 2200 PERA 35,684.06 16675 09181313541012 10101.2174 PERA GENERAL FUND 35,684.06

112026 9/20/2013 3615 CAMPBELL KNUTSON, P.A. 12,633.50 prosection fees 8/31/13 16643 8/31/13 10130.6304 PROFESSIONAL SVCS-CRIMINAL CITY ATTORNEY 12,633.50

112027 9/20/2013 1173 CDW GOVERNMENT INC 114.04 CABLE TESTER 16631 FJ6226 10160.6240 MINOR EQUIPMENT AND FURNITURE INFORMATION TECHNOLOGY 150.97 REPLACEMENT WIFI ANTENNA 16632 FK82941 10160.6220 REPAIR & MAINTENANCE SUPPLIES INFORMATION TECHNOLOGY 44.45 NEW KEYBOARD FOR TOM 16686 FH65647 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 309.46

112028 9/20/2013 1206 COMMISSIONER OF TRANSPORTATION 3,129.08 T HANGAR PROJECT 200510 16644 23202 20245.6602 200510 OTHER LONG TERM DEBT-PRINCIPAL AIRPORT 3,129.08

112029 9/20/2013 1440 FREEDOM SERVICES INC 67.25 SEPTEMBER ADMIN FEE 16633 16377 10150.6375 OTHER CONTRACTED SERVICES FINANCE R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 2

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 67.25

112030 9/20/2013 1485 GLOBE PRINTING & OFFICE SUPPLI 144.06 WINDOW ENVELOPES 16635 64694J 50600.6201 OFFICE SUPPLIES UTILITY ADMINISTRATION 144.07 WINDOW ENVELOPES 16635 64694J 10140.6201 OFFICE SUPPLIES CITY CLERK 144.07 WINDOW ENVELOPES 16635 64694J 10150.6201 OFFICE SUPPLIES FINANCE 432.20

112031 9/20/2013 5165 GPRS CITY OF APPLE VALLEY 30.00 GPRS SEMINAR OCT 17 CLARA 16634 9/13/13 10150.6331 CONFERENCES, TRAINING, TRAVEL FINANCE 30.00 GPRS SEMINAR OCT 17 SHARON 16634 9/13/13 10150.6331 CONFERENCES, TRAINING, TRAVEL FINANCE 60.00

112032 9/20/2013 1803 LANGUAGE LINE SERVICES 54.94 INTERPRETATION 16645 3212650 10210.6390 POSTAGE AND TELEPHONE POLICE PROTECTION 54.94

112033 9/20/2013 1843 LOCAL GOVERNMENT INFORMATION S 79.34 WIFI SSL CERT 16646 37335 40407.6560 BUILDING FIXTURES AND IMPRS EQUIPMENT ACQUISITION F 297.00 NETWORK CONFIGURATION 16646 37335 40407.6560 BUILDING FIXTURES AND IMPRS EQUIPMENT ACQUISITION F 1,064.25 NETWORK CONFIGURATION 16646 37335 40407.6560 BUILDING FIXTURES AND IMPRS EQUIPMENT ACQUISITION F 36.00 UB - RETIREES AND OTHER 16647 37279 10150.6371 REPAIRS & MAINT CONTRACTUAL FINANCE 262.00 POLICE APS 16647 37279 10210.6375 OTHER CONTRACTED SERVICES POLICE PROTECTION 1,263.00 POLICE MCD 16647 37279 10210.6375 OTHER CONTRACTED SERVICES POLICE PROTECTION 1,640.00 HR/PAYROLL 16647 37279 10150.6375 OTHER CONTRACTED SERVICES FINANCE 1,993.00 FINANCE 16647 37279 10150.6375 OTHER CONTRACTED SERVICES FINANCE 3,565.00 UTILITY BILLING 16647 37279 50600.6302 PROFESSIONAL SERVICES UTILITY ADMINISTRATION 10,199.59

112034 9/20/2013 2023 MINNESOTA UNIMPLOYMENT INSURAN 24.05 BENEFITS PAID WAKOTA EE 16636 9/10/13 20243.6140 UNEMPLOYMENT COMP INS. WAKOTA ARENA FUND 24.05

112035 9/20/2013 4878 PRAIRIELAND CONTROLS LLC 11,635.00 DOOR CONTROLER LABOR/PARTS 16648 1922 40402.6560 BUILDING FIXTURES AND IMPRS CAPITAL PROGRAMS FUND 11,635.00

112036 9/20/2013 2344 RIVER COUNTRY COOPERATIVE 1,805.98 DIESEL FUEL - AUGUST 16637 379049 60703.6210 OPERATING SUPPLIES CENTRAL GARAGE FUND 1,805.98

112037 9/20/2013 5173 ROUDEBUSH, AMY R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 3

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 33.90 MILEAGE TO LOGIS FOR PMS TRAIN 16687 9/18/13 10140.6331 CONFERENCES, TRAINING, TRAVEL CITY CLERK 33.90

112038 9/20/2013 2849 XCEL ENERGY 61.41 POLICE - AUGUST 16649 382331945 10210.6385 UTILITY SERVICE POLICE PROTECTION 61.41

112041 9/27/2013 1016 ACE HARDWARE & PAINT 85.49 SPREADER 16077 516943/5 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 2.29 SUPPLIES 16109 516912/5 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 14.40 SUPPLIES 16110 516960/5 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 38.95 SUPPLIES 16111 516937/5 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 6.71 ROT. BEACON PAINT SUPPLIES 16207 517026/5 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 13.85 ROT. BEACON PAINT BRUSHES 16208 517039/5 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 17.09 SUPPLIES 16265 517069/5 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 47.00 MAINTENANCE SUPPLIES 16330 517110/5 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 225.78

112042 9/27/2013 4059 ASCENT AVIATION GROUP, INC. 41,599.70 8500 GALLONS OF 100LL 16753 197582 20245.6250 MERCHANDISE FOR RESALE AIRPORT 41,599.70

112043 9/27/2013 5154 HILGER, CLARA 147.69 MILEAGE TO MN GFOA CONFERENCE 16754 9/23/413 10150.6331 CONFERENCES, TRAINING, TRAVEL FINANCE 147.69

112044 9/27/2013 2217 PETTY CASH-CITY HALL 4.27 DISINFECTING WIPES 16755 9/20/13 10315.6210 OPERATING SUPPLIES ENGINEERING 7.50 LUNCH FOR PIMS TRANING 16755 9/20/13 10140.6331 CONFERENCES, TRAINING, TRAVEL CITY CLERK 10.48 COOKIES/WATER FOR WMO MTG 16755 9/20/13 50610.6201 OFFICE SUPPLIES STORM WATER UTILITY 15.00 LUNCH - TRAINING 16755 9/20/13 10420.6331 CONFERENCES, TRAINING, TRAVEL CODE ENFORCEMENT 15.00 LUNCH - TRAINING 16755 9/20/13 10420.6331 CONFERENCES, TRAINING, TRAVEL CODE ENFORCEMENT 21.09 MILEAGE TO HASINGS 16755 9/20/13 10140.6331 CONFERENCES, TRAINING, TRAVEL CITY CLERK 27.12 ,O;EAGE REIM,BURSEMENT 16755 9/20/13 10210.6331 CONFERENCES, TRAINING, TRAVEL POLICE PROTECTION 100.46

112045 9/27/2013 2344 RIVER COUNTRY COOPERATIVE 289.34 AIRPORT FUEL - AUGUST 16756 38553 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 289.34

112046 9/27/2013 3646 U.S. BANK EQUIPMENT FINANCE 102.00 copy machine lease - sept, 203 16836 236604062 20230.6378 COPIER MAINTENANCE AGREEMENT LIBRARY R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 4

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 102.00

112047 9/27/2013 2731 USABLE LIFE 21.45- TERMINATIONS 16757 9/20/13 10101.2178 LIFE INSURANCE GENERAL FUND 1,620.60 OCTOBER, 2013 LIFE INSURANCE 16757 9/20/13 10101.2178 LIFE INSURANCE GENERAL FUND 1,599.15

112048 9/27/2013 2804 WELLS FARGO REMITTANCE CENTER 147.73 VENDING MACHINE CANDY - SAMS 16776 GD61K 20245.6250 MERCHANDISE FOR RESALE AIRPORT 22.98 EMERG EXIT LIGHT BATTERY 16777 Q5DK 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 7.49 CHIPS FOR VENDING MACHINE 16778 1MGB 20245.6250 MERCHANDISE FOR RESALE AIRPORT 8.31 PULBIC MEETING REFRESHMENTS 16779 1MG3 20245.6331 CONFERENCES, TRAINING, TRAVEL AIRPORT 127.62 FENCE REPAIR & MAINT SUPPLIES 16780 LGGZ 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 127.62- RETURN SUPPLIES 16781 JKAY 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 52.86 CHEESECAKE EDINA 16782 BNQG 10520.6210 OPERATING SUPPLIES PARKS ADMINISTRATION 18.20 BLOCKBUSTER COM 16783 S72Q 10520.6210 OPERATING SUPPLIES PARKS ADMINISTRATION 45.00 SAMSMEMBERSHIP 16784 78F0 20250.6210 OPERATING SUPPLIES CENTRAL SQUARE 80.00 ANGELOS ITALIAN REST 16785 A31B 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 6.74 OFFICE MAX 16786 6T8P 10210.6201 OFFICE SUPPLIES POLICE PROTECTION 49.60 CONCORD 41 16787 4HXV1 60703.6210 OPERATING SUPPLIES CENTRAL GARAGE FUND 175.00 PAYPAL 16788 Y9HD 20243.6331 CONFERENCES, TRAINING, TRAVEL WAKOTA ARENA FUND 21.40 HOME DEPOT 16789 L3S4 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 150.00 LODGE AT SUGAR LAKE 16790 PB78 20243.6331 CONFERENCES, TRAINING, TRAVEL WAKOTA ARENA FUND 206.10 LODGE AT SUGAR LAKE 16791 N9VLS 20243.6331 CONFERENCES, TRAINING, TRAVEL WAKOTA ARENA FUND 15.00 QUALITY BAD 16792 TWJW 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 47.00 MN DVS 16793 AFEQ 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1.15 MN DVS 16794 AFGM 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 39.95 SAMS CLUB 16795 GMVR7 10120.6331 CONFERENCES, TRAINING, TRAVEL CITY ADMINSTRATION 149.93 SAMS CLUB 16796 Z0RW 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 87.42 MATTIES LANES TEEN PARTY - BO 16797 33YV 20230.6430 MISCELLANEOUS LIBRARY 6.98 PAYPAL WHISPHERS FROM YESTERD 16798 757PF 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 18.60 AMAZON AV-A LEARNING GROOVE C 16799 ALY6BQ 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 10.69 MONSTER OF WHITE BEAR 16800 QTVLY 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 5.48 TOUGH ENOUGH 16801 L2D06 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 175.00 MLA CONFERENCE REGUISTRATION 16802 HN581 20230.6331 CONFERENCES, TRAINING, TRAVEL LIBRARY 41.70 THREE TITLES & SONG OF SAMPO L 16803 414V8 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 9.34- MASQUERADE 16804 43ZSG 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 8.98 SAMS CLUB - FORKS 16805 8NM9 20230.6430 MISCELLANEOUS LIBRARY 4.25 OFFICE OF LETTERS NANOWRIMO PA 16806 F87SE 20230.6430 MISCELLANEOUS LIBRARY 179.00 ROCKHURST UNIVERSITY 16807 H3PO1 10210.6331 CONFERENCES, TRAINING, TRAVEL POLICE PROTECTION 11.98 WEST ST PAUL BP 16808 MAR9 10210.6210 OPERATING SUPPLIES POLICE PROTECTION R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 5

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 27.00 MN DVS 16809 BS9K 10210.6210 OPERATING SUPPLIES POLICE PROTECTION .66 MN DVS 16810 MATV 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 13.20 FEDEX 16811 YMGY 10210.6390 POSTAGE AND TELEPHONE POLICE PROTECTION .50 MN DVS 16812 S4FG 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 20.75 MN DVS 16813 S4QM 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 39.00 BEST TRANSPORTATION 16814 TBEF 10210.6331 CONFERENCES, TRAINING, TRAVEL POLICE PROTECTION 364.23 HYATT REGENCY 16815 FEDKQ 10210.6331 CONFERENCES, TRAINING, TRAVEL POLICE PROTECTION 398.15 OPTICS PLANET INC 16816 NHHZ 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 32.29 TARGET 16817 1Q04 10210.6201 OFFICE SUPPLIES POLICE PROTECTION 31.23 OFFICE MAX 16818 1XRQ 10210.6201 OFFICE SUPPLIES POLICE PROTECTION 225.00 MINNESOTA GOVERNMENT 16819 LN8AHJ 10150.6331 CONFERENCES, TRAINING, TRAVEL FINANCE 142.42- GOVERNMENT FINANCE OFF 16820 JVTP 10150.6331 CONFERENCES, TRAINING, TRAVEL FINANCE 435.00 GOVERNMENT FINANCE OFF 16821 JVT7 10150.6430 MISCELLANEOUS FINANCE 650.00 WISCONCIN EXONOMIC DEV TRAININ 16822 9JK3 10410.6331 CONFERENCES, TRAINING, TRAVEL CITY PLANNER 56.08 OFFICE MAX SUPPLIES 16823 MYBJ 10140.6210 OPERATING SUPPLIES CITY CLERK 179.15 OFFICE MAX 16824 JENYZ 10120.6201 OFFICE SUPPLIES CITY ADMINSTRATION 21.40 OFFICE MAX 16825 R2GHZ 10120.6201 OFFICE SUPPLIES CITY ADMINSTRATION 91.41 OFFICE MAX 16826 X1ZHD 10120.6201 OFFICE SUPPLIES CITY ADMINSTRATION 49.00 MN RECREATION & PARK 16827 EK192ZX 10520.6331 CONFERENCES, TRAINING, TRAVEL PARKS ADMINISTRATION 447.38 WALGREENS 16828 311AW 20216.6210 227559 OPERATING SUPPLIES GRANTS/DONATIONS COMM AFFAIRS 74.97 OFFICE MAX 16829 MG5R 20216.6210 227559 OPERATING SUPPLIES GRANTS/DONATIONS COMM AFFAIRS 43.03 WALGREENS 16830 470GN 20216.6210 227559 OPERATING SUPPLIES GRANTS/DONATIONS COMM AFFAIRS 18.98 WALGREENS 16831 KNMQ 20216.6210 227559 OPERATING SUPPLIES GRANTS/DONATIONS COMM AFFAIRS 46.79 WAL MART 16832 6G9B 20216.6210 227559 OPERATING SUPPLIES GRANTS/DONATIONS COMM AFFAIRS 11.96 DAIRY QUEEN 16833 VB3K 10530.6210 OPERATING SUPPLIES COMMUNITY AFFAIRS 48.00 MINNESOTAAS 16834 1TKJ 10530.6210 OPERATING SUPPLIES COMMUNITY AFFAIRS 10.97 OFFICE MAX 16835 7W4N 10530.6210 OPERATING SUPPLIES COMMUNITY AFFAIRS 4,978.89

112049 10/2/2013 2200 PERA 379.26 16692 0919131326565 10101.2174 PERA GENERAL FUND 379.26

112050 10/4/2013 1440 FREEDOM SERVICES INC 402.34 16970 1002131049333 10101.2179 FLEXIBLE BENEFIT PLAN GENERAL FUND 402.34

112051 10/4/2013 1818 LELS LOCAL 95 1,104.00 16971 1002131049334 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 1,104.00

112052 10/4/2013 1842 LOCAL 120 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 6

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,276.00 16972 1002131049335 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 1,276.00

112053 10/4/2013 1969 MINNESOTA AFSCME, COUNCIL NO. 310.48 16973 1002131049336 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 310.48

112054 10/4/2013 1973 MINNESOTA BENEFIT ASSOCIATION 112.71 16974 1002131049337 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 112.71

112055 10/4/2013 1978 MINNESOTA CHILD SUPPORT PAYMEN 365.26 16961 10021310493310 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 307.33 16975 1002131049338 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 449.93 16976 1002131049339 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 1,122.52

112056 10/4/2013 2096 NATIONWIDE RETIREMENT SOLUTION 5,045.00 16964 10021310493313 10101.2175 OTHER RETIREMENT GENERAL FUND 5,045.00

112057 10/4/2013 2200 PERA 36,141.17 16965 10021310493314 10101.2174 PERA GENERAL FUND 36,141.17

112058 10/4/2013 2243 POLICE FLOWER FUND 31.00 16966 10021310493315 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 31.00

112059 10/4/2013 1245 DAKOTA COUNTY COURT 300.00 WARRANT #201353925 MICHAEL DAV 16923 9/30/13 10101.2300 JUDGEMENTS PAYABLE GENERAL FUND 300.00

112060 10/4/2013 5193 KESSEL, JEFF 34.91 10/19/07 16977 10/2/13 10101.2006 ACCOUNTS PAYABLE MISC GENERAL FUND 34.91

112061 10/4/2013 3467 NORTHERN STAR COUNCIL 130.00 EXPLORER REGISTRATION 16946 10/1/13 10210.6331 227540 CONFERENCES, TRAINING, TRAVEL POLICE PROTECTION 130.00

112062 10/4/2013 2253 POSTMASTER R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 7

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,328.45 POSTAGE FOR CITY NEWS 16957 10/1/13 10120.6344 REPORTER CITY ADMINSTRATION 1,328.45

112063 10/7/2013 1011 ABC RENTALS INC. 41.78 WATER BALLOON DODGE BALL TOURN 16894 220138 20216.6210 227573 OPERATING SUPPLIES GRANTS/DONATIONS COMM AFFAIRS 41.78

112064 10/7/2013 1016 ACE HARDWARE & PAINT 27.77 SUPPLIES 16650 517303/5 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 32.29 CLEANING SUPPLIES 16693 517334/5 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 2.57 HITCH PINS 16694 517352/5 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 23.91 SUPPLIES 16744 517387/5 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 15.99 RAKE 16758 517412/5 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 53.42 FLOOD LIGHTS 16837 517380/5 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 11.21 SUPPLIES 16924 517489/5 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 167.16

112065 10/7/2013 1022 ALL ELEMENTS, INC. 18,314.00 HANGAR 6-8 ROOF REPLACEMENT 16768 2213 8/30/13 20245.6530 201315 IMPR OTHER THAN BUILDING AIRPORT 18,314.00

112066 10/7/2013 1027 AL'S COFFEE COMPANY 348.00 COFFEE FOR RESALE 16838 125627 20243.6250 MERCHANDISE FOR RESALE WAKOTA ARENA FUND 348.00

112067 10/7/2013 1032 AMERICAN FASTENER & SUPPLY 137.87 SUPPLIES 16867 176322 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 137.87

112068 10/7/2013 3469 AMERICAN PROMOTIONAL INCENTIVE 305.74 SAFETY CAMP SHIRTS 16638 5025 10529.6210 OPERATING SUPPLIES RECREATIONAL PROGRAMS 305.74

112069 10/7/2013 1042 AMERIPRIDE LINEN & APPAREL SER 73.17 RUG RENTAL 16732 1002570096 10210.6220 REPAIR & MAINTENANCE SUPPLIES POLICE PROTECTION 73.17

112070 10/7/2013 1044 ANCOM COMMUNICATIONS, INC. 236.53 SIREN TESTING/PARTS 16745 40506 10210.6371 REPAIRS & MAINT CONTRACTUAL POLICE PROTECTION 236.53

112071 10/7/2013 1053 APWA R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 8

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 710.00 APWA 12/13 -11/14 & MN CHAPTER 16839 9/10/13 50605.6471 DUES & SUBSCRIPTIONS WATER UTILITY 710.00

112072 10/7/2013 4059 ASCENT AVIATION GROUP, INC. 39,688.38 8500 GALLOS OF 100LL 16947 205190 20245.6250 MERCHANDISE FOR RESALE AIRPORT 314.67- REFUND 16948 M110684 20245.6250 MERCHANDISE FOR RESALE AIRPORT 39,373.71

112073 10/7/2013 4590 ATEC, LLC 4,264.60 SET UP 2152 16950 1044 60703.6550 MOTOR VEHICLES CENTRAL GARAGE FUND 4,422.60 SET UP 2151 16951 1045 60703.6550 MOTOR VEHICLES CENTRAL GARAGE FUND 879.00 SET UP 2166 16952 1046 60703.6550 MOTOR VEHICLES CENTRAL GARAGE FUND 4,595.60 SET UP 2154 16953 1047 60703.6550 MOTOR VEHICLES CENTRAL GARAGE FUND 240.47 OLD 66 REMOVE FROM SERVICE 16954 1049 60703.6371 REPAIRS & MAINT CONTRACTUAL CENTRAL GARAGE FUND 15.47- 16954 1049 60703.2081 DUE TO OTHER GOVT-SALES CENTRAL GARAGE FUND 72.68 REPLACE TAIL LIGHT 16955 11048 10210.6371 REPAIRS & MAINT CONTRACTUAL POLICE PROTECTION 4.68- 16955 11048 10101.2081 DUE TO OTHER GOVT-SALES GENERAL FUND 14,454.80

112074 10/7/2013 3867 BARR ENGINEERING COMPANY 16,393.49 ENG SVCS THRU 9/10/13 16884 2319151.00-15 40405.6530 201208 IMPR OTHER THAN BUILDING FLOODWALL CONSTRUCTION 16,393.49

112075 10/7/2013 1087 BAUER BUILT TIRE 823.43 PARTS 16651 180114092 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 4,127.41 TIRES 16652 180113437 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,923.41 PARTS 16653 180114442 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 506.95 TIRES FOR INSPECTION TRUCK 16654 180114796 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 461.12 TIRES FOR ARENA TRUCK 16769 180115060 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,085.15 TIRES FOR AMBULANCE 2 16868 180115568 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 748.94 TIRES FOR SWEEPER 16900 180115705 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 3,202.57 TIRES FOR THE VACTOR TRUCK 16901 180115703 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 12,878.98

112076 10/7/2013 3632 BOLTON & MENK, INC. 4,854.60 AIRPORT ENVIRON. ANALYSIS 16840 159651 40404.6302 201215 PROFESSIONAL SERVICES AIRPORT CAPITAL FUND 12,243.00 AIRPORT MASTER PLAN 16841 159650 40404.6302 201215 PROFESSIONAL SERVICES AIRPORT CAPITAL FUND 17,097.60

112077 10/7/2013 1125 BONUS BUILDING CARE IN MINNEAP 725.00 CLEANING SERVICE - OCT, 2013 16885 9/20/13 20230.6375 OTHER CONTRACTED SERVICES LIBRARY 725.00 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 9

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit

112078 10/7/2013 2888 BOYER TRUCKS 68,500.50 NEW 2014 INTERNATIONAL DUMP TR 16842 141929 60703.6550 MOTOR VEHICLES CENTRAL GARAGE FUND 68,500.50

112079 10/7/2013 5175 BROADWAY RENTAL EQUIPMENT CO 748.13 RENTAL OF BUCKET TRUCK 16730 1189885 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 748.13

112080 10/7/2013 3508 BRYAN ROCK PRODUCTS, INC. 624.58 RED BALL DIAMOND AGG 16695 42655 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 624.58

112081 10/7/2013 1173 CDW GOVERNMENT INC 13.58 USB CABLE 16940 FN59072 10160.6210 OPERATING SUPPLIES INFORMATION TECHNOLOGY 13.58

112082 10/7/2013 1177 CENTRAL IRRIGATION SUPPLY, INC 38.36 SUPPLIES 16655 5042516-00 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 2.44 SUPPLIES 16656 5042707-00 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 40.80

112083 10/7/2013 5186 CERTIFIED LABORATORIES 401.16 SUPPLIES 16902 1244675 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 401.16

112084 10/7/2013 1184 CINTAS CORPORATION #754 8.23 WORK SHIRT 9/18/13 16696 754233699 50606.6245 CLOTHING ALLOWANCE SEWER UTILITY 8.24 WORK SHIRT 9/18/13 16696 754233699 50605.6245 CLOTHING ALLOWANCE WATER UTILITY 10.92 WORK SHIRT 9/18/13 16696 754233699 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MAINTANCE 20.00 WORK SHIRT 9/18/13 16696 754233699 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 43.67 WORK SHIRT 9/18/13 16696 754233699 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 177.41 MATS - SEPTEMBER 16697 754234474 10320.6210 OPERATING SUPPLIES PUBLIC WORKS 8.23 WORK SHIRTS 9/25/13 16869 754236183 50606.6245 CLOTHING ALLOWANCE SEWER UTILITY 8.24 WORK SHIRTS 9/25/13 16869 754236183 50605.6245 CLOTHING ALLOWANCE WATER UTILITY 10.92 WORK SHIRTS 9/25/13 16869 754236183 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MAINTANCE 20.00 WORK SHIRTS 9/25/13 16869 754236183 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 27.64 WORK SHIRTS 9/25/13 16869 754236183 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 343.50

112085 10/7/2013 1192 CITY OF ST. PAUL 9,119.71 ASPHALT FOR STREET PATCHING 16770 128953 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 10

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 9,119.71

112086 10/7/2013 3498 COFFEE MILL, INC. 146.50 SUPPLIES 16733 315113 20250.6210 OPERATING SUPPLIES CENTRAL SQUARE 146.50 SUPPLIES 16733 315113 10529.6210 OPERATING SUPPLIES RECREATIONAL PROGRAMS 293.00

112087 10/7/2013 2884 COMCAST 347.64 CABLE TEVEVISION 16932 9/19/13 20250.6375 OTHER CONTRACTED SERVICES CENTRAL SQUARE 347.64

112088 10/7/2013 2885 COMCAST 154.74 CABLE AND INTERNET 16843 9/18/13 20243.6385 UTILITY SERVICE WAKOTA ARENA FUND 154.74

112089 10/7/2013 1203 COMMERCIAL ASPHALT CO 274.99 ASPHALT FOR STREET PATCHING 16657 130831 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 165.21 ASPHALT FOR PATCHING 16746 130915 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 440.20

112090 10/7/2013 1206 COMMISSIONER OF TRANSPORTATION 453.45 8/28/13 JOB COST TRANSFERS 16886 P00002113 40424.6530 201101 IMPR OTHER THAN BUILDING 2011 LOCAL IMPROVEMENTS 453.45

112091 10/7/2013 5185 CONRAD, ANN 187.80 CANCEL CENTENNIAL ROOMS 16895 9/20/13 20250.4546 CSCC ROOM RENTAL CENTRAL SQUARE 187.80

112092 10/7/2013 1212 CONTINENTAL SAFETY EQUIPMENT, 328.33 TEST TUBES TO TEST AIR 16844 431609 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 328.33

112093 10/7/2013 5188 COOPER MECHANICAL LLC 830.00 IRRIGATION METERING AT MCGUIRE 16935 22 50605.6530 IMPR OTHER THAN BUILDING WATER UTILITY 340.00 IRRIGATION METERING AT MCMORRO 16936 21 50605.6530 IMPR OTHER THAN BUILDING WATER UTILITY 400.00 IRRIGATION METERING AT MCMORRO 16937 20 50605.6530 IMPR OTHER THAN BUILDING WATER UTILITY 1,570.00

112094 10/7/2013 1240 DAKOTA COMMUNICATIONS CENTER 41,269.00 DUES/CTS FUND 16658 S02013-10 10210.6305 DISPATCH SERVICES POLICE PROTECTION 41,269.00 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 11

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 112095 10/7/2013 1241 DAKOTA COUNTY ATTORNEY'S OFFIC 173.84 FORFEITURE FUNDS CF-12-140 16734 9/17/13 20212.6302 227515 PROFESSIONAL SERVICES GRANTS/DONATIONS POLICE 173.84

112096 10/7/2013 1276 DELEGARD TOOL CO 6.83 PARTS 16659 831980 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 250.68 PARTS 16903 835217 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 63.74 PARTS 16904 835216 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 321.25

112097 10/7/2013 3612 DNL BUILDERS, LLC 7,932.68 REMODELING FINANCE/ADMIN AREA 16938 1225-113 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 7,932.68

112098 10/7/2013 4851 EXPRESS AUTO PARTS 22.12 PARTS 16870 145085 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 10.68 PARTS 16905 145454 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 64.06 PARTS 16925 145516 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 96.86

112099 10/7/2013 1400 FERGUSON WATERWORKS #2516 279,673.71 WATER METER PT 2 16660 9/12/13 40430.6530 201219 IMPR OTHER THAN BUILDING WATER METER & EQUIP REPLACEMNT 4.45 SUPPLIES FOR METER PROGRAM 16759 48003 40430.6530 201219 IMPR OTHER THAN BUILDING WATER METER & EQUIP REPLACEMNT 1,027.95 SUPPLIES FOR METER PROGRAM 16760 47423 40430.6530 201219 IMPR OTHER THAN BUILDING WATER METER & EQUIP REPLACEMNT 1,033.05 SUPPLIES FOR METER PROJECT 16887 50748 40430.6530 201219 IMPR OTHER THAN BUILDING WATER METER & EQUIP REPLACEMNT 281,739.16

112100 10/7/2013 1402 FERRELLGAS 15.79 PROPANE FOR ZAMBONI 16845 9/23/13 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 15.79

112101 10/7/2013 4530 FILTRATION SYSTEMS INC 645.98 CONDENSERS 16698 55492 20230.6220 REPAIR & MAINTENANCE SUPPLIES LIBRARY 369.71 SCREENS FOR AC UNITS 16699 55493 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 831.17 SCREENS FOR AC UNITS 16699 55493 10330.6220 REPAIR & MAINTENANCE SUPPLIES BUILDINGS 1,846.86

112102 10/7/2013 1414 FIRST CALL AUTO PARTS 67.32 PARTS 16871 1767-446358 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 54.50 PARTS 16926 1767-446473 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 121.82 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 12

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 112103 10/7/2013 1442 FRIEMANN, JENNIFER 82.00 REFUND GYMNASTICS 16735 9/19/13 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 82.00

112104 10/7/2013 1468 GENERAL REPAIR SERVICES 830.97 IMPELLER FOR NORTH END LIFT ST 16661 50521 50606.6220 REPAIR & MAINTENANCE SUPPLIES SEWER UTILITY 110.69 LABOR TAX FROM PREVIOUS 16761 50551 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 134.41 LABORTAX FROM PREVIOUS 16762 50550 50605.6530 IMPR OTHER THAN BUILDING WATER UTILITY 1,076.07

112105 10/7/2013 1472 GERRY'S FIRE & SAFETY INC 298.72 EXTINGUISHER RECHARGE 16736 44968 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 298.72

112106 10/7/2013 1473 GERTEN GREENHOUSES 2 13.47 SUPPLIES 16662 295504 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 64.50 SUPPLIES 16747 296547 10330.6220 REPAIR & MAINTENANCE SUPPLIES BUILDINGS 77.97

112107 10/7/2013 1485 GLOBE PRINTING & OFFICE SUPPLI 117.88 PERMIT RECORD CARDS 16847 64840D 10420.6201 OFFICE SUPPLIES CODE ENFORCEMENT 176.45 PROPERTY RECEIPT FORMS 16906 64815D 10210.6201 OFFICE SUPPLIES POLICE PROTECTION 294.33

112108 10/7/2013 1504 GRAINGER 103.68 FLUORESCENT LIGHT BULBS 16888 9244316320 20230.6220 REPAIR & MAINTENANCE SUPPLIES LIBRARY 103.68

112109 10/7/2013 1513 GREAT LAKES WEATHER SERVICE, L 590.75 WINTER FPR FPRCASTS 2013-2014 16848 91310 10320.6302 PROFESSIONAL SERVICES PUBLIC WORKS 590.75

112110 10/7/2013 1530 H & L MESABI INC. 5,774.75 SNOW PLOW BLADES 16771 88387 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 5,774.75

112111 10/7/2013 1546 HANCO CORPORATION 198.21 PARTS 16663 689800 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 198.21

112112 10/7/2013 1556 HAWKINS, INC. 3,485.60 HYDROFLUOSILII ACID & SUPPLIES 16907 3517019 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 13

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 765.30 REPAIR AT NORTHVIEW POOL 16927 3517780 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MAINTANCE 4,250.90

112113 10/7/2013 4214 HEALTHPARTNERS GROUP HEALTH-WO 133.50 EAP - SEPT, 2013 16763 W89933 10120.6302 PROFESSIONAL SERVICES CITY ADMINSTRATION 133.50

112114 10/7/2013 5189 HERNANDEZ-VITERI, DANIELLE & C 144.00 RETURN BALANCE OF ESCROW 16939 9/30/13 10101.2205 100015 DEPOSITS GENERAL FUND 144.00

112115 10/7/2013 1585 HIGHWAY TECHNOLOGIES, INC. 181.26 PERMIT CARDS 16846 64841D 10420.6201 OFFICE SUPPLIES CODE ENFORCEMENT 181.26

112116 10/7/2013 1592 HOFFMAN FILTER SERVICE, LLC 40.00 USED OIL FILTERS 16664 64802 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 40.00

112117 10/7/2013 1615 HUEBSCH OF MINNESOTA 17.67 BRUSHMAT 16639 3135140 10315.6210 OPERATING SUPPLIES ENGINEERING 17.67

112118 10/7/2013 3686 IMPACT PROVEN SOLUTIONS 1,412.15 MAIL PROCESS - SEPTEMBER, 2013 16665 81400 50600.6375 OTHER CONTRACTED SERVICES UTILITY ADMINISTRATION 1,412.15

112119 10/7/2013 1655 INTEGRA TELECOM 728.34 PHONE LINES 16928 1131888 10330.6390 POSTAGE AND TELEPHONE BUILDINGS 728.34

112120 10/7/2013 1718 KAPOSIA CONVENIENCE CENTER COR 32.28 CAR WASHES 8/31/13 16666 8/31/13 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 32.28

112121 10/7/2013 1724 KEEPRS, INC. 49.99 SHIRT/JACKET/MOCK 16737 225739 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 370.83 TACTICAL LIGHT 16738 225516 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 420.82

112122 10/7/2013 1757 KNOWLANS SUPER MARKETS INC. 104.64 RESALE 16700 8/8/13 10527.6250 MERCHANDISE FOR RESALE SPLASH POOL R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 14

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 104.65 RESALE 16700 8/8/13 10528.6250 MERCHANDISE FOR RESALE NORTHVIEW POOL 158.97 SUPPLIES 16700 8/8/13 10528.6210 OPERATING SUPPLIES NORTHVIEW POOL 158.97 SUPPLIES 16700 8/8/13 10527.6210 OPERATING SUPPLIES SPLASH POOL 189.92 SUPPLIES 16700 8/8/13 10529.6210 OPERATING SUPPLIES RECREATIONAL PROGRAMS 17.92 REFRESHMENTS 16739 9/13/13 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 11.97 TREATS 16740 9-13-2013 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 747.04

112123 10/7/2013 3535 L'ALLIER CONCRETE, INC. 6,500.00 WORK DONE AT SPLASH POOL 16764 21517 40402.6530 IMPR OTHER THAN BUILDING CAPITAL PROGRAMS FUND 6,500.00

112124 10/7/2013 1811 LAWSON PRODUCTS INC. 508.09 SUPPLIES 16849 9301920177 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 22.94 SUPPLIES 16850 9301920178 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 531.03

112125 10/7/2013 1812 LEAGUE OF MINNESOTA CITIES 400.00 REG TRAINING APRIL-JUNE, 2013 16958 10/1/13 10120.6331 CONFERENCES, TRAINING, TRAVEL CITY ADMINSTRATION 400.00

112126 10/7/2013 5184 LEITNER, DARA 13.22 MILEAGE REIMBURSEMENT 16890 9/24/13 20230.6331 CONFERENCES, TRAINING, TRAVEL LIBRARY 13.22

112127 10/7/2013 1826 LEXIS NEXIS, ACCURINT-ACCT# 14 50.00 MIN COMMITMENT 16667 1411215-2013083 10210.6375 OTHER CONTRACTED SERVICES POLICE PROTECTION 1 50.00

112128 10/7/2013 4740 LIFELINE TRAINING, LTD 129.00 ADV CRIM PATROL TACTICS 16668 9965 10210.6331 CONFERENCES, TRAINING, TRAVEL POLICE PROTECTION 129.00

112129 10/7/2013 1841 LLOYD'S FIBERCARE, INC. 290.00 CARPET CLEANING IN LITTLE ROOM 16701 312427 20230.6371 REPAIRS & MAINT CONTRACTUAL LIBRARY 290.00

112130 10/7/2013 1843 LOCAL GOVERNMENT INFORMATION S 272.25 NETWORK CONFIG 16941 37361 40407.6560 BUILDING FIXTURES AND IMPRS EQUIPMENT ACQUISITION F 272.25 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 15

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 112131 10/7/2013 1845 LOFFLER BUSINESS SYSTEMS 30.46 ADMINISTRATION (COLOR) 16851 1627512 10110.6430 MISCELLANEOUS MAYOR AND COUNCIL 70.67 ENGINEERING 16851 1627512 10315.6371 REPAIRS & MAINT CONTRACTUAL ENGINEERING 380.34 CITY CLERK 16851 1627512 10140.6378 COPIER MAINTENANCE AGREEMENT CITY CLERK 481.47

112132 10/7/2013 4092 MAGNA-MATIC CORPORATION 140.36 GRINDING WHEEL 16929 38515 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 140.36

112133 10/7/2013 1876 MARCO 74.81 PRINTER AGREEMENT 16852 1581498 20243.6378 COPIER MAINTENANCE AGREEMENT WAKOTA ARENA FUND 74.81

112134 10/7/2013 1878 MARKS AERIAL SERVICES 160.30 CHANGED LIGHT AT VET'S FIELD 16872 2636 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MAINTANCE 267.18 WORK DONE AT VET'S FIELD 16930 2643 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MAINTANCE 427.48

112135 10/7/2013 1886 MATRIX COMMUNICATIONS INC 254.50 NO MAINT CONTRACT 16772 200712-IN 10330.6390 POSTAGE AND TELEPHONE BUILDINGS 254.50

112136 10/7/2013 1911 MENARDS, INC-WEST ST PAUL 18.87 DOOR CONTROLER PARTS 16669 34315 40402.6560 BUILDING FIXTURES AND IMPRS CAPITAL PROGRAMS FUND 1.41 SUPPLIES 16773 35502 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 20.79 PLYWOOD 16853 35679 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 88.97 LIGHT BULBS 16854 35576 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 1,390.20 COUNTER TOP AND DOOR 16855 35776 20243.6210 OPERATING SUPPLIES WAKOTA ARENA FUND 1,520.24

112137 10/7/2013 1939 MIDWAY FORD CO. 387.66 PARTS 16670 176008 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 439.13 PARTS FOR AMBULANCE 1 16702 175754 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 88.90 PARTS FOR AMBULANCE 1 16703 176019 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 334.17 PARTS 16748 176287 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 24.03 PARTS 16749 176288 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,105.90 WORK DONE ON POLICE VEHICLE 16774 372350 60703.6371 REPAIRS & MAINT CONTRACTUAL CENTRAL GARAGE FUND 2,379.79

112138 10/7/2013 1989 MINNESOTA DEPARTMENT OF LABOR 1,135.18 17690037155 16908 9/26/13 10101.2083 SURCHARGES GENERAL FUND R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 16

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,135.18

112139 10/7/2013 1997 MINNESOTA FLYER MAGAZINE 103.00 SEPTEMBER DISPLAY AD 16765 9/12/13 20245.6341 ADVERTISING AIRPORT 103.00

112140 10/7/2013 2009 MINNESOTA PIPE & EQUIPMENT 153.97 SUPPLIES 16704 303472 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 152.94 SUPPLIES 16705 304187 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 118.10 SUPPLIES 16706 303594 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 49.00 SUPPLIES 16707 304947 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 16.93 SUPPLIES 16909 304990 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 139.98 SUPPLIES 16910 304908 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 557.29 SUPPLIES 16911 305950 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 432.65 SUPPLIES FOR IRRIGATION PROJ 16916 304983 50605.6530 IMPR OTHER THAN BUILDING WATER UTILITY 869.79 SUPPLIES FOR WATERMETER REPLAC 16917 305954 40430.6530 201219 IMPR OTHER THAN BUILDING WATER METER & EQUIP REPLACEMNT 2,490.65

112141 10/7/2013 2024 MINNESOTA VALLEY TESTING LABOR 73.75 WATER TESTING 16708 670589 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 43.75 WATER TESTING 16709 671186 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 62.50 WATER TESTING 16912 672479 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 180.00

112142 10/7/2013 4951 MK PAINTING INC 64,720.00 WATER TANK PAINTING PT2 16671 9/12/13 50605.6530 IMPR OTHER THAN BUILDING WATER UTILITY 64,720.00

112143 10/7/2013 2064 MTI DISTRIBUTING CO. 316.39 PARTS 16710 921196-00 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 316.39

112144 10/7/2013 2098 NATURE CALLS INC 2,755.24 PORTA POTTIES 16918 20168 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MAINTANCE 1,444.95 PORTA POTTIES 16919 20256 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MAINTANCE 1,223.72 PORTA POTTIES 16942 20373 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MAINTANCE 1,409.68 PORTA POTTIES 16943 20372 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MAINTANCE 6,833.59

112145 10/7/2013 3953 NORTHERN TECHNOLOGIES, INC. 973.75 testing services 16711 10157 40424.6530 201101 IMPR OTHER THAN BUILDING 2011 LOCAL IMPROVEMENTS 973.75 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 17

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit

112146 10/7/2013 2149 OFFICE OF ENTERPRISE TECHNOLOG 138.11 PHONES LINES FROM STATE OF MN 16712 W13080657 20245.6390 POSTAGE AND TELEPHONE AIRPORT 277.14 PHONES LINES FROM STATE OF MN 16712 W13080657 10330.6390 POSTAGE AND TELEPHONE BUILDINGS 415.25

112147 10/7/2013 5191 OGREN, CHRIS & KRISTEN 214.00 RETURN BALANCE OF ESCROW 16944 9/30/13 10101.2205 100033 DEPOSITS GENERAL FUND 214.00

112148 10/7/2013 4863 OLSEN CHAIN & CABLE, INC 240.79 PARTS 16713 524702 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 240.79

112149 10/7/2013 5176 PENWORTHY 222.66 CHILDREN BOOKS 16731 261211 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 222.66

112150 10/7/2013 2228 PINE BEND PAVING, INC. 298.50 CUT STREET PATCH ON ARMOUR AVE 16913 9092313 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 298.50

112151 10/7/2013 5046 PIRTEK BURNSVILLE 210.25 PARTS 16714 S1810545.001 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 229.48 PARTS 16715 S1810862.001 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 439.73

112152 10/7/2013 2240 PLUNKETT'S INC. 54.46 RODENTS/MICE CONTROL 16716 3815380 10527.6379 CONT SERV/REFUSE & SANITATION SPLASH POOL 54.46 RODENT CONTROL 16717 3815379 10520.6371 REPAIRS & MAINT CONTRACTUAL PARKS ADMINISTRATION 59.67 RODENTS/MICE CONTROL 16949 3815381 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MAINTANCE 5.21 rodents 16959 3759753-7/8/13 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MAINTANCE 173.80

112153 10/7/2013 2254 POVOLNY SPECIALTIES 801.56 BLDG & IRRIGATION 16766 36700 50605.6530 IMPR OTHER THAN BUILDING WATER UTILITY 801.56

112154 10/7/2013 4878 PRAIRIELAND CONTROLS LLC 2,433.99 DOOR CONTROLER TAX/PARTS 16945 1925 40402.6560 BUILDING FIXTURES AND IMPRS CAPITAL PROGRAMS FUND 2,433.99 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 18

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 112155 10/7/2013 2262 PRO ACT 205.73 8/12/13 THRU 8/28/13 16856 44856 20243.6302 PROFESSIONAL SERVICES WAKOTA ARENA FUND 205.73

112156 10/7/2013 5180 PURDY, WILLIAM 120.00 REFUND FOR ALT METER 16891 9/24/13 50605.4770 WATER METTER & CONN PERMITS WATER UTILITY 120.00

112157 10/7/2013 2286 QUILL CORP 59.96 OFFICE SUPPLIES 16767 5587541 10150.6201 OFFICE SUPPLIES FINANCE 75.13 OFFICE SUPPLIES 16767 5587541 10140.6201 OFFICE SUPPLIES CITY CLERK 421.15 TONER/MISC 16857 5467207 10315.6201 OFFICE SUPPLIES ENGINEERING 160.30 BLACK LASERJET TONER 16892 5658557 10140.6201 OFFICE SUPPLIES CITY CLERK 716.54

112158 10/7/2013 5187 RAVN, ERIN 125.00 REIMBURSEMENT 1/2 WSI FEE 16920 9/27/13 20250.6210 OPERATING SUPPLIES CENTRAL SQUARE 125.00

112159 10/7/2013 1634 RICOH USA, INC. 254.53 RENT AUG & 9-25 TO 10/24 16718 90752046 10520.6371 REPAIRS & MAINT CONTRACTUAL PARKS ADMINISTRATION 254.53 PLUS LATE CHARGE 16718 90752046 20250.6378 COPIER MAINTENANCE AGREEMENT CENTRAL SQUARE 16.43 RENT 10/12/ TO 11/11/13 16933 90840561 10520.6371 REPAIRS & MAINT CONTRACTUAL PARKS ADMINISTRATION 16.44 RENT 10/12/ TO 11/11/13 16933 90840561 20250.6378 COPIER MAINTENANCE AGREEMENT CENTRAL SQUARE 541.93

112160 10/7/2013 2351 ROCKMOUNT/NASSAU 382.84 SUPPLIES 16858 1189985 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 339.70 SUPPLIES 16859 1189986 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 722.54

112161 10/7/2013 2389 SAINT PAUL PUBLISHING COMPANY 25.00 ADVERTISING VOICE 16934 20238 20250.6341 ADVERTISING CENTRAL SQUARE 25.00

112162 10/7/2013 2410 SCHLOMKA SERVICES 350.00 CLEANING OF GARAGE FLOOR DRAIN 16860 14838 10320.6371 REPAIRS & MAINT CONTRACTUAL PUBLIC WORKS 350.00

112163 10/7/2013 2416 SCHMITZ, CHAD 99.99 REIMBURSEMENT SHOES 16750 9/19/13 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 99.99 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 19

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit

112164 10/7/2013 2464 SHORT ELLIOTT HENDRICKSON INC 2,489.86 THOMPSON TANK THRU 8/31/13 16861 272922 50605.6371 201217 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 336.30 SPRINT @ THOMSPON 8-31-13 16862 272910 10101.2205 100029 DEPOSITS GENERAL FUND 339.56 SPRINT @ALICE CT 8/31/13 16862 272910 10101.2205 100047 DEPOSITS GENERAL FUND 737.18 TMOBILE @ALICE CT 8/31/13 16862 272910 10101.2205 100002 DEPOSITS GENERAL FUND 8.79 VERIZON @ THOMPSON 7/31/13 16863 271975 10101.2205 100000 DEPOSITS GENERAL FUND 384.54 SPRINT @THOMPSON 7/31/13 16863 271975 10101.2205 100029 DEPOSITS GENERAL FUND 861.11 SPRINT @ALICE CT 7/31/13 16863 271975 10101.2205 100047 DEPOSITS GENERAL FUND 902.96 TMOBILE @ALICE CT 7/31/13 16863 271975 10101.2205 100002 DEPOSITS GENERAL FUND 6,060.30

112165 10/7/2013 2016 SHRED-IT MINNEAPOLIS 35.79 SHREDDING & FUEL SURCH 16897 9402532415 10150.6375 OTHER CONTRACTED SERVICES FINANCE 35.79

112166 10/7/2013 2492 SNAP ON TOOLS 379.30 PARTS 16719 09101310298 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 379.30

112167 10/7/2013 2505 SOUTH EAST TOWING INC 133.59 TOW CHARGES 16741 186019 10210.6371 REPAIRS & MAINT CONTRACTUAL POLICE PROTECTION 133.59

112168 10/7/2013 2508 SOUTH ST PAUL ANIMAL HOSPITAL 3,279.77 IMPOUND CHARGES MAY,JUNE,JUL 16742 9/19/13 10180.6302 PROFESSIONAL SERVICES ANIMAL CONTROL 3,279.77

112169 10/7/2013 4140 STANTEC CONSULTING SERVICES IN 2,952.00 SANIMAX ENDING 8/2/13 16864 719180 10101.1107 UNBILLED ACCOUNTS RECEIVABLE GENERAL FUND 2,952.00

112170 10/7/2013 5177 STATE TREASURER'S OFFICE 52.92 FORFEITURE FUNDSCF-12-140 16751 9/17/13 20212.6302 227515 PROFESSIONAL SERVICES GRANTS/DONATIONS POLICE 52.92

112171 10/7/2013 2570 STELZNER, NANCY 165.76 MILEAGE REIMBURSEMENT 16898 9/20/13 10520.6331 CONFERENCES, TRAINING, TRAVEL PARKS ADMINISTRATION 165.76

112172 10/7/2013 5181 SUNRAY TRUE VALUE HARDWARD 46.16 BATTERY 16893 35564 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 20

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 46.16

112173 10/7/2013 2607 TAHO SPORTS 129.00 T SHIRT HATS SCREENPRINT 16899 13TF0915 20250.6210 OPERATING SUPPLIES CENTRAL SQUARE 3,260.15 T SHIRT HATS SCREENPRINT 16899 13TF0915 10529.6210 OPERATING SUPPLIES RECREATIONAL PROGRAMS 3,389.15

112174 10/7/2013 2608 TAHO SPORTSWEAR, INC 4,862.40 FOOTBALL JERSEYS 16640 13TF1456 10529.6210 OPERATING SUPPLIES RECREATIONAL PROGRAMS 4,862.40

112175 10/7/2013 4305 THE GRAPHIC EDGE INC 137.67 T SHIRTS 16896 715096 10529.6210 OPERATING SUPPLIES RECREATIONAL PROGRAMS 137.67

112176 10/7/2013 2548 TITAN MACHINERY 116.46 PARTS 16720 1986865 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 310.20 PARTS 16914 2055603 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 426.66

112177 10/7/2013 2647 TKDA, ENGINEERING ARCHITECTURE 788.44 AUGUST, 2013 ENG SVCS 16721 2013002532 40430.6530 201219 IMPR OTHER THAN BUILDING WATER METER & EQUIP REPLACEMNT 788.44

112178 10/7/2013 2648 T-MOBILE 32.63 HOT SPOT 16865 9/16/13 10315.6390 POSTAGE AND TELEPHONE ENGINEERING 32.63

112179 10/7/2013 2665 TRANS UNION LLC 25.00 BASIC SERVICE 16722 8344529 10210.6375 OTHER CONTRACTED SERVICES POLICE PROTECTION 25.00

112180 10/7/2013 2693 TWIN CITY JANITOR SUPPLY, INC. 159.24 SUPPLIES 16723 148067 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 159.24

112181 10/7/2013 2705 UNIFORMS UNLIMITED 161.98 PANTS 16724 175127 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 101.49 RESERVE REHAK-SHIRTS 16743 175185 10210.6430 MISCELLANEOUS POLICE PROTECTION 47.01 GELHAYE-DUTY BELT 16915 176925 10210.6430 MISCELLANEOUS POLICE PROTECTION 310.48 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 21

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Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 112182 10/7/2013 2744 VAN PAPER COMPANY 474.80 SUPPLIES 16775 286919-00 10330.6210 OPERATING SUPPLIES BUILDINGS 474.80

112183 10/7/2013 2767 W.D. LARSON COMPANIES LTD, INC 15.23 PARTS 16889 B232680240 1 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 15.23

112184 10/7/2013 2473 WACONIA FARM SUPPLY 31.52 SUPPLIES 16931 77450 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MAINTANCE 31.52

112185 10/7/2013 2078 WAHL, COLLEEN 74.90 CLOTHING REIMBURSEMENT 16752 9/19/13 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 74.90

112186 10/7/2013 2809 WESTERN PETROLEUM COMPANY 15,014.08 4,000 GALLONS AVIATION FUEL 16725 548693-41801 20245.6250 MERCHANDISE FOR RESALE AIRPORT 15,014.08

112187 10/7/2013 2828 WINGFOOT COMMERCIAL TIRE 373.93 PARTS 16726 124-1067258 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 373.93

112188 10/7/2013 2830 WINZER CORPORATION 176.15 PARTS 16727 4797865 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 271.56 PARTS 16728 4797864 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 162.44 PARTS 16729 4803789 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 610.15

112189 10/7/2013 5072 WOOG, KIM 54.86 PINS - TRAINING EXPENSES 16641 8/23/13 10420.6331 CONFERENCES, TRAINING, TRAVEL CODE ENFORCEMENT 54.86

112190 10/7/2013 2849 XCEL ENERGY 142.11 PEDESTRIAN WALKWAY LIGHT 16873 384122777 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 97.23 LGT ON TRAIL BY WAKOTA BRDG 16874 384172598 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 161.79 LIGHT ON WENTWORTH BY ROUNDBOU 16875 384349393 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 117.99 LIGHT ON 19TH AV N BY TUNNEL 16876 384179350 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 36.99 LIGHT ON 7TH AV SO BY 494 16877 384179662 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 40.62 LIGHT ON 7TH AV S BY 494 16878 384182908 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 11.65 LIGHT ON 910 CONCORD ST S` 16879 384057621 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 22

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Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 23.81 LIGHT ON 910 CONCORD ST S` 16880 384205433 50606.6385 UTILITY SERVICE SEWER UTILITY 632.19

112191 10/7/2013 2855 YOUNG, SHANNON 82.77 MILEAGE REIMBURSEMENT 16922 9/30/13 10520.6331 CONFERENCES, TRAINING, TRAVEL PARKS ADMINISTRATION 82.77

112192 10/7/2013 2866 ZEP SALES & SERVICE 282.76 SUPPLIES 16866 9000524497 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 282.76

112193 10/7/2013 5164 ZEULI, LINDA 31.07 OVERPAID MEMBERSHIP 16642 9/13/13 20250.4541 CSCC MEMBERSHIPS CENTRAL SQUARE 31.07

112194 10/7/2013 2078 WAHL, COLLEEN 186.89 CLOTHING REIMBURSEMENT 16978 9/26/13 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 186.89

2013261 9/17/2013 2013 MINNESOTA REVENUE ( C ) 7.69 SALES AND USE TAX AUGUST, 2013 16881 9/17/13 20245.2081 DUE TO OTHER GOVT-SALES AIRPORT 19.85 SALES AND USE TAX AUGUST, 2013 16881 9/17/13 10101.2081 DUE TO OTHER GOVT-SALES GENERAL FUND 23.37 SALES AND USE TAX AUGUST, 2013 16881 9/17/13 20230.2081 DUE TO OTHER GOVT-SALES LIBRARY 364.25 SALES AND USE TAX AUGUST, 2013 16881 9/17/13 20250.2081 DUE TO OTHER GOVT-SALES CENTRAL SQUARE 714.07 SALES AND USE TAX AUGUST, 2013 16881 9/17/13 10101.2081 DUE TO OTHER GOVT-SALES GENERAL FUND 946.79 SALES AND USE TAX AUGUST, 2013 16881 9/17/13 50605.2081 DUE TO OTHER GOVT-SALES WATER UTILITY 3,211.38 SALES AND USE TAX AUGUST, 2013 16881 9/17/13 20243.2081 DUE TO OTHER GOVT-SALES WAKOTA ARENA FUND 5,287.00

2013262 9/24/2013 1559 HEALTHPARTNERS 31.12 HRA REIMBURSEMENT 16882 9/24/13 70805.6131 EMPLOYEE HRA REIMBURSEMENT EMPLOYEE HEALTH REIMBUR 31.12

2013263 9/27/2013 2699 U.S. BANK, NA, CM-9705 2,979.17 DCC DEBIT 16883 9/27/13 30313.6611 BOND INTEREST 2007 DCC REVENUE BONDS 2,979.17

2013264 9/20/2013 1338 EFTPS 24,168.87 16672 0918131354101 10101.2171 FEDERAL WITHHOLDING GENERAL FUND 24,629.14 16678 0918131354102 10101.2173 FICA TAX WITHHOLDING GENERAL FUND 48,798.01 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 23

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2013265 9/20/2013 2013 MINNESOTA REVENUE ( C ) 9,668.48 16685 0918131354109 10101.2172 STATE WITHHOLDING GENERAL FUND 9,668.48

2013266 9/20/2013 2018 MINNESOTA STATE RETIREMENT SYS 1,306.27 16673 09181313541010 10101.2175 OTHER RETIREMENT GENERAL FUND 1,306.27

2013267 9/20/2013 2718 UNITED WAY OF THE ST PAUL AREA 40.00 16676 09181313541013 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 40.00

2013268 9/20/2013 2748 VANTAGE POINT TRANSFER (EFT) 2,985.47 16677 09181313541014 10101.2175 OTHER RETIREMENT GENERAL FUND 2,985.47

2013269 10/1/2013 1338 EFTPS 263.49 16688 0919131326561 10101.2171 FEDERAL WITHHOLDING GENERAL FUND 634.88 16689 0919131326562 10101.2173 FICA TAX WITHHOLDING GENERAL FUND 898.37

2013270 10/1/2013 2013 MINNESOTA REVENUE ( C ) 171.25 16690 0919131326563 10101.2172 STATE WITHHOLDING GENERAL FUND 171.25

2013271 10/1/2013 2018 MINNESOTA STATE RETIREMENT SYS 3,007.40 16691 0919131326564 10101.2175 OTHER RETIREMENT GENERAL FUND 3,007.40

2013272 10/4/2013 1338 EFTPS 24,833.79 16960 1002131049331 10101.2171 FEDERAL WITHHOLDING GENERAL FUND 25,075.98 16969 1002131049332 10101.2173 FICA TAX WITHHOLDING GENERAL FUND 49,909.77

2013273 10/4/2013 2013 MINNESOTA REVENUE ( C ) 9,940.67 16962 10021310493311 10101.2172 STATE WITHHOLDING GENERAL FUND 9,940.67

2013274 10/4/2013 2018 MINNESOTA STATE RETIREMENT SYS 1,306.27 16963 10021310493312 10101.2175 OTHER RETIREMENT GENERAL FUND 1,306.27 R55CKREG LOG20000 CITY OF SOUTH ST PAUL 10/3/2013 10:29:47 Council Check Register Page - 24

9/17/2013 -- 10/7/2013

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2013275 10/4/2013 2718 UNITED WAY OF THE ST PAUL AREA 40.00 16967 10021310493316 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 40.00

2013276 10/4/2013 2748 VANTAGE POINT TRANSFER (EFT) 2,985.47 16968 10021310493317 10101.2175 OTHER RETIREMENT GENERAL FUND 2,985.47

1,013,634.08 Grand Total Payment Instrument Totals

Check Total 874,310.48

Transfer Total 139,323.60

Total Payments 1,013,634.08 fJ'Si City Council Agenda Report .W Date: October 7, 2013 1'!1 Department: City Planner -~· Administrator: --.::>-~~)/ II- r<...... _

Agenda Item: Coen Encroachment Agreement

Action to be considered: Consider the approval of an encroachment agreement for a fence in the City Right-of-way adjacent 1 to the property at 1066 17 h Avenue North.

Background: The owner of the property at 1066 17th Avenue North is proposing to install a 6-foot high privacy fence which would extend 3 feet into the City right-of-way for Pleasant Avenue. Currently there are some shrubs that are in approximately the same location and the property owner wishes to remove the shrubs and place the fence in that same location. The location of the fence would allow the property owner to utilize the area behind the fence for a garden and would also allow the owner to have a gate on the fence to access the driveway. The fence would still be approximately 11.5 feet behind the curb line so it would not appear to impact utilities or plowing and street maintenance. The City Planner, City Engineer, and Public Works Director have all reviewed the proposed encroachment.

Source of Funds: N/ A 60-Day Review Period Ends: N/A LICENSE AGREEMENT

LICENSE AGREEMENT made this _ _ day of , 2013, between the City of South St. Paul ("Grantor"), a Minnesota municipal corporation, and David C. Coen, Jr. ("Grantee")

RECITALS

A. Grantee is the owner of real property at 1066 17 111 A venue North ("Property"), situated in the City of South St. Paul, Dakota County, Minnesota, and legally described as follows:

All of Lot 11 except the part for the street, all of Lot 12 and the North 3 and 12 feet of Lot 13, Block 1, GRANDVIEW ADDITION, according to the recorded plat, thereof.

B. Grantee wishes to install a 6-foot high privacy fence ("Fence") which will extend 3 feet into the City owned property which is the street right-of-way ("City Property") adjacent to 1066 17111 Avenue North for the easterly 60 feet ofthe City Property. The Fence not encroach any closer than 11 Yz feet from the south curb line of Pleasant Avenue.

LICENSE

Section 1. Grantor hereby grants to Grantee a license for a Fence within the City Property adjacent to the Property, encroaching 3 feet onto the City Property, adjacent the parcel legally described above, subject to the terms and conditions herein contained.

Section 2. At such time as this License is terminated by either party, Grantee, at its sole cost, shall remove the Fence and shall restore the area occupied by the Fence within the City Property to substantially the condition in which it was prior to the construction of the Fence. If Grantee does not remove the Fence as required by the preceding sentence, Grantor shall have the right to remove the same and restore the area, and Grantee shall be liable to Grantor for all costs of such removal and restoration, and Grantor shall not be liable to Grantee on account thereof. Section 3. Grantee, as well as Grantee's successors and assigns, shall indemnify, defend and hold Grantor, its Council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that Grantor incurs or suffers, which arise out of, result from or relate to any of the following:

a.) construction ofthe Fence; b.) maintenance ofthe Fence; c.) improvement of the Fence; d.) condition of the Fence e.) use ofthe Fence; and f.) existence ofthe Fence

Section 4. Grantee, as well as Grantee's successors and assigns, hereby releases and discharges Grantor, its Council, agents, consultants, attorneys, employees, and representatives from any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, that Grantee may have, whether known or unknown, arising out of, resulting from or relating in any way or by reason of any matter, cause or thing whatsoever pertaining to the Fence.

Section 5. If Grantor, in the exercise of its sole discretion, determines that the maintenance of the Fence within the City Property will interfere with a planned development or improvement of the City Property, interferes with the public use ofthe City Property, or interferes with the maintenance of the City Property, Grantor may terminate this License by not less than 30 days written notice to Grantee, or its successors or assigns. In the event the Grantor terminates the License, Grantee must remove the Fence pursuant to Section 2.

IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year first above written. David C. Coen, Jr.

STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )

The forgoing instrument was acknowledged before me this _ day of ______, 20_, by David C Coen, Jr.

Notary Public

City of South St. Paul:

By: Mayor

By: City Clerk

STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )

The forgoing instrument was acknowledged before me this _day of ------' 20_, by Beth A. Baumann, Mayor and Christy M. Wilcox, City Clerk., ofthe City of South St. Paul, a municipal corporation under the laws of the State of Minnesota , on behalf of the corporation.

Notary Public This instrument was drafted by: Engineering Department City of South St. Paul 125 3rd Avenue North South St. Paul, MN 55075 SOUTH ST. PAUL CITY COUNCIL MINUTES OF SEPTEMBER 23, 2013

The special meeting of the City Council was called to order by the Mayor Beth Baumann 7:00 P.M . on Monday, September 23, 2013.

ROLL CALL:

Present, Mayor, Beth Baumann Councilmembers Hansen, Lehmann, Podgorski, Rothecker, Seaberg

Absent, Councilmember Niederkorn

Also Present, City Administrator, Steve King City Engineer, John Sachi City Clerk, Christy Wilcox City Planner, Peter Hellegers

3) Agenda

Moved by Seaberg/Lehmann

MOVED: To approve the agenda.

Motion carried 6 ayes/0 nays

4a) Mathias Die Preliminary Plat and PUD

Moved by Seaberg! Hansen

MOVED: To adopt Resolution No. 2013-167, approving a Planned Un it Development

and Preliminary Plat for the property at 391 Malden Street.

Motion carried 6 ayesjO nays

4b) Declare Zamboni as Surplus Property

Moved by Sea berg/Hansen

MOVED: To adopt Resolution No. 2013-170, declaring certain property surplus and

authorize the sale of such property.

Motion carried 6 ayes/ 0 nays

City Council Minutes of September 23, 2013 1 5) Adjournment

Moved by Seaberg/Rothecker

MOVED: That the meeting of the City Council adjourn at 7:07 p.m.

Motion carried 6 ayes;o nays

Approved: October 7, 2013

City Clerk

City Council Minutes of September 23, 2013 2 FJiN City Council Agenda Report .W Date: October 7, 2013 __ • Department: City Clerk 151 Administrator: -.Sf=J<(

Agenda Item: Application for Temporary On-Sale Intoxicating Liquor Licenses by Church of the Holy Trinity

Action to be considered:

Motion to approve a request for Temporary On-Sale Intoxicating Liquor Licenses to Church of the Holy Trinity on Tuesday, October gth from 3:00p.m. to 11:00 p.m.

Overview:

On May 2, 2011, the City Council approved an ordinance amending Chapter 6 of the City Code related to intoxicating liquor which allows for the issuance of a temporary on-sale intoxicating liquor license to a club or charitable, religious or other non-profit corporation that has existed for at least three years. This license allows the sale of intoxicating liquor for consumption on the premise in connection with a social event within the City sponsored by the licensee.

Holy Trinity has requested the approval of a temporary on-sale intoxicating liquor license for their Argument of the Month event to be held on Tuesday, October gth from 3:00p.m. to9 11 :00 p.m. The Police Department has approved the security plan for this event.

Source of Funds: n/a 8-J;"' .J). kl ot?

City Clerk's Office 125 3rd Avenue North City of South St. Paul South Sl. l'aul, MN 55075 TEMPORARY ON SALE (651) 554-3204 City Clerk's Office LIQUOR LICENSE IRmlpt: State Form Attached

Organization Name: Phone: Holy Trinity Parish 651-4551302 Address: City, State, Zip 749- 6th AvenueS. South St. Paul, MN 55075 Minnesota Business Tax ID#: Federal Business Tax rD#: 8427767 41-0734737 ;r_y.qe of Or,gruljzation: Date Organized: U Club LJ Charitable [2] Religious 0 Other Nonprofit April 1941

Organization Officer's Name: Phone #: Rev. John Paul Echert 651-455-1302 Address: City, State, Zip 749- 6th AvenueS. South St. Paul, MN 55075 Driver's License Number: State of Issuance: MN

EVENT INFORMATION

Name of Event: Event Location: Argument of the Month {AOTM) St. Augustine Church Date(s) ofEvent: Time ofEvent: October 8, 2013 3:00 pm to 11 :00 pm Manager/Contact Person of Facility: Manager/Contact Person Telephone Number: Rick Sobaski 651-455-3902

partment:

I certify that the infonnation conlained in this application is true to the best of my knowledge. I hereby agree to notiJY the City of any changes in ownership. I further authorize the City or its Vendor and other City Officials to investigate all facts set out in this application . 1 understand that the purpose ofpennilting the City to have access to this information is to determine my suitability for issuance of a Business License in the City of South St. Paul. I further understand that I an1 not legally required to supply the requested data, but that by refusing to comply, my license applica­ tion may be denied. Your residence address and telephone number will be considered public data unless you request this infonnation to be private and provide an alternative address and telephone number.

Date of Application: Signature Applicant 2-Lf S-

• Temporary on-sale liquor sales should be conducted in accordance with the City of South St. Paul City Code.

• Good judgment should be used in sales and display of intoxicating liquor.

• Individuals making sales are responsible for people the intoxicating liquor is sold to. A special effort must be made to restrict all sales to people over 21 years of age. All sales persons must be 21 years of age.

• Hours of sale must be stated on the permit. No sales may be made before noon on Sundays and before 8:00 a.m. or after 1:00 a.m. on other days. Permitted hours of sale on holidays may differ.

Special instructions:

• Intoxicating liquor will only be sold at the designated beverage booth(s).

• Individuals (volunteers) will be stationed at both the entrance door of the church basement and at the entrance of the tent to check I.D. 'sand issue wrist bands to people over 21 years of age wishing to purchase and/or drink intoxicating liquor.

• An individual (volunteer/bartender) in the beverage booth will only sell intoxicating liquor to people wearing a wrist band.

• Individuals (volunteers, and/or off duty law enforcement officers) will be patrolling the premises looking for anyone who may be drinking intoxicating liquor and not wearing a wrist band. If anyone is found to be drinking intoxicating liquor and not wearing a wrist band, they will be asked to show their I.D., and if over 21 years of age, will be issued a wrist band at that time. Individuals (volunteers) will also make sure that anyone drinking intoxicating liquor remain on the property at all times, and not be allowed to leave the event with alcohol.

• Holy Trinity will make every effort to have parish staff and/or a volunteer off duty law enforcement officer on the premises at all times during the Argument Club event.

Revised September 27, 2013 East Street

Bar 1 I I I I S t

I I I r Tent North Church e Tent Entrance I I ll e I I I I I t I I I J I South

Alley

Parking Lot

West I

!L I I Stairs Entrance Kitchen

1 1 Admissions Table

Door to hallway and Janitor closet Bar

Church Hall

storage

Storage Elevator used only for Elderly All others must enter from the east Door City Council Agenda Report Date: October 7, 2013 -='• Department: Police n-;t Administrator: -~P)\

Agenda Item: Approval of contract with Dakota County Technical College (DCTC) for SUV Familiarization Training

Action to be considered:

Motion to approve the contract between the Police Department and the Dakota County Technical College (DCTC) for specialized training - SUV Familiarization Training

Overview:

The Police Department is required by the Minnesota Board of Police Officer Standards and Training (POST) to have all officers obtain at least eight hours of classroom and skills-based training every five years for Police Pursuit I Emergency Vehicle Operation (Minn. Stat. 626.8458, subd. 5). Most of the Department patticipated in this training using the Ford Crown Victoria Police Interceptor Sedan. In the last two years, the Police Department has transitioned to Ford's new Police Interceptor Utility (SUV) as our primary police patrol vehicle. Police Department staff believes it is important for its officers to train with the type of vehicles they will be driving, as each vehicle has different performance and handling characteristics. Currently, we have 18 officers who have taken the required course using the Crown Victoria. The other officers have gone through the required course using the Police Interceptor Utility (SUV). Dakota County Technical College (DCTC) has agreed to offer the Police Department an SUV Familiarization course to train the remaining 18 officers in Pursuit I Emergency Vehicle Operations using the Police Interceptor Utility (SUV). Because this course is specifically designed for our Department and not offered as a regular course by DCTC, they require a "Customized Training Income Contract." The contract is for two sessions of three hours oftraining at a cost of$600.00 per session. This contract has been reviewed and approved by City Attorney Kori Land.

Source of Funds:

2013 Police Protection Program Budget F.Y. Cost Center Obj. Code Amount Vendor# P.O.# 2014 216-126

STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES DAKOTA COUNTY TECHNICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT

Dakota County Technical College (hereafter "COLLEGE/UN IVERSITY") by virtue of its delegated authority from the Board ofTrustees of the Minnesota State Colleges and Universities and South St Paul Police Department, 125 3rd Avenue North, South St Paul, MN 55075 (hereafter "PURCHASER") agree as follows:

!. DUTI ES OF THE COLLEGE/UNIVERSITY: The COLLEGE/UNIVERSITY agrees to provide the fo llowing:

Title oflnstruction/Activity/Service: SUV Familiarization Training

Date(s) oflnstruction/Activity /Service: October 10, 2013- 3pm to 6pm October 17, 2013 -lpm to 4pm

Instructor/Trainer/Consultant: As provided by DCTC

Location: Driver Training Facility@ DCTC

Other Provisions: N/A

II. DUTIES OF THE PURCHASER: The PURCHASER agrees to provide:

N/A

III. SITE OF INSTRUCTION/ACTIVITY/SERVICE: DCTC shall make all of the arrangements, including any payment, for the location to be used for the Instruction/Activity/Service.

IV. CONSIDERATION AND TERMS OF PAYMENT:

A. Cost. Cost of Instruction/Activity/Service (total or per hour): $600 per session (2)

Other fees: N/A

Notwithstanding the thirty (30) day notice period established in paragraph VII, in the event that the PURCHASER desires to cancel or reschedule the Instruction/ Activity/Service due to low enrollment, PURCHASER shall give at least seven days notice in writing to the COLLEGE/UNIVERSITY' S authorized agent to cancel or reschedule. If the Instruction/Activity/Service is canceled as provided herein, the COLLEGE/UNIVERSITY shall be entitled to payment calculated according to paragraph VII. If the Instruction/Activity/Service is rescheduled as provided herein, payment shall be according to this paragraph IV.

Jim Unger B. Terms of Payment. The COLLEGE/UN IVERSITY will send an invoice for the Instruction/ Activity/Service performed. The PURCHASER will pay within 30 days of receiving the invoice. Please send payment to: Dakota County Technical College Attn: Marsha Johnson 1 1300 145 h Street East Rosemount, MN 55068-2999

V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT:

A. PURCHASER'S authorized agent: Beth Baumann, Mayor of So St Paul

B. COLLEGE/UNIVERSITY authorized agent: Patrick McQuillan, Dean of Customized Training & Continuing Education

VI TERM OF CONTRACT:

A. Effective date: October 10, 2013 B. End date: October 17, 2013 or until all obligations set forth in this contract have been satisfactorily fu lfi lled, whichever occurs first.

VII. CANCELLATION. This contract may be canceled by the PURCHASER or the COLLEGE/ UNIVERSITY at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, the COLLEGE/UNIVERSITY shall be entitled to payment, determined on a pro rata basis, for work or Instruction/Activity/Service satisfactorily performed.

VIII. ASSIGNMENT. Neither the PURCHASER nor the COLLEGE/UNIVERSITY shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party.

IX. LIABILITY. The PURCHASER shall indemnify, save, and hold the COLLEGE/UNIVERSITY, its representatives and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the COLLEGE/UNIVERSITY, arising from the performance of this contract by the PURCHASER or PURCHASER' S agents or employees. This clause shall not be construed to bar any legal remedies the PURCHASER may have for the COLLEGE/UNIVERSITY'S failure to fu lfill its obligations pursuant to this contract.

X. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE. The PURCHASER agrees that in fulfilling the duties of this contract, the PURCHASER is responsible for complying with the applicable provision of the Americans With Disabil ities Act, 42 U.S.C. Section 12 101 , et seq. and regulations promulgated pursuant to it. The COLLEGE/UNIVERSITY IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the ADA.

XI. AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office.

Xll. GOVERNMENT DATA PRACTICES ACT. The PURCHASER must comply with the Minnesota Government Data Practices Act, Minnesota Statues Chapter 13, as it applies to all data provided by the COLLEGE/UNIVERSITY in accordance with this contract, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the PURCHASER in accordance with this contract. The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this Article by either the PURCHASER or the COLLEGE/UN IVERSITY.

2 Jim Unger In the event the PURCHASER receives a request to release the data referred to in this Article, the PURCHASER must immediately notify the COLLEGE/UNIVERSITY. The COLLEGE/UNIVERSITY will give the PURCHASER instructions concerning the release of the data to the requesting party before the data is released.

XIII. RIGHTS IN ORIGINAL MATERIALS. The Dakota County Technical College shall own all rights, including all intellectual property rights, in all original materials, including any curriculum materials, inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically or magnetically recorded materials, and other work in whatever form, developed by the COLLEGE/UNIVERSITY and its employees individually or jointly with others or any sub PURCHASER in the performance of its obligations under this contract. This provision shall not apply to the fo llowing materials: N/A or See Attached

XIV. JURISDICTION AND VENUE. This contract, and amendments and supplements thereto, shall be governed by the Jaws of the State of Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota.

XV. OTHER PROVISIONS. (Attach additional page(s) if necessary): Not Applicable

IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED:

1. PURCHASER: 2. MINNESOTA STATE COLLEGES AND PURCHASER certifies that the appropriate UNIVERSITIES person(s) have executed the contract on behalf of PURCHASER as required by applicable Dakota County Technical College articles, by-laws, resolutions, or ordinances.

By (authorized signature) By (authorized College/University signature)

Title Title

Date Date

By (authorized signature)

Title

Date MnSCU 003 07/07/03

3 Jim Unger JJI'I City Council Agenda Report ~ Date: October 7, 2013 Department: Engineering n;t-=· Administrator: Sri(

Agenda Item: Approve Amendment #2 to the Cooperative Construction Agreement No. 03174 for the 2010-013 Southview Boulevard Sidewalk Project

Action to be considered:

Motion to approve Resolution 2013-171 RESOLUTION APPROVING AMENDMENT #2 TO THE COST SHARING AGREEMENT WITH THE STATE OF MINNESOTA (AGREEMENT NO. 03174) FOR ADDITIONAL CONCRETE RAMP REPAIR AT THE RAMPS AT SOUTHVIEW BOULEYARD AND TRUNK HIGHWAY 52.

Overview:

On June 18, 2012, the City Council approved the Cost Sharing Agreement with the State of Minnesota Department of Transportation for a portion of the Southview Boulevard sidewalk within the TH 52 right-of-way. The amount was originally capped at $43,200. After opening bids on August 6, 2012, the bids came in higher than expected and the State agreed to amend the agreement an additional $18,560.45 for an amended total of$61,760.45.

The Contractor finished the work at the ramps at Southview Boulevard and TH 52 last fall. During the State's walk through, they noted that the asphalt patches along the new curb at the ramps should be concrete. The approved plans stated it would be patched in with asphalt. The State requested that the City obtain prices for installing a 4 foot wide concrete patch in these areas. The Contractor provided prices for this work and they were sent to the State for review. The State reviewed the prices and stated they could only pay for the construction items which amount to $13,121.52. This work has been added to the City's contract with Arnt Construction as Supplemental Agreement #2 at the August 5, 2013 City Council Meeting. Amendment #2 approves Mn/DOT paying the City the additional funds for the project. The staff had the Mayor sign the agreement on September 23, 2013 but a resolution is required by Mn!DOT. The timing of getting the work was needed by September 25, 20 13 to make sure the work got done this year.

Source of Funds:

This project is partially funded with these cooperative agreement monies. The remaining costs are split 45% City and 55% Dakota County funds. The City's finds are primarily from the City's MSA account. City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2013-171

RESOLUTION APPROVING AMENDMENT NO. 2 TO A COST SHARING AGREEMENT WITH THE STATE OF MINNESOTA (AGREEMENT NO. 01374) FOR ADDITIONAL CONCRETE RAMP REPAIR AT THE RAMPS AT SOUTHVIEW BOULEYARD AND TRUNK HIGHWAY 52.

WHEREAS, the City Council has reviewed and considered Amendment No. 2 to Mn/DOT Contract No. 01374 for cost sharing of additional concrete ramp repair along Southview Boulevard at TH 52 in the amount of$13,121.52;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South St. Paul, Minnesota, as follows:

I. That the Amendment No. 2 to Mn/DOT Contract No. 01374 with the State of Minnesota, Department of Transportation for the following purposes:

To provide for a lump sum payment by the State to the City of the State's share of the costs for changing the bituminous patching to concrete patching along the Trunk Highway 52 ramps to County State Aid Highway No. 14 (Southview Boulevard) from Trunk Highway No. 52 West Ramps to trunk Highway No. 52 East Ramps within the corporate City limits under State Project No. 1928-63 (T.H. 52= 115).

2. That the Mayor and the City Clerk are hereby authorized and directed to execute and deliver said Agreement in the name and on behalf of the City.

Adopted this i 11 day of October, 2013.

City Clerk Mn/DOT Contract No: 01374-2

STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF SOUTH SAINT PAUL AMENDMENT NO.2

State Project Number (S.P.): 1928-63 Original Amount Encumbered Trunk Highway Number (T.H.): 52= 115 $43,200.00 State Aid Number (S.A.P.): 168-020-011 City Project Number: 2010-013 Amendment No. 1 Amount Encumbered County Project Number: 14-25 $18,560.45

Amendment No.2 Amount Encumbered $13,121.52

Total Obligation $74,881.97

This Amendment is bet\veen the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of South Saint Paul acting through its City Council ("City"). Recitals I. The State has a contract with the City identified as Mn/DOT Contract No. 01374 ("Original Contract") to provide payment by the State to the City for the State's share of the costs of the grading, aggregate base, bituminous surfacing, concrete curb and gutter, concrete sidewalk, stonn sewer, signal modifications and utility improvements construction and other associated construction upon, along and adjacent to County State Aid Highway No. 14 (Southview Boulevard) from Trunk Highway No. 52 West Ramps to Trunk Highway No. 52 East Ramps according to City-prepared plans, specifications and special provision designated by the City as City Project No. 2010-01 3 and by the State as State Project No. 1928-63 (T.H. 52= 115)("Project"); and 2. This Agreement is amended due to a field modification of changing bituminous patching to concrete patching to better match the existing conditions; and 3. The State and the City are willing to amend Amendment No. 1 to the original Contract as stated below; and 4. The City of South Saint Paul has agreed that this lump sum amount is the maximum add itional amount of State Funds that will be provided; and 5. The City of South Saint Paul will be responsible for any additional costs.

Contract Amendment REVISION 1. Articles 8.1 and 8.2 are deleted in their entirety and replaced with the following: 8. State Cost and Payment by the State 8.1 State Cost. The cost share of the original contract construction plus the 8 percent construction engineering cost share is $6 1,760.45 as shown in the Revised SCHEDULE "f" dated August 3, 2012. The cost share of Supplemental Agreement No. 2 to the contract construction for changing th e bituminous patching to concrete patching is the amount of $13,121.52. The total State cost share is $74,881.97.

- I - Mn/DOT Contract No: 01374-2

8.2 Conditions ofPayment. The State has already advanced to the City the State's share of the original contract construction and construction engineering cost share. The State will pay to the City the full and complete lump sum cost share of $13,121.52 for Supplemental Agreement No. 2 after the following conditions have been met: A. Encumbrance by the State of the State's total cost share of$74,881.97. B. The State's receipt of a written request from the City for the advancement of $13,121.52.

The terms of the Original Contract are expressly reaffinned and are incorporated by reference. Except as amended herein, the tenns and conditions of the Original Contract and all previous amendments remain in full force and effect.

[TI1e remainder of this page has been intentionally left blank]

-2- Mn/DOT Contract No: 01374-2

STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § I 6A.l5 and 16C.05. Recommended for Approval:

Signed: By: (District Engineer) Date: Date:

SWIFT Purchase Order: 3000147345 Approved:

CITY OF SOUTH SAINT PAUL By: (State Design Engineer) The undersigned certify that they have lawfully Date: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances.

By: COMMISSIONER OF ADMINISTRATION

Title: f{ 0 y o ~ By: Date: q- ~3- ~013 (With delegated authority) Date: By:

Title:

Date:

- .)" - ~ City Council Agenda Report Fir:~....,~~ Date: October 7, 2013 1!1 Department: Parks & Recreation Administrator: ~J<\

Subject: Acceptance of Gifts and Grants - Youth Program Fee Assistance from South St. Paul Jaycees

Action to be considered:

Motion to adopt Resolution No. 2013-176 accepting Gifts and Grants from the SSP Jaycees to fund youth fee assistance for parks and recreation programs.

Overview:

The City Council is required by State Law to vote to accept any gift or grant to the City of South St. Paul. The gift of $500.00 has been offered to the Parks and Recreation Department to be earmarked for youth program fee assistance per parks and recreation policy guidelines.

The funding is provided as a result of the National Get Outdoors Day Citywide Camp-Out co-sponsored by the SSP Jaycees and the City of South St. Paul Parks and Recreation Department. The third annual Citywide Camp-Out took place at Lorraine Park on Saturday, June 8, 201 3.

Source of Funds:

N/A City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2013-176

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 Jaycees $500.00 Parks and Recreation Youth Program Fee Assistance

Adopted this 7th day of October, 2013.

City Clerk ~ City Council Agenda Report ..,F;::::;;;;.~rr=..,..- Date: October 7, 2013 i!il Department: Parks & Recreation Administrator: S'y~

Subject: Acceptance of Gifts and Grants - Parks and Recreation from South St. Paul Lions Club for Youth Football Program

Action to be considered:

Motion to adopt Resolution No. 2013-177 accepting Grants and Gifts from the South St. Paul Lions Club for funding Youth Football Program supplies.

Overview:

The City Council is required by State Law to vote to accept any gift or grant to the City of South St. Paul. The gift of $250 has been offered to the Parks and Recreation Department for the purpose of funding Youth Football Program supplies. The funding is a result of concession sales revenue from Packer Youth Football Night at the South St. Paul High School's football game on September 6, 2013.

Source of Funds:

NIA City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2013-177

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 of the 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 Pumose

South St. Paul Lions Club $250.00 Youth Football Program Equipment

Adopted this 7th day of October, 2013.

City Clerk City Council Agenda Report Date: October 7, 2013 Department: Parks an~ecreation/Wakota Arena Administrator: -.S1 J\

Agenda Item: Wakota Civic Arena - Learn to Skate School Agreement Renewal

Action to be considered:

Renew Agreement with Blades n Motion Skating School for a three-year term with the option to add two more years at the conclusion of the initial Agreement.

Overview: In 2010 the City entered into a three-year independent contractor Agreement with Barb Yackel for the operation of a skating school at Wakota Arena. Since that time Ms. Yackel's school, Blades n Motion has served over 700 skaters including coordination with the South St. Paul Youth Hockey Association to develop the Mite Readiness program. In addition, Ms. Yackel has rented ice time and hosted two skating competitions at Wakota Arena and has plans for future national level competitions at our facility. Staff has been pleased with Ms. Yackel's skate school and performance.

As the skate school grows, Ms. Yackel has experienced an increase in administrative work, and because of that increase, has requested a higher percentage of the net revenue share with the new Agreement. The City's portion of revenue share from the original skate school Agreement has covered the costs Wakota Arena incurred annually since 2010 including ice rental and advertising support.

Staff recommends a 6% increase to Ms. Yackel's share of the net revenue in the new Agreement from the former 50% City, 50% skate school in 2012 to a 44% City, 56% skate school fixed amount for the entire term of the new Agreement for 2013 - 2016. The new Agreement is for another three-year term, with the option to extend another two years at the conclusion of the initial term. The City revenue share at 44% will continue to be enough to cover the expenses incurred by Wakota Arena to host the program.

The new Agreement has been reviewed by the City Attorney and is attached for your review along with Resolution 2013-178. Ms. Yackel's skating school has been a valuable asset to the Wakota Arena, South St. Paul Youth Hockey, and The City of South St. Paul.

Source of Funds: N/A City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2013-178

RESOLUTION TO ENTER INTO AN AGREEMENT WITH BARB YACKEL (AKA BLADES N MOTION) FOR LEARN TO SKATE SCHOOL AT WAKOTA CIVIC ARENA

WHEREAS, in 2010 Wakota Civic Arena entered into an Agreement with Blades N Motion Skate School to administer the Learn to Skate Program; and

WHEREAS, Blades N Motion conducted a satisfactory Learn to Skate School operation at Wakota Civic Arena for the 2010, 2011, 2012 seasons profit sharing with the City of South St. Paul per the Agreement; and

WHEREAS, Blades N Motion and City of South St. Paul would like to continue an Agreement for administration of the Learn to Skate School at Wakota Civic Arena for the 2013 - 20 16 seasons; and

WHEREAS, a new Agreement for administration of the Learn to Skate School at Wakota Civic Arena for the 2013 - 2016 seasons was negotiated with Blades N Motion with the option to extend the Agreement for an additional two years; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South St. Paul, Minnesota, to enter into an Agreement for administration of the Learn to Skate School at Wakota Civic Arena with Barb Yackel (AKA Blades N Motion) for the 2013-2016 seasons.

Adopted this 7th day of October, 2013.

City Clerk LEARN TO SKATE AGREEMENT

THIS AGREEMENT ("Agreement") made this day of ______, 2013 ("Effective Date") is made between the City of South St. Paul, 125 - Third Ave. North, South St. Paul, Minnesota 55075 ("City") and Barb Yackel, ------­ _____(address) ("Contractor").

RECITALS

WHEREAS, the City of South St. Paul desires to engage the services of Contractor to perform certain services at W akota Arena in South St. Paul; and

WHEREAS, Contractor is experienced in providing such services and is willing to perform such services in exchange for the mutual promises as set forth in this Agreement.

NOW THEREFORE, the parties mutually agree as follows:

ARTICLE 1 DEFINITIONS

The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below.

1.1 City. "City" means the City of South St. Paul, a municipal corporation. 1.2 Gross Revenue. "Gross Revenue" means the total revenue for Registration Fees from the Learn to Skate program. 1.3 Contractor. "Contractor" means Barb Yackel. 1.4 Registration Fees. "Registration Fees" means all fees generated from the Learn to Skate program. 1 1.5 Wakota Arena. "W akota Arena" means W akota Arena, 141 - 6 h Street South, South St. Paul, Minnesota, in which the Learn to Skate program will be conducted. 1.6 Learn to Skate. "Learn to Skate" means the skating program taught by Contractor or her employees or subcontractors pursuant to this Agreement. ARTICLE2 TERM

2.1 The Term of the Agreement shall be for three (3) years, commencing on the Effective Date of this Agreement and terminating three (3) years thereafter. 2.2 The Agreement may be renewed for an additional two (2) year term under the same terms and conditions upon mutual written agreement of the parties given at least ninety (90) days prior to the termination of the initial term.

ARTICLE3 FEES

3.1 Contractor shall collect, deposit and retain an accurate accounting for all Gross Revenue generated from Registration Fees for the Learn to Skate program. 3.2 All Gross Revenue shall be divided between the City and Contractor as follows:

a. The Contractor shall retain 56% of the Gross Revenue generated from Registration Fees. b. The City shall retain 44% of the Gross Revenue generated from Registration Fees.

3.3 Within 15 days after the conclusion of each Learn to Skate session, Contractor shall prepare an accounting of all Gross Revenue it collected during the previous session and submit the accounting to the City's Finance Director, along with payment due to the City pursuant to Section 3.2.

ARTICLE4 DUTIES AND RESPONSIBILITIES

4.1 Contractor agrees to provide its own personnel and to perform the promises and services as described on Exhibit A, attached hereto and incorporated herein, as well as other services as agreed to by the parties in writing. 4.2 City agrees to provide the promises and services as described on Exhibit B, attached hereto and incorporated herein, as well as other services as agreed to by the parties in writing.

2 ARTICLE 5 INSURANCE

5.1 During the term of this Agreement, Contractor shall maintain in full force and effect the insurance coverages as required below.

a. Commercial General Liability Insurance with limits of $1,000,000 each occurrence and $2,000,000 aggregate. Such policy shall add the City as an additional insured; and b. Worker's Compensation insurance if required by law.

5.2 Contractor shall provide the City with a certificate of insurance for the policies required in this Agreement.

ARTICLE 6 INDEMNIFICATON AND IMMUNITIES

6.1 Each party shall save and protect, hold harmless, indemnity and defend each other and each other's officers and employees, against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses, including all reasonable attorney's fees, arising from, or allegedly arising from, or resulting directly or indirectly from each indemnifying parties' own professional errors and omissions and/or negligent or willful acts or omissions, in the performance of this Agreement. 6.2 Nothing in this Agreement shall be deemed a waiver by the City of any statutory liability limits or immunities set forth in Minnesota Statutes, Chapter 466.

ARTICLE 7 TERMINATION

7.1 Either party may terminate this Agreement without cause by giving at least 90 days' advanced written notice. If terminated by either party, the date of termination shall be selected to cause the least disruption to the operation of the Learn to Skate program.

a. If terminated by the City in Year 1, City shall reimburse Contractor for her start­ up expenses incurred up to the date of termination, in an amount up to ten thousand dollars ($1 0,000). Contractor shall submit sufficient documentation to support the expenses, which shall be reviewed and approved by the City's Finance Director.

3 b. If terminated by Contractor in Year 1, Contractor shall reimburse City for any expenses related to conducting a new request for proposals for the Learn to Skate program, re-advertising the program, and for reimbursing any necessary Registration Fees to any program participants. City shall submit sufficient documentation to support the expenses, which shall be reviewed and approved by Contractor.

7.2 Either party may terminate this Agreement for failing to perform a term, condition or requirement of this Agreement by giving at least 10 days' advanced written notice to the defaulting party. After receipt of such notice, the defaulting party shall have 10 days to cure the default.

ARTICLES MISCELLANEOUS PROVISIONS

8.1 Notices. Any notice required to be given pursuant to this Agreement shall be made in writing and addressed as follows:

If to the City: City Administrator City of South St. Paul 125 Third A venue North South St. Paul, MN 55075

If to Contractor: Barb Yackel

8.2 Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Agreement must be in writing and executed by both parties. 8.3 Independent Contractor Status. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 8.4 Assignment. This Agreement is not assignable without the mutual written agreement of the parties.

4 8.5 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Dakota County District Court. 8.6 Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 8.7 Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.

CITY OF SOUTH ST. PAUL BARB YACKEL

Beth A. Baumann, Mayor

Christy Wilcox, City Clerk

5 EXHIBIT A

DUTIES AND RESPONSIBILITIES OF CONTRACTOR

As it relates to this Agreement, Contractor shall:

1. Operate the Learn to Skate program at Wakota Arena to standards that are acceptable to both parties, utilizing its own personnel for the operations. Contractor will be solely responsible for hiring the personnel it deems appropriate for successful operations.

2. Be responsible for all operating expenses related to collecting the Registration Fees, including, but not limited to employee costs, credit card fees, and related expenses.

3. Provide at least the same number of Learn to Skate sessions as in previous years.

4. Be responsible for the collection of Registration Fees.

5. Assume the on-going responsibility for the following:

a. Notify the City of any issues related to the ice maintenance, participant misconduct or other issues related to W akota Arena; and b. Advertising for the program.

6. Promote and collect funds for Registration Fees.

7. Cooperate with the City on management and operational decisions related to the Learn to Skate program during the term of this Agreement.

6 EXIDBITB

DUTIES AND RESPONSIBILITIES OF CITY

As it relates to the Agreement, the City shall:

1. Assume the on-going cost for the following:

a. Property insurance; and b. Property upkeep, including ice maintenance.

2. Provide Contractor with all relevant program policies and procedures so that it may provide quality service.

3. Publish and include Contractor information in all appropriate City brochures and on the City's website.

4. Provide at least one and one-half (1 liz) hours per week of ice time for the Learn to Skate program at no cost to Contractor, subject to availability and approval of the Wakota Arena Management.

5. Pay for fifty percent (50%) of the distribution costs for printed marketing material that is distributed throughout South St. Paul and the immediate surrounding areas.

6. Pay for fifty-percent (50%) of the signage production (manufacturing costs) for signs installed at Wakota Arena and assist with sign placement.

7. Pay for fifty-percent (50%) of any web site hosting costs, as long as the web site solely relates to the Learn to Skate program contemplated in this Agreement.

8. Provide a space for class-related material storage at Wakota Arena, with a limit of twenty-five (25) square feet. The storage will be accessible when Wakota Arena is open for business.

9. Provide a posting place for class-related material at Wakota Arena. The location, size, and number of posting places will be determined by Wakota Arena Management.

10. Provide a drop box for participants to leave material for Contractor at Wakota Arena. The drop box will be accessible when Wakota Arena is open for business.

11. Maintain an administrative membership to the Ice Skating Institute.

7 JJ!i City Council Agenda Report ~ Date: October 7, 2013 ~~~ Department: Eng~~ng Administrator: 5 -r ~

Agenda Item: Change Order No.2- 2013-005, -007 Final Compensating Change Order

Action to be considered:

Motion to approve Change Order #2 for a deduction of $48,385.03 from the amended contract of $587,552.70 with Bituminous Roadways, Inc., for the 2013 Mill & Overlay and Bituminous Removal & Replacement Projects.

Overview:

The City received bids for the Mill & Overlay Projects (20 13-005) and the Bituminous Removal and Replacement Projects (20 13-007) on June 3, 2013. Bituminous Roadways, Inc. was the low bidder on the Mill & Overlay Projects and Bituminous Removal and Replacement Projects.

The attached Change Order #2 is a final compensating change order for the 2013-005, -007 Projects. The change order adds and subtracts the used portions of the bid quantities to calculate the project quantities.

Source of Funds:

The 2013 Street Program pays for by using CIP funds, and paying for utility work out of its respective funds. CHANGE .ORDER NO.~

City Project No. 2013-005, -007 Date: 10/3/2013

Name of Project: 2013 Mill & Overlay Projects Original Agmnt. Date: and Bituminous Removal & 6/21/2013 Replacement ProJects Owner: Oily of South St. Paul

Contractor: ~ltum i nous Roadways, Inc.

The following changes are hereby made to the CONTRACT DOCUMENTS:.

Original CONTRACT PRICE: $578,430.70

Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $587,552.70

The CONTRACT PRICE due to this CHANGE ORDER will be decreased by: $48,385.03

The new CONTRACT PRICE including this CHANGE ORDER will be: $539,167.67

The CONTRACT TIME will be increased/decreased by 0 calendar days; ----- The date for completion of all work will be 10/3112013

E) C~MENDATION: Dat8-~ OWNER'S ORDER: By: Date: ------

CON~::"CCEmN:E~!% By: ~/{,~ Date: Jo/~fl? . {r ...

The Justification for this CHANGE ORDER Is attached.

27 2013-005, -007 Change Order #1 Justificatio n

Change Order #1 is a final compensating change order for the 2012-005, -007 Project. The project has been completed. The compensating change order adds and subtracts the used portion of the as bid quantities to calculate the project quantities.

28 CH ANGE ORDER # 2- FINAL COM PENSATING CHANGE ORDER PROJECT NO 2013-005, -007 CONTRACTOR BJtum,nous Roadways. Inc DATE OF CONTRACT 6/21/2013

Sheet 1 o f 2 Original B id Change Orde r 2 Final Amount

ITEM# SPEC # CONTRACT ITEM UNIT UNIT P RICE QTY A MOUNT QUAN TITY A MOUNT QUANTITY AMOUNT

1 2021 501 MOBILIZATION LS S24,000.00 1 $ 24,000.00 0.00 s 100 $ 24.000.00

2 2104 501 REMOVE CURB (All TYPES) LF s 10 00 325 s 3 ,250 00 (9 40) s (94 00) 315.60 s 3,156.00

3 2104.501 REMOVE WATER MAIN LF s 26 50 100 s 2,650.00 (72 00) s (1,908 00) 2800 s 742.00

4 2104 505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY s 27 00 11 s 2 97 00 23.00 s 62100 34 00 s 916.00 REMOVE CONCRETE DRIVE OR PAVEMENT (ALL 5 2104 505 SY 54.50 13.5 $ 735.75 (4 97 1 $ (270 87) 6 53 46489 THICKNESSES) s s

6 2104 509 REMOVE MANHOLE EA $ 2,64000 1 $ 2.640 00 000 $ 100 s 2,640.00

7 2104 509 REMOVE HYDRANT EA s 790.00 2 $ 1,580.00 000 $ 2 00 $ 1,560.00

8 21 04.509 REMOVE GATE VALVE (All SIZES) EA $ 527.00 4 s 2,108 00 100 $ 52 7.00 5.00 $ 2,6 35 00

9 2104 513 SAWING BITUMINOUS PAVEMENT LF $ 260 1810 s 4,706.00 0.00 s 1 ,81000 s 4,706.00

10 2105 501 COMMON EXCAVATIO N (PO) CY $ 3900 84 s 3,276.00 6600 s 2 .574 00 15000 $ 5,850 00

11 2105501 STREET EXCAVATION (PQ) (CULLEN ST) CY s 2300 286 s 6,578 00 0.00 s 286.00 s 6,578 00

12 2105.522 SELECT GRANULAR BORROW (CV) CY s 2400 37 s 88800 (2000) $ (480.00) 17.00 $ 40 8.00

13 2 105 604 GEOTEXTILE FABRIC TYPE V (CULLEN ST.) SY s 0 .85 1030 s 875.50 (360 00) $ (30600) 670.00 s 569.50

14 2123 610 STREET SWEEPING HR s 130 00 3 s 39000 650 s 8 45 .00 9 .50 s 1,235 00

15 2211501 AGGREGATE BASE CLASS 5 (PQ) TON s 17 00 160 s 2 .720 00 0 00 s 160 00 s 2 .72000

16 2211 501 AGGREGATE BASE CLASS 5 (PQ) (CULLEN ST ) TON s 1700 340 s 5,780 00 0 00 $ 34000 s 5,780.00

17 2211 501 TEMPORARY ACCESS AGG. BASE CLASS 5 TON s 1700 260 s 4,420 00 1260 00) s (4.420 00) 000 s

18 2232.501 MILL BITUMINOUS SURFACE (1.5") SY $ 1 50 25035 $ 3 7,552 50 536 00 $ 80400 25,571 00 s 36,356 50

19 223 2.501 MILL BITUMINOUS SURFACE (4") SY s 3 20 14745 s 47,184.00 (1.000 00 1 s (3.20000) 13,745 00 $ 43,964.00

20 2 331 603 SAW SEAL JOINT LF s 2 10 7402 $ 15,544.20 (3 595 00) $ (7,549 50) 3,807 00 s 7,994.70

21 2331 60 9 BIT MIXTURE FOR PATCHING (UTILITY PATCHES) TON s 14000 22 5 s 3,15000 63 45 $ 8,883 00 85 95 $ 12 ,033 00

22 2360 501 TYPE SP 12 5 Weanng Course Mlx(ure (2.8) TON s 54.00 3 560 s 192,240.00 (336 63; $(18, 178 02) 3,223.37 $174,061 98

23 2360 502 TYPE SP 12 5 Non-Weanng Base Course Moxture (2.B) TON s 5100 2268 s 115,66800 (4 51 35) $(23.018 85) 1,816 65 s 92,649.15

24 2350 503 IRREGULAR WIDT H PAVING - DRIVEWAYS SY s 8 40 11 s 92 40 (11 00 ) $ (92 .40) 0.00 s

25 2504 6 02 INSTALL NEW HYORANT EA s 2 ,780 00 2 s 5 ,580 00 000 s 2 00 s 5 ,580.00

26 2504 602 FURNISH & INSTALL 6" GATE VALVE & BOX EA s 4,000.00 3 s 12,000.00 200 s 8 ,000 00 5.00 s 20,000.00

27 2504 6 02 ADJ UST GATE VALVE EA $ 2 50 .00 5 s 1 ,2 50 00 3 00 $ 75000 8.00 s 2,000.00

28 2504.603 6" D. I P WATERMAIN LF s 121.00 80 s 9,680 00 (62 00) s (7 ,502 00) 18 00 s 2, 178.00

29 2504 603 12" 0 I. P WATERMAIN LF s 167 .50 40 s 6,70000 (34 001 s (5,695 00) 6 00 $ 1,005.00

30 2504 608 DUCTILE IRON FITTINGS LB $ 3 .20 598 s 1,913.60 12500 s 400.00 72300 $ 2,313 60

31 2506.503 RECONSTRUCT MANHOLE LF s 395 00 555 s 21,922 50 6.05 $ 2,389 75 61 55 $ 24,312 25

32 2506 516 F & I CASTIN G ASSEMBLIES (R- 1733 w/ depressed ll~s) EA s 67700 40 s 27,080.00 0 00 s 40 00 s 27,080 00 ------·--· · ------· .. ------33 2506 522 ADJUST FRAME & RING CASTING EA s 413 5 0 1 s 413 50 (1 00) s (41350) 0 .00 $

34 2531 501 CONCRETE B6-18 CURB & GUTTER LF s 2 7 50 325 $ 8,937 50 8 15 s 22413 33315 $ 9,161.63

35 2531.507 8" CONCRETE DRIVEWAY PAVEMENT (HE) SY $ 57.50 13 5 $ 776.25 29.03 s 1,669.23 42 53 s 2 ,44548

36 2 575.505 SODDING INCLUD lN G 4" TOPSOIL SY s 11.00 352 s 3,872 00 (302 00) s (3,322 00) 5000 s 550.00

TOTAL CONSTRUCTI ON COST $ 578,430.70 $(48,763.03) $529,667.67 CHANGE ORDER #2- FINAL COMPENSATING CHANGE ORDER PROJECT NO 2013-005, -007 CONTRACTOR 81tummous Roadways, Inc DATE OF CONTRACT 6/2112013

Sheel2 of 2 Original Bid Change Order 2 Final Amount

Change Order U · Cullen St. Drain Tile Original Bid Change Order 2 Final Am ount

ITEM ~ SPEC # CONTRACT ITEM UNIT UNIT PRICE QTY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT

A-1 2105 604 GEOTEXTILE FABRIC TYPE V SY s 210 280 s 588.00 0.00 s 28000 s 588.00 A-2 2502 541 3" PERFORATED PE PIPE DRAIN LF s 1350 420 s 5,670 00 28 00 s 378.00 448.00 s 6,048 00

A-3 2502.602 3" PVC PIPE DRAIN CLEANOUT EA s 20550 4 s 822.00 0.00 s . 4.00 s 622.00

A·4 2503 602 CORE DRILL INTO INPLACE CB EA s 579.00 2 s 1,158.00 000 s . 2.00 $ 1,158 00

A·5 2503 602 3" X 3" PVC SERVICE WYE EA s 179 00 4 s 71600 0 00 s 4 00 s 71600 A· 6 DPSPEC 1 5" CLEAR ROCK (CV) (PO) CY s 4200 4 s 168.00 0 00 $ 4 00 s 168.00

Total ChanJ• Ord~r n $ 9,122.00 $ 378.00 $ 9,500.00

TOTAL CONSTRUCTION COST $ 578,430 70 $(48,763 03) $529,667.67

Total ch.anp Ordar 11 $ 9,122 00 s 378.00 s 9,500 00

G rand Total $ 587,552.70 $(48,385.03) $539,167.67 City Council Agenda Report Date: Oct7,2013 Department: City Clerk Administrator: :SPt{

Agenda Item: Rental Housing Licenses

Action to be considered:

Motion to adopt Resolution No. 2013-172, approving residential rental housing licenses.

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:

N/A City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2013-172

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 li censes be approved subject to any outstanding permits and inspections being completed:

RESIDENTIAL RENTAL HOUSING LICENSES - APRIL 1, 2013 TO MAY 31, 2014

Property Address Property Owner/Applicant #Of Units RENEWAL 128 7 1 ~1 Ave South Robert Stein 2 659 Concord St North David Schodde I 715 I 51 Ave South Dale Wobbe 2 NEW 23 17 Caroline Lane Adam Hartman 1 23 5 I 0111 Ave South IH2-Property Tllinois I 749 ! 51 Ave South Randy Petrofske I 1390 Henry Ave Martin Hoven I 227 14111 Ave South David Chermak I 403 Camber Ave Han Le 1

1 Adopted this 7 h day of Oct, 2013

City Clerk City Council Agenda Report Date: October 7, 2013 Department: City Clerk Administrator: ~~

Agenda Item: Application for a Circus/Carnival License

Action to be considered:

Motion to approve a Circus/Carnival License by Garcia Bros. Circus for October 11 through October 13, 2013, from 6:00p.m. to 10:30 p.m. to be held in the northeast parking lot of Mattie's Lanes subject to approval of the certificate of insurance by the City Attorney.

Overview:

The City has received a request by Garcia Bros. Circus for a circus/carnival license to be held from October 11 through October 13 from 6:00p.m. to 10:30 p.m. The event will be located on the north east parking lot by Mattie's Lanes.

Originally, the applicant wanted to hold the circus for 10 days but after discussing this with the City Planner and City Attorney, this would require an Interim Use Permit. The applicant has revised his application for a 3 day event which would not require an Interim Use Permit.

The applicant has submitted the required fees and certificate of insurance.

Source of Funds: n/a City Clerk's Office City of South St. Paul 125 3rd Avenue North South St. Paul, MN 55075 jp';ti Business License Application (651}554-3205 - Fax: (651)554-3201

License Year:

Please make check payable to: The City of South St. Paul

Total Amount Submitted: f1: /66 .. ()()

Business Name: Business Phone: -:i;J'-t:) ~ ~ ~

Please Check: __ Corporation _ _ Partnership _pndividual _ _ Other

Minnesota Business Tax ID#: Federal Business Tax ID# so

Business Manager if different from Applicant: :5B)'Hc Manager's Name: Home Address:

Phone: Date ofBirth:

Driver's License Number: State oflssuance:

Page I of2 August, 2013 COMPLETE ONLY IF APPLYING FOR MECHANICAL AMUSEMENT/MUSIC ~ DEVICE OR VENDING MACHINE LICENSE

Name & Address ofBusiness where devices/machines will be Number of devices/machines: located at:

COMPLETE ONLY IF APPLYING FOR A ~ 3.2 TEMPORARY BEER LICENSE

Date(s) of Activity: Location

Name or Type of Activity/Event: Time of Activity/Event

COMPLETE ONLY IF APPLYING FOR A SPECIAL EVENT LICENSE

Date(s) of Activity: \~ Location - , .,

Is your event going to require the closure of a public roadway? _ _ yes

If yes, please obtain a road closure pennit from the Engineering Department. SPECIAL EVENT LICENSE (To be completed prior to submittal of application)

Security Plan Approved by Police Department: _ _ yes No

Police Department Date

I certify that the information contained in this application is true to the best of my knowledge. I hereby agree to notify the City of any changes in ownership. I further authorize the City or its Vendor and other City Officials to investigate all facts set out in this application . I understand that the purpose ofpennitting the City to have access to this information is to determine my suitability for issuance of a Business License in the City of South St. Paul. I further understand that I am not legally required to supply the requested data, but that by refusing to comply, my license application may be denied. Your residence address and telephone number will be considered public data unless you request this information to be private and provide an alternative address and telephone number.

Date of Application: lo#{di

For office use only: Receipt#:------Account#:------Page 2 of2 365 N. Concord Exchange South Saint Paul, MN 55075 651-455-3220

10/3/2013

1, __...:.__\Lt-r_U_\.::.. __ b_...:::.__>J...;J.-WD ___O--:S)::::=r----' authorize Jamie Garcia to use our parking lot from October 11th-2oth, 2013. Dakota County, MN r-~----~~------,.

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 verification. 1 inch= 83 feet Dakota County assumes no legal responsibility for the information contained in this data. 10/4/2013 Inside Our Big Top Inside Our Big Top tent is even more beautiful and exciting than outside. Come inside to view the magnificant acts being performed there.

Copyright© 2005-2010 Garcia Bros Circus Site maintained by PRO Advantage Web Design

10/4/2013 Our Big Top Our Big Top is one of the most beautiful tents made today. Our performers will amaze audiences while they present their high quality acts on a four foot hydraulically elevated stage. This unique stage f ring was designed, created, and built by the Garcia family. Garcia Bros. Circus seats people on safe bleachers and comfortable chairs. It is a self-contained circus with its traditional family atmosphere.

Required space for Garcia Bros Circus to p r esent its show in your event is 145ft x 108 ft.

The Garcia family owns and operates one of the finest circus shows in North America. (Fully Insured)

Copyright © 2005-2010 Garcia Bros Circus Site maintained by PRO Advantage Web Design

10/4/2013 City Council Worksession Agenda Report R Date: October 7, 2013 Department: City Clerk 1!1--· Administrator: 5?1<:,

Agenda Item: Ordinance Regarding Consumption and Display Permits

Action to be considered:

Introduce for a first reading An Ordinance Re-instating Ordinance No. 1255-Amending Chapter 6 of the City Code relating to Intoxicating Liquor- Consumption and Display Permits

Overview:

Back in March of20 12, the City Council adopted Ordinance No. 1255, relating to intoxicating liquor, consumption and display permits. This ordinance did include a sunset date ofMarch 31, 2013 . At the time of adoption, it was felt that having a sunset date gave the City a period of time to see if this type of permit would work.

Below is a brie[overview o[whatwas presented at the time affinal adoption ofOrdinance No. 1255:

Minn. Stat. § 340A.414, subd. 1, states that "no business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages or knowingly serve any liquor for the purpose of mixing with intoxicating liquor without first having obtained a permit from the commissioner of public safety." A consumption and display permit may be issued only to certain applicants and establishments, including a restaurant, hotel, an establishment licensed for the sale of 3.2 percent malt liquor. The Consumption and Display permit itself is issued by the commissioner ofpublic safety, although it must be approved by the City Council in order for the permit to be effective. The City may impose a fee of not more than $300 for the approval of the annual permit and $25.00 for a one-day permit.

Minn. R. Part 7515.1220 regulates consumption and display permits, imposing the following conditions:

• In any public place granted a permit, no bottle of intoxicating liquor shall be given to the bar attendant or any employee for serving to the owner of the bottle. All bottles in a business establishment must be kept in plain sight by the owner and shall be in the owner's possession and under the owner's control at all times. (the owner of the bottle, not the owner of the restaurant) • No intoxicating liquor may be stored on the premises of any business establishment holding a permit under this section. The purchase of intoxicating liquor by a licensee, manager, or employee of a bottle club or business establishment acting as agent for the member or patron is prohibited. • No minors shall be permitted to loiter or remain on any premises licensed under Minnesota Statutes, Section 340.14, subdivision 3m, unless accompanied by a parent or guardian.

The ordinance amends Section 6-104 -Bottle Clubs and replaces it with Consumption and Display Permits allowing for an annual permit or a one-day permit.

The annual permit would require a public hearing on the application. The annual permit and one-day permit does authorize the City Council to impose reasonable conditions on the applicant in order to protect the health, safety and general welfare ofthe public. The proposed ordinance does include the sunset date of March 31 , 2013.

Since the adoption of the ordinance, only one consumption and display permit was issued and that being to Black Sheep Coffee. However, the license expired on March 31 , 2012, and has not been renewed.

Staff is recommending that the City Council re-enact Ordinance No. 1255.

Source of Funds: n/a City of South St. Paul Dakota County, Minnesota

Ordinance No. 2013-

AN ORDINANCE RE-INSTATING ORDINANCE NO. 1255 -AMENDING CHAPTER 6 OF THE CITY CODE RELATING TO INTOXICATING LIQUOR- CONSUMPTION AND DISPLAY PERMITS

The City Council of the City of South St. Paul does ordain:

Section 1. That Ordinance No. 1255 amending Chapter 6, Article 111, Division 3, Sections 6-104 - 6-115 is hereby reinstated.

Section 2. EFFECTIVE DATE. This ordinance shall be m force upon its adoption and publication.

Approved: Published:

City Clerk City of South St. Paul Dakota County, Minnesota

ORDINANCE NO. 2012-1255

AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE RELATED TO INTOXICATING LIQUOR- CONSUMPTION AND DISPLAY PERMITS

The City Councilcity council of the City of South St. Paul does ordain:

SECTION 1. AMENDMENT. South St. Paul City Code Chapter 6 Article III Division 3 Sections 6-104 - 6-107 are hereby amended as follows:

DIVISION 3. BOTTLE CLUB8CONSUMPTION AND DISPLAY PERMITS

Sec. 6-104.-:: Permit required fee; issuanee. i\ private club, or unincorporated society, desiring to allow the consumption or display of intoxicating liquor must on or befOre July 1 of each year pay to the city the fee established by the city council and shall, subject to the prior approval of the council, be issued a written receipt therefor. The council will not approve more than three such receipts and vlill consider the length of time the applicant for a receipt has been within the city in determining v.rhether or not to approve such receipt. If a portion of the year has elapsed when payment is made, a pro rata fee may be paid; but no such pro rata fee will be accepted from any private club or unincorporated society that has violated this section. In computing the fee, an unexpired fraction of a month is counted as one month.No business establishment or club may allow the consumption and display of alcoholic beverages without first having obtained a consumption and display permit from the Commissioner of the Department of Public Safety and from the city. A consumption and display permit may be approved by the city council for an organization that complies with the requirements of Minnesota Statutes, Section 340A.414, subd. 2, and that complies with all the provisions of this section. The city's permit is not effective until a consumption and display permit is approved by the Commissioner of the Department of Public Safety.

Sec. 6-105. - Posting of permit.

The written receiptcity's permit must be posted continuously in some conspicuous place upon the premises alongside the permit issued by the commissionerCommissioner of the Department of Public Safety.

Sec. 6-106.- Exceptions. This division section does not apply to any premises licensed fur theholding an on-sale ef intoxicating liquor license under division 2 of this artie±echapter.

Sec. 6-107.- Definitions. Fees.

The terms "commissioner," "private club" and "unincorporated society" have the meanings 1 given them by Minn. Stat. § 340A.l01. In addition to the annual fee imposed by the Commissioner of the Department of Public Safety, the city shall impose a fee established by chapter 26. The applicant must also pay the investigation fee required by city code section 6-72 for a background investigation. All city fees must be paid before the permit application will be accepted.

SECTION 2. ENACTMENT. South St. Paul City Code Chapter 6 Article III Division 3 Sections 6-108 - 6-115 are hereby enacted as follows:

Sec. 6-108. - Application.

The applicant must submit to the City Clerk, the application form for consumption and display permits provided by the Commissioner of the Department Public Safety, any additional forms required by the City Clerk, and the appropriate fees. Sec. 6-109.- Public Hearing.

The Council shall hold a public hearing on the application, as provided in section 6-75. At the public hearing, the council may impose reasonable conditions on the applicant in order to protect the health, safety and general welfare of the public.

Sec. 6-110.- Term.

Permits issued by the city expire on March 31 of each year, coinciding with the permit issued by the Commissioner ofthe Department of Public Safety. Sec. 6-111. - One license per applicant.

Not more than one license shall be directly or indirectly issued within the city to any one person.

Sec. 6-112- Transfer. A permit shall be issued to the applicant only and only for the compact and contiguous premises described in the application. A permit may not be transferred to another person or to another place. Sec. 6-113 - Hours.

The consumption and display of intoxicating liquor is allowed only within the hours and days fixed by Minnesota Statutes, §340A.504 subd. 5.

Sec. 6-114- Conditions and restrictions.

The applicant must comply with city code section 6-76 (e) regarding delinquent taxes, section 6- 76 (i) regarding conduct of licensed business, section 6-77 regarding notification of changes in corporation, partnership or association, and section 6-78 regarding the right of inspection.

Sec. 6-115- One-Day Consumption and Display Permits.

(a) Intent and Purpose. It is the intent and purpose of this section to effectuate the authorization to issue one-day consumption and display permits given to municipalities

2 by Minnesota Statutes, Section 340A.414, subd. 9.

(b) Issuance to non-profits. One-day consumption and display permits may only be issued to a non-profit organization in conjunction with a social activity in the city sponsored by the organization. The permit must be approved by the council.

(c) Public Hearing. No public hearing shall be required.

(d) Limit on number of permits. The city shall not approve more than ten one-day consumption and display permits in any one year.

(e) Fees. The City shall impose a fee established by chapter 26. The city fee must be paid before the permit application will be accepted.

(f) Reasonable conditions. The council may impose reasonable conditions on the applicant to protect the health, safety and general welfare of the public.

Sees. 6-116-6-127.- Reserved.

SECTION 3. AMENDMENT. South St. Paul City Code Chapter 26 to provide for the following fees :

Consumption and display permit (annual) $300

Consumption and display permit (one-day) $25

SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.19 1, 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 changes the terminology of "bottle club" permits to "consumption and display" permits. Consumption and display permits, which can only be issued to restaurants, hotels, resorts, clubs and bed & breakfasts, allow their guests to bring their own intoxicating liquor and consume it on site. It does not allow the establishment to sell or serve the liquor. In all other respects, it is similar to an intoxicating liquor license. The ordinance also allows for the city to issue a one-day consumption and display permit to a non-profit organization, in conjunction with a social event it is hosting. The ordinance sets the fees for annual consumption and display permits at $300 and one-day permits at $25. This ordinance will be in effect for one year, through March 31 , 2013, so that the City can determine its success.

SECTION 5. EFFECTIVE DATE. This ordinance shall be in force upon its adoption and publication.

SECTION 6. SUNSET DATE. This ordinance shall sunset on March 31, 2013.

3 Approved: March 19, 2012

Published: March 25, 2012

City Clerk

4 City Council Agenda Report Date: October 7, 2013 i!y[l Department: City Clerk -=· Administrator: $}-.)· /.~~

Agenda Item: Ordinance Relating to Tobacco

Action to be considered:

To introduce for its first reading An Ordinance Amending Chapter 18, Article XXI ofthe 2007 South St. Paul City Code Regarding Tobacco

Overview:

On August 1, 2010, the Tobacco Modernization and Compliance Act of20 10 became effective. The law expanded the definition of what is regulated as tobacco in the State of Minnesota. This act updated existing state laws to reflect the new generation of tobacco products. On August 18, 2010, the City Council adopted Ordinance 1238 implementing this act. At that time, not all parts ofthe Act were adopted and staff has been encouraged by the Association of Non-Smokers Minnesota to consider adopting language that deals with:

• Prohibits the sampling of tobacco • New definition of nicotine delivery device includes e- • Prohibits sales to minors of nicotine delivery devices

Staff is also recommending an amendment that requires storage of all tobacco and tobacco related products shall be stored behind the counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. The definition of "" and "indoor area" have also been amended to reflect recent changes to the Compliance Act of2010.

Staff is recommending that the proposed ordinance be introduced for its first reading.

Source of Funds: n/a CITY OF SOUTH ST. PAUL DAKOTA COUNTY, MINNESOTA

ORDINANCE NO. 2013-___

AN ORDINANCE AMENDING CHAPTER 18, ARTICLE XXI OF THE 2007 SOUTH ST. PAUL CITY CODE REGARDING TOBACCO Sec. 18-671. - Definitions and interpretations. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Compliance checks. The system the city police department uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco-related devices are following and complying with the requirements of this article. Compliance checks shall involve the use of minors as authorized by this article. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products or tobacco-related devices for educational, research and training purposes as authorized by state and federal laws.

Individually packaged. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single packs, single bags or cans of loose tobacco in any form, and single cans or other packing of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack, or other container as described in this definition, shall not be considered individually packaged.

Indoor Area. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes a retractable divider, garage door, or other physical barrier, whether temporary or permanent.

Loosies. The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars with a retail price, before any sales tax, of more than $2.00 per cigar.

Minor. Any person under 18 years of age.

Moveable place of business. Any form of business operated out of a truck, van, automobile, or other type of vehicle, or transportable shelter, and not a fixed address storefront or other permanent type of structure authorized for sales transactions. Nicotine Delivery Devices. Any product containing or delivering nicotine intended for human consumption, or any part of such product, that is not tobacco as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the FDA for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose.

Retail establishment. Any place of business where tobacco, tobacco products or tobacco­ related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, drug stores, bars, convenience stores and restaurants.

Sale. Any transfer of goods for money, trade, barter, or other consideration.

Self-service merchandising. Open displays of tobacco, tobacco products or tobacco­ related devices in any manner where any person shall have access to the tobacco, tobacco products or tobacco-related devices without the assistance or intervention of the licensee or the licensee's employee. Such assistance or intervention shall involve the actual physical exchange of the tobacco, tobacco product or tobacco-related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines.

Tobacco or tobacco products. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including, but not limited to, cigarettes; cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco. Tobacco or tobacco products excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.

Tobacco-related device. Any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or other consumption, whether by inhalation, ingestion, or any other method of consumption, of tobacco or tobacco products.

Vending machine. Any mechanical, electric or electronic self-service device that upon the insertion of money, tokens or other form of payment dispenses tobacco products, and includes vending machines equipped with manual, electric or electronic locking devices.

Sec. 18-672.- Purpose. Because the city recognizes that many persons under the age of 18 years may purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco-related devices, and such sales, possession and use are violations of both state and federal laws, and because smoking has been shown to be the cause of several severe health problems which subsequently place a financial burden on all levels of government, this article is intended to regulate the sale, possession and use of tobacco, tobacco products and tobacco-related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products and tobacco-related devices, and to further the official public policy of the state to prevent young people from starting to smoke as stated in Minn. Stat. § 144.391.

Sec. 18-673. - Prohibited sales. ill.)_It shall be a violation of this article for any person to sell, offer to sell, give away, furnish, or otherwise deliver any tobacco, tobacco product, or tobacco-related device to any person under the age of 18 years. w .(Ql_It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products or tobacco-related devices: Eb1 (1) By the means of a vending machine unless minors are at all times prohibited from entering the licensed establishment; (2) By means of self-service merchandising whereby the customer does not need to make a verbal or written request to an employee of the licensee in order to receive the tobacco, tobacco product or tobacco-related device and where there is not a physical exchange of the tobacco, tobacco product or tobacco­ related device between the licensee or the licensee's employee and the customer. All tobacco, tobacco-related products and tobacco-related devices shall be stored behind the counter; (3) By means ofloosies as defined in section 18-671 (4) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; or (5) By any other means, to any other person, in any other manner or form prohibited by federal, state, or local law, ordinance, or other regulation.

This section 18-673 (b) (1) - (2) shall not apply to retail stores which derive at least 90 percent of their gross revenue from the sale oftobacco and tobacco-related products and which cannot be entered at any time by persons younger than 18 years of age. Sec. 18-674. - Self-service sales. It shall be unlawful for a licensee to allow the sale of tobacco, tobacco products or tobacco-related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product or the tobacco-related device between the licensee or the licensee's clerk and the customer. All tobacco, tobacco products and tobacco-related devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public.

Sec. 18-675. -Responsibility. All licensees shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco-related devices on the licensed premises, and the sale of any such item by an employee shall be considered a sale by the license holder for the purposes of this article.

Sec. 18-676. - Compliance checks and inspections. All licensed premises shall be open to inspection by the city police department or other delegated law enforcement officers or agencies during regular business hours. From time to time, but at least once per year, a law enforcement officer shall conduct compliance checks to ensure compliance with the provisions of this article. Compliance checks shall utilize, with the written consent of their parents or guardians, minors over the age of 15 years, but less than 18 years, to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, or the unlawful possession of tobacco, tobacco products or tobacco-related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or employee thereof and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit other compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law.

Sec. 18-677.- Illegal acts. Unless otherwise provided, the following acts shall be a violation of this article:

(1) Illegal sales. It shall be unlawful for any person to sell or otherwise provide any tobacco, tobacco product or tobacco-related device to any minor. Qllllegal possession. It shall be unlawful for any minor to possess any tobacco, tobacco product or tobacco-related device. This section shall not apply to minors lawfully involved in a compliance check. ~(3) Illegal use. It shall be unlawful for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device or nicotine delivery device. ~(4) Illegal u-sepurchase. It shall be a violation of this articleunlawful for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco-related device, and it shall be unlawful for any person to purchase, or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco-related device. f41(5) Use of false identification. It shall be unlawful for any minor to attempt to disguise the minor's true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person. Sec. 18-678. - Civil enforcement. The licensee shall be responsible for the conduct of its agents or employees while they are on the licensed premises. Any violation of this article shall be considered an act of the licensee for the purpose of imposing a civil penalty, license suspension, or revocation. Each violation, and every day in which a violation continues, shall constitute a separate offense.

Sec. 18-679.- Administrative penalties. (a) If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this article, the licensee shall be charged an administrative penalty of $75 .00. An administrative penalty of $200.00 and up to a three­ day suspension must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250.00 shall be imposed, and the licensee's authority to sell tobacco at that location must be suspended for ten days. Any subsequent violation can result in license revocation. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the city council. A decision that a violation has occurred must be in writing. If the city council determines that a violation ofthis article did occur, that decision, along with the city council's reasons for finding a violation and the administrative penalty to be imposed under this section, shall be recorded in writing, a copy of which shall be provided to the violator. Likewise, if the city council finds that no violation occurred or finds grounds for not imposing any administrative penalty, such findings shall be recorded and a copy provided to the alleged violator. (b) (b )Individuals found to be in violation of this article shall be charged an administrative fee in the amount established by chapter 26. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the city council. A decision that a violation has occurred must be in writing. Sec. 18-680. - Exceptions and defenses. (a) Religious, spiritual or cultural ceremony. Nothing in this article shall prevent the providing of tobacco, tobacco products or tobacco-related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. (b) Reliance on proof of age. It shall be an affirmative defense for a person to have reasonably relied on proof of age as described by Minn. Stat. § 340A.503, subd. 6. Sees. 18-681-18-703. -Reserved.

Sec. 18-704. - Required; application; nontransferability; renewals; other requirements. (a) Required. No person shall sell or offer to sell any tobacco, tobacco products or tobacco-related devices without first obtaining a license from the city. (b) Application. An application for license to sell tobacco, tobacco products or tobacco-related devices shall be made on a form provided by the city clerk. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, the name of the proposed license holder, the location of the proposed business, and a copy of the educational materials the applicant intends to use to educate employees, and any additional information the city clerk deems necessary. The completed application and fee shall be submitted to the city clerk for approval. If the city clerk determines that an application is incomplete, it shall be returned to the applicant with notice of the deficiencies. (c) Reserved. (d) Transfers. All licenses issued pursuant to this division shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location shall be valid without the prior written approval of the city clerk. (e) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this division. (f) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (g) Renewals. The renewal of the license issued under this article shall be processed in the same manner as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days, before the expiration of the current license. The issuance of a license under this article shall be considered a privilege and not a right of the applicant, and shall not entitle the holder to automatic renewal of the license. (hl_lnstructional program. No person shall be issued a license or renewal license to sell tobacco-related products unless an applicant or license holder has a program for instructing all employees regarding the legal requirements pertaining to the sale of tobacco products at the business premises for which the license was issued. The instructional program shall include, but not be limited to, reviewing the law on the sale of tobacco products and requiring employees to request identification from every customer who is under 27 years of age. The training shall include information that the sale of tobacco products to minors is illegal, explanation of what proof of age is legally acceptable, and that a sale to a minor can subject the applicant or license holder and their employees to criminal and/or civil liability. (i) Sampling. Sampling of tobacco, tobacco products, tobacco-related devices or nicotine delivery devices shall not be permitted within the indoor area of any establishment with a retail tobacco license. Ehf(j) Storage. All tobacco, tobacco products, tobacco-related devices or nicotine delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public.

Sec. 18-705. - Fees. The license fee is set by chapter 26 of this Code.

Sec. 18-706. -Basis for denial of license. The following shall be grounds for denying the issuance of or renewal of a license. The following list is not exclusive of the grounds for denial:

( 1) The applicant is under the age of 18 years of age. (2) The applicant or license holder has had a license to sell tobacco, tobacco products or tobacco-related devices revoked anywhere within the preceding 12 months of the date of application, or is subject to penalties under section 18-679 (3) The applicant or license holder fails to provide any information required on the application, or provides false or misleading information. ( 4) The applicant or license holder is prohibited by federal, state, or other local law, ordinance or regulation from holding such a license. (5) The applicant or license holder has outstanding fines, penalties, or property taxes owed to the county or to the city. Sees. 18-707-18-725. - Reserved. SECTION 2. 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 purpose of the ordinance amendment is to update the ordinance with new trends and devices within the . In addition, the ordinance prohibits the indoor use of tobacco for sampling or other purposes.

SECTION 3. EFFECTIVE DATE. This ordinance shall be in force upon its adoption and publication.

Approved:

Published:

City Clerk City Council Agenda Report Date: October 7, 2013 Department: City Clerk Administrator: ~e~

Agenda Item: Ordinance amending Peddler/Solicitor License

Action to be considered:

Motion to adopt Ordinance No. 1275, An ordinance regulating the conduct o(peddlers, solicitors. and transient merchants and authorize its publication.

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 ofgoing 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.

Also included in the proposed ordinance is a requirement:

Contract. If a solicitor reaches an agreement for obtaining orders for goods, wares, products, merchandise, other personal property, or services ofwhich 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, a written contract containing the terms of the order or service must be provided at the time of the agreement.

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 of time, usually no more than a few weeks. The proposed ordinance would only allow for a period ofnot more than fourteen days - DOES NOT include the seller or exhibitor in a fireanns 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 ofthe 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 ofperishable food and dairy products to the customers on his or her established delivery route.

(f) Any person making deliveries ofnewspapers, 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.

(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.

The ordinance was introduced for its first reading on August 19, 2013.

Source of Funds: n/a City of South St. Paul Dakota County, Minnesota

ORDINANCE NO. 2013-1275

AN ORDINANCE REGULATING THE CONDUCT OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS

The City Council of the 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 definitions 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.

1 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.

(1 0) 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 of the three (3) most recent locations where the applicant has conducted business.

(14) Proof of any required county license.

(15) Written permission ofthe 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 of the 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) Contract. If a solicitor reaches an agreement for obtaining 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, a written contract containing the terms of the order or service must be provided at the time of the agreement.

(g) 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.

7 (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.

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 horn 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 of traffic, 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

8 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.

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:

9 Adopted this ___ day of _____ , 2013 .

City Clerk

10 JJI'I City Council Agenda Report ~ Date: October 7, 2013 r;:w;;,t Department: Engi~ring • Administrator: ~ f'J(

Agenda Item: Dakota County 5-year CIP

Action to be considered:

Motion to approve Resolution No. 2013-173 RESOLUTION REQUESTING CERTAIN PROJECTS FOR INCLUSION IN THE DAKOTA COUNTY CAPITAL IMPROVEMENT PROGRAM.

Overview:

Each year, the City of South St. Paul submits requests to Dakota County for inclusion in their 5- year Capital Improvement Program (CIP). The City staff prepared the attached letter back in June which outlines two projects for inclusion in the next County CIP. These projects were mentioned in previous comment letters to the County on their CIP.

Dakota County has a policy whereby the requesting City is asked to pass a City Council resolution which acknowledges these requests and acknowledges participation in any cost sharing which may be involved. A resolution is brought to the City Council after the County staff has prepared their responses from the member cities but before the County Board takes official action on the CIP. The County Board has scheduled their review of the CIP for November 29, 2013. Before any project is advanced a separate and distinct cost sharing agreement will be negotiated and executed.

A list of County CIP items that affect South St. Paul are as follows:

2014-2017 CIP PROJECT SCHEDULE REMARKS CSAH 14 2014 - Study/Design Study of project issues which 1 Southview Blvd. from 3rd Ave. to 20 h Ave. ($470,000) addresses sidewalk, ADA, ROW/Sidewalk/Roadway improvements 2015- ROW signalization, parking, and road Acquisition condition concerns. ($800,000) 2016 Construction City & County can determine ($4,000,000) direction of project after study is done.

City share can be from State- Aid Funds CR8 2015 - Design & This is a missing link in a Wentworth Ave. Sidewalk from TH 52 easement issues logical sidewalk/trail system. 1 Roundabouts to 15 h Ave. No. 20 16 - Construction (est. $250,000) City would be the lead agency on this project. Agenda Report- Dakota County 5-year CIP October 7, 20 13 Page 2 of2

Mississippi River Trail 20 14 - Design No City dollars anticipated. Kaposia Landing to St. Paul border 2015 - Construction This completes a vital off-road (est. $2,600,000) link into St. Paul. However, I believe this has been pushed out a year or so due to a change in federal funding.

Source of Funds:

N/A City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2013-173

RESOLUTION REQUESTING CERTAIN PROJECTS FOR INCLUSION IN THE DAKOTA COUNTY CAPITAL IMPROVEMENT PROGRAM

WHEREAS, Dakota County has asked the City of South St. Paul to request projects for inclusion in the Dakota County 2014-2018 Transportation Capital Improvement Program; and

WHEREAS, the following transportation projects are important to the City of South St. Paul: 2014-2016: CSAH 14 - 3rd Ave. So. to 19th Ave. So. - Roadway & Sidewalk Improvements 2015: CR8 - TH52 to 151h Ave. No. - Sidewalk 2015: Mississippi River Trail - Kaposia Landing to St. Paul - trail and;

WHEREAS, the City of South St. Paul acknowledges that cost sharing may be a part of some of these projects, and that cost sharing agreements will have to be approved prior to project commencement;

NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of South St. Paul hereby requests the following project be included in the Dakota County 2014- 2018 Transportation Capital Improvement Program for construction in the year indicated.

2014-2016: CSAH 14 - 3rd Ave. So. to 19th Ave. So. - Roadway & Sidewalk Improvements 2015: CR8- TH52 to 15 111 Ave. No. - Sidewalk 2015: Mississippi River Trail - Kaposia Landing to St. Paul - trail

Adopted this i 11 day of October, 2013.

City Clerk City ofSoutfi St. Cfau{ Engineering Department

June 21,2013

Brian Sorenson Dakota County Highway Department 14955 Galaxie Avenue Apple Valley, MN 55124

RE: Dakota County's 2014-2018 CIP Review/Requests

Dear Mr. Sorenson:

In reviewing the draft Dakota County CIP for 2014-2018, the City has the following requests for inclusion in the document:

1. Roadway & sidewalk improvements on CSAH14 (Southview Blvd.) from 14th Avenue South to 3rd Ave. So. The City of South St. Paul has several concerns along CSAH14 in this area. a. The signals located at 1i11 Ave. So. & i 11 Ave. So. are showing signs of age and are at least 25 years old. An upgrade and analysis of these signals is warranted. b. There are several impediments to pedestrian movements on CSAH 14 along this segment. These include: 1. Spacing between signal boxes, signs, curbs, planter boxes, trees, grates (some missing), signal posts, light posts, and building all pose less than desired clearances. 11. Several brick inlays are deteriorating. liJ. Several trees are heaving sidewalks in many areas. tv. Settlements of sidewalks and curbs in many areas. v. A recent capstone project by U of M students identified parking issues, crossing issues, sight line issues and turning movement issues. A final report on their findings was not made available to the City. However, implementation of some improvements regarding their observations should be analyzed. VI. There are 22 missing trees, where grates are present. vn. Many street light poles are deteriorating (25 years old). v111. A project in thi s area would provide an opportunity to upgrade the pedestrian ramps to current Mn/DOT standards. c. Once any ofthe above issues have been addressed CSAH 14 from 3rd Avenue South to TH 52 should be considered for a mill and overlay.

The City would recommend that this work be studied in 2013, designed and finali zed in 2014-2015, and implemented in 2016. Although a cost estimate for this project is not possible to provide at this time due to the unknown extent of the improvements that might be needed, the City realizes that this project will likely be a cooperative effort between the City and County.

125 Third Avenue North • South St. Paul, MN 55075 (651) 554-3210 Fax (65 1) 554-32 11 Brian Sorenson Dakota County Highway Department June21,2013 Page 2

Additionally, the City is reviewing the possibility of certain County road segments for inclusion in the trail set aside program. This may include a sidewalk along Wentworth Ave (CR 8) from TH 52 to 15th Avenue, sidewalk repairs and pedestrian ramps along 151h Avenue (CR 8) from Wentworth Avenue to Southview Blvd (CSAH 14) and any other County roads where sidewalks are present. The City will also evaluate all County roads in South St. Paul for their potential for inclusion in the County's annual mill and overlay program. The City realizes that these are not part ofthe CIP process specifically, but just wanted to make the County aware that the City will be looking at these items in the near future.

Please consider these requests for inclusion in the 2014-2018 Dakota County CIP. The City of South St. Paul appreciates the opportunity to provide comments regarding the County's CIP and the City wants to continue to work closely with the County to successfully implement construction ofthe identified projects. If you have any questions, please contact me at 651-554-3210.

Sincerely,

John Sachi City Engineer c: Steve King, City Administrator 2014 - 2018 Transportation Capital Improvement Program- Draft 2014 Construction DRAFT 9/S/2013 HO CITY COUNTY GRAVELTAX COUNTY

PROJNO ~OAD SEGMENTITO/fROM) PROJECT DESCRIPTION PROJLOCATION ANNUALCOST SHARE FEDERAL STATE STATEAID FOR CONST OTHER COST 2014 County Funds: Highway Surface · Gravel 350,000 350,000 H•ghway Surface- Gravfl'l Spotl ocahons 50,000 50,000 - \. ', i. II 20c14J. Tralfic Control Devices Durable Pavement Markings 300,000 300,000 B1keTr a1l 700,000 700,000 Transit tnrrastructure 60,000 60,000 Storm Sewer System Repom 500,000 200,000 300,000 JurisdictionalC lassirication 500,000 500,000 Safety and Management Projects 1,000,000 117,000 883,000 ROW Preservation & Management 1,000,000 450,000 550,000 G-07 CR 6 At Robert St (TH 952A) S1gnal (MnDOT lead) WestSt Paul 62.500 62,500 32-77 CSAH 32 At Allison Way; At Allison Path Construction (turn lanes) Inver Grove Heights 150,000 67,500 82,500 42 -xx CSAH 42 Bus1nessParkway & Biscayne Ave Construction Rosemount 660,420 297,190 363,230 43-32 CR 43 1\t TH 110 Signal (MnDOT lead) Mendota Heights 125,000 125,000 66-xx C5AH66 At TH 52 - Interchange Study Design Study Vermillion Township 250,000 250,000 8D-12 CSAH80 CSAH23 to TH 3 Ocs,gn Eureka/Castle Rock Twp 100,000 100,000 86 -33 CSAH 86 AI TH 52 Interchange & CSAH 86to cast Design Randolph Twp 850,000 850,000 Future Studies/Professional Serv•ces 500,000 225,000 275,000

Townsh1p Road Distribution 20,900 20,900 Attorney Reimbursement (2013-2017 CIP) 218,004 218,004 lnter·Oepartment Transfer- Regional Rail Cedar Grove Access Improvements 1,500,000 1,500,000 2014 County Fund s Subtotal 8,896,824 1,356,690 7,540,134

CITY COUNTY GRAVEl TAX COUNTY PROJNO ROAO SEGMENT(l O/FROM) PROJECTD ESCRIPlKlN PROJ lOCATION ANNUAl COST SHARE HD£RAL STAT£ STAll AID FORCOtlST Otlf ER COST 2014 County State Aid Highway (CSAH): 8-20 CSAH8 At CSAH 73 - Roundabout Design West St Paul 100,000 45,000 55,000 9-46 C5AH 9 CH 2 & 46 (Scott Co) to CSAH 70 Construction Scott Co/fureka/L'ville 7,150,000 63,800 5,610,000 1,34 5,300 130,900 14-28 CSAH 14 14th Ave to 3rd Ave Design Sout h St Paul 320,000 144,000 176,000 26-49 CSAH 26 At TH 55 inter.section/s1gnal Construction Eagan 625,000 625,000 32-68 C5AH 32 At Nicollet Ave Construction (LI Turn Lane) Burowille 364,000 16,380 327,600 20,020 38-44 CSAH38 TH 77 to Johnny Cake Ridge Rd Concrete Rehabilitation Apple Valley 500,000 500,000 42-123 CSAH42 Nicollet Ave to Elm Dr (N s1de) ROW Acqursition B'ville/AV 1,162,000 104,580 929,600 127,820 42-124 CSAH 42 At Pennock Ave Signal - Complete Rebuild Apple Valley 250,000 125,000 125,000 42-125 CSI\H 42 At Hayes Ave S1gnal - Complete Rebuild Apple Valley 250,000 83,300 166.700 50-17 CSAH50 Roundabout at CSAH 60 ROW/Construction lakeville 7,400,000 2,595,600 1,632,000 3,172,400 62-xx CSAH6 2 CSAH66 to cast of Shady Ave ADA, Walk, C&G, Drainage C1ty of Vermillion 300,000 300,000 63-xx CSAH63 At TH 55 Intersection Area Design/Study Inver Grove Heights 400,000 180,000 ~~o.ooo 7D-20 C5AH70 W. Co. Line to Laredo Path Bike/Ped Trail - Design/ROW lakeville 120,000 54,000 66,000 73-18 CR 73 Rsmt/IGH line to CSAH 32 ROW Acqu1sitton Inver Grove He1ghts 440,800 198,400 ~42.400

86-29 CSAH86 East of CSAH47 to TH 5~ Design CR,Ran,Sctota,Hampton 408,000 408,000

97-13~ TwpRd Ravenna Trail just s. or CSAH 68 New Bndce TBD Ravenna Twp 200,000 190,000 10,000 2014 CSAH Subtotal 19,989,800 3,610,060 8,499,200 190,000 7,549,640 140,900

CITY COUNTY GRAVEl TAX COUNTY PROJNO ROAD SEGMU.IT (TO/fROM) PROJEa DE.SCRIPliON PROJ LOCAltON ANNUALC OST SHAR' flO(RAl STAT( STAT£AID rORCONST OlHER COST 2014 County funds & County Slate Aid Highway (CSAH):

Highway Surface· Bituminous ~.420,000 170,000 ~.250,000 Highway Surface- Bituminous CSAH Maintenance 1,337,000 1,337,000 Intersection Control 1,016.600 495,800 495,800 25,000 97-136 TH952 Robert Street Improvements Construction · WSP lead West St Paul 660,000 330,000 330,000 CIP Reimbursement to Operations 3,689,951 817,729 1,236,763 1,635,459 2014 County Fu nds & CSAH Subtota l 9.123 .551 1,313,529 3,399,563 170,000 4,240 ,459 201141 2014 TOTAL 38,010 ,175 6,280,279 8,499,200 190,000 10,949,203 170,000 140,900 11,780,593 2015 Construction DRAFT 9/S/2013 7,50 CI1Y COUNTV GRAVTLTAX COUNT'!' PROJ NO ROAO SEGMENT(TO/FROM) PROJEO OESCRIPTION PROJ LOCATION ANNUAl COST SHARE FEDERAL STAT£ S1AlE AID FORCO NST OTHER COST lOI S County Funds: Highway Surface· Gravel 700,000 700,000 2(0 Highway Surface~Gr avel Spot locations 50,000 50,000 :115) Trafhc:Contro l Devices Durable Pavement Marl

Juri.s(hct~onalClassi fication 500,000 500,000 Safety and Management Projects 1,000,000 117,000 883,000 ROW Preservation & Management 1,000,000 450,000 550,000 28-48 CR 28 TH 3 to 0.62 m1le east ROW AcquiSition Inver Grove Heights 1,056,000 475,200 580,800 31·68 CR31CR64 Roundabout & !95th St Roadway Imp Construction Farmington 6,561,600 l ,9S2,120 3,608,880 32-65 new32 !17t h St: CSAH 7lto TH 52 Design (Final} Inver Grove Heights 800,000 360,000 440,000 43-38 CR 43 TH 13 Storm sewer Improvements Construction (MnDOT lead) Mendota Heights 50,000 50,000 50· xx CSAH50 South CSAH 60 to CSAH 9 Des1gn lak

83-xx CR 83 Replace Bridge ~131S,l.S miN 86 Construct Brid&e- Steel Beam Hampton Twp 300,000 300,000 8&-33 CSAH86 At TH 52 Interchange & CSAH 86 to east ROW Acquisition Randolph Twp 3_600,000 3,600,000 Future Studies/Professional Services 500,000 225,000 275,000 Township Road Distribution 20,900 20,900 Attorney Reimbursement (2013·2017 CIP} 226,724 226,724 Inter-Department Transfer - Regional Rail Cedar Grove AccessI mprovements 500,000 500,000 2015 County Funds Subtotal 21 ,010,494 5,174 , 150 15,8 36,344

CIW COUNTY GRAVELT AX COUNTY PROJNO ROAD SEGMENT ITO/FROM) PROJECT OE«:RIPTION PROJ LOCATION ANNUAl COST ,...Rf HOERAL SlATE SlATE AID fOR (()t.IST OTHER COST 2015 County State Aid Highway (CSAH): 8·20 CSAH 8 At CSAH 73 · Roundabout ROW Acquisition West 5tPau l 100,000 45,000 55,000 ll·mn CSAH 11 at 1·35E Ramps (flash ye llow arrow} Signal Operations Rev AV/BV 100,000 10,000 80,000 10,000 ll·hs C5AH 11 Commonwealth Dr to Parkv1ew Lane ConstructiOn {4-lane to 3-lane) Burnsville 846,450 34,628 769,500 42,322 14-28 CSAH14 14th Ave to 3rd Ave ROW Acqu1siuon South St Paul 800,000 360,000 440,000 26-mn CSAH 26 at 1-35E Ramps (flash yellow arrow} Signal Ope rat tons Rev Eagan 100,000 10,000 80,000 10,000 28-44 CSAH 28 At Elrene, At Mike Collins Construction Eagan 400,000 180,000 220,000 31-mm CSAH 31 at I-3SE Ramps (flash yellow arrow) Signal Oper;uions Rev Eagan 100,000 10,000 80,000 10,000 31·mn CSAH 31 at 494 Ramps (flash yellow arrow} Signal Operations Rev Eagan 100,000 10,000 80,000 10,000 3l -80 CSAH 32 Slater Rd to CSAH 31 Signal Revisions, Interconnect Eagan 472,000 23,600 377,600 23,600 47,200 42·mn CSAH42 Aldrich Ave to NB 1-35 ramp EB turn lane e

42·119 CSAH42 W. Co. line to Chippendale Ave Signal Management System B'ville1 AV,R.smt 1,049,000 37,SOO 839,200 172,300 42-123 CSAH 42 Nicollet Ave to Elm Dr (N side} Construction B'ville,AV 2,194,575 197,512 1,7SS,660 241,403 42-126 CSAH 42 At Southcross DrivE:. Signal-Complete Rebu1ld Burnsville 250,000 125,000 125,000 42-127 CSAH42 At Gardenvtew Drive S1gnai-Complete Rebuild Apple Valley 250,000 125,000 125,000 42·aa CSAH42 At Elm Signal-Complete Rebuild Apple Valley 250,000 125,000 125,000 42-bb CSAH42 At Garret Signal-Complete Rebuild Apple Valley 250,000 125,000 125,000 63-xx CSAH63 AT TH 55 lntcrsectton Area ROW Acquisition Inver Grove Heights 800,000 360,000 440,000 70·20 CSAH 70 W. Co. lme to Laredo Path Bike/Ped Trail Construction Lakeville 250,000 112,500 H 7,500 73·18 CR 73 Rsmt/IGH line to CSAH 32 Construction Inver Grove Heights 1,700,600 765,300 935,300 86·29 CSAH 86 East of CSAH 4 7 to TH 52 ROW Acquisition CR,Ran,Sdota,Hampton 2,040,500 2,040,500 86·32 CSAH86 TH 3 to west of CSAH 47 Design CR,Waterford, Sciota 408,000 408,000 97-25 Township Repla ce Bridge L3234 LewiSton Blvd Construct Bridge 19JS6 Vermillion Twp 180,000 170,000 10,000 97·10< Township Replace Bridge l ·3285 lnga Ave Construct Bridge Hampton/Douglas Twp 200,000 190,000 10,000 201S CSAH Subtotal 13,191,125 2,691 ,040 3,741,96 0 983 ,600 5,754,525 20,000

CllY COUNTY GRAVEL TAX COUNTY PROJ NO ROAD SEGM1:NT {TO/FROM( PRQJ[CT DtSCRIPTION PROJlOCATIO N ANNUAL COST SHARE fE DERAL STATE STArt AID FOR CONST OTHER COST 2015 County Funds & County State Aid Highway (CSAH}: Highway Surface- Bitumm ous 2,420,000 170,000 2,250,000 Highway Surface - Bituminous CSAH Maintenance 1,364,000 1,364,000 lntersectK>n Control 1,200,000 587,500 587,500 25,000 CIP Reimbursement to Operations 3,791,290 834,084 1,289,038 1,668,168 201S County Funds & CSAH Subtotal 8,775,290 1,421,584 3,240,538 170,000 3,943,168

20)1~·s~ 201STOTAl 42 ,976 ,909 9,286,774 3,741,960 983,600 8,995,063 170,000 20,000 19,779,512 2016 Construction DRAFT 9/S/2013 7;SO CIT'I COUNTY GRAVEl TAX COUNTY

PROJ NO ROAD SEGMENT (TO/rRO MJ PROJ(CT DESCRIPTION PROJ lOCATION ANNUAL COST SHARE fEOERAt STATE ~TAT£AI D FO R CON~l OTHER COST 2016 County Funds: Highway Surface - Gravel 350,000 350,000 Highway Surface · Gravel Spot locatioM 50,000 50,000 1r(6 Traffic Control Devlcl:':s Durable Pavement Markings 300,000 300,000 2Q- ~l· '1 1il ' ·,) , Btke Trail 700,000 700,000 Transit Infrastructure 60,000 60,000 Storm Sewer System Repa1r 500,000 200,000 300,000 Jurisdictional Classification 600,000 600,000 Safety and Management Projcch 1,000,000 117,000 883,000 ROW Preservatton & Management 1,000,000 450,000 550,000 6-06 CR6 At CSAH73 {Oakdale Ave) Construction (for turnlane) WestSt Pau l 200,000 90,000 110,000 32-65 new32 117th St: CSAH71 to TH 52 ROW Acquisition Inver Grove Heights 1,000,000 1,000,000 50-xx CSAH SO South CSAH 60 to CSAH 9 ROW Acqutsition Lakeville 4,224,640 1,901,090 2,323,550 78-06 new78 235th/Denmark to TH 3 ROW Acquisition Eureka/Castle Rock Twp 612,150 61 2,150 80-12 CSAH 80 CSAH23 to TH 3 Construction Eure-k.l/Clst le Rock Twp 5,356,000 5,356,000 80-21 CSAH 80 Replace Bridge l-3164 Over Un·named Creek Eureka/Castle Rock Twp 300,000 300,000 86-33 CSAH 86 At TH 52 Interchange & CSAH86 to east Construction Randolph Twp 8,702,000 1,000,000 702,000 7,000,000 Future Studies/Professional Services 500,000 225,000 275,000 Townshlp Road Dtstnbution 20,900 20,900 Attorney Reimbursement (2013·2017 CtP) 235,793 235,793 2016 County Funds Subtota l 25,711,483 2,983,090 1,000,000 702,000 21,026,393

CITY COUNTY GRAVEl T/I.X COUNTY PROJ NO ROAD SEGMENt (TO/FROM) I'ROJEQ DESCRIPTION PROI lOCATION ANNUAl COST SHARE FEDERAl STATE STATEAID toRCONS T OTHER COST

2016 County State .Ai

CITY COUNTY GRAVELTAX COUNTY PROJ NO ROAD SEGMENT (TO/fROM) PROJEO DESCRIPTION PROi lOCATtON ANNUAL COST SHARE fEDERAl Sli\TE STArE AID FOR CONST OTH ER COST 2016 County Funds & County State Aid Highway ICSAH): Highway Surface - Bituminous 2,420,000 170,000 2,250,00 0 Highway Surface- Bttummous CSAH Maintenance 1,391,000 1,391,000 Intersection Control 1,900,000 1,087,500 787,500 25,000 14-28 CSAH 14 14th Ave to 3rd Ave Construction South St Paul 4,000,000 1,800,000 2,000,000 200,000

86-29 CSAH 86 East or CSAH 47 to TH 52 Con~truction CR,Ra n,Sciota,Hampton 6,875,000 3,875,000 3,000,000 CIP Reimbursement to Operations 3,867,116 850,765 1,314,819 1,701,532 2016 County Funds & CSAH Subtota l 20,453,116 3,738,265 9,368,319 170,000 7,176,532 . (I ' . \ 29'1iii_ \, ' '6'- 2016 TOTAL 58,017,299 9,683,925 1,720,000 2,149,500 16,090,949 170,000 28,202,925 2017 Construction DRAFT 9/S/ 2013 7,so CITY COUNTY GRAVU TAX COUNTY

A.NN t:Y.> TE AI PROJNO ROAD S£GMENT flO/fROM) PROJEQ OE~RIPTION PROJ LOCAl tON UAl( l !.HARE HOEA.Al SlAlE SlA D FORCONST OTHER COST 2017 County Funds: Highway Surface - Gravel 700,000 700,000 Highway Surface - Gravel Spot locations 50,000 50,000 Traffic Control Dev1ces Durable Pavement Markings 300,000 300,000 2.()1.1:7 Bike Trail 700,000 700,000 Transit Infrastructure 60,000 60,000 Storm Sewer System Repair 500,000 200,000 300,000 Jurisdictional Classification 600,000 600,000 Safety and Management Projects 1,000,000 117,000 883,000 ROW Preservation & Management 1,000,000 450,000 550,000 28-48 CR 28 TH 3 to 0.62 mile east Construction Inver Grove Heights 600,000 600,000 32-65 new32 117th St: CSAH 71 to TH 52 Construction Inver Grove Heights 4,000,000 4,000,000 42-82 CSAH 42 At TH 52 I Brodges Only) Construction Rosemount 12,500,000 3,125,000 9,375,000 50-xx CSAH 50 South CSAH 60 to CSAH 9 Const ruction Lakeville 10,513,760 4,731,190 5,782,570 78-06 new78 235th/Denmark to TH 3 Construction Eureka/Castle Rock Twp 1,734,750 1,734,750 Future Studies/Professional Services 500,000 225,000 275,000 Township Road Distribution 20,900 20,900 Attorney Reimbursement (2013-2017 CIP) 245,225 245,225

2017 County Funds Subtotal 35,024,635 8,848,190 26,176,445

CITY COUNTY GRAVfl TAX COUNTY PROJNO ROAD SEGMENT (TO/fROMI PROJECT DBCRIPTION PROJ LOCAftO N ANNUALCOST SHAR£ H OERAL STATE STATEA ID FORCONST OTHER COST 2017 County State Aid Highway (CSAH): 5-47 CSAH 5 At Burnsville Pkwy Signal Recon/lnt ersection Geo Burnsville 667,000 300,000 367,000 8-xx CSAH8 CSAH 63 (Delaware) to Humboldt Ave ROW Acquisition West St Paul 1,306,000 587,700 718,300 9-36 CSAH 9 Indiana Ave/194th St to CSAH 60 ROW AcquiSition Lakeville 1,574,700 708,615 866,085 30-19 CSAH 30 At TH 77 (Cedar) Ramps Signal Recon {MnDOT lead) Eagan 100,440 100,440 30-29 CSAH 30 At Nicols Rd Signal Reconstruction Eagan 265,000 132,500 132,500 63-zz CSAH 63 North of CSAH 28 to north of CSAH 26 ROW Acquisition Inver Grove Heights 1,377,600 619,900 757,700 73-19 CSAH 73 Bonaire Path to Rsmt:/IGH line ROW Acquisition Rosemount 771,200 347,000 424,200 91-xx CASH 91 TH 61 to 3/4 mile north ROW Acquisition Miesville/Douglas Twp 557,800 SS7,800

2017 CSAH Subtotal 6,619,740 2,695,715 3,924,025

CITY COUNTY GRAV£LT AX COUNTV

PFIOJNO ROAO SEGMENT{TO/fROM) P~OJ£CTOESCRtPTlON PROJlOCA TION ANNUAlCD~l SHARE FEDERAL STATE STATE AID FORC ONST OTHER COST 2017 County Funds & County State Aid Highway (CSAH): Highway Surface· Bituminous 2.420,000 170,000 2,250,000 Highway Surface - Bituminous CSAH Maintenance 1,419,000 1,419,000 Highway • Repl acement 5,000,000 5,000,000 Intersection Control 1,167,560 655,000 487,560 25,000 86-32 CSAH 86 TH 3 to west of CSAH 47 Construction CR, Waterford, Sciota 6,875,000 3,875,000 3,000,000 CIP Reimbursement to Operations 3,944,558 867,780 1,341,116 1,735,662

2017 County Funds & CSAH Subt otal 20,826,118 1,522,780 7,122,676 170,000 12,010,662

2lL}.1li1. 2017TOTAL 62.470,493 13,066,685 11,046,701 170,000 38,187, 107 2018 Construction DRAFT 9/S/2013 7,50 OlY COUNTY GAAVH lAX COUNTY PROJNO ROAD !.[GM£NT ITO/fROM) PROUCT D£S.CRIPTION PROJ lOCATION ANNUAL COST SHAI\E HDfRAI. STAT( STAHA JO fORCONST OTHER COST 2018 County Funds: Highway Surface- Gravel 700,000 700,000 Highway Surface - Gravel Spot Locations 50,000 50,000 2Cl11·8· Traffic Control Devices Durable Pavement Markings 300,000 300,000 Bike Trail 700,000 700,000 Transit Infrastructure 60,000 60,000 Storm Sewer System Repair 500,000 200,000 300,000 Jurisdictional Classification 600,000 600,000 Safety and Management Projects 1,000,000 117,000 883,000 ROW Preservation & Management 1,000,000 450,000 550,000 9-43 newCR 9 East of Hayes Ave to CSAH 23 Design Lakevi lle 450,000 202,500 247,500 Future Studies/Professional Services 500,000 225,000 275,000 Townsh1p Road Oistnbution 20,900 20,900 Attorney Reimbursement (2013-2017 CIP) 245,225 245,225 2018 County Funds Subtotal 6,126,125 1,194,500 4,931,625

CllY COUNTY GRAVEL TAX COUNTY PROJ NO ROAD SEGMENT (TO/F ROM) PROJECT OE.SCR1Pf10N PROJ lOCATION ANNUAL COST SHARE. HDER.Al STAT£ SlATE AID FOR CONST OTHER COST 2018 County State Aid Highway (CSAH):

8~xx CSAH 8 CSAH 63 (Delaware) to Humboldt Ave Construction WestSt Paul 3,265,300 1,469,385 1,795,915

9~36 CSAH9 Indiana Ave/194th St to CSAH60 Construction Lakeville 4,232,600 1,904,670 2,327,930

63~zz CSAH 63 North of CSAH 28 to north of CSAH 26 Construction Inver Grove He1ghts 3,428,400 1,542,800 1,885,600 91-xx CASH 91 TH 61 to 3/ 4 mile north Construction Miesville/Oouglas Twp 2,250,000 2,250,000 73-19 CSAH 73 Bonaire Path to Rsmt/IGH hne Construction Rosemount 3,124,200 1,405,900 1,718,300 2018 CSAH Subtotal 16,300,500 6,322,755 9,977,745

CllY COUNTY GRAVEL TAX COUNTY PA.OJNO ROAD SEGMENT flO/fROM) PROJECTDLSC RIPTION PROJ lOCA l iON ANNUAl COST SHARE HOERAL STAT£ STATEAID FOR CONSl 0Tl1ER COST 2018 County Funds & County State Aid Highway (CSAH): Highway Surface - Bituminous 2,420,000 170,000 2,250,000 Highway Surface· Bituminous CSAH Maintenance 1,419,000 1,419,000 Highway · Replacement 15,000,000 10,000,000 5,000,000 Intersection Control 2,200,000 1,087,500 1,087,500 25,000 CIP Reimbursement to Operations 4,023,347 885,136 1,367,938 1,770,273 2018 County Funds & CSAH Subtotal 25,062,347 1,972,636 13,874,438 170,000 9,045,273

2J0\11:S~ 2018 TOTAL 47,488,972 9,489,891 23,852,183 170,000 13,976,898 2014- 2018 CIP- Parks Capital Improvement Program -Draft

SHEET PROJECTDESCRIPTION PROJECTLOCATION ANNUAL FEDERAL STATE METRO OTHER COUNTY TOTAL LIFE II COST SHARE COST PROJECTCO ST

2014 Section Proj 1 Planning: Park System Systemwide 100,000 100,000 360,000 Proj 2 Acquist ion: Park System Systemwide 2,266,666 1,700,000 566,666 11,333,330 Proj3 Park Development: LHRP LHRP 2,266,666 1,700,000 566,666 11,333,330 Proj4 Mamtenance: Park System Systemwide 600,000 2SO,OOO 3SO,OOO 2,100,000 Proj 5 Greenway Development : MRRT thru SlPR Rosemount/Nininger Township 4,125,000 4,125,000 4,125,000 Proj 6 Park Development: Mast er Plan Improvements Systemwide 1,258,000 1,258,000 7,24S,840 Proj 7 Park Development: Enhancemen ts Systemwide 50,000 50,000 250,000 Proj8 Greenway Development: Enhancements Systemwide 50,000 50,000 2SO,OOO Proj9 MRRT Rosemount MRRT Rosemount 450,000 4SO,OOO 5,650,000 Proj 10 BRRT Trailhead Big Rivers Regional Park 1,500,000 1,000,000 500,000 1,SOO,OOO Proj 11 Greenway Collaborative Systemwide 3SO,OOO 3SO,OOO 1,000,000 Projl2 Natural Resource: Base Program Systemwide 511,000 1SO,OOO 361,000 2,605,000 Proj13 Planning: Greenway System Systemwide 12S,OOO 125,000 325,000 Proj 14 Greenway Development: North Creek Greenway Apple Valley 250,000 250,000 1,900,000 PrOJ 15 Greenway Development: M RRT to St. Paul South St. Paul 300,000 300,000 2,589,000 Proj 16 Natural Resources: WWRP Restoration WWRP 1,100,000 1,000,000 100,000 1,100,000 Proj 17 Maintenance: Greenways Systemwide so,ooo SO,OOO 250,000 Proj 18 M aintenance: WWRP Dike WWRP 50,000 SO,OOO 155,000 Proj 19 NURT Master Plan NURT 100,000 100,000 100,000 2014 Totals 1S,502,332 6,575,000 5,958,000 100,000 2,869,332 54,171,500 2015 Section Proj 1 Planning: Park System Systemwide 6S,OOO 65,000 360,000 Proj 2 Acquistion: Park System Systemwide 2,266,666 1,700,000 566,666 11,333,330 Proj 3 Park Development: LHRP lHRP 2,266,666 1,700,000 S66,666 11,333,330 Proj 4 Ma intenance: Park System Systemwide 250,000 2SO,OOO 2,100,000 Proj7 Park Development: Enhancements Systemwide 50,000 SO,OOO 250,000 Proj8 Greenway Development: Enhancements Systemwide SO,OOO so.ooo 2SO,OOO Proj9 MRRT Rosemount MRRT Rosemount S,200,000 4,882,000 318,000 S,6SO,OOO Proj 11 Greenway Collaborative Systemwide 1SO,OOO 1SO,OOO 1,000,000 Proj 12 Natural Resource: Base Program Systemwide S11,000 150,000 361,000 2,60S,OOO Proj 13 Planning: Greenway System Systemwide 110,000 110,000 32S,OOO Proj14 Greenway Development: North Creek Greenway Apple Valley 1,650,000 1,000,000 6SO,OOO 1,900,000 Proj 1S Greenway Development: MRRT to St. Paul South St. Paul 2,289,000 1,800,000 489,000 2,S89,000 Proj17 Maintenance: Greenways Systemwide SO,OOO 50,000 250,000 Proj 20 Greenway Development: MRRT Double Crossing MRRT: Inver Grove Heights 100,000 100,000 100,000 Proj 21 Greenway Development: Minnesota River Greenway Minnesota River Greenway: Eagan 150,000 1SO,OOO 1,400,000 Proj 22 Greenway Development: North Creek Trailhead and Gap Nort h Creek Greenway: Rosemount 22S,OOO 22S,OOO 22S,OOO Proj 23 Greenway Development: North Creek Pedestrian Tunnel North Creek Greenway: Apple Valley at CSAH 42 50,000 50,000 so,ooo 2015 Total 15,433,332 2,800,000 4,882,0 0 0 5,007,000 2,744,332 41,720,660 2014- 2018 CIP - Parks Capital Improvement Program - Draft

SHEET PROJECTDE SCRIPTION PROJECTLOCA TION ANNUAL FEDERAL STATE METRO OTHER COUNTY TOTAL LIFE # COST SHARE COST PROJECTCOST

2016 Section Proj 1 Planning: Park System Systemwide 6S,OOO 6S,OOO 360,000 Proj 2 AcqUJstion: Park System Systemwide 2,266,666 1,700,000 566,666 11,333,330 Proj 3 Park Development : LHRP LHRP 2,266,666 1,700,000 S66,666 11,333,330 Proj4 Maintenance· Park System Systemwide soo.ooo 2SO,OOO 250,000 2.100,000 Proj6 Park Development: Master Plan Improvements Systemwide 2,617, 710 1,558,000 1,0S9,710 7,245,840 Proj7 Park Development: Enhancements Systemwide 50,000 so.ooo 2SO,OOO ProJ 8 Greenway Development: Enhancement s Systemwide 50,000 so.ooo 2SO,OOO Proj 11 Greenway Collaborative Systemwide 200,000 200,000 1,000,000 Proj 12 Natural Resource: Base Program Systemwide S11,000 150,000 361,000 2,605,000 Proj13 Planni ng: Greenway System Systemwide 30,000 30,000 325,000 Proj 17 Maintenance: Greenways Systemwide so,ooo so.ooo 250,000 Proj 18 Maintenance: WWRP Dike WWRP 105,000 105,000 155,000 Proj 24 Greenway Development: County Greenway Development Systemwide 728,000 728,000 2,261,000 2016 Totals 9,440,042 6,286,000 3,1S4,042 39,468,500 2017 Section Proj1 Planning: Park System Systemwide 65,000 65,000 360,000 Proj2 Acquistion: Park System Systemwide 2,266,666 1,700,000 566,666 11,333,330 Proj3 Park Development: LHRP LHRP 2,266,666 1,700,000 S66,666 11,333,330 Proj4 M aintenance: Park System Systemwide 250,000 2SO,OOO 2,100,000 Proj6 Park Development: Master Plan Improvements Systemwide 1,145,936 483,000 662,936 7,24S,840 Proj 7 Park Development: Enhancements Systemwide so,ooo 50,000 250,000 Proj8 Greenway Development: Enhancements Systemwide 50,000 50,000 250,000 Proj11 Greenway Collaborative Systemwide 150,000 150,000 1,000,000 Proj 12 Natural Resource: Base Program Systemwide 561,000 200,000 361,000 2,605,000 Proj 13 Planning: Greenway System Systemwide 30,000 30,000 325,000 Proj17 Maintenance: Greenways Systemwide so,ooo 50,000 250,000 Proj 24 Greenway Development: County Greenway Development Systemwide 500,000 500,000 2,261,000 Proj 25 Greenway Development: NURT NURT 1,250,000 1,000,000 2SO,OOO 1,250,000 2017 Totals 8,635,268 1,000,000 4,583,000 3,052,268 40,563,500 2018 Section Proj 1 Planning: Park System Systemwide 65,000 65,000 360,000 Proj 2 Acquistion: Park System Systemwide 2,266,666 1,700,000 566,666 11,333,330 Proj 3 Park Developm ent: LHRP LHRP 2.266,666 1,700,000 566,666 11,333,330 Proj4 Maintenance: Park System Systemwide 500,000 250,000 250,000 2,100,000 Proj 6 Park Development: M aster Plan Improvements Systemwide 2,224,194 1,558,000 666,194 7,245,840 Proj7 Park Development: Enhancements Systemwide 50,000 50,000 250,000 Proj8 Greenway Development: Enhancements Systemwrde SO,OOO 50,000 250,000 Proj 11 Greenway Collaborative Systemwide 150,000 150,000 1,000,000 Proj 12 Natural Resource: Base Program Systemwide S11,000 1SO,OOO 361,000 2,60S,OOO Proj 13 Planning: Greenway System Systemwide 30,000 30,000 325,000 Proj17 Maintenance· Greenways Systemwide 50,000 50,000 250,000 Proj2 1 Greenway Development: Minnesota River Greenway Minnesota River Greenway: Eagan 1,250,000 1,000,000 250,000 1,400,000 Proj 24 Greenway Development: County Greenway Development Systemwide 1,033,000 1,033.000 2,261,000 2018 Totals 10.446,526 1,000,000 6,391,000 3,055,526 40,713,500 2014 - 2018 CIP- Building Capital Improvement Program Summary

PROJECT PROJECT LOCATION PROJECT DESCRIPTION ANNUAL BOND/Other COUNTY TOTAL LIFE Project NO. COST PROCEEDS COST PROJECT COST Type

2014 Section 1028 Countywide Energy Improvements 432,000 432,000 693,000 Active 5506 Farmington Library Renovation 1,757,500 1,757,500 2,035,000 Active 2002 Inver Glen Library Renovation 2,550,000 2,550,000 2,850,000 Active 0507 LEC & Judicial Center Replace Pneumatic Controls 500,000 500,000 1,277,000 Active 8822 LEC & Judicial Center Cooling Tower Replacement 564,000 564,000 580,000 Active 8821 LEC & Juvenile Service Center Security Improvements 405,000 405,000 1,240,000 Active 9928 Western Service Center Emergency Generator Replacement 735,000 735,000 750,000 Active 101 7 County Museum & Libraries Install Water Softeners 45,000 45,000 45,000 Approved 1040 Countywide Fiber Optic Connection Hastings Hwy 61 Bridge 100,000 50,000 50,000 100,000 Approved 1017 Countywide Interior Building Fall Protection 20,000 20,000 225,000 Approved 4008 Empire Transportation Facility Photovoltaic (PV) Solar Systems 1,300,000 1,135,000 165,000 1,300,000 Approved 508 Govt Center, Hastings Campus Exterior Envelope lnspec., Repairs & Cleaning 238,000 238,000 346,000 Approved 3404 Historical Museum Space Needs Assessment 32,000 32,000 32,000 Approved 1405 Judicial Center Replace Underground Fuel Tanks 220,000 220,000 220,000 Approved 1421 Judicial/Western Service Centers Replace Courts Sound Systems 20,000 20,000 220,000 Approved 1043 Thmpsn Park, Inver Glen, Museum Fiber Optic Connection 150,000 150,000 150,000 Approved 2207 Wentworth Library EMS Replacement 151 ,000 151 ,000 151 ,000 Approved 1042 Wentworth Library Fiber Optic Connection 50,000 50,000 50,000 Approved 1124 Countywide Miscellaneous Projects 185,000 185,000 925,000 Continuing 1104 Countywide Special Assessment 20,000 20,000 100,000 Continuing 1164 Countywide Stormwater Mgmt.. Retrofit Projects 25,000 25,000 225,000 Continuing 1021 Countywide Upgrade Generators to EPA Regulations 307,000 307,000 335,000 Revised 5505 Farmington Library Exterior Wall Repairs 80,750 80,750 93,000 Revised 1416 Judicial Center Upgrade Emergency Generators 747,000 747,000 762,000 Revised-Active 1420 Judicial Center Renovation 3,009,000 3,009,000 8,055,000 Revised 1425 Judicial Center Replace Chiller 635,000 635,000 635,000 Revised 1422 Judicial Center Restroom Improvements 70,000 70,000 70,000 Revised 9921 Western Service Center Exterior Envelope Repairs and Cleaning 125,000 125,000 253,000 Revised 9908 Western Service Center Main Entrance Plaza Renovation 275,000 275,000 280,000 Revised 9925 Western Service Center Meeting Room Renovations 355,000 355,000 365,000 Revised 9922 Western Service Center Boiler Replacement 350,000 350,000 350,000 Revised

Countywi de Carpet Programmed Replacement 180,000 180,000 960,000 New Countyw ide Office Space Needs Assessment 140,000 140,000 140,000 New Countywide Parking Lots Seal and Repair 24,600 24,600 539,200 New Countyw ide Security System Improvements 224,700 224,700 224,700 New Empi re Transpo rtation Facility Reno vate Office and B reakroom 120,000 120,000 120,000 New

Bold = New Project Requests PROJECT PROJECT LOCATION PROJECT DESCRIPTION ANNUAL BOND/Other COUNTY TOTAL LIFE Project NO. COST PROCEEDS COST PROJECT COST Type

Farmington Library Main Entrance Renovation 190,000 190,000 190,000 New Galaxie Library Space Needs Assessment 50,000 50,000 50,000 New Government Center Add Parking Lot Space 75,000 75,000 75,000 New Northern Service Center Secure Door Administration 18,000 18,000 18,000 New Northern Service Center Veterans Conference/Client Space 25,500 25,500 25,500 New Pleasant Hill Library Replace 60 Ton Chiller 65,000 65,000 65,000 New Wentworth Library Replace 90 Ton Chiller 18,000 18,000 88,000 New Western Service Center Restroom Improvements 116,000 116,000 116,000 New

Total for 2014 16,700,050 1,185,000 15,515.050

2015 Section 1028 Countywide Energy Improvements 157,000 157,000 693,000 Active 5506 Farmington Library Renovation 30,500 30,500 2,035,000 Active 2002 Inver Glen Library Renovation 42,500 42,500 2,850,000 Active 0507 LEC & Judicial Center Replace Pneumatic Controls 700,000 700,000 1,277, 000 Active 8821 LEC & Juvenile Service Center Security Improvements 775,000 775,000 1,240,000 Active 1021 DCC & Robert Trail Library Parking Lot Slurry Seal 60,000 60, 000 60,000 Approved 0508 Govt Center, Hastings Campus Exterior Envelope lnspec., Repairs & Cleaning 108, 000 108,000 346,000 Approved 1047 Judicial/Northern Service Centers Data Center Enhancement Project 40,000 40, 000 850,000 Approved 1421 Judicial/Western Service Centers Replace Courts Sound Systems 200,000 200,000 220,000 Approved 6506 Northern Service Center Exterior Envelope lnspec., Repairs & Cleaning 76,000 76,000 194,000 Approved 6902 Spring Lake Park Park Maintenance Building 1,550,000 1,550,000 1,550,000 Approved 1125 Countywide Miscellaneous Projects 185,000 185,000 925,000 Continuing 1105 Countywide Special Assessment 20,000 20,000 100,000 Continuing 1165 Countywide Stormwater Mgmt.. Retrofit Projects 25,000 25,000 225,000 Continuing 1017 Countywide Interior Building Fall Protection 205,000 205,000 225,000 Revised 2600 Galaxie Library Building Addition and Renovation 400,000 400,000 5,305,000 Revised 1420 Judicial Cen ter Renovation 4,418,000 4,418,000 8,055,000 Revised 7002 Lebanon Hills Park Park Maintenance Building 2, 990,000 2,990,000 3,620,000 Revised 6700 Thompson Park Park Maintenance Building/Sheriffs Storage 530,000 530,000 530,000 Revised

Countywide Carpet- Programmed Replacement 186,000 186,000 960,000 New Countywide Parking Lots Seal and Repair 106,600 106,600 539,200 New Farmington Transportation Roof Replacement 156,000 156,000 156,000 New Wentworth Library Replace 90 Ton Chiller 70,000 70,000 88,000 New Northern Service Center Space Reconfiguration 250,000 250,000 250,000 New Western Service Center Upgrade Cooling Pumps 83,200 83,200 83,200 New

Total for 2015 13,363,800 13,363,800

Bold= New Project Requests PROJECT PROJECT LOCATION PROJECT DESCRIPTION ANNUAL BOND/Other COUNTY TOTAL LIFE Project NO. COST PROCEEDS COST PROJECT COST Type

2016 Section 0507 LEG & Judicial Center Replace Pneumatic Controls 50,000 50,000 1,277,000 Active 2502 Pleasant Hill Library Needs Assessment 35,000 35,000 35,000 Approved 6506 Northern Service Center Exterior Envelope lnspec., Repairs & Cleaning 118,000 118,000 194,000 Approved 9923 Western Service Center HCFC Chiller Room Purge 89,000 89,000 89,000 Approved 9606 Government Center CJIIN Remodeling 50,000 50,000 50,000 Approved 1126 Countywide Miscellaneous Projects 185,000 185,000 925,000 Continuing 1106 Countywide Special Assessment 20,000 20,000 100,000 Continuing 1166 Countywide Stormwater Mgmt.. Retrofit Projects 25,000 25,000 225,000 Continuing 2600 Galaxie Library Building Addition and Renovation 2,869,000 2,869,000 5,305,000 Revised 1410 Judicial Center Freight Elevator Replacement 126,000 126,000 126,000 Revised 1423 Judicial Center Boiler Replacement 355,000 355,000 355,000 Revised 1420 Judicial Center Renovation 183,000 183,000 8,055,000 Revised 1047 Judicial/Northern Service Centers Data Center Enhancement Project 810,000 810,000 850,000 Revised 7002 Lebanon Hills Park Park Maintenance Building 630,000 630,000 3,620,000 Revised

Countywide Carpet - Programmed Replacement 192,000 192,000 960,000 New Countywide Parking Lots Seal and Repair 105,000 105,000 539,200 New Hastings Transportation Replace Cold Storage Roof 50,400 50,400 50,400 New Countywide Study - Refrigerant Phase-Out 30,000 30,000 30,000 New

Total for 2016 5,922,400 5,922,400

2017 Section 2102 Heritage library Needs Assessment 35,000 35,000 35,000 Approved 1127 Countywide Miscellaneous Projects 185,000 185,000 925,000 Continuing 1107 Countywide Special Assessment 20,000 20,000 100,000 Continuing 1167 Countywide Stormwater Mgmt.. Retrofit Projects 25,000 25,000 225,000 Continuing 2600 Galaxie Library Building Addition and Renovation 2,036,000 2,036,000 5,305,000 Revised 2502 Pleasant Hill library Renovation 960,000 960,000 1,600,000 Revised

Countywide Carpet- Programmed Replacement 180,000 180,000 960,000 New Countywide Parking Lots Seal and Repair 60,000 60,000 539,200 New

Total for 2017 3,501 ,000 3,501 ,000

Bold = New Project Requests PROJECT PROJECT LOCATION PROJECT DESCRIPTION ANNUAL BOND/Other COUNTY TOTAL LIFE Project NO. COST PROCEEDS COST PROJECT COST Type

2018 Section

3801 Miesville Ravine Park Maintenance Building 350,000 350,000 350,000 Approved 1128 Countywide Miscellaneous Projects 185,000 185,000 925,000 Continuing 1108 Countywide Special Assessment 20,000 20,000 100,000 Continuing 1168 Countywide Stormwater Mgmt.. Retrofit Projects 25,000 25,000 225,000 Continuing

Countywide Carpet- Programmed Replacement 204,000 204,000 960,000 New Countywide Various parking lots -Crack Sealing 32,000 32,000 150,000 New Heritage Library/Lie. Center Renovation 800,000 800,000 2,300,000 New Extension Building Roof Replacement 248,000 248,000 248,000 New Government Center Add Parking Lot Space 350,000 350,000 350,000 New

Total for 2018 2,214,000 2,214,000

GRAND TOTAL 2012-2016 41,701,250 1,185,000 40,516,250

Bold =New Project Requests City Council Agenda Report Date: October 7, 2013 Engineering ::;eK

Agenda Item: Award of Bid- Phase 1 Levee Rehabilitation

Action to be considered:

Approve Resolution 2013-174 RESOLUTION ACCEPTING THE BIDS AND AWARDING 2012- 00SA FLOOD CONTROL SYSTEM IMPROVEMENTS TO MEYER CONTRACTING INC. in the amount of $2,213,888.89.

Overview:

Over the last year and one-half, the City Staff along with Barr Engineering, Bolton Menk Inc. and the Corps ofEngineers have been working on a project involving the upgrade of the City's levee system. The project was designed to address virtually all of the issues noted by the Corps of Engineers and FEMA in their most recent annual inspection report. After waiting nine months for the Corps of Engineers approval, the plans were finally approved and sent out to the bidders. The project has been broken up in three distinct parts. Part 1 is the improvements along the levee and the pipes going through the levee. That project is the topic of this report. Part 2 was the replacement of the storm water pumping station adjacent to the City compost site. That was awarded by the City on June 17, 2013. Part 3 will be the final disposition of the old sewage treatment plant building next to the compost site. In addition, the City is undertaking a process called a System-Wide Improvement Framework (SWIF) to address any unmet need sin the future.

The Part 1 bids were opened on September 10, 2013 and read as follows:

Contractor Bid: Alternate Bid:

Meyer Contracting Inc. $ 2,213,889.89* $630,205.00

Lametti & Sons, Inc. $ 2,737,840.00* $670,000.00

Engineering & Construction Innovations, In c. $ 2,898,875.00 $946,363.44

*=corrected bid

The apparent low bid was received from Meyer Contracting Inc. A City Council report was prepared to discuss and address the bids. The report is attached for reference. Attached you will also find a letter from Barr Engineering recommending award to Meyer Contracting Inc.

The Alternate bid is for replacement of each gatewell. The staff and Barr are confident that all of the alternate bid will not be needed, but if any gatewells do need complete replacement the City will have a price for the work. COUNCIL AGENDA REPORT - Award Levee Rehabilitation - Phase I October 7, 2013 Page 2 of2

The City has received a tentative verbal approval of additional funds from the State of Minnesota Department of Natural Resources, in the amount of an additional $1 .2 million for this project. This will require the same 50/50 match as the original grant.

If awarded, the Contractor has indicated that a June 30, 2014 completion date is planned for all work, depending on flood conditions in the Spring.

Source of Funds:

Outlined in attached council report from September 23, 2013. The City Council also discussed bonding for the unmet City share at their September 30, 2013 City Council work session. City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2013-174

RESOLUTION ACCEPTING THE BIDS AND A WARDING 2012-00SA FLOOD CONTROL SYSTEM IMPROVEMENTS TO MEYER CONTRACTING INC.

WHEREAS, pursuant to advertisement for bids for the improvements outlined in the 20 12-008A Flood Control System Improvements, the bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement:

Contractor Bid: Alternate Bid:

Meyer Contracting Inc. $ 2,213,889.89* $ 630,205.00

Lametti & Sons, Inc. $ 2,737,840.00* $ 670,000.00

Engineering & Construction Innovations, Inc. $ 2,898,875.00 $ 946,363.44

*= corrected bid

WHEREAS, it appears that Meyer Contracting Inc. , is the lowest responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South St. Paul, Minnesota, as follows: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Meyer Contracting Inc. in the name of the City of South St. Paul for the improvements outlined in the 20 12-008A Flood Control System Improvements Part 1, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted this ih day of October, 20 13.

City Clerk fJ'i City Council Agenda Report ~ Date: September 23, 2013 r.:w:~• Department: Engineering Administrator:

Agenda Item: Levee Project Update

Action to be considered:

Discuss & provide direction.

Overview:

The City is currently underway on a levee rehabilitation project which will address the majority of deficiencies noted in the recent Corp of Engineers/FEMA inspections. When the project was initially contemplated a few years ago, the project was thought to cost about $2.4 million. However, the City and its consultant, Barr Engineering, recently realized that this was not going to be enough money to complete the project. Below is a summary of the levee project to date:

Original Estimate of Project at time of Grant Request (20 10) $2,400,000

Engineering and Design Contract $320,000 Phase 2- Pumping Station (already under contract) $1,265.000 Phase I - Levee Upgrades (see note below) $2,845.000 Revised Estimate of Project $4,430,000 Note: Phase 1 was re-bid and the revised bids were opened last week. The low bid was from Meyer Contracting with a base bid of$2,215, 000 and bid alternates of$630,000. Th e total bid of $2,845,000 is a worst case scenario. It is anticipated that the final contract will be in the $2, 5 00, 000 range.

The City has already requested additional funds from the State of Minnesota and the outlook is very promising for the additional matching grant funding. However, the City will still be required to match any funds received from the State for this project. The City originally planned on their share of a $2.4 million project to come from the 'excess TIF' funding which has avail able the $1.2 million funds for the grant match. However, now the match is more likely to be the $2.2 million dollar range. Below are some likely sources for the additional monies:

• More excess TIF contribution • Storm water funds • Bonding monies • TIF dollars. • CIP monies

The staff will be prepared to discuss each of these options at the council worksession. City Council WS Report - Levee Project Update September 23 , 2013 Page 2 of2

The levee improvement project has to be done in the very near future. The prices and scope of work is not going to get any cheaper or less intense. Without a certified levee from FEMA and Corps approval of the levee, the business owners that are currently protected by the levee will now all have to get flood insurance (if possible) and the City will not be eligible for flood damage mitigation from the Corps. These projects are essential for the on-going existence of the industrial park and the City tax base.

In addition to these projects, the City needs to develop a system wide improvement framework (SWIF) for the levee system. The SWIF will address any other deficiencies in the levee over a scheduled period of time (see attached letter). The one major component in the SWIF is an un­ gated culvert which currently penetrates the levee at Wentworth Avenue extended. This culvert was put in in 1990 but was not gated and should have been. The Corps has listed this deficiency as needing to be addressed. Given the scope of this item, it has not been planned to be addressed until the other deficiencies were corrected.

Barr Engineering has offered to prepare a SWIF Notice of Intent letter for the City (see Barr letter). The preparation of a SWIF will require significant resources to complete and to obtain Corps approval. Once a SWIF is prepared and approved by the Corps, the City will be re-instated in the Corps flood hazard mitigation program, until the SWIF improvements are completed in the approved time line. The completion of a SWIF will require a consultant familiar with the Corps processes to assist the City. The staff is not sure how much the SWIF process will entail but that will be the next required step in the process. Again, Barr has offered to prepare the SWIF Notice of Intent letter, which is anticipated to take about 20 hours to prepare, at no cost to the City. The staff urges the Council to accept this offer to keep the ball rolling in the process. resourceful. naturally. BARR engineering and environmenlol consullonls

September 24, 2013

Mr. John Sachi, PE City Engineer City of South St. Paul 125 3rd Avenue North South St. Paul, MN 55075

Re: Recommendation of Bid Acceptance

Dear Mr. Sachi

Barr Engineering Co. has reviewed the submitted bids for the South St. Paul Levee Improvements Project, for which bids were opened on September 10, 2013. Meyer Contracting submitted a base bid of$2,213,888.89, which was the low bid. Meyer's bid submittal complies with all the requirements of the Contract Documents and we are formally recommending acceptance of the bid.

As you are aware, we previously attempted to bid the project with a bi d opening of May 13,2013. At that time, we received one bid at the base bid amount of $3,473,000. Working with you and the Corps, the bid package was reworked and additional investigations of the condition of the several of the gates in the gatewell structures were performed. The rebidding of the project resulted in three (3) bids, with the low bid of $2,213,888.89 by Meyer. The project includes the option for several bid alternates for full gate replacements. We do not anticipate that many of the gates will need full replacement, but should al l identified gates need replacing, the bid alternate for thi s work is $630,205.

Upon Council's acceptance of the bid Meyer will be required to submit the performance bond, payment bond, and insurance information. After the receipt of these documents, the City may issue the Notice to Proceed. In addition, the Form of Agreement will be signed by all parties. Work will commence at the site after the Form of Agreement has been executed and the Notice to Proceed issued. Meyer's preliminary schedule indicates that work wil l commence in November 2013, wrapping up in July 2014. Meyer has until December 3 1, 2014 to complete all work.

We look fo rward to continue working with you to complete the improvements to your flood protection system. If you have any questions please contact me at 952-832-2854 or ncam pea u@. barr.com .

Sincerely, ~0~ Nathan Campeau, PE

Attachment: Bid Tabulation

Barr Engineering Co. 4700 West 77th Street, Su ite 200, M inneapoli s, MN 55435 952.832.2600 www.borr.com City of South St. Paul Flood Control System Improvements STATION 0+00 TO STATION 139+90 Bid Opening September 10, 2013 at 3 :30pm Bid Tab 9/10/2013

ECI (Engineering & Construction Base Bid Lametti & Sons, Inc. Meyer Contracting Innovations, Inc.) Measurement and Estimated Item Payment Item Description Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension General 1 A Mobilization and Demobilization LS 1 $ 210,000.00 $ 210,000.00 $ 140,000.00 $ 140,000.00 $ 395,000.00 $ 395,000.00 2 B Temporary Staging Area LS 1 $ 42,000.00 $ 42,000.00 $ 4,054.00 $ 4,054.00 $ 22,000.00 $ 22,000.00 3 c Traffic and Pedestrian Safety Control Measures LS 1 $ 31,000.00 $ 31,000.00 $ 4,766.00 $ 4,766.00 $ 10,000.00 $ 10,000.00 4 D M iscellaneous Dewatering and Cont rol of Wat er LS 1 $ 29,000.00 $ 29,000.00 $ 9,584.00 $ 9,584.00 $ 3,200.00 $ 3,200.00 Temporary Erosion Prevention and Sedimentation Control 5 E Erosion Control Construction Entrance EA 3 $ 2,500.00 $ 7,500.00 $ 938.00 $ 2,814.00 $ 1,600.00 $ 4,800.00 6 F Silt Fence (Machine Sliced or Standard) LF 1000 $ 2.50 $ 2,500.00 $ 5.70 $ 5,700.00 $ 6.00 $ 6,000.00 7 G Temporary Erosion Control Blanket- Type 2S 100% Biodegradable SY 900 $ 2.00 $ 1,800.00 $ 2.90 $ 2,610.00 $ 7.00 $ 6,300.00 8 H Concrete Washout Management LS 1 $ 5,000.00 $ 5,000.00 $ 1,468.00 $ 1,468.00 $ 12,000.00 $ 12,000.00 9 I Fl oating Silt Curtain EA 10 $ 1,800.00 $ 18,000.00 $ 1,817.00 $ 18,170.00 $ 4,000.00 $ 40,000.00 10 J SWPPP M aintenance LS 1 $ 30,600.00 $ 30,600.00 $ 5,739.00 $ 5,739.00 $ 15,000.00 $ 15,000.00 Removals and Demolition 11 K Remove and Dispose of Debris and Sed iment from Pipes and Gatewells TON 115 $ 80.00 $ 9,200.00 $ 69.00 $ 7,935.00 $ 90.00 $ 10,350.00

12 L Remove and Dispose of Contaminated Debris and Sediment from Pipes and Gatewells TON 115 $ 30.00 $ 3,450.00 $ 66.75 $ 7,676.25 $ 145.00 $ 16,675.00 13 M Remove and Dispose of Miscelleneous Debris and Sediment TON 100 $ 45.00 $ 4,500.00 $ 111.00 $ 11,100.00 $ 250.00 $ 25,000.00

14 N Remove and Dispose of Gate and Appurtenances and Cap Structure at Gatewell D (P) EA 1 $ 30,000.00 $ 30,000.00 $ 3,969.00 $ 3,969.00 $ 8,500.00 $ 8,500.00 Remove and Dispose of Gate and Appurtenances and Ca p St ructure at Gatewell D 15 N EA 1 Building (P) $ 45,000.00 $ 45,000.00 $ 2,441.00 $ 2,441.00 $ 45,000.00 $ 45,000.00

16 N Remove and Dispose of Gate and Appurtenances and Cap Structure at Gatewell E (P) EA 1 $ 30,000.00 $ 30,000.00 $ 2,723.00 $ 2,723.00 $ 9,500.00 $ 9,500.00

17 N Remove and Dispose of Gate and Appurtenances and Cap Structure at Gatewell F (P) EA 1 $ 30,000.00 $ 30,000.00 $ 4,238.00 $ 4,238.00 $ 9,500.00 $ 9,500.00

18 N Remove and Dispose of Gate and Appurtenances and Cap Structure at Gat ewell G (P) EA 1 $ 29,000.00 $ 29,000.00 $ 2,354.00 $ 2,354.00 $ 9,500.00 $ 9,500.00

19 N Remove and Dispose of Gate and Appurtenances and Cap Structure at Gatewell H (P) EA 1 $ 31,000.00 $ 31,000.00 $ 4,655.00 $ 4,655.00 $ 9,500.00 $ 9, 500.00

20 N Remove and Dispose of Gate and Appurtenances and Cap Structure at Gatewell N (P) EA 1 $ 26,000.00 $ 26,000.00 $ 2,858.00 $ 2,858.00 $ 9,500.00 $ 9,500.00

21 N Remove and Dispose of Gate and Appurtenances and Cap St ructure at Gatewell P (P) EA 1 $ 25,000.00 $ 25,000.00 $ 2,858.00 $ 2,858.00 $ 9,500.00 $ 9,500.00 22 0 Remove and Dispose of Gate an d all Components (MH 10 and MH 32) EA 2 $ 5,000.00 $ 10,000.00 $ 1,656.00 $ 3,312.00 $ 8,000.00 $ 16,000.00 Remove and Dispose of Wooden Weir and Metal Flap Gate (6th St Interceptor 23 p LS. 1 Chamber) $ 6,000.00 $ 6,000.00 $ 1,263.00 $ 1,263.00 $ 6,000.00 $ 6,000.00 24 Q Gatewell D Pump Station Building Demolition and Debris Disposa l/Recycle LS. 1 $ 95,000.00 $ 95,000.00 $ 5,337.00 $ 5,337.00 $ 25,000.00 $ 25,000.00 City of Sout h St. Paul Flood Control System Improvements STATION 0+00 TO STATION 139+90 Bid Opening September 10, 2013 at 3:30pm Bid Tab 9/10/2013

ECI (Engineering & Co nstruction Base Bid lametti & Sons, Inc. Meyer Contracting Innovatio ns, Inc.) Measurement and Estimated Item Payment Item Description Unit Quantity Unit Price Exte nsion Unit Price Extension Un it Price Extension 25 R Remove and Dispose of 42x46 Ell iptical RCP at Gatewell F L.S. 1 $ 2,500.00 $ 2,500.00 $ 3,842.00 $ 3,842.00 $ 7,000.00 $ 7,000.00 26 s Remove and Dispose of Grouted Ri prap C.Y. 5 $ 100.00 $ 500.00 $ 244.00 $ 1,220.00 $ 950.00 $ 4,750.00 Site Work and Utilities 27 T Earthwork Import Topsoil TON 400 $ 30.00 $ 12,000.00 $ 51.75 $ 20,700.00 $ 150.00 $ 60,000.00 28A yy Setup for Earthwork Repair Animal Burrows EA 36 $ 400.00 $ 14,400.00 $ 813.00 $ 29,268.00 $ 500.00 $ 18,000.00 28 u Ea rthwork Repair Animal Burrows by Excavation C.Y. 190 $ 50.00 $ 9,500.00 $ 182.00 $ 34,580.00 $ 325.00 $ 61,750.00 29 v Earthwork Repair Animal Burrows by Mud Packing C.Y. 10 $ 800.00 $ 8,000.00 $ 1,087.00 $ 10,870.00 $ 2,500.00 $ 25,000.00 30 w Earthwork Repair Miscellaneous Depressions and Slope Failures (P) C.Y. 365 $ 90.00 $ 32,850.00 $ 44.25 $ 16,151.25 $ 110.00 $ 40,150.00 31 X Dewat ering at Gatewe ll B EA 1 $ 56,000.00 $ 56,000.00 $ 49,243.00 $ 49,243.00 $ 35,000.00 $ 35,000.00 32 X Dewatering at Outfall B2 EA 1 $ 10,000.00 $ 10,000.00 $ 49,243.00 $ 49,243.00 $ 15,000.00 $ 15,000.00 43 X Dewatering at Gatewell C EA 1 $ 4,000.00 $ 4,000.00 $ 30,848.00 $ 30,848.00 $ 7,500.00 $ 7,500.00 33 X Dewatering at Gatewell D EA 1 $ 70,000.00 $ 70,000.00 $ 30,848.00 $ 30,848.00 $ 12,000.00 $ 12,000.00 34 X Dewatering at Gatewell E EA 1 $ 35,000.00 $ 35,000.00 $ 49,243.00 $ 49,243.00 $ 12,000.00 $ 12,000.00 35 X Dewatering at Grand Ave PS EA 1 $ 90,000.00 $ 90,000.00 $ 49,243.00 $ 49,243.00 $ 16,000.00 $ 16,000.00 36 X Dewatering at Stockya rd No rth PS EA 1 $ 87,000.00 $ 87,000.00 $ 52,526.00 $ 52,526.00 $ 12,000.00 $ 12,000.00 37 X Dewatering at Gatewe ll F EA 1 $ 30,000.00 $ 30,000.00 $ 30,848.00 $ 30,848.00 $ 16,000.00 $ 16,000.00 38 X Dewatering at Gatewe ll G EA 1 $ 15,000.00 $ 15,000.00 $ 30,848.00 $ 30,848.00 $ 16,000.00 $ 16,000.00 39 X Dewatering at Gatewell H EA 1 $ 12,000.00 $ 12,000.00 $ 30,848.00 $ 30,848.00 $ 10,000.00 $ 10,000.00 40 X Dewatering at Gatewe ll J EA 1 $ 18,000.00 $ 18,000.00 $ 30,848.00 $ 30,848.00 $ 12,000.00 $ 12,000.00 41 X Dewate ring at Gatewe ll K EA 1 $ 12,000.00 $ 12,000.00 $ 30,848.00 $ 30,848.00 $ 5,000.00 $ 5,000.00 42 X Dewatering at Gatewell L EA 1 $ 23,000.00 $ 23,000.00 $ 30,848.00 $ 30,848.00 $ 5,000.00 $ 5,000.00 43 X Dewatering at Gatewe ll M EA 1 $ 7,000.00 $ 7,000.00 $ 30,848.00 $ 30,848.00 $ 5,000.00 $ 5,000.00 44 y Clean Pipes L.F . 3084 $ 100.00 $ 308,400.00 $ 53.00 $ 163,452.00 $ 75.00 $ 231,300.00 45 z Televise Pipes (Gatewell A) L.S. 1 $ 1,500.00 $ 1,500.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 46 z Te levise Pipes (Gatewe ll B) L.S. 1 $ 700.00 $ 700.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 47 z Te levise Pipes (Gat ewe ll B2) L.S. 1 $ 1,700.00 $ 1,700.00 $ 1,137.00 $ 1,137.00 $ 8,400.00 $ 8,400.00 48 z Te levise Pipes (Gatewell C) L.S . 1 $ 400.00 $ 400.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 49 z Te levise Pipes (Gatewe ll D) L.S. 1 $ 400.00 $ 400.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 so z Televise Pipes (Gatewell E) L. S. 1 $ 400.00 $ 400.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 51 z Televise Pipes (Grand Ave PS) L.S. 1 $ 900.00 $ 900.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 52 z Te levise Pipes (St ockyard North PS) L.S. 1 $ 1,200.00 $ 1,200.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 53 z Televise Pipes (Gatewe ll F) L.S. 1 $ 500.00 $ 500.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 54 z Televise Pipes (Gatewell G) L.S. 1 $ 700.00 $ 700.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 55 z Televise Pipes (Gatewell H) L.S. 1 $ 600.00 $ 600.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 56 z Televise Pipes (Gatewell J) L.S. 1 $ 2,000.00 $ 2,000.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 57 z Televise Pipes (Gatewell L) L.S. 1 $ 900.00 $ 900.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 58 z Televise Pipes (Gatewell M) L.S. 1 $ 1,200.00 $ 1,200.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 City of South St . Paul Flood Cont rol System Improvements STATION 0+00 TO STATION 139+90 Bid Opening September 10, 2013 at 3:30pm Bid Tab 9/10/2013

ECI (Engineering & Construction Base Bid lametti & Sons, Inc. Meyer Contracting Innovations, Inc.) Measurement and Estimate d Item Payment Item Description Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension 59 z Televise Pipes (Gatewell N) L.S. 1 $ 300.00 $ 300.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 60 z Te levise Pipes (Gatewe ll P) L.S. 1 $ 600.00 $ 600.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 61 z Televise Pipes (Gatewell R) LS. 1 $ 900.00 $ 900.00 $ 1,137.00 $ 1,137.00 $ 3,650.00 $ 3,650.00 62 AA Bulkhead Existing Sewer (P) EA 15 $ 1,000.00 $ 15,000.00 $ 13.75 $ 206.25 $ 2,500.00 $ 37,500.00 63 BB Fill Pi pes and Structures with low Density Concrete (P) C.Y. 400 $ 175.00 $ 70,000.00 $ 106.00 $ 42,400.00 $ 265.00 $ 106,000.00 64 cc Fill Gatewell St ructures and Gatewell D Building with Granul ar Backfill (P) C.Y. 418 $ 50.00 $ 20,900.00 $ 68.75 $ 28,737.50 $ 265.00 $ 110,770.00 65 DD Install Salvaged Grating from Gatewell EA 4 $ 1,500.00 $ 6,000.00 $ 63 6.00 $ 2,544.00 $ 500.00 $ 2,000.00 66 EE Cut and Fill Vertical Utili ty Pipes EA 3 $ 1,000.00 $ 3,000.00 $ 856.50 $ 2,569.50 $ 1,200.00 $ 3,600.00 67 FF Reline Pipe - 72" CMP at Gatewell B L.F. 124 $ 850.00 $ 105,400.00 $ 800. 50 $ 99,262.00 $ 945.00 $ 117,180.00 68 FF Re lin e Pipe - 48" CMP at Gatewell C L. F. 133 $ 450.00 $ 59,850.00 $ 486.50 $ 64,704.50 $ 560.00 $ 74,480.00 69 FF Reline Pipe- 72" CMP at Gatewell J l.F. 213 $ 650.00 $ 138,450.00 $ 797.00 $ 169,761.00 $ 1,150.00 $ 244,950.00 70 FF Reline Pipe - 65"x40" Arch CMP at Gatewell R l.F. 157 $ 550.00 $ 86,350.00 $ 603.00 $ 94,671.00 $ 770.00 $ 120,890.00 71 FF Reli ne Pipe- 84" CMP at Grand Ave Pump Station L. F. 147 $ 900.00 $ 132,300.00 $ 854.00 $ 125,538.00 $ 970.00 $ 142,590.00 72 FF Reline Pipe - 72" CMP at Stockyard North Pump Station l.F. 155 $ 750.00 $ 116,250.00 $ 801.50 $ 124,232.50 $ 965.00 $ 149,575.00 73 GG Repa ir Crack (RCP) l.F. 39 $ 110.00 $ 4,290.00 $ 283.00 $ 11,037.00 $ 230.00 $ 8,970.00 74 GG Re pair Crack (F ioodwalls) l.F. 288 $ 100.00 $ 28,800.00 $ 283.00 $ 81,504.00 $ 60.00 $ 17,280.00 75 HH Crack Sealant GAL 30 $ 100.00 $ 3,000.00 $ 235.50 $ 7,065.00 $ 60.00 $ 1,800.00 76 II Surface Repair (RCP) S.F. 245 $ 70.00 $ 17,150.00 $ 156.00 $ 38,220.00 $ 75.00 $ 18,375.00 77 JJ Infiltration Point Repair (RCP) EA 20 $ 700.00 $ 14,000.00 $ 1,362.00 $ 27,240.00 $ 325.00 $ 6,500.00 78 KK Chemical Grout Void Fill GAL 202 $ 90.00 $ 18,180.00 $ 127.00 $ 25,654.00 $ 240.00 $ 48,480.00 79 l l Che mical Grout Spalling Repair (Flood wall joint spalling at STA 1+00) EA 1 $ 1,500.00 $ 1,500.00 $ 8,982.00 $ 8,982.00 $ 2,500.00 $ 2,500.00 Cast in Place Concrete Re pair (Gatewe lls land R; Stockyard and Grand Ave Pump 80 MM EA 5 Stations) $ 1,000.00 $ 5,000.00 $ 1,968.00 $ 9,840.00 $ 2,500.00 $ 12,500.00 81 NN Flood Wa ll Joint Se alant Repair L. F. 16 $ 120.00 $ 1,920.00 $ 354.00 $ 5,664.00 $ 65.00 $ 1,040.00 - 82 00 Pressure Test Joints of 66" RCP at Outfall B2 L. F. 770 $ 25.00 $ 19,250.00 $ 47.25 $ 36,382.50 $ 65.00 $ 50,050.00 Ins pect, Assess, and Cost Estimate for Hydraulic Gate (A, B, C, J, K, l , Gra nd Ave PS, 83 pp EA 11 Stockyard North PS) $ 11,000.00 $ 121,000.00 $ 2,870.00 $ 31,570.00 $ 6,500.00 $ 71,500.00 84 QQ Replace Hydraulic Gate at Gatewell M EA 1 $ 40,000.00 $ 40,000.00 $ 34,547.00 $ 34,547.00 $ 55,000.00 $ 55,000.00 85 RR Re habilitate Hydraulic Gate at Gatewell R EA 1 $ 35,000.00 $ 35,000.00 $ 7,142.00 $ 7,142.00 $ 18,400.00 $ 18,400.00 86 ss Riprap TON 150 $ 150.00 $ 22,500.00 $ 142.00 $ 21,300.00 $ 150.00 $ 22,500.00 87 n Grouted Riprap at Outfall C TO N 5 $ 250.00 $ 1,250.00 $ 341.00 $ 1,705.00 $ 1,100.00 $ 5,500.00 88 uu Aggregate Filter Blanket TO N 80 $ 80.00 $ 6,400.00 $ 136.00 $ 10,880.00 $ 130.00 $ 10,400.00 89 vv Gravel Blanket TON 95 $ 100.00 $ 9,500.00 $ 136.00 $ 12,920.00 $ 130.00 $ 12,350.00 90 ww Seeding ACRE 0.3 $ 30,000.00 $ 9,000.00 $ 5,739.40 $ 1,721.82 $ 15,200.00 $ 4,560.00 91 XX Disc-Anchored Straw Mulch ACRE 0.3 $ 10,000.00 $ 3,000.00 $ 5,739.40 $ 1,721.82 $ 15,200.00 $ 4,560.00 Total Base Bid $2,737,840.00 $2,213,888.89 $2,898,875.00 IBid Alternate Gates City of South St. Paul Flood Control System Improvements STATION 0+00 TO STATION 139+90 Bid Opening September 10, 2013 at 3:30pm Bid Tab 9/10/2013

ECI (Engineering & Construction Base Bid Lametti & Sons, Inc. Meyer Contracting Innovations, Inc.) Measurement and Estimated Item Payment Item Description Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension 92 QQ Replace Hydraulic Gate (New 18" Dia Flap Gate at Gatewell A} EA 1 $ 8,000.00 $ 8,000.00 $ 17,764.00 $ 17,764.00 $ 20,813.44 $ 20,813.44 93 QQ Replace Hydraulic Gate (New 72" Sluice Gate at Gatewells B, J) EA 2 $ 70,000.00 $ 140,000.00 $ 64,026.00 $ 128,052.00 $ 94,350.00 $ 188,700.00 94 QQ Replace Hydraulic Gate (N ew 48" Sluice Gate at Gatewells C, L) EA 2 $ 50,000.00 $ 100,000.00 $ 40,823.00 $ 81,646.00 $ 60,145.00 $ 120,290.00 95 QQ Replace Hydraulic Gate (New 54" Sluice Gate at Gatewell K) EA 1 $ 53,000.00 $ 53,000.00 $ 54,631.00 $ 54,631.00 $ 102,860.00 $ 102,860.00 96 QQ Replace Hydraulic Gate (New 84" Sluice Gate at Grand Ave PS} EA 1 $ 95,000.00 $ 95,000.00 $ 88,116.00 $ 88,116.00 $ 128,700.00 $ 128,700.00 97 QQ Replace Hydraulic Gate (New 72" Slu ice Gate at Grand Ave PS} EA 2 $ 72,000.00 $ 144,000.00 $ 69,034.00 $ 138,068.00 $ 99,500.00 $ 199,000.00 98 QQ Replace Hydraulic Gate (New 66" Slu ice Gate at Stockyard North PS} EA 2 $ 65,000.00 $ 130,000.00 $ 60,964.00 $ 121,928.00 $ 93,000.00 $ 186,000.00 Total Bid Alternate $670,000.00 $630,205.00 $946,363.44 N City Council Agenda Report ~ Date: October 7, 2013 r::w::~ Department: Engineering • Administrator: 5ftf

Agenda Item: Dakota County Storm Sewer Maintenance Agreement

Action to be considered:

Approve Resolution 2013-173 RESOLUTION APPROVING A MAINTENANCE AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF SOUTH ST. PAUL FOR STORM SEWER SYSTEMS.

Overview:

For many years Dakota County has handled the maintenance of the storm sewer system on county roadways on a case by case basis when a highway improvement project was undertaken. Now the County wishes to standardize those agreements from City to City and put them all in one document for each City. Additionally, the County has established a new cost sharing policy for many storm sewer system elements which to date had not been addressed in previous agreements.

The new agreement contains the following:

Purpose: Sets forth the rights & obligation of the City and County regarding the storm sewer system within County rights-of-way.

Term: Ongoing - until terminated by written notice by either part with one year notice. Work can start as soon as executed.

New Storm Systems: Can be installed in County right-of-way and cost share is negotiated by separate agreement.

Non-compensated Maintenance: City shall perform, at its sole costs, periodic inspections, cleaning and sediment removal from structures and pipes. County shall perfonn, at its sole costs, cleaning of gutters and storm sewer catch basins, grates, cleaning of ditches and culverts and periodic street sweeping. (In the case of South St. Paul, the City performs this work under separate contract and is compensated.)

Compensated Maintenance: New storm sewer systems, when included as part of a project on the County Capital Improvement Program, shall be paid as follows: • Repairs to catch basins & pipes connecting catch basins to mainlines shall be 80% County I 20% City. • Repairs to mainline pipes, storm treatment systems, manholes, control structures, outlet pipes, end treatments, detention/retention ponds shall Council Report- Maintenance Agreement October 7, 2013 Page 2 of2

be based on contributing flows. An 80% County I 20% City approximation can be used in lieu of full flow analysis. • City shall inventory and identify all storm sewer system elements needing repairs, and prepare plans for such repair as part of an overall County project. • City will be responsible for inspection of storm sewer repairs and replacements and all associated documentation. • If a repair is not included in the County CIP (urgent need or emergency), the work shall be completed by City & County staff with the City responsible for the storm system repairs and the County responsible for roadway repairs and traffic control. A further breakdown of cost sharing can follow emergency repairs.

The remainder of the items in the agreement are pretty standard and the entire agreement has been reviewed and approved by the City Attorney.

Source of Funds:

N/A City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2013-175

RESOLUTION APPROVING A MAINTENANCE AGREEMENT BETWEEN THE DAKOTA COUNTY AND THE CITY OF SOUTH ST. PAUL FOR STORM SEWER SYSTEMS

WHEREAS, the City Council has reviewed and considered an Assessment Appeal Waiver Agreement between Special School District No.6 and the City of South St. Paul for the maintenance of storm sewer system related to County Roadways, and other 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 form, terms and provisions of the Agreement and the transactions contemplated thereby be, and are, hereby approved.

2. That the approval hereby given includes approval of such modifications of the Agreement as may be necessary and appropriate and approved by the Mayor and the City Attorney prior to the execution of the Agreement.

3. That the Mayor and the City Clerk are hereby authorized and directed to execute and deliver the Agreement, as it may be modified pursuant to paragraph 2, above, in the name and on behalf of the City.

Adopted this ih day of October, 2013.

City Clerk Dakota County Contract# C0025403

MAINTENANCE AGREEMENT FOR STORM SEWER SYSTEMS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF SOUTH ST. PAUL

THIS AGREEMENT is made and entered into by and between the County of Dakota, hereinafter referred to as "County", and the City of South St. Paul, hereinafter referred to as "City".

WHEREAS, the parties desire to enter into an Agreement relating to the maintenance of Storm Sewer Systems located on County highways within the corporate limits of the City; and

WHEREAS, the City has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached City Council Resolution; and

WHEREAS, the County has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached County Board Resolution No. 13-445.

NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties ag ree as follows:

1. Purpose. The purpose of this Agreement is to define the rights and obligations of the parties with respect to the maintenance and repair of Storm Sewer Systems, in accordance with the Dakota County 2030 Transportation Plan, as adopted by the County Board of Commissioners on June 19, 2012, as that Plan may be amended from time to time, hereinafter referred to as "Transportation Plan". For purposes of this Agreement, "Storm Sewer Systems" means existing or future storm sewer systems under or along County highways, within County highway right of way, and outside County highway right of way which conveys or receives drainage from County highways, within the corporate limits of the City. Storm Sewer Systems include but are not limited to: catch basins, castings, pipes, manholes, control structures, outlet pipes, and end treatments. This Agreement supersedes all previously executed joint powers agreements relating to maintenance of Storm Sewer Systems on County highways within the City.

1 2. Term. This Agreement shall be in force and effect from the date of execution by all parties and shall continue in effect until terminated in accordance with the provisions herein.

3. Termination. This Agreement may be terminated by either party upon one-year written notice and execution of a subsequent maintenance agreement for Storm Sewer Systems agreeable to both parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation, which by its nature, would survive after the date of termination.

4. Construction of New Storm Sewer Systems. New Storm Sewer Systems may be constructed by the County or the City. Any design cost and construction cost responsibilities between the parties for a new Storm Sewer System will be determined according to each specific future project agreement. Design plans and specifications shall be duly approved by the representative of the County and City prior to future construction of any new Storm Sewer System covered by this Agreement.

5. Commencement of Maintenance. Maintenance of all existing Storm Sewer Systems will commence in accordance with the terms and conditions of this Agreement upon execution of this Agreement. Maintenance of new Storm Sewer Systems constructed by the County or the City will commence in accordance with the terms and conditions of this Agreement upon completion of construction and final payment to the contractor.

6. Non-Compensatory Routine Maintenance Terms. In accordance with the Transportation Plan, as it may from time to time be amended , the routine maintenance terms are as follows:

a. City Routine Maintenance. The City shall be responsible, at its sole cost, for routine maintenance of Storm Sewer Systems. Routine Maintenance is defined as: periodic inspections as determined and at a method chosen by the City, and cleaning and sediment removal from inside structures and pipes.

b. County Routine Maintenance. The County shall be responsible, at its sole cost, for the following :

i. Cleaning gutters and storm sewer inlet (catch basin) grates within the Co unty right of way.

2 ii. Cleaning drainage ditches and culverts within County right of way.

iii. Street sweeping or other cleanup methods as necessary on all County highways and for any illicit discharge into the Storm Sewer System from the County highway.

7. Compensatory Maintenance Terms.

a. Inclusion in County 5- Year Capita/Improvement Plan (CIP). For Storm Sewer System repair work to be eligible for County cost participation, projects must be included in the County's CIP. Generally, necessary Storm Sewer System repairs shall be made at the time of pavement resurfacing, road rehabilitation, or other improvement project identified in the County's CIP.

i. Cost Participation. The County and the City shall share the cost of repairs to catch basins and pipes connecting catch basins on County highways to mainline pipes at a rate of 80% and 20%, respectively.

The cost of repairs to mainline pipes and storm water treatment systems including manholes, pipes, control structures, outlet pipes, end treatments and detention and retention ponds shall be shared based on contributing flows. A rate of 20% County, 80% City may be used to approximate the contributing flows, or another method may be used to define a more exact rate if the County and City mutually agree prior to completing the work.

ii. Plans. The City shall be responsible for inventorying and identifying necessary Storm Sewer System repairs and preparing plans and specifications for the County's review and incorporation into the County Project plans. To the extent practicable, the County shall provide 12 months advance notice of such projects. The Storm Sewer System repairs shall be in accordance with City standards unless the City and County mutually agree on alternative repair specifications. By submitting a written request from the Authorized Representative, the City agrees to pay their share of Project costs in accordance with this Agreement.

iii. Inspection. The City shall be responsible for reasonable, on-site inspection during installation of new Storm Sewer Systems, or repairs, or replacement of

3 existing Storm Sewer Systems. Inspection shall include shop drawing review, daily quantities, daily inspection log, pay heights, and any as-built information the City collects, all in accordance with typical City standards and practices.

b. Urgent Repairs. Storm Sewer System repairs that are not included in the County's Cl P may be made as stand-alone projects to address immediate and urgent needs when determined as necessary by the County. Urgent repairs must be approved by both the City and the County prior to incurring any costs.

i. Work performed under contract. The County and the City shall share Storm Sewer System repair costs and responsibilities in accordance with sections 7. a. i. , 7. a. ii, and 7. a. iii.

ii. Work completed by County and City staff. The County shall generally be responsible for traffic control, bituminous pavement removal, excavation, and bituminous patching and the City shall generally be responsible for repair or replacement of castings, rings, structures, and pipes.

8. Cooperative. The County and the City shall cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner.

9. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting City as the employee of the County for any purpose or in any manner whatsoever.

10. Mutual Indemnification. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants, or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. It is understood and agreed that the

4 County's and City's liability is limited by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 or other applicable law.

11. Payment. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work.

12. Rights/Remedies. All remedies available to either party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The waiver of any default by either party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default unless stated to be such in writing and signed by Authorized Representatives of the County and the City.

13. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder.

14. Authorized Representatives. The County's Authorized Representative for the purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer, 14955 Galaxie Avenue, 3rd Floor, Apple Valley, MN 55124-8579, phone (952) 891-7100, or his successor. The City's Authorized Representative for the purpose of the administration of this Agreement is John Sachi, City Engineer, 125 Third Avenue North, South St. Paul, MN. 55075, (651) 554-3200, or his successor. All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing.

15. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Board or Council, and signed by Authorized Representatives of the County and the City.

5 16. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void , invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part(s) which are void , invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either part.

17. Final Agreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained.

[SIGNATURE PAGE TO FOLLOW]

N \Hrg/Jway\AGRMENn2013tStolm Setver Mamt Agr SSP C0025403 doc

6 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized representative.

CITY OF SOUTH ST. PAUL

RECOMMENDED FOR APPROVAL: By ______City Attorney Mayor

(SEAL) By ______City Clerk

Date______

COUNTY OF DAKOTA

RECOMMENDED FOR APPROVAL:

By:______County Engineer County Administrator

Date:______

APPROVED AS TO FORM:

Assistant County Attorney Date COUNTY BOARD RESOLUTION

No. 13-445 Date August 27, 2013

7 N City Council Agenda Report .W Date: October 7, 2013 j![j.~ Department: City Planner Administrator: ~r-r.~tc{ j

Agenda Item: Mathias First Addition Final Plat

Action to be considered: Consider adoption of Resolution 2013-179 which would approve a 2-lot final plat known as Mathias First Addition for the property at 391 Malden Street.

Background: At their September 23, 2013 meeting the City Council approved a Planned Unit Development (PUD) and Preliminary Plat which included a 19,000 square foot addition to the building at 391 Malden Street. The proposed Final Plat would take the 7 existing lots and combine them into 2 lots and would also simplify property descriptions. The proposed plat was submitted to Dakota County and MnDOT for review as per requirements. MnDOT has notified staff that the plat is acceptable. The Dakota County Plat Commission will review the matter at their October 7th meeting. Preliminary review from Dakota County indicated the only question was regarding snow storage on the west side of Lot 1, which is adjacent to the Concord Street sidewalk. There is an existing drainage and utility easement along that line which should accommodate the snow storage.

Planning Commission Recommendation: The Planning Commission held a public hearing on October 2, 2013 and at the conclusion of the public hearing recommended approval of the Final Plat known as Mathias First Addition for the property at 391 Malden Street (5-0).

Staff Recommendation: Staffrecommends approval ofthe proposed Final Plat for the property at 391 Malden Street subject to the conditions of approval as noted in Resolution 2013-179.

60 -Day Review Deadline: November 17, 2013 Source of Funds: n/a City of South St. Paul Dakota County, Minnesota

RESOLUTION NUMBER 2013-179

RESOLUTION RELATED TO ZONING: APPROVING A FINAL PLAT TO BE KNOWN AS MATHIAS FIRST ADDITION

WHEREAS, the City received an application from Mathias Die Company for a Final Plat that would combine the properties they owned into a 2-lot plat for the properties located at 334 Maltby Street, 929 Concord Street South, and 391 Malden Street, City of South St. Paul, Dakota County, Minnesota 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, the Planning Commission took action to recommend approval of the Final Plat at their October 2, 2013 meeting (5-0); and

WHEREAS, the City Council has considered the application at its regular City Council meeting on October 7, 2013, reviewed the recommendation of the Planning Commission and evaluated all other evidence presented for consideration; and

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. Final Plat. A Final Plat to be known as Mathias First Addition for the property located at 1949 Southview Boulevard, 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:

1. Final Plat (MSA Professional Services) dated 09/18/2013

B. Recording of the Final Plat. Building permits shall not be issued until the final plat, with any associated By-Laws, Covenants, and Agreements, have been recorded at the Dakota County Recorder's office. Resolution 20 13-180 Page 2 of2

C. 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), Minnesota Department of Transportation (MnDOT), Dakota County, and any other applicable regulatory agencies.

D. Driveway I Cross Access Easements. In the event of a sale of either the property at Lot 1 Mathias First Addition or Lot 2 Mathias First Addition to separate property owners, a driveway/cross access easement shall be recorded across both properties to allow the access as shown in the Site Plan/PUD drawings.

Adopted this 71h day of October, 2013

City Clerk Resolution 2013-167

Exhibit A:

Partial Legal Description I Parcels:

Parcel ID Number: 36-65820-14-1 52 Tax Description: PT OF LOTS 4-5-13-14 BLK 12 & PT OF LOT 15 BLK 14 & PT OF VACATED ALLEY MALDEN LN & CLINTON AVE ADJ LYING SE'LY OF A L RUN PAR WITH & 210FT SE'LY OF FOLDES L BEG AT PT ON S L SEC 27 1482. 1 OFT W OF SE COR NE'L Y AT ANGLE OF 42D30M1S FROM S SEC L 600FT & THERE TERM & EX E'LY 38.7 FT OF LOT 15 BLK 14 Lot and Block: 15 14 Plat: S S P SYNDICATE PARK

ParceiiD Number: 36-65820-13-053 Tax Description: ALL OF LOTS 6 THRU 12 BLK 12 & ALL OF LOTS 1 THRU 5 BLK 13 & PT OF MALDEN LN LY BET B 12 & B 13 & VAC ALLEY ADJ EX PT LYING E'LY OF A LINE38.7 FTW&PARR TOE L OF SSP SYNDICATE PARK & EX PT OF LOT 8 BLK 12 LY S'LY OF A LINE BEG AT PT ON S L BLK13 146.62FT W OF SECOR W 120FT NE'LY E'LY & SE'LY ON NON-TANG CUR CONCAVE TO S RAD 60FT 188.5FT TO BEG & THERE TERM & PT OF VAC MALTBY AVE ADJ SUBJ TO PARCEL 6 DAKOTA CO RfW MAP 293A Lot and Block: 5 13 Plat: SSP SYNDICATE PARK

ParceiiD Number: 36-65820-13-073 Tax Description: ALL OF LOT A & ALL OF LOTS 6 & 7 BLK 13 EX PT LY E'LY OF A LINE 38.7FT W & PARR TOE LINE OF SSP SYNDICATE PARK & EX PT LOTS 6 & 7 BLK 13 IN FOLDES BEG AT PT ON S L BLK 13 146.62FT W OF SECOR W AL S L BLK 13 & ITS W'LY EXT 120FT NE'LY E'LY & SE'LY ON NONTANG CUR CONCAVE TO S RAD 60FT & CEN ANG 180D 188.5FT TO BEG & THERE TERM & PT OF VACATED MALTBY AVE ACCRUING THERETO Lot and Block: 7 13 Plat: SSP SYNDICATE PARK

ParceiiD Number: 36-71500-10-070 Tax Description: ALL OF LOTS 1 THRU 7 BLK 10 & VAC ALLEY IN BLK 10 & PT OF VAC MALTBY AVE ACCRUING THERETO & VAC 50FT UNNAMED STREET ADJ TO E'LY LINE SAID BLK 10 Lot and Block: 7 10 Plat: SPRING PARK ADDITION Resolution 2013-167

Exhibit A (continued):

ParceiiD Number: 36-65820-14-151 Tax Description: ALL OF LOTS 1 THRU 6 & LOT A BLK 13 & LOT 15 BLK 14 & VACATED CLINTON ST ADJ LYING E'LY OF A LINE 38.7FT W & PARR TO E LINE OF SSP SYNDICATE PARK Lot and Block: 15 14 Plat: SSP SYNDICATE PARK

ParceiiD Number: 36-03400-01-030 Tax Description: PT ABANDONED 100FT RR RM/IN NE 1/4 NE 1/4 BEG INTER- SECTION OF W LINE OF RM/ & N LINE OF MALDEN ST NW ON W LINE TO N LINE OF SECTION E 80FT TO LINE PARR WITH & 20 FT W OF E RM/ LINE SE'LYON PARR LINE TO PT 80 FT NW'LY OF ITS INTERSECTION WITH E'LY EXT OF N LINE MALDEN ST THENCE SW'L Y TO PTOF BEG Lot and Block: 34 28 22 Plat: SECTION 34 TWN 28 RANGE 22

ParceiiD Number: 36-02700-01-030 Tax Description: PT ABANDONED 100 FT RR RM/IN SE 1/4 SE 1/4 LYING E OF BLK 14 SSP SYNDICATE PARK & W OF LI NE PARR W ITH & 20 FT W OF E'LY RM/ LINE & N OF S SECTION LINE & S OF LINE 210FT SE'LY OF AND PARR WITH FOLLOWING DES LINE: BEG AT PT ON S LI NE OF SEC 27 1482.10 FT W OF SE COR THENCE N E'L Y 42D30M 1S 700 FT AND THERE TERMINATING Lot and Block: 27 28 22 Plat: SECTION 27 TWN 28 RANGE 22 Planning Commission PC Agenda Meeting Date: City of South St. Paul Item: Wednesday, - Planning Commission Report 3.8 October 2, 2013 --·

Project Name: Mathias Die Final Plat Site Address: 391 Malden Street I PID: multiple PID's Applicant: Mathias Die Company Request: Consider the requested 2-lot Final Plat Proceeding: Public Hearing I Planning Commission Recommendation Tentative City Council October 7, 2013 Meeting Date: Deadline: November 17, 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 period beyond the 120 days but only with the applicant's consent. Exhibits: A. Location map, E;*istiR§ Matt:lias Qie PbJQtPre. Plat (Res. ~Q~ 3 Hi7) B. CorrespoRdeRee from Rei§t:lboriRg property owRers (none) C. Materials submitted by the applicant

BACKGROUND At their September 23, 2013 special meeting the City Council approved the PUD and Preliminary Plat for a proposed 19,000 square foot addition to the building at 391 Malden Street. The Plat, to be known as Mathias First Addition, combined the 7 parcels that Mathias owns which include the main Mathias building located at 391 Malden Street, the small storage building located at 334 Maltby, and the other manufacturing building operated by Mathias at 929 Concord Street. The proposed Final Plat corrects some of the issues noted on the Preliminary Plat and would become the property description for these parcels.

In 1991 the property received a finding of compatible use for the construction of a manufacturing/office building in what was thought to be an HI: Heavy Industrial zoning district. It was later discovered that the building was in the Ll : Light Industrial zoning district which required a Special Use Permit (archaic version of a CUP) for the use. An SUP was granted for the property on October 7, 1991 subject to conditions which included parking, stacking, and driveway areas to be bituminous, a drainage plan, and a landscaping plan.

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Page 1 of4 Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North Interstate 494 ROW ROW Interstate 494 ROW Heavy Industrial Light Industrial I 1: Industrial I (truck salvage yard) I South Light Industrial 1: Industrial Light Industrial Office/mfg. bldg ... Heavy Industrial East Light Industrial 1: Industrial (tannery, hide, and tank storage) West Concord Street ROW ROW Concord St ROW Subject Property Site Data Future Land Use Plan Light Industrial ("494 Corridor'') Existing Land Use Industrial (manufacturing - Mathias Die) Zoning 1: Industrial Property Size 4.56 acres (198,634square feet) TOTAL Topography Relatively flat

EVALUATION OF THE REQUEST

A. FINAL PLAT

Following are standards from the City's Zoning and Municipal Codes which apply to specifically to the proposed Final Plat:

1. Lot Size: The minimum lot size in the Industrial District is 1 acre (43,560 square feet). Both lots would meet or exceed the minimum lot size since as the previously proposed parcels for the 334 building and 391 building have been combined.

Minimum Lot Size Lot Industrial Dist. Criteria Proposed Plat:

(Acres) (Acres/Square Feet)

1 1 Acre 1.43/ (62,436) (929 bldg.) 2 (391 bldg. and 1 Acre 3.27 I (142,654) 334 bldg.)

2. Right-of-Way Dedication/Easements: The proposed final plat would include drainage and utility easements of approximately 10 feet around the borders of each of the lots. A drainage and utility easement would also cover the southern area of Lot 2 where the pond would be located. The northern end of the cul-de-sac is City owned property but was not dedicated right-of-way. The proposed plat corrects that issue but dedicating that portion of the property as part of Messer Avenue.

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Page 2 of4 The properties are currently under the same ownership. However, if the 929 Concord Street building were ever to be sold then a driveway I cross access easement would be needed for the paved area west of the addition to the 391 Malden Street building. This area provides access to the parking area for 391 , rear docks for 391 , and the service drive docks for 929 Concord Street. Therefore, if the property were ever sold an easement would be needed to allow this same access This cannot be shown on the plat and would need to done if the properties are sold to different owners as a single owne·r for both properties wo-uld not need to grant themself an easement. ·

3. Park Dedication: The platting would consolidate property rather than create new lots for development. Additionally the development that is proposed is building remodeling and additions, not new separate structures. Therefore the park dedication requirements would not apply to this proposed plat.

4. Access: All of the buildings will pull their parking lot/driveway access from a publicly dedicated right-of-way, consistent with City Code.

5. Plat Review Comments: The following are comments received regarding the plat from applicable agencies:

a. Initial review from Dakota County recommended dedicated right-of-way along the west side of the plat to provide for snow storage east of the sidewalk. The area here has an existing chain link fence but there is also and drainage and utility easement in that area that should serve the same purpose. If necessary that area could be shown to include the right-of-way easement. The Dakota County Plat Commission would review the plat at their October 71h meeting.

b. MnDOT questioned whether a drainage permit would be necessary and requested grading and drainage plans to better determine whether that would be necessary. If necessary the applicant would be required to obtain drainage permits from MnDOT prior to commencing work.

B. Public Correspondence I Correspondence from Neighboring Property Owners:

(None)

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 Final Plat for Mathias Addition subject to the following conditions:

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Page 3 of4 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) Final Plat (MSA Professional Services) dated 09/18/2013

2) Recording of the Final Plat. Building permits shall not be issued until the final plat, with any associated By-Laws, Covenants, and Agreements, have been recorded at the Dakota County Recorder's office.

3) 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), Minnesota Department of Transportation (MnDOT), Dakota County, and any other applicable regulatory agencies.

4) Driveway I Cross Access Easements. In the event of a sale of either the property at Lot 1 Mathias First Addition or Lot 2 Mathias First Addition to separate property owners, a driveway/cross access easement shall be recorded across both properties to allow the access as shown in the Site Plan/PUD drawings.

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.

• Denial of the Final Plat of Mathias Addition; for the following reasons:

1.

STAFF ANALYSIS The proposed plat is consistent with the recommendations from the approval of the Planned Unit Development (PUD) and Preliminary Plat. The recommendations for removal of the billboard signs and the combination of 2 of the lots have been complied with.

STAFF RECOMMENDATION

Staff recommends approval of the proposed Final Plat subject to the conditions of approval noted above.

Respectfully Submitted,

PeU~t~~ Peter Hellegers, City Planner

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Page4 of4 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/20/2013 !Ill: ~ li ¥ ~ w· •~ t ~ cl ~: ~ !~fl ~~~ I Hi ~~ ~~~~ : ~~ !IH ~ ~~~ 2 ~~~~ . ~ : h :~. ~ I 0 r ~~ - · ·:·· .: w; ~ ~ ~~i!m ~· 1 ·· ·; ,e~~lj § ~~ ~ ~ . ~§ ~t ~~ ~ 'tl2 ! il ~~h ~~!d ~ ~i •· ___. e( ~ h:2~~~ li i ~~~li§ g' hh ~~ ~Eli 0 • i ~

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1 I I I M City Council Agenda Report .W Date: October 7, 2013 111 Department: City Planner -='• Administrator: ._5'f'(\'

Agenda Item: Crnobrna Fence Variance

Action to be considered: Consider adoption ofResolution 2013-180 which would approve 2.5 foot fence height variance for the property at 1949 Southview Boulevard.

Background: The property at 1949 Southview Boulevard is located at the southeast comer of the intersection of Southview Boulevard and 20th Avenue South. The property has a unique shape due to the previous roadway configuration and a unique building orientation (likely caused by the lot shape). These features leave a small area of usable yard area. Additionally, due to the location there is also little to no privacy afforded to the property. The applicant has requested a 2.5 foot fence height variance to allow a 6-foot high privacy fence in the location of the current chain link fence. The applicant has stated that the proposed fence would allow more private yard area which would allow them install a play structure in a more secure environment.

Planning Commission Recommendation: The Planning Commission held a public hearing on October 2, 2013 and at the conclusion of the public hearing recommended approval of the 2.5 foot fence height Variance subject to the conditions of approval from the staff report, for the property at 1949 Southview Boulevard (5-0).

Staff Recommendation: Staff recommends approval of the proposed fence height variance for the property at 1949 Southview Boulevard subject to the conditions of approval as noted in Resolution 2013-180.

60 -Day Review Deadline: November 17, 2013 Source of Funds: n/a City of South St. Paul Dakota County, Minnesota

RESOLUTION NUMBER 2013-180

RESOLUTION RELATED TO ZONING: APPROVING A 2.5 FOOT FENCE HEIGHT VARIANCE FOR THE PROPERTY AT 1949 SOUTHVIEW BOULEVARD

WHEREAS, the City received an application from Katelyn Cmobma for a fence height variance of 2.5 feet to allow a 6-foot tall fence in an area that the City Code would only allow a fence of3 .5 feet, for the property located at 1949 Southview Boulevard, City of South St. Paul, Dakota County, Minnesota legally described as follows:

The North 25 feet of Lot 29 and all of Lot 30, Block 29, OAK VIEW ADDITION

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 Variance at their October 2, 2013 meeting (5-0); and

WHEREAS, the City Council has considered the application at its regular City Council meeting on October 7, 2013, reviewed the recommendation of the Planning Commission and evaluated all other evidence presented for consideration; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the 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. Variance. A fence height variance of2.5 feet for a 6-foot tall fence for the property located at 1949 Southview Boulevard, 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, in the reasonable opinion of the City Council, with the application, narratives, and with the following plans on file with the Engineering Department:

1. Application/Narrative (K. Crnobrna) dated 09/04/2013 2. Site Plan (K. Crnobrna) dated 09/04/2013 Resolution 2013-180 Page 2 of2

B. Building Permits Required. Building Permits are required for the proposed improvements. All building plans and specifications are subject to the review and approval of the City Building Official and South Metro Fire Marshal.

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. Recording of the Variance. The applicant shall have the Variance recorded at the Office of the Dakota County Recorder and shall provide the City with a copy of the recorded Variance.

E. Termination of the Variance. The variance will terminate if improvements have not substantially begun within 1-year from the date of approval of the variance. The violation of any condition of approval for the variance shall terminate the variance. The property must be continually operated for use specified in the Variance to remain valid. If the property is not used for the use listed in this Variance for a period of 1-year then the Variance shall terminate.

Adopted this 7th day of October, 2013

City Clerk Planning Commission PC Agenda Meeting Date: City of South St. Paul Item: Wednesday, - Planning Commission Report 3.A October 2, 2013 i'£-{1•

Project Name: Crnobrna Fence Variance Site Address: 1949 Southview Boulevard I PID: 365360009300 Applicants: Katelyn Crnobrna Request: Consider the request for a variance to allow a 6-foot high privacy fence where the Code would only allow a fence to be 3.5 feet high. Proceeding: Public Hearing I Planning Commission Recommendation Tentative City Council November 2, 2013 Meeting Date: Deadline: October 7, 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 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 applicant has an odd shaped property located at the southeast corner of 20th Avenue Southeast and Southview Boulevard. The house, which was built in 1957, is oriented toward Southview Boulevard and is located on the eastern portion of the lot (closer to the location for the alley right-of-way [though an alley was never built in this location]). The garage also faces Southview Boulevard and is located to the west of the house. The "front" of the lot in the definition of the City Code would be the west side of the property (20th Avenue South). The road right of way for 20th/Southview also takes up more space than is typical adjacent to the property, leaving the subject property with an odd shape.

The applicant has requested a 6-foot tall privacy fence in essentially the same location as the existing chain link fence. The applicant has stated that the proposed fence would provide some privacy and potentially some security on that very busy corner. The fenced area would allow the applicants to have a decent area for a play structure for small children.

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Page 1 of5 Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use Detached Single Family North Low Density Residential R-1: Single Family Residential Residential Detached Single Family South Low Density Residential R-1: Single Family Residential Residential Detached Single Family East Low Density Residential R-1 : Single Family Residential Residential Detached Single Family West Low Density Residential R-1: Single Family Residential Residential Subject Property Site Data Future Land Use Plan Detached Single Family Residential Existing Land Use Detached Single Family Residential Zoning R-1: Single Family Residential Property Size .16 acres (6,970 square feet) Topography Relatively flat

ZONING SUMMARY:

Bulk Requirements Proposed (existing)

EVALUATION OF THE REQUEST

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Page2 of5 A. VARIANCE Following are standards from the City's Zoning Code that apply to specifically to the application. 1. Zoning The zoning for the property is R-1 : Single Family Residential. The house and garage are located toward the eastern side of the property and oriented toward Southview Boulevard. However, due to the orientation of the property the usable yard area is technically in "front yard" of the house, west of the house and garage. Additionally, due to the odd shape of the property there is only a small portion of the property that is usable yard area. The applicant is proposing to enclose their yard with a 6-foot tall privacy fence, however, some of that usable yard area.

2. Correspondence from Neighboring Property Owners One e-mail was received from the occupant of 217 20th Avenue South which stated that provided the fence did not obstruct the view of traffic at the intersection then they were not opposed.

3. Variance Findings 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 that 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. The 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 m. 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 in the neighborhood, already has adequate utilities, and as an existing building has adequate ingress and egress.

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Page 3 of5 ALTERNATIVES The Planning Commission has the following actions available on the proposed application:

A. Approval. If the Planning Commission has review the application and determined that the application is consistent with the Variance findings (see p.3-4 of this report), then staff would recommend the following conditions for a recommendation for approval:

• Approval of the 2.5 foot fence height Variance for the property located at 1949 Southview Boulevard, subject to the following conditions

1) Compliance with Plan 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) ApplicationiNarrative (K. Crnobrna) dated 09/04/2013 b) Site Plan (K. Crnobrna) dated 09/04/2013 2) Building Permits Required. Building Permits are required for the proposed improvements. All bu ilding plans and specifications are subject to the review and approval of the City Building Official and South Metro Fire Marshal.

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) Recording of the Variance. The applicant shall have the Variance recorded at the Office of the Dakota County Recorder and shall provide the City with a copy of the recorded Variance.

5) Termination of the Variance. The variance will terminate if improvements have not substantially begun within 1-year from the date of approval of the variance. The violation of any condition of approval for the variance shall terminate the variance. The property must be continually operated for use specified in the Variance to remain valid. If the property is not used for the use listed in this Variance for a period of 1-year then the Variance shall terminate.

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.

• Denial of the 2.5 foot fence height Variance for the property located at 1949 Southview Boulevard, for the following reasons:

STAFF ANALYSIS The subject property doesn't appear to have much usable yard area with only a little to the east of the house and then the larger area to the west of the garage. Therefore the

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Page4 ofS proposed location of a play structure and a larger fence height seems to make sense. The odd shape of the lot and the extremely high level of traffic at that corner, combined with the odd orientation of the structures on the lot combine to provide a situation which is unique relative to other properties in the area. Add itionally, as the test is for practical difficulty it would appear that the proposed fence variance would meet that standard.

STAFF RECOMMENDATION Staff recommends approval of the 2.5 foot fence height variance on the property located at 1949 Southview Boulevard, subject to the conditions listed in this report.

Respectfully Submitted, Pauf!~ Peter Hellegers, City Planner

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Page 5 ofS 1949 Southview Blvd .

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I I >( I I F I 21 7 20TH AVE S I 9J- I I .~ N City Council Agenda Report Date: October 7, 2013 Department: City Planner Administrator: se/~

Agenda Item: Pomp's Tire Exterior Storage IUP

Action to be considered:

Consider adoption of Resolution 2013-181 which would approve an Interim Use Permit for exterior storage of2 semi-trailers on the property at 575 Hardman Avenue South.

Overview:

At their September 16, 2013 the City Council accepted the withdrawal of an application from Pomp's Tire Service for a CUP to allow exterior storage. At the same meeting the Council approved a site plan for a 10,000 square foot addition to the north side of the building (the side closest to Verderosa Avenue). Pomp's has returned with an application for an Interim Use Permit to have the same exterior storage of2 semi-trailers on the east side of the building, and with a 10-year term for the IUP. The building and building addition adequate screening from the north and west sides of the property. Coniferous trees approved through the landscaping plan would provide screening from the east, where the trailers may otherwise be visible from the 494 exit ramp.

Planning Commission Recommendation:

The Planning Commission held a public hearing on October 2, 2013 and at the conclusion of the public hearing recommended approval of the Interim Use Permit for exterior storage (5-0) subject to the conditions of approval as proposed in the staff report to the Planning Commission.

Staff Recommendation:

Staff recommends approval of the Interim Use Permit for exterior storage subject to the conditions of approval as noted in Resolution 2013-181.

60 -Day Review Deadline: November 9, 2013 Source of Funds: n!a City of South St. Paul Dakota County, Minnesota

RESOLUTION NUMBER 2013-140

RESOLUTION RELATED TO ZONING: APPROVING AN INTERIM USE PERMIT FOR EXTERIOR STORAGE AT 575 HARDMAN AVENUE

WHEREAS, the City received an application from Pomp' s Tire for an Interim Use Permit for exterior storage of two semi-trailers, for the property located at 575 Hardman Avenue City of South St. Paul, Dakota County, Minnesota 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, the Planning Commission took action to recommend approval of the Interim Use Permit at their October 2, 2013 meeting (5-0); and

WHEREAS, the City Council has considered the application at its regular City Council meeting on October 7, 2013, reviewed the recommendation of the Planning Commission and evaluated all other evidence presented for consideration; and

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. Interim Use Permit. An Interim Use Permit for the exterior storage of two (2) semi­ trailers for the property located at 575 Hardman Avenue 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:

1. Application I Narrative (Pomp's Tire) dated 07/15/2013 2. Preliminary Plans (Michael Stanula) dated 07/29/2013

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. Revised lighting plans showing the Resolution 2013-181 Page 2 of2

removal of the wall pack lights shall be submitted to the City Planner for review and approval.

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. Parking on Hard-Surfaced Areas Only. All off-street driveway and parking areas, including the proposed area for the exterior storage of the semi-trailers, must be hard-surfaced (concrete or asphalt), and perimetered with integral concrete curbing.

E. 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.

F. Compliance with Laws and Approvals. The property must remain compliant with all federal, state, and local laws and ordinances and all prior City approvals.

G. Exterior Storage Limited to the Designated Area. No exterior storage shall occur outside of the designated areas.

H. Term of the Interim Use Permit. The term of the Interim Use Permit shall be from October 7, 2013 through December 31, 2023.

I. Termination of the Interim Use Permit. The violation of a condition of approval shall terminate the Interim Use Permit.

Adopted this 7th day of October, 2013

City Clerk Legal Descriptions for Pomp's

That part of Government Lot 6 and Government Lot 7, Section 26, Township 28 North, Range 22 West, Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said Government Lot 7; thence on an assumed bearing of North, along the west line of said Government Lot 7, a distance of 120.00 feet; thence East a distance of 75.22 feet to the point of beginning of the land to be described; thence South 0 degrees 06 minutes 22 seconds West a distance of 360.11 feet; thence South 44 degrees 31 minutes 08 seconds East a distance of71.17 feet; thence South 89 degrees 08 minutes 38 seconds East a distance of 290.03 feet thence North 0 degrees 06 minutes 22 seconds East a distance of 415.19 feet; thence West a distance of 340.00 feet to the point of beginning;

Which is contained within said Government Lot 6 of Section 26, Township 28 North, Range 22 West.

(Abstract Property; 36-02600-62-013)

That part of Government Lot 6 and Government Lot 7, Section 26, Township 28 North, Range 22 West, Dakota County, Minnesota, described as follows: Commencing at the southwest corner of said Government Lot 7; thence on an assumed bearing of North, along the west line of said Government Lot 7, a distance of 120.00 feet; thence East a distance of75.22 feet to the point of beginning of the land to be described; thence South 0 degrees 06 minutes 22 seconds West a distance of360.11 feet; thence South 44 degrees 31 minutes 08 seconds East a distance of71.17 feet; thence South 89 degrees 08 minutes 38 seconds East a distance of290.03 feet thence North 0 degrees 06 minutes 22 seconds East a distance of 415.19 feet; thence West a distance of 340.00 feet to the point of beginning; which is contained within said Government Lot 7 of Section 26, Township 28 North, Range 22 West.

(Torrens Property; 36-02600-62-014) Planning Commission PC Agenda Meeting Date: City of South St. Paul Item: Wednesday, - Planning Commission Report 3.C October 2, 2013 -

Project Name: Pomp's Tire - Exterior Storage Interim Use Permit (I UP) Site Address: 575 Hardman Ave. S. I PID: 360260062014 360260062013 Applicant: Pomp's Tire Service, Inc. Request: Consider the request for an IUP to allow the exterior storage of 2 semi- trailers on the east side of the building. Proceeding: Public Hearing I Planning Commission Recommendation Tentative City Council October 21 , 2013 Meeting Date: Deadline: November 9, 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 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 Pomp's Tire recently began operating in the former Goodyear Tire retread plant located at 575 Hardman Avenue South. After discussion with staff regarding the exterior storage of two semi­ trailers the applicant submitted an application for a Conditional Use Permit for exterior storage. The trailers would house rubber shavings and scrap tires from the retread plant. These trailers would be switched out bi-weekly. Subsequently, the applicant proposed a building addition of approximately 10,000 square feet for cold storage/warehousing which was approved by the City Council at their September 161h meeting. Additionally, the approved addition is staggered somewhat to provide unfettered access into the site while trucks are loading/unloading

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Page 1 of5 Direction Future Land Use Plan Zoning Existing Land Use

North Light Industrial 1: Industrial

South ROW: 1-494 ROW: 1-494 ROW: 1-494 East Light Industrial 1: Industrial Vacant Industrial West innesota Coach

ZONING SUMMARY: Bulk Requirements Required Pro

15 51 +6 semi-parking spaces

EVALUATION OF THE REQUEST

A. CONDITIONAL USE PERMIT The code review has been divided into categories to simplify the review.

1. Use: The Interim Use Permit (IUP) is similar to a Conditional Use Permit in that it allows a use that is not permitted by right and therefore requires the City to consider certain findings. However, an Interim Use is only contemplated for a limited period of time that would terminate on a specific date or with a specific event. The intent of both the IUP and CUP is to ensure that the proposed use is generally compatible with all other uses in the district where it is located but should not be permitted as a matter of

U:\City Planner\Plann ing Cases\2013\10-02-13 PC Report - Pomps Tire !UP- 575 Hardman Ave S.doc

Page 2 of5 right in every area within the district because of special circumstances that the use or location may present.

Interim Use Permit Findings The applicant is seeking an Interim Use Permit (IUP) for exterior storage of 2 semi­ trailers for storing rubber shavings and scrap tires used in the retread process. City 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:

./ The use conforms to the zoning regulations . ./ The date or event that will terminate the use can be identified with certainty. ./ 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. ./ 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 exterior storage would be allowed as a Conditional Use in the Industrial zoning district. Second, the use will terminate by December 31 , 2023. Third, the permit would not impose additional costs should it be necessary to acquire the property, the proposed exterior storage is two trailers that can be can be moved. Finally, the conditions are listed in staff's recommendation and would be incorporated into the resolution to approve the Interim Use Permit.

The City should also take into account the Conditional Use Permit findings to ensure that the use is consistent with the City Code. 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.

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Page3 of5 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 proposed exterior storage area should be screened and the semi-truck parking spots should be located at the rear instead of out along Hardman Avenue.

2. Screening: Any rooftop mechanical operating equipment will need to be screened from adjacent public streets and neighboring properties. Screening will need to be provided around the exterior storage of the 2 trailers. A landscaping plan that was approved as part of the Site Plan approval for the new building showed coniferous trees on the east side of the property that would provide better screening from 494 and for most of the exit ramp.

3. Public Correspondence I Correspondence from Neighboring Property Owners: Following is a summary of comments received before May 31 51 which have been included as an attachment. (none)

ALTERNATIVES

The Planning Commission has the following actions available on the proposed application:

A. Aooroval. 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 exterior storage of 2 semi-trailers for the property located at 575 Hardman Ave.; 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 I Narrative (Pomp's Tire) dated 07/15/2013 b) Preliminary Plans (Michael Stanula) dated 07/29/2013

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. Revised lighting plans showing the removal of the wall pack lights shall be submitted to the City Planner for review and approval.

3) 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.

4) Parking on Hard-Surfaced Areas Only. All off-street driveway and parking areas, including the proposed area for the exterior storage of the semi-trailers, must be hard-surfaced (concrete or asphalt), and perimetered with integral

U:\Cily Planner\Pianning Cases\2013\ 10-02-1 3 PC Report - Pomps Tire !UP - 575 Hardman Ave S.doc

Page4 of5 concrete curbing.

5) 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.

6) Compliance with Laws and Approvals. The property must remain compliant with all federal, state, and local laws and ordinances and all prior City approvals.

7) Exterior Storage Limited to the Designated Area. No exterior storage shall occur outside of the designated areas.

8) Term of the Interim Use Permit. The term of the Interim Use Permit shall be from October 7, 2013 through December 31 , 2023.

9) Termination of the Interim Use Permit. The violation of a condition of approval shall terminate the Interim Use Permit.

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 and exterior storage would be consistent with the general purpose and intent of the Zoning Code. Staff believes that the exterior storage done through an Interim Use Permit is preferable as opposed to a CUP , in that the IUP would have an end date (i.e. 10 years, etc.) and would still provide the applicant flexibility by allowing for possible extension. The Comprehensive Plan does talk about trying to decrease exterior storage in the 494 Corridor area where this property is located. The Zoning Code also does allow for exterior storage through a CUP or I UP.

STAFF RECOMMENDATION

Staff recommends approval of the proposed IUP and Site Plan for the exterior storage of 2 semi-trailers for the property at 575 Hardman Avenue subject to the conditions of approval noted above.

Respectfully Submitted,

PeM~~ Peter Hellegers, City Planner

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Page 5 ofS 575 Hardman Ave. S.

I Appx .:r{~ 1storage ··~ lj :~··· 575. b

Ramp from 494

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= 151 feet j verification. Dakota County assumes no legal responsibility for the information contained in this data. 9/20/2013 " N c,

Date: 9/11/2013

To: South St. Paul City Council

Cc: City Planner: Peter Hellegers, City Engineer: John Sachi

Pomp's Tire Service South St. Paul would like to withdraw the request for our current application of the Conditional Use Permit (CUP) for the use of the 2 recycling trailers on our property at 575 Hardman Ave effective 9/11/2013.

We will be applying for an Interim Use Permit (I UP) at a later date. We feel that this would benefit Pomp's Tire Service as well as all parties involved in the near and the distant future.

Thankyou, / 9~/;£__ Dan Johnson

Location Manager

Pomp's Tire Service

575 Hardman Ave

South St. Paul, MN. 55075

Phone 650-457-3300

Cell 612-685-9240

Fax 651-457-1055

Email [email protected]

On the web www.pompstire.com RECEIVED c. JU L 15 2013 2.

Page 1

Date: July 15, 2013

To: City of South St. Paul office of the City Planner

This Warehouse addition will be used for the storage of finished product retreads that are produced at our retread facility here at 575 Hardman Ave. as well as new and used tires.

And to also explain the SUi! f"f :tJ?e? ::lirapplied for.

2 - 53' trailers will be kept on the premises at all times on the east side of the building that will sit on the 20' x 65' concrete pad.

1-53 foot trailer will be used for collection of rubber shavings from the retread plant and will be switched out by-weekly for recycling.

1 -53 foot trailer will be used for scrap tires from the retread plant as well as from the service department and will be switched out bi-weekly for recycling.

Pomp's tire service based out of Green Bay, Wisconsin is an independent truck tire dealer that owns and operates 80 locations with 12 award winning retread plants primarily in t he upper Midwest 5 state area, 41ocations and 2 retread plants are located in the Twin Cities metro area.

Th e Pomp's Tire Service South St. Paul location employs approximately 20 associates combined between sa les, service and manufacturing. Thank you for your time and attention to this matter. Page 2

Dan Johnson

Manager

Pomp's Tire Service

575 Hardman Ave

South St. Paul, MN. 55075

Phone: 651-457-3300

Cell: 612-685-9240

Fax: 651-457-1055

Email: [email protected]

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Agenda Item: Electrical Inspections Agreement with Patrick McMullen

Action to be considered:

Motion to approve Resolution No. 2013-183 RESOLUTION APPROVING AN ELECTRICAL INSPECTIONS AGREEMENT BETWEEN THE CITY AND PATRICK MCMULLEN.

Overview:

On October 1, 2007, the City Council entered into an agreement with Patrick McMullen for electrical inspections. This agreement was renewed in 2010. The staff has been pleased with Mr. McMullen's performance and we have received virtually no complaints from the residents. The terms of the agreement are the same as the previous agreement relative to permit fee allocation.

The staff strongly recommends that the City Council approve the attached agreement with Patrick McMullen for electrical inspections which has the following provisions:

1. 3-year term, expires on October 31,2016 2. Duties and responsibilities as outlined in Exhibit C of Agreement

Source of Funds:

80% of the proceeds of the electrical permit fees go to pay the electrical inspector, the remaining 20% goes in the City General Fund. City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2013-183

RESOLUTION APPROVING AN ELECTRICAL INSPECTIONS AGREEMENT BETWEEN THE CITY AND PATRICK MCMULLEN

WHEREAS, the City Council has reviewed and considered a substantially final form agreement between the City and Patrick McMullen providing for among other things electrical inspection services with the City (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 approval hereby given includes approval of such modifications of the Agreement as may be necessary, appropriate and approved by the Mayor and the City Attorney prior to its execution.

3. 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 ih day of October, 2013.

City Clerk AGREEMENT

THIS AGREEMENT (Agreement) is made as of October 7, 2013 by and between the City of South St. Paul (the City), a Minnesota municipal corporation, and Patrick E. McMullen (the Inspector).

The City and the Inspector in consideration of the mutual covenants contained herein and other good and valuable consideration, agree as follows:

SECTION 1. INSPECTION SERVICES.

The inspection services to be provided by the Inspector are described in a general way on Exhibit A.

SECTION 2. CONTRACT DOCUMENTS.

The documents which make up the complete Agreement between the City and the Inspector are listed in Exhibit B.

SECTION 3. DUTIES AND OBLIGATIONS.

The Inspector shall commence performance of his duties and obligation pursuant to the terms of this Agreement, as specified on Exhibit C.

SECTION 4. PAYMENT.

Payments shall be made by the City to the Inspector in accordance with the schedule contained in Exhibit D.

SECTION 5. COMPLIANCE WITH LAWS AND STANDARDS.

a) The Inspector shall comply with all applicable federal and state statutes and regulations as well as local ordinances in effect during the term of this Agreement.

b) The Inspector specifically represents that the Inspector is fully authorized, or licensed to furnish the services pursuant to this Agreement.

c) Failure to meet the requirements of clauses (a) and (b), above, may be cause for City to cancel this Agreement, in addition to any other remedies in this Agreement or otherwise available in law or equity.

SECTION 6. INSURANCE.

The Inspector shall purchase, with the Inspector's own funds, and maintain throughout the term of this Agreement the minimum types and amounts of insurance set forth in

- I - Exhibit E.

SECTION 7. INDEMNITY.

The Inspector agrees to defend, indemnify, and hold harmless the City, its elected officials, officers and employees, against any and all liability, loss, costs, damages, and expenses which the City, its elected officials, officers, or employees, may hereafter sustain, incur, or be required to pay, arising out of the Inspector's performance or failure to perform his obligations pursuant to this Agreement.

SECTION 8. INDEPENDENT CONTRACTOR STATUS.

It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint venturers or associates between the parties hereto or as constituting the Inspector as the employee of the City for any purpose or in any manner whatsoever. The Inspector is to be and shall remain an independent contractor with respect to the performance of all Inspector's obligations under this Agreement.

SECTION 9. NONDISCRIMINATION.

The Inspector agrees to comply with all applicable federal and state laws, rules, regulations, and executive orders with regard to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age.

SECTION 10. MINNESOTA LAW TO GOVERN.

This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota.

SECTION 11. DATA PRIVACY.

For purposes of this Agreement all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, and the Minnesota Rules implementing the Act now in force or hereafter adopted.

SECTION 12. TERM; TERMINATION.

(a) This Agreement shall become effective on the last date it is executed by one of the parties and shall remain in effect until October 31, 2016, unless terminated earlier as provided in this Section. (b) If the Inspector is in default of any material obligation under this Agreement, the City may terminate this Agreement by 30 days written notice to the Inspector,

- 2- unless within that time the default is cured or arrangements satisfactory to the City for correcting the default have been made by the Inspector.

(c) In addition, the City may terminate this Agreement for its convemence and without cause by 30 days written notice to the Inspector.

(d) No termination shall limit or otherwise affect the respective rights and obligations of the parties accrued prior to the date of termination.

SECTION 13. EXHIBITS.

All exhibits referred to in this Agreement are incorporated herein by reference and are made a part hereof as if they were included in the text hereof.

CITY OF SOUTH ST. PAUL

Dated: ______By:______Its Mayor

Dated: ______By: ______City Clerk

PATRICK E. MCMULLEN

Dated: By: ______

- 3 - EXHIBIT A

TASKS

1) Electrical Inspection Services of electrical work which is permitted within the City according to the City Code.

- 4- EXHIBIT B

CONTRACT DOCUMENTS

1) This Agreement (including all Exhibits).

2) Inspector's Insurance Certificate.

EXHIBIT C

- 5 - DUTIES AND RESPONSIBILITY

1) The Inspector shall provide electrical inspection service by performing on site inspection of all new, remodeling, and alteration construction in the City on all residential, commercial, industrial and agricultural structures in accordance with all City Codes and the National Electric Code.

2) The Inspector shall keep records of inspection, repair notices and red tags and maintain contact with the Chief Building Official. The inspector shall issue and attach final inspection tags upon final acceptance.

3) The Inspector shall submit monthly records of inspections for payment of all final inspections and partial inspections for large commercial or industrial structures.

4) The Inspector is empowered, at the Inspector's own cost and expense, to employ, subject to the approval of the City Engineer, any assistant inspectors and clerical assistants necessary for the proper conduct of his duties and obligations.

5) The Inspector shall be a Minnesota State Certified Electrical Inspector. Any assistant shall meet the same requirements.

6) The Inspector's services shall be provided in a timely manner in the City of South St. Paul. Regular and responsive communication with City staff must be maintained to ensure the prompt delivery of inspection services.

7) The Inspector should keep regular hours (7:00a.m. to 9:00 a.m.) on regular business days in order to answer questions from citizens and contractors. The remainder of the regular business day shall be devoted to inspections.

8) The Inspector shall have a voice telephone answering machine to allow citizens and contractors to leave messages when the Inspector is unable to answer the phone.

9) The Inspector, or any of his assistants, shall not engage in the sale, installation or maintenance of electrical equipment, directly or indirectly, and shall have no financial interest in any concern engaged in such business in the City.

EXHIBIT D

- 6- PAYMENT SCHEDULE

1) The City shall pay the Inspector 80% of the permit fees for electric work collected by the City upon final inspection, or partial inspection in the case of large commercial or industrial structures.

2) Invoices for payment shall be submitted by Inspector on a monthly basis.

3) All payments shall be made within thirty (30) days from receipt of invoice from Inspector.

EXHIBIT E

- 7- INSURANCE

The Inspector shall obtain and maintain until the completion of this agreement and its final acceptance by the owner, at Inspector's own cost and expense, the following minimum insurance coverages with insurance companies licensed in the State of Minnesota and shall provide a certificate of insurance in form acceptable to the Owner as evidence of such coverages.

A. Types of Insurance (On an occurrence basis) Limits of Liability

1. Commercial General Liability (including) $1 ,000,000/occurrence $1 ,000,000/aggregate a. Comprehensive form b. Premises - completed operations c. Explosion and collapse hazard d. Underground hazard e. Contractualliability f. Broad form property damage g. Independent contractors h. Owners & contractors protective

2. Automobile Liability (including) Combined single limit Each occurrence $1,000,000 a. All owned autos b. Scheduled autos c. Hired autos d. Non-owned autos

3. Excess Umbrella Coverage $1 ,000,000/occurrence $ 1, 000,000/aggregate

4. Worker's Compensation Statutory

5. Employer's Liability $500,000

6. Professional Liability (Errors and Omissions) $1 ,000,000/act, enor or omission $1,000,000 aggregate

B. General liability, automobile liability, and excess "umbrella" liability shall name the Owner as additional insured. The coverage afforded to the additional insured shall be primary insurance. If the additional insured has other insurance which is applicable to

- 8- the loss, such other insurance shall be on an excess or contingent basis. The amount of the Inspector's liability shall not be reduced by the existence of such other insurance.

C. General Liability, automobile liability and excess umbrella coverages shall only be on an "occurrence" basis. Professional Liability Insurance may be on a "claims-made" basis.

4. Professional Liability: If the Inspector is underwritten on a claims-made basis, the Retroactive Date shall be prior to or coincident with the date of this contact and the Certificate of Insurance shall state that coverage is claims made and also the Retroactive Date. The Contractor shall maintain coverage for the duration of this contract and for the two years following the completion of this contract. The Inspector shall provide the City annually a Certificate oflnsurance as evidence of such insurance. It is further agreed that the Inspector shall provide the City a 30-day notice of aggregate erosion, an advance of the Retroactive Date, cancellation and/or renewal.

It is also agreed that either the Inspector or City may invoke the Extended Reporting Period Option on behalf of the other party and that Extended Reporting Period (ERP) premium shall be paid by the Inspector.

E. All insurance policies shall provide that the Owner shall be notified in writing by the insurer of the cancellation or the restrictive amendment of the policy not less than 30 days prior to the date that the cancellation or restrictive amendment takes effect. All notices will be sent to the Owner by registered or certified mail.

F. As used in this Exhibit E, the word "Contractor" includes the Inspector.

- 9-