City of South St. Paul COUNCIL AGENDA Tuesday September 8, 2020 7:00 P.M

City of South St. Paul COUNCIL AGENDA Tuesday September 8, 2020 7:00 p.m.

Public attendance is available via WebEx Call: 1-312-535-8110 Access Code: 133 974 8111

(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. Minutes of the City Council meeting held August 3, 2020

B. Accounts Payable

C. Declaring City Property Surplus – Disc Golf Target Baskets

D. Minutes of the City Council meeting held August 17, 2020

E. CARES Act Grant for COVID-related Election Expenses

F. Alice Court Water Tower Reconditioning Change Order #4

G. Approve Transfer of 2019 General Fund Unassigned Fund Balance

H. Business Licenses

I. Approve Right of First Refusal with Justin Stewart at Fleming Field

Page 2 City Council Agenda

J. Approve Administrative Settlements for Concord Street Improvement Project #2016-11

9. PUBLIC HEARINGS:

10. GENERAL BUSINESS:

A. First Reading of Cable Franchise Renewal Ordinance with Comcast

B. Second Reading of Solar Ordinance Amendment

C. Water Supply Plan

D. Armour Drive at Kwik Trip Pavement Repairs

E. First Reading of an Ordinance Establishing Zoning Standards for Child Day Care and Adult Day Care

11. MAYOR AND COUNCIL COMMUNICATIONS:

12. ADJOURNMENT:

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

8 - A SOUTH ST. PAUL CITY COUNCIL MINUTES OF AUGUST 3, 2020

Mayor James Francis called the regular meeting of the City Council to order at 7:00 p.m. on Monday, August 3, 2020.

ROLL CALL:

Present: Mayor Francis Councilmembers Dewey, Flatley, Forester, Hansen, Kaliszewski and Seaberg

Absent: None

Also Present: City Administrator, Joel Hanson Attorney, Kori Land City Clerk, Christy Wilcox Director of EDA, Ryan Garcia City Planner, Michael Healy

5) Presentations

• There were no presentations.

6) Citizens’ Comments

• There were no citizens comments.

7) Agenda

Moved by Seaberg/Flatley

MOVED: To approve the agenda.

Motion carried 7 ayes /0 nays

8) Consent Agenda

Moved by Kaliszewski/Forester

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

A. Deleted B. Resolution No. 2020-99, approving accounts payable C. Business Licenses D. Authorize approval of administrative settlement for Parcels 2, 35/37, 102, 260/265 and 282 for the 2016-11 Concord Street Improvement Project

City Council Minutes of August 3, 2020 1 E. Resolution No. 2020-96, memorializing parking restrictions on Concord Street from I-494 to Annapolis Street F. Resolution No. 20290-100, approving the property split at 1434 Stickney Avenue G. Resolution No. 2020-97, requesting a Variance from standard for State Aid Operation for Project No. S.A.P. 168-101-014 (Stickney Avenue) H. Resolution No. 2020-98, memorializing parking restrictions on Stickney Avenue from Bircher Avenue to East Annapolis Street. I. Approving hiring of Emma Keding as a part time Community Service Officer

Motion carried 7 ayes/0 nays

10A) Declaration and Resolution Extending Local Emergency

Moved Seaberg/Dewey

MOVED: To approve Resolution No. 2020-95, extending declaration of local

emergency.

Motion carried 7 ayes/0 nays

10B) Refund of 2020 Liquor License Fees – Cares Act Funding

Moved by Forester/Hansen

MOVED: To approve the refund of 2020 Liquor License Fees for all license

holders in good standing as part of the Cares Act Funding.

Motion carried 7 ayes/0 nays

10C) 2nd Reading – Ordinance Regarding Nonconformities

Moved by Flatley/Hansen

MOVED: To adopt Ordinance No. 1361, an ordinance repealing and replacing

sections 118-65 through 118-68 regarding nonconformities.

Motion carried 7 ayes/0 nays

10D) First Reading – Ordinance Vacating Two Easements at 633 Concord Street South

Councilmember Flatley introduced the following ordinance for its first reading:

AN ORDINANCE VACATING TWO SEWER AND UTILITY EASEMENTS AT 633 ONCORD STREET SOUTH.

City Council Minutes of August 3, 2020 2

11) Modification to Agenda

Moved by Hansen/Seaberg

MOVED: To modify the agenda to move into the EDA meeting immediately

following Mayor and City Council Communications then move to Closed Session.

Motion carried 7 ayes/0 nays

The City Council held the EDA meeting and then moved to closed session:

** Closed Session Pursuant to Minnesota Statutes Section 13D.05, Subd. 3(b) for a Confidential Attorney-Client Discussion of Litigation and Cost Risks and Negotiations to Settle Acquisitions under the power of Eminent Domain. Confidential Attorney-Client Communication has been sent to the City Council by the City Attorney under separate cover.

12) Adjournment

Moved by Seaberg/Kaliszewski

MOVED: To adjourn the closed session at 8:49 p.m. and reopen the regular City

Council meeting.

Motion carried 7 ayes /0 nays

Moved by Flatley/Kaliszewski

MOVED: To adjourn the regular meeting of the City Council at 8:50 p.m.

Approve: September 8, 2020

______City Clerk

City Council Minutes of August 3, 2020 3 A CITY COUNCIL AGENDA REPORT DATE: September 8, 2020 8-B DEPARTMENT: FINANCE PREPARED BY: Clara Hilger ADMINISTRATOR: JRH

AGENDA ITEM: Accounts Payable

ACTION TO BE CONSIDERED:

Motion to adopt Resolution 2020-113 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. 2020-113

RESOLUTION APPROVING ACCOUNTS PAYABLE

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: 138008-138290 $ 1,749,537.42 2020262-2020281 320,654.64 800390-800398 58,683.32

Total $ 2,128,875.38

Adopted this 8th day of September, 2020.

______Christy Wilcox, City Clerk

R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 1 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138008 8/24/2020 1016 ACE HARDWARE & PAINT 21.98 LEVEL LINE & TWINE DISPENSER 80324 541182/5 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 136.18 NUTS/BOLTS AND BITS 80325 541247/5 20243.6220 REPAIR & MAINTENANCE SUPPLIES DOUG WOOG ARENA 158.16

138009 8/24/2020 5257 AL SERVICES LLC 2,950.00 REPAIR BASE/BUILD & SET 3POLES 80326 0621-25 50615.6371 REPAIRS & MAINT CONTRACTUAL STREET LIGHT UTILITY 2,950.00

138010 8/24/2020 6645 ALL INC 2,520.00 NM REFRIGERATOR & RANGE 80420 S1496680.001 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 1,605.00- NM RETURNED REFRIGERATOR 80511 S1496680004 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 915.00

138011 8/24/2020 11504 ANIMAL TALES 15.00 1 YR SUBSCRIPTION RENEWAL 80422 7/14/20 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 15.00

138012 8/24/2020 12244 APEX FACILITY SOLUTIONS, SBC 31,696.75 HVAC UPGRADES 80371 1 20243.6580 OTHER EQUIPMENT DOUG WOOG ARENA 31,696.75

138013 8/24/2020 4059 ASCENT AVIATION GROUP, INC. 13,237.33 7006 GALLONS JET A 80327 691243 20245.6250 MERCHANDISE FOR RESALE AIRPORT 25,072.86 8010 GALLONS 100LL 80328 690440 20245.6250 MERCHANDISE FOR RESALE AIRPORT 38,310.19

138014 8/24/2020 4519 BATTERIES PLUS BULBS 14.95 PHOTO LITHIUM BATTERY 80424 P27885157 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 14.95

138015 8/24/2020 6676 BDS LAUNDRY MANAGEMENT CO 666.97 LAUNDRY EQUIPMENT RENTAL 80425 V400887 50677.6371.120 MTNCE-MISCELLANEOUS NAN MCKAY APT BLDG 889.29 LAUNDRY EQUIPMENT RENTAL 80426 V400882 50678.6371.120 MTNCE-MISCELLANEOUS JOHN CARROLL APT BLDG 1,556.26

138016 8/24/2020 3285 BINDER HEATING AND AIR CONDITIONING, INC 2,530.00 EDA AIRPORT 80507 I75779 40421.6371 REPAIRS & MAINT CONTRACTUAL BRS BUILDING 2,530.00

138017 8/24/2020 1123 BOND TRUST SERVICES CORP R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 2 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138017 8/24/2020 1123 BOND TRUST SERVICES CORP Continued... 475.00 2017A PAYING AGENT FEE 80329 59085 30322.6620 FISCAL AGENTS FEES 2017A TAXABLE GO AIRPORT 475.00

138018 8/24/2020 1125 BONUS BUILDING CARE 725.00 CLEANING SERVICE AUG 2020 80330 008020030-6 20230.6375 OTHER CONTRACTED SERVICES LIBRARY 725.00

138019 8/24/2020 12275 CARLSON, JIM 1,014.99 ICE TIME REFUND 80517 2/28/20 20243.4501 ICE RENTALS-FALL & WINTER DOUG WOOG ARENA 72.32 WOOG 80517 2/28/20 20243.2081 DUE TO OTHER GOVT-SALES DOUG WOOG ARENA 1,087.31

138020 8/24/2020 3885 CARM DISTRIBUTING, INC. 104.95 CAR WASH SOAP 80331 87531 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 104.95

138021 8/24/2020 1173 CDW GOVERNMENT INC 4,074.28 LAPTOPS 77952 XRS6398 40407.6571 COMPUTER HARDWARE EQUIPMENT ACQUISITION F 4,074.28

138022 8/24/2020 1176 CEMSTONE PRODUCTS COMPANY 229.40 FORM TUBE & STIR WHIP 80332 514265 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 229.40

138023 8/24/2020 4887 CENGAGE LEARNING INC - GALE 30.39 ADULT FICTION BOOKS 80349 71046493 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 30.39

138024 8/24/2020 10696 CHIADO, SHARON A. 100.00 KEY PERSON 80427 9/1/20 50677.6375.1 OTHER CONTR SVCS-KEYPERSON NAN MCKAY APT BLDG 100.00

138025 8/24/2020 10675 CITY OF BLOOMINGTON 220.50 WATER TESTING 80428 200190 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 220.50

138026 8/24/2020 1193 CITY OF WEST ST. PAUL 3,766.65 RECYCLING COORD SERVICES 80510 2020-00000170 10170.6375 OTHER CONTRACTED SERVICES RECYCLING PROGRAM 32.81 TELEPHONE 80510 2020-00000170 10170.6390 POSTAGE AND TELEPHONE RECYCLING PROGRAM 230.89- CREDIT 1ST QTR PREPAYMENT 80510 2020-00000170 10170.6375 OTHER CONTRACTED SERVICES RECYCLING PROGRAM R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 3 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138026 8/24/2020 1193 CITY OF WEST ST. PAUL Continued... 3,568.57

138027 8/24/2020 4505 CIVICPLUS 441.00 ECON DEV WEBSITE HEADER 80429 201326 20280.6375 OTHER CONTRACTED SERVICES ECON DEV GENERAL 441.00 WOOG ARENA WEBSITE HEADER 80430 201327 20243.6375 OTHER CONTRACTED SERVICES DOUG WOOG ARENA 441.00 AIRPORT WESITE HEADER 80431 201328 20245.6375 OTHER CONTRACTED SERVICES AIRPORT 441.00 LIBRARY WEBSITE HEADER 80432 201329 20230.6375 OTHER CONTRACTED SERVICES LIBRARY 441.00 POLICE WEBSITE HEADER 80433 201330 10210.6375 OTHER CONTRACTED SERVICES POLICE PROTECTION 441.00 PARKS & REC WEBSITE HEADER 80434 201331 10520.6375 OTHER CONTRACTED SERVICES PARKS ADMINISTRATION 441.00 CSCC WEBSITE HEADER 80435 201332 20250.6375 OTHER CONTRACTED SERVICES CENTRAL SQUARE 3,087.00

138028 8/24/2020 1203 COMMERCIAL ASPHALT CO 3,471.51 ASPHALT FOR PATCHING 80436 200731 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 3,782.61 ASPHALT FOR PATCHING 80436 200731 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 7,254.12

138029 8/24/2020 6654 COMO LUBE & SUPPLIES, INC 475.00 USED OIL FILTERS 80437 668006 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 475.00

138030 8/24/2020 10850 CONTROLOGIX SERVICES, LLC 480.00 TECH SERVICE AGREEMENT 80438 20-049 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 480.00

138031 8/24/2020 10710 CURBSIDE LANDSCAPE & IRRIGATION 2,743.00 KAPOSIA LANDING 80439 209185 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 450.00 HERBISIDE/FERTILIZER APP 80440 209186 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 295.00 CONCORD EXCHANGE BLVDS 80441 209187 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 346.00 JEFFERSON FIELD 80442 209188 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 CITY HALL & LIBRARY 80443 209189 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 300.00 HARMON PARK 80444 209190 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 990.00 VET'S FIELD 80445 209191 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 LAWSHE PARK 80446 209192 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 385.00 NORTHVIEW PARK 80447 209193 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 PUBLIC WORKS 80448 209194 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 5,719.00

138032 8/24/2020 1241 DAKOTA COUNTY ATTORNEY'S OFFICE 408.44 FORFEITURE 19001878 80449 8/6/20 20212.6302 227515 PROFESSIONAL SERVICES GRANTS/DONATIONS POLICE R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 4 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138032 8/24/2020 1241 DAKOTA COUNTY ATTORNEY'S OFFICE Continued... 1,307.30 FORFEITURE 19000865 80449 8/6/20 20212.6302 227515 PROFESSIONAL SERVICES GRANTS/DONATIONS POLICE 1,715.74

138033 8/24/2020 1247 DAKOTA COUNTY FINANCIAL SERVICES 38,228.00 2019 PILOT 80508 2019 PILOT 50677.6469 PYMT IN LIEU OF TAX NAN MCKAY APT BLDG 49,964.00 2019 PILOT 80508 2019 PILOT 50678.6469 PYMT IN LIEU OF TAX JOHN CARROLL APT BLDG 88,192.00

138034 8/24/2020 1326 EARL F. ANDERSEN, INC 133.95 SPEED LIMIT 10 MPH SIGNS 80333 0124017-IN 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 133.95

138035 8/24/2020 1350 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 336.00 LIGHTS & BRACKETS/VACTOR TRUCK 80334 MP080620-52 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 347.42 BLUE LED BEACON 80335 MP06242055A 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 132.82- RETURN LED LIGHT/RED LENS 80336 CM20153 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 518.00- RETURN ROOFTOP BREAK LIGHT 80337 AW013018-3CM 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 168.00 LED LIGHTHEAD FOR VACTOR 80338 MP080620-52 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 200.60

138036 8/24/2020 1400 FERGUSON WATERWORKS #2516 186.50 3/4 METER COUPLERS 80450 0459908 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 186.50

138037 8/24/2020 4725 FIRST SUPPLY LLC - TWIN CITIES 1.02 PVC PIPE FOR SPLASH POOL 80451 2996025-00 10527.6220 REPAIR & MAINTENANCE SUPPLIES SPLASH POOL 9.42 PRO MAPP GAS FOR SPLASH POOL 80452 2996056-00 10527.6220 REPAIR & MAINTENANCE SUPPLIES SPLASH POOL 9.51 BOILER DRAIN HOSE 80453 30004917-00 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 19.95

138038 8/24/2020 1428 FORCE AMERICA DISTRIBUTING, LLC 880.19 3/8 NPT COMPLETE PLATE&COVER 80339 001-1462878 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 880.19

138039 8/24/2020 5592 FRATTALONE'S DAWNWAY LLLP 1,460.27 CLEANUP BLACKTOP DEBRIS 80340 2007097 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 60.00 CLEANUP CONCRETE DEBRIS 80340 2007097 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 1,520.27

138040 8/24/2020 1473 GERTEN GREENHOUSES 2 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 5 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138040 8/24/2020 1473 GERTEN GREENHOUSES 2 Continued... 233.55 PULVERIZED LANDSCAPING TOPSOIL 80341 74472/6 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 233.55 PULVERIZED LANDSCAPING TOPSOIL 80342 77473/6 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 233.55 PULVERIZED LANDSCAPING TOPSOIL 80343 74552/6 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 296.55 GREEN LOON LAWN SEEDUNG SOIL 80344 74569/6 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 173.90 FUTERRA ENVIRONET BLANKET 80345 74604/6 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 305.70 LAWN SEEDUNG SOIL/ENVIRONET 80346 74613/6 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 112.00- RETURN ENVIRONET BLANKETS 80347 74614/6 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 1,364.80

138041 8/24/2020 5590 GOODYEAR TIRE & RUBBER CO. 57.50 O RING 80348 124-1098169 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 371.20 REPAIR TIRE ON LOADER 80348 124-1098169 60703.6371 REPAIRS & MAINT CONTRACTUAL CENTRAL GARAGE FUND 428.70

138042 8/24/2020 1497 GOPHER STATE ONE-CALL 127.58 LOCATES 80454 0070742 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 127.57 LOCATES 80454 0070742 50606.6302 PROFESSIONAL SERVICES SEWER UTILITY 255.15

138043 8/24/2020 1505 GRAINGER INC. 50.83 CARBURATOR 80350 9609836763 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 93.90 FOOT VALVE REPAIR KIT 80351 9610462591 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 38.81 WIRED RELAY SWITCH/SCREWDRIVER 80455 9614138924 10330.6220 REPAIR & MAINTENANCE SUPPLIES BUILDINGS 183.54

138044 8/24/2020 11754 HYDRO-KLEAN LLC 12,644.62 TELEVISE LINES 80456 070081 50606.6371 202010 REPAIRS & MAINT CONTRACTUAL SEWER UTILITY 12,644.62

138045 8/24/2020 1650 INGRAM LIBRARY SERVICES 31.04 ANF-ADULT NONFICTION BOOKS 80375 46790615 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 103.46 ANF-ADULT NONFICTION BOOKS 80376 46841966 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 489.15 ANF-ADULT NONFICTION BOOKS 80377 46979465 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 24.30 ANF-ADULT NONFICTION BOOKS 80378 47019177 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 142.44 ANF-ADULT NONFICTION BOOKS 80379 47231176 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 106.16 AF-ADULT FICTION BOOKS 80380 46800597 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 48.22 AF-ADULT FICTION BOOKS 80381 46819815 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 166.57 AF-ADULT FICTION BOOKS 80382 46834855 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 34.72 AF-ADULT FICTION BOOKS 80383 46869357 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 50.76 AF-ADULT FICTION BOOKS 80384 46922629 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 6 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138045 8/24/2020 1650 INGRAM LIBRARY SERVICES Continued... 330.71 AF-ADULT FICTION BOOKS 80385 46979464 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 183.80 AF-ADULT FICTION BOOKS 80386 47008109 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 91.17 AF-ADULT FICTION BOOKS 80387 47045508 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 54.18 AF-ADULT FICTION BOOKS 80388 47086079 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 76.30 AF-ADULT FICTION BOOKS 80389 47108857 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 230.09 AF-ADULT FICTION BOOKS 80390 47145215 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 25.44 AF-ADULT FICTION BOOKS 80391 47176025 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 51.39 AF-ADULT FICTION BOOKS 80392 47214049 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 27.58 AF-ADULT FICTION BOOKS 80393 47231174 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 16.19 AF-ADULT FICTION BOOKS 80394 47300670 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 98.42 AF-ADULT FICTION BOOKS 80395 47321207 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 226.66 AF-ADULT FICTION BOOKS 80396 47265424 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 84.16 AF-ADULT FICTION BOOKS 80397 47346667 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 2.99 C-CHILDRENS BOOKS 80398 47346668 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 7.18 C-CHILDRENS BOOKS 80399 47346669 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 46.29 C-CHILDRENS BOOKS 80400 47346670 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 481.05 C-CHILDERNS BOOKS 80401 46834856 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 92.42 C-CHILDRENS BOOKS 80402 46869358 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 3.59 C-CHILDRENS BOOKS 80403 46922630 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 7.62 C-CHILDRENS BOOKS 80404 46922631 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 51.20 C-CHILDRENS BOOKS 80405 46922632 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 63.33 C-CHILDRENS BOOKS 80406 47008110 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 60.78 C-CHILDREN BOOKS 80407 47033710 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 2.99 C-CHILDRENS BOOKS 80408 47086080 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 19.38 C-CHILDRENS BOOKS 80409 47086081 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 145.91 C-CHILDRENS BOOKS 80410 47231175 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 19.06 C-CHILDRENS BOOKS 80411 47256223 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 46.31 C-CHILDRENS BOOKS 80412 47256224 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 109.57 C-CHILDRENS BOOKS 80413 47387339 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 16.34 C-CHILDRENS BOOKS 80414 47287340 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 25.95 C-CHILDERNS BOOKS 80415 47321208 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 3.59 C-CHILDRENS BOOKS 80416 47321209 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 2.39 C-CHILDRENS BOOKS 80417 47321210 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 82.27 C-CHILDRENS BOOKS 80418 47321211 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 3,983.12

138046 8/24/2020 6398 INNOVATIVE OFFICE SOLUTIONS LLC 241.01 NM PAPER/ENVELOPES 80457 IN2945511 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 46.81 JC STAMP/CALENDAR/TAPE 80458 IN2913561 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 7 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138046 8/24/2020 6398 INNOVATIVE OFFICE SOLUTIONS LLC Continued... 138.27 NM PENS/POSTITS/PAPER 80459 IN2922135 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 200.32 JC PAPER/POSTITS/ENVELOPES 80460 IN2932830 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 186.21 JC STAPLES/MARKERS/TAPE 80461 IN2950842 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 26.44- NM ENVELOPES 80462 SCM-101046 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 24.68 NM ENVELOPES 80463 IN3052674 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 49.24- JC PAPER & ENVELOPES 80464 SCN-101029 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 45.96 JC PAPER & ENVELOPES 80465 IN3052662 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 49.24- NM PAPER & ENVELOPES 80466 SCN-101042 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 45.96 NM PAPER & ENVELOPES 80467 IN3051317 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 89.79- JC PENS/FLAGS/BINDERS 80468 SCN-101033 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 83.81 JC PENS/FLAGS/BINDERS 80469 IN3051335 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 46.81 JC CALENDAR/TAPE/STAMP 80471 IN3051325 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 115.38- JC ENVELOPES 80472 SCN-101034 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 107.70 JC ENVELOPES 80473 IN3051338 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 199.48- JC PAPER/ENVELOPES/STAMP 80475 SCN-101032 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 186.60 JC PAPER/ENVELOPES/STAMP 80476 IN3051331 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 59.42- NM POSTIT/PENS ENVELOPES 80477 SCN-101045 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 55.46 NM POSTIT/PENS ENVELOPES 80478 IN3052672 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 148.13- NM POSTIT/PENS ENVELOPES 80479 SCN-101043 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 138.27 NM POSTIT/PENS/STAMP 80480 IN3052666 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 258.18- NM POSTIT/PENS/STAMP 80481 SCN-101044 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 241.01 NM PAPER/STAPLES/ENVELOPES 80482 IN3052669 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 169.88- JC POSTITS/PAPER 80483 SCN-101031 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 158.58 JC POSTITS/PAPER 80484 IN3055302 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 50.51- JC PAPER/STAPLES/TAPE 80513 SCN101030 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 731.77

138047 8/24/2020 1639 INSTYLE 5.00 1 YR SUBSCRIPTION RENEWAL 80485 7/13/20 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 5.00

138048 8/24/2020 1718 KAPOSIA CONVENIENCE CENTER CORP 6.50 CAR WASH 80486 6385 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 6.50

138049 8/24/2020 7927 KENNEDY & GRAVEN, CHARTERED 125.00 CONCORD ST TIF PROJECT 80516 SU150-0003 40490.6302 PROFESSIONAL SERVICES CONCORD TIF 125.00

138050 8/24/2020 1740 KIMLEY-HORN AND ASSOCIATES, INC. R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 8 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138050 8/24/2020 1740 KIMLEY-HORN AND ASSOCIATES, INC. Continued... 171,837.96 CONCORD ST FD THRU 6/30/20 80487 17032436-15 40432.6530 201611 IMPR OTHER THAN BUILDING 2016 LOCAL IMPROVEMENTS 171,837.96

138051 8/24/2020 3535 L'ALLIER CONCRETE, INC. 3,375.00 REPAIR SIDEWALK 365 GRAND 80352 JL3830 10320.6371 REPAIRS & MAINT CONTRACTUAL PUBLIC WORKS 1,550.00 REPAIR SIDEWALK&RESET DRAINTIL 80352 JL3830 10320.6371 REPAIRS & MAINT CONTRACTUAL PUBLIC WORKS 4,925.00

138052 8/24/2020 1864 MACQUEEN EQUIPMENT, LLC 33.87 MAGNETIC PLUG&PORT PLUG 80353 P29109 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 298.42 HYDRO LINE GUN 80354 P29030 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 185.29 LOW WATER PRES SWITCH 80355 P29102 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 517.58

138053 8/24/2020 1907 MEDTOX LABORATORIES, INC. 50.00 QUARTERLY TESTING FEE 80488 072020702635 10125.6302 PROFESSIONAL SERVICES HUMAN RESOURCES 50.00

138054 8/24/2020 1911 MENARDS, INC-WEST ST PAUL 42.15 FLAG POLE PARTS 80356 22150 20243.6220 REPAIR & MAINTENANCE SUPPLIES DOUG WOOG ARENA 322.88 STUDS & CONCRETE MIX 80357 22490 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 157.52 FORMING STAKES 80358 22676 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 522.55

138055 8/24/2020 1926 METROPOLITAN COUNCIL ENVIRONMENT SVCS 225,463.77 SEP 2020 SEWER SERVICE 80489 0001112910 50606.6376 METRO WASTE CONTROL COMMISSIONSEWER UTILITY 225,463.77

138056 8/24/2020 6712 MIDWEST LIGHTING PRODUCTS 146.15 NM LIGHT BULBS 80490 00070517 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 146.15

138057 8/24/2020 1991 MINNESOTA DEPARTMENT OF LABOR & INDUSTRY 100.00 ELEVATOR ANNUAL OPERATION 80359 ALR0107735X 20230.6371 REPAIRS & MAINT CONTRACTUAL LIBRARY 100.00 ELEVATOR ANNUAL OPERATION 80360 ALR0107344X 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 200.00 NM ANNUAL ELEVATOR OPERATION 80491 ALR0107602X 50677.6430 MISCELLANEOUS NAN MCKAY APT BLDG 200.00 JC ANNUAL ELEVATOR OPERATION 80492 ALR0107752X 50678.6430 MISCELLANEOUS JOHN CARROLL APT BLDG 600.00

138058 8/24/2020 6659 MRI SOFTWARE R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 9 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138058 8/24/2020 6659 MRI SOFTWARE Continued... 127.50 NMNEW TENANT BACKGROUND CHECKS 80419 SRNI10038678 50677.6302 PROFESSIONAL SERVICES NAN MCKAY APT BLDG 98.00 JCNEW TENANT BACKGROUND CHECKS 80419 SRNI10038678 50678.6302 PROFESSIONAL SERVICES JOHN CARROLL APT BLDG 225.50

138059 8/24/2020 11607 NATH COMPANIES 457.92 NM PPE HAND SANITIZER/MASKS 80493 8/4/20 50677.6220.900 REP & MTNCE SUPPLIES-CARES NAN MCKAY APT BLDG 575.87 JC PPE HAND SANITIZER/MASKS 80493 8/4/20 50678.6220.900 REP & MTNCE SUPPLIES-CARES JOHN CARROLL APT BLDG 1,033.79

138060 8/24/2020 5682 NITTI SANITATION 82.31 849 7TH AVE S 80361 80085 10420.6371 REPAIRS & MAINT CONTRACTUAL LICENSING & CODE ENFORCEMENT 82.31 229 7TH AVE S 80362 80088 10420.6371 REPAIRS & MAINT CONTRACTUAL LICENSING & CODE ENFORCEMENT 87.75 805 4TH AVE S 80363 80087 10420.6371 REPAIRS & MAINT CONTRACTUAL LICENSING & CODE ENFORCEMENT 87.75 157-159 23RD AVE S 80364 80086 10420.6371 REPAIRS & MAINT CONTRACTUAL LICENSING & CODE ENFORCEMENT 340.12

138061 8/24/2020 6662 OPTAGE SENIOR DINING CHOICES 356.25 JULY NM MEALS 80494 358170 50671.6375 OTHER CONTRACTED SERVICES CHSP PROGRAM 593.75 JULY JC MEALS 80494 358170 50671.6375 OTHER CONTRACTED SERVICES CHSP PROGRAM 950.00

138062 8/24/2020 2176 OXYGEN SERVICES COMPANY 247.38 RECYCLE CYLINDERS 80495 03471884 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 247.38

138063 8/24/2020 12143 PIONEER ENGINEERING, PA 400.00 POND EASEMENT 285&121HARDMAN 80496 20200804003 40490.6302 PROFESSIONAL SERVICES CONCORD TIF 400.00

138064 8/24/2020 9104 PIONEER SECURE SHRED 146.25 SHREDDING OF DOCUMENTS 80365 41359 10210.6201 OFFICE SUPPLIES POLICE PROTECTION 146.25 SHREDDING OF DOCUMENTS 80365 41359 10140.6201 OFFICE SUPPLIES CITY CLERK 292.50

138065 8/24/2020 11640 PRECISE MRM LLC 25.00 10MB FLAT DATA PLAN 80497 200-1026882 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 25.00

138066 8/24/2020 7455 REPUBLIC SERVICES 461.30 PUBLIC WORKS 80366 0923-004419274 10320.6379 CONT SERV/REFUSE & SANITATION PUBLIC WORKS R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 10 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138066 8/24/2020 7455 REPUBLIC SERVICES Continued... 461.30 PARKS 80366 0923-004419274 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 366.79 CITY HALL 80366 0923-004419274 10330.6379 CONT SERV/REFUSE & SANITATION BUILDINGS 211.47 KAPOSIA PARK 80366 0923-004419274 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 211.47 LORRAINE PARK 80366 0923-004419274 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 211.47 NORTHVIEW POOL 80366 0923-004419274 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 211.47 MCMORROW FIELD 80366 0923-004419274 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 33.18 COMPOST SITE 80366 0923-004419274 10170.6379 CONT SERV/REFUSE & SANITATION RECYCLING PROGRAM 33.18 GARDEN SITE 80366 0923-004419274 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 211.47 KAPOSIA LANDING 80366 0923-004419274 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 99.58 LIBRARY 80366 0923-004419274 20230.6379 CONT SERV/REFUSE & SANITATION LIBRARY 274.03 WOOG ARENA 80366 0923-004419274 20243.6379 CONT SERV/REFUSE & SANITATION DOUG WOOG ARENA 86.38 AIRPORT 80366 0923-004419274 20245.6379 CONT SERV/REFUSE & SANITATION AIRPORT 55.16 WATEROUS LIFT STN 80366 0923-004419274 50606.6379 CONT SERV/REFUSE & SANITATION SEWER UTILITY 2,928.25

138067 8/24/2020 1636 RICOH USA, INC. 146.65 NM BLACK & WHITE COPIES 80498 5060175358 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 146.65

138068 8/24/2020 2351 ROCKMOUNT RESEARCH &ALLOYS, INC. 234.38 GRINDING DISC WHEELS 80499 1255574 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 234.38

138069 8/24/2020 2428 SCIENTIFIC AMERICAN 25.99 1 YR SUBSCRIPTION RENEWAL 80500 7/23/2020 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 25.99

138070 8/24/2020 2517 SOUTHERN LIVING 5.00 1 YR SUBSCRIPTION RENEWAL 80501 7/12/2020 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 5.00

138071 8/24/2020 10670 SWIFT FUELS, LLC 9,222.72 2496 GAL UL94 80502 1762 20245.6250 MERCHANDISE FOR RESALE AIRPORT 9,222.72

138072 8/24/2020 1069 THE ATLANTIC 44.50 3 YR SUBSCRIPTION RENEWAL 80423 7/21/2020 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 44.50

138073 8/24/2020 4658 TOTAL TOOL SUPPLY, INC. R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 11 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138073 8/24/2020 4658 TOTAL TOOL SUPPLY, INC. Continued... 844.90 NYLON SLINGS 80367 01417427 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 98.00 IMPACT WRENCH 80503 01416327 10340.6240 MINOR EQUIPMENT AND FURNITURE PARKS FACILITIES AND MTNCE 942.90

138074 8/24/2020 2231 TWIN CITIES PIONEER PRESS 195.69 CITY CLERK NOTICES 80368 0720572442 10140.6341 ADVERTISING CITY CLERK 595.55 FINANCE NOTICES 80368 0720572442 10150.6341 ADVERTISING FINANCE 791.24

138075 8/24/2020 2692 TWIN CITY HARDWARE 1,041.08 CHANGE TO ELECTRIC LOCK 80369 PSI0106165 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 760.00 CARD READER 80369 PSI0106165 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 1,041.08 CHANGE TO ELECTRIC LOCK 80370 PSI0106166 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 760.00 CARD READER 80370 PSI0106166 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 2,082.16 ELECTRIC LOCK/HINGE/CARDREADER 80504 PSIO108151 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 1,569.98 LABOR 80504 PSIO108151 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 7,254.30

138076 8/24/2020 3646 U.S. BANK EQUIPMENT FINANCE 86.00 COPY MACHINE LEASE FOR AUG 20 80514 420984973 20230.6378 COPIER MAINTENANCE AGREEMENT LIBRARY 86.00

138077 8/24/2020 2846 WW GOETSCH ASSOCIATES INC 41,475.00 INSTALL SEWAGE PUMP/LIFT ST 80505 104499 50606.6530 IMPR OTHER THAN BUILDING SEWER UTILITY 41,475.00

138078 8/24/2020 2849 XCEL ENERGY 61.01 POLICE JULY 80372 695214889 10210.6385 UTILITY SERVICE POLICE PROTECTION 1,164.78 CITY HALL JULY 80373 695425667 10330.6385 UTILITY SERVICE BUILDINGS 98.86 STREET LIGHT UTILITY FUND 80373 695425667 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 11,458.45 STREET LIGHTS JULY 80374 695089612 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 1,418.81 SEWER JULY 80506 695988848 50606.6385 UTILITY SERVICE SEWER UTILITY 14,201.91

138079 8/28/2020 1842 LOCAL 120 86.00 80716 0825201257553 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 86.00

138080 8/28/2020 2008 NCPERS GROUP LIFE INS. 32.00 80720 0825201257557 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 12 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138080 8/28/2020 2008 NCPERS GROUP LIFE INS. Continued... 32.00

138081 8/31/2020 9253 ADVANCED ENG & ENVIRO SERVICES, INC. 1,848.75 COMMUNICATION SERVICES JUL 20 80604 69718 10120.6302 PROFESSIONAL SERVICES CITY ADMINISTRATION 1,775.25 WATER SYSTEM PLANNING PH2 80605 69696 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 3,624.00

138082 8/31/2020 1018 ADVANCED GRAPHIX, INC. 20.85 OFFICE MAGNET 80607 204809 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 20.85

138083 8/31/2020 12245 ALVARADO, LUZ 90.00 FOOTBALL REFUND 80518 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 90.00 FOOTBALL REFUND 80518 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 180.00

138084 8/31/2020 1044 ANCOM COMMUINICATIONS 2,577.00 VHF RADIOS FOR SQUADS 80697 96632 60703.6550 MOTOR VEHICLES CENTRAL GARAGE FUND 2,577.00

138085 8/31/2020 12246 ARRIGONI, NICOLE 65.00 FLAG FOOTBALL REFUND 80519 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00

138086 8/31/2020 1066 ASTECH ASPHALT SURFACE TECHNOLOGIES CORP 73,800.00 CRACK SEALING OF CITY STREETS 80608 20-235 10320.6221 202002 SEAL COATING & TREE MAIN PUBLIC WORKS 73,800.00

138087 8/31/2020 9021 ATLAS STAFFING, INC. 448.00 CLEANER SANITIZING/TEMP MARIA 80609 129882 50677.6220.900 REP & MTNCE SUPPLIES-CARES NAN MCKAY APT BLDG 448.00 CLEANER SANITIZING/TEMP MARIA 80609 129882 50678.6220.900 REP & MTNCE SUPPLIES-CARES JOHN CARROLL APT BLDG 896.00

138088 8/31/2020 12286 AUNE, JUSTIN 85.00 FOOTBALL REFUND 80524 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138089 8/31/2020 12247 AUSTIN, ASHLIE 85.00 FOOTBALL REFUND 80520 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 13 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138089 8/31/2020 12247 AUSTIN, ASHLIE Continued...

138090 8/31/2020 5978 BAUER SERVICES 3,612.50 REPLACE FIREHYDRANT/FARWELL AV 80610 08182020-975 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 3,612.50

138091 8/31/2020 1090 BAYCOM, INC. 21,128.57 ALPR SYSTEM SQUAD 2160 80698 EQUIPINV_028002 20212.6580 227634 OTHER EQUIPMENT GRANTS/DONATIONS POLICE 21,128.57

138092 8/31/2020 12248 BERCHTOLD, JAMIE 85.00 FOOTBALL REFUND 80521 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138093 8/31/2020 12249 BERRY, OSCAR 65.00 FOOTBALL REFUND 80522 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00

138094 8/31/2020 12151 BOELKE, AMY 8.00 REFUND CANCELLED FITNESS CLASS 80523 8/10/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 8.00

138095 8/31/2020 12329 BOESER, SHAWN & JOSEPHINE HUTTON 300.00 36-627-0-0-091 EASMENT 80611 62760-01-091 40432.6302 201611 PROFESSIONAL SERVICES 2016 LOCAL IMPROVEMENTS 300.00

138096 8/31/2020 6613 BONK, PHIL 85.00 FOOTBALL REFUND 80525 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138097 8/31/2020 12250 BOSER, DAN 85.00 FOOTBALL REFUND 80526 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138098 8/31/2020 12251 BRANDNER, STEPHANIE 10.00 GYMNASTICS REFUND 80527 8/11/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 10.00

138099 8/31/2020 1134 BREMER BANK 18,530.00 633 CONCORD ST S EASMENT 80612 75150-00-291 40432.6302 201611 PROFESSIONAL SERVICES 2016 LOCAL IMPROVEMENTS 18,530.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 14 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138099 8/31/2020 1134 BREMER BANK Continued...

138100 8/31/2020 12252 BULTINICK, KRISTEN 85.00 FOOTBALL REFUND 80528 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138101 8/31/2020 12253 BURKET, SCOTT 85.00 FOOTBALL REFUND 80529 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138102 8/31/2020 12254 CASTONE, LYLE 324.00 CANCELLED ROOM RESERVATION 80530 8/11/2020 20250.4546 CSCC ROOM RENTAL CENTRAL SQUARE 23.04 CSCC 80530 8/11/2020 20250.2081 DUE TO OTHER GOVT-SALES CENTRAL SQUARE 347.04

138103 8/31/2020 4887 CENGAGE LEARNING INC - GALE 111.16 ADULT FICTION BOOKS 80623 71075803 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 111.16

138104 8/31/2020 1184 CINTAS CORPORATION #754 49.13 WORK SHIRTS 80614 4059172315 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 26.13 WORK SHIRTS 80614 4059172315 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MTNCE 16.53 WORK SHIRTS 80614 4059172315 50605.6245 CLOTHING ALLOWANCE WATER UTILITY 16.53 WORK SHIRTS 80614 4059172315 50606.6245 CLOTHING ALLOWANCE SEWER UTILITY 25.31 WORK SHIRTS 80614 4059172315 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 49.13 WORK SHIRTS 80615 4057855750 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 26.13 WORK SHIRTS 80615 4057855750 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MTNCE 16.53 WORK SHIRTS 80615 4057855750 50605.6245 CLOTHING ALLOWANCE WATER UTILITY 16.53 WORK SHIRTS 80615 4057855750 50606.6245 CLOTHING ALLOWANCE SEWER UTILITY 70.06 WORK SHIRTS & TOWELS 80615 4057855750 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 49.13 WORK SHIRTS 80616 4058489224 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 26.13 WORK SHIRTS 80616 4058489224 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MTNCE 16.53 WORK SHIRTS 80616 4058489224 50605.6245 CLOTHING ALLOWANCE WATER UTILITY 16.53 WORK SHIRTS 80616 4058489224 50606.6245 CLOTHING ALLOWANCE SEWER UTILITY 25.31 WORK SHIRTS 80616 4058489224 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 266.65 MATS 80617 4058489186 10320.6210 OPERATING SUPPLIES PUBLIC WORKS 712.29

138105 8/31/2020 1192 CITY OF ST. PAUL 2,866.16 ASPHALT FOR PATCHING 80618 IN42211 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 2,866.16 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 15 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138105 8/31/2020 1192 CITY OF ST. PAUL Continued...

138106 8/31/2020 12255 CLAUSEN, GLORIA 85.00 FOOTBALL REFUND 80531 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138107 8/31/2020 5188 COOPER MECHANICAL LLC 1,700.00 PLUMBING/HEATER PD BIOHAZARD 80619 8/9/2020 20212.6302 227661 PROFESSIONAL SERVICES GRANTS/DONATIONS POLICE 152.50 WASHER & DRYER 80619 8/9/2020 20212.6302 227661 PROFESSIONAL SERVICES GRANTS/DONATIONS POLICE 2,700.00 LABOR 80619 8/9/2020 20212.6302 227661 PROFESSIONAL SERVICES GRANTS/DONATIONS POLICE 4,552.50

138108 8/31/2020 12256 CORNELL, JANE 90.00 FOOTBALL REFUND 80532 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 90.00

138109 8/31/2020 12257 COUEY, ERIN 85.00 FOOTBALL REFUND 80533 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138110 8/31/2020 12258 CUDO, TONY 85.00 FOOTBALL REFUND 80534 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138111 8/31/2020 11317 CUSTOM CAP & TIRE 253.16 MOWER & TRAILER TIRES 80699 270028130 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 253.16

138112 8/31/2020 1247 DAKOTA COUNTY FINANCIAL SERVICES 1,259.82 RADIO FEES JULY 2020 80620 00038891 10210.6371 REPAIRS & MAINT CONTRACTUAL POLICE PROTECTION 1,259.82

138113 8/31/2020 1265 DANNER INC. 202.16 CLASS 5/LORRAINE RINK & LOT 80621 192498 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 202.16

138114 8/31/2020 12259 DICKHAUSEN, KRISTINA 85.00 FOOTBALL REFUND 80535 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138115 8/31/2020 12260 DODGE, MATT R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 16 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138115 8/31/2020 12260 DODGE, MATT Continued... 85.00 FOOTBALL REFUND 80536 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138116 8/31/2020 5967 ERB, DAWN 85.00 FOOTBALL REFUND 80537 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138117 8/31/2020 10873 FARRELL EQUIPMENT & SUPPLY CO., INC. 16.99 BIT 80622 INV000000011191 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 46 16.99

138118 8/31/2020 12261 FITZGERALD, AMANDA 85.00 FOOTBALL REFUND 80538 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138119 8/31/2020 12262 GARAFOLA, MONICA 85.00 FOOTBALL REFUND 80539 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138120 8/31/2020 12263 GIVENS, LAURA 85.00 FOOTBALL REFUND 80540 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138121 8/31/2020 12264 GLENN, SARA 85.00 FOOTBALL REFUND 80541 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138122 8/31/2020 12265 GOLDSCHMITZ, TIFFANY 85.00 FOOTBALL REFUND 80542 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138123 8/31/2020 12266 GROSS, KATIE 85.00 FOOTBALL REFUND 80543 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138124 8/31/2020 11834 GUARDIAN SUPPLY LLC 21.99 BELT 80624 7008 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 326.95 SHIRTS/PANTS/EMBROIDERY 80625 7009 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 910.82 UNIFORM START UP 80626 7010 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 17 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138124 8/31/2020 11834 GUARDIAN SUPPLY LLC Continued... 344.94 SHIRTS PANTS 80627 6967 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 644.91 SHIRTS PANTS JACKET 80628 6976 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 2,249.61

138125 8/31/2020 1558 HEALTHEAST MEDICAL TRANSPORTATION 88.40 20002011 BLOOD DRAW 80630 8/10/2020 10210.6302 PROFESSIONAL SERVICES POLICE PROTECTION 88.40

138126 8/31/2020 1562 HEALTHPARTNERS MEDICAL GROUP 172.00 PRE-EMPL PHYSICAL 80629 2470 10125.6302 PROFESSIONAL SERVICES HUMAN RESOURCES 172.00

138127 8/31/2020 5544 HENDERSON, SCOTT 85.00 FOOTBALL REFUND 80544 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138128 8/31/2020 5232 HILLER COMMERICAL FLOORS 7,873.60 FLOORING/FORMER LICENSE CENTER 80631 2113757 10210.6460 NON-RECURRING COST POLICE PROTECTION 7,873.60

138129 8/31/2020 12267 HUSTON, MELISSA 65.00 FOOTBALL REFUND 80545 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00

138130 8/31/2020 6626 INDELCO PLASTICS CORPORATION 99.78 HOSE CLAMPS/FITTINGS&SHANKS 80632 INV203071 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 99.78

138131 8/31/2020 9031 ISAAC, ROBERT 85.00 FOOTBALL REFUND 80546 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138132 8/31/2020 12269 JANSEN, CHIP 70.00 REFUND CANCELLED PARK RESERVAT 80548 8/11/2020 10520.4465 PARKS FACILITIES RENTAL PARKS ADMINISTRATION 4.99 CSCC 80548 8/11/2020 10101.2081 DUE TO OTHER GOVT-SALES GENERAL FUND 74.99

138133 8/31/2020 12270 JESTUS, TOM 264.00 REFUND CANCELLED ROOM RENTAL 80549 8/11/2020 20250.4546 CSCC ROOM RENTAL CENTRAL SQUARE 264.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 18 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138133 8/31/2020 12270 JESTUS, TOM Continued...

138134 8/31/2020 3970 JOHNSON, JEROME 65.00 FOOTBALL REFUND 80550 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00

138135 8/31/2020 12271 JOKIMAKI, KELLY 85.00 FOOTBALL REFUND 80551 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00 FOOTBALL REFUND 80551 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 170.00

138136 8/31/2020 6118 KABATO, FATIYA 85.00 FOOTBALL REFUND 80552 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138137 8/31/2020 12272 KAWLEWSKI, MARA 85.00 FOOTBALL REFUND 80603 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00 FOOTBALL REFUND 80603 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 150.00

138138 8/31/2020 7927 KENNEDY & GRAVEN, CHARTERED 810.00 LEGAL JULY 2020 80700 SU150-00006 10101.2205 100160 DEPOSITS GENERAL FUND 810.00

138139 8/31/2020 12268 KIME, TAYLOR 85.00 FOOTBALL REFUND 80547 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138140 8/31/2020 12273 KIRCHNER, JENNIFER 210.00 SWITCHED FROM PAVILLION/SHELTR 80554 8/12/2020 10520.4465 PARKS FACILITIES RENTAL PARKS ADMINISTRATION 14.97 CSCC 80554 8/12/2020 10101.2081 DUE TO OTHER GOVT-SALES GENERAL FUND 224.97

138141 8/31/2020 12274 KOLBECK, CHRISTINA 85.00 FOOTBALL REFUND 80555 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138142 8/31/2020 12277 KOPPEN, AMANDA 85.00 FOOTBALL REFUND 80556 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 19 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138143 8/31/2020 12278 KRAETZNER, KRYSTAL Continued... 85.00 FOOTBALL REFUND 80557 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138144 8/31/2020 12279 KRAMMER, KATIE 85.00 FOOTBALL REFUND 80558 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138145 8/31/2020 1803 LANGUAGE LINE SERVICES 410.27 OVER THE PHONE TRANSLATION 80633 4857112 10210.6302 PROFESSIONAL SERVICES POLICE PROTECTION 410.27

138146 8/31/2020 12280 LEBLANC, JADE 85.00 FOOTBALL REFUND 80559 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138147 8/31/2020 12282 LEIJIA, JENNIFER 65.00 FOOTBALL REFUND 80561 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00

138148 8/31/2020 12281 LETENDRE, JENNIFER SOLIS 85.00 FOOTBALL REFUND 80560 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00 FOOTBALL REFUND 80560 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 150.00

138149 8/31/2020 12283 MARKS, KRISTA 85.00 FOOTBALL REFUND 80562 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138150 8/31/2020 12284 MCINTYRE, BECKY 70.00 FOOTBALL REFUND 80563 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 70.00

138151 8/31/2020 12285 MICHALEK, TREVOR 85.00 FOOTBALL REFUND 80564 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138152 8/31/2020 1942 MIDWEST FENCE & MFG. 92.00 SINGLE DAK LATCH 80701 182431 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 92.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 20 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138153 8/31/2020 1949 MIDWEST TAPE Continued... 49.18 DVDS PROCESSING 80635 99214887 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 64.57 DVDS PROCESSING 80636 99232580 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 28.23 DVDS PROCESSING 80637 99214889 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 19.23 DVDS PROCESSING 80638 99219370 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 79.98 AUDIOBOOKS 80639 99229757 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 11.24 CDS 80640 99229758 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 34.99 AUDIOBOOKS 80641 99231580 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 13.23 DVDS PROCESSING 80642 99232368 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 71.94 DVDS PROCESSING 80643 99232369 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 83.67 DVDS PROCESSING 80644 99232581 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 8.99 CDS 80645 99257875 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 34.99 AUDIOBOOKS 80646 99257877 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 113.97 AUDIOBOOKS 80647 99257878 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 614.21

138154 8/31/2020 12287 MURPHY, HEATHER 85.00 FOOTBALL REFUND 80565 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138155 8/31/2020 12288 NELSON, WILLIAM 24.17 MEMBERSHIP CANCELLATION 80566 8/4/2020 20250.4541 CSCC MEMBERSHIPS CENTRAL SQUARE 1.72 CSCC 80566 8/4/2020 20250.2081 DUE TO OTHER GOVT-SALES CENTRAL SQUARE 25.89

138156 8/31/2020 12330 NORTH CONCORD LLLP 19,275.00 1200 CONCORD ST N EASEMENT 80649 01600-80-010 40432.6302 201611 PROFESSIONAL SERVICES 2016 LOCAL IMPROVEMENTS 19,275.00

138157 8/31/2020 6708 ORKIN, LLC 834.00 NM APT 302 TREATMENT 80650 205112635 50677.6371.090 MTNCE-EXTERMINATION NAN MCKAY APT BLDG 834.00

138159 8/31/2020 5324 PACE, CORY 54.99 BOOT REIMBURSEMENT 80723 419231 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 54.99

138160 8/31/2020 9247 PALODICHUK, JOAN 15.50 REFUND AQUA CLASS 80568 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 15.50 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 21 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138161 8/31/2020 12291 PEREZ, DANIEL Continued... 85.00 FOOTBALL REFUND 80569 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138162 8/31/2020 6683 POPP COMMUNICATIONS 124.08 NM FIRE ALARM SYSTEM 80702 992630368 50677.6390 POSTAGE AND TELEPHONE NAN MCKAY APT BLDG 124.08 JC FIRE ALARM SYSTEM 80702 992630368 50678.6390 POSTAGE AND TELEPHONE JOHN CARROLL APT BLDG 248.16

138163 8/31/2020 2286 QUILL LLC 17.37 WIPES 80651 9392812 20230.6210 OPERATING SUPPLIES LIBRARY 51.72 SANITIZER 80652 9493952 20230.6210 OPERATING SUPPLIES LIBRARY 6.51 WIPES 80653 9542317 20230.6210 OPERATING SUPPLIES LIBRARY 8.58 SHARPIES 80654 9543743 20230.6201 OFFICE SUPPLIES LIBRARY 26.55 SANITIZER/TRASH BAGS 80654 9543743 20230.6210 OPERATING SUPPLIES LIBRARY 34.74 WIPES 80655 9637786 20230.6210 OPERATING SUPPLIES LIBRARY 5.56 WIPES 80656 9638056 20230.6210 OPERATING SUPPLIES LIBRARY 151.03

138164 8/31/2020 12292 REGAN, ANNE 85.00 FOOTBALL REFUND 80570 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138165 8/31/2020 6370 REHAK, JAMMIE 10.00 REFUND CANCELLED GYMNASTICS 80571 8/11/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 10.00

138166 8/31/2020 12293 REID, SETH 85.00 FOOTBALL REFUND 80572 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138167 8/31/2020 1634 RICOH USA, INC. 89.93 COPY MACHINE RENTAL 80657 103998534 10410.6378 COPIER MAINTENANCE AGREEMENT DEVELOPMENT SERVICES 89.93 COPY MACHINE RENTAL 80657 103998534 20260.6378 COPIER MAINTENANCE AGREEMENT HOUSING GENERAL 59.94 COPY MACHINE RENTAL 80657 103998534 20280.6378 COPIER MAINTENANCE AGREEMENT ECON DEV GENERAL 54.36 NM COPY MACHINE RENTAL 80660 103205099 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 54.36 NM COPY MACHINE RENTAL 80661 103320482 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 56.90 NM COPY MACHINE RENTAL 80662 103441649 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 56.90 NM COPY MACHINE RENTAL 80663 103561225 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 56.90 NM COPY MACHINE RENTAL 80664 103674716 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 56.90 NM COPY MACHINE RENTAL 80665 103800797 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 22 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138167 8/31/2020 1634 RICOH USA, INC. Continued... 56.90 NM COPY MACHINE RENTAL 80666 103916341 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 56.90 COPY MACHINE RENTAL 80667 104026661 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 3.62 COPY MACHINE RENTAL 80668 103085926 50677.6240 MINOR EQUIPMENT AND FURNITURE NAN MCKAY APT BLDG 3.62 JC COPY MACHINE RENTAL 80669 103104277 50678.6240 MINOR EQUIPMENT AND FURNITURE JOHN CARROLL APT BLDG 54.36 JC COPY MACHINE RENTAL 80670 103220175 50678.6240 MINOR EQUIPMENT AND FURNITURE JOHN CARROLL APT BLDG 54.36 JC COPY MACHINE RENTAL 80671 103342348 50678.6240 MINOR EQUIPMENT AND FURNITURE JOHN CARROLL APT BLDG 56.90 JC COPY MACHINE RENTAL 80672 103461982 50678.6240 MINOR EQUIPMENT AND FURNITURE JOHN CARROLL APT BLDG 56.90 JC COPY MACHINE RENTAL 80673 103578788 50678.6240 MINOR EQUIPMENT AND FURNITURE JOHN CARROLL APT BLDG 56.90 JC COPY MACHINE RENTAL 80674 103700757 50678.6240 MINOR EQUIPMENT AND FURNITURE JOHN CARROLL APT BLDG 56.90 JC COPY MACHINE RENTAL 80675 103819691 50678.6240 MINOR EQUIPMENT AND FURNITURE JOHN CARROLL APT BLDG 56.90 JC COPY MACHINE RENTAL 80676 103935254 50678.6240 MINOR EQUIPMENT AND FURNITURE JOHN CARROLL APT BLDG 1,090.38

138168 8/31/2020 1636 RICOH USA, INC. 140.04 BLACK & WHITE COPIES 80658 5060204764 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 140.04

138169 8/31/2020 12294 RIEF, JENNIFER 65.00 FLAG FOOTBALL REFUND 80573 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00

138170 8/31/2020 12295 RIVERA, STEPHANIE 90.00 FOOTBALL REFUND 80574 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 70.00 FOOTBALL REFUND 80574 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 90.00 FOOTBALL REFUND 80574 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 250.00

138171 8/31/2020 12331 RJR ENTERPRISE LLC 8,450.00 820 CONCORD ST N EASMENT 80677 70209-27-032 40432.6302 201611 PROFESSIONAL SERVICES 2016 LOCAL IMPROVEMENTS 8,450.00

138172 8/31/2020 12296 ROACH, JENNIFER 90.00 FOOTBALL REFUND 80575 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 90.00

138173 8/31/2020 6030 ROHRER, ELIZABETH 90.00 FOOTBALL REFUND 80576 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 90.00

138174 8/31/2020 12297 SALAS, ANGELO R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 23 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138174 8/31/2020 12297 SALAS, ANGELO Continued... 85.00 FOOTBALL REFUND 80577 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138175 8/31/2020 12300 SAMUAL, SHAWNA 85.00 FOOTBALL REFUND 80582 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138176 8/31/2020 12298 SANSFIELD, BONNIE 85.00 FOOTBALL REFUND 80578 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138177 8/31/2020 2408 SCHINDLER ELEVATOR CORPORATION 785.89 NM MONTHLY SERVICE CONTRACT 80678 8105407511 50677.6371.040 MTNCE-ELEVATOR MTNCE NAN MCKAY APT BLDG 785.89

138178 8/31/2020 12302 SCHLOSSER, KARI 8.00 REFUND CANCELLED FITNESS CLASS 80585 8/11/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 8.00

138179 8/31/2020 12303 SCHMIDT, ANITA 85.00 FOOTBALL REFUND 80586 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00 FOOTBALL REFUND 80586 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 150.00

138180 8/31/2020 2414 SCHMIDT, KEN 85.00 FOOTBALL REFUND 80579 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138181 8/31/2020 12299 SCHWAB, CHRISTOPHER 85.00 FOOTBALL REFUND 80580 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138182 8/31/2020 6792 SEABERG, TOM 85.00 FOOTBALL REFUND 80581 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138183 8/31/2020 5064 SEERY, KATHLEEN 18.00 REFUND AQUA CLASS 80583 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 18.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 24 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138184 8/31/2020 12304 SHANLEY, NICOLE Continued... 90.00 FOOTBALL REFUND 80587 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 70.00 FOOTBALL REFUND 80587 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 160.00

138185 8/31/2020 12332 SHARSKI INC/THOMAS J SHARKEY 800.00 VACANT LAND EASEMENT 80679 02200-25-040 40432.6302 201611 PROFESSIONAL SERVICES 2016 LOCAL IMPROVEMENTS 800.00

138186 8/31/2020 12305 SIELSKI, JODY 85.00 FOOTBALL REFUND 80588 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138187 8/31/2020 12317 SLATER, NICOLE 85.00 FOOTBALL REFUND 80591 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138188 8/31/2020 12301 SONKO, CHEIKH 65.00 FOOTBALL REFUND 80584 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00

138189 8/31/2020 10929 SOS TECHNOLOGIES LLC 1,060.75 AED BATTERIES 80680 180017 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 1,060.75

138190 8/31/2020 2505 SOUTH EAST TOWING INC 200.00 TOW FEES 80681 221599 10210.6371 REPAIRS & MAINT CONTRACTUAL POLICE PROTECTION 200.00

138191 8/31/2020 12318 SOWELL, CHAMAERA 85.00 FOOTBALL REFUND 80592 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138192 8/31/2020 11763 TENVOORDE FORD INC. 34,322.50 2020FORD POLICEUTILITY VIN2999 80687 F10175 60703.6550 MOTOR VEHICLES CENTRAL GARAGE FUND 34,322.50

138193 8/31/2020 12319 THOMPSON, JOHANA 65.00 FOOTBALL REFUND 80593 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 25 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138194 8/31/2020 12158 TIMELESS HOMES LLC Continued... 1,000.00 ESCROW REFUND 711 13TH AVE N 80688 SS030520 40410.2205 DEPOSITS LOCAL IMPROVEMENT CONST 1,000.00 ESCROW REFUND 703 13TH AVE N 80689 SS028610 40410.2205 DEPOSITS LOCAL IMPROVEMENT CONST 2,000.00

138195 8/31/2020 2677 TRI STATE BOBCAT INC 750.00 BIT & AUGER ADAPTER/JD TRACTOR 80690 A75654 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 750.00

138196 8/31/2020 2685 TURFWERKS 48.79 BLADE 80691 JI51365 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 48.79

138197 8/31/2020 2693 TWIN CITY JANITOR SUPPLY, INC. 288.63 DYMON DO-IT ALL WIPES 80692 172754 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 288.63

138198 8/31/2020 12320 VALERIO, SUZANNE 85.00 FOOTBALL REFUND 80594 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138199 8/31/2020 12290 VAN REESE, APRIL 85.00 FOOTBALL REFUND 80589 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138200 8/31/2020 6470 W S & D PERMIT SERVICE 40.00 REFUND PERMIT SS031386 80693 SS031386 10420.4263 BUILDING LICENSING & CODE ENFORCEMENT 1.00 STATE SURCHARGE 80693 SS031386 10101.2083 SURCHARGES GENERAL FUND 5.00- ADMIN FEE 1340 6TH AVE S 80693 SS031386 10420.4493 OTHER CHARGE FOR SERVICE - COM LICENSING & CODE ENFORCEMENT 36.00

138201 8/31/2020 12323 WALLACE, TIM 85.00 FOOTBALL REFUND 80597 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138202 8/31/2020 12321 WENGENROTH, DIANE 65.00 FOOTBALL REFUND 80595 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00

138203 8/31/2020 12324 WILDES, VANESSA 85.00 FOOTBALL REFUND 80598 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 26 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138203 8/31/2020 12324 WILDES, VANESSA Continued... 85.00

138204 8/31/2020 12325 WILLIAMS, KEISHA 85.00 FOOTBALL REFUND 80599 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00 FOOTBALL REFUND 80599 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 170.00

138205 8/31/2020 12322 WILLIAMS, STEPHANIE 65.00 FOOTBALL REFUND 80596 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00 FOOTBALL REFUND 80596 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 130.00

138206 8/31/2020 11891 WISE, ELAINE 65.00 FOOTBALL REFUND 80590 8/7/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 65.00

138207 8/31/2020 12326 YANG, DAO 150.00 CANCELLED ROOM RESERVATION 80600 8/11/2020 20250.4546 CSCC ROOM RENTAL CENTRAL SQUARE 150.00

138208 8/31/2020 12327 YANG, LINDA 85.00 FOOTBALL REFUND 80601 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138209 8/31/2020 12328 YBARRA, JOE 85.00 FOOTBALL REFUND 80602 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION 85.00

138210 8/31/2020 12333 YOGA JOURNAL 16.99 1 YR SUBSCRIPTION RENEWAL 80694 8/11/2020 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 16.99

138211 8/31/2020 2867 ZIEGLER, INC. 84.34 WARRANTY INSPECT/NEW LOADER 80695 SW140176656 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 174.00 LABOR 80695 SW140176656 60703.6371 REPAIRS & MAINT CONTRACTUAL CENTRAL GARAGE FUND 274.44 BOLTS/NUTS&END EDGE FOR LOADER 80696 PC002174336 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 532.78

138212 8/31/2020 12289 OSBORNE, JAMIE 85.00 FOOTBALL REFUND 80567 8/6/2020 10520.4463 FALL, WINTER & SPRING PROGRAMS PARKS ADMINISTRATION R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 27 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138212 8/31/2020 12289 OSBORNE, JAMIE Continued... 85.00

138213 9/8/2020 1005 2020 BRAND SOLUTIONS 167.40 CAPS WITH LOGOS 80729 41787-1 10315.6240 MINOR EQUIPMENT AND FURNITURE ENGINEERING 167.40

138214 9/8/2020 1044 ANCOM COMMUINICATIONS 654.50 EQUIPMENT FOR TRUCKS 80730 96646 40402.6550 MOTOR VEHICLES CAPITAL PROGRAMS FUND 666.36 NEW RADIO&IGNITION SWITCH CABL 80838 96833 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 275.89 LABOR 80838 96833 60703.6371 REPAIRS & MAINT CONTRACTUAL CENTRAL GARAGE FUND 1,596.75

138215 9/8/2020 4059 ASCENT AVIATION GROUP, INC. 23,251.46 7500 GAL 100LL 80731 697079 20245.6250 MERCHANDISE FOR RESALE AIRPORT 24,001.56 8000 GAL 100LL 80732 693697 20245.6250 MERCHANDISE FOR RESALE AIRPORT 47,253.02

138216 9/8/2020 4231 AXON ENTERPRISE, INC. 420.00 TECH ASSURANCE PLAN 80733 SI-1676909 10210.6240 MINOR EQUIPMENT AND FURNITURE POLICE PROTECTION 420.00

138217 9/8/2020 2888 BOYER TRUCKS 93.20 COVER-SHIF FOR TK #334 80735 925100 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 93.20 COVER-SHIF FOR TK #307 80736 925439 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 186.40

138218 9/8/2020 5733 BRENNAN, VIOLET 18.00 REFUND CANCELLED SWIM CLASS 80839 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 18.00

138219 9/8/2020 1173 CDW GOVERNMENT INC 212.30 POWER CABLES 80737 ZQX1356 10160.6240 MINOR EQUIPMENT AND FURNITURE INFORMATION TECHNOLOGY 60.72 CABLE ADAPTER 80738 ZNF8485 10160.6240 MINOR EQUIPMENT AND FURNITURE INFORMATION TECHNOLOGY 276.25 KEYBOARDS AND MICE 80739 ZNQ0093 10160.6240 MINOR EQUIPMENT AND FURNITURE INFORMATION TECHNOLOGY 204.87 TONER 80740 ZPB0043 10160.6210 OPERATING SUPPLIES INFORMATION TECHNOLOGY 8,663.08 PLOTTER PRINTER 80741 ZTG1893 40407.6571 COMPUTER HARDWARE EQUIPMENT ACQUISITION F 1,805.28 REPLACEMENT CAMERA 80742 ZSV0897 40407.6571 COMPUTER HARDWARE EQUIPMENT ACQUISITION F 11,222.50

138220 9/8/2020 1177 CENTRAL TURF & IRRIGATION SUPPLY, INC. R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 28 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138220 9/8/2020 1177 CENTRAL TURF & IRRIGATION SUPPLY, INC. Continued... 107.56 DURA RND VALVE BOX & CLAMP 80743 50234211-00 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 107.56

138221 9/8/2020 1184 CINTAS CORPORATION #754 49.13 WORK SHIRTS 80744 4059774826 10320.6245 CLOTHING ALLOWANCE PUBLIC WORKS 26.13 WORK SHIRTS 80744 4059774826 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MTNCE 16.53 WORK SHIRTS 80744 4059774826 50605.6245 CLOTHING ALLOWANCE WATER UTILITY 16.53 WORK SHIRTS 80744 4059774826 50606.6245 CLOTHING ALLOWANCE SEWER UTILITY 25.31 WORK SHIRTS 80744 4059774826 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 133.63

138222 9/8/2020 1203 COMMERCIAL ASPHALT CO 2,459.52 ASPHALT FOR STREET PATCHING 80745 200815 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 4,426.16 ASPHALT FOR PAVING LORRAINE 80745 200815 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 6,885.68

138223 9/8/2020 10850 CONTROLOGIX SERVICES, LLC 322.20 VAV CONTROLLERS 80746 20-078 10330.6220 REPAIR & MAINTENANCE SUPPLIES BUILDINGS 1,300.00 EBCON 80746 20-078 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 460.00 TROUBLESHOOTING EBCON 80746 20-078 10320.6371 REPAIRS & MAINT CONTRACTUAL PUBLIC WORKS 2,082.20

138224 9/8/2020 2009 CORE & MAIN, LP 453.97 MANHOLE LID EXTRACTOR&PICK 80747 M817322 50605.6240 MINOR EQUIPMENT AND FURNITURE WATER UTILITY 572.50 FIRE HOSE 80840 M850717 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 1,026.47

138225 9/8/2020 10710 CURBSIDE LANDSCAPE & IRRIGATION 750.00 APPLICATION KAPOSIA PARK 80748 210009 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 750.00

138226 9/8/2020 8459 D. ERVASTI SALES CO., LLC 894.40 DIAMOND CLAY CONDITIONER 80841 14926 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 894.40

138227 9/8/2020 1247 DAKOTA COUNTY FINANCIAL SERVICES 2,457.00 DAKOTA BROADBAND BOARD 3QTR 80749 00038778 10160.6302 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 2,457.00

138228 9/8/2020 1279 DEMCO, INC. R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 29 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138228 9/8/2020 1279 DEMCO, INC. Continued... 4.66 BONE TOOLS & BOOK CARTS 80750 682867 20230.6201 OFFICE SUPPLIES LIBRARY 1,097.98 BOOK CARTS 80750 682867 20230.6240 MINOR EQUIPMENT AND FURNITURE LIBRARY 25.00- PROMOTIONAL DISCOUNT 80750 682867 20230.6240 MINOR EQUIPMENT AND FURNITURE LIBRARY 1,077.64

138229 9/8/2020 1303 DOODY CLEANING SERVICES 340.00 AUGUST CLEANING 80751 400 20245.6371 REPAIRS & MAINT CONTRACTUAL AIRPORT 340.00

138230 9/8/2020 11855 EMERGENCY RESPONSE SOLUTIONS, LLC 935.60 EQUIPMENT FOR TRUCKS 80752 15818 40402.6550 MOTOR VEHICLES CAPITAL PROGRAMS FUND 935.60

138231 9/8/2020 1373 EVANS, LAURA 18.00 REFUND CANCELLED SWIM CLASS 80842 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 13.50 REFUND CANCELLED SWIM CLASS 80842 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 31.50

138232 9/8/2020 4117 FOBBE CONTRACTING INC 2,100.00 WORK ON HYDRANTS 80753 4337 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 2,100.00

138233 9/8/2020 1452 GALLS LLC 129.98 SHIRTS 80754 016210781 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 13.18 SHIRT EMBROIDERY 80755 016227747 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 258.00 RESERVES BADGE PATCHES 80756 016238695 10210.6430 MISCELLANEOUS POLICE PROTECTION 401.16

138234 9/8/2020 12215 GEORGE KOUNTOUPES PAINTING CO. 230,850.00 TANK REHAB PAY EST 2 80757 PAY EST 2 50605.6530 201908 IMPR OTHER THAN BUILDING WATER UTILITY 159,637.50 TANK REHAB PAT EST 3 80758 PAT EST 3 50605.6530 201908 IMPR OTHER THAN BUILDING WATER UTILITY 390,487.50

138235 9/8/2020 1485 GLOBE PRINTING & OFFICE SUPPLIES INC 314.00 OVERTIME VOUCHERS 80759 77213J 10210.6201 OFFICE SUPPLIES POLICE PROTECTION 52.09 WHITE TIME CARDS 80843 76868J 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 52.09 WHITE TIME CARDS 80843 76868J 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 52.09 WHITE TIME CARDS 80843 76868J 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 52.08 WHITE TIME CARDS 80843 76868J 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 522.35 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 30 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138235 9/8/2020 1485 GLOBE PRINTING & OFFICE SUPPLIES INC Continued...

138236 9/8/2020 1546 HANCO CORPORATION 245.40 MULTI TRAC FOR JD TRACTOR 80760 535202 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 245.40

138237 9/8/2020 6678 HD SUPPLY FACILITIES MAINTENANCE , LTD 118.52 NM SMOKE ALARM/TOILET SEAT 80762 9183977995 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 88.13 NM GLOVES/SINK BASKET/HOSE 80763 9183937393 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 158.43 NM MAINT REQ FORMS 80764 9184018784 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 94.94 NM TOWELS & HANDRAIL 80765 9184082006 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 27.52 NM NO MESS FOGGER 80766 9184082004 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 731.02 JC TRASH BAGS/TOWELS & GLOVES 80767 9183939893 50678.6220 REPAIR & MAINTENANCE SUPPLIES JOHN CARROLL APT BLDG 120.12 JC GLASS CLEANER & MOP 80844 918429483 50678.6220 REPAIR & MAINTENANCE SUPPLIES JOHN CARROLL APT BLDG 1,338.68

138238 9/8/2020 12358 HILDEBRANDT, SUSAN 18.00 REFUND CANCELLED SWIM CLASS 80845 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 18.00

138239 9/8/2020 9689 HOISINGTON KOEGLER GROUP, INC. 1,000.00 COMP PLAN PROF SERVICES JUN 20 80761 018007-22 10410.6302 PROFESSIONAL SERVICES DEVELOPMENT SERVICES 1,000.00

138240 9/8/2020 6568 HUSNIK HOME FOOD SUPPLY 950.00 235 CONCORD EXCHANGE 80846 8/25/2020 40432.6530 201611 IMPR OTHER THAN BUILDING 2016 LOCAL IMPROVEMENTS 950.00

138241 9/8/2020 6398 INNOVATIVE OFFICE SOLUTIONS LLC 198.28 JC ENVELOPES/POSTITS/STAPLER 80768 IN3068449 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 198.28

138242 9/8/2020 10649 JACK THE CARPENTER, INC 1,000.00 ESCROW REFUND 920 7TH AVE S 80769 SS030812 40410.2205 DEPOSITS LOCAL IMPROVEMENT CONST 1,000.00

138243 9/8/2020 11578 JANISCH, JEANNE 18.00 REFUND CANCELLED SWIM CLASS 80847 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 18.00

138244 9/8/2020 12357 JOHNSON, LAWRENCE R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 31 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138244 9/8/2020 12357 JOHNSON, LAWRENCE Continued... 10.00 REFUND CANCELLED SWIM CLASS 80848 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 16.00 REFUND CANCELLED SWIM CLASS 80848 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 26.00

138245 9/8/2020 1719 KAPOSIA TREE SERVICE 1,500.00 TREE & STUMP REMOVAL 80770 08152020 10320.6221 202004 SEAL COATING & TREE MAIN PUBLIC WORKS 2,200.00 REMOVAL LARGE TREE & STUMP 80771 08242020 10320.6221 202004 SEAL COATING & TREE MAIN PUBLIC WORKS 3,700.00

138246 9/8/2020 7927 KENNEDY & GRAVEN, CHARTERED 3,595.36 EASEMENT ACQUISTION 80772 156303 40432.6530 201611 IMPR OTHER THAN BUILDING 2016 LOCAL IMPROVEMENTS 3,595.36

138247 9/8/2020 1740 KIMLEY-HORN AND ASSOCIATES, INC. 210,555.15 CONCORD ST FD THRU 7/31/20 80849 17215434-16 40432.6530 201611 IMPR OTHER THAN BUILDING 2016 LOCAL IMPROVEMENTS 210,555.15

138248 9/8/2020 12356 KINNEY, MARY 12.00 REFUND CANCELLED SWIM CLASS 80850 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 18.00 REFUND CANCELLED SWIM CLASS 80850 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 30.00

138249 9/8/2020 12355 KOLIHA, PAMELLA 19.50 REFUND CANCELLED SWIM CLASS 80851 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 19.50

138250 9/8/2020 11469 KRIER, CAROLE 15.50 REFUND CANCELLED SWIM CLASS 80852 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 15.50

138251 9/8/2020 12361 LARSON PROPERTIES, LLC 20,000.00 6TH ST E & CONCORD ST EASMENT 80853 8/25/2020 40432.6530 201611 IMPR OTHER THAN BUILDING 2016 LOCAL IMPROVEMENTS 20,000.00

138252 9/8/2020 12354 LASTINE, LORI 19.50 REFUND CANCELLED SWIM CLASS 80854 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 26.00 REFUND CANCELLED SWIM CLASS 80854 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 45.50

138253 9/8/2020 4649 LEAGUE OF MN CITIES INSURANCE TRUST R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 32 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138253 9/8/2020 4649 LEAGUE OF MN CITIES INSURANCE TRUST Continued... 2,556.88 WK COMP CLM RUNOFF 80773 6/30/2020 10320.6151 WORKERS COMP DEDUCTIBLE PUBLIC WORKS 2,556.88

138254 9/8/2020 11325 M&B SERVICES INC. 140.00 REFUND EXCAVATION FEE 80855 SS031890 10320.4431 STREETS-CHG FOR SERV.(OTHER) PUBLIC WORKS 5.00- ADMIN FEE 80855 SS031890 10420.4493 OTHER CHARGE FOR SERVICE - COM LICENSING & CODE ENFORCEMENT 135.00

138255 9/8/2020 12197 MARSOLEK, TOM 12.00 REFUND CANCELLED SWIM CLASS 80856 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 18.00 REFUND CANCELLED SWIM CLASS 80856 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 30.00

138256 9/8/2020 1911 MENARDS, INC-WEST ST PAUL 164.00 OFFICE FRIDGE 80776 23793 20243.6220 REPAIR & MAINTENANCE SUPPLIES DOUG WOOG ARENA 169.09 HOSE ACCESS KIT&CONCRETE MIX 80777 22931 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 11.99- RETURN 1" PEX BALL VALVE 80778 23046 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 53.09 STEEL RIP HAMMER/JOINT PLIERS 80779 23049 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 374.19

138257 9/8/2020 12352 MERCADO, SONIA 19.50 REFUND CANCELLED SWIM CLASS 80857 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 19.50

138258 9/8/2020 1913 MERIT ELECTRIC COMPANY 3,977.39 ELECTRICAL SRVC PD BOIHAZARD 80780 72102 20212.6371 227661 REPAIRS & MAINT CONTRACTUAL GRANTS/DONATIONS POLICE 3,846.52 ELECT DATA SRVC PD TRAINING RM 80781 72111 10210.6460 NON-RECURRING COST POLICE PROTECTION 647.79 ETHERNET WIRING 80782 72112 10160.6302 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 8,471.70

138259 9/8/2020 5582 METRO PRODUCTS INC 181.34 ANCHORCHAIN/SOLVANT&CARB-CHOKE 80783 153654 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 181.34

138260 9/8/2020 12353 MUELLER, DEBRA 26.00 REFUND CANCELLED SWIM CLASS 80858 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 26.00

138261 9/8/2020 9298 NAPA NEWPORT 153.14 NAPA AIR&OIL FILTERS/LIP SEALS 80784 2514-884727 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 33 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138261 9/8/2020 9298 NAPA NEWPORT Continued... 10.40 FUEL FILTERS 80785 2514-884840 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 48.08 NAPA CABIN AIR FILTERS 80786 2514-884894 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 60.40 LIP SEALS 80787 2514-885002 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 30.56- AIR OIL FUEL FILTERS RETURNED 80788 2514-885088 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 15.10 LIP SEAL 80789 2514-885089 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 19.55 NAPA GOLD OIL FILTERS 80790 2514-885374 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 10.40 NAPA GOLD OIL FILTERS 80791 2514-882574 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 204.78- RETURN BATTERY 80792 2514-886798 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 81.73

138262 9/8/2020 2149 OFFICE OF MN IT SERVICES 384.27 STATE INTERNET CONNCETION 80793 DV20070432 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 331.52 STATE PHONE CONNCETIONS 80794 W20070592 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 157.54 STATE PHONE AIRPORT 80794 W20070592 20245.6390 POSTAGE AND TELEPHONE AIRPORT 873.33

138263 9/8/2020 2176 OXYGEN SERVICES COMPANY 330.03 RECYCLING CYLINDERS 80795 08370059 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 249.19 ACETYLENE&OXYGEN CYLINDER 80796 08370466 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 579.22

138264 9/8/2020 12359 PALODICHUK, LADEAN 70.00 REFUND PARK RESERVATION 80859 8/19/2020 10520.4465 PARKS FACILITIES RENTAL PARKS ADMINISTRATION 4.99 PARK & REC 80859 8/19/2020 10101.2081 DUE TO OTHER GOVT-SALES GENERAL FUND 74.99

138265 9/8/2020 2240 PLUNKETT'S PEST CONTROL, INC. 79.07 PEST CONTROL/PUBLIC WORKS 80797 6761596 10320.6371 REPAIRS & MAINT CONTRACTUAL PUBLIC WORKS 27.04 PEST CONTROL WELL #4 80798 6751792 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 103.42 PEST CONTROL/CITY HALL 80799 6751801 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 30.00 PEST CONTROL/MCMORROW FLD 80800 6752129 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 239.53

138266 9/8/2020 2286 QUILL LLC 12.32 STYLUSS 80801 9520799 20230.6201 OFFICE SUPPLIES LIBRARY 5.29 WIPES 80802 9638452 20230.6210 OPERATING SUPPLIES LIBRARY 47.30 BOX FAN 80803 9802312 20230.6240 MINOR EQUIPMENT AND FURNITURE LIBRARY 40.67 STAMPERS 80804 9874941 20230.6201 OFFICE SUPPLIES LIBRARY 105.58 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 34 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138267 9/8/2020 1636 RICOH USA, INC. Continued... 39.12 B & W AND COLOR COPIES 80863 5060249991 20230.6378 COPIER MAINTENANCE AGREEMENT LIBRARY 39.12

138268 9/8/2020 11349 ROSENBAUER MINNESOTA LLC 2,975.00 2 PUMPERS & CHASSIS 80805 67420 40402.6550 MOTOR VEHICLES CAPITAL PROGRAMS FUND 2,975.00

138269 9/8/2020 11845 SATIN TOUCH, INC. 447.50 NM PAINTING APT 508 80806 1036856 50677.6371.060 MTNCE-UNIT TURNAROUND NAN MCKAY APT BLDG 447.50

138270 9/8/2020 5683 SEACHANGE PRINT INNOVATIONS 255.85 50 BALLOT CASES/ABSENTEEBALLOT 80807 515132 10140.6210 OPERATING SUPPLIES CITY CLERK 255.85

138271 9/8/2020 6703 SENTRY SYSTEMS, INC 30.00 NM MONITORING SYSTEM SEPT20 80808 760594 50677.6375.3 OTHER CONTR SVCS-SECURITY NAN MCKAY APT BLDG 30.00 JC MONITORING SYSTEM SEPT20 80808 760594 50678.6375.3 OTHER CONTR SVCS-SECURITY JOHN CARROLL APT BLDG 60.00

138272 9/8/2020 5227 SHARROW LIFTING PRODUCTS 40.18 HOOK FOR NORTHEND LIFT STATION 80814 140331 50606.6220 REPAIR & MAINTENANCE SUPPLIES SEWER UTILITY 40.18

138273 9/8/2020 2464 SHORT ELLIOTT HENDRICKSON INC 30,440.61 ALICE CT WATER TOWER JULY 2020 80809 391062 50605.6302 201908 PROFESSIONAL SERVICES WATER UTILITY 317.42 ODORCONTROL TCH PLANTEXPANSION 80810 390896 10101.2205 100115 DEPOSITS GENERAL FUND 3,839.78 ODOR MONITORING JULY 2020 80811 390904 10420.6302 PROFESSIONAL SERVICES LICENSING & CODE ENFORCEMENT 1,868.05 TMOBILE OVERLAY@THOMPSON JUL20 80812 391142 10101.2205 100163 DEPOSITS GENERAL FUND 254.23 TMOBILE OVERLAY @ ALICE JUL 20 80813 391141 10101.2205 100142 DEPOSITS GENERAL FUND 36,720.09

138274 9/8/2020 2491 SNAP ON TOOLS 399.00 36 PC BIT SOCKET SET 80815 081220135604 10340.6240 MINOR EQUIPMENT AND FURNITURE PARKS FACILITIES AND MTNCE 399.00

138275 9/8/2020 2514 SOUTH ST. PAUL STEEL SUPPLY CO., INC. 40.15 ROUND TUBE/FOR PARK SIGNS 80816 01160246 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 40.15 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 35 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138276 9/8/2020 11588 STEENBERG, HOWIE Continued... 175.00 BOOT REIMBURSEMENT 80817 75964 10340.6245 CLOTHING ALLOWANCE PARKS FACILITIES AND MTNCE 175.00

138277 9/8/2020 12360 SUCHY, KEITH 15.50 REFUND CANCELLED SWIM CLASS 80860 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 15.50

138278 9/8/2020 12351 SUNDIAL ENERGY 12,369.00 SOLAR LIGHT FIXTURES 50%PYMT 80818 8/18/2020 40402.6302 201485 PROFESSIONAL SERVICES CAPITAL PROGRAMS FUND 12,369.00

138279 9/8/2020 2648 T-MOBILE 35.00 HOT SPOT 80824 487685314 10315.6390 POSTAGE AND TELEPHONE ENGINEERING 8/16/20 35.00

138280 9/8/2020 4658 TOTAL TOOL SUPPLY, INC. 7.96 CARBIDE HAMMER BIT 80819 01420258 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 99.67 IMPACT WRENCH W/ FRICTION RING 80820 01419317 10320.6240 MINOR EQUIPMENT AND FURNITURE PUBLIC WORKS 99.67 IMPACT WRENCH W/ FRICTION RING 80820 01419317 10340.6240 MINOR EQUIPMENT AND FURNITURE PARKS FACILITIES AND MTNCE 99.66 IMPACT WRENCH W/ FRICTION RING 80820 01419317 50605.6240 MINOR EQUIPMENT AND FURNITURE WATER UTILITY 306.96

138281 9/8/2020 2664 TRACTOR SUPPLY CREDIT PLAN 5.97 EYE BOLTS 80821 329052 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 13.99 BULK LP 80822 419232 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 50.96 LINESMEN PLIERS&CHAINS 80823 420263 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 70.92

138282 9/8/2020 2744 VAN PAPER COMPANY 455.10 TRASH BAGS/TOWELS/TISSUE/SOAP 80825 548001-00 10330.6210 OPERATING SUPPLIES BUILDINGS 455.10

138283 9/8/2020 1879 WALTER, DENNIS J. & SUSAN L. 1,050.00 1581 CONCORD ST N EASEMENT 80861 8/25/2020 40432.6530 201611 IMPR OTHER THAN BUILDING 2016 LOCAL IMPROVEMENTS 1,050.00

138284 9/8/2020 12191 WESLEY, CYNTHIA 16.00 REFUND CANCELLED SWIM CLASS 80862 8/19/2020 20250.4543 CSCC PROGRAMMING CENTRAL SQUARE 16.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 36 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138284 9/8/2020 12191 WESLEY, CYNTHIA Continued...

138285 9/8/2020 8540 WINDSCAPES 5,884.00 MULCH DELIVERED&INSTALLED 80827 20-146-01 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 1,770.00 MULCH DELIVERED&INSTALLED 80828 20-146-02 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 2,832.00 MULCH DELIVERED&INSTALLED 80828 20-146-02 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 10,486.00

138286 9/8/2020 2844 WSB & ASSOC INC 252.00 BTHREE NPDES INSP 80829 R-010526-000-34 10101.2205 100140 DEPOSITS GENERAL FUND JULY 336.00 TC HIDE 80829 R-010526-000-34 10101.2205 100114 DEPOSITS GENERAL FUND JULY 42.00 DANNER VERDEROSA SITE 80829 R-010526-000-34 10101.2205 100101 DEPOSITS GENERAL FUND JULY 658.00 KAPOSIA LANDING NPDES INSP 80829 R-010526-000-34 40402.6371 201485 REPAIRS & MAINT CONTRACTUAL CAPITAL PROGRAMS FUND JULY 6,989.75 KAPOSIA LANDING PH2 PLANS #13 80830 R-014431-000-13 40402.6302 201485 PROFESSIONAL SERVICES CAPITAL PROGRAMS FUND 8,277.75

138287 9/8/2020 2849 XCEL ENERGY 1,195.09 PUBLIC WORKS AUGUST 2020 80831 698022244 10320.6385 UTILITY SERVICE PUBLIC WORKS 610.12 STORMWATER UTILITY FUND 80831 698022244 50610.6385 UTILITY SERVICE STORM WATER UTILITY 783.35 STREET LIGHT UTILITY FUND 80831 698022244 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 727.16 ELECTRICAL CHG KAPOSIA LANDING 80832 698274087 10340.6385 UTILITY SERVICE PARKS FACILITIES AND MTNCE 9,723.60 WOOG ARENA ELECTRIC 80833 697843298 20243.6385 UTILITY SERVICE DOUG WOOG ARENA 13,039.32

138288 9/8/2020 7333 YALE MECHANICAL, LLC 550.95 PERFORMED SUMMER MAINT 80834 215340 10320.6371 REPAIRS & MAINT CONTRACTUAL PUBLIC WORKS 3,378.95 PREFORMED SUMMER MAINT 80835 215346 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 3,929.90

138289 9/8/2020 2864 ZEE MEDICAL SERVICE 20.15 GERM X WIPES & LENS CLEANERS 80836 54083462 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 20.15 GERM X WIPES & LENS CLEANERS 80836 54083462 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 20.15 GERM X WIPES & LENS CLEANERS 80836 54083462 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 60.45

138290 9/8/2020 2866 ZEP SALES & SERVICE 1,398.79 TRUCK WASH SUPPLIES 80837 9005458322 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 37 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 138290 9/8/2020 2866 ZEP SALES & SERVICE Continued... 1,398.79

800390 8/24/2020 1825 LEVANDER, GILLEN & MILLER PA 62.50 LEGAL SSP ROD & GUN CLUB 80515 41000E 77/31/20 10101.2205 100096 DEPOSITS GENERAL FUND 1,500.00 JULY LEGAL 2020 80515 41000E 77/31/20 10130.6306 PROFESSIONAL SVCS - RETAINER CITY ATTORNEY 1,769.00 JULY LEGAL 2020 80515 41000E 77/31/20 10130.6302 PROFESSIONAL SERVICES CITY ATTORNEY 1,275.00 JULY LEGAL 2020 80515 41000E 77/31/20 20245.6302 PROFESSIONAL SERVICES AIRPORT 3,436.39 JULY LEGAL 2020 80515 41000E 77/31/20 20280.6302 PROFESSIONAL SERVICES ECON DEV GENERAL 511.50 LEGAL 357 1ST AVE S REMEDIATIO 80515 41000E 77/31/20 40402.6302 227653 PROFESSIONAL SERVICES CAPITAL PROGRAMS FUND 6,577.50 LEGAL CONCORD ST IMP 80515 41000E 77/31/20 40432.6302 201611 PROFESSIONAL SERVICES 2016 LOCAL IMPROVEMENTS 15,131.89

800391 8/28/2020 1969 MINNESOTA AFSCME, COUNCIL NO. 5 15.00 80717 0825201257554 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 15.00

800392 8/31/2020 3615 CAMPBELL KNUTSON, P.A. 14,846.02 LEGAL PROSECUTION FEES 80613 3168G 7/31/20 10130.6304 PROFESSIONAL SVCS-CRIMINAL CITY ATTORNEY 14,846.02

800393 8/31/2020 1843 LOCAL GOVERNMENT INFORMATION SYSTEMS 52.00 APPL SUP - UB (RETIREES) 80634 49071 10150.6375 OTHER CONTRACTED SERVICES FINANCE 2,685.00 APPL SUP - FINANCIAL 80634 49071 10150.6375 OTHER CONTRACTED SERVICES FINANCE 760.00 APPL SUP - HUBBLE/INSIGHTS 80634 49071 10150.6375 OTHER CONTRACTED SERVICES FINANCE 2,348.00 APPL SUP - PAYROLL/HR 80634 49071 10150.6375 OTHER CONTRACTED SERVICES FINANCE 1,985.00 APPL SUP - POLICE MCD 80634 49071 10210.6375 OTHER CONTRACTED SERVICES POLICE PROTECTION 343.00 APPL SUP - PS RECORDS 80634 49071 10210.6375 OTHER CONTRACTED SERVICES POLICE PROTECTION 1,825.00 APPL SUP - PARK & REC 80634 49071 10520.6371 REPAIRS & MAINT CONTRACTUAL PARKS ADMINISTRATION 2,000.00 APPL SUP - GIS BASE 80634 49071 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 1,206.00 APPL SUP - GIS ELECTIVES 80634 49071 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 2,728.00 APPL SUP - PIMS 80634 49071 10420.6375 OTHER CONTRACTED SERVICES LICENSING & CODE ENFORCEMENT 213.00 APPL SUP - PIMS BUSINESS LIC 80634 49071 10140.6375 OTHER CONTRACTED SERVICES CITY CLERK 213.00 APPL SUP - PIMS CODE ENFORC 80634 49071 10420.6375 OTHER CONTRACTED SERVICES LICENSING & CODE ENFORCEMENT 213.00 APPL SUP - PIMS EPERMITS 80634 49071 10420.6375 OTHER CONTRACTED SERVICES LICENSING & CODE ENFORCEMENT 58.00 APPL SUP - INTERNET 80634 49071 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 2,284.00 APPL SUP - IPT TELEPHONY 80634 49071 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 1,542.00 HOSTED BACKUPS 80634 49071 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 375.00 HOSTED SEIM 80634 49071 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 5,178.00 APPL SUP - UTILITY BILLING 80634 49071 50600.6302 PROFESSIONAL SERVICES UTILITY ADMINISTRATION 26,008.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 38 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 800393 8/31/2020 1843 LOCAL GOVERNMENT INFORMATION SYSTEMS Continued...

800394 8/31/2020 6458 NELSON, MITCHELL 55.96 REIMBURSE SHIRTS & BELT 80648 8/6/2020 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 55.96

800395 8/31/2020 2585 STREICHER'S - MINNEAPOLIS 306.98 BOOTS & EARPIECE 80683 I1444699 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 369.95 BOOTS/GLOVES/LIGHT/BELT GEAR 80684 I1445245 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 179.98 CUFF HOLDER & WEAPON LIGHT 80685 I1446423 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 56.99 DUTY BELT 80686 I1444476 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 913.90

800396 9/8/2020 3632 BOLTON & MENK, INC. 520.00 VARIANCE REQUEST PREP 80734 0255201 40436.6530 202001 IMPR OTHER THAN BUILDING 2020 LOCAL IMPROVEMENTS 520.00

800397 9/8/2020 1843 LOCAL GOVERNMENT INFORMATION SYSTEMS 875.00 NETWORK SUPPORT 80774 49126 10160.6302 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 45.00 TOKENS 80775 49158 10160.6375 OTHER CONTRACTED SERVICES INFORMATION TECHNOLOGY 920.00

800398 9/8/2020 2818 WILCOX, CHRISTY 272.55 MILEAGE REIMBURSEMENT 80826 8/31/2020 10140.6331 CONFERENCES, TRAINING, TRAVEL CITY CLERK 272.55

2020262 8/14/2020 1559 HEALTHPARTNERS 491.27 HRA REIMBURSEMENT 80703 08/05/20-08/11/ 70805.6131 EMPLOYEE HRA REIMBURSEMENT EMPLOYEE HEALTH REIMBUR 20 491.27

2020263 8/17/2020 6037 HEALTHPARTNERS-DENTAL 1,026.25 DENTAL CLAIMS PAID 80704 08/06/20-08/12/ 60709.6132 DENTAL CLAIMS PAID SELF-INSURED DENTAL 20 1,026.25

2020264 8/19/2020 2011 MINNESOTA PUBLIC FACILITIES AUTHORITY 134,000.00 LOAN PRINCIPLE 80705 8/20/2020 50605.6601 BOND PRINCIPAL WATER UTILITY 12,373.16 LOAN INTEREST 80705 8/20/2020 50605.6611 BOND INTEREST WATER UTILITY 146,373.16 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 39 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2020265 8/21/2020 1559 HEALTHPARTNERS Continued... 263.93 HRA REIMBURSEMENT 80706 08/12/20-08/18/ 70805.6131 EMPLOYEE HRA REIMBURSEMENT EMPLOYEE HEALTH REIMBUR 20 263.93

2020266 8/21/2020 7583 HEALTHPARTNERS 74.07 FSA REIMBURSEMENT DCRA 2020 80707 08/12/20-08/18/ 10101.2179 FLEXIBLE BENEFIT PLAN GENERAL FUND 20 74.07

2020267 8/21/2020 2013 MINNESOTA REVENUE ( C ) 77.17 SALES TAX JULY 2020 80708 JULY 2020 10101.2081 DUE TO OTHER GOVT-SALES GENERAL FUND .48- SALES TAX JULY 2020 80708 JULY 2020 10101.4673 CASH OVER/SHORT GENERAL FUND 41.84 SALES TAX JULY 2020 80708 JULY 2020 20230.2081 DUE TO OTHER GOVT-SALES LIBRARY 1,569.43 SALES TAX JULY 2020 80708 JULY 2020 20243.2081 DUE TO OTHER GOVT-SALES DOUG WOOG ARENA 28.49 SALES TAX JULY 2020 80708 JULY 2020 20245.2081 DUE TO OTHER GOVT-SALES AIRPORT 155.58 SALES TAX JULY 2020 80708 JULY 2020 20250.2081 DUE TO OTHER GOVT-SALES CENTRAL SQUARE 2,948.97 SALES TAX JULY 2020 80708 JULY 2020 50605.2081 DUE TO OTHER GOVT-SALES WATER UTILITY 4,821.00

2020268 8/24/2020 6037 HEALTHPARTNERS-DENTAL 1,231.59 DENTAL CLAIMS PAID 80709 08/13/20-08/19/ 60709.6132 DENTAL CLAIMS PAID SELF-INSURED DENTAL 20 1,231.59

2020269 8/28/2020 1338 EFTPS 33,392.78 80710 0825201257551 10101.2171 FEDERAL WITHHOLDING GENERAL FUND 34,591.98 80715 0825201257552 10101.2173 FICA TAX WITHHOLDING GENERAL FUND 67,984.76

2020270 8/28/2020 2013 MINNESOTA REVENUE ( C ) 14,480.61 80721 0825201257558 10101.2172 STATE WITHHOLDING GENERAL FUND 14,480.61

2020271 8/28/2020 1978 MINNESOTA CHILD SUPPORT PAYMENT CENTER 329.02 80718 0825201257555 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 611.90 80719 0825201257556 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 940.92

2020272 8/28/2020 2200 PERA 62,033.62 80712 08252012575511 10101.2174 PERA GENERAL FUND R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 40 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2020272 8/28/2020 2200 PERA Continued... 62,033.62

2020273 8/28/2020 2748 VANTAGE POINT TRANSFER (EFT) 4,376.68 80713 08252012575512 10101.2175 OTHER RETIREMENT GENERAL FUND 4,376.68

2020274 8/28/2020 10755 OPTUM 2,636.87 80714 08252012575513 10101.2176 HOSPITALIZATION/MED INSURANCE GENERAL FUND 2,636.87

2020275 8/28/2020 2096 NATIONWIDE RETIREMENT SOLUTIONS 7,224.33 80711 08252012575510 10101.2175 OTHER RETIREMENT GENERAL FUND 7,224.33

2020276 8/28/2020 2018 MINNESOTA STATE RETIREMENT SYSTEM (EFT) 2,287.50 80722 0825201257559 10101.2175 OTHER RETIREMENT GENERAL FUND 2,287.50

2020277 9/1/2020 1338 EFTPS 139.04 80724 0826201034011 10101.2171 FEDERAL WITHHOLDING GENERAL FUND 822.34 80725 0826201034012 10101.2173 FICA TAX WITHHOLDING GENERAL FUND 961.38

2020278 9/1/2020 2013 MINNESOTA REVENUE ( C ) 55.06 80726 0826201034013 10101.2172 STATE WITHHOLDING GENERAL FUND 55.06

2020279 9/1/2020 2200 PERA 566.51 80728 0826201034015 10101.2174 PERA GENERAL FUND 566.51

2020280 9/1/2020 2018 MINNESOTA STATE RETIREMENT SYSTEM (EFT) 1,849.36 80727 0826201034014 10101.2175 OTHER RETIREMENT GENERAL FUND 1,849.36

2020281 8/31/2020 6037 HEALTHPARTNERS-DENTAL 975.77 DENTAL CLAIMS PAID 80864 08/20/20-08/26/ 60709.6132 DENTAL CLAIMS PAID SELF-INSURED DENTAL 2020 975.77 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 9/3/2020 12:34:57 Council Check Register by GL Page - 41 Council Check Register and Summary

Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2,128,875.38 Grand Total Payment Instrument Totals

Checks 1,749,537.42

EFT Payments 320,654.64 A/P ACH Payment 58,683.32 Total Payments 2,128,875.38 A CITY COUNCIL AGENDA REPORT Date: September 8, 2020 8-C Department: Parks & Recreation Prepared by: Shannon Young Administrator: JRH

AGENDA ITEM: Declare Certain City Property Surplus and Approve Disposal or Sale

ACTION TO BE CONSIDERED: Motion to adopt Resolution No. 2020-112 declaring certain City property as surplus and authorizing disposal or sale of surplus property.

OVERVIEW:

Staff hereby requests the City Council of South St. Paul to consider the following items to be declared surplus and approve the disposal or sale.

• 27 Disc Golf Baskets

The items listed above have out lived their use with the City. These items will be sold as a bid process. The City needs to formally adopt the attached resolution declaring these items surplus.

SOURCE OF FUNDS: N/A

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2020 – 112

A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZE THE SALE OF SUCH PROPERTY

WHEREAS, the following disc golf baskets have been replaced and are no longer needed by the City;

• 27 Disc Golf Baskets

NOW, THEREFORE, BE IT RESOLVED: that the South St. Paul City Council:

1. The above listed disc golf baskets are declared surplus property. 2. The above listed disc golf baskets are authorized to be sold.

Adopted this 8th day of September, 2020.

______City Clerk 8 - D SOUTH ST. PAUL CITY COUNCIL MINUTES OF AUGUST 17, 2020

Mayor James Francis called the regular meeting of the City Council to order at 7:00 p.m. on Monday, August 17, 2020.

ROLL CALL:

Present: Mayor Francis Councilmembers Dewey, Flatley, Forester, Hansen, Kaliszewski and Seaberg

Absent: None

Also Present: City Administrator, Joel Hanson Attorney, Peter Mikhail City Clerk, Christy Wilcox Director of EDA, Ryan Garcia City Planner, Michael Healy

5) Presentations

 There were no presentations.

6) Citizens’ Comments

 A resident spoke regarding fees being charged for the use of City parks for his fitness business and requested a discounted rate or that no fee be charged. This was referred to staff.

7) Agenda

Moved by Seaberg/Forester

MOVED: To approve the agenda.

Motion carried 7 ayes /0 nays

8) Consent Agenda

Moved by Kaliszewski/Hansen

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

A. City Council meeting minutes of July 20, 2020 B. Resolution No. 2020-107, approving accounts payable C. Resolution No. 2020-109, approving the purchase of solar lighting at Kaposia Landing

City Council Minutes of August 17, 2020 1 D. Contract with Kimley Horn for Construction Phase Services for Concord Street (TH156) Improvements. E. Business Licenses F. Resolution No. 2020-101, approving the property split at 1620 Waterloo Avenue

Motion carried 7 ayes/0 nays

8G) Accept Donation from the Schenian Family Foundation

Moved by Seaberg/Forester

MOVED: To approve Resolution No. 2020-106, accept donation from Schenian

Family Foundation.

Motion carried 7 ayes/0 nays

Discussion led by Ted Trkla: Mr. Trkla spoke in regards to the heritage of the Serbian Hall and the artifacts that he has collected over the years and preservation of those items. No action taken.

9A) Development Agreement Application for Bremer Bank Property – 633 Concord Street South including Second Reading of Ordinance

Moved by Forester/Seaberg

MOVED: To adopt Resolution No. 2020-103, approving a Preliminary Plat,

Conditional Use Permit, Conditional Use Permit for a Planned Unit Development and

Site Plan for a redevelopment project at 633 Concord Street South.

Motion carried 7 ayes/0 nays

Second Reading of Ordinance

Moved by Seaberg/Kaliszewski

MOVED: To adopt Ordinance No. 1362, an ordinance vacating two sewer and

utility easements at 633 Concord Street South.

Motion carried 7 ayes/0 nays

City Council Minutes of August 17, 2020 2

10A) 138 9th Street South Fence Height Variance

Moved Hansen/Dewey

MOVED: To approve Resolution No. 2020-105, approving a 2.5-foot fence

height Variance

Motion carried 7 ayes/0 nays

10B) Conditional Use Permit Request for Serbian Home at 404 3rd Avenue South

Moved by Flatley/Kaliszewski

MOVED: To adopt Resolution No. 2020-102, approving a Conditional Use

Permit for the Serbian Home at 404 3rd Avenue South to be used as a reception hall.

Motion carried 7 ayes/0 nays

10C) 1st Reading – Amendment Establishing Solar Energy Ordinance

Mayor Francis introduced the following proposed ordinance for its first reading:

AN ORDINANCE AMENDING ESTABLISHING A NEW SOLAR ENERGY ORDINANCE

10D) Authorization of Business Relief Grant Program

Moved by Dewey/Flatley

MOVED: To adopt Resolution No. 2020-104, City of South St. Paul Business

Relief Grant Program.

Motion carried 7 ayes/0 nays

10E) Agreement with SRF Consulting Group – Pedestrian Bridge

Moved by Hansen/Kaliszewski

MOVED: To adopt Resolution No. 2020-110, approving agreement with SRF

Consulting Group for a pedestrian bridge feasibility study at Bryant Avenue and Kaposia

Landing.

Motion carried 7 ayes/0 nays

City Council Minutes of August 17, 2020 3

10E) Preliminary Plat and Planned Unit Development Extension (South Street)

Moved by Hansen/Forester

MOVED: To adopt Resolution No. 2020-108, approving an extension to the

Preliminary Plat and Planned Unit Development approval for a 13-unit multifamily

development at 300 South Street West.

Motion carried 7 ayes/0 nays

11) Mayor and City Council Communications

12) Adjournment

Moved by Forester/Seaberg

MOVED: To adjourn the regular meeting of the City Council 9:00 p.m.

Motion carried 7 ayes /0 nays

Approve: September 8, 2020

______City Clerk

City Council Minutes of August 17, 2020 4 A CITY COUNCIL AGENDA REPORT DATE: September 8, 2020 8 - E DEPARTMENT: LICENSING/CODE ENFORCEMENT/CLERK Prepared by: Christy Wilcox ADMINISTRATOR: JRH

AGENDA ITEM: CARES Act Grant County-Municipality Agreement for COVID-related Election Expenses.

ACTION TO BE CONSIDERED:

Motion to adopt Resolution No. 2020-111, approving 2020 CARES Act Grant County- Municipality Agreement for COVID-19 related election expenses.

OVERVIEW:

The Office of the Secretary of State received funding through the 2020 CARES Act “to prevent, prepare for, and respond to coronavirus, domestically or internationally, for the 2020 Federal election cycle.” Minnesota Laws 2020, Chapter 77, authorized the use of these funds, including allowing for distributing these funds to local governments for use consistent with the state and federal requirements.

Dakota County received an allocation of the CARES Act funding and they are now distributing to cities and townships using a default allocation formula. South St. Paul’s allocation amount is $7,356.35, which requires a local 20% funding match.

State law outlines the categories for which the funds can be used, such as:

• Ensuring the health and safety of election officials and in-person voters, including the purchase of sanitation and disinfectant supplies; • Public outreach and preparations for implementing social distancing guidelines related to voting, including additional signs and staff; • Facilitation, support, and preparation for increased absentee voting, including voter education materials, printing and postage; • Preparation of training materials and administration of additional training of local election officials; and

The City has already incurred COVID-related election expenses that would satisfy the required 20% match of local funds and staff also expect more expenses related to the upcoming General Election. This grant will lessen the expected budget overage for the 2020 Election cycle.

SOURCE OF FUNDS:

City Clerk Budget (10140) City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2020-111

RESOLUTION APPROVING 2020 CARES ACT GRANT COUNT-MUNICIPALITY AGREEMENT FOR COVID-19 RELATED ELECTION EXPENSES

WHEREAS, the City of South St. Paul has identified increased election expenses related to the COVID-19 health pandemic; and

WHEREAS, Dakota County has received a 2020 CARES Act grant for increased election expenses; and

WHEREAS, Dakota County has proposed to allocate default grant amounts to cities to help defray increased elections expenses through a County-Municipality Agreement; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South St. Paul hereby selects the default funds allocation between the county and the municipality. The sum of $7,356.35 will be provided by the county to the municipality under the CARES Act grant to which the county is the Grantee, and the municipality acknowledges that it is subject to the provisions of paragraphs 1 through 5, 7 through 11 and 13 through 15 of the 2020 CARES Act Grant Agreement as if it were the Grantee.

BE IT FURTHER RESOLVED the City of South St. Paul approves the 2020 CARES Act Grant County-Municipality Agreement; and that Joel Hansen, City Administrator, is hereby authorized to execute such agreement and any amendments as are necessary to receive and use the funding for the 2020 elections.

Adopted this 8th day of September, 2020.

______City Clerk

STATE OF MINNESOTA 2020 CARES ACT GRANT COUNTY - MUNICIPALITYAGREEMENT

This Agreement (hereinafter “Agreement”) is made between Dakota County, ("Grantee"), and the City of South St. Paul, Minnesota, (“Municipality”)

Recitals

1 Under Minnesota Laws 2020, Chapter 77, section 4, Grantee applied for and received funds as requested in the grant application. Grantee entered into a Grant Agreement, which is attached as Exhibit A and incorporated into this Agreement as described in paragraph 1.3 below. 2 Grantee represented that it is duly qualified and agreed to perform all services described in that Agreement to the satisfaction of the State and in accordance with all federal and state laws authorizing these expenditures. Pursuant to Minn.Stat.§16B.98, Subd.1, Grantee and Municipality agree to minimize administrative costs as a condition of this grant. 3 Federal funds for this agreement are provided pursuant to the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, hereinafter the CARES Act. 4. Grantee is responsible for elections within its county and Municipality operates polling places within its jurisdiction. Both are in need of funds to take the necessary steps to respond to coronavirus, domestically or internationally, for the 2020 election cycle.in a complete manner. 5. Municipality represents that it has insufficient resources to respond in a complete manner without the grant amount provided pursuant to this agreement.

Agreement 1 Effectiveness of Agreement 1.1 Effective date: September 8, 2020, or the date all required signatures, have been affixed to the agreement by Grantee and Municipality, whichever is later. No payments will be made to Grantee until this Agreement is fully approved and executed. 1.2 Expiration date: December 31, 2020, or when all funds applied for and provided to Municipality by Grantee have been expended, or returned to Grantee for transmission to the State pursuant to paragraph 4.4 of the Agreement between Grantee and State, whichever occurs first. 1.3 Application of Terms. Municipality agrees to be subject to the obligations applicable to Grantee in the Grant Agreement set forth in Exhibit A in the following paragraphs of that Agreement: paragraphs 1 through 5; 7 through 11; and 13 through 16.

2 Municipality’s Duties Municipality is hereby awarded $7,356.35 from the funds provided by State to Grantee in the Grant Agreement set forth in Exhibit A, and will expend, no later than November 10, 2020, the funds only for the federal and state purposes, in preparations for and the necessary events connected with the primary election to be held August 11, 2020 and the general election to be held November 3, 2020, at which federal offices are on the ballot, and will return all unspent grant funds to Grantee, as described in the Grant Application submitted by Grantee, which is attached as Exhibit B and incorporated into this Agreement, by December 15, 2020. Grantee shall submit, by November 10, 2020, a financial reporting form to the Grantee in the form Grantee must use to report grant expenditures to the State of Minnesota, stating the amount spent from this grant in calendar year 2020 for authorized expenses or electronic roster systems, a description of each expense or purchase, and how much of the grant award is unexpended and is being returned, if any, and the total of the proportionate match required by Minnesota Laws 2020, Chapter 77, section 4.

3. Authorized Representative Grantee’s Authorized Representative is Andy Lokken, Director of Elections, 1560 Hwy 55, Ste. 2300, Hastings, MN 55033. 651-438-4324. [email protected]

Municipality’s Authorized Representative is Joel Hanson, City Administrator, 125 3rd Avenue North, South St. Paul, MN 55075. 651-554-3203. [email protected]

Grant payment will be made to: City of South St. Paul Federal ID Number: 41-6005520

If either Authorized Representative changes at any time before the funds provided for in this Agreement are fully expended, parties must notify each other of the change.

GRANTEE (County) Grantee certifies that the appropriate person(s) have executed the Agreement on behalf of Grantee as required by applicable resolutions or ordinances.

By: ______

Signed: ______

Title: ______

Date: ______

MUNICIPALITY

Jurisdiction: ______

By: ______

Title: ______

Date: ______

By: ______

Title: ______

Date: ______

Distribution: Grantee Municipality

2 City Council Agenda Date: September 8, 2020 8-F Department: Engineering Prepared by: Sue Polka, City Engineer Administrator: JRH

Agenda Item: Alice Court Water Tower Reconditioning Change Order #4

Action to be considered:

Approve Change Order #4 for Alice Court Water Tower Reconditioning.

Overview:

The contract completion date for the Alice Court Water Tower Reconditioning is currently August 31, 2020. Due to the amount of rain days that have occurred this summer, the Contractor is requesting an extension. The bid documents provided an Alternate B for an additional 5 weeks of working days with a deduct amount of $8,000.00. The Contractor has agreed to the deduct amount if the City will agree to extend the completion date to October 5, 2020. Staff feels that this is a reasonable request.

Source of Funds: The City’s 2019-2023 CIP includes a budgeted $1.2 million in 2020 for construction services for this work. The original contract amount was $882,000.00. If this change order is approved, the revised contract amount will be $870,625.00. CHANGE ORDER

City of South St. Paul, Minnesota August 17, 2020 OWNER DATE 4 OWNER'S PROJECT NO. CHANGE ORDER NO. Rehabilitation of the Alice Court 750,000 Gallon WT SSTPA 153164 71.50 PROJECT DESCRIPTION SEH FILE NO. The following changes shall be made to the contract documents: Description: Acceptance of Alternate B 18 week completion schedule Deduct $ 8,000.00

Purpose of Change Order: Schedule Extension

Basis of Cost: Actual Estimated Attachments (list supporting documents) none

Contract Status Time Cost Original Contract 91 days $882,000.00 Net Change Prior C.O.’s 1 to 3 0 ($3,375.00) Change this C.O. 35 ($8,000.00) Revised Contract 126 days $ 870,625.00

Recommended for Approval: Short Elliott Hendrickson Inc. by Patrick Skodje/Protective Coatings Manager Agreed to by Contractor: Approved for Owner:

BY George Kountoupes Painting Co. BY City of South St. Paul, Minnesota

TITLE TITLE Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1 s:\pt\s\sstpa\153164\7-const-svcs\71-mgmt\50-chg-order\change order 4\change order 4.docx

Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax A CITY COUNCIL AGENDA REPORT Date: September 8, 2020 8-G Department: Finance Prepared by: Clara Hilger Administrator: JRH

AGENDA ITEM: Approve Transfer of the 2019 Unassigned Fund Balance to the Capital Programs Fund

ACTION TO BE CONSIDERED:

Motion to approve the transfer of the excess 2019 Unassigned Fund Balance to the Capital Programs Fund.

OVERVIEW:

In December 2014, the City Council updated the Liquidity-Fund Balance Policy to state that, “The General Fund shall enter a new budget year with an unassigned fund balance that is in the range of 35-50% of the new year’s budgeted expenditures…”

At the end of 2019, the General Fund had an Unassigned Fund Balance of $8,369,718 which exceeded 50% of the 2020 General Fund budgeted expenditures by $53,847. For the 2020 budget, the Council authorized the use of $13,500 of the 2019 fund balance, which leaves $40,347.

Staff requests formal approval of the transfer of $40,347 from the General Fund to the Capital Programs Fund to provide funding for capital projects.

SOURCE OF FUNDS:

General Fund Unassigned Fund Balance A CITY COUNCIL AGENDA REPORT DATE: SEPTEMBER 8, 2020 8-H DEPARTMENT: LICENSING & CODE ENFORCEMENT DIVISION Prepared by: Renee Schmitt ADMINISTRATOR: JRH

AGENDA ITEM: Business Licenses

ACTION TO BE CONSIDERED:

Motion to adopt attached list, approving Business Licenses.

OVERVIEW:

Unless provided by City Code, licenses are annual and expire on May 31st of each year. Municipal Code requires that all licenses are approved by the City Council and subject to submittal of insurance certificates, forms and background investigation, when required, prior to issuance.

License renewals must be filed with the City Clerk at least 30 days before the license expires, that date being April 30th of each year.

The attached listing contains the following new applications:

License Type Applicant Property Address

Rental Housing Nathan Daniel Runke 1303 9th Ave S Rental Housing Kendall Phillip Boyum 131 8th Ave N Rental Housing Diego Christian Romero Jara 516 Stewart Ave Rental Housing Brittney D. Kline 112 Warburton St E Chicken License Shawn VanderVeer 1656 Stickney Ave

SOURCE OF FUNDS: N/A Report Name: City Council Report (Licenses) City of South St Paul Printed: 9/2/2020 Council Date Range: 9/8/2020 to 9/8/2020 Page: 1 City Council Report

ID Company License # License Type Status Issued Expires Address Complex Council 15280 Shawn Vanderveer 00010967 Chicken License A 09/01/2020 12/31/2038 1656 Stickney Ave 09/08/2020

15178 Efrain Dominguez Sosa 00010851 Rental Housing A 08/21/2020 05/31/2021 157 2nd Ave S 09/08/2020

15183 Taylor Arielle Jones 00010854 Rental Housing A 08/28/2020 05/31/2021 1047 7th Ave S 09/08/2020

15276 REDPOINT PROPERTIES, 00010963 Rental Housing A 08/17/2020 05/31/2021 131 8th Ave N 09/08/2020 LLC

15277 Nathan Daniel Runke 00010964 Rental Housing A 08/17/2020 05/31/2021 1303 9th Ave S 09/08/2020

11961 Laurie Macko 00010621 Rental Housing A 04/27/2020 05/31/2021 1936 Eva Ln 09/08/2020

13515 Joseph Gullerud 00010434 Rental Housing A 08/24/2020 05/31/2021 156 Frost St E 09/08/2020

15127 Jamie Leigh Galbreath 00010813 Rental Housing A 03/26/2020 05/31/2021 101-103 Stanley Ave 09/08/2020

15278 Diego Christian Romero Jara 00010965 Rental Housing A 08/21/2020 05/31/2021 516 Stewart Ave 09/08/2020

15279 Family Wealth LLC 00010966 Rental Housing A 08/26/2020 05/31/2021 112 Warburton St E 09/08/2020

10105 Advanced Disposal Services 00010085 Trash Hauler A 08/24/2020 05/31/2021 1375 7th Ave Residential AND 09/08/2020 Commercial Routes City Council Agenda Date: September 8, 2020 8-I Department: Airport Prepared by: Andrew Wall Administrator: JRH

Agenda Item: Approve Right of First Refusal with Justin Stewart

Action to be considered:

Adopt Resolution No. 2020-114, Approving Right of First Refusal at Fleming Field with Justin Stewart.

Overview:

Justin Stewart is considering leasing a hanger lot in the West Hanger Area at the Airport. He is finalizing the plans for the construction of his hanger to begin sometime next year.

Source of Funds:

N/A

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2020-114

RESOLUTION RELATING TO AIRPORT: APPROVE RIGHT OF FIRST REFUSAL AT FLEMING FIELD WITH JUSTIN STEWART.

WHEREAS, The City Council has reviewed and considered Right of First Refusal for Lot 12, Block 2, Airport Rearrangement 4th Addition:

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

1. That the forms, terms, and provisions of the Right of First Refusal and the transactions contemplated thereby are in all respects, hereby approved and adopted.

2. That the Mayor and the City Clerk are hereby authorized and directed to sign the Right of First Refusal in the name and on behalf of the City in the form hereby approved

Adopted this 8th day of September, 2020.

______City Clerk

RIGHT OF FIRST REFUSAL AGREEMENT TO LEASE WEST SIDE HANGAR LOT

THIS RIGHT OF FIRST REFUSAL AGREEMENT (Agreement) is made, entered into and effective this 8th day of September, 2020, by and between City of South St. Paul, a Minnesota municipal corporation, (City) and Justin Stewart (Prospective Tenant). For and in mutual consideration and subject to the terms and conditions of this Agreement, and in reliance upon the representations, recitals, warranties and covenants of the parties herein contained, the parties hereby agree as follows:

ARTICLE 1 RECITALS

Recital No. 1. Prospective Tenant desires to lease certain real property from City for the purposes of constructing and utilizing an aircraft hangar.

Recital No. 2. Prospective Tenant intends to incur certain expenses, including, but not limited to, design and architectural services related to its proposed utilization of the Hangar Property.

Recital No. 3. Prospective Tenant desires to purchase a leasehold Right of First Refusal to lease the Hangar Property so as to prevent Prospective Tenant from incurring unnecessary expenses, in the event the City leases the Hangar Property to someone else prior to the City entering into a lease with Prospective Tenant.

ARTICLE 2 DEFINITIONS

2.1 Terms. The following terms, unless elsewhere defined specifically in this Agreement, shall have the following meanings as set forth below.

2.2 City. “City” means the City of South St. Paul, Minnesota, a Minnesota municipal corporation. 2.3 Prospective Tenant. Prospective Tenant means Justin Stewart

2.4 Hangar Property. “Hangar Property” means, individually and collectively, that certain real property located in the County of Dakota, State of Minnesota, described and identified on the attached Exhibit A. Hangar Property shall also include all of the right, title and interest of the City in and to any easements, access, permits, rights-of-way, privileges, appurtenances and right to the same belonging to or inuring to the Hangar Property.

ARTICLE 3 RIGHT TO LEASE

3.1 Right To Lease For Hangar Construction. From the date of this Agreement until March 8, 2021 City shall not lease the Hangar Property without first providing Prospective Tenant a right to lease the Hangar Property. If City desires to lease the Hangar Property to another identified third party tenant, then City shall provide Prospective Tenant with a written offer that comprises the following:

a) written notice to Prospective Tenant of intent to lease;

b) an outline of all the other terms and conditions of the proposed lease;

c) the total proposed lease amount.

Prospective Tenant shall have ten (10) days from such offer to elect in writing to lease the Hangar Property for the price and in the manner described in the offer. If Prospective Tenant within the ten (10) day period elects to lease, then Prospective Tenant shall provide written notice to the City and the lease shall be executed within twenty (20) days after Prospective Tenant has given such written notice.

If as a result of the process set forth above, Prospective Tenant has not elected to lease, then the City shall have the right to lease the Hangar Property to the third party tenant.

3.2 Payment/Lease Credit. As consideration for the Right of First Refusal granted to Prospective Tenant in Section 3.1 above, Prospective Tenant has paid City $100 the receipt of which City acknowledges. In the event that the parties enter into a lease for the Hangar Property, the $ 100 payment shall be credited, by City, to rent payable thereunder.

3.3 Termination. The rights granted to Prospective Tenant hereunder, including, specifically the Right of First Refusal created by Section 3.1, shall terminate on the earlier of the following:

a.) March 8, 2021.

b.) Such time as the Prospective Tenant and City enter into a lease for the Hangar Property.

ARTICLE 4 MISCELLANEOUS

4.1 Headings. The headings in this Agreement are for convenience only and are not part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. It is understood and agreed that this Agreement has been made following negotiation by the parties and it is, therefore, not to be construed against any party because of draftsmanship.

-2- 4.2 Modifications. All modification to this Agreement must be in writing and signed by the parties hereto.

4.3 Entire Understanding. This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior arrangements and understandings between the parties hereto.

4.4 Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

4.5 Governing Law. This Agreement shall be governed by the laws of the State of Minnesota.

4.6 Binding Upon the Hangar Property. This Agreement runs with the Hangar Property and shall be binding upon the Hangar Property.

4.7 Binding Upon Parties and Assigns. This Agreement shall be binding upon the parties hereto and their heirs, successors and assigns.

4.8 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the party of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.

ARTICLE 5 NOTICE TO PUBLIC

5.1 Notice to Public. Upon recording, this Agreement shall serve as notice to the public of Custom Services Group Inc. right of first refusal to lease the Hangar Property.

ARTICLE 6 NOTICES

Any notices hereunder shall be deemed sufficiently given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows:

-3-

If to City: South St. Paul Airport Attention: Airport Manager 1725 Henry Avenue South St. Paul, MN 55075

If to Prospective Tenant: Justin Stewart 9909 Baxter Trail Inver Grove Heights, MN 55077

651-755-3310 [email protected]

or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day of mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove first set forth.

City of South St. Paul

By: James P. Francis Its: Mayor

By: Christy M. Wilcox Its: City Clerk

-4- By: Justin Stewart

STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )

The foregoing instrument was acknowledged before me, a notary public, on the _____ day of ______, 2020, by James P. Francis and Christy M. Wilcox, the Mayor and City Clerk respectively of the City of South St. Paul, a Minnesota municipal corporation on behalf of the municipal corporation.

Notary Public

STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )

The foregoing instrument was acknowledged before me, a notary public, on the _____ day of ______, 2020, by Justin Stewart.

Notary Public

-5- EXHIBIT A

LEGAL DESCRIPTION OF HANGAR PROPERTY

Lot 12, Block 2, Airport Rearrangement 4th Addition.

According to the plat thereof on file and of record in the office of the Dakota County Recorder.

A CITY COUNCIL AGENDA REPORT DATE: September 8, 2020 8-J DEPARTMENT: Legal PREPARED BY: Peter Mikhail, City Attorney

ADMINISTRATOR: JRH

AGENDA ITEM: Motion to authorize approval of administrative settlements - Concord Street Improvement Project #2016-11

ACTION TO BE CONSIDERED:

Motion to authorize approval of administrative settlements for Parcels 112, 114, and 214 for the 2016-11 Concord Street Improvement Project.

OVERVIEW:

The Council has already approved offers to acquire real property interests needed for the Concord Project, based on independent appraisals of damages. When a proposed settlement differs from the independent appraisal, staff seeks further Council authority to approve the settlement. The right of way agents have negotiated the following proposed settlements:

Parcel No. Proposed Settlement 112 $2,500 114 $1,150 214 $950

Staff recommends approval.

SOURCE OF FUNDS:

Capital Project Funds & Various Other Funding Sources

A CITY COUNCIL AGENDA REPORT DATE: September 8, 2020 10-A DEPARTMENT: ADMINISTRATION Prepared by: Joel Hanson, City Administrator ADMINISTRATOR: JRH

AGENDA ITEM: FIRST READING OF COMCAST CABLE TELEVISION FRANCHISE ORDINANCE

ACTION TO BE CONSIDERED: INTRODUCE FOR ITS FIRST READING – AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO COMCAST OF ST. PAUL

OVERVIEW:

The City Council is asked to introduce, for its first reading, the Comcast Cable Television Franchise Ordinance (“Ordinance”) as recommended by the Northern Dakota County Cable Communications Commission (“Commission”). A work session with NDC4 representatives will be held to further review the proposed ordinance and the associated impacts of this franchise renewal on September 14th. At the time of the second reading of the ordinance, other actions to be considered include approving a Summary of the Ordinance for publication in the newspaper of public record, and authorizing the Commission to execute the mutually agreed-upon Side Letter with Comcast.

The current cable television franchise was adopted in 2000 and initially expired in 2015. In accordance with federal law, the franchise renewal process began in 2012. For a number of reasons including corporate mergers, application for a competing franchise by CenturyLink, and marketplace uncertainty caused by a new FCC Order, the renewal process was delayed several times, and multiple extensions of the current cable television franchise term were granted by the City.

The Commission is a Joint Powers Cooperative comprised of seven (7) Member Cities (Inver Grove Heights, Lilydale, Mendota, Mendota Heights, South St. Paul, Sunfish Lake, and West St. Paul, Minnesota). The Commission is authorized to negotiate, recommend, enforce, and administer the cable television franchise on behalf of the Member Cities; however, each individual Member City adopts a cable television franchise as a City Ordinance according to its own ordinance procedures.

In July of 2020, the Commission and Comcast came to mutual agreement on terms and conditions of a renewal franchise. On August 5, 2020, the Commission passed a resolution recommending adoption of the renewal franchise with strong support of all commissioners in attendance. Comcast is in full support of the recommended ten-year renewal franchise and has agreed to execute the franchise as soon as all seven Member Cities have adopted the Ordinance.

On August 19th, Member Cities management staff, IT staff, and City Attorneys attended a briefing presented by the Commission’s Executive Director, Jodie Miller, the Commission’s outside legal counsel, Brian Grogan of Moss & Barnett, and LMCIT-assigned litigation attorneys, John Baker and Katherine Swenson of Greene Espel.

The ten-year renewal franchise provides the continuation of the 5% of gross revenues franchise fee, and improves PEG fee funding from the per subscriber, per month flat fee to a PEG fee in the amount of 2.25% of gross revenues. The renewal franchise maintains strong customer service and rights-of-way protections, and enforcement tools including a bond and a letter of credit security fund. Resources for local PEG programming including channels, technical support, and funding for capital purchases are retained, and High Definition (HD) channels are available within 90 days of enactment. Most importantly, the Commission and Comcast found a mutual solution to continuing many of the non-cash requirements in the current franchise. Important technical support items such as transmission of live signals from city halls, connections with other metro area stations to share programming, and cable TV service at city halls and the Commission’s office, will continue without the threat of a future deduction from franchise fee payments as allowed by the 2019 FCC “621 Order.” The “winding down” of the fiber I-Net that was used by cities, school districts, and other institutional users under the current franchise, is covered within the attached side letter.

FINANCIAL IMPACT:

The Commission will continue to receive the franchise fee and PEG fee revenues from Comcast on behalf of the Member Cities. Under the Joint Powers Agreement, the Commission remits an annual payment of 25% of the franchise fees to each Member City in its proportionate share of the total subscriber base. The Commission and Town Square Television utilize 75% of the franchise fees and the PEG fee revenues to provide PEG programming and franchise administration to the community on behalf of the Member Cities.

Cable television subscribership has gradually declined over the past few years with the changes in the marketplace and video viewing trends. This ten-year renewal franchise will provide some certainty and a stabilization of the PEG fee capital funding as Town Square Television and the Commission work on strategic planning for sustainability, assuming that the traditional cable video market transitions to an all-internet industry.

ATTACHED MATERIALS

1. Resolution approved by the Commission at its August 5, 2020, meeting; 2. Recommended Ordinance to be considered by the City; 3. Mutually agreed-upon side letter to be executed by the Commission and Comcast (“Side Letter”);

CITY OF SOUTH ST. PAUL, MINNESOTA

ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE

COMCAST OF ST. PAUL, INC.

September 8, 2020

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TABLE OF CONTENTS

SECTION 1 DEFINITIONS ...... 1 SECTION 2 FRANCHISE ...... 6 SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY ...... 9 SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM ...... 13 SECTION 5 SYSTEM DESIGN AND CAPACITY ...... 15 SECTION 6 PROGRAMMING AND SERVICES ...... 17 SECTION 7 LOCAL PEG PROGRAMMING ...... 18 SECTION 8 REGULATORY PROVISIONS ...... 24 SECTION 9 BOND ...... 25 SECTION 10 SECURITY FUND ...... 26 SECTION 11 VIOLATION PROCEDURE ...... 28 SECTION 12 FORECLOSURE AND RECEIVERSHIP ...... 30 SECTION 13 REPORTING REQUIREMENTS ...... 31 SECTION 14 CUSTOMER SERVICE POLICIES...... 32 SECTION 15 SUBSCRIBER PRACTICES ...... 37 SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS ...... 38 SECTION 17 MISCELLANEOUS PROVISIONS ...... 41 EXHIBIT A SD/HD PEG CHANNEL NUMBERS ...... A-1 EXHIBIT B DELIVERY OF LIVE AND RECORDED PROGRAMMING TO AND FROM BELOW LISTED ENTITIES ON C-RAN ...... B-1 EXHIBIT C PEG MONITORING AND TRANSPORT ...... C-1 EXHIBIT D FRANCHISE FEE PAYMENT WORKSHEET ...... D-1 EXHIBIT E MONTHLY SUBSCRIBER DATA REPORT ...... E-1

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ORDINANCE NO.

AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF ST. PAUL, INC. TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF SOUTH ST. PAUL, MINNESOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF A FRANCHISE; PROVIDING FOR CITY REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM; TERMINATING THE PRIOR FRANCHISE

FINDINGS

1. The City of South St. Paul, Minnesota (“City”), pursuant to applicable federal and state law, is authorized to grant one (1) or more nonexclusive cable television franchises to construct, operate, maintain and reconstruct cable television systems within the City limits.

2. Comcast of St. Paul, Inc., a Delaware corporation (“Grantee”) has operated a Cable System in the City, under a cable television franchise granted pursuant to a Cable Television Franchise Ordinance approved on or about April 1, 2000.

3. Negotiations between Grantee and the City have been completed and the franchise renewal process followed in accordance with Minnesota Statutes Chapter 238 and the Cable Act (47 U.S.C. §546).

4. The City has determined that it is in the best interest of the City and its residents to renew the cable television franchise with Grantee.

5. The Franchise granted to Grantee by the City is nonexclusive and complies with existing applicable Minnesota Statutes, federal laws and regulations.

6. The City has exercised its authority under Minnesota law to enter into a Joint and Cooperative Agreement, and an Amended Joint and Cooperative Agreement, with other cities authorized to grant cable communications franchises, and has delegated authority to the Northern Dakota County Cable Communications Commission to make recommendations to the City regarding this Franchise and to be responsible for the ongoing administration and enforcement of this Franchise as herein provided.

NOW, THEREFORE, THE CITY OF SOUTH ST. PAUL, MINNESOTA DOES ORDAIN that a franchise is hereby granted to Comcast of St. Paul, Inc., to operate and maintain a Cable System in the City upon the following terms and conditions:

SECTION 1 DEFINITIONS

For the purpose of this Franchise, the following, terms, phrases, words, derivations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The word “may” is directory and discretionary and not mandatory.

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1.1 “Affiliate” means any Person controlling, controlled by or under common control of Grantee.

1.2 “Applicable Law(s)” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority of competent jurisdiction.

1.3 “Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast, as set forth in Applicable Law, currently 47 U.S.C. § 522(3).

1.4 “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time.

1.5 “Cable Service” means (a) the one-way transmission to Subscribers of (i) Video Programming or (ii) other programming service, and b) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or other programming service, as set forth in Applicable Law, currently 47 U.S.C. § 522(6). For the purposes of this definition, “other programming service” means information that a cable operator makes available to all Subscribers generally.

1.6 “Cable System” or “System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, but such term does not include:

(a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;

(b) a facility that serves Subscribers without using any Streets;

(c) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services;

(d) an open video system that complies with section 47 U.S.C. § 573; or

(e) any facilities of any electric utility used solely for operating its electric utility system.

Unless otherwise specified, it shall in this document refer to the Cable System constructed and operated in the City under this Franchise.

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1.7 “Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as defined by the FCC by regulation, as set forth in Applicable Law, currently 47 U.S.C. § 522(4).

1.8 “City” means the City of South St. Paul, a municipal corporation in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee.

1.9 “City Code” means the Municipal Code of the City of South St. Paul, Minnesota, as may be amended from time to time.

1.10 “Commission” means the Northern Dakota County Cable Communications Commission or its successors or delegations, including representatives of the Member Cities as may exist pursuant to a then valid and existing Joint and Cooperative Agreement and Amended Joint and Cooperative Agreement between Member Cities.

1.11 “Converter” means an electronic device, including Digital Transport Adapters, which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate Channel selector also permits a Subscriber to view all Cable Service signals.

1.12 “City Council” means the governing body of the City of South St. Paul, Minnesota.

1.13 “Day” means a calendar day, unless otherwise specified.

1.14 “Drop” means the cable that connects the Subscriber terminal to the nearest feeder cable of the cable.

1.15 “Effective Date” means the date adopted by the last Member City Council, or the date executed by both parties in accordance with Section 17.6 herein, whichever is later.

1.16 “FCC” means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.

1.17 “Franchise” means the right granted by this Franchise Ordinance and the regulatory and contractual relationship established hereby.

1.18 “Franchise Area” means the entire geographic area within the City as it is now constituted or may in the future be constituted.

1.19 “Franchise Fee” means the fee assessed by the City to Grantee, in consideration of Grantee’s right to operate the Cable System within the City’s Streets, determined in amount as a percentage of Grantee’s Gross Revenues and limited to the maximum percentage allowed for such assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g)(2)(A-E).

1.20 “GAAP” means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”).

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1.21 “Gross Revenues” means, and shall be construed broadly to include all revenues derived directly or indirectly by Grantee and/or an Affiliated Entity that is the cable operator of the Cable System, from the operation of Grantee’s Cable System to provide Cable Services within the City. Gross Revenues include, by way of illustration and not limitation:

(a) monthly fees for Cable Services, regardless of whether such Cable Services are provided to residential or commercial customers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, pay-per-view, pay-per-event, and video-on-demand Cable Services);

(b) fees paid to Grantee for Channels designated for commercial/leased access use and shall be allocated on a pro rata basis using total Cable Service Subscribers within the City;

(d) installation, disconnection, reconnection, change-in service, “snow-bird” fees;

(e) Advertising Revenues as defined herein;

(f) late fees, convenience fees, and administrative fees;

(g) other service fees such as HD fees, convenience fees, broadcast fees, regional sports fees, home tech support fees, bill payment fees for in-person or phone payments, additional outlet fees, and related charges relating to the provisions of Cable Service;

(h) revenues from program guides and electronic guides;

(i) Franchise Fees;

(j) FCC regulatory fees;

(k) except as provided in subsection (ii) below, any fee, tax or other charge assessed against Grantee by municipality, which Grantee chooses to pass through and collect from its Subscribers; and

(l) commissions from home shopping channels and other Cable Service revenue sharing arrangements, which shall be allocated on a pro rata basis using total Cable Service Subscribers within the City.

(i) “Advertising Revenues” shall mean revenues derived from sales of advertising that are made available to Grantee’s Cable System Subscribers within the City and shall be allocated on a pro rata basis using total Cable Service Subscribers reached by the advertising. Additionally, Grantee agrees that Gross Revenues subject to Franchise Fees shall include all commissions, representative fees, Affiliated Entity fees, or rebates paid to National Cable Communications and Comcast Spotlight or their successors associated with sales of advertising on the

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Cable System within the City allocated according to this paragraph using total Cable Service Subscribers reached by the advertising.

(ii) “Gross Revenues” shall not include:

1. actual bad debt write-offs, except any portion which is subsequently collected, which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Subscriber revenues within the City;

2. Public, Education and Government (PEG) Fees; and

3. unaffiliated third-party advertising sales agency fees which are reflected as a deduction from revenues.

Grantee shall allocate fees and revenues generated from bundled packages and services to cable revenues pro rata based on current published rate card for the packaged services delivered on a stand-alone basis as follows:

(i) To the extent revenues are received by Grantee for the provision of a discounted bundle of services which includes Cable Services and non-Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a GAAP methodology that allocates revenue, on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card, except as required by specific federal, state or local law (for example, it is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value). The City reserves its right to review and to challenge Grantee’s calculations.

(ii) Grantee reserves the right to change the allocation methodologies set forth in this section in order to meet the standards required by governing accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Grantee will explain and document the required changes to the City upon request or as part of any audit or review of Franchise Fee payments, and any such changes shall be subject to the next subsection below.

(iii) Resolution of any disputes over the classification of revenue should first be attempted by agreement of the parties, but should no resolution be reached, the parties agree that reference shall be made to GAAP as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Notwithstanding the foregoing, the City reserves its right to challenge Grantee’s calculation of Gross Revenues, including the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC.

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1.22 “Member Cities” means those cities that are parties to a then valid and existing joint powers agreement which, at the time of granting this Franchise, include Inver Grove Heights, Lilydale, Mendota, Mendota Heights, South St. Paul, Sunfish Lake, and West St. Paul.

1.23 “Normal Business Hours” means those hours during which most similar businesses in the City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours, at least one (1) night per week and/or some weekend hours.

1.24 “Normal Operating Conditions” means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System.

1.25 “PEG” means public, education and government.

1.26 “Person” means any natural person and all domestic and foreign corporations, closely-held corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, common law trusts, societies and/or any other legal entity.

1.27 “Street” means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements. A Street does not include the airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcast service.

1.28 “Subscriber” means a Person who lawfully receives Cable Service.

1.29 “Video Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

1.30 “Wireline MVPD” means any entity, including the City, that utilizes the Streets to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of Video Programming in the City, which could also include the City. For purposes of this Franchise, the term “Wireline MVPD” shall not be limited to entities defined by the FCC as “multichannel video programming distributors” and shall include entities that provide multiple Channels of Video Programming via open video systems, as defined by the FCC, but it is the intent of the Grantee and the City that the term Wireline MVPD shall not include small cell providers, unless the City has the legal authority under Applicable Law to regulate or to impose cable franchise obligations upon such small cell providers.

SECTION 2 FRANCHISE

2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the City’s Streets subject to: 1) the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all applicable provisions of the City Code. Unless this Franchise has expired pursuant to Section 2.8 herein or this Franchise is otherwise terminated pursuant to Section 11.2

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herein, this Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent not prohibited by Applicable Law; or (2) challenging any exercise of the City’s legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate.

2.2 Reservation of Authority. The Grantee specifically agrees to comply with the lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, in the event of a conflict between A) the lawful provisions of the City Code or applicable regulations of the City and B) this Franchise, the express provisions of this Franchise shall govern. Subject to express federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise of City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however, Grantee reserves all rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the City, or (C) be construed as a waiver or release of the rights of the City in and to the Streets.

2.3 Franchise Term. The term of this Franchise shall be ten (10) years from the Effective Date, unless renewed, amended or extended by mutual written consent in accordance with Section 17.7 or terminated sooner in accordance with this Franchise.

2.4 Franchise Area. This Franchise is granted for the Franchise Area defined herein. Grantee shall extend its Cable System to provide Service to any residential unit in the City in accordance with Section 6.7 herein.

2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described in Section 17.18. The grant of any additional franchise shall not of itself be deemed to constitute a modification, revocation, or termination of rights previously granted to Grantee. Any additional cable franchise grants shall comply with Minn. Stat. § 238.08 and any other applicable federal level playing field requirements.

2.6 Periodic Public Review of Franchise. The City may conduct a public review of the Franchise. The purpose of any such review shall be to ensure, with the benefit of full opportunity for public comment, that the Grantee continues to effectively serve the public in accordance with Applicable Law, and considering any new cable technology, Grantee’s performance with the requirements of this Franchise, local regulatory environment, community needs and interests, and

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other such factors. So long as Grantee receives reasonable notice, Grantee shall cooperate in good faith. The review shall not operate to modify or change any provision of this Franchise without mutual written consent in accordance with Section 17.7 of this Franchise. The City and Grantee shall each be responsible for their own costs regarding the conduct of, or cooperation with, any such periodic review.

2.7 Transfer of Ownership.

(a) A sale or transfer of this Franchise, including a sale or transfer by means of a “fundamental corporate change,” as defined in Minn. Stat. § 238.083 subd. 1, or the sale or transfer of stock in Grantee so as to create a new “controlling interest,” as defined in Minn. Stat. § 238.083 subd. 6, in the Cable System, shall require the written approval of the City. Grantee shall submit a written request to the City for the City’s approval, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and assets to secure an indebtedness. The written approval of the City shall not be required under this section for internal corporate reorganizations involving Affiliates or pledges of the Franchise as collateral or security for any loan or other debt instrument.

(b) City shall approve or deny in writing the sale or transfer request. City shall set forth in writing with particularity its reason(s) for denying approval. City shall not unreasonably withhold its approval.

(c) Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this Section 2.7. The term “controlling interest” as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.

(d) In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City.

(e) In accordance with Minn. Stat. § 238.084, Subd. 1(y), the City shall have the right to purchase the System in the event the Franchise or System is proposed to be transferred or sold on the same terms and conditions as the offer pursuant to which transfer notice was provided pursuant to this section. The City shall have thirty (30) days from receipt of an application for consent under this Section 2.7 in which to give notice of its intention to consider exercising such right.

(f) If the City has issued a written notice of franchise violation in accordance with the terms of this Franchise, the transfer may be conditioned upon the transferee agreeing to a mutually acceptable remediation plan. The approval of any transfer of ownership pursuant to this section shall not be deemed to waive any rights of the City to subsequently enforce noncompliance issues relating to this Franchise even if such issues predated the approval, whether known or unknown to the City.

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2.8 Expiration. Upon expiration of the Franchise, the City shall have the right at its own election and subject to Grantee’s rights under Section 626 of the Cable Act to:

(a) extend the Franchise, though nothing in this provision shall be construed to require such extension;

(b) renew the Franchise, in accordance with Applicable Laws;

(d) terminate the Franchise subject to any rights Grantee has under Section 626 of the Cable Act; or

(e) take such other action as the City deems appropriate.

2.9 Right to Require Removal of Property. At the expiration of the term for which this Franchise is granted, provided no renewal is granted, or upon its forfeiture or revocation as provided for herein, the City shall have the right to require Grantee to remove at Grantee’s own expense all or any part of the Cable System from all Streets and public ways within the Franchise Area within a reasonable time. If Grantee fails to do so, the City may perform the work and collect the cost thereof from Grantee. However, Grantee shall have no obligation to remove the Cable System where it utilizes the system to provide other non-Cable Services and has any other authority under Applicable Law to maintain facilitates in the public rights-of-way, or where Grantee is able to find a purchaser of the Cable System who holds such authorization.

2.10 Continuity of Service Mandatory. It shall be the right of all Subscribers to receive Cable Service in accordance with the terms of this Franchise and Applicable Law. In the event that Grantee elects to overbuild, rebuild, modify, or transfer the system in accordance with Section 2.7, or the City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all Subscribers receive continuous uninterrupted service, regardless of the circumstances, while the Franchise remains effective. In the event of expiration, revocation/termination, purchase, lease-purchase, condemnation, acquisition, taking over or holding of plant and equipment, sale, lease, or other transfer to any other Person, including any other grantee of a cable communications franchise, the current Grantee shall cooperate fully to operate the system in accordance with the terms and conditions of this Franchise for a temporary period sufficient in length to maintain continuity of service to all Subscribers.

SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY

3.1 Use of Streets.

(a) Grantee may, subject to the terms of this Franchise and the City Code, erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the Streets within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the City. Without limiting the foregoing, Grantee expressly agrees that it will construct, operate and maintain its Cable System in compliance with, and subject to, the requirements of the City Code,

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including by way of example and not limitation, those requirements governing the placement of Grantee’s Cable System; and with other applicable City Codes, and will obtain, pay for and maintain all permits and bonds required by the City Code in addition to those required in this Franchise.

(b) All wires, conduits, cable and other property and facilities of Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon, or other use of the Streets of City. Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any Person. Grantee shall keep accurate maps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the City.

(c) All wires, conduits, cables and other property and facilities of Grantee, shall be constructed and installed in an orderly and professional manner in accordance with all applicable requirements of the City Code and Applicable Law. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.

(d) Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work.

3.2 Construction or Alteration. Grantee shall in all cases comply with applicable sections of the City Code, City resolutions and City regulations regarding the acquisition of permits and/or such other items as may be reasonably required in order to construct, alter or maintain the Cable System. Grantee shall, upon request, provide information to the City regarding its progress in completing or altering the Cable System.

3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a Cable System so as not to interfere with other use of Streets. Grantee shall, where possible in the case of above ground lines, make use of existing poles and other facilities available to Grantee. When residents receiving underground service or who will be receiving underground service will be affected by proposed construction or alteration, Grantee shall provide such notice as set forth in the permit or in City Code of the same to such affected residents.

3.4 Consistency with Designated Use. Notwithstanding the above grant to use Streets, no Street shall be used by Grantee if the City, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, or presently used under Applicable Laws.

3.5 Undergrounding.

(a) Grantee shall place underground all of its transmission lines which are located or are to be located above or within the Streets of the City in the following cases:

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(i) all other existing utilities are required to be placed underground by statute, resolution, policy or other Applicable Law;

(ii) Grantee is unable to get pole clearance;

(iii) underground easements are obtained from developers of new residential areas; or

(iv) utilities are overhead but residents prefer underground (undergrounding provided at cost paid by benefitted residents).

(b) If an ordinance is passed which involves placing underground certain utilities including Grantee’s cable plant which is then located overhead, Grantee shall participate in such underground project and shall remove poles, cables and overhead wires if requested to do so and place facilities underground. The City and Grantee shall comply with the provisions of Minn. Rules, Chapter 7819.3100 governing the relocation of existing facilities. Nothing in this Franchise shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal, and the Grantee shall not seek damages or other compensation from the City for such compliance, unless reimbursement is mandatory under Minn. Rules, Chapter 7819.3100. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. If non-City funds, such as funds from residents or state or federal grant funding, are made available to place electric or telephone lines underground, nothing herein shall prohibit Grantee from participating in such funding.

(c) Grantee shall use conduit or its functional equivalent to the greatest extent possible for undergrounding, except for Drops from pedestals to Subscribers’ homes and for cable on other private property where the owner requests that conduit not be used. Cable and conduit shall be utilized which meets the highest industry standards for electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available.

3.6 Maintenance and Restoration.

(a) Restoration. In case of disturbance of any Street, public way, paved area or public improvement, Grantee shall, at its own cost and expense and in accordance with the requirements of the City Code restore such Street, public way, paved area or public improvement to substantially the same condition as existed before the work involving such disturbance took place. All requirements of this section pertaining to public property shall also apply to the restoration of private easements and other private property. Grantee shall perform all restoration work within a reasonable time and with due regard to seasonal working conditions. If Grantee fails, neglects or refuses to make restorations as required under this section and any applicable City Code provision, then the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee

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causes any damage to private property in the process of restoring facilities, Grantee shall repair such damage.

(b) Maintenance. Grantee shall maintain all above ground improvements that it places on City Streets pursuant to the City Code and any permit issued by the City. In order to avoid interference with the City’s ability to maintain the Streets, Grantee shall provide such clearance as is required by the City Code and any permit issued by the City. If Grantee fails to comply with this provision, and by its failure, property is damaged, Grantee shall be responsible for all damages caused thereby.

(c) Disputes. In any dispute over the adequacy of restoration or maintenance relative to this section, final determination shall be the prerogative of the City, Department of Public Works and consistent with the City Code and any permit issued by the City.

3.7 Work on Private Property. Grantee, with the consent of property owners, shall have the authority, pursuant to the City Code, to trim trees upon and overhanging Streets, alleys, sidewalks, and public ways so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the reasonable expense of Grantee.

3.8 Relocation.

(a) Public Property. Grantee shall relocate its System and facilities in accordance with the City Code. In addition, if, during the term of the Franchise, the City or any government entity elects or requires a third party to alter, repair, realign, abandon, improve, vacate, reroute or change the grade of any Street or other public property; or to construct, maintain or repair any public improvement; or to replace, repair install, maintain, or otherwise alter any cable, wire conduit, pipe, line, pole, wire-holding structure, structure, or other facility, including a facility used for the provision of utility or other services or transportation of drainage, sewage or other liquids, for any public purpose, Grantee shall, upon request, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles, wires, cables, underground conduits, vaults, pedestals, manholes and any other facilities which it has installed. The City and Grantee shall comply with the provisions of Minn. Rules, Chapter 7819.3100 governing the relocation of existing facilities. Nothing in this Franchise shall mandate that the City provide reimbursement to Grantee for the costs of such relocation and removal, and the Grantee shall not seek damages or other compensation from the City for such compliance, unless reimbursement is mandatory under Minn. Rules, Chapter 7819.3100. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. If non-City funds, such as funds from residents or state or federal grant funding, are made available to place electric or telephone lines underground, nothing herein shall prohibit Grantee from participating in such funding.

(b) Utilities and Other Franchisees. If, during the term of the Franchise, another entity which holds a franchise or any utility requests Grantee to remove or relocate such facilities to accommodate the construction, maintenance or repair of the requesting party’s facilities,

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or their more efficient use, or to “make ready” the requesting party’s facilities for use by others, or because Grantee is using a facility which the requesting party has a right or duty to remove, Grantee shall do so. The companies involved may decide among themselves who is to bear the cost of removal or relocation, pursuant to City Code, and provided that the City shall not be liable for such costs.

(c) Notice to Remove or Relocate. Any Person requesting Grantee to remove or relocate its facilities shall give Grantee no less than forty-five (45) Days’ advance written notice advising Grantee of the date or dates removal or relocation is to be undertaken, provided that no advance written notice shall be required in emergencies or in cases where public health and safety or property is endangered.

(d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by the City; or in emergencies or where public health and safety or property is endangered, the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by another franchisee or utility, that franchisee or utility may do such work or cause it to be done, and if Grantee would have been liable for the cost of performing such work, the cost thereof to the party performing the work or having the work performed shall be paid by Grantee.

(e) Procedure for Removal of Cable. Grantee shall not remove any underground cable or conduit which requires trenching or other opening of the Streets along the extension of cable to be removed, except as hereinafter provided. Grantee may remove any underground cable from the Streets which has been installed in such a manner that it can be removed without trenching or other opening of the Streets along the extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the Streets along the extension thereof or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition. Underground cable and conduit in the Streets which is not removed shall be deemed abandoned and title thereto shall be vested in the City.

(f) Movement of Buildings. Grantee shall, upon request by any Person holding a building moving permit, franchise or other approval issued by the City, temporarily remove, raise or lower its wire to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the Person requesting same, and Grantee shall be authorized to require such payment in advance. The City shall require all building movers to provide not less than fifteen (15) Days’ notice to the Grantee to arrange for such temporary wire changes.

SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM

4.1 Removal of Cable System. In the event that: (l) the use of the Cable System is discontinued for any reason for a continuous period of twelve (12) months; or (2) the Cable System has been installed in a Street without complying with the requirements of this Franchise or the City

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Code, Grantee, at its expense shall, at the demand of the City remove promptly from the Streets all of the Cable System other than any which the City may permit to be abandoned in place. In the event of any such removal Grantee shall promptly restore the Street to a condition as nearly as possible to its prior condition or other public places in the City from which the System has been removed. However, Grantee shall have no obligation to remove the Cable System where it utilizes the system to provide other non-Cable Services and has any other authority under Applicable Law to maintain facilities in the Street, or where Grantee is able to find a purchaser of the Cable System who holds such authorization.

4.2 Abandonment of Cable System. In the event of Grantee’s abandonment of the Cable System, City shall have the right to require Grantee to comply with the state right-of-way rules, Minn. Rules, Chapter 7819. The Cable System to be abandoned in place shall be abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the System without having first given three (3) months written notice to the City. Grantee may not abandon any portion of the System without compensating the City for damages resulting from the abandonment.

4.3 Removal after Abandonment or Termination. If Grantee has failed to commence removal of System, or such part thereof as was designated by the City, within thirty (30) Days after written notice of the City’s demand for removal consistent with Minn. Rules, Ch. 7819, is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of the City’s demand for removal is given, the City shall have the right to apply funds secured by the Bond toward removal and/or declare all right, title, and interest to the Cable System for the City with all rights of ownership including, but not limited to, the right to operate the Cable System or transfer the Cable System to another for operation by it.

4.4 City Options for Failure to Remove Cable System. If Grantee has failed to complete such removal within the time given after written notice of the City’s demand for removal is given, the City shall have the right to exercise one of the following options:

(a) Declare all right, title and interest to the System for the City or its designee with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it; or

(b) Declare the System abandoned and cause the System, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the security fund, indemnity and penalty section provided for in this Franchise or from Grantee directly.

(c) Upon termination of service to any Subscriber, Grantee shall promptly remove all facilities and equipment from within the dwelling of a Subscriber who owns such dwelling upon his or her written request, except as provided by Applicable Law. Such Subscribers shall be responsible for any costs incurred by Grantee in removing the facilities and equipment.

4.5 System Construction and Equipment Standards. The Cable System shall be installed and maintained in accordance with standard engineering practices and shall conform, when

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applicable, with the National Electrical Safety Code, the National Electrical Code and the FCC’s Rules and Regulations.

4.6 System Maps and Layout. In addition to any generally applicable mapping requirements included in the City Code and required of other utilities, Grantee shall maintain complete and accurate system maps, which shall include trunks, distribution lines, and nodes. Such maps shall include up-to-date route maps showing the location of the Cable System adjacent to the Streets. Grantee shall make all maps available for review by the appropriate City personnel.

SECTION 5 SYSTEM DESIGN AND CAPACITY

5.1 Availability of Signals and Equipment.

(a) The Cable System utilizes a fiber to the fiber node architecture, with fiber optic cable deployed from Grantee’s headend to Grantee’s fiber nodes, tying into Grantee’s coaxial Cable System serving Subscribers. The System shall pass a minimum of 750 MHz (with a minimum passband of between 50 and 750 MHz) and shall be maintained to provide to Subscribers a minimum of at least two hundred (200) or more activated downstream video Channels, or such comparable video viewing capability as is provided in light of developing technologies and video distribution practices in the future.

(b) The entire System shall be technically capable of transmitting industry-standard digital television signals in a manner and quality consistent with applicable FCC regulations.

(c) Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of the specifications in Section 5.1 (a) and (b) throughout the term of the Franchise with sufficient capability and technical quality to enable the implementation and performance of all requirements of this Franchise, including the exhibits hereto, and in a manner which meets or exceeds FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted.

5.2 Equal and Uniform Service. Grantee shall provide access to equal and uniform Cable Service throughout the City consistent with Applicable Law.

5.3 System Specifications.

(a) System Maintenance. In all construction and service provision activities, Grantee shall meet or exceed the construction, technical performance, extension and service requirements set forth in this Franchise.

(b) Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (EAS) consistent with Applicable law and regulations including 47 C.F.R., Part 11, and any Minnesota State Emergency Alert System requirements. The City may identify authorized emergency officials for activating the EAS insofar as the City’s process is consistent with the Minnesota State Emergency Statewide Plan (“EAS Plan”). The City may also develop a local plan

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containing methods of EAS message distribution, insofar as the local plan is consistent with Applicable Laws and the EAS Plan.

(c) Standby Power. Grantee shall provide standby power generating capacity at the Cable System control center and at all hubs. Grantee shall maintain standby power system supplies, rated for at least two (2) hours’ duration, throughout the trunk and distribution networks. In addition, Grantee shall have in place throughout the Franchise term a plan, and all resources necessary for implementation of the plan, for dealing with outages of more than two (2) hours.

(d) Technical Standards. The technical standards used in the operation of the Cable System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The Cable System shall be installed and maintained in accordance with standard engineering practices and shall conform with the National Electrical Safety Code and all other Applicable Laws governing the construction of the Cable System.

5.4 Performance Testing. Grantee shall perform all system tests at the intervals required by the FCC, and all other tests reasonably necessary to determine compliance with technical standards required by this Franchise. These tests may include, at a minimum:

(a) Initial proof of performance for any construction;

(b) Tests in response to Subscriber complaints; and

(d) Written records of all system test results performed by or for Grantee shall be maintained, and shall be available for City inspection upon request.

5.5 Special Testing.

(a) Throughout the term of this Franchise, City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers impacted by such testing.

(b) Before ordering such tests, Grantee shall be afforded thirty (30) Days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. City shall meet with Grantee prior to requiring special tests

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to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) Days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee’s expense by Grantee’s qualified engineer. The City shall have a right to participate in such testing by having an engineer of City’s choosing, and at City’s expense, observe and monitor said testing.

SECTION 6 PROGRAMMING AND SERVICES

6.1 Categories of Programming Service. Grantee shall provide video programming services in at least the following broad categories subject to Applicable Law:

Local Broadcast (subject to federal carriage requirements) Public Broadcast News and Information Sports General Entertainment Arts/Performance/Humanities Science/Technology Children/Family/Seniors Foreign Language/Ethnic Programming PEG Programming (to the extent required by the Franchise) Movies Leased Access

6.2 Changes in Programming Services. Grantee shall provide at least thirty (30) Days’ prior written notice to Subscribers and to the City of Grantee’s request to effectively delete any broad category of programming or any Channel within its control, including all proposed changes in bandwidth or Channel allocation and any assignments including any new equipment requirements that may occur as a result of these changes.

6.3 Parental Control Device or Capability. Upon request by any Subscriber, Grantee shall make available a parental control or lockout device or functionality that will enable the Subscriber to block all access to any and all Channels without affecting those not blocked. Grantee shall inform Subscribers of the availability of the lockout device or functionality at the time of original subscription and annually thereafter.

6.4 FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall also be copied to City within ten (10) Days of the conduct of the date of the tests.

6.5 Annexation. Unless otherwise provided by Applicable Law, including the City Code, upon the annexation of any additional land area by City, the annexed area shall thereafter be subject to all the terms of this Franchise upon sixty (60) Days written notification to Grantee of the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area annexed by the City if such area is then served by another Wireline MVPD franchise to provide multichannel video programming.

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6.6 Line Extension.

(a) Grantee shall construct and operate its Cable System so as to provide Cable Service within the Franchise Area where there exists a density equivalent of seven (7) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant of the Cable System if the extension is to be constructed using aerial plant, and nine (9) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using underground plant. The City, for its part, shall endeavor to exercise reasonable efforts to require developers and utility companies to provide the Grantee with at least fifteen (15) Days advance notice of an available open trench for the placement of necessary cable.

(b) Any residential unit located within one hundred twenty-five (125) feet from the nearest point of access on the Street from which the Cable System is designed to serve the site shall be connected to the Cable System at no charge other than the standard installation charge. Grantee shall, within fifteen (15) Days request by any potential Subscriber residing in City beyond the one hundred twenty-five (125) foot limit, provide a quote identifying the costs and construction schedule associated with extending service to such Subscriber. Grantee shall perform the extension of service as soon as reasonably possible and in no event later than the date committed in the quote, excluding events covered by Section 17.9 herein. The Subscriber shall pay the net additional Drop costs, unless the Grantee agrees to waive said costs. To the extent consistent with Applicable Laws, Grantee agrees that it shall impose installation costs for non-standard installations in a uniform and nondiscriminatory manner throughout the City.

6.7 Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications.

SECTION 7 LOCAL PEG PROGRAMMING

7.1 Number of PEG Channels.

(a) Upon the Effective Date of this Franchise, Grantee will continue to make available a minimum of seven (7) PEG Channels in Standard Definition (“SD”). Throughout the term of this Franchise Grantee shall provide the PEG Channels on the Basic Cable Service tier or such other most subscribed tier of Cable Service (within the Franchise Area) as may be offered by Grantee in accordance with Applicable Law.

(b) For purposes of this Franchise, a high definition (“HD”) signal refers to a television signal delivering picture resolution of either 720p or greater, or such other resolution in the same range that Grantee commonly utilizes for other similar programming Channels.

7.2 HD PEG Channels.

(a) Within ninety (90) Days of the Effective Date of this Franchise, Grantee shall provide five (5) SD PEG Channels and two (2) HD PEG Channels to be shared by the Commission’s seven (7) Member Cities.

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(b) By January 1, 2022, and after ninety (90) Days written notice to the Grantee, which notice Commission may send on or before October 1, 2021, Grantee shall provide five (5) SD PEG Channels and three (3) HD PEG Channels to be shared by the Commission’s seven (7) Member Cities. Following implementation of this Section 7.2(b), the Grantee shall provide a total of eight (8) PEG Channels ((5) SD / (3) HD).

(c) The HD PEG Channels may duplicate the SD PEG Channels or may be programmed with different “best of” content, based on Commission’s sole discretion.

(d) On or after the fifth (5th) anniversary of the Effective Date of this Franchise and after ninety (90) Days written notice to the Commission, Grantee may require that the Commission give back one (1) SD PEG Channel. Following implementation of this Section 7.2(d), the Commission will have four (4) SD PEG Channels and three (3) HD PEG Channels to be shared by the Commission’s seven (7) Member Cities.

(e) If Grantee terminates all SD Channels and SD Cable Services and provides all Cable Services to all Subscribers in HD only, and after ninety (90) Days written notice to the Commission, Grantee shall provide four (4) HD PEG Channels to be shared by the Commission’s seven (7) Member Cities.

(f) The City acknowledges that receipt of an HD format PEG Channel may require Subscribers to buy or lease special equipment, or pay additional HD charges applicable to all HD services.

(g) The Commission shall pay for and be responsible for all HD playback servers to be located at 5845 Blaine Avenue, Inver Grove Heights, MN (“Playback Facility”). Grantee agrees that it shall be responsible for costs associated with the provision of encoders or other equipment necessary to receive HD/SD signals at the headend, and to convert PEG HD signals to SD consistent with the historic practice between the parties.

7.3 Control of PEG Channels. The control and administration of the PEG Channels shall rest with the City. The City may delegate, from time to time over the term of this Franchise, such control and administration to various entities as determined in City’s sole discretion. As of the Effective Date of this Franchise the City has delegated control of the PEG Channels to the Commission.

7.4 Transmission of PEG Channels. PEG Channels may be used for transmission of non- video signals in compliance with Applicable Laws. This may include downstream transmission of data using a protocol such as TCP/IP or current industry standards. Should Grantee develop the capability to provide bi-directional data transmission, spectrum capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities.

7.5 PEG Channel Locations.

(a) Grantee shall continue cablecasting PEG programming on the Cable System on the same Channel locations as such programming is cablecast within the City as of the Effective Date. Current SD PEG Channel locations as of the Effective Date as well as the location of the first two (2) HD PEG Channels to be provided under Section 7.2 are listed

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on Exhibit A. Grantee agrees not to change these PEG Channel locations more than two (2) times during the term of this Franchise unless required by law for other programmers with specific Channel number rights or pursuant to an overall Channel reorganization of the entire Channel lineup. In no event shall any PEG Channel relocations be made prior to ninety (90) days written notice to the City by Grantee, except for circumstances beyond Grantee’s control. If relocated, Grantee will work in good faith with the City to identify new Channel locations such that the PEG Channels will be located within reasonable proximity to other broadcast or news Channels where available Channel numbers allow.

(b) Grantee agrees not to encrypt the PEG Channels differently than other commercial Channels available on the Cable System.

(c) In the event Grantee requires relocation of a PEG Channel pursuant to Section 7.5(a), Grantee shall provide a rebranding reimbursement grant of One Thousand Five Hundred and No/100 Dollars ($1,500) per relocated Channel.

7.6 Navigation to PEG Channels and Electronic Programming Guide. Grantee agrees that if it utilizes any navigation interfaces under its control on its Cable System for all Channels, the PEG Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will have ready access to PEG Channels. Grantee will maintain the existing ability of the City to place PEG Channel programming information on the interactive Channel guide via the electronic programming guide (“EPG”) vendor (“EPG provider”) that Grantee utilizes to provide the guide service. Grantee will be responsible for providing the designations and instructions necessary for the PEG Channels to appear on the EPG. All costs and operational requirements of the EPG provider shall be the responsibility of the City. City acknowledges that the EPG may not be technically possible for all PEG programming, and that Grantee is not responsible for operations of the EPG provider.

7.7 Ownership of PEG Channels. Grantee does not relinquish its ownership of or ultimate right of control over a Channel by designating it for PEG use. A PEG access user – whether an individual, education or government user – acquires no property or other interest by virtue of the use of a Channel position so designated. Grantee shall not exercise editorial control over any public, education, or government use of a Channel position, except Grantee may refuse to transmit any public access program or portion of a public access program that contains obscenity, indecency, or nudity in violation of Applicable Law.

7.8 PEG Monitoring. Grantee shall continue to provide the capability, without charge, for Commission representatives at the four (4) City Hall locations and the Commission’s master control facility listed in Exhibit C, to monitor and verify the audio and visual quality of PEG Channels received by Subscribers as well as the existing connections and equipment at the Commission’s master control facility. This will include equipment comparable to that deployed to residential cable Subscribers that will allow the Commission to verify the accuracy of EPG listings for the PEG Channels consistent with what is currently provided. Grantee shall also maintain one (1) feed to the Commission office to provide the ability to monitor Subscriber services and address Subscriber concerns which feed shall include all cable boxes and platforms (i.e. Xfinity X1).

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7.9 PEG Transport. During the term of this Franchise, Grantee will provide PEG transport as follows:

(a) The Commission may transmit signals for the PEG Channels in “real time” upstream from the four (4) City Hall locations listed in Exhibit C to the Commission’s playback facility currently located at 5845 Blaine Avenue, Inver Grove Heights, MN (“Playback Facility”) to Grantee’s hub and head-end using existing fiber connections without additional charge or offsets from Grantee. Grantee shall continue to provide without charge or offsets, fiber backhaul and transmitter/receiver equipment for live PEG programming from City Halls as is the practice on the Effective Date of this Franchise.

(b) Grantee shall provide the capability for the Commission, either through a fiber connection, DOCSIS cable modem solution, or other technology of Grantee’s choosing, to transmit live programming from additional locations of the Commission’s choosing, subject to the Commission providing or renting necessary modems, encoders, decoders or similar devices, configuring such equipment, and removing such equipment in the event of interference with Grantee’s delivery of Cable Service. To the extent a set of mobile DOCSIS cable modems (or such other devices as may replace DOCSIS modems during the term of this Franchise) are utilized, such modems shall be able to connect to the Subscriber network at permanent or temporary Drops, subject to two (2) weeks prior written notice to Grantee and use upstream capacity on the Subscriber network to transmit programming via the Subscriber network and the connections to the Playback Facility equal to or of better quality than the PEG signals transmitted to Subscribers.

(i) The Commission shall be responsible for purchasing high speed internet service for the transmission of live programming at market rates.

(ii) The Commission shall provide any necessary encoders, decoders or similar devices and shall configure equipment and connections so that signals can be transmitted to the Playback Facility.

(iii) Grantee may request that the Commission remove an encoder, or similar device if it technically interferes with Grantee’s delivery of Cable Service.

(c) Grantee shall maintain the existing fiber paths/equipment and existing PEG connectivity to the locations listed in Exhibit C during the term of this Franchise, without additional charge (with no recurring, monthly costs or offsets, except that Grantee may invoice the Commission for any actual repair or maintenance costs which shall not exceed Five Thousand and No/100 Dollars ($5,000) per year and which shall be estimated to the Commission in advance whenever possible, and shall be documented and invoiced to the Commission for payment) to permit the Commission/City to transport PEG programming. This will allow the Commission to continue cablecasting PEG programming from the locations listed in Exhibit C and will maintain connections from the Commission’s master control to Grantee’s hub and head-end without additional charge or offsets.

7.10 Interconnection with other Twin Cities PEG Stations. Grantee shall continue to make the metro area fiber ring known as the PRISMA Ring available to the City, without charge, as long

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as the PRISMA Ring remains serviceable. The City may use the PRISMA Ring (or its equivalent) to send and receive live and recorded programming to/from other Twin Cities PEG stations for as long as the network remains viable. Grantee shall provide City access to the PRISMA Ring at an agreed upon demarcation point. Grantee will provide use of and maintain the PRISMA Ring without charge, but Grantee will not be obligated to replace network equipment on the PRISMA Ring or for any equipment on the City’s side of the demarcation point. Grantee agrees to continue to provide, without charge or offsets, use of Grantee’s Converged Regional Area Network (C- RAN) for delivery of live and recorded programming to and from the entities listed on Exhibit B, limited to six (6) multi-cast IP Channels. This obligation shall terminate if Grantee no longer utilizes the C-RAN for its own business purposes. Grantee shall have no obligation to replace any network equipment currently located in its headend facility or at the City or Commission facility necessary to deliver or receive such programming over the C-RAN. Replacement of any decoding equipment necessary to receive the programming via the C-RAN will be the responsibility of the City and will require Grantee’s approval to ensure equipment compatibility. If there are incremental equipment and maintenance costs specific to the PEG use of the C-RAN, Grantee will notify the City of such costs and allow the City the option of reimbursing Grantee for such costs or to cease using the C-RAN. Grantee shall not be responsible for providing a specific performance level over the C-RAN or resolving any transmission issues caused by incompatibility of audio or video file formats with interconnected equipment.

7.11 Future PEG Transport. At such time that the City determines:

(a) that the City desires the capacity to allow Subscribers in the City to receive PEG programming (video or character generated) which may originate from schools, City facilities, other government facilities or other designated facilities (other than those indicated in paragraph 7.9); or

(b) that the City desires to establish or change a location from which PEG programming is originated; or

(c) that the City desires to upgrade the connection to Grantee from an existing signal point of origination, the City will give Grantee written notice detailing the point of origination and the capability sought by the City. After receipt of such notice by Grantee, Grantee and the City may enter into an agreement which compensates Grantee in accordance with Applicable Law, for new sites added or upgraded connections. After such an agreement has been executed, Grantee will implement any necessary Cable System changes within a reasonable period of time. Nothing herein prevents the City, or a private contractor retained by the City, from constructing said connection, as long as such connection does not interconnect with Grantee’s Cable System without Grantee’s consent or interfere with Grantee’s Cable System.

7.12 PEG Channel Carriage.

(a) The City or its designee shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Channel use.

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(b) The Grantee shall monitor the PEG Channels for technical quality to ensure that they meet FCC technical standards including those applicable to the carriage of PEG Channels, provided however, that the Grantee is not responsible for the production quality of PEG programming productions. The City, or its designee, shall be responsible for the production and quality of all PEG programming. Grantee shall carry all components of the SD/HD PEG Channel(s) including, but not limited to, closed captioning, stereo audio and other elements associated with the programming.

7.13 PEG Programming Financial Support.

(a) During the term of the Franchise, Grantee shall pay quarterly to the Commission a PEG Fee in an amount equal to two and one-quarter percent (2.25%) of its quarterly Gross Revenues, for the duration of this Franchise. Payments pursuant to this subsection shall be paid to the Commission on the same schedule and including the same payment worksheets as the Franchise Fee payments set forth in Section 16.1(a-c) of this Franchise.

(b) The PEG Fee may be used by City and Commission to fund PEG expenditures in accordance with Applicable Law.

(c) The PEG Fee is not part of the Franchise Fee and instead falls within one or more of the exceptions in 47 U.S.C. § 542, unless the PEG Fee is used by City or Commission in violation of Applicable Law. The PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. § 542 or other Applicable Laws.

7.14 PEG Technical Quality and Support.

(a) Grantee shall not be required to carry a PEG Channel in a higher quality format than that of the Channel signal delivered to Grantee, but Grantee shall not implement a change in the method of delivery of PEG Channels that results in a material degradation of signal quality or impairment of viewer reception of PEG Channels, provided that this requirement shall not prohibit Grantee from implementing new technologies also utilized for commercial Channels carried on its Cable System. Grantee shall meet FCC signal quality standards when offering PEG Channels on its Cable System and shall continue to comply with closed captioning pass-through requirements. There shall be no significant deterioration in a PEG Channel signal from the point of origination upstream to the point of reception (hub or head-end) or downstream to the Subscriber on the Cable System.

(b) Grantee shall provide a local (Twin Cities) response phone number, cell number, and e-mail address for local (Twin Cities) technical support staff who are trained to effectively respond to and resolve PEG related issues. For urgent issues (such as signal problems during live programs) the Grantee will respond as soon as possible. For non- urgent tech support requests the Grantee will respond within three (3) hours or forty-eight (48) hours, depending upon the response time needed. Commission technical staff will determine what requests are urgent or non-urgent. The Commission agrees to use best efforts to verify that the issue is not on the Commission’s side of the demarcation point before a call is made to Grantee.

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(c) Grantee agrees to continue its practice of providing to the Commission three (3) satellite feeds from Grantee’s headend facility and/or hub site locations directly to the Commission’s Playback Facility without charge to Commission. The Commission shall be responsible for obtaining any necessary carriage and license agreements for the programming aired on its PEG Channels to the extent the content providers require such agreements. The Commission shall pay any license fees, copyright fees and other costs of the programming provider. If Grantee receives a demand to cease and desist from providing any programming content to the Commission under this section or the source of the programming ceases to operate, Grantee may terminate such programming immediately without prior notice, but will provide notice that such programming has been terminated as soon as possible. If Grantee ceases to maintain the satellite reception facility through which the programming is received, Grantee will give the Commission sixty (60) days prior notice of the discontinuation to allow the Commission to obtain the programming from another source.

7.15 Change in Technology. In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the PEG Channels, Grantee shall, at its own expense and without charge to the City or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the PEG Channels in accordance with the requirements of the Franchise.

7.16 Relocation of Grantee’s Headend. In the event Grantee relocates its headend, Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at Grantee’s cost so that all functions and capacity remain available, operate reliably and satisfy all applicable technical standards and related obligations of the Franchise without charge to the City or its designated entities.

7.17 Regional Channel Six. Grantee shall make available Regional Channel Six as long as it is required to do so by Applicable Law.

7.18 Compliance with Minnesota Statutes Chapter 238. In addition to the requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with the PEG requirements mandated by Minn. Stat. § 238.084.

SECTION 8 REGULATORY PROVISIONS

8.1 Intent. The City shall have the right to administer and regulate activities under the Franchise to the full extent permitted by Applicable Law. The City may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of Grantee pursuant to the Franchise. Grantee shall cooperate with any such delegates of the City.

8.2 Delegation of Authority to Regulate. The City reserves the right to delegate its regulatory authority wholly or in part to another governmental entity, including, but not limited to, an entity which may be formed to regulate several franchises in the region in a manner consistent with Applicable Laws. As of the Effective Date of this Franchise, the Commission shall have

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continuing regulatory jurisdiction and supervision over the Cable System and Grantee’s operation under the Franchise.

8.3 Regulation of Rates and Charges.

(a) Right to Regulate. The City reserves the right to regulate rates or charges for any Cable Service within the limits of Applicable Law, to enforce rate regulations prescribed by the FCC, and to establish procedures for said regulation or enforcement.

(b) Notice of Change in Rates and Charges. Throughout the term of this Franchise, Grantee shall give the City and all Subscribers within the City at least thirty (30) Days’ notice of any intended modifications or additions to Subscriber rates or charges. Nothing in this subsection shall be construed to prohibit the reduction or waiving of rates or charges in conjunction with promotional campaigns for the purpose of attracting Subscribers or users.

(c) Rate Discrimination Prohibited. Within any category of Subscribers, Grantee shall not discriminate among Subscribers with regard to rates and charges made for any service based on considerations of race, color, creed, sex, marital or economic status, national origin, sexual preference, or (except as allowed by Applicable Law) neighborhood of residence, except as otherwise provided herein; and for purposes of setting rates and charges, no categorization of Subscribers shall be made by Grantee on the basis of those considerations. Nevertheless, Grantee shall be permitted to establish (1) discounted rates and charges for providing Cable Service to low-income, disabled, or low-income elderly Subscribers, (2) promotional rates, and (3) bulk rate and package discount pricing.

SECTION 9 BOND

9.1 Performance Bond.

(a) Upon the Effective Date of this Franchise and at all times thereafter until the Grantee has liquidated all of its obligations under this Franchise, the Grantee shall furnish and file with Commission, on behalf of all Member Cities, a bond in the sum of One Hundred Thousand and No/100 Dollars ($100,000.00) in such form and with such sureties as shall be acceptable to the Commission (“Bond”). The Bond shall be conditioned upon the faithful performance by Grantee of this Franchise and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the Bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys’ fees and costs (with interest at prime rate plus two percent (2%)), up to the full amount of the Bond, and which Bond shall further guarantee payment by Grantee of all claims and liens against City, or any public property, and taxes due to City, which arise by reason of the construction, operation, maintenance or use of the Cable System.

9.2 Rights. The rights reserved by City with respect to the Bond are in addition to all other rights the City may have under this Franchise or any other law.

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9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount of the Bond.

9.4 Procedure to Draw on Bond.

(a) The parties shall follow the procedure set forth in Section 11.1 of this Franchise regarding any draw on the Bond.

(b) In the event this Franchise is terminated in accordance with the procedure set forth in Section 11, the City shall be entitled to collect from the Bond that amount which is attributable to any damages sustained by the City as a result of said violation.

(c) Grantee shall be entitled to the return of the Bond, or portion thereof, as remains one hundred and twenty (120) Days after the expiration of the term of the Franchise or termination for violation thereof, provided the City has not notified Grantee of any actual or potential damages incurred as a result of Grantee’s operations pursuant to the Franchise or as a result of said violation.

(d) The rights reserved to the City with respect to the Bond are in addition to all other rights of the City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the Bond shall affect any other right the City may have.

SECTION 10 SECURITY FUND

10.1 Security Fund. Within thirty (30) Days of the Effective Date, Grantee shall establish and provide to the City or the Commission, on behalf of the City, as security for the faithful performance by Grantee of all provisions of this Franchise, an irrevocable letter of credit from a financial institution satisfactory to the City or the Commission in the amount of Twenty-Five Thousand and No/100 Dollars ($25,000.00) (“Security Fund”). Failure to post the Security Fund shall constitute a material violation of this Franchise. The Security Fund shall serve as security for the faithful performance by Grantee of all the provisions of this Franchise and compliance with all orders, permits and directions of the City and the payment by Grantee of any claim, liens, costs, expenses and taxes due the City which arise by reason of the construction, operation or maintenance of the Cable System. The obligation to establish the Security Fund required by this paragraph is unconditional. If Grantee fails to establish the Security Fund as required, the City may take whatever action is appropriate to require the establishment of that Security Fund and may recover its costs, reasonable attorneys’ fees, and an additional penalty of Five Thousand Dollars ($5,000) in that action.

10.2 Withdrawal of Funds. The Security Fund shall permit the City to withdraw funds upon demand (sight draft). Grantee shall not use the Security Fund for other purposes and shall not assign, pledge or otherwise use this Security Fund as security for any other purpose.

10.3 Liquidated Damages. In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Security Fund the following liquidated damages:

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(a) For failure to provide data, documents, reports or information or to cooperate with City during an application process, audit, or System review, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues.

(b) For failure to comply with any of the provisions of this Franchise for which a penalty is not otherwise specifically provided pursuant to this Section 10.3, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues.

(c) For failure of Grantee to comply with construction, operation or maintenance standards, the liquidated damage shall be Five Hundred Dollars ($500.00) per Day for each Day, or part thereof, such failure occurs or continues.

(d) For failure to provide the services Grantee has proposed, including but not limited to the implementation and the utilization of the PEG Channels, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues.

10.4 Each Violation a Separate Violation. Each violation of any provision of this Franchise shall be considered a separate violation for which separate liquidated damages can be imposed. However, to the extent City remains a Member City of Commission, liquidated damages under Section 10.3 for a violation of each Member City franchise shall be calculated by the Commission as one violation, and not as multiple violations (one violation for each individual Member City franchise). For example, liquidated damages per Day under section 10.3(a) would equal Two Hundred Fifty Dollars ($250.00), not One Thousand Seven Hundred Fifty Dollars ($1,750) (seven times the per Day liquidated damages amount).

10.5 Maximum Draw Per Violation. Any liquidated damages for any given violation shall be imposed upon Grantee for a maximum of Twenty-Five Thousand and No/100 Dollars ($25,000.00). If after that amount of draw from the Security Fund Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the City, the City may pursue all other remedies.

10.6 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after thirty (30) Days’ notice of such failure by the City to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the Security Fund, the City may then draw from the Security Fund. Payments are not Franchise Fees as defined in Section 16 of this Franchise.

10.7 Procedure for Draw on Security Fund. The parties shall follow the procedure set forth in Section 11.1 of this Franchise regarding any withdrawal from the Security Fund.

10.8 Grantee’s Right to Pay Prior to Security Fund Draw. Grantee shall have the opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to

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promptly remit payment to the City, the City may resort to a draw from the Security Fund in accordance with the terms of this Franchise.

10.9 Failure to Establish Security Fund. City may draw on said Security Fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are not performed or paid for by Grantee pursuant hereto, including attorneys’ fees incurred by the City in so performing and paying. The failure to establish a Security Fund under section 10.1 may also, at the option of City, be deemed a violation by Grantee under this Franchise. The drawing on the Security Fund by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such violation.

10.10 Replenishment of Security Fund. If Commission or City exhaust the Security Fund under Section 10.5 during a given violation proceeding, Grantee shall have no obligation to replenish the Security Fund for such violation proceeding. However, Grantee must replenish the Security Fund as security for any future franchise violation. If the amount of the Security Fund established under Section 10.1 is not enough to secure the performance of the obligations described in Section 10.1, then the City or the Commission must resort to the Bond provided in Section 9 or other enforcement mechanisms provided under Section 11.

10.11 Collection of Funds Not Exclusive Remedy. The collection by City of any damages or monies from the Security Fund shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the Security Fund, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section, however, should the City elect to impose liquidated damages, that remedy shall remain the City’s exclusive remedy for the one hundred twenty (120) Day period set forth in Section 10.5.

SECTION 11 VIOLATION PROCEDURE

11.1 Basis for Violation. City or Commission shall give written notice to Grantee if City, in its sole discretion, determines that Grantee has:

(a) Violated any material provision of this Franchise or the acceptance hereto;

(b) Violated any law, ordinance, rule, order, regulation or determination of the City, state or federal government, not in conflict with this Franchise;

(d) Practiced any fraud or deceit upon City or Subscribers;

(e) Made a material misrepresentation of fact in the application for or negotiation of this Franchise; or

11.2 Violation Procedure. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation.

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(a) Grantee shall have thirty (30) Days subsequent to receipt of the notice in which to correct the violation (or if such violation is of such a character as to require more than thirty (30) Days within which to cure the same, and Grantee fails to commence to cure the same within said thirty (30) Day period and thereafter fails to use reasonable diligence, in City’s sole opinion, to cure such violation as soon as possible).

(b) Grantee may, within ten (10) Days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time until the Commission or City issues final findings of fact with respect to the violation. However, all penalties shall accrue from the date of the notice of violation until the Commission or City issues final findings of fact with respect to the violation.

(c) The City or Commission shall hear Grantee’s dispute at the next regularly scheduled or specially scheduled meeting. Grantee shall have the right to speak and introduce evidence. The City or Commission shall determine whether Grantee has committed a violation and shall make written findings of fact relative to its determination.

(d) If after hearing the dispute, the violation is upheld by the City or Commission, then Grantee shall have thirty (30) Days within which to remedy the violation.

(e) If Grantee fails to cure the violation within thirty (30) Days, such violation shall be a substantial breach and City may elect to terminate the Franchise, or establish and draw on the Bond or Security Fund as provided in Sections 9 or 10.

(f) The City may place the issue of termination of this Franchise before the governing body of City at a regular meeting. If City decides there is cause or reason to terminate, the following procedure shall be followed:

(i) City shall provide Grantee with a written notice of the reason or cause for proposed termination and shall allow Grantee a minimum of thirty (30) Days subsequent to receipt of the notice in which to correct the violation.

(ii) Grantee shall be provided with an opportunity to be heard at a public hearing prior to any decision to terminate this Franchise.

(iii) If, after notice is given and an opportunity to cure, at Grantee’s option, a public hearing is held, and the City determines there was a violation, breach, failure, refusal or neglect, the City may declare by resolution the Franchise terminated and of no further force and effect unless there is compliance within such period as the City may fix, such period may not be less than thirty (30) Days. No opportunity for compliance need be granted for fraud or misrepresentation.

11.3 Failure to Enforce. Grantee shall not be relieved of any of its obligations to comply promptly with any provision of the Franchise by reason of any failure of the City to enforce prompt compliance, and City’s failure to enforce shall not constitute a waiver of rights or acquiescence in Grantee’s conduct.

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11.4 Compliance with the Laws.

(a) If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one (1) year after they become effective, unless otherwise stated, and shall conform to federal laws and regulations regarding cable as they become effective.

(b) If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with, provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City.

SECTION 12 FORECLOSURE AND RECEIVERSHIP

12.1 Foreclosure. Upon the foreclosure or other judicial sale of the Cable System, Grantee shall notify the City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred.

12.2 Receivership. The City shall have the right to cancel this Franchise subject to any applicable provisions of state law, including the Bankruptcy Act, one hundred twenty (120) Days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) Days, or unless:

(a) Within one hundred twenty (120) Days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and,

(b) Such receiver or trustee, within said one hundred twenty (120) Days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise.

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SECTION 13 REPORTING REQUIREMENTS

13.1 Quarterly Reports. Within thirty (30) Days after the end of each calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment, a report showing the basis for computation of the Franchise Fee and PEG Fee payments signed by an authorized representative of Grantee in form and substance substantially equivalent to Exhibit D attached hereto. This report shall separately indicate Grantee’s Gross Revenues within the City including, but not limited to such items as listed in the definition of “Gross Revenues” at Section 1.22 of this Franchise. Nothing in the Franchise Fee payment worksheet form set forth in Exhibit D shall be construed to modify the definition of “Gross Revenues” set forth in Section 1.21 of this Franchise.

13.2 Monitoring and Compliance Reports. Upon request, but no more than once a year, Grantee shall provide a written report of any and all FCC technical performance tests for the residential network required in FCC Rules and Regulations as now or hereinafter constituted.

13.3 Monthly Subscriber Data Report. Every other month starting in January, Grantee shall provide the City with a Subscriber data report consistent with the format set forth in Exhibit E attached hereto. In the event technical or programming changes require changes to the format of the report, the City and Grantee shall work in good faith to make such changes without the need to amend this Franchise.

13.4 Other Reports. Upon request of the City and in no event later than thirty (30) Days from the date of receipt of such request, Grantee shall, without charge, prepare and furnish to the City, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions, or property, as may be reasonably necessary to ensure compliance with the terms of this Franchise. Grantee and City may in good faith agree upon taking into consideration Grantee’s need for the continuing confidentiality as prescribed herein. Neither City nor Grantee shall unreasonably demand or withhold information requested pursuant with the terms of this Franchise.

13.5 Confidential and Trade Secret Information. Grantee acknowledges that information submitted by Grantee to the City may be subject to the Minnesota Government Data Practices Act (“MGDPA”) pursuant to Minn. Stat. Chapter 13. The Commission shall follow all Applicable Laws and procedures for protecting any confidential and trade secret information of Grantee that may be provided to Commission. Grantee acknowledges that the Commission shall at all times comply with the Minnesota Data Practices Act (“MDPA”) related to the release of information and nothing herein shall be read to modify the Commission’s obligations under the MDPA.

13.6 Communications with Regulatory Agencies.

(a) Upon written request (unless service of copies is otherwise mandated by Applicable Law) Grantee shall submit to City copies or online links to copies of any pleading, applications, notifications, communications and documents of any kind, submitted by Grantee or its Affiliates to any federal, state or local courts, regulatory agencies and other government bodies if such documents directly relate to the operations of Grantee’s Cable System within the Franchise Area. Grantee shall submit such documents to City no later than thirty (30) Days after receipt of City’s request. Grantee and City shall comply with

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all Applicable Law governing confidential, privileged or proprietary rights to such documents.

(b) In addition, Grantee and its Affiliates, City and Commission shall, within ten (10) Days of any communication to or from any judicial or regulatory agency regarding any alleged or actual violation of this Franchise, City regulation or other requirement relating to the System, use its best efforts to provide the other party a copy of the communication, whether or not specifically requested to do so.

SECTION 14 CUSTOMER SERVICE POLICIES

14.1 Response to Customers and Cooperation with City and Commission. Grantee shall promptly respond to all requests for service, repair, installation and information from Subscribers. Grantee acknowledges the City’s interest in the prompt resolution of all cable complaints and shall work in close cooperation with the City to resolve complaints. Grantee shall provide the Commission and the City with the name, address and telephone number of an office that will act as the Grantee’s agent to receive complaints, regarding quality of service, equipment malfunctions, billings, and similar matters. Grantee will maintain an “escalated complaint process” to address unresolved complaints from Subscribers. A team of specifically identified employees of Grantee shall be available to the City and the Commission via email and telephone for reporting issues. These specifically identified employees of Grantee will have the ability to take actions to resolve Subscriber complaints relating to billing, property or service restoration, technical appointments, or any other Subscriber matters when necessary. Grantee will follow-up with the City or the Commission in writing by email (and by phone when necessary) with a summary of the results of the complaint(s).

14.2 Customer Service Agreement and Written Information. Grantee shall provide to Subscribers access to their service agreement and the following information if not included in the service agreement:

(a) Services to be provided and rates for such services.

(b) Billing procedures.

(d) Change in service notifications.

(e) Converter/Subscriber terminal equipment policy.

(f) How complaints are handled including Grantee’s procedure for investigation and resolution of Subscriber complaints.

(g) The name, address, and phone number of the Person identified by the City as responsible for handling cable questions and complaints for the City. This information shall be prominently displayed and Grantee shall submit the information to the City for review and approval as to its content and placement on Subscriber billing statements. A

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copy of the written information shall be provided to each Subscriber at the time of initial connection and any subsequent reconnection.

14.3 Customer Service Standards.

(a) The City hereby adopts the customer service standards set forth in Part 76, §76.309 of the FCC’s rules and regulations, as amended.

(b) Grantee shall provide City with information demonstrating Grantee’s compliance with each and every term and provision of Section 14.5.

(c) Grantee shall comply in all respects with the customer service requirements established by the FCC and those set forth herein. The City reserves the right to enact additional consumer protection laws or requirements to the extent such requirements are not inconsistent with, and preempted by, the FCC’s customer service standards.

14.4 Local Office. Grantee shall maintain a convenient local customer service and bill payment location for matters such as receiving Subscriber payments, handling billing questions, equipment replacement and customer service information.

14.5 Cable System office hours and telephone availability. Grantee shall comply with the standards and requirements for customer service set forth below during the term of this Franchise.

(a) Grantee will maintain a local, toll-free telephone access line which will be available to its Subscribers twenty-four (24) hours a Day, seven (7) days a week.

(i) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours.

(ii) The access line may be initially answered by an interactive voice response system but a Subscriber, under Normal Operating Conditions, shall have the option to speak to a trained Grantee representative during Normal Business Hours. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day.

(b) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis.

(c) Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.

(d) Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time.

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(e) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located.

(f) The Grantee shall utilize such equipment and software and keep such records as are necessary or required to enable the City and Commission to determine whether the Grantee is complying with all telephone answering standards required by applicable customer service regulations and laws, as amended from time to time. The Grantee shall provide the Commission with a quarterly report documenting Grantee’s compliance with this Section 14.5 as is the current practice.

14.6 Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis:

(a) Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system as more specifically set forth in Section 6.7(b).

(b) Excluding conditions beyond the control of Grantee, Grantee will begin working on “service interruptions” promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Grantee must begin actions to correct other Service problems the next business day after notification of the Service problem.

(c) The “appointment window” alternatives for installations, Service calls, and other installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and other installation activities outside of Normal Business Hours for the express convenience of the customer.)

(d) Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

(e) If Grantee’s representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.

14.7 Communications between Grantee and Subscribers.

(a) Refunds. Refund checks will be issued promptly, but no later than either:

(i) The customer’s next billing cycle following resolution of the request or thirty (30) Days, whichever is earlier, or

(ii) The return of the equipment supplied by Grantee if Cable Service is terminated.

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(b) Credits. Credits for Cable Service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted.

14.8 Billing:

(a) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic Cable Service and premium Cable Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

(b) In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) Days.

14.9 Subscriber Information.

(a) Grantee will provide Subscribers access to the following information at any time:

(i) Products and Services offered;

(ii) Prices and options for programming services and conditions of subscription to programming and other services;

(iii) Installation and Service maintenance policies;

(iv) Instructions on how to use the Cable Service;

(v) How to find or purchase programming carried on the System;

(vi) Billing and complaint procedures, including the address and telephone number of the Commission’s office; and

(vii) A copy of its refund policy for Cable Services.

(b) Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by Grantee, including contact information for the City and the Commission. Subscribers will be notified of any changes in rates or programming or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) Days in advance of such changes if the change is within the control of Grantee. In addition, Grantee shall notify Subscribers thirty (30) Days in advance of any significant changes in the information required by this Section 14.9.

14.10 Notice of Rate or Programming Changes. Grantee shall give thirty (30) Days written notice to both Subscribers and the City before implementing any rate or Service change within the control of Grantee. For the purpose of this section a “Service change” shall not include channel additions or moves that do not impact rates. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change. When the change involves the deletion of Channels, each Channel deleted must be separately identified.

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14.11 Subscriber Contracts. Grantee shall, upon written request, provide the Commission with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. Grantee shall provide City a list of Grantee’s current Subscriber rates and charges for Cable Service and a current Channel line-up showing all Channels available in the City. Grantee shall also provide on a monthly basis a copy of a sample Subscriber Bill to the Commission.

14.12 Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued, without cause, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty (30) Days.

14.13 Late Fees. Grantee shall comply with all applicable state and federal laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee’s compliance with all Applicable Laws to the maximum extent legally permissible.

14.14 Disputes. All Subscribers and members of the general public may direct complaints, regarding Grantee’s Service or performance to the chief administrative officer of the City or the chief administrative officer’s designee, which may be a board or a commission of the City.

14.15 Subscriber Bills. Subscriber bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Subscribers, and in a way that (A) is not misleading and (B) does not omit material information. Grantee may, in its sole discretion, consolidate costs on Subscriber bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C. § 542(c)).

14.16 Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty (30) Days in a manner deemed reasonable by the City under the terms of the Franchise.

14.17 Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section 14.2, the twenty-four (24) hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to contacting the City.

14.18 Subscriber Privacy.

(a) To the extent required by Minn. Stat. § 238.084 Subd. 1(s) Grantee shall comply with the following:

(i) No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for

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permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever.

(ii) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee’s business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from the Subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever.

(iii) Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (ii) of this section.

14.19 Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers.

SECTION 15 SUBSCRIBER PRACTICES

15.1 Subscriber Rates. There shall be no charge for disconnection of any installation or outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other properly due fee or charge, Grantee may disconnect the Subscriber’s service outlet, provided, however, that such disconnection shall not occur until after the later of: (i) forty-five (45) Days after the original due date of said delinquent fee or charge; or (ii) ten (10) Days after delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before expiration of the later of (i) or (ii), Grantee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, Grantee shall promptly reinstate the Subscriber’s Cable Service.

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15.2 Refunds to Subscribers shall be made or determined in the following manner:

(a) If Grantee fails, upon request by a Subscriber, to provide any service then being provided to the Subscriber, Grantee shall promptly refund all deposits or advance charges paid for the service in question by said Subscriber. This provision does not alter Grantee’s responsibility to Subscribers under any separate contractual agreement or relieve Grantee of any other liability that may be available under Applicable Law.

(b) If any Subscriber terminates any monthly service because of failure of Grantee to render the service in accordance with this Franchise, Grantee shall refund to such Subscriber the proportionate share of the charges paid by the Subscriber for the services not received. This provision does not relieve Grantee of liability established in other provisions of this Franchise.

SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS

16.1 Franchise Fees. During the term of the Franchise, Grantee shall pay quarterly to the City or its delegate a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. If any such law, regulation or valid rule alters the five percent (5%) Franchise Fee ceiling established by the Cable Act, then the City shall have the authority to (but shall not be required to) increase the Franchise Fee accordingly, provided such increase is for purposes not inconsistent with Applicable Law.

(a) Franchise Fees shall be paid quarterly not later than forty-five (45) Days following the end of each quarter. Grantee shall include with each quarterly payment a Franchise Fee payment worksheet, in form and substance substantially similar to Exhibit D, signed by an authorized representative of Grantee. No acceptance of any payment shall be construed as an accord that the amount paid is in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which the City may have for further or additional sums payable under the provisions of this section.

(b) Neither current nor previously paid Franchise Fees shall be subtracted from the Gross Revenue amount upon which Franchise Fees are calculated and due for any period, unless otherwise required by Applicable Law.

(c) Any Franchise Fees owing pursuant to this Franchise which remain unpaid after the due dates specified herein shall be delinquent and shall immediately begin to accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater.

16.2 Auditing and Financial Records. Throughout the term of this Franchise, the Grantee agrees that the City or its designee, upon reasonable prior written notice of twenty (20) Days to the Grantee, may review such of the Grantee’s books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise. Grantee shall provide such requested information as soon as possible and in no event more than twenty (20) Days unless Grantee explains that it is not feasible to meet this timeline and provides a written explanation for the delay and an estimated reasonable date for when such information

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will be provided. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of seven (7) years, pursuant to Minn. Stat. § 541.05. The Grantee shall not deny the City access to any of the Grantee’s records on the basis that the Grantee’s records are under the control of any parent corporation, affiliated entity or a third party. The City may request in writing copies of any such records or books that are reasonably necessary, and the Grantee shall provide such copies within thirty (30) Days of the receipt of such request. One (1) copy of all reports and records required under this or any other section shall be furnished to the City at the sole expense of the Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then the Grantee may request, in writing within ten (10) Days of receipt of such request, that the City inspect them at the Grantee’s local offices or at one of Grantee’s offices more convenient to City or its duly authorized agent. If any books or records of the Grantee are not kept in such office and not made available in copies to the City upon written request as set forth above, and if the City determines that an examination of such records is necessary for the enforcement of this Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by the Grantee.

16.3 Review of Record Keeping Methodology. Upon request, Grantee agrees to meet with a representative of the City or its designee to review its methodology of record-keeping, financial reporting, computing Franchise Fee obligations, and other procedures the understanding of which the City deems necessary for understanding the meaning of reports and records.

16.4 Audit of Records. The City or its authorized agent may at any time and at the City’s own expense conduct an independent audit of the revenues of Grantee in order to verify the accuracy of Franchise Fees or PEG Fees paid to the City. Grantee and each parent company of Grantee shall cooperate fully in the conduct of such audit. In the event it is determined through such audit that Grantee has underpaid Franchise Fees in an amount of five percent (5%) or more than was due the City, then Grantee shall reimburse the City for the entire cost of the audit within thirty (30) Days of the completion and acceptance of the audit by the City.

16.5 Records to be reviewed. The City agrees to request access to only those books and records, in exercising its rights under this section, which it deems reasonably necessary for the enforcement and administration of the Franchise.

16.6 Indemnification by Grantee. Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City and Commission, and in their capacity as such, the officers, agents and employees thereof (collectively the “Indemnified Parties”), from and against any and all claims, suits, actions, demands, liability and judgments for damage or otherwise except those arising wholly from negligence on the part of the Indemnified Parties; for actual or alleged injury to Persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee or its officers, agents, employees, or contractors or to which Grantee’s or its officers, agents, employees or contractors acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by this Franchise or Applicable Law; arising out of or alleged to arise out of any claim for damages for Grantee’s invasion of the right of privacy, defamation of any Person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or

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of any other right of any Person, firm or corporation; arising out of or alleged to arise out of Grantee’s failure to comply with the provisions of any Applicable Law. Nothing herein shall be deemed to prevent the Indemnified Parties from participating in the defense of any litigation by their own counsel at such parties’ expense. Such participation shall not under any circumstances relieve Grantee from its duty of defense against liability or of paying any judgment entered against the Indemnified Parties.

16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense take out and maintain during the term of this Franchise public liability insurance with a company licensed to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less than “A-” that shall protect the Grantee, City and its officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee’s vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Three Million Dollars ($3,000,000). The liability policy shall include:

(a) The policy shall provide coverage on an “occurrence” basis.

(b) The policy shall cover personal injury as well as bodily injury.

(c) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier’s standard endorsement as to bodily injuries, personal injuries and property damage.

(d) Broad form property damage liability shall be afforded.

(e) City and Commission shall be named as an additional insured on the policy.

(f) An endorsement shall be provided which states that the coverage is primary insurance with respect to claims arising from Grantee’s operations under this Franchise and that no other insurance maintained by the City will be called upon to contribute to a loss under this coverage.

(g) Standard form of cross-liability shall be afforded.

(h) An endorsement stating that the policy shall not be canceled without thirty (30) Days’ notice of such cancellation given to City.

(i) City reserves the right to adjust the insurance limit coverage requirements of this Franchise no more than once every three (3) years. Any such adjustment by City will be no greater than the increase in the State of Minnesota Consumer Price Index (all consumers) for such three (3) year period.

(j) Upon the Effective Date, Grantee shall submit to City a certificate documenting the required insurance, as well as any necessary properly executed endorsements. The

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certificate and documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Grantee has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such endorsements or certificates or other evidence of insurance, or to advise Grantee of any deficiencies in such documents and receipt thereof shall not relieve Grantee from, nor be deemed a waiver of, City’s right to enforce the terms of Grantee’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph or to require further documentation reasonably necessary to form an opinion regarding the adequacy of Grantee’s insurance coverage.

SECTION 17 MISCELLANEOUS PROVISIONS

17.1 Posting and Publication. Grantee shall assume the cost of posting and publication of this Franchise as such posting and publication is required by law and such is payable upon Grantee’s filing of acceptance of this Franchise.

17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise voluntarily in order to secure and in consideration of the grant from the City of a ten (10) year Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by Grantee.

17.3 Entire Agreement. This Franchise contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein.

17.4 Consent. Wherever the consent or approval of either Grantee or the City is specifically required in this agreement, such consent or approval shall not be unreasonably withheld.

17.5 Prior Franchise Terminated. The cable television franchise originally granted by Ordinance No. 1098 is hereby terminated. Nothing herein shall serve to waive any rights the parties may have under Ordinance No. 1098 regarding: 1) the payment of franchise fees and PEG fees; and 2) Grantee’s compliance with all applicable City Code obligations governing Grantee’s facilities in Streets.

17.6 Franchise Acceptance. No later than thirty (30) Days following City Council approval of this Franchise, Grantee shall execute and return to the City three (3) original franchise agreements. The executed agreements shall be returned to the City accompanied by performance bonds, security funds, and evidence of insurance, all as provided in this Franchise. In the event Grantee fails to provide the required executed Franchise, insurance certificate as required by Section 16(j) and the Bond, this Franchise shall be null and void. The Grantee agrees that despite the fact that its written acceptance may occur after the Effective Date, the obligations of this Franchise shall become effective on the Effective Date.

17.7 Amendment of Franchise. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made to address technology changes or advances subsequent to a review session pursuant to Section 2.6 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws; provided, however, nothing herein shall restrict City’s exercise of its police powers.

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17.8 Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City’s administrator of this Franchise during Normal Business Hours or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows:

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

If to Commission: Executive Director Northern Dakota County Cable Communications Commission 5845 Blaine Avenue Inver Grove Heights, MN 55076

If to Grantee: General Manager Comcast 10 River Park Plaza St. Paul, MN 55107

Such addresses may be changed by either party upon notice to the other party given as provided in this section.

Recognizing the widespread usage and acceptance of electronic forms of communication, emails will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications required under section 14.12. Such communication should be addressed and directed to the Person of record as specified above.

17.9 Force Majeure. In the event that either party is prevented or delayed in the performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, delays in receiving permits where it is not the fault of Grantee, public easements, sabotage, acts or omissions of the other party, or any other similar event beyond the reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this Franchise, or to procure a substitute for such obligation to the reasonable satisfaction of the other party.

17.10 Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee’s responsibility to ensure that contractors, subcontractors or other Persons

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performing work on Grantee’s behalf are familiar with the requirements of this Franchise, the City Code and other Applicable Laws governing the work performed by them.

17.11 Governing Law. This Franchise is made pursuant to Minnesota Statutes Chapter 238 and the City Code and is intended to comply with all requirements set forth therein. This Franchise shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the State.

17.12 Commission. In the event the City lawfully withdraws from the Commission, any reference to the Commission in this Franchise shall thereafter be deemed a reference to the City and the rights and obligations related thereto shall, where possible, accrue to the City unless or until a new franchise is executed between Grantee and City. Nothing herein shall in any way modify or alter any rights or obligations the City or Commission may have under the Amended Joint and Cooperative Agreement between the parties.

17.13 Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt compliance.

17.14 Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise.

17.15 Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last Day of the prescribed or fixed period or duration of time. When the last Day of the period falls on Saturday, Sunday or a legal holiday that Day shall be omitted from the computation and the next business Day shall be the last Day of the period.

17.16 No Waiver. All rights and remedies given to the City by this Franchise or retained by the City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy.

17.17 Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes the City has the power to make the terms and conditions contained in this Franchise.

17.18 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no longer have the right to occupy the Streets for the purpose of providing Cable Service. However,

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Grantee’s obligations to the City (other than the obligation to provide service to Subscribers) shall survive according to their terms.

17.19 Competitive Equity.

(a) The City reserves the right to grant additional franchises or similar authorizations to provide Video Programming services via Cable Systems or other Wireline MVPDs. The City intends to treat Wireline MVPDs in a nondiscriminatory manner to the extent permissible under Applicable Law. If, following the Effective Date of this Franchise, the City grants such an additional franchise or authorization to a Wireline MVPD and Grantee believes the City has done so on terms materially more favorable than the obligations under this Franchise, then the provisions of this Section 17.21 will apply.

(b) As part of this Franchise, the City and Grantee have mutually agreed upon the following terms as a condition of granting the Franchise, which terms may place the Grantee at a significant competitive disadvantage if not required of a Wireline MVPD: the obligation to pay to the City a Franchise Fee, Gross Revenues as provided for and defined in this Franchise, and the obligation to comply with the requirements in this Franchise regarding PEG funding, PEG Channels, records and reports, security instruments, audits, dispute resolution, remedies, notice and opportunity to cure, and customer service obligations (hereinafter “Material Obligations”). The City and Grantee further agree that this provision shall not require a word for word identical franchise or authorization for competitive equity so long as the regulatory and financial burdens on each entity are materially equivalent.

(c) Within one (1) year of the adoption of a Wireline MVPD franchise or similar authorization, Grantee must notify the City in writing of the Material Obligations in this Franchise that Grantee believes exceed the Material Obligations of the wireline competitor’s franchise or similar authorization. The City and Grantee agree that they will use best efforts in good faith to negotiate Grantee’s proposed Franchise modifications, and that such negotiation will proceed and conclude within a ninety (90) Day time period, unless that time period is reduced or extended by mutual agreement of the parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such negotiations, then the City shall amend this Franchise to include the modifications. If the City and Grantee fail to reach agreement in such negotiations, Grantee may, at its option, elect to replace this Franchise by opting into the franchise or other similar lawful authorization that the City grants to another Wireline MVPD (with the understanding that Grantee may use its current system design and technology infrastructure to meet any requirements of the new franchise), so as to ensure that the regulatory and financial burdens on each entity are equivalent. If Grantee so elects, the City shall immediately commence proceedings to replace this Franchise with the franchise issued to the other Wireline MVPD. Notwithstanding anything contained in this section to the contrary, the City shall not be obligated to amend or replace this Franchise unless the new entrant makes Cable Services or similar downstream video programming service available for purchase by Subscribers or customers under its franchise agreement with or similar authorization from the City.

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(d) In the event the City disputes that the Material Obligations are different, Grantee may bring an action in federal or state court for a determination as to whether the Material Obligations are different and as to what franchise amendments would be necessary to remedy the disparity. Alternatively, Grantee may notify the City that it elects to immediately commence the renewal process under 47 U.S.C. § 546 and to have the remaining term of this Franchise shortened to not more than thirty (30) months.

(e) Nothing in this Section 17.21 is intended to alter the rights or obligations of either party under applicable federal or state law, and it shall only apply to the extent permitted under Applicable Law and FCC orders. In no event will the City be required to refund or to offset against future amounts due the value of benefits already received.

(f) To the extent the City has legal authority to grant a franchise or similar authorization to a wireless provider of Cable Service, the competitive equity rights provided by this section shall apply with respect to Material Obligations imposed in such franchise or other similar agreement. In the event of a dispute regarding the City’s legal authority, Grantee shall have the burden to demonstrate that such authority exists.

17.20 Treatment of negotiated provisions.

In consideration of the City and the Commission relinquishing any claim, title or right to certain obligations set forth in the cable television franchise originally granted by Ordinance No. 1098, Grantee agrees that for the term of this Franchise any costs incurred by Grantee pursuant to Sections 7.2(g), 7.5(c), 7.8, 7.9, 7.10, 7.12, 7.14, 7.15, 7.16, 13.1, 13.2, 13.3, and 13.4 shall be treated by Grantee as Grantee’s business expense and not a Franchise Fee under Sections 1.19 and 16.1 of this Franchise or as a PEG Fee under Section 7.13 of this Franchise. Grantee reserves any rights it may have to recover from Subscribers, as a separate line item from the PEG Fee in Section 7.13 of this Franchise, any PEG capital costs set forth in Section 7.2(g), 7.8, 7.9, 7.10, 7.11, 7,15 and 7.16 as may be permitted by Applicable Law as of the Effective Date.

Passed and adopted this day of 2020.

ATTEST CITY OF SOUTH ST. PAUL, MINNESOTA

By: By: Its: City Clerk Its: Mayor

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ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions.

COMCAST OF ST. PAUL, INC.

Date: By:

Its:

SWORN TO BEFORE ME this ___ day of ______, 2020.

NOTARY PUBLIC

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Exhibit A SD/HD PEG Channel Numbers

Channel Name SD Channel # HD Channel # 1. Community 14 2. Public Access 15 3. Multifaith Access 16 4. Government 18 799 5. Government 19 859 6. Education 20 7. Community Bulletin Board 21

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Exhibit B Delivery of live and recorded programming to and from below listed entities on C-RAN

1. MCN 6 (1 receive ch and 1 send ch) 2. St. Paul (2 receive ch and 1 send ch) 3. Eagan (3 receive ch and 1 send ch) 4. Burnsville (1 receive ch) 5. Bloomington (1 receive ch) 6. CCX (1 receive ch)

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Exhibit C PEG Monitoring

NAME ADDRESS 1. Inver Grove Heights City Hall 8150 Barbara Avenue, Inver Grove Heights, MN 55077 2. Mendota Heights City Hall 1101 Victoria Curve, Mendota Heights, MN 55118 3. NDC4 Commission and Town Square TV 5845 Blaine Avenue, Inver Grove Heights, MN 55076 4. South St. Paul City Hall 125 3rd Avenue, South St. Paul, MN 55075 5. West St. Paul City Hall 1616 Humboldt Avenue, West St. Paul, MN 55118

PEG Transport

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Exhibit D Franchise Fee Payment Worksheet

TRADE SECRET – CONFIDENTIAL

Nothing in this Franchise Fee Payment Worksheet shall serve to modify the definition of “Gross Revenues” set forth in the Franchise.

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Exhibit E MONTHLY SUBSCRIBER DATA REPORT

E-1 6468593v1

[Comcast letterhead]

July 30, 2020

Northern Dakota County Cable Communications Commission 5845 Blaine Avenue Inver Grove Heights, MN 55076

Dear Northern Dakota County Cable Communications Commission:

The purpose of this letter of agreement is to memorialize commitments between Comcast of St. Paul, Inc. (“Comcast”) and the Northern Dakota County Cable Communications Commission (“Commission”) that are in addition to the obligations contained in the renewal franchise agreement to be adopted by the Commission’s seven member cities (hereinafter collectively, “the Franchise”). These items set forth herein: 1) have been negotiated in good faith and mutually agreed to by the parties as part of the informal franchise renewal process pursuant to 47 U.S.C. 546(h); 2) are provided by Comcast in consideration of the grant of the Franchise by the City; and 3) specifically relate to unique community needs that exist in the Commission and its member cities. This letter of agreement shall become effective upon approval by the Commission.

1. Complimentary Cable Service to Public Buildings/Schools

a. Comcast and the Commission agree that under the FCC Section 621 Order (currently pending appeal), complimentary accounts are not a condition of the renewed franchise. Comcast will itemize fair market value price for all former complimentary service locations (approximately 46 sites in Comcast’s current Franchise effective April 2000, attached as Exhibit A), which shall be at rates at or below the attached Comcast municipal pricing sheet at Exhibit C (Comcast’s municipal pricing sheet to be attached as Exhibit C), and shall be subject to Comcast’s regular, nondiscriminatory rate adjustments.

b. Commission/City or former Complimentary Service recipients (schools, libraries, et al) have the right to choose to retain Cable Service at the rates listed on the municipal pricing sheet or terminate Cable Service to their Location.

c. If the FCC Section 621 Order (Third Report and Order in MB Docket No. 05-311 adopted by the FCC on August 1, 2019) (herein “621 Order”) is stayed or overturned by action of the FCC or through judicial review, and franchise-mandated complimentary services to public buildings are no longer considered to be “franchise fees” under 47 USC §542, then for the remaining Franchise term Commission/City may require Comcast to provide complimentary basic Cable Service to the former Complimentary Service Locations listed in Exhibit B.

2. Institutional Network – I-Net

a. The I-Net is not a condition of the renewed cable franchise. Comcast will wind down its I-Net obligation as follows:

i. Comcast will provide existing dark fiber connections (former I-Net fiber), at no charge, from the Effective Date of the renewed franchise through the end of calendar year 2020 (“Termination Date”), to the following locations:

(A) Four (4) Inver Grove Heights sites; and

(B) Two (2) West St. Paul sites.

ii. Comcast will provide exactly what is in place today under the former franchise(s) (franchises adopted in the year 2000) to the above six (6) sites – no managed services required by the cities/sites.

iii. In the event the Cities should experience unavoidable fiber construction delays in 2020 (i.e. the COVID-19 crisis, weather, early winter frost, etc.) the Commission shall have the option to extend the Termination Date for any of the above locations. Any such extension of the Termination Date shall not extend beyond October 31, 2021. If such an extension is required, the Commission shall pay Comcast $330 per location for each additional month beyond the end of calendar year 2020.

iv. But for any unavoidable construction delays for the six sites noted above, Comcast is relieved of the obligation to serve all other existing I-Net sites as of January 1, 2021 and shall have no further obligation to provide I-Net services.

v. The parties agree that Comcast shall not treat any costs incurred in performing under this Paragraph 2 as franchise fees, and agree that this provision is a reasonable way to come into compliance with the 621 Order as contemplated in the FCC’s Order on Reconsideration of the 621 Order (¶5)(Released Feb. 11, 2020).

The terms and conditions of this letter agreement are binding upon the Commission and Comcast and their successors and assigns. In the event Comcast seeks to transfer the Franchise to another entity, Comcast agrees to require the new transferee to honor the terms of this side letter agreement as a condition of such transfer. Enforcement of the terms of this letter agreement shall be consistent with the enforcement procedures set forth in the Franchise.

Acknowledged and agreed to this day of , 2020.

Comcast of St. Paul, Inc. Northern Dakota County Cable Communications Commission By: By: Its: Its: Date: Date:

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EXHIBIT A

NDC4 COMCAST FRANCHISE EXHIBIT B-1 Effective April 2000 to present

(FORMER) SERVICE TO PUBLIC AND PRIVATE BUILDINGS

Dakota County

IN NDC SYSTEM

Inver Glen Library 8098 Blaine Avenue Inver Grove Heights, MN 55076

Wentworth Library 199 East Wentworth Avenue West St. Paul, MN 55118 Northern Service Center (under construction) 5 West Mendota Road

6312627v1 A-1

ISD #199

Inver Grove Elementary School Pine Bend Elementary School 4100 East 66th Street 9875 Inver Grove Trail Inver Grove Heights, MN 55076 Inver Grove Heights, MN 55076

Hilltop Elementary School South Grove Elementary School 3201 East 68th Street 7650 Clayton Avenue Inver Grove Heights, MN 55076 Inver Grove Heights, MN 55076

Salem Hills Elementary School 5899 East Babcock Trail Inver Grove Heights, MN 55076

ALL IN ONE COMPLEX

Inver Grove Middle School Simley Senior High School 8167 Cahill Avenue East 2920 East 80th Street Inver Grove Heights, MN 55076 Inver Grove Heights, MN 55076

ISD #199 District Office 2990 80th Street East Inver Grove Heights, MN 55076

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Inver Grove Heights

Inver Grove Heights City Hall Inver Grove Heights Police Department 8150 Barbara Avenue 8150 Barbara Avenue Inver Grove Heights, MN 55077 Inver Grove Heights, MN 55077

IGH Fire Department IGH Fire Department 2059 Upper 55th Street E 7015 Clayton Avenue Inver Grove Heights, MN 55077 Inver Grove Heights, MN 55076

ISD #197

Henry Sibley High School Friendly Hills Middle School 1897 Delaware Avenue 701 Mendota Heights Road Mendota Heights, MN 55118 Mendota Heights, MN 55118

Heritage Middle School Somerset Elementary School 121 West Butler Avenue 1355 Dodd Road West St. Paul, MN 55118 Mendota Heights, MN 55118

Mendota Heights Elementary School Moreland Elementary School 1979 Summit Lane 217 West Moreland Avenue Mendota Heights, MN 55118 West St. Paul, MN 55118

Garlough Elementary School 1740 Charlton Street West St. Paul, MN 55118

West St. Paul

West St. Paul City Hall 1616 Humboldt Avenue West St. Paul, MN 55118

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South St. Paul

South St. Paul City Hall South St. Paul Public Library 125 3rd Avenue 106 3rd Avenue N. South St. Paul, MN 55075 South St. Paul, MN 55075

Wakota Arena (School) South St. Paul Municipal 141 East 6th Street Airport (Fleming Field) South St. Paul, MN 55075 520 Airport Road South St. Paul, MN 55075 (shall be considered a subsequently designated building pursuant to Section 6(2) of this Franchise)

Lilydale

Lilydale City Hall 855 Sibley Memorial Hwy Lilydale, MN 555118

Sunfish Lake

Sites to be determined

Mendota

Sites to be determined

Mendota Heights

Mendota Heights City Hall Mendota Heights Police Department 1101 Victoria Curve 1101 Victoria Curve Mendota Heights, MN 55118 Mendota Heights, MN 55118

Mendota Heights Fire Department 2121 Dodd Road Mendota Heights, MN 55120

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South St. Paul Schools

South St. Paul High School 700 2nd St. N. South St. Paul, MN 55075

District Office 104 5th Ave. So. South St. Paul, MN 55075

ECFE 1549 5th Ave. So. South St. Paul, MN 55075

Lincoln Center 357 9th Ave. N. South St. Paul, MN 55075

Kaposia Education Center 1225 1st Ave. So. South St. Paul, MN 55075

ALC 151 6th St. E. South St. Paul, MN 55075

A-5

Private Schools

Convent of the Visitation School Emanuel Lutheran School 2455 Visitation Drive 115 Crusader Avenue Mendota Heights, MN 55120 West St. Paul, MN 55118

St. Croix Lutheran High School St. John Vianney School 1200 Oakdale Avenue 1815 Bromley Street West St. Paul, MN 55118 South St. Paul, MN 55075

St. Joseph's School St. Michael's School 1138 Seminole Avenue 335 E. Hurley Street West St. Paul, MN 55118 West St. Paul, MN 55118

St. Thomas Academy Holy Trinity School 949 Mendota Heights Road 745 - 6th Avenue S. Mendota Heights, MN 55120 South St. Paul, MN 55075

Colleges

Inver Hills Community College 2500 East 80th Street Inver Grove Heights, MN 55076

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EXHIBIT B

LOCATION ADDRESS City of IGH FIRE DEPT, INVER GROVE HTS 7015 CLAYTON AVE APT 1 FIRE DEPT, IGH 3 2059 UPPER 55TH ST E FIRE DEPT, NEW STATION 2 9200 COURTHOUSE BLVD 55077 CITY OF, INVER GROVE 8150 BARBARA AVE ISD #199 ELEM SCHOOL, HILLTOP 3201 68TH ST E MIDDLE SCHOOL, IGH 8167 CAHILL AVE SCHOOL, SIMLEY HIGH 2920 80TH ST E SCHOOL, PINE BEN 9875 INVER GROVE TRL ELEM SCHOOL, SALEM 5899 BABCOCK TRL LIBRARIES LIBRARY, INVER GROVE 8098 BLAINE AVE LIBRARY, S ST PAUL 106 3RD AVE N LIBRARY, WEST ST. PAUL Wentworth Avenue CABLE COMM, NDC 5845 BLAINE AVE APT 1 CABLE COMM, NDC 5845 BLAINE AVE APT 2 CITY HALL, LILYDALE 1011 SIBLEY MEMORIAL HWY City of Mendota Heights CITY HALL, MENDOTA HEIGHTS 1101 VICTORIA CURV POLICE DEPT, MENDOTA HGTS 1101 VICTORIA CURV FIRE DEPT, MENDOTA HGTS 2121 DODD RD ISD #197 HIGH SCHOOL, HENRY SIBLEY 1897 DELAWARE AVE APT A SCHOOL, MENDOTA 1979 SUMMIT LN MIDDLE SCHO, FRIENDLY HILLS 701 MENDOTA HEIGHTS RD MIDDLE SCHOOL, HERITAGE 121 BUTLER AVE W ELEM SCHOOL, PAUL MORELAND 217 MORELAND AVE W ELEM SCHOOL, GARLOUGH 1740 CHARLTON ST SOMERSET ELEMENTARY SCHOOL 1355 DODD ROAD SOUTH ST. PAUL SCHOOLS #6 SENIOR HIGH, S ST PAUL 700 2ND ST N CENTER, KAPOSIA EDUCATION 1225 1ST AVE S ELEMENTARY, LINCOLN CENTER 357 9TH AVE N BUILDING, S ST PAUL ADMIN 104 5TH AVE S City of SSP CITY HALL, SSP 125 3RD AVE N FIRE, S ST PAUL 310 MARIE AVE POLICE DEPT, S ST PAUL 125 3RD AVE N APT B MAINT BUILDING, S ST PAUL 400 RICHMOND ST W

B-1

LOCATION ADDRESS City of WSP CITY HALL, W ST PAUL 1616 HUMBOLDT AVE APT A FIRE FIGHTERS, INTL ASSN OF 1616 HUMBOLDT AVE APT B POLICE, WEST ST PAUL 1616 HUMBOLDT AVE PUBLIC WORKS, W ST PAUL 403 MARIE AVE E

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EXHIBIT C

BUSINESS BASIC BUSINESS SELECT BUSINESS SERVICE CABLE PRICING CABLE PRICING EQUIPMENT & FEES

Currently $24.60 - Currently $42.65 - includes $9.95 per piece of equipment (DTA includes BTV Fee. BTV and RSN Fees. or HD Box). $5.00 per account for HD Service

C-1 CITY COUNCIL AGENDA REPORT Date: 09/08/2020 10-B Department: Community Development Prepared by: Monika Mann, Community Development Support Specialist Administrator: JRH

AGENDA ITEM: Second Reading – Ordinance 1363 Establishing A New Solar Energy Ordinance

ACTION TO BE CONSIDERED:

Approve Ordinance 1363 to amend Section 118-238 to establish a new solar energy ordinance.

OVERVIEW:

Staff is bringing forward an update of the City’s standards for solar energy systems in accordance with the City’s draft 2040 Comprehensive Plan. This proposed amendment to Section 118-265 encourages the use of solar energy systems by removing barriers for residents and businesses that are interested in investing in alternative energy systems and setting clear standards for the construction of such systems.

SUMMARY OF DRAFT ORDINANCE:

The proposed ordinance would do the following:

• Create definitions for Alternative Energy Systems, Solar Energy, Solar Energy Systems, and other related terms.

• Abolish the requirement for a Conditional Use Permit for any active solar energy system.

• Classify Solar Energy Systems as a permitted accessory use in all zoning districts.

• Create performance standards for solar energy systems o Roof-mounted solar is allowed on any roof. o Roof-mounted solar energy systems shall generally not exceed the maximum building height. Roof-mounted solar energy systems in residential districts are limited to extending 3 feet off the roof surface. Roof mounted solar energy systems in industrial districts may be no taller than ten (10) feet above the maximum building height. o Roof-mounted solar does not need to “color match” or complement the roof of the building that it is on. o Roof-mounted solar must be angled in such a way that the panels do not reflect light into neighbors’ windows. Screening may be required to address glare issues. o Ground-mounted systems cannot exceed 15 feet in height. o Ground-mounted systems on residential properties cannot exceed 200 square feet without first obtaining a Conditional Use Permit. o Ground-mounted systems on residential properties do not count towards the 30% limit on “lot coverage” and are exempted (as swimming pools and decks already are). o Ground mounted systems are restricted to rear yards for residential properties. Ground mounted systems are allowed in the rear and side yards of commercial or industrial properties. o Ground-mounted systems in commercial and industrial areas cannot exceed 25% coverage of the lot. o Ground-mounted solar energy systems would not count as one of the two accessory structures allowed on single-family lots.

• Amend the definition of “lot coverage” to reflect that ground-mounted solar energy systems are not considered a building and are exempt similar to pool and decks.

STAFF AND PLANNING COMMISSION RECOMMENDATION:

The Planning Commission held a public hearing for the ordinance amendment at the July 8th Planning Commission Meeting. No correspondence had been received on the item nor was anyone from the general public present to speak on the item. The Planning Commission was in favor of the ordinance language for roof-mounted solar energy systems but shared concerns about ground mounted solar energy systems in residential districts. The Planning Commission tabled the item until the August 5th Planning Commission meeting and requested that Staff bring case study examples of ground mounted solar energy systems in the surrounding communities to the August 5th meeting.

At the August 5th Planning Commission meeting, Staff presented general information about ground mounted solar energy systems as well as case study information about ground mounted solar energy systems in the surrounding communities. Case study examples from Eagan, Burnsville, Inver Grove Heights, West St. Paul, and Mendota Height were shared with the Planning Commission. The case studies showed that ground mounted solar energy systems are rare by comparison to roof mounted solar energy systems and that ground mounted solar energy systems are typically only seen on lots larger than one acre. After reviewing the case study material, the Planning Commission voted to recommend approval of the proposed solar ordinance amendment as presented (4-0).

Staff and the Planning Commission recommend approval of the proposed ordinance amendment.

City of South St. Paul Dakota County, Minnesota Ordinance No. 1363

AN ORDINANCE AMENDING ESTABLISHING A NEW SOLAR ENERGY ORDINANCE

The City Council of the City of South St. Paul does ordain: SECTION 1. AMENDMENT. South St. Paul City Code Section 118-265 is hereby amended as follows:

Section. 118-265. - Solar energy protection. Alternative Energy Systems Access to sunlight for active and passive solar systems (for the heating and cooling of buildings) shall be protected in accordance with the applicable state statutes and regulations. All active solar systems proposed shall require a conditional use permit.

(a) Definitions. Alternative Energy System means a ground source heat pump, wind or solar energy system.

Building Integrated Solar Energy System means a solar energy system where photovoltaic materials are used in place of traditional building materials.

Ground Mounted Solar Energy System means a solar energy system that is a freestanding system erected directly on the ground using a rack or pole structure

Roof Mounted Solar Energy System means a solar system mounted directly to or abutting the roof of a building.

Solar Energy means radiant energy received from the sun to be collected in the form of heat or light by a solar collector.

Solar Energy System means a device or structural design feature of which the primary purpose is to provide for interior lighting or provide for the collection, storage and distribution of energy for space heating or cooling, electricity (generation), or water heating.

Solar Energy System, active means a solar energy system of which the primary purpose is to harvest energy by transferring collected solar energy into another form of energy or transferring heat from a solar collector to another medium using mechanical, electrical, or chemical means.

Solar Energy System, passive means a solar energy system that utilizes building components such as walls, floors, roof, windows, exterior building elements and landscaping that captures solar light or heat generated by the sun without transforming it to another form of solar energy or the use of mechanical and electrical equipment to enhance the conversion of solar energy to heat and electric power.

(b) Purpose. It is a goal of the city to provide a sustainable quality of life for the city’s residents, making careful and effective use of available natural, human, and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents. Purposes of this division include: 1. To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems 2. To create a livable community where development incorporates sustainable design elements, resources and energy conservation and the use of renewable energy. 3. To protect and enhance air quality, limit the effect of climate change and decrease the use of fossil fuels 4. To encourage alternative energy development in locations where the technology is viable and the negative environmental, economic, and social impacts can be mitigated.

1. Zoning Districts. Solar energy systems shall be a permitted accessory use in any zoning district, subject to the regulations of this ordinance.

2. Permits Required. No active solar energy systems shall be erected, altered, improved, reconstructed, or moved without first obtaining a building and electrical permit. All solar energy systems must comply with this ordinance.

3. Exemptions. The following solar energy systems shall be exempt from the requirements of this section and shall be regulated as any other building element requiring a building permit: i. Passive solar energy systems. ii. Building integrated solar energy systems. 4. Roof-Mounted Solar Systems. Roof-mounted Solar Energy Systems are allowed subject to the following conditions: i. Height. Roof-mounted solar energy systems shall be subject to the maximum height requirements for each zoning district unless otherwise provided for in this ordinance. A roof-mounted solar energy system located in an industrial zoning district may extend up to (10) feet above the maximum building height. A roof- mounted solar energy system in a residential zoning district which is installed on a residential structure shall be permitted to extend up to three (3) feet above the roof surface, regardless of the height of the structure. For solar energy systems in residential zoning districts, no part of any solar panel may extend more than three (3) feet above the roof surface on which it is mounted. ii. Aesthetics. The color of the solar collector is not required to be consistent with other roofing materials. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where deemed necessary by City Staff, screening may be required to address glare onto neighboring properties. 5. Ground Mounted Solar Energy Systems. Ground Mounted Solar Energy Systems are allowed subject to the following conditions: i. Height. The maximum height of the solar energy system shall not exceed fifteen (15) feet from the average natural grade at the base of the system. ii. Impervious Surface. Ground mounted solar energy systems are not considered an impervious surface so long as the surface underneath the system is permeable. iii. Location. Ground mounted solar energy systems shall be limited to rear yards in residential districts. Ground mounted solar energy systems shall be limited to rear and side yards in commercial and industrial districts except through a conditional use permit. iv. Maximum Area: i. Residential Districts: Each residential property may have one (1) ground mounted solar energy system. This system shall not count towards the maximum number of accessory structures allowed on the property. Ground mounted solar energy systems larger than 200 square feet shall require a conditional use permit. ii. Commercial and Industrial Districts: The solar energy system shall not cover more than twenty-five (25) percent of the subject property except through a conditional use permit. v. Setbacks. A ground mounted solar system shall be subject to the setback requirements for accessory structures as found in Section 118-208. Additional setbacks are required in the following environmentally sensitive areas:

i. Bluff Impact Zones. No ground mounted solar energy system may be placed within 40 feet of an established bluff line per Section 118-167. ii. Mississippi River Corridor Critical Area. No ground mounted solar energy system shall within 100 feet of the high-water mark of the river per Section 118-167 of this code. iii. Wetlands. No ground mounted solar energy system shall be placed within 30 feet from the delineated edge of any wetland per Section 110- 78 of the City Code.

6. Easements. Solar energy systems shall not encroach upon any public drainage, utility, roadway or trail easements. 7. Abandonment. Any solar energy system which remains nonfunctional or inoperable for a continuous period of twelve (12) months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit.

SECTION 2. AMENDMENT. South St. Paul City Code Section 118-8 is hereby amended as follows:

Lot coverage means the percentage of lot area occupied by buildings and accessory buildings; concrete patios or decks not covered with a roof, and ground mounted solar energy systems, and swimming pools shall not be considered as buildings for the purpose of this definition.

SECTION 3. 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:

This ordinance creates definitions and performance standards for solar energy systems.

SECTION 3. EFFECTIVE DATE. This ordinance shall become effective upon publication.

Approved: ______

Published: ______

______Christy Wilcox, City Clerk

AGENDA ITEM 5.A South St. Paul Planning Commission

Prepared By: Meeting Date: Monika Mann, Community Development Support 8/5/2020 Specialist

Item Description: Proposed Solar Ordinance Follow Up Reviewed By: Michael Healy, City Planner

ACTION REQUESTED

A motion recommending approval or denial of the proposed zoning ordinance amendment establishing a new solar energy ordinance.

BACKGROUND/ DISCUSSION

Application

The Applicant, the City of South St. Paul, is requesting the following:

1. An ordinance amending Section 118-265 to include definitions, performance standards, and a new use category for alternative energy systems, specifically solar energy systems.

Review Timeline

Per City Code, all ordinances must be reviewed by the City Council at two (2) separate meetings before adoption.

City Council Work Session Discussion: June 22, 2020 Planning Commission: July 8, 2020 – tabled at meeting Planning Commission: August 5, 2020 Tentative City Council Meeting for First Reading of Ordinance: August 17, 2020 Tentative City Council Meeting for Second Reading of Ordinance: September 8, 2020

Background

At the July 8th Planning Commission meeting, Staff brought forward a proposed zoning ordinance amendment that would establish a new solar energy ordinance. At the meeting, the commissioners shared their concerns about ground-mounted solar energy systems in residential areas. The Planning Commission requested that staff conduct a case study of ground-mounted solar energy systems in adjacent cities. This information was to be reported to the Planning Commission at the August 5th meeting.

Per the Planning Commission’s direction, staff conducted additional research regarding the safety, practicality, and typical conditions for ground mounted solar energy systems. Based on this research, staff have included answers to common questions about ground mounted solar energy systems as well as answers to questions that were not answered at the July 8th Planning Commission meeting. Staff reached out to a number of neighboring communities including West St. Paul, Inver Grove Heights, Eagan, Burnsville, and Mendota Heights for “case study” information about ground mounted solar energy systems in each community. This information can be found after the two “answers” sections.

Answers to Common Questions about Ground Mounted Solar Energy Systems

• How common are residential ground mounted solar energy systems?

Not common. The most common residential solar energy system is a roof-mounted solar energy system. Roof-mounted solar energy systems are appropriate and preferred for the vast majority of urban, residential properties. Roof-mounted solar energy systems are best suited for properties where the roof faces south or west (most properties in South St. Paul have a roof that faces south or west).

• What situations are ground mounted solar energy systems best suited for?

For properties where the roof is shaded for most of the day or if the roofing material is not ideal for a solar energy systems (such as slate), ground mounted solar energy systems can be an attractive alternative. Ground mounted solar energy systems are best suited for larger lots (greater than an acre) that would not experience obstruction from trees or other shading structures and would not cause the owner to experience a large loss of space as a result of installing a ground mounted solar energy system.

• Is there a cost difference between ground mounted and roof mounted solar energy systems?

Yes. Ground mounted solar energy system are typically more expensive than roof-mounted solar energy systems given the extra steps required to install ground mounted solar energy systems. • How much space is required for a ground mounted solar energy system?

The amount of space a solar energy system takes up depends on the amount of energy being produced and the size and suitability of where the solar energy system will be installed. Keep in mind that most solar energy systems are intended to reduce the amount of energy used that is produced by a local utility company.

It is estimated that the average consumer uses 920 kilowatt-hours of energy a month to power their home. A kilowatt-hour (kWh) is the amount of energy needed to keep a 1,000 watt (1kW) appliance running for an hour. A 100 watt bulb would need to be used for 10 hours to use 1 kilowatt-hour of energy.

The average solar energy system produces around 5 kW of energy. A system of this size would require around 400 square feet of space. A 5kW system would produce between 350-850 kilowatt hours per month (assuming the panel received at least 5 hours of sun a day). Most of the roof- mounted solar energy systems in South St. Paul are designs to produce between 2 kW and 8 kW.

Staff anticipate that any ground mounted solar energy system in a residential district will require a conditional use permit because the square footage of the solar energy system will be greater than the maximum allowable size of an accessory structure.

• Are ground mounted solar energy systems safe?

Yes. Ground-mounted solar energy systems do not pose an inherent risk. Ground mounted solar energy systems located in a residential district pose no greater risk to an individual’s safety than a lawnmower or a deck or any other common object one may find in a back yard that could potentially be dangerous to an unsupervised child.

• How much glare does a ground mounted solar energy system create?

Solar energy systems are designed to reflect only 2 percent of incoming light, so issues with glare from PV panels are rare. Most solar panels are designed with anti-reflective glass fronts to capture and retain as much of the sun’s rays as possible. This anti-reflective glass is less reflective than typical window glass or water.

Staff Response to Questions from the July 8th Planning Commission Meeting

• What liability does the City have regarding public safety in the case of a ground mounted solar energy system?

Staff would like to reiterate the ground mounted solar energy system are safe and are not inherently dangerous. The City is not liable for the actions taken by a resident on private property related to a ground mounted solar energy system. Similarly, the city is not liable if a child touches a hot asphalt driveway or if a resident injures themselves in their yard. All other liability related to a ground mounted solar energy systems belongs to the property owner.

• What are South St. Paul’s setbacks for accessory structures and how do these align with the setbacks of the surrounding communities?

In South St. Paul, an accessory structure located in a residential district must be located at least five feet from the side lot line of the structure is in the front two-third of a lot and three feet from the side lot if the structure is in the rear one-third of the lot. Accessory buildings must be located at least nine feet from the street side property line of a corner lot. All accessory structures that are not garages shall be setback at least three feet from the rear property line.

Eagan and Maple Grove require detached accessory structures in residential districts to be 5 feet from the side property line and 5 feet from the rear property line. The City of Inver Grove Heights requires accessory structures to be 5 feet from any side property line and 8 feet from any rear property line if the property located in a one-family or two-family residential district.

• How likely it is that a resident will request a ground mounted solar energy system on a 4,800 square foot lot?

Staff do not anticipate seeing this scenario very often (if ever). To date, the City of South St. Paul has only seen one ground mounted solar energy system proposal. This ground mounted solar energy system was on a three acre lot. Based on the case study examples from the surrounding communities, there are no ground mounted solar energy systems on lots less than an acre. Staff understand this to be for a number of reasons. 1) Roof-mounted solar energy systems work for the majority of properties. 2) Ground-mounted solar energy systems require an unobstructed yard for the panels to produce electricity efficiently. Shading from trees, homes, slopes, etc create obstacles that would prevent a solar energy system from efficiently producing energy. Smaller lots rarely offer a suitable location for ground mounted solar energy systems to produce energy unobstructed. 3) An adequately sized ground mounted solar energy system will likely be larger than the allowable size of an accessory structure and will require a conditional use permit. Few homeowners will opt for a solar energy system that requires additional time, money, and City approval when the homeowner can get a roof mounted panels installed without additional fuss. 4) Many property owners are not willing to use their limited yard space for a solar energy system that will leave part of their yard unusable.

• Could the proposed ordinance allow the Planning Commission and the City Council the opportunity to review applications for ground mounted solar energy systems?

The proposed ordinance essentially does. Staff anticipates that all proposed ground mounted solar energy systems in residential districts will require a conditional use permit due to the average size of a solar energy system that would be required to produce a desirable amount of energy. The proposed ordinance requires a conditional use permit for any ground mounted solar energy system that is 200 square feet or greater in area. It is estimated that a 5kw solar energy systems would take up 400 square feet of space. This array would trigger a conditional use permit requirement. Staff do not anticipate solar systems smaller than this based on case studies and discussion with a professional in the solar industry.

Ground Mounted Solar Energy Systems Case Study

South St. Paul

Staff conducted a thorough investigation of the solar energy systems in town and the size of each system. As of 2014, there are at least 22 known solar energy systems within the City limits. 21 of these systems are roof-mounted solar energy systems while the other system is a ground mounted solar energy system.

The City’s lone ground mounted solar energy system is a 6 kW array located on a 3.57 acre lot. The property owner worked for a local solar energy company and decided to invest in an array for his property. The owner’s roof was not suitable for a roof-mounted solar array so the owner proposed a ground mounted solar energy system as an alternative.

The proposed system was 38 feet in width and 9 feet in height. The project triggered the need for a conditional use permit because the proposed 342 square foot solar energy system exceeded the allowable size of 200 square feet for an accessory structure without a conditional use permit. The solar energy system was located partially in wetland because the location was the least obstructed by trees or other shade providing structures. The location was 30 feet from all property lines. The solar system would not be permitted in its current location under the proposed ordinance amendment because the solar array is located in a wetland. Staff have not received complaints about the solar energy system.

West St. Paul

West St. Paul staff reported that the City has no code requirements or language on solar energy systems. Staff did not report any ground mounted solar energy systems within the City.

Mendota Heights

Mendota Heights’ staff shared that the only residential, ground mounted solar energy system in Mendota Heights is the City’s solar garden, which located outside of City Hall. The City Hall facilities (administration, police department, and parking lot) all lie within two parcels with a total combined acreage of 17.4 acres. The majority of this acreage consists of nearby wetlands and road right-of-ways which results in a net area of 5.94 acres for the City to use. This property is zoned for One Family Residential Use.

Mendota Heights’ code requires ground mounted solar energy systems to be limited in area, location, and size to meet the maximum requirements allowed for accessory structures. The City requested a variance to create a system over the maximum allowable size for an accessory structure in a residential district. In Mendota Heights, accessory structures cannot exceed 1,000 square feet. The proposed 60 kW solar energy system required approximately 4,108 sq. ft. While the City allows ground mounted solar energy systems to be up to 15 feet in height, the ground mounted system was only 9 feet in height. Antiglare technology was used on the panels to minimize glare. Staff have receive no complaints about the solar garden.

Eagan

Staff from the City of Eagan reported a few ground mounted solar energy systems in town. Most were installed prior to the City having performance standards for solar energy systems. No new ground mounted solar energy system have been installed since the City created performance standards for solar energy systems in 2018.

The City has received one complaint over a ground mounted solar energy system. In 2017, a resident installed a 13 kW ground mounted solar energy system on a 1.8 acre lot after receiving a variance approval and the proper permitting for the installation of a ground mounted solar energy system. The entire array occupied 750 square feet and was 10.5 feet in height. Clear regulations governing solar energy systems were not in place at the time so the City regulated the system using the performance standards for an accessory structure. The variance allowed the resident to place the solar energy system in their front yard which is what triggered the complaint. In Eagan, accessory structures are normally only allowed in the side or rear yard of a residential properties. The subject property is situation in such a way that approximately half of the property is considered to be the front yard (about 200 feet). The front yard of the property was deemed to be adequately screened from the highway and neighboring properties.

Shortly after the variance approval, the City received an email from the resident notifying staff of the intent to change the location of the structure. Staff informed the resident that the newly proposed location would not affect the zoning permit approval because the structure remained in compliance with the location, setback, and height restrictions for an accessory structure.

A month after the solar energy system was installed, a resident from a neighboring property appealed the City’s decision to grant the variance. The appellant argued that the panel was inconsistent with the requirements for an accessory building and argued that screening requirements for satellite systems, communications towers and wind turbines should be applicable to solar installation. The Eagan City Council denied the appeal on the grounds that the zoning permit and placement of the solar energy system were in harmony with the provisions of the City Code and that a lack of screening is not an adequate reason to deny a permitted use.

Burnsville

The City of Burnsville has no residential ground mounted solar panels even though they are permitted.

Inver Grove Heights

Staff from the City of Inver Grove Heights reported that there are 3 residential ground mounted solar energy systems in town. The ground mounted solar energy systems are located on lots that are 4.72, 4.93, and 6.3 acres in size. The systems are 565 square feet, 864 square feet, and 830 square feet, respectively. The systems are 9 feet, 11 feet, and 10 feet in height. Staff reported complaints when one of the three ground mounted solar energy system was installed in a front yard. The ground mounted solar energy system did comply with the required setbacks despite being located in the front yard of a property. This would be prohibited under South St. Paul’s proposed zoning ordinance.

Staff Analysis

Staff feel that the proposed performance standards for ground mounted solar energy systems are appropriate for regulating such systems in a residential district, especially given the low demand and feasibility for these systems in dense residential areas. The case studies that were presented support the notion that ground mounted solar energy systems are atypical on lots less than an acre. Given that all the presented examples of ground mounted solar energy systems are over 200 square feet in size, Staff find it is safe to anticipate that most ground mounted systems in residential districts would require a conditional use permit. This would afford the Planning Commission the ability to review any proposed ground-mounted solar energy system.

Staff Recommendation

Staff is recommending approval of the proposed ordinance but is asking for the Planning Commission to review the proposed performance standards and recommend modifications, additions, and removals as they see necessary.

Action Needed

Recommended Action: A motion recommending approval of the proposed solar ordinance, either as presented or with modifications.

Alternative Action: A motion recommending denial of the proposed solar ordinance.

SUMMARY OF SOLAR ENERGY ORDINANCES IN SURROUNDING COMMUNITIES

City of Bloomington - Solar panels are allowed in all commercial and residential districts. - Solar panels require a building and electrical permit. - Ground mounted solar panels over 15 feet in height are considered a “tower” and requires a Conditional Use Permit. - Roof-mounted solar panels over 15 feet above roof height are considered a “tower” and requires a Conditional Use Permit. - Solar panels do not count towards impervious surface cover. - Ground mounted solar energy systems are subject to the lesser of either a 30 foot setback or the required setbacks for principal structures in the underlying zoning district. - Ground mounted solar energy systems do not count towards impervious surface coverage as long as the surface under the panel is not impervious - Ground mounted solar panels do not count towards coverage limitations. City of Eagan - Roof and ground-mounted solar energy systems are accessory uses in all districts. - Solar energy systems require a residential building permit and any other permits required by the state. - Roof mounted solar systems must comply with height and setback regulations. - Roof-mounted solar panels must be setback 1 foot from the edge of residential roofs and 10 feet from the edge of commercial, industrial or institutional structures. - A ground-mounted solar energy system shall not exceed 12 feet in height; however, the height may be increased up to an additional 15 feet if the system structure is set back from any property line by an additional two feet for each one foot of height above 12 feet. -Accessory structures must be at least 5 feet off the side yard property line and 5 feet off the rear yard property line. - Solar panels do not need to be consistent with other roofing materials. Reflection angles from collector surfaces shall be oriented away from neighboring windows. - A roof-mounted solar energy system shall not cover more than 80 percent of the south-facing roof surfaces or of an entire flat roof surface area. The surface area of ground-mount systems, together with all other structures, shall not exceed a maximum lot coverage of 30 percent for residential and 70 percent of commercial, industrial, and institutional zoning districts. - When an attached garage is present, the total floor area of all detached accessory structures shall not exceed 576 square feet. When an attached garage is not present, the total floor area of detached accessory structures shall not exceed 800 square feet. City of Burnsville - Solar energy systems are a permitted accessory use in all residential, commercial, industrial and park zoning districts. - Solar energy systems require a building and electrical permit. - Performance standards are included for ground mounted solar systems, wall mounted solar systems, roof mounted solar systems, and pole mounted solar systems. - Solar energy systems shall not be installed within the floodway, flood fringe, floodplain, shore impact zone, bluff impact zone, wetlands, wetland buffers, public waters, or stormwater ponds. - Ground mounted solar energy systems are limited to 200 square feet and may only be located in a rear yard. Ground mounted systems may not exceed 15 feet in height. - Ground mounted solar energy systems must follow accessory structure setbacks. These setbacks for residential districts are 5 feet for the side yard and 8 feet for the rear yard. - Roof mounted solar energy systems must comply with setbacks and cannot extend further than the roof. Roof mounted solar systems cannot cover more than 80% of the total south facing roof. -Variations to any of the standards can be done by Conditional Use Permit. City of Maplewood - Solar energy systems are a permitted accessory use in all districts. - Solar energy systems require proper permitting. - Ground mounted solar energy systems must meet the accessory structures setback for the zoning district in which it is installed. For the residential district, this setback is 5 feet from the side property line and 5 feet from the rear property line. -Roof mounted solar energy systems may not extend beyond the required setbacks of the building on which the systems is mounted. - The color of a solar collector is not required to be consistent with other roofing materials. - Ground mounted solar energy systems shall be screened from view to the extent possible without reducing their efficiency.

City of Mendota Heights - Solar energy systems are allowed with all districts subject to the appropriate permitting (building permit). - Roof mounted systems shall not exceed the structure height requirements in the applicable zoning district. - Roof mounted systems shall comply with all building setback requirements in all districts and shall not extend beyond the perimeter of the building on which the system is mounted. -Roof mounted systems shall not cover more than 80% of the roof section upon which the panels are mounted. - Ground mounted systems shall not exceed 15 feet in height. Systems shall be setback a minimum of 15 feet from all property boundary lines and 30 feet from all dwellings located on adjacent lots. - Ground mounted systems are limited to rear yards in all zoning districts. - Ground mounted solar systems have maximum area requirements based by district. - Solar energy systems shall use colors that are not visually incompatible with the color of roof material on which the system is mounted. - Reflective angels shall be oriented away from neighboring windows and minimize glare towards vehicular traffic and adjacent properties. City of Inver Grove Heights - Solar energy systems do not have specific performance standards but are required to adhere to accessory structure setbacks - In one family residential districts, the side yard setback is 5 feet and the rear yard setback is 8 feet.

City Council Agenda Date: September 8, 2020 10-C Department: Engineering Prepared by: Sue Polka, City Engineer Administrator: JRH

Agenda Item: Water Supply Plan

Action to be considered:

Adoption of the Water Supply Plan (Attachment A) and authorize the City Engineer to sign the Certificate of Adoption to be submitted to the Department of Natural Resources (DNR).

Overview:

All cities in the seven-county metropolitan area must have a water supply plan approved by the DNR. AE2S prepared the plan for the City of South St. Paul. The Water Supply Plan is also included in the City’s 2040 Comprehensive Plan.

The DNR has approved the City’s Water Supply Plan (Attachment B). The DNR requests that the City formally adopt the plan and return the Certificate of Adoption (Attachment C) upon approval. In addition, the City was provided with a Local Water Supply Plan Approval Checklist (Attachment D) that outlines future requirements and areas of concern/improvement expressed by both the DNR and the Metropolitan Council. The following are actions to be taken or that are currently being addressed:

1. Within six (6) months of adoption of the plan, the City is required to adopt a Critical Water Deficiency Ordinance. The DNR has provided a model ordinance prepared by the League of Minnesota Cities (Attachment E). Staff will work with the City Attorney and bring this forward at a future Council meeting. 2. An item of concern was the variability from year to year of the percentage of unaccounted for water use. Staff has implemented measures to track water usage such as metering water used for construction projects and tracking water used for routine operations and maintenance. Staff will review the additional suggestions provided. 3. Submit water level elevations to the DNR as requested. 4. Encourage water conservation efforts with the City’s large volume users.

ATTACHMENT A: Water Supply Plan ATTACHMENT B: DNR Approval Letter, August 24, 2019 ATTACHMENT C: Certificate of Adoption ATTACHMENT D: Local Water Supply Plan Approval Checklist ATTACHMENT E: Model Ordinance – Critical Water Deficiency

South St. Paul Local Water Supply Plan Template Third Generation for 2016-2018 Revised April 10, 2017

Formerly called Water Emergency & Water Conservation Plan

Cover photo by Molly Shodeen

For more information on this Water Supply Plan Template, please contact the DNR Division of Ecological and Water Resources at (651) 259-5034 or (651) 259-5100.

This information is available in an alternative format upon request.

Equal opportunity to participate in and benefit from programs of the Minnesota Department of Natural Resources is available to all individuals regardless of race, color, creed, religion, national origin, sex, marital status, public assistance status, age, sexual orientation, disability or activity on behalf of a local human rights commission. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St. Paul, MN 55155-4049; or the Equal Opportunity Office, Department of the Interior, Washington, DC 20240.

Table of contents INTRODUCTION TO WATER SUPPLY PLANS (WSP) ...... 6

Who needs to complete a Water Supply Plan ...... 6 Groundwater Management Areas (GWMA) ...... 6 Benefits of completing a WSP ...... 6 WSP Approval Process ...... 7 PART 1. WATER SUPPLY SYSTEM DESCRIPTION AND EVALUATION ...... 9

A. Analysis of Water Demand ...... 9 B. Treatment and Storage Capacity ...... 11 Treatment and storage capacity versus demand ...... 12

C. Water Sources ...... 12 Limits on Emergency Interconnections ...... 13

D. Future Demand Projections – Key Metropolitan Council Benchmark ...... 13 Water Use Trends ...... 13

Projection Method ...... 14

E. Resource Sustainability ...... 15 Monitoring – Key DNR Benchmark ...... 15

Water Level Data ...... 16

Potential Water Supply Issues & Natural Resource Impacts – Key DNR & Metropolitan Council Benchmark ...... 17

Wellhead Protection (WHP) and Source Water Protection (SWP) Plans ...... 23

F. Capital Improvement Plan (CIP) ...... 24 Adequacy of Water Supply System ...... 24

Proposed Future Water Sources ...... 25

Water Source Alternatives - Key Metropolitan Council Benchmark ...... 25

PART 2. EMERGENCY PREPAREDNESS PROCEDURES ...... 26

A. Emergency Response Plan ...... 26 B. Operational Contingency Plan ...... 26 C. Emergency Response Procedures ...... 27

Emergency Telephone List ...... 27

Current Water Sources and Service Area ...... 27

Procedure for Augmenting Water Supplies ...... 28

Allocation and Demand Reduction Procedures ...... 28

Notification Procedures ...... 30

Enforcement ...... 31

PART 3. WATER CONSERVATION PLAN ...... 32

Progress since 2006 ...... 32 A. Triggers for Allocation and Demand Reduction Actions ...... 33 B. Conservation Objectives and Strategies – Key benchmark for DNR ...... 34 Objective 1: Reduce Unaccounted (Non-Revenue) Water loss to Less than 10% ...... 34

Objective 2: Achieve Less than 75 Residential Gallons per Capita Demand (GPCD) ...... 36

Objective 3: Achieve at least 1.5% annual reduction in non-residential per capita water use ...... 37

Objective 4: Achieve a Decreasing Trend in Total Per Capita Demand ...... 38

Objective 5: Reduce Ratio of Maximum day to the Average Day Demand to Less Than 2.6 ...... 39

Objective 6: Implement Demand Reduction Measures ...... 39

Objective 7: Additional strategies to Reduce Water Use and Support Wellhead Protection Planning ...... 41

Objective 8: Tracking Success: How will you track or measure success through the next ten years? ...... 42

C. Regulation ...... 42 D. Retrofitting Programs ...... 43 Retrofitting Programs ...... 44

E. Education and Information Programs ...... 44 Proposed Education Programs ...... 44

PART 4. ITEMS FOR METROPOLITAN AREA COMMUNITIES ...... 48

A. Water Demand Projections through 2040 ...... 48 B. Potential Water Supply Issues ...... 48

C. Proposed Alternative Approaches to Meet Extended Water Demand Projections ...... 48 D. Value-Added Water Supply Planning Efforts (Optional) ...... 49 Source Water Protection Strategies ...... 49

Technical assistance...... 49

GLOSSARY ...... 50

Acronyms and Initialisms ...... 52 APPENDICES TO BE SUBMITTED BY THE WATER SUPPLIER ...... 52

Appendix 1: Well records and maintenance summaries ...... 52 Appendix 2: Water level monitoring plan ...... 52 Appendix 3: Water level graphs for each water supply well ...... 52 Appendix 4: Capital Improvement Plan ...... 52 Appendix 5: Emergency Telephone List ...... 52 Appendix 6: Cooperative Agreements for Emergency Services ...... 52 Appendix 7: Municipal Critical Water Deficiency Ordinance ...... 52 Appendix 8: Graph of Ten Years of Annual Per Capita Water Demand for Each Customer Category ...... 52 Appendix 9: Water Rate Structure ...... 52 Appendix 10: Ordinances or Regulations Related to Water Use ...... 52 Appendix 11: Implementation Checklist ...... 52 Appendix 12: Sources of Information for Table 10 ...... 52

DEPARTMENT OF NATURAL RESOURCES – DIVISION OF ECOLOGICAL AND WATER RESOURCES AND METROPOLITAN COUNCIL

INTRODUCTION TO WATER SUPPLY PLANS (WSP)

Who needs to complete a Water Supply Plan Public water suppliers serving more than 1,000 people, large private water suppliers in designated Groundwater Management Areas, and all water suppliers in the Twin Cities metropolitan area are required to prepare and submit a water supply plan.

The goal of the WSP is to help water suppliers: 1) implement long term water sustainability and conservation measures; and 2) develop critical emergency preparedness measures. Your community needs to know what measures will be implemented in case of a water crisis. A lot of emergencies can be avoided or mitigated if long term sustainability measures are implemented.

Groundwater Management Areas (GWMA) The DNR has designated three areas of the state as Groundwater Management Areas (GWMAs) to focus groundwater management efforts in specific geographies where there is an added risk of overuse or water quality degradation. A plan directing the DNRs actions within each GWMA has been prepared. Although there are no specific additional requirements with respect to the water supply planning for communities within designated GWMAs, communities should be aware of the issues and actions planned if they are within the boundary of one of the GWMAs. The three GWMAs are the North and East Metro GWMA (Twin Cities Metro), the Bonanza Valley GWMA and the Straight River GWMA (near Park Rapids). Additional information and maps are included in the DNR Groundwater Management Areas webpage.

Benefits of completing a WSP Completing a WSP using this template, fulfills a water supplier’s statutory obligations under M.S. M.S.103G.291 to complete a water supply plan. For water suppliers in the metropolitan area, the WSP will help local governmental units to fulfill their requirements under M.S. 473.859 to complete a local comprehensive plan. Additional benefits of completing WSP template:

• The standardized format allows for quicker and easier review and approval • Help water suppliers prepare for droughts and water emergencies. • Create eligibility for funding requests to the Minnesota Department of Health (MDH) for the Drinking Water Revolving Fund. • Allow water suppliers to submit requests for new wells or expanded capacity of existing wells. • Simplify the development of county comprehensive water plans and watershed plans. • Fulfill the contingency plan provisions required in the MDH wellhead protection and surface water protection plans. • Fulfill the demand reduction requirements of Minnesota Statutes, section 103G.291 subd 3 and 4.

• Upon implementation, contribute to maintaining aquifer levels, reducing potential well interference and water use conflicts, and reducing the need to drill new wells or expand system capacity. • Enable DNR to compile and analyze water use and conservation data to help guide decisions. • Conserve Minnesota’s water resources

If your community needs assistance completing the Water Supply Plan, assistance is available from your area hydrologist or groundwater specialist, the MN Rural Waters Association circuit rider program, or in the metropolitan area from Metropolitan Council staff. Many private consultants are also available.

WSP Approval Process 10 Basic Steps for completing a 10-Year Water Supply Plan

1. Download the DNR/Metropolitan Council Water Supply Plan Template from the DNR Water Supply Plan webpage. 2. Save the document with a file name with this naming convention: WSP_cityname_permitnumber_date.doc. 3. The template is a form that should be completed electronically. 4. Compile the required water use data (Part 1) and emergency procedures information (Part 2) 5. The Water Conservation section (Part 3) may need discussion with the water department, council, or planning commission, if your community does not already have an active water conservation program. 6. Communities in the seven-county Twin Cities metropolitan area should complete all the information discussed in Part 4. The Metropolitan Council has additional guidance information on their Water Supply webpage. All out-state water suppliers do not need to complete the content addressed in Part 4. 7. Use the Plan instructions and Checklist document from the DNR Water Supply Plan webpage to insure all data is complete and attachments are included. This will allow for a quicker approval process. 8. Plans should be submitted electronically using the MPARS website – no paper documents are required. 9. DNR hydrologist will review plans (in cooperation with Metropolitan Council in Metro area) and approve the plan or make recommendations. 10. Once approved, communities should complete a Certification of Adoption form, and send a copy to the DNR.

Complete Table 1 with information about the public water supply system covered by this WSP.

Table 1. General information regarding this WSP

Requested Information Description DNR Water Appropriation Permit Number(s) 1974-5168 Ownership ☒ Public or ☐ Private Metropolitan Council Area ☒ Yes or ☐ No (and county name) Street Address 125 3rd Avenue North City, State, Zip South St. Paul, MN 55075 Contact Person Name Sue Polka Title City Engineer Phone Number 651-554-3210 MDH Supplier Classification Municipal

PART 1. WATER SUPPLY SYSTEM DESCRIPTION AND EVALUATION The first step in any water supply analysis is to assess the current status of demand and availability. Information summarized in Part 1 can be used to develop Emergency Preparedness Procedures (Part 2) and the Water Conservation Plan (Part 3). This data is also needed to track progress for water efficiency measures.

A. Analysis of Water Demand Complete Table 2 showing the past 10 years of water demand data.

• Some of this information may be in your Wellhead Protection Plan. • If you do not have this information, do your best, call your engineer for assistance or if necessary leave blank.

If your customer categories are different than the ones listed in Table 2, please describe the differences below:

Table 2. Historic water demand (see definitions in the glossary after Part 4 of this template)

Year Pop. Total Residential C/I/I Water Wholesale Total Water Total Water Water Percent Unmetered/ Average Daily Max. Daily Date of Max. Residential Total per Served Connections Water Water used for Deliveries Delivered Pumped (MG) Supplier Unaccounted Demand Demand Demand Per Capita capita Delivered Delivered Non- (MG) (MG) Services (MGD) (MGD) Demand Demand (MG) (MG) essential (GPCD) (GPCD) 2008 20,167 6,909 421 478 80 979 1,180 17.0% 3.2 4.9 8/7/2008 57 160 2009 20,167 6,868 468 435 83 986 1,227 19.6% 3.4 5.9 9/21/2009 64 167 2010 20,180 6,854 391 466 83 940 1,196 21.5% 3.3 4.7 8/30/2010 53 162 2011 20,160 6,858 401 465 80 947 1,282 26.2% 3.5 3.3 5/31/2011 54 174 2012 20,160 6,806 433 400 74 907 1,095 17.1% 3.0 5.3 7/2/2012 59 149 2013 20,160 6,990 400 432 0 980 1,190 0 17.6% 3.3 5.9 8/29/2013 54 162 2014 20,160 6,686 361 436 0 945 1,127 0 16.2% 3.1 6.3 7/29/2014 49 153 2015 20,400 6,695 351 366 0 858 841 0 -2.0% 2.3 3.9 8/13/2015 47 113 2016 20,400 6,721 347 327 0 675 783 0 13.9% 2.1 3.3 7/21/2016 47 105 2017 20,400 6,922 344 357 0 701 735 0 4.5% 2.0 3.3 6/9/2017 46 99 Avg 2013- 2017 20,304 6,803 361 384 0 832 935 0 10% 2.6 4.5 49 126.3 MG – Million Gallons MGD – Million Gallons per Day GPCD – Gallons per Capita per Day

See Glossary for definitions. A list of Acronyms and Initialisms can be found after the Glossary.

Complete Table 3 by listing the top 10 water users by volume, from largest to smallest. For each user, include information about the category of use (residential, commercial, industrial, institutional, or wholesale), the amount of water used in gallons per year, the percent of total water delivered, and the status of water conservation measures.

Table 3. Large volume users

Customer Use Category Amount Used Percent of Total Implementing (Residential, Industrial, (Gallons per Annual Water Water Conservation Commercial, Year) Delivered Measures? Institutional, (Yes/No/Unknown) Wholesale) 1. Twin City Tanning Commercial/Industrial 120,433,000 17.85% YES 2. Sanimax Commercial/Industrial 46,248,000 6.86% UNKNOWN 3. City of South St Paul Institutional 18,773,000 2.78% YES 4. Twin City Hide Commercial/Industrial 11,333,000 1.68% UNKNOWN 5. Airgas Commercial/Industrial 9,105,000 1.35% UNKNOWN 6. Special School UNKNOWN Institutional 1.14% District 6 7,680,000 7. Waterford Green Residential 5,442,000 0.81% UNKNOWN 8. Dakota County CDA Institutional 4,922,000 0.73% UNKNOWN 9. Qualawash Holdings UNKNOWN Commercial/Industrial 0.72% LLC 4,881,000 10. Waterous Commercial/Industrial 4,045,000 0.60% UNKNOWN B. Treatment and Storage Capacity Complete Table 4 with a description of where water is treated, the year treatment facilities were constructed, water treatment capacity, the treatment methods (i.e. chemical addition, reverse osmosis, coagulation, sedimentation, etc.) and treatment types used (i.e. fluoridation, softening, chlorination, Fe/MN removal, coagulation, etc.). Also describe the annual amount and method of disposal of treatment residuals. Add rows to the table as needed.

Table 4. Water treatment capacity and treatment processes

Treatment Year Treatment Treatment Treatment Annual Disposal Do You Site ID Constructed Capacity Method Type Volume of Process Reclaim (Plant (GPD) Residuals for Filter Name or Residuals Backwash Well ID) Water? Wellhead treatment with fluoridation only Total NA NA NA NA NA NA NA

Complete Table 5 with information about storage structures. Describe the type (i.e. elevated, ground, etc.), the storage capacity of each type of structure, the year each structure was constructed, and the primary material for each structure. Add rows to the table as needed.

Table 5. Storage capacity, as of the end of the last calendar year

Structure Name Type of Storage Year Constructed Primary Material Storage Capacity Structure (Gallons) 9th Avenue Tank Ground Storage 1973 Steel 1,000,000 17th Avenue Tank Ground storage 2009 Concrete (2) 500,000 (two tanks) 18th Avenue Tank Elevated Storage 1972 Steel 750,000 19th Avenue Tank Elevated Storage 1960 Steel 400,000 Total NA NA NA 3,150,000

Treatment and storage capacity versus demand

It is recommended that total storage equal or exceed the average daily demand.

Discuss the difference between current storage and treatment capacity versus the water supplier’s projected average water demand over the next 10 years (see Table 7 for projected water demand):

The total storage capacity of the existing storage structures equals 3.15 MG. The projected average day water demand over the next 10 years ranges from 2.6 to 2.8 MGD. The current storage volume exceeds the future average day demand in 10 years by 12.5%. The maximum day demand over the next 10 years ranges from 4.5 to 4.8 MGD. Treatment capacity equals the well capacity. The current total and firm well capacity is 15.6 MGD and 12.4 MGD, respectively. Without emergency wells the total and firm well capacity is 10.8 MGD and 7.92 MGD, respectively. The firm capacity without the emergency wells exceeds the needed capacity in 10 years by 65%,

C. Water Sources Complete Table 6 by listing all types of water sources that supply water to the system, including groundwater, surface water, interconnections with other water suppliers, or others. Provide the name of each source (aquifer name, river or lake name, name of interconnecting water supplier) and the Minnesota unique well number or intake ID, as appropriate. Report the year the source was installed or established and the current capacity. Provide information about the depth of all wells. Describe the status of the source (active, inactive, emergency only, retail/wholesale interconnection) and if the source facilities have a dedicated emergency power source. Add rows to the table as needed for each installation.

Include copies of well records and maintenance summary for each well that has occurred since your last approved plan in Appendix 1.

Table 6. Water sources and status

Resource Type Resource Name MN South St Year Capacity Well Status of Normal Does this (Groundwater, Unique Paul Well Installed (Gallons per Depth and Emergency Source have Surface water, Well # ID Minute) (Feet) Operations a Dedicated Interconnectio or (active, inactive, Emergency n) Intake emergency only, Power ID retail/wholesale Source? (Yes interconnection)) or No) Groundwater St. Peter-Prairie 208347 Well No. 4 1946 2,000 342 Active Yes du Chien, Jordan Groundwater St. Peter, Jordan 200664 Well No. 6 1972 1,900 484 Emergency No Groundwater St. Peter-Prairie Active, During 200676 Well No. 7 1971 1,300 255 No du Chien, Jordan High-Demand Groundwater Active, During Jordan 127251 Well No. 8 1975 1,100 500 No High-Demand Groundwater Jordan 112201 Well No. 9 1975 300 381 Active NA Interconnection City of Inver 3, 6” NA NA 1979 NA Active NA Grove Heights Connections Interconnection 2, 6” City of St. Paul NA NA 1982 NA Active NA Connections

Limits on Emergency Interconnections Discuss any limitations on the use of the water sources (e.g. not to be operated simultaneously, limitations due to blending, aquifer recovery issues etc.) and the use of interconnections, including capacity limits or timing constraints (i.e. only 200 gallons per minute are available from the City of Prior Lake, and it is estimated to take 6 hours to establish the emergency connection). If there are no limitations, list none.

Interconnection use must be coordinated with the respective interconnecting City.

D. Future Demand Projections – Key Metropolitan Council Benchmark Water Use Trends Use the data in Table 2 to describe trends in 1) population served; 2) total per capita water demand; 3) average daily demand; 4) maximum daily demand. Then explain the causes for upward or downward trends. For example, over the ten years has the average daily demand trended up or down? Why is this occurring?

Trends noted over the past 10 years include:

The population has minimally increased over the past 10 years ranging from 20,167 to 20,400.

The total per capita water demand and per capita residential demand have trended downwards over the last 10 years. The 5-year average in the 2008 Water Plan was 163 gpcd for total water demand and 69 gpcd for residential demand. The current 5-year average is 126 gpcd for total water demand and 49 gpcd for residential water demand.

Average daily and maximum daily demands have also trended downwards over the last ten years. The average daily demand 5-year avg. was 2.8 MGD in the 2008 plan and is now 2.6 MGD. Maximum daily demand often occurs between June to September because of the increased water use on landscape watering, vehicle washing, and other outdoor activities. It is influenced by weather patterns and drought conditions. The average maximum day over the 10-year analysis period was 5.5 MGD in the 2008 plan and is currently 4.7 MGD. The downward trends are likely due to the City’s commitment and focus on water conservation efforts.

Use the water use trend information discussed above to complete Table 7 with projected annual demand for the next ten years. Communities in the seven-county Twin Cities metropolitan area must also include projections for 2030 and 2040 as part of their local comprehensive planning.

Projected demand should be consistent with trends evident in the historical data in Table 2, as discussed above. Projected demand should also reflect state demographer population projections and/or other planning projections.

Table 7. Projected annual water demand

Year Projected Projected Projected Total Per Projected Projected Maximum Total Population Capita Water Demand Average Daily Daily Demand (MGD) Population Served (GPCD) Demand (MGD) 2018 20,513 20,498 126.4 2.6 4.5 2019 20,625 20,609 126.4 2.6 4.5 2020 20,850 20,832 126.4 2.6 4.6 2021 20,855 20,837 126.4 2.6 4.6 2022 20,860 20,842 126.4 2.6 4.6 2023 20,865 20,847 126.4 2.6 4.6 2024 20,870 20,852 126.4 2.6 4.6 2025 20,875 20,857 126.4 2.6 4.6 2026 20,880 20,862 126.4 2.6 4.6 2027 20,885 20,867 126.4 2.6 4.6 2030 20,900 20,882 126.4 2.6 4.6 2040 21,200 21,182 126.4 2.7 4.6 GPCD – Gallons per Capita per Day MGD – Million Gallons per Day

Projection Method Describe the method used to project water demand, including assumptions for population and business growth and how water conservation and efficiency programs affect projected water demand:

The Metropolitan Council “Thrive MSP 2040 – Forecasts as of January 1, 2017” includes population projections. However, adjusted forecasts were approved by the Metropolitan Council for South St. Paul. Population is projected to increase to 20,850 in 2020. Additionally, the population is projected to increase to 20,900 in 2030 and then increase to 21,200 in 2040. Growth is anticipated to occur at a steady rate per year between MCES future projections.

The population served by the City’s water system is reported annually with every DNR Water Use Report. For projection of 2018 through 2019, the increase between the reported population served and the projected 2020 population was averaged and incrementally added annually. A similar method was used to project populations from 2020-2030 and 2030-2040. The Metropolitan Council “Thrive MSP 2040 forecasts indicate that the anticipated total population is greater than the population served by 18 people.

As discussed previously, over the last decade, the total per capita water demand has trended downwards. The projected total per capita demand is based on the average total per capita demand over the last five years. This is equal to 126.4 gpcd. The most recent 10-year average total demand is 144 gpcd. The City felt the 5 year-average was more in line with future water use.

The projected average day demand is equal to the total per capita per day times the projected population. This is then divided by one million to get the average day demand in MGD.

The maximum day demand is based on the average annual peaking factor over the last five years, which was found to be 1.7. For each year the average day demand is multiplied by the peaking factor to obtain the maximum day demand in MGD.

The projection is based on a lower per capita demand and lower peaking factor than the 2008 projections, which were based on demand of 140 gpcd and a peaking factor of 2.0. Water conservation and efficiency programs have been effective in reducing the key parameters used in calculating water projections.

E. Resource Sustainability

Monitoring – Key DNR Benchmark Complete Table 8 by inserting information about source water quality and quantity monitoring efforts. The list should include all production wells, observation wells, and source water intakes or reservoirs. Groundwater level data for DNR’s statewide network of observation wells are available online through the DNR’s Cooperative Groundwater Monitoring (CGM) webpage.

Table 8. Information about source water quality and quantity monitoring

MN Unique Well # Type of monitoring Monitoring program Frequency of Monitoring Method or Surface Water ID point monitoring Well No. 1 (200674) ☒ production well ☒ routine MDH ☒ continuous ☒ SCADA ☐ observation well sampling ☐ hourly ☐ grab sampling ☐ source water ☐ routine water utility ☐ daily ☐ steel tape intake sampling ☐ monthly ☐ stream gauge ☐ source water ☐ other ☐ quarterly reservoir ☐ annually Well No. 2 (201153) ☒ production well ☒ routine MDH ☐ continuous ☐ SCADA (emergency) sampling ☐ hourly ☐ grab sampling ☐ observation well ☐ routine water utility ☐ daily ☒ steel tape ☐ source water sampling ☐ monthly ☐ stream gauge intake ☐ other ☐ quarterly ☐ source water ☒ annually reservoir Well No. 3 (200665) ☒ production well ☒ routine MDH ☒ continuous ☒ SCADA ☐ observation well sampling ☐ hourly ☐ grab sampling ☐ source water ☐ routine water utility ☐ daily ☐ steel tape intake sampling ☐ monthly ☐ stream gauge ☐ source water ☐ other ☐ quarterly reservoir ☐ annually Well No. 4 (208347) ☒ production well ☒ routine MDH ☒ continuous ☒ SCADA ☐ observation well sampling ☐ hourly ☐ grab sampling ☐ source water ☐ routine water utility ☐ daily ☐ steel tape intake sampling ☐ monthly ☐ stream gauge ☐ source water ☐ other ☐ quarterly reservoir ☐ annually

MN Unique Well # Type of monitoring Monitoring program Frequency of Monitoring Method or Surface Water ID point monitoring Well No. 6 (200664) ☒ production well ☒ routine MDH ☐ continuous ☐ SCADA (emergency) sampling ☐ hourly ☐ grab sampling ☐ observation well ☐ routine water utility ☐ daily ☒ steel tape ☐ source water sampling ☐ monthly ☐ stream gauge intake ☐ other ☐ quarterly ☐ source water ☒ annually reservoir Well No.7 (200676) ☒ production well ☒ routine MDH ☐ continuous ☒ SCADA ☐ observation well sampling ☐ hourly ☐ grab sampling ☐ source water ☐ routine water utility ☐ daily ☒ steel tape intake sampling ☐ monthly ☐ stream gauge ☐ source water ☐ other ☐ quarterly reservoir ☒ annually Well No. 8 (127251) ☒ production well ☒ routine MDH ☐ continuous ☒ SCADA ☐ observation well sampling ☐ hourly ☐ grab sampling ☐ source water ☐ routine water utility ☐ daily ☒ steel tape intake sampling ☐ monthly ☐ stream gauge ☐ source water ☐ other ☐ quarterly reservoir ☒ annually Well No. 9 (112201) ☒ production well ☐ routine MDH ☒ continuous ☒ SCADA (planned ☐ observation well sampling (future) for future) ☐ source water ☐ routine water utility ☐ hourly ☐ grab sampling intake sampling ☐ daily ☒ steel tape ☐ source water ☐ other ☐ monthly ☐ stream gauge reservoir ☐ quarterly ☐ annually MDH # 243750, ☐ production well ☐ routine MDH ☐ continuous ☐ SCADA Observation Well # until abandoned sampling ☐ hourly ☐ grab sampling 19024 ☒ observation well ☐ routine water utility ☐ daily ☐ steel tape - inactive sampling ☐ monthly ☐ stream gauge ☐ source water ☐ other ☐ quarterly intake ☐ annually ☐ source water Period of Record: reservoir 9/17/51 – 8/30/64 MDH # 200669, ☐ production well ☐ routine MDH ☐ continuous ☐ SCADA Observation Well # until abandoned sampling ☐ hourly ☐ grab sampling 19025 ☒ observation well ☐ routine water utility ☐ daily ☐ steel tape - inactive sampling ☐ monthly ☐ stream gauge ☐ source water ☐ other ☐ quarterly intake ☐ annually ☐ source water Period of Record: reservoir 1/10/72 – 8/21/73

Water Level Data A water level monitoring plan that includes monitoring locations and a schedule for water level readings must be submitted as Appendix 2. If one does not already exist, it needs to be prepared and submitted with the WSP. Ideally, all production and observation wells are monitored at least monthly.

Complete Table 9 to summarize water level data for each well being monitored. Provide the name of the aquifer and a brief description of how much water levels vary over the season (the difference between the highest and lowest water levels measured during the year) and the long-term trends for each well. If water levels are not measured and recorded on a routine basis, then provide the static water level when each well was constructed and the most recent water level measured during the same season the well was constructed. Also include all water level data taken during any well and pump maintenance. Add rows to the table as needed.

Groundwater hydrographs illustrate the historical record of aquifer water levels measured within a well and can indicate water level trends over time. For each well in your system, provide a hydrograph for the life of the well, or for as many years as water levels have been measured. Include the hydrographs in Appendix 3. An example of a hydrograph can be found on the DNR’s Groundwater Hydrograph webpage. Hydrographs for DNR Observation wells can be found in the CGM discussed above.

Table 9. Water level data

Unique Well Aquifer Name Seasonal Variation Long-term Trend in Water level Number or Well ID (Feet) water level data measured during well/pumping maintenance Well No. 1 St. Peter-Prairie du 25 ft. ☐ Falling 3/25/15: 130 ft. (200674) Chien, Jordan ☒ Stable 5/29/17: 126 ft ☐ Rising Well No. 2 Jordan 25 ft. ☐ Falling 3/9/72: 154 ft. (201153) ☒ Stable 11/14/12: 138 ft. ☐ Rising Well No. 3 St. Peter-Prairie du 10 ft. ☐ Falling 10/19/90: 67 ft. (200665) Chien, Jordan ☒ Stable 4/9/18: 60 ft ☐ Rising 5/17/18: 70 ft.

Well No. 4 St. Peter-Prairie du 20 ft. ☐ Falling 5/26/12: 75 ft. (208347) Chien, Jordan ☒ Stable 12/6/12: 78 ft. ☐ Rising Well No. 6 St. Peter, Jordan 25 ft. ☐ Falling 4/17/72: 208 ft (200664) ☒ Stable ☐ Rising Well No.7 St. Peter-Prairie du 25 ft. ☐ Falling 9/2/71: 47 ft (200676) Chien, Jordan ☒ Stable ☐ Rising Well No. 8 Jordan 25 ft. ☐ Falling 1/24/75: 211 ft. (127251) ☒ Stable ☐ Rising Well No. 9 Jordan 25 ft. ☐ Falling 2/10/75: 128 ft. (112201) ☒ Stable ☐ Rising

Potential Water Supply Issues & Natural Resource Impacts – Key DNR & Metropolitan Council Benchmark

Complete Table 10 by listing the types of natural resources that are or could potentially be impacted by permitted water withdrawals in the future. You do not need to identify every single water resource in your entire community. The goal is to help you triage the most important water resources and/or the water resources that may be impacted by your water supply system – perhaps during a drought or when the population has grown significantly in ten years. This is emerging science, so do the best you can with available data. For identified resources, provide the name of specific resources that may be impacted. Identify what the greatest risks to the resource are and how the risks are being assessed. Identify any resource protection thresholds – formal or informal – that have been established to identify when actions should be taken to mitigate impacts. Provide information about the potential mitigation actions that may be taken, if a resource protection threshold is crossed. Add additional rows to the table as needed. See the glossary at the end of the template for definitions.

Some of this baseline data should have been in your earlier water supply plans or county comprehensive water plans. When filling out this table, think of what are the water supply risks, identify the resources, determine the threshold and then determine what your community will do to mitigate the impacts.

Your DNR area hydrologist is available to assist with this table.

For communities in the seven-county Twin Cities metropolitan area, the Master Water Supply Plan Appendix 1 (Water Supply Profiles), provides information about potential water supply issues and natural resource impacts for your community.

Steps for completing Table 10

1. Identify the potential for natural resource impacts/issues within the community First, review available information to identify resources that may be impacted by the operation of your water supply system (such as pumping). Potential Sources of Information: • County Geologic Atlas • Local studies • Metropolitan Council System Statement (for metro communities) • Metropolitan Council Master Water Supply Plan (for metro communities)

ACTION: Check the resource type(s) that may be impacted in the column “Resource Type”

2. Identify where your water supply system is most likely to impact those resources (and vice versa). Potential Sources of Information: • Drinking Water Supply Management Areas • Geologic Atlas - Sensitivity • If no WHPA or other information exists, consider rivers, lakes, wetlands and significant within 1.5 miles of wells; and calcareous fens and trout streams within 5 miles of wells

ACTION: Focus the rest of your work in these areas.

3. Within focus areas, identify specific features of value to the community You know your community best. What resources are important to pay attention to? It may be useful to check in with your community’s planning and zoning staff and others.

Potential Sources of Information: • Park plans • Local studies • Natural resource inventories • Tourist attractions/recreational areas/valued community resource

ACTION: Identify specific features that the community prioritizes in the “Resource Name” column (for example: North Lake, Long River, Brook Trout Stream, or Green Fen). If, based on a review of available information, no features are likely to be at risk, note “None”.

4. Identify what impact(s) the resource is at risk for Potential Sources of Information: • Wellhead Protection Plan • Water Appropriation Permit • County Geologic Atlas • MDH or PCA reports of the area • Metropolitan Council System Statement (for metro communities) • Metropolitan Council Master Water Supply Plan (for metro communities)

ACTION: Check the risk type in the column “Risk”. If, based on a review of available information, no risk is identified, note “None anticipated”.

5. Describe how the risk was assessed Potential Sources of Information: • Local studies • Monitoring data (community, WMO, DNR, etc.) • Aquifer testing • County Geologic Atlas or other hydrogeologic studies • Regional or state studies, such as DNR’s report ‘Definitions and Thresholds for Negative Impacts to Surface Waters’ • Well boring logs

ACTION: Identify the method(s) used to identify the risk to the resource in the “Risk Assessed Through” column

6. Describe protection threshold/goals What is the goal, if any, for protecting these resources? For example, is there a lower limit on acceptable flow in a river or stream? Water quality outside of an accepted range? A lower limit on acceptable aquifer level decline at one or more monitoring wells? Withdrawals that exceed some percent of the total amount available from a source? Or a lower limit on acceptable changes to a protected habitat?

Potential Sources of Information: 19

• County Comprehensive Water Plans • Watershed Plans or One Watershed/One Plan • Groundwater or Aquifer Plans • Metropolitan Master Plans • DNR Thresholds study • Community parks, open space, and natural resource plans

ACTION: Describe resource protection goals in the “Describe Resource Protection Threshold” column or reference an existing plan/document/webpage

7. If a goal/threshold should trigger action, describe the plan that will be implemented. Identify specific action, mitigation measures or management plan that the water supplier will implement, or refer to a partner’s plan that includes actions to be taken.

Potential Sources of Information: • County Comprehensive Water Plans • Watershed Plans or One Watershed/One Plan • Groundwater or Aquifer Plans • Metropolitan Master Plans • Studies such as DNR Thresholds study

ACTION: Describe the mitigation measure or management plan in the “Mitigation Measure or Management Plan” column.

8. Describe work to evaluate these risks going forward. For example, what is the plan to regularly check in to stay current on plans or new data?

Identify specific action that the water supplier will take to identify the creation of or change to goals/thresholds, or refer to a partner’s plan that includes actions to be taken.

ACTION: Describe what will be done to evaluate risks going forward, including any changes to goals or protection thresholds in the “Describe how Changes to Goals are monitored” column.

Table 10. Natural resource impacts (*List specific resources in Appendix 12)

Resource Resource Risk Risk Assessed Describe Mitigation Describe How Type Name Through * Resource Measures or Thresholds or Protection Management Goals are Threshold or Plan Monitored Goal * ☒ River or Mississippi ☒ None ☒ Geologic ☒ Not ☒Not ☒Not stream River anticipated atlas or other applicable applicable applicable ☐ mapping ☐ Additional ☐ Change ☐ Newly Flow/water ☐ Modeling data is groundwater collected data level decline ☐ Modeling needed to pumping will be ☐ Degrading ☐ Monitoring establish ☐ Increase analyzed water quality ☐ Aquifer ☐ See report: conservation ☐ Regular trends testing ______☐ Other: check-in with ☐ Impacts on ☐WRAPS or ☐ No data ______these endangered, other available partners: threatened, watershed ☐ Other: ______or special report ______concern ☐Proximity ☐ Other: species (<1.5 ______habitat miles) ☐ Other: ☐ Other: ______☐ Calcareous N/A ☒ None ☐ Geologic ☒ Not ☒Not ☒Not fen anticipated atlas or other applicable applicable applicable ☐ mapping ☐ Additional ☐ Change ☐ Newly Flow/water ☐ Modeling data is groundwater collected data level decline ☐ Modeling needed to pumping will be ☐ Degrading ☐ Monitoring establish ☐ Increase analyzed water quality ☐ Aquifer ☐ See report: conservation ☐ Regular trends testing ______☐ Other: check-in with ☐ Impacts on ☐WRAPS or ☐ Other: ______these endangered, other ______partners: threatened, watershed ______or special Report ☐ Other: concern ☐Proximity ______species (<5 miles) habitat ☐ Other: ☐ Other: ______☐ Other: ___

Resource Resource Risk Risk Assessed Describe Mitigation Describe How Type Name Through * Resource Measures or Thresholds or Protection Management Goals are Threshold or Plan Monitored Goal * ☐ Lake N/A ☒ None ☐ Geologic ☒ Not ☒Not ☒Not anticipated atlas or other applicable applicable applicable ☐ mapping ☐ Additional ☐ If needed, ☐ Newly Flow/water ☐ Modeling data is change collected data level decline ☐ Modeling needed to groundwater will be ☐ Degrading ☐ Monitoring establish pumping analyzed water quality ☐ Aquifer ☐ See report: ☐ Increase ☐ Regular trends testing ______conservation check-in with ☐ Impacts on ☐WRAPS or ☐ Other: ☐ Other: these endangered, other Water level & ______partners: DNR threatened, watershed impact data & ☐ Other: or special report guidance Wellhead concern ☐Proximity provided by Protection species (<1.5 DNR. Plan Updates habitat miles) ☐ Other: ☐ Other: ______☐ Other: ___ ☒ Wetland DNR Public ☐ None ☐ Geologic ☐ Not ☐Not ☐Not Water anticipated atlas or other applicable applicable applicable Wetland 19- ☐ mapping ☐ Additional ☒ If needed, ☐ Newly 0094-00W Flow/water ☐ Modeling data is change collected data Wetland 19- level decline ☐ Monitoring needed to groundwater will be 0095-00W ☒ Degrading ☐ Aquifer establish pumping analyzed. water quality testing ☐ See report: ☒ Increase ☒ Regular trends ☐WRAPS or ______conservation check-in with ☐ Impacts on other ☒ Other: City ☐ Other: these endangered, watershed Water level & ______partners: DNR threatened, report impact data & ☒ Other: or special ☒Proximity guidance Wellhead concern (<1.5 provided by Protection species miles) DNR. Plan Updates habitat ☐ Other: ☐ Other: ______

Resource Resource Risk Risk Assessed Describe Mitigation Describe How Type Name Through * Resource Measures or Thresholds or Protection Management Goals are Threshold or Plan Monitored Goal * ☐ Trout N/A ☒ None ☐ Geologic ☒ Not ☒Not ☒Not stream anticipated atlas or other applicable applicable applicable ☐ mapping ☐ Additional ☐ Change ☐ Newly Flow/water ☐ Modeling data is groundwater collected data level decline ☐ Monitoring needed to pumping will be ☐ Degrading ☐ Aquifer establish ☐ Increase analyzed water quality testing ☐ See report: conservation ☐ Regular trends ☐WRAPS or ______☐ Other: check-in with ☐ Impacts on other ☐ Other: ______these endangered, watershed ______partners: threatened, report ______or special ☐Proximity ☐ Other: concern (< 5 miles) ______species ☐ Other: habitat ______☐ Other: ______☒ Aquifer St. Peter, ☐ None ☐ Geologic ☐ Not ☐Not ☐Not Prairie du anticipated atlas or other applicable applicable applicable Chien, and ☒ mapping ☐ Additional ☐ Change ☒ Newly Jordan Flow/water ☒ Modeling data is groundwater collected data Aquifers level decline ☒ Monitoring needed to pumping will be ☐ Degrading ☐ Aquifer establish ☒ Increase analyzed. water quality testing ☐ See report: conservation Current City trends ☐Proximity ______☐ Other: wells and the ☐ Impacts on (obwell < 5 ☒ Other: City ______addition of endangered, miles) Water level Well 2 threatened, ☐ Other: data & (#127251) as or special ______guidance a water level concern provided by observation species DNR. well. habitat ☐ Regular ☐ Other: check-in with ______these partners: ______☐ Other: ______

Wellhead Protection (WHP) and Source Water Protection (SWP) Plans Complete Table 11 to provide status information about WHP and SWP plans.

The emergency procedures in this plan are intended to comply with the contingency plan provisions required in the Minnesota Department of Health’s (MDH) Wellhead Protection (WHP) Plan and Surface Water Protection (SWP) Plan.

Table 11. Status of Wellhead Protection and Source Water Protection Plans

Plan Type Status Date Adopted Date for Update WHP ☐ In Process August 2015 2025 ☒ Completed ☐ Not Applicable SWP ☐ In Process ☐ Completed ☒ Not Applicable WHP – Wellhead Protection Plan SWP – Source Water Protection Plan

F. Capital Improvement Plan (CIP) Please note that any wells that received approval under a ten-year permit, but that were not built, are now expired and must submit a water appropriations permit.

Adequacy of Water Supply System Complete Table 12 with information about the adequacy of wells and/or intakes, storage facilities, treatment facilities, and distribution systems to sustain current and projected demands. List planned capital improvements for any system components, in chronological order. Communities in the seven- county Twin Cities metropolitan area should also include information about plans through 2040.

The assessment can be the general status by category; it is not necessary to identify every single well, storage facility, treatment facility, lift station, and mile of pipe.

Please attach your latest Capital Improvement Plan as Appendix 4.

Table 12. Adequacy of Water Supply System

System Component Planned action Anticipated Notes Construction Year Wells/Intakes ☒ No action planned - adequate Serviced ☒ Repair/replacement every 1 ☐ Expansion/addition billion gallons Water Storage Facilities ☒ No action planned - adequate High service ☒ Repair/replacement pumps ☐ Expansion/addition maintained every 30,000 hours Water Treatment Facilities ☒ No action planned - adequate Fluoride feed/storage ☐ Repair/replacement equipment serviced annually ☐ Expansion/addition

Distribution Systems ☐ No action planned - adequate As needed Pipe and valve replacement (Pipes, valves, etc.) ☒ Repair/replacement as needed when leaks are ☐ Expansion/addition discovered, addition of valves for isolation and main extension, looping and supply needs. Street reconstruction.

System Component Planned action Anticipated Notes Construction Year Pressure Zones ☐ No action planned - adequate 2021-2025 Pressure Control Valves ☐ Repair/replacement ☒ Expansion/addition

Other: ☐ No action planned - adequate ☐ Repair/replacement ☐ Expansion/addition

Proposed Future Water Sources Complete Table 13 to identify new water source installation planned over the next ten years. Add rows to the table as needed.

Table 13. Proposed future installations/sources

Source Installation Resource Proposed Planned Planned Location Name Pumping Installation Year Partnerships (approximate) Capacity (gpm) Groundwater NA Surface Water NA Interconnection NA to another supplier

Water Source Alternatives - Key Metropolitan Council Benchmark Do you anticipate the need for alternative water sources in the next 10 years? Yes ☐ No ☒

For metro communities, will you need alternative water sources by the year 2040? Yes ☐ No ☒

If you answered yes for either question, then complete table 14. If no, insert NA.

Complete Table 14 by checking the box next to alternative approaches that your community is considering, including approximate locations (if known), the estimated amount of future demand that could be met through the approach, the estimated timeframe to implement the approach, potential partnerships, and the major benefits and challenges of the approach. Add rows to the table as needed.

For communities in the seven-county Twin Cities metropolitan area, these alternatives should include approaches the community is considering to meet projected 2040 water demand.

Table 14. Alternative water sources

Alternative Source Source and/or Estimated Timeframe Potential Benefits Challenges Considered Installation Amount of to Partners Location Future Implement (approximate) Demand (%) (YYYY) ☐ Groundwater NA ☐ Surface Water NA

PART 2. EMERGENCY PREPAREDNESS PROCEDURES The emergency preparedness procedures outlined in this plan are intended to comply with the contingency plan provisions required by MDH in the WHP and SWP. Water emergencies can occur as a result of vandalism, sabotage, accidental contamination, mechanical problems, power failings, drought, flooding, and other natural disasters. The purpose of emergency planning is to develop emergency response procedures and to identify actions needed to improve emergency preparedness. In the case of a municipality, these procedures should be in support of, and part of, an all-hazard emergency operations plan. Municipalities that already have written procedures dealing with water emergencies should review the following information and update existing procedures to address these water supply protection measures.

A. Emergency Response Plan Section 1433(b) of the Safe Drinking Water Act, (Public Law 107-188, Title IV- Drinking Water Security and Safety) requires community water suppliers serving over 3,300 people to prepare an Emergency Response Plan. MDH recommends that Emergency Response Plans are updated annually.

Do you have an Emergency Response Plan? Yes ☒ No ☐

Have you updated the Emergency Response Plan in the last year? Yes ☐ No ☒

When did you last update your Emergency Response Plan? ____2016______

Complete Table 15 by inserting the noted information regarding your completed Emergency Response Plan.

Table 15. Emergency Response Plan contact information

Emergency Response Plan Role Contact Person Contact Phone Contact Email Number Emergency Response Lead CHIEF OF POLICE 651-554-3301 BMESSERICH BILL MESSERICH @SOUTHSTPAUL.ORG Alternate Emergency Response PUBLIC WORKS 651-554-3245 [email protected] Lead DIRECTOR PAT DUNN B. Operational Contingency Plan

All utilities should have a written operational contingency plan that describes measures to be taken for water supply mainline breaks and other common system failures as well as routine maintenance.

Do you have a written operational contingency plan? Yes ☒ No ☐

At a minimum, a water supplier should prepare and maintain an emergency contact list of contractors and suppliers.

C. Emergency Response Procedures Water suppliers must meet the requirements of MN Rules 4720.5280. Accordingly, the Minnesota Department of Natural Resources (DNR) requires public water suppliers serving more than 1,000 people to submit Emergency and Conservation Plans. Water emergency and conservation plans that have been approved by the DNR, under provisions of Minnesota Statute 186 and Minnesota Rules, part 6115.0770, will be considered equivalent to an approved WHP contingency plan.

Emergency Telephone List Prepare and attach a list of emergency contacts, including the MN Duty Officer (1-800-422-0798), as Appendix 5. An Emergency Contact List template is available at the MnDNR Water Supply Plans webpage.

The list should include key utility and community personnel, contacts in adjacent water suppliers, and appropriate local, state and federal emergency contacts. Please be sure to verify and update the contacts on the emergency telephone list and date it. Thereafter, update on a regular basis (once a year is recommended). In the case of a municipality, this information should be contained in a notification and warning standard operating procedure maintained by the Emergency Manager for that community. Responsibilities and services for each contact should be defined.

Current Water Sources and Service Area Quick access to concise and detailed information on water sources, water treatment, and the distribution system may be needed in an emergency. System operation and maintenance records should be maintained in secured central and back-up locations so that the records are accessible for emergency purposes. A detailed map of the system showing the treatment plants, water sources, storage facilities, supply lines, interconnections, and other information that would be useful in an emergency should also be readily available. It is critical that public water supplier representatives and emergency response personnel communicate about the response procedures and be able to easily obtain this kind of information both in electronic and hard copy formats (in case of a power outage).

Do records and maps exist? Yes ☒ No ☐

Can staff access records and maps from a central secured location in the event of an emergency?

Yes ☒ No ☐

Does the appropriate staff know where the materials are located?

Yes ☒ No ☐

Procedure for Augmenting Water Supplies Complete Tables 16 – 17 by listing all available sources of water that can be used to augment or replace existing sources in an emergency. Add rows to the tables as needed.

In the case of a municipality, this information should be contained in a notification and warning standard operating procedure maintained by the warning point for that community. Municipalities are encouraged to execute cooperative agreements for potential emergency water services and copies should be included in Appendix 6. Outstate Communities may consider using nearby high capacity wells (industry, golf course) as emergency water sources.

WSP should include information on any physical or chemical problems that may limit interconnections to other sources of water. Approvals from the MDH are required for interconnections or the reuse of water.

Table 16. Interconnections with other water supply systems to supply water in an emergency

Other Water Capacity (GPM Note Any Limitations On List of services, equipment, supplies Supply System & MGD) Use available to respond Owner City of St. Paul 144 MGD Emergency Use LABOR TO OPEN VALVE City of Inver Grove 10 MGD Emergency Use LABOR TO OPEN VALVE Heights GPM – Gallons per minute MGD – million gallons per day

Table 17. Utilizing surface water as an alternative source

Surface Water Capacity Capacity Treatment Needs Note Any Limitations Source Name (GPM) (MGD) On Use NA

If not covered above, describe additional emergency measures for providing water (obtaining bottled water, or steps to obtain National Guard services, etc.)

Allocation and Demand Reduction Procedures Complete Table 18 by adding information about how decisions will be made to allocate water and reduce demand during an emergency. Provide information for each customer category, including its priority ranking, average day demand, and demand reduction potential for each customer category. Modify the customer categories as needed, and add additional lines if necessary.

Water use categories should be prioritized in a way that is consistent with Minnesota Statutes 103G.261 (#1 is highest priority) as follows:

1. Water use for human needs such as cooking, cleaning, drinking, washing and waste disposal; use for on-farm livestock watering; and use for power production that meets contingency requirements. 2. Water use involving consumption of less than 10,000 gallons per day (usually from private wells or surface water intakes) 3. Water use for agricultural irrigation and processing of agricultural products involving consumption of more than 10,000 gallons per day (usually from private high-capacity wells or surface water intakes) 4. Water use for power production above the use provided for in the contingency plan. 5. All other water use involving consumption of more than 10,000 gallons per day. 6. Nonessential uses – car washes, golf courses, etc.

Water used for human needs at hospitals, nursing homes and similar types of facilities should be designated as a high priority to be maintained in an emergency. Lower priority uses will need to address water used for human needs at other types of facilities such as hotels, office buildings, and manufacturing plants. The volume of water and other types of water uses at these facilities must be carefully considered. After reviewing the data, common sense should dictate local allocation priorities to protect domestic requirements over certain types of economic needs. Water use for lawn sprinkling, vehicle washing, golf courses, and recreation are legislatively considered non-essential.

Table 18. Water use priorities

Customer Category Allocation Priority Average Daily Short-Term Demand (GDP) Emergency Demand Reduction Potential (GPD) Residential 1 1,073,524 140,411 Institutional 1 WITH C/I/I Commercial/Industrial/Institutional 2 1,140,438 145,363 Industrial 3 WITH C/I/I Irrigation/Non Essential 4 109,403 437,611 Wholesale 5 NA Non-Essential 6 WITH IRRIGATION TOTAL NA 2,323,364 723,385 GPD – Gallons per Day

Tip: Calculating Emergency Demand Reduction Potential The emergency demand reduction potential for all uses will typically equal the difference between maximum use (summer demand) and base use (winter demand). In extreme emergency situations, lower priority water uses must be restricted or eliminated to protect priority domestic water requirements. Emergency demand reduction potential should be based on average day demands for customer categories within each priority class. Use the tables in Part 3 on water conservation to help you determine strategies.

Complete Table 19 by selecting the triggers and actions during water supply disruption conditions.

Table 19. Emergency demand reduction conditions, triggers and actions (Select all that may apply and describe)

Emergency Triggers Short-term Actions Long-term Actions ☒ Contamination ☒ Supply augmentation through ☒ Supply augmentation through ☒ Loss of production emergency back-up wells and emergency back-up wells and ☒ Infrastructure failure interconnections interconnections ☒ Executive order by ☒ Adopt (if not already) and ☒ Adopt (if not already) and Governor enforce a critical water enforce a critical water ☒ Other: High Water deficiency ordinance to penalize deficiency ordinance to penalize lawn watering, vehicle washing, lawn watering, vehicle washing, Demand golf course and park irrigation & golf course and park irrigation & other nonessential uses. other nonessential uses. ☐ Water allocation through____ ☐ Water allocation through____ ☒ Meet with large water users to ☒ Meet with large water users to discuss their contingency plan. discuss their contingency plan.

Notification Procedures Complete Table 20 by selecting trigger for informing customers regarding conservation requests, water use restrictions, and suspensions; notification frequencies; and partners that may assist in the notification process. Add rows to the table as needed.

Table 20. Plan to inform customers regarding conservation requests, water use restrictions, and suspensions

Notification Methods (select all that apply) Update Partners Trigger(s) Frequency ☒ Short-term ☒ Website ☒ Daily – Social Police, Public Works and demand reduction ☐ Email list serve Media Code Enforcement declared (< 1 ☒ Social media (e.g. Twitter, ☒ Weekly – Departments year) Facebook) Website and ☒ Direct customer mailing, Social Media ☒ Press release (TV, radio, ☐ Monthly newspaper), ☐ Annually ☒ Meeting with large water users (> 10% of total city use) ☐ Other: ______☒ Long-term ☒ Website ☐ Daily Police, Public Works and Ongoing demand ☐ Email list serve ☒ Weekly Code Enforcement reduction ☒ Social media (e.g. Twitter, ☒ Monthly Departments declared Facebook) ☐ Annually ☒ Direct customer mailing, ☒ Press release (TV, radio, newspaper), ☒ Meeting with large water users (> 10% of total city use) ☐ Other: ______☒ Governor’s critical ☒ Website ☒ Daily Police, Public Works and water deficiency ☐ Email list serve ☒ Weekly Code Enforcement declared ☒ Social media (e.g. Twitter, ☒ Monthly Departments, MN DNR, MN Facebook) ☐ Annually Department of Health 30

Notification Methods (select all that apply) Update Partners Trigger(s) Frequency ☒ Direct customer mailing, ☒ Press release (TV, radio, newspaper), ☒ Meeting with large water users (> 10% of total city use) ☐ Other: ______

Enforcement Prior to a water emergency, municipal water suppliers must adopt regulations that restrict water use and outline the enforcement response plan. The enforcement response plan must outline how conditions will be monitored to know when enforcement actions are triggered, what enforcement tools will be used, who will be responsible for enforcement, and what timelines for corrective actions will be expected.

Affected operations, communications, and enforcement staff must then be trained to rapidly implement those provisions during emergency conditions.

Important Note:

Disregard of critical water deficiency orders, even though total appropriation remains less than permitted, is adequate grounds for immediate modification of a public water supply authority’s water use permit (2013 MN Statutes 103G.291)

Does the city have a critical water deficiency restriction/official control in place that includes provisions to restrict water use and enforce the restrictions? (This restriction may be an ordinance, rule, regulation, policy under a council directive, or other official control) Yes ☒ No ☐

If yes, attach the official control document to this WSP as Appendix 7.

If no, the municipality must adopt such an official control within 6 months of submitting this WSP and submit it to the DNR as an amendment to this WSP.

Irrespective of whether a critical water deficiency control is in place, does the public water supply utility, city manager, mayor, or emergency manager have standing authority to implement water restrictions? Yes ☒ No ☐

If yes, cite the regulatory authority reference: City Code Sec. 62-28. – Water Sprinkling Ban (Ord. No. 1240, § 1, 12-20-2010).

If no, who has authority to implement water use restrictions in an emergency?

PART 3. WATER CONSERVATION PLAN Minnesotans have historically benefited from the state’s abundant water supplies, reducing the need Priority 1: Priority 2: Slight for conservation. There are however, limits to the Significant water available supplies of water and increasing threats to water reduction, low the quality of our drinking water. Causes of water reduction; low costs (low cost hanging fruit) supply limitation may include: population increases, economic trends, uneven statewide availability of groundwater, climatic changes, and degraded water Priority 3: Slight quality. Examples of threats to drinking water quality Priority 2: water Significant reduction, include: the presence of contaminant plumes from water past land use activities, exceedances of water quality significant costs reduction; (do only if standards from natural and human sources, significant costs necessary) contaminants of emerging concern, and increasing pollutant trends from nonpoint sources.

There are many incentives for conserving water; conservation: • reduces the potential for pumping-induced transfer of contaminants into the deeper aquifers, which can add treatment costs • reduces the need for capital projects to expand system capacity • reduces the likelihood of water use conflicts, like well interference, aquatic habitat loss, and declining lake levels • conserves energy, because less energy is needed to extract, treat and distribute water (and less energy production also conserves water since water is used to produce energy) • maintains water supplies that can then be available during times of drought

It is therefore imperative that water suppliers implement water conservation plans. The first step in water conservation is identifying opportunities for behavioral or engineering changes that could be made to reduce water use by conducting a thorough analysis of: • Water use by customer • Extraction, treatment, distribution and irrigation system efficiencies • Industrial processing system efficiencies • Regulatory and barriers to conservation • Cultural barriers to conservation • Water reuse opportunities

Once accurate data is compiled, water suppliers can set achievable goals for reducing water use. A successful water conservation plan follows a logical sequence of events. The plan should address both conservation on the supply side (leak detection and repairs, metering), as well as on the demand side (reductions in usage). Implementation should be conducted in phases, starting with the most obvious and lowest-cost options. In some cases, one of the early steps will be reviewing regulatory constraints to water conservation, such as lawn irrigation requirements. Outside funding and grants may be available for implementation of projects. Engage water system operators and maintenance staff and customers in brainstorming opportunities to reduce water use. Ask the question: “How can I help save water?” Progress since 2008 Is this your community’s first Water Supply Plan? Yes ☐ No ☒

If yes, describe conservation practices that you are already implementing, such as: pricing, system improvements, education, regulation, appliance retrofitting, enforcement, etc.

If no, complete Table 21 to summarize conservation actions taken since the adoption of the 2008 water supply plan.

Table 21. Implementation of previous ten-year Conservation Plan

2008 Plan Commitments Action Taken?

Change water rates structure to provide conservation pricing ☒ Yes ☐ No

Water supply system improvements (e.g. leak repairs, valve replacements, etc.) – ☒ Yes maintenance and replacements completed annually throughout the distribution system. ☐ No Meter replacement in 2013 with a radio read meter system Educational efforts – increased literature on City website related to the City’s water ☒ Yes system for residents, conservation material on website, continue publishing of annual ☐ No Drinking Water Reports New water conservation ordinances – Sprinkling ban established on January 1, 2011 that ☒ Yes states no lawn irrigation is allowed between the hours of 10 am and 5 pm each day. ☐ No

Rebate or retrofitting Program (e.g. for toilet, faucets, appliances, showerheads, dish ☒ Yes washers, washing machines, irrigation systems, rain barrels, water softeners, etc.) ☐ No

Enforcement – water use restrictions enforced by Police, Public Works and Code ☒ Yes Enforcement Departments ☐ No

Describe other ☐ Yes ☐ No

What are the results you have seen from the actions in Table 21 and how were results measured?

Results of conservation efforts are measured based on the water demand, water losses, and peak demand trends. The residential per capita per day values, peaking factor and unaccounted for water values have each shown a downward trend since conservation efforts were implemented in 2006.

A. Triggers for Allocation and Demand Reduction Actions Complete table 22 by checking each trigger below, as appropriate, and the actions to be taken at various levels or stages of severity. Add in additional rows to the table as needed.

Table 22. Short and long-term demand reduction conditions, triggers and actions

Objective Triggers Actions Protect surface water flows – ☐ Low stream flow conditions ☐ Increase promotion of conservation Not Applicable ☐ Reports of declining measures wetland and lake levels ☐ Other: ______☐ Other: ______Short-term demand reduction ☒ Extremely high seasonal ☒ Adopt (if not already) and enforce the (less than 1 year) water demand (demand > critical water deficiency ordinance to 95% of firm well capacity restrict or prohibit lawn watering, using Wells 1, 3, 4, 8, and 9 vehicle washing, golf course and park ☐ Loss of treatment capacity irrigation & other nonessential uses. ☒ Lack of water in storage ☒ Supply augmentation through ☒ State drought plan emergency back-up wells and ☒ Well interference interconnections ☐ Other: ☐ Water allocation through______☒ Meet with large water users to discuss user’s contingency plan. Long-term demand reduction ☒ Per capita demand ☒ Develop a critical water deficiency (>1 year) increasing ordinance that is or can be quickly ☐ Total demand increase adopted to penalize lawn watering, (higher population or more vehicle washing, golf course and park industry). Water level in irrigation & other nonessential uses. well(s) below elevation of ☒ Enact a water waste ordinance that _____ targets overwatering through ☐ Other: ______negligence of known leaks, breaks, or malfunctions. ☒ Meet with large water users to discuss user’s contingency plan. ☐ Enhanced monitoring and reporting: audits, meters, billing, etc. Governor’s “Critical Water ☒ Contamination or Security ☒ Stage 1: Restrict lawn watering, vehicle Deficiency Order” declared Breach washing, golf course and park irrigation and ☒ Loss of Production or other non-essential uses. Infrastructure ☒ Stage 2: Suspend lawn watering, vehicle ☒ Water Demand High or washing, golf course and park irrigation and Groundwater Levels Low other non-essential uses. B. Conservation Objectives and Strategies – Key benchmark for DNR This section establishes water conservation objectives and strategies for eight major areas of water use.

Objective 1: Reduce Unaccounted (Non-Revenue) Water loss to Less than 10% The Minnesota Rural Water Association, the Metropolitan Council and the Department of Natural Resources recommend that all water uses be metered. Metering can help identify high use locations and times, along with leaks within buildings that have multiple meters.

It is difficult to quantify specific unmetered water use such as that associated with firefighting and system flushing or system leaks. Typically, water suppliers subtract metered water use from total water pumped to calculate unaccounted or non-revenue water loss.

Is your five-year average (2005-2014) unaccounted Water Use in Table 2 higher than 10%? The five year average in Table 2 is for the last five years of available data, or from 2013 through 2017.

Yes ☐ No ☒ - Equal to 10%

What is your leak detection monitoring schedule? (e.g. Monitor 1/3rd of the city lines per year)

Monitor all of the City each year.

Water Audits - are designed to help quantify and track water losses associated with water distribution systems and identify areas for improved efficiency and cost recovery. The American Water Works Association (AWWA) has a recommended water audit methodology which is presented in AWWA’s M36 Manual of Water Supply Practices: Water Audits and Loss Control Programs. AWWA also provides a free spreadsheet-based water audit tool that water suppliers can use to conduct their own water audits. This free water audit tool can be found on AWWA’s Water Loss Control webpage. Another resource for water audit and water loss control information is Minnesota Rural Water Association.

What is the date of your most recent water audit? ___2017____

Frequency of water audits: ☒ yearly ☐ other (specify frequency) ______Leak detection and survey: ☒ every year ☐ every other year ☐ periodic as needed Year last leak detection survey completed: 2017

If Table 2 shows annual water losses over 10% or an increasing trend over time, describe what actions will be taken to reach the <10% loss objective and within what timeframe

Water losses have been decreasing over the last 5 years. Continue to decrease annual water losses by replacement of leaking or failing water system infrastructure, continue the ongoing leak detection program, and eventually meter city-owned facilities.

Metering -AWWA recommends that every water supplier install meters to account for all water taken into its system, along with all water distributed from its system at each customer’s point of service. An effective metering program relies upon periodic performance testing, repair, maintenance or replacement of all meters. Drinking Water Revolving Loan Funds are available for purchase of new meters when new plants are built. AWWA also recommends that water suppliers conduct regular water audits to account for unmetered unbilled consumption, metered unbilled consumption and source water and customer metering inaccuracies. Some cities install separate meters for interior and exterior water use, but some research suggests that this may not result in water conservation.

Complete Table 23 by adding the requested information regarding the number, types, testing and maintenance of customer meters.

Table 23. Information about customer meters

Customer Number of Number of Number of Meter testing Average Category Customers Metered Automated intervals age/meter Connections Meter (years) replacement Readers schedule (years Residential 6342 6342 6342 As-needed 4 / 20 yrs. (as needed) Irrigation meters 75 75 75 As-needed 4 / 20 yrs. (as needed) Institutional 23 23 23 As-needed 4 / 20 yrs. (as needed) Commercial 479 479 479 As-needed 4 / 20 yrs. (as needed) Industrial 3 3 3 As-needed 4 / 20 yrs. (as needed) TOTALS 6922 6922 6922 NA NA

For unmetered systems, describe any plans to install meters or replace current meters with advanced technology meters. Provide an estimate of the cost to implement the plan and the projected water savings from implementing the plan.

Any unmetered systems discovered will be addressed, as needed.

Table 24. Water source meters

Number of Meter testing Number of Automated Average age/meter Meters schedule Meter Readers replacement schedule (years (years) Water source 8 5 8 2/ as needed (wells/intakes) Treatment plant NA NA ___ / ___

Objective 2: Achieve Less than 75 Residential Gallons per Capita Demand (GPCD) The 2002 average residential per capita demand in the Twin Cities Metropolitan area was 75 gallons per capita per day.

Is your average 2010-2015 residential per capita water demand in Table 2 more than 75? The five-year average in Table 2 is for the last five years of available data, or from 2013 through 2017. Yes ☐ No ☒

What was your 2010 – 2015 five-year average residential per capita water demand? The five-year average in Table 2 is for the last five years of available data, or from 2013 through 2017.

49 g/person/day

Describe the water use trend over that timeframe:

From 2013 to 2017, the average residential per capita water demand decreased from 54 to 46 gpcd. The peak within the last five years occurred in 2013 and decreased annually from 2013 to 2017. The 2017 residential per capita demand is the lowest reported value from 2008 to 2017.

Complete Table 25 by checking which strategies you will use to continue reducing residential per capita demand and project a likely timeframe for completing each checked strategy (Select all that apply and add rows for additional strategies):

Table 25. Strategies and timeframe to reduce residential per capita demand

Strategy to reduce residential per capita demand Timeframe for completing work ☐ Revise city ordinances/codes to encourage or require water efficient landscaping. ☒ Use MN Plumbing Code to permit allowable water reuse The most recent MN plumbing code has options, especially for non-potable purposes like irrigation, already recognized the need for use of water groundwater recharge, and industrial use. Check with harvesting and have included some new codes plumbing authority to see if internal buildings reuse is so that it may be more acceptable to allow for permitted these types of systems. Potable and Non- potable Water Systems recognized in the Minnesota Plumbing Code and have some provisions for alternate water sources. ☒ Revise ordinances to limit irrigation. Describe the restricted Already in place. Water use for lawn watering irrigation plan: is prohibited from 10 am to 5 pm for all customers each day.

☐ Revise outdoor irrigation installations codes to require high efficiency systems (e.g. those with soil moisture sensors or programmable watering areas) in new installations or system replacements. ☒ Make water system infrastructure improvements Continue leak detection program, replace aging infrastructure, meter city-owned facilities ☒ Offer free or reduced cost water use audits) for residential As needed, based on request. customers. ☒ Implement a notification system to inform customers when The City will continue to utilize the City water availability conditions change. website or social media or other various communication methods to relay this information to customers. ☒ Provide rebates or incentives for installing water efficient Planned for 2018 and 2019. appliances and/or fixtures indoors (e.g., low flow toilets, high efficiency dish washers and washing machines, showerhead and faucet aerators, water softeners, etc.) ☒ Provide rebates or incentives to reduce outdoor water use Planned for 2018, 2019, 2020. (e.g., rain gardens, rain barrels, smart irrigation) ☐ Identify supplemental Water Resources ☒ Conduct audience-appropriate water conservation education The City has been performing this strategy and outreach. through various means and will continue. ☐ Describe other plans

Objective 3: Achieve at least 1.5% annual reduction in non-residential per capita water use

(For each of the next ten years, or a 15% total reduction over ten years.) This includes commercial, institutional, industrial and agricultural water users.

Complete Table 26 by checking which strategies you will used to continue reducing non-residential customer use demand and project a likely timeframe for completing each checked strategy (add rows for additional strategies).

Where possible, substitute recycled water used in one process for reuse in another. (For example, spent rinse water can often be reused in a cooling tower.) Keep in mind the true cost of water is the amount on the water bill PLUS the expenses to heat, cool, treat, pump, and dispose of/discharge the water. Don’t just calculate the initial investment. Many conservation retrofits that appear to be prohibitively expensive are actually very cost-effective when amortized over the life of the equipment. Often reducing water use also saves electrical and other utility costs. Note: as of 2015, water reuse, and is not allowed by the state plumbing code, M.R. 4715 (a variance is needed). However, several state agencies are addressing this issue.

Table 26. Strategies and timeframe to reduce institutional, commercial industrial, and agricultural and non-revenue use demand

Strategy to reduce total business, industry, agricultural demand Timeframe for completing work ☐ Conduct a facility water use audit for both indoor and outdoor use, including system components ☒ Install enhanced meters capable of automated readings to All meters are smart meters. detect spikes in consumption ☐ Compare facility water use to related industry benchmarks, if available (e.g., meat processing, dairy, fruit and vegetable, beverage, textiles, paper/pulp, metals, technology, petroleum refining etc.) ☐ Install water conservation fixtures and appliances or change processes to conserve water ☐ Repair leaking system components (e.g., pipes, valves) ☐ Investigate the reuse of reclaimed water (e.g., stormwater, wastewater effluent, process wastewater, etc.) ☐ Reduce outdoor water use (e.g., turf replacement/reduction, rain gardens, rain barrels, smart irrigation, outdoor water use meters, etc.) ☐ Train employees how to conserve water ☒ Implement a notification system to inform non-residential Ongoing through City website and other customers when water availability conditions change. notification methods. ☐ Nonpotable rainwater catchment systems intended to supply uses such as water closets, urinals, trap primers for floor drains and floor sinks, industrial processes, water features, vehicle washing facilities, cooling tower makeup, and similar uses shall be approved by the commissioner. Plumbing code 4714.1702, Published October 31, 2016 ☐ Describe other plans:

Objective 4: Achieve a Decreasing Trend in Total Per Capita Demand

Include as Appendix 8 one graph showing total per capita water demand for each customer category (i.e., residential, institutional, commercial, industrial) from 2005-2014 and add the calculated/estimated linear trend for the next 10 years.

Describe the trend for each customer category; explain the reason(s) for the trends, and where trends are increasing.

The per capita residential and commercial/industrial/institutional (C/I/I) demands and thus the total per capita demand have been trending downwards. The residential demand has ranged from 57 gpcd in 2008 to 46 gpcd in 2017. The C/I/I demand has ranged from 65 gpcd in 2008 to 48 gpcd in 2017. A downward trend is expected to continue at a slower rate.

The downward trend is due to the City’s commitment and focus on water conservation efforts. In addition, some of the reduction in C/I/I per capita demand, is related to a reduction in commercial/industrial customers.

Objective 5: Reduce Ratio of Maximum day (peak day) to the Average Day Demand to Less Than 2.6

Is the ratio of average 2008-2017 maximum day demand to average 2008-2017 average day demand reported in Table 2 more than 2.6? Yes ☐ No ☒

Calculate a ten-year average (2008 – 2017) of the ratio of maximum day demand to average day demand: 1.6

The position of the DNR has been that a peak day/average day ratio that is above 2.6 for in summer indicates that the water being used for irrigation by the residents in a community is too large and that efforts should be made to reduce the peak day use by the community.

It should be noted that by reducing the peak day use, communities can also reduce the amount of infrastructure that is required to meet the peak day use. This infrastructure includes new wells, new water towers which can be costly items.

Objective 6: Implement Demand Reduction Measures

Water Conservation Program Municipal water suppliers serving over 1,000 people are required to adopt demand reduction measures that include a conservation rate structure, or a uniform rate structure with a conservation program that achieves demand reduction. These measures must achieve demand reduction in ways that reduce water demand, water losses, peak water demands, and nonessential water uses. These measures must be approved before a community may request well construction approval from the Department of Health or before requesting an increase in water appropriations permit volume (Minnesota Statutes, section 103G.291, subd. 3 and 4). Rates should be adjusted on a regular basis to ensure that revenue of the system is adequate under reduced demand scenarios. If a municipal water supplier intends to use a

Uniform Rate Structure, a community-wide Water Conservation Program that will achieve demand reduction must be provided.

Current Water Rates Include a copy of the actual rate structure in Appendix 9 or list current water rates including base/service fees and volume charges below.

Volume included in base rate or service charge: 5000 gallons or ____ cubic feet ___ other

Frequency of billing: ☐ Monthly - ☐ Bimonthly ☒ Quarterly ☐ Other: ______

Water Rate Evaluation Frequency: ☒ every year ☐ every ___ years ☐ no schedule

Date of last rate change: 2017/2018 Rates adopted December 4, 2017

Table 27. Rate structures for each customer category (Select all that apply and add additional rows as needed)

Customer Conservation Billing Strategies Conservation Neutral Non-Conserving Billing Category in Use * Billing Strategies in Use ** Strategies in Use *** Residential ☐ Monthly billing ☐ Uniform ☐ Service charge based on water ☒ Increasing block rates ☐ Odd/even day watering volume (volume tiered rates) ☐ Declining block ☐ Seasonal rates ☐ Flat ☐ Time of use rates ☐ Other (describe) ☒ Water bills reported in gallons ☐ Individualized goal rates ☐ Excess use rates ☐ Drought surcharge ☐ Use water bill to provide comparisons ☒ Service charge not based on water volume ☐ Other (describe) Commercial/ ☐ Monthly billing ☐ Uniform ☐ Service charge based on water Industrial/ ☒ Increasing block rates volume Institutional (volume tiered rates) ☐ Declining block ☐ Seasonal rates ☐ Flat ☐ Time of use rates ☐ Other (describe) ☒ Water bills reported in gallons ☐ Individualized goal rates ☐ Excess use rates ☐ Drought surcharge ☐ Use water bill to provide comparisons ☒ Service charge not based on water volume ☐ Other (describe) ☐ Other

* Rate Structures components that may promote water conservation: • Monthly billing: is encouraged to help people see their water usage so they can consider changing behavior. • Increasing block rates (also known as a tiered residential rate structure): Typically, these have at least three tiers: should have at least three tiers. o The first tier is for the winter average water use. o The second tier is the year-round average use, which is lower than typical summer use. This rate should be set to cover the full cost of service. o The third tier should be above the average annual use and should be priced high enough to encourage conservation, as should any higher tiers. For this to be effective, the difference in block rates should be significant. • Seasonal rate: higher rates in summer to reduce peak demands • Time of Use rates: lower rates for off peak water use • Bill water use in gallons: this allows customers to compare their use to average rates • Individualized goal rates: typically used for industry, business or other large water users to promote water conservation if they keep within agreed upon goals. Excess Use rates: if water use goes above an agreed upon amount this higher rate is charged • Drought surcharge: an extra fee is charged for guaranteed water use during drought • Use water bill to provide comparisons: simple graphics comparing individual use over time or compare individual use to others. • Service charge or base fee that does not include a water volume – a base charge or fee to cover universal city expenses that are not customer dependent and/or to provide minimal water at a lower rate (e.g., an amount less than the average residential per capita demand for the water supplier for the last 5 years) • Emergency rates -A community may have a separate conservation rate that only goes into effect when the community or governor declares a drought emergency. These higher rates can help to protect the city budgets during times of significantly less water usage.

**Conservation Neutral** • Uniform rate: rate per unit used is the same regardless of the volume used • Odd/even day watering –This approach reduces peak demand on a daily basis for system operation, but it does not reduce overall water use.

*** Non-Conserving *** • Service charge or base fee with water volume: an amount of water larger than the average residential per capita demand for the water supplier for the last 5 years • Declining block rate: the rate per unit used decreases as water use increases. • Flat rate: one fee regardless of how much water is used (usually unmetered).

Provide justification for any conservation neutral or non-conserving rate structures. If intending to adopt a conservation rate structure, include the timeframe to do so:

Objective 7: Additional strategies to Reduce Water Use and Support Wellhead Protection Planning Development and redevelopment projects can provide additional water conservation opportunities, such as the actions listed below. If a Uniform Rate Structure is in place, the water supplier must provide a Water Conservation Program that includes at least two of the actions listed below. Check those actions that you intent to implement within the next 10 years.

Table 28. Additional strategies to Reduce Water Use & Support Wellhead Protection

☒ Participate in the GreenStep Cities Program, including implementation of at least one of the 20 “Best Practices” for water – City Resolution to participate adopted in April 2016 ☒ Prepare a master plan for smart growth (compact urban growth that avoids sprawl) ☒ Prepare a comprehensive open space plan (areas for parks, green spaces, natural areas) ☒ Adopt a water use restriction ordinance (lawn irrigation, car washing, pools, etc.) ☒ Adopt an outdoor lawn irrigation ordinance ☒ Adopt a private well ordinance (private wells in a city must comply with water restrictions) ☒ Implement a stormwater management program ☐ Adopt non-zoning wetlands ordinance (can further protect wetlands beyond state/federal laws- for vernal pools, buffer areas, restrictions on filling or alterations) ☐ Adopt a water offset program (primarily for new development or expansion) ☒ Implement a water conservation outreach program ☐ Hire a water conservation coordinator (part-time) ☒ Implement a rebate program for water efficient appliances, fixtures, or outdoor water management ☐ Other

Objective 8: Tracking Success: How will you track or measure success through the next ten years? The City will develop a task list that includes dates that each water conservation task should be accomplished and track progress. In addition, the City will meet with the DNR Hydrologist as described below and discuss water conservation activities, and trends in residential and total per capita water use, business and industrial use and any recommended adjustments to the conservation plan.

Tip: The process to monitor demand reduction and/or a rate structure includes: a) The DNR Hydrologist will call or visit the community the first 1-3 years after the water supply plan is completed. b) They will discuss what activities the community is doing to conserve water and if they feel their actions are successful. The Water Supply Plan, Part 3 tables and responses will guide the discussion. For example, they will discuss efforts to reduce unaccounted for water loss if that is a problem, or go through Tables 33, 34 and 35 to discuss new initiatives. c) The city representative and the hydrologist will discuss total per capita water use, residential per capita water use, and business/industry use. They will note trends. d) They will also discuss options for improvement and/or collect case studies of success stories to share with other communities. One option may be to change the rate structure, but there are many other paths to successful water conservation. e) If appropriate, they will cooperatively develop a simple work plan for the next few years, targeting a couple areas where the city might focus efforts.

C. Regulation Complete Table 29 by selecting which regulations are used to reduce demand and improve water efficiencies. Add additional rows as needed.

Copies of adopted regulations or proposed restrictions or should be included in Appendix 10 (a list with hyperlinks is acceptable).

Table 29. Regulations for short-term reductions in demand and long-term improvements in water efficiencies

Regulations Utilized When is it applied (in effect)? ☒ Rainfall sensors required on landscape irrigation systems ☒ Ongoing ☐ Seasonal ☐ Only during declared Emergencies ☒ Water efficient plumbing fixtures required ☒ New development ☐ Replacement ☐ Rebate Programs ☒ Critical/Emergency Water Deficiency ordinance ☒ Only during declared Emergencies ☒ Watering restriction requirements (time of day, allowable days, etc.) ☐ Odd/even ☒ Time of day. No watering between 10 AM and 5 PM. ☐ Only during declared Emergencies ☐ Water waste prohibited (for example, having a fine for irrigators ☐ Ongoing spraying on the street) ☐ Seasonal ☐ Only during declared Emergencies ☐ Limitations on turf areas (requiring lots to have 10% - 25% of the ☐ New development space in natural areas) ☐ Shoreland/zoning ☐ Other ☐ Soil preparation requirement s (after construction, requiring topsoil ☐ New Development to be applied to promote good root growth) ☐ Construction Projects ☐ Other ☐ Tree ratios (requiring a certain number of trees per square foot of ☐ New development lawn) ☐ Shoreland/zoning ☐ Other ☐ Permit to fill swimming pool and/or requiring pools to be covered (to ☐ Ongoing prevent evaporation) ☐ Seasonal ☐ Only during declared Emergencies ☐ Ordinances that permit stormwater irrigation, reuse of water, or ☐ Describe other alternative water use (Note: be sure to check current plumbing codes for updates) D. Retrofitting Programs Education and incentive programs aimed at replacing inefficient plumbing fixtures and appliances can help reduce per capita water use, as well as energy costs. It is recommended that municipal water suppliers develop a long-term plan to retrofit public buildings with water efficient plumbing fixtures and appliances. Some water suppliers have developed partnerships with organizations having similar conservation goals, such as electric or gas suppliers, to develop cooperative rebate and retrofit programs.

A study by the AWWA Research Foundation (Residential End Uses of Water, 1999) found that the average indoor water use for a non-conserving home is 69.3 gallons per capita per day (gpcd). The average indoor water use in a conserving home is 45.2 gpcd and most of the decrease in water use is

related to water efficient plumbing fixtures and appliances that can reduce water, sewer and energy costs. In Minnesota, certain electric and gas providers are required (Minnesota Statute 216B.241) to fund programs that will conserve energy resources and some utilities have distributed water efficient showerheads to customers to help reduce energy demands required to supply hot water.

Retrofitting Programs Complete Table 30 by checking which water uses are targeted, the outreach methods used, the measures used to identify success, and any participating partners.

Table 30. Retrofitting programs (Select all that apply)

Water Use Targets Outreach Methods Partners ☒ Low flush toilets, ☒ Education about ☐ Gas company ☒ Toilet leak tablets, ☐ Free distribution of ☐ Electric company ☒ Low flow showerheads, ☒ Rebate for all listed ☐ Watershed organization ☒ Faucet aerators; ☐ Other ☐ Water conserving washing machines, ☐ Education about ☐ Gas company ☐ Dish washers, ☐ Free distribution of ☐ Electric company ☐ Water softeners; ☐ Rebate for ☐ Watershed organization ☐ Other ☒ Rain gardens, ☒ Education about ☐ Gas company ☒ Rain barrels, ☐ Free distribution of ☐ Electric company ☒ Native/drought tolerant landscaping, etc. ☒ Rebate for all listed ☒ Watershed organization ☐ Other

Briefly discuss measures of success from the above table (e.g. number of items distributed, dollar value of rebates, gallons of water conserved, etc.):

$660,000 is planned for retrofitting programs in 2018 and 2019.

E. Education and Information Programs Customer education should take place in three different circumstances. First, customers should be provided information on how to conserve water and improve water use efficiencies. Second, information should be provided at appropriate times to address peak demands. Third, emergency notices and educational materials about how to reduce water use should be available for quick distribution during an emergency.

Proposed Education Programs Complete Table 31 by selecting which methods are used to provide water conservation and information, including the frequency of program components. Select all that apply and add additional lines as needed.

Table 31. Current and Proposed Education Programs

Education Methods General summary of #/Year Frequency topics Billing inserts or tips printed on the actual bill Conservation measures & as- ☐ Ongoing other pertinent items needed ☒ Seasonal ☐ Only during declared emergencies Consumer Confidence Reports Consumer Confidence 1 ☒ Ongoing Reports are required to be ☐ Seasonal submitted annually ☐ Only during declared emergencies Press releases to traditional local news Conservation measures & as- ☒ Ongoing outlets (e.g., newspapers, radio and TV) other pertinent items are needed ☐ Seasonal released on local ☐ Only during newspaper and declared emergencies community newsletters as necessary. Social media distribution (e.g., emails, Conservation measures & as- ☒ Ongoing Facebook, Twitter) other pertinent items as needed ☐ Seasonal necessary. ☐ Only during declared emergencies Paid advertisements (e.g., billboards, print ☐ Ongoing media, TV, radio, web sites, etc.) ☐ Seasonal ☐ Only during declared emergencies Presentations to community groups Conservation measures & As ☒ Ongoing other pertinent items request ☐ Seasonal ed ☐ Only during declared emergencies Staff training Conservation techniques as- ☒ Ongoing & other pertinent items needed ☐ Seasonal ☐ Only during declared emergencies Facility tours Water facility tours As ☒ Ongoing request ☐ Seasonal ed ☐ Only during declared emergencies Displays and exhibits ☐ Ongoing ☐ Seasonal ☐ Only during declared emergencies Marketing rebate programs (e.g., indoor The 2018 & 2019 rebate 1 or ☒ Ongoing fixtures & appliances and outdoor practices) program will be advertised more ☐ Seasonal on multiple mailing or per year ☐ Only during social media methods declared emergencies Community news letters Consumer Confidence as- ☒ Ongoing Report and Conservation needed ☐ Seasonal & other pertinent items ☐ Only during declared emergencies

Education Methods General summary of #/Year Frequency topics Direct mailings (water audit/retrofit kits, Conservation measures & as- ☒ Ongoing showerheads, brochures) other pertinent items needed ☐ Seasonal ☐ Only during declared emergencies Information kiosk at utility and public ☐ Ongoing buildings ☐ Seasonal ☐ Only during declared emergencies Public service announcements ☐ Ongoing ☐ Seasonal ☐ Only during declared emergencies Cable TV Programs Conservation measures as- ☒ Ongoing & other pertinent items needed ☐ Seasonal ☐ Only during declared emergencies Demonstration projects (landscaping or ☐ Ongoing plumbing) ☐ Seasonal ☐ Only during declared emergencies K-12 education programs (Project Wet, Various presentations on As ☐ Ongoing Drinking Water Institute, presentations) water and conservation at request ☒ Seasonal schools ed ☐ Only during declared emergencies Community events (children’s water festivals, ☐ Ongoing environmental fairs) ☐ Seasonal ☐ Only during declared emergencies Community education classes Water Utility, As ☒ Ongoing Conservation & other request ☐ Seasonal pertinent items ed ☐ Only during declared emergencies Water week promotions ☐ Ongoing ☐ Seasonal ☐ Only during declared emergencies Website (include address: ) Conservation & other as- ☒ Ongoing pertinent items needed ☐ Seasonal ☐ Only during declared emergencies Targeted efforts (large volume users, users ☐ Ongoing with large increases) ☐ Seasonal ☐ Only during declared emergencies Notices of ordinances Ordinance information as- ☒ Ongoing needed ☐ Seasonal ☐ Only during declared emergencies 46

Education Methods General summary of #/Year Frequency topics Emergency conservation notices Mandatory restrictions as- ☐ Ongoing due to production issue. needed ☐ Seasonal ☒ Only during declared emergencies Other: ☐ Ongoing ☐ Seasonal ☐ Only during declared emergencies

Briefly discuss what future education and information activities your community is considering in the future:

The City plans to participate in outreach efforts such as consumer confidence reports, billing inserts, social media distribution, presentation to community groups and schools, & facility tours. In addition, the City plans on-going staff training on conservation techniques.

PART 4. ITEMS FOR METROPOLITAN AREA COMMUNITIES Minnesota Statute 473.859 requires WSPs to be completed for all local units of government in the seven-county Metropolitan Area as part of the local comprehensive planning process.

Much of the information in Parts 1-3 addresses water demand for the next 10 years. However, additional information is needed to address water demand through 2040, which will make the WSP consistent with the Metropolitan Land Use Planning Act, upon which the local comprehensive plans are based.

This Part 4 provides guidance to complete the WSP in a way that addresses plans for water supply through 2040.

A. Water Demand Projections through 2040 Complete Table 7 in Part 1D by filling in information about long-term water demand projections through 2040. Total Community Population projections should be consistent with the community’s system statement, which can be found on the Metropolitan Council’s website and which was sent to the community in September 2015.

Projected Average Day, Maximum Day, and Annual Water Demands may either be calculated using the method outlined in Appendix 2 of the 2015 Master Water Supply Plan or by a method developed by the individual water supplier.

B. Potential Water Supply Issues Complete Table 10 in Part 1E by providing information about the potential water supply issues in your community, including those that might occur due to 2040 projected water use.

The Master Water Supply Plan provides information about potential issues for your community in Appendix 1 (Water Supply Profiles). This resource may be useful in completing Table 10.

You may document results of local work done to evaluate impact of planned uses by attaching a feasibility assessment or providing a citation and link to where the plan is available electronically.

C. Proposed Alternative Approaches to Meet Extended Water Demand Projections Complete Table 12 in Part 1F with information about potential water supply infrastructure impacts (such as replacements, expansions or additions to wells/intakes, water storage and treatment capacity, distribution systems, and emergency interconnections) of extended plans for development and redevelopment, in 10-year increments through 2040. It may be useful to refer to information in the community’s local Land Use Plan, if available.

Complete Table 14 in Part 1F by checking each approach your community is considering to meet future demand. For each approach your community is considering, provide information about the amount of

future water demand to be met using that approach, the timeframe to implement the approach, potential partners, and current understanding of the key benefits and challenges of the approach.

As challenges are being discussed, consider the need for: evaluation of geologic conditions (mapping, aquifer tests, modeling), identification of areas where domestic wells could be impacted, measurement and analysis of water levels & pumping rates, triggers & associated actions to protect water levels, etc.

D. Value-Added Water Supply Planning Efforts (Optional) The following information is not required to be completed as part of the local water supply plan, but completing this can help strengthen source water protection throughout the region and help Metropolitan Council and partners in the region to better support local efforts.

Source Water Protection Strategies Does a Drinking Water Supply Management Area for a neighboring public water supplier overlap your community? Yes ☒ No ☐

If you answered no, skip this section. If you answered yes, please complete Table 32 with information about new water demand or land use planning-related local controls that are being considered to provide additional protection in this area.

Table 32. Local controls and schedule to protect Drinking Water Supply Management Areas

Local Control Schedule to Potential Partners Implement ☐ None at this time ☒ Comprehensive planning that guides development in On-going City of Inver Grove vulnerable drinking water supply management areas Heights ☐ Zoning overlay ☐ Other:

Technical assistance From your community’s perspective, what are the most important topics for the Metropolitan Council to address, guided by the region’s Metropolitan Area Water Supply Advisory Committee and Technical Advisory Committee, as part of its ongoing water supply planning role?

☐ Coordination of state, regional and local water supply planning roles ☐ Regional water use goals ☐ Water use reporting standards ☒ Regional and sub-regional partnership opportunities ☐ Identifying and prioritizing data gaps and input for regional and sub-regional analyses ☐ Others: ______

GLOSSARY Agricultural/Irrigation Water Use - Water used for crop and non-crop irrigation, livestock watering, chemigation, golf course irrigation, landscape and athletic field irrigation. Average Daily Demand - The total water pumped during the year divided by 365 days. Calcareous Fen - Calcareous fens are rare and distinctive wetlands dependent on a constant supply of cold groundwater. Because they are dependent on groundwater and are one of the rarest natural communities in the United States, they are a protected resource in MN. Approximately 200 have been located in Minnesota. They may not be filled, drained or otherwise degraded. Commercial/Institutional Water Use - Water used by motels, hotels, restaurants, office buildings, commercial facilities and institutions (both civilian and military). Consider maintaining separate institutional water use records for emergency planning and allocation purposes. Water used by multi-family dwellings, apartment buildings, senior housing complexes, and mobile home parks should be reported as Residential Water Use. Commercial/Institutional/Industrial (C/I/I) Water Sold - The sum of water delivered for commercial/institutional or industrial purposes. Conservation Rate Structure - A rate structure that encourages conservation and may include increasing block rates, seasonal rates, time of use rates, individualized goal rates, or excess use rates. If a conservation rate is applied to multifamily dwellings, the rate structure must consider each residential unit as an individual user. A community may have a separate conservation rate that only goes into effect when the community or governor declares a drought emergency. These higher rates can help to protect the city budgets during times of significantly less water usage. Date of Maximum Daily Demand - The date of the maximum (highest) water demand. Typically this is a day in July or August. Declining Rate Structure - Under a declining block rate structure, a consumer pays less per additional unit of water as usage increases. This rate structure does not promote water conservation. Distribution System - Water distribution systems consist of an interconnected series of pipes, valves, storage facilities (water tanks, water towers, reservoirs), water purification facilities, pumping stations, flushing hydrants, and components that convey drinking water and meeting fire protection needs for cities, homes, schools, hospitals, businesses, industries and other facilities. Flat Rate Structure - Flat fee rates do not vary by customer characteristics or water usage. This rate structure does not promote water conservation. Industrial Water Use - Water used for thermonuclear power (electric utility generation) and other industrial use such as steel, chemical and allied products, paper and allied products, mining, and petroleum refining. Low Flow Fixtures/Appliances - Plumbing fixtures and appliances that significantly reduce the amount of water released per use are labeled “low flow”. These fixtures and appliances use just enough water to be effective, saving excess, clean drinking water that usually goes down the drain. Maximum Daily Demand - The maximum (highest) amount of water used in one day. Metered Residential Connections - The number of residential connections to the water system that have meters. For multifamily dwellings, report each residential unit as an individual user. Percent Unmetered/Unaccounted For - Unaccounted for water use is the volume of water withdrawn from all sources minus the volume of water delivered. This value represents water “lost” by miscalculated water use due to inaccurate meters, water lost through leaks, or water that is used but unmetered or otherwise undocumented. Water used for public services such as hydrant flushing, ice skating rinks, and public swimming pools should be reported under the category “Water Supplier Services”.

Population Served - The number of people who are served by the community’s public water supply system. This includes the number of people in the community who are connected to the public water supply system, as well as people in neighboring communities who use water supplied by the community’s public water supply system. It should not include residents in the community who have private wells or get their water from neighboring water supply. Residential Connections - The total number of residential connections to the water system. For multifamily dwellings, report each residential unit as an individual user. Residential Per Capita Demand - The total residential water delivered during the year divided by the population served divided by 365 days. Residential Water Use - Water used for normal household purposes such as drinking, food preparation, bathing, washing clothes and dishes, flushing toilets, and watering lawns and gardens. Should include all water delivered to single family private residences, multi-family dwellings, apartment buildings, senior housing complexes, mobile home parks, etc. Smart Meter - Smart meters can be used by municipalities or by individual homeowners. Smart metering generally indicates the presence of one or more of the following: • Smart irrigation water meters are controllers that look at factors such as weather, soil, slope, etc. and adjust watering time up or down based on data. Smart controllers in a typical summer will reduce water use by 30%-50%. Just changing the spray nozzle to new efficient models can reduce water use by 40%. • Smart Meters on customer premises that measure consumption during specific time periods and communicate it to the utility, often on a daily basis. • A communication channel that permits the utility, at a minimum, to obtain meter reads on demand, to ascertain whether water has recently been flowing through the meter and onto the premises, and to issue commands to the meter to perform specific tasks such as disconnecting or restricting water flow. Total Connections - The number of connections to the public water supply system. Total Per Capita Demand - The total amount of water withdrawn from all water supply sources during the year divided by the population served divided by 365 days. Total Water Pumped - The cumulative amount of water withdrawn from all water supply sources during the year. Total Water Delivered - The sum of residential, commercial, industrial, institutional, water supplier services, wholesale and other water delivered. Ultimate (Full Build-Out) - Time period representing the community’s estimated total amount and location of potential development, or when the community is fully built out at the final planned density. Unaccounted (Non-revenue) Loss - See definitions for “percent unmetered/unaccounted for loss”. Uniform Rate Structure - A uniform rate structure charges the same price-per-unit for water usage beyond the fixed customer charge, which covers some fixed costs. The rate sends a price signal to the customer because the water bill will vary by usage. Uniform rates by class charge the same price-per-unit for all customers within a customer class (e.g. residential or non-residential). This price structure is generally considered less effective in encouraging water conservation. Water Supplier Services - Water used for public services such as hydrant flushing, ice skating rinks, public swimming pools, city park irrigation, back-flushing at water treatment facilities, and/or other uses. Water Used for Nonessential Purposes - Water used for lawn irrigation, golf course and park irrigation, car washes, ornamental fountains, and other non-essential uses. Wholesale Deliveries - The amount of water delivered in bulk to other public water suppliers.

Acronyms and Initialisms AWWA – American Water Works Association MG – Million gallons C/I/I – Commercial/Institutional/Industrial MGL – Maximum Contaminant Level CIP – Capital Improvement Plan MnTAP – Minnesota Technical Assistance Program GIS – Geographic Information System (University of Minnesota) GPCD – Gallons per capita per day MPARS – MN/DNR Permitting and Reporting System GWMA – Groundwater Management Area – North (new electronic permitting system) and East Metro, Straight River, Bonanza, MRWA – Minnesota Rural Waters Association MDH – Minnesota Department of Health SWP – Source Water Protection MGD – Million gallons per day WHP – Wellhead Protection

APPENDICES TO BE SUBMITTED BY THE WATER SUPPLIER Appendix 1: Well records and maintenance summaries Go to Part 1C for information on what to include in appendix Appendix 2: Water level monitoring plan Go to Part 1E for information on what to include in appendix Appendix 3: Water level graphs for each water supply well Go to Part 1E for information on what to include in appendix Appendix 4: Capital Improvement Plan Go to Part 1E for information on what to include in appendix Appendix 5: Emergency Telephone List Go to Part 2C for information on what to include in appendix Appendix 6: Cooperative Agreements for Emergency Services Go to Part 2C for information on what to include in appendix Appendix 7: Municipal Critical Water Deficiency Ordinance Go to Part 2C for information on what to include in appendix Appendix 8: Graph of Ten Years of Annual Per Capita Water Demand for Each Customer Category Go to Objective 4 in Part 3B for information on what to include in appendix Appendix 9: Water Rate Structure Go to Objective 6 in Part 3B for information on what to include in appendix Appendix 10: Ordinances or Regulations Related to Water Use Go to Objective 7 in Part 3B for information on what to include in appendix Appendix 11: Implementation Checklist Provide a table that summarizes all the actions that the public water supplier is doing, or proposes to do, with estimated implementation dates. Appendix 12: Sources of Information for Table 10 Provide links or references to the information used to complete Table 10. If the file size is reasonable, provide source information as attachments to the plan.

Ecological and Water Resources 1200 Warner Road St. Paul, MN 55106

August 24, 2020

Chris Hartzell, City Engineer City of South Saint Paul 125 – 3rd Avenue North South Saint Paul, MN 55075

RE: Water Supply Plan Approval, City of South Saint Paul Appropriation Permit No. 1974-5168

Dear Mr. Hartzell:

In accordance with Minnesota Statutes, Section 103G.291, Subdivision 3, and on behalf of the Commissioner of the DNR, I hereby approve your Water Supply Plan that was submitted to the DNR on July 24, 2020.

Please complete the following action items to complete the water supply planning process:

Certificate of Adoption

We encourage the City of South Saint Paul to complete the attached "Certification of Adoption" form. Please upload the form to MPARS as an attachment as soon as the City officially adopts the Plan.

DNR and Metropolitan Council Comments

Attached to this letter is a copy of a Water Supply Plan review checklist containing comments by both the DNR and the Metropolitan Council. These comments should be used to improve the management of the City of South Saint Paul water supply system and improve the next City of South Saint Paul Water Supply Plan.

The Metropolitan Council has requested that the following comments be sent to City of South Saint Paul.

 The City of South Saint Paul’s water supply fulfills the minimum water supply requirements for the comprehensive plan, and the Council commends the City of South Saint Paul for its commitment to sustainable water supply planning.

 If changes are made to this water supply plan resulting from the DNR’s review of the plan, or from changes during the full comprehensive plan update – such as changes to forecasts - the City of South Saint Paul will need to provide the Metropolitan Council and DNR with the updated information when it submits its 2018 comprehensive plan.

 Within 30 days following the adoption of the City of South Saint Paul’s local comprehensive plan, of which this local water supply plan is a part, please adopt and submit copies of the local controls identified in the water supply plan to the Metropolitan Council, as required by Minnesota Statutes 473.865.

 If your city has any question about the Council’s review comments or process, please feel free to contact Ali Elhassan at (651) 602-1066 or Brian Davis at (651) 602-1519.

Monitoring

The DNR is pleased to see that City of South Saint Paul is planning to convert Well #2 (Unique Well Number 201153) into a dedicated water level monitoring well. It is expected that this conversion will occur before the City of South Saint Paul constructs a new water supply well.

The DNR is also pleased that the City of South Saint Paul will to measure the water elevations in their production wells by hand on at least a quarterly basis, and collect hourly water levels using the SCADA system. Please submit the water level information to the DNR on an annual basis along with your water use report. The City of South Saint Paul may submit the water level data on a more frequent basis, if the Excel file are too large to easily use. The DNR requests that the water level information be submitted to the DNR at: [email protected] using the Ground Water Level Monitoring Spreadsheet (available on the DNR Water Appropriations webpage) on an annual basis.

The ordinance that was submitted as the City of South Paul Critical Water Deficiency Ordinance in Appendix 7 of the draft water supply plan does not meet the requirements for a Critical Water Deficiency Ordinance. Attached to this letter is a model Critical Water Deficiency Ordinance that was compiled by the League of Minnesota Cities and the Minnesota Rural Water Association. The City of South Saint Paul is required to adopt a Critical Water Deficiency Ordinance within six months of the approval of the City of South Saint Paul water supply plan.

Thank you for your efforts in planning for the future of the City of South Saint Paul water supply and for conserving the water resources of the State of Minnesota. If you have any questions or need additional assistance with the City's water appropriation permit, please contact me at (651) 259 - 5877.

Sincerely,

Joe Richter District Appropriations Hydrologist Minnesota Department of Natural Resources [email protected]

CC: Sara Mielke, DNR Groundwater Hydrologist Deb Krier, Lee Elfering, City of South Saint Paul Raya Esmaeili, Metropolitan Council Reviews Coordinator Ali Elhassan, Metropolitan Council Carmelita Nelson, DNR Water Supply Plan Coordinator Jeanne Daniels, EWR South District Manager Jack Gleason, EWR Hydrologist Supervisor Taylor Huinker, EWR Area Hydrologist

Equal Opportunity Employer

CERTIFICATE OF ADOPTION WATER SUPPLY PLAN

City or Water System Name:

Name of Person Authorized to Sign Certificate on Behalf of the System:

Title:

Address:

Telephone:

E-mail:

I certify that the Water Supply Plan approved by the Department of Natural Resources has been adopted by the city council or utility board that has authority over water supply services.

Signed: Date:

Submit Certificate of Adoption through MPARS Or mail this certificate to: DNR Waters Water Permit Program Supervisor 500 Lafayette Road St. Paul, MN 55155-4032

9/6/17

Local Water Supply Plan Approval Checklist 2016-2018 Formerly called Water Emergency & Water Conservation Plan All sections of the plan must be completed in order for the plan to be approved.

Name of Water Supplier City of South Saint Paul, DNR Permit 1974-5168 Date Plan Received by DNR Draft Received July 24, 2020 Date of Review August 21, 2020 Name of Reviewer Joe Richter Plan Due Date October 15, 2018

Date of Met Council Review April 15, 2019 Name of Met Council Reviewer Brian Davis

Is this plan approved? Yes No Does this plan meet Metropolitan Council Requirements? Yes No

Part 1. Water Supply System Description and Evaluation Green = Metropolitan Council Comments Blue = DNR Comments Purple = County Comments Red = Items that must be changed for an approvable plan. Prelim ✓ List = for a quick initial review to make sure the plan has all the necessary sections complete

Prelim. Compliant/ Changes Met Section Description Comments/Important ✓ Acceptable Needed Council Comments in Bold list Concern Analysis of Water Demand ☒ ☒ ☐ Intro Table 1 General Information ☒ ☒ ☐ 1.A. Table 2 Historic The DNR encourages the City of Water Demand South Saint Paul to begin tracking the volumes of water used for non-essential uses and for water supplier services. ☒ ☒ ☐ 1.A. Table 3 Large Volume The City of South Saint Paul is Users unusual in that over 30% of the water sold is to the largest ten customers. Efforts to conserve water would be very efficient when targeted at these customers. Treatment and Storage Capacity

☒ ☒ ☐ 1.B. Table 4 Water Treatment Capacity & Process ☒ ☒ ☐ 1.B. Table 5. Storage capacity ☒ ☒ ☐ 1.B. Discuss current capacity vs. project 10 yr. demand Water Sources ☒ ☒ ☐ 1.C. Table 6. Water sources and status ☒ ☒ ☐ 1.C. Discuss limitation on emergency water source Future Demand Projections ☒ ☒ ☐ ☐ 1.D. Discuss Water Use No comment. The discussion of trends water use trends provides information about the important controls on water use in the community.

Ii is interesting to note that the increase in population was ten times larger than the increase in the number of connections.

There seems to have been a change in the management of the City of South Saint Paul water system in the year 2013. ☒ ☒ ☐ ☐ 1.D. Table 7. Projected The city’s projections are based annual water on their most recent 5-year demand average per capita demand (126.4 gpcd) rather than the higher 10-year average (144 gpcd). Using the 10-year average for their projections would be more conservative for planning purposes

No comment. The projections are consistent with current Metropolitan Council population projections. ☒ ☒ ☐ ☐ 1.D. Describe method to No comment. Enough detail was project water provided to recreate the demand

calculation, or a report with the information was referenced. Resource Sustainability ☒ ☒ ☐ 1.E. Table 8. Information about source water quality monitoring ☒ ☒ ☐ 1.E. Table 9. Water level If the City of South Saint Paul is data obtaining water level elevations through the use of its SCADA system, the information should be submitted to the DNR Observation Well Manager at [email protected] The water level information should be submitted to the DNR on an excel spreadsheet that can be found here. The approval of the South Saint Paul 2010 water supply plan noted that the use of Well #2 (emergency well) as a water level observation must be completed before the DNR will authorize the construction of a new well for the City of South Saint Paul. ☒ ☒ ☐ ☐ 1.E. Table 10. Natural No comment. Issues identified resource impacts in the Master Water Supply Plan were acknowledged

The DNR is looking forward to receiving water level data from Installation No. 2. ☒ ☒ ☐ 1.E. Table 11. Status of Wellhead Protection and Source Water Protection Plans ☒ ☒ ☐ ☐ 1.F. Table 12. Adequacy of Water Supply System ☒ ☒ ☐ 1.F. Table 13. Proposed No comment, based on the future information provided in Section installations/sources 1.F., Table 12.

☒ ☒ ☐ 1.F. Anticipated need for No comment. Based on your alternative water assessment about the adequacy source Y/N of the water supply system, no information is needed here.

☒ ☒ ☐ ☐ 1.F. If yes above, Not addressed in plan. complete Table 14. Alternative Water No comment, based on the Sources information provided in the row above.

Part 2. Emergency Planning & Response Procedures Emergency Response Plan ☒ ☒ ☐ 2.A. Federal Emergency Plan Y/N ☒ ☒ ☐ 2.A. Table 15. Emergency Preparedness Plan contact information ☒ ☒ ☐ 2.B. Operational Contingency Plan Y/N ☒ ☒ ☐ 2.C. Do emergency records & maps exist & staff knowledge Y/N ☒ ☒ ☐ 2.C. Table 16. Interconnections with other water supply systems in an emergency ☒ ☒ ☐ 2.C. Table 17. Utilizing surface water as an alternative source ☒ ☐ ☒ 2.C. Describe additional The City of South Saint Paul emergency measures should mention the measures that are in the Wellhead Protection Plan in this section. Allocation & Demand Reduction Procedures ☒ ☒ ☐ 2.C. Table 18. Water use priorities ☒ ☒ ☐ 2.C. Table 19. Emergency demand reduction conditions, triggers and actions

☒ ☒ ☐ 2.C. Table 20. Plan to inform customers regarding conservation requests & water use restrictions Enforcement ☒ ☒ ☐ 2.C. Critical water deficiency restriction/official control in place Y/N ☒ ☒ ☐ 2.C. Does the public water supply utility, city manager, mayor, or emergency manager have standing authority to implement water restrictions Y/N

Part 3. Water Conservation Plan Progress since 2006 ☒ ☒ ☐ 3.A. First WSP Y/N ☒ ☒ ☐ 3.A. If yes, describe conservation practices that you are already implementing OR If no, complete Table 21 on Implementation ☒ ☒ ☐ 3.A. What are the results from the actions in Table 21-how were results measured? Triggers for Allocation and Demand Reduction Actions ☒ ☒ ☐ 3.A. Table 22. Short and long-term demand reduction conditions, triggers and actions Conservation Objectives and Strategies ☒ ☒ ☐ ☐ 3.B. Is your ten-year As shown on Table 2, the city’s average (2005-2014) average annual unaccounted-for unaccounted Water water use was 10% for 2013 Use in Table 2 higher through 2017, meeting the than 10% Y/N target. However, for the full 10-

year (2008-2017) reporting period, the average annual unaccounted-for water use was 15.2%. In addition, the percentage varied considerably, from 26.2% to -2.0%. The city should consider strengthening their efforts to identify and address leaks or other losses from their system.

☒ ☒ ☐ ☐ 3.B. Leak detection monitoring schedule ☒ ☒ ☐ ☐ 3.B. Date of most recent water audit & frequency ☒ ☒ ☐ ☐ 3.B. If Table 2 shows It is likely that metering the City annual water losses owned facilities will greatly over 10% or an reduce the unaccounted-for increasing trend over water volumes. time, describe what actions will be taken to reach the <10% loss objective and within what timeframe ☒ ☐ ☒ 3.B. Table 23. Information The AWWA – recommends about customer residential meters checked meters every 10 years. Meters gradually drift from accuracy and this would also reduce the unaccounted-for volume. ☒ ☒ ☐ 3.B. Table 24. Water source meters ☒ ☒ ☐ 3.B. Is your average 2010- In Table 2, the city’s average per 2015 residential per capita demand for 2013-2017 capita water demand (49 gpd) is low compared to in Table 2 more than other communities in Dakota 75 GPD Y/N County and is consistently below the target of 75 gallons per day.

It is likely that the residential use will increase as meters that are older than 10 years are tested.

☒ ☒ ☐ 3.B. Ave. residential per capita demand data ☒ ☒ ☐ Describe the water use trend ☒ ☒ ☐ 3.B. Table 25. Strategies In Table 25, the City identifies its & timeframe to strategies to reduce residential reduce residential per capita demand further. per capita demand

☒ ☒ ☐ 3.B. Table 26. Strategies In Table 26, the City identifies its & timeframe to strategies to reduce non- reduce institutional, residential demand. commercial industrial, & Due to industries using almost agricultural & non- 30 percent of the water revenue use demand supplied by the City of South Saint Paul, the City of South Saint Paul should adopt additional strategies from Table 26. ☒ ☒ ☐ 3.B. Describe the trend for each customer category; explain the reason(s) for the trends, and where trends are increasing. ☒ ☒ ☐ 3.B. Peak Day Demand Ratio & Calculate a ten year average (2005 – 2014) of the ratio of maximum day demand to average day demand ☒ ☒ ☐ 3.B. Current water rate data ☒ ☒ ☐ 3.B. Table 27. Rate structures for each customer category ☒ ☒ ☐ 3.B. Justification for neutral or non- conserving rates ☒ ☒ ☐ 3.B. Table 28. Additional strategies to Reduce Water Use & Support Wellhead Protection ☒ ☒ ☐ 3.B. Measures of success

☒ ☒ ☐ 3.B. Table 29. Regulations for short-term reductions in demand and long- term improvements in water efficiencies ☒ ☒ ☐ 3.B. Table 30. Retrofitting programs ☒ ☒ ☐ 3.B. Conservation Program success ☒ ☒ ☐ 3.C. Table 31. Current and Proposed Education Programs ☒ ☒ ☐ 3.C. Future education and information activities ☐ ☐ ☐ 4.D. Table 32. Local Within 30 days following the Metro controls and adoption of your community’s Only schedule to protect local comprehensive plan, of Drinking Water which this local water supply Supply Management plan is a part, adopt and submit Areas copies of the local controls identified here to the Metropolitan Council, as required by Minnesota Statutes 473.865. ☒ ☒ ☐ Appen Well records and dix 1 maintenance summaries ☒ ☒ ☐ Appen Water level If the City of South Saint Paul is dix 2 monitoring plan obtaining water level elevations through the use of its SCADA system, the information should be submitted to the DNR Observation Well Manager at [email protected] The water level information should be submitted to the DNR on an excel spreadsheet that can be found here. Please note that transducers do drift out of calibration and should be checked with hand measurements on at least a quarterly basis.

The approval of the South Saint Paul 2010 water supply plan

noted that the use of Well #2 (emergency well) as a water level observation must be completed before the DNR will authorize the construction of a new well for the City of South Saint Paul. Please amend Appendix 2 to reflect the requirement for the observation well. ☒ ☐ ☒ Appen Water level graphs The attached graphs should dix 3 for each water supply show all of the water levels for well the well, not just a three month or one-year period of time. ☒ ☒ ☐ Appen Capital Improvement dix 4 Plan ☒ ☒ ☐ Appen Emergency dix 5 Telephone List ☒ ☒ ☐ Appen Cooperative Within 30 days following the dix 6 Agreements for adoption of your community’s Emergency Services local comprehensive plan, of which this local water supply plan is a part, adopt and submit copies of the local controls identified here to the Metropolitan Council, as required by Minnesota Statutes 473.865.

☒ ☐ ☒ Appen Municipal Critical Within 30 days following the dix 7 Water Deficiency adoption of your community’s Ordinance local comprehensive plan, of which this local water supply plan is a part, adopt and submit copies of the local controls identified here to the Metropolitan Council, as required by Minnesota Statutes 473.865.

The ordinance submitted by the City of South Saint Paul should also prohibit car washing, and garden watering as shown in the attached model ordinance that was developed by the

MRWA and the League of MN cities. ☒ ☒ ☐ Appen Graph showing dix 8 annual per capita water demand for each customer category during the last ten-years ☒ ☒ ☐ Appen Water Rate Structure dix 9 ☒ ☐ ☒ Appen Adopted or proposed Within 30 days following the dix 10 regulations to reduce adoption of your community’s demand or improve local comprehensive plan, of water efficiency which this local water supply plan is a part, adopt and submit copies of the local controls identified here to the Metropolitan Council, as required by Minnesota Statutes 473.865.

The City of South Saint Paul is required to update its critical water deficiency ordinance within six months of the approval of the City of South Saint Paul water supply plan. ☒ ☒ ☐ Appen Implementation dix 11 Checklist

Plan Approved ☒ Plan NOT Approved ☐ Date: 8/24/2020

Water Usage in a Critical Water Deficiency, LMC Model Ordinance

League models are thoughtfully developed by our staff for a city’s consideration. Models should be customized as appropriate for an individual city’s circumstances in consultation with the city’s attorney. Helpful background information on this model may be found in “Securing Payment of Utility Charges.”

This icon marks places where the city must customize the model. They offer additional provisions, optional language, or comments for your consideration. The icon, and language you do not wish to include, should be deleted from this model before use. Make other changes, as needed, to customize the model for your city.

ORDINANCE NO. _____

AN ORDINANCE REGULATING NONESSENTIAL WATER USAGE UPON CRITICAL WATER DEFICIENCY AS AUTHORIZED BY MINN. STAT. § 103G.291, SUBD. 1 AND 2.

This model ordinance was drafted in collaboration with the Minnesota Rural Water Association. Under Minnesota Statute section 103G.291, cities are required to adopt and enforce water conservation restrictions when the governor declares a critical water deficiency. Some cities may already have such restrictions in their water supply plans.

The City Council of _____, Minnesota ordains:

SECTION 1. PURPOSE. This ordinance establishes water conservation restrictions; and the plan will be in effect at any time the governor declares by executive order a critical water deficiency, pursuant to Minnesota Statutes section 103G.291.

SECTION 2. DEFINITIONS. 2.1 Clerk in statutory cities means the person assigned duties pursuant to Minn. Stat. § 412.151; or the city manager pursuant to Minn. Stat. § 412.601 – 412.751 or in charter cities as determined by city charter.

2.2 Department means the city water department.

2.3 Emergency means the declaration of a critical water deficiency by the governor.

2.4 Irrigation means the watering of shrubs, trees, sod, seeded areas, gardens, lawns, or any other outdoor vegetation, except outdoor vegetation utilized for agricultural purposes.

2.5 Notification to public means notification through local media, including interviews and issuance of news releases.

League of Minnesota Cities Model Ordinance: 10/24/2018 Water Usage in a Critical Water Deficiency Page 1 2.6 Public water supplier means the city or other entity that owns, manages, or operates a public water supply, as defined in Minn. Stat. § 144.382, subdivision 4.

2.7 Reclaimed water means water collected from rooftops, paved surfaces, or other collection devices and all water utilized more than once before re-entering the natural water cycle.

2.8 Water recirculation system means any system which enables a user to reuse water at least once prior to returning the water to the natural water cycle.

SECTION 3. APPLICATION. 3.1 This ordinance applies to all customers of public water suppliers who own or control water use on any premises.

3.2 No person shall make, cause, use, or permit the use of water received from a public water supply for residential, commercial, industrial, governmental, or any other purpose in any manner contrary to any provision in this ordinance.

3.3 Mandatory emergency conservation measures shall be implemented based upon the declaration of a critical water emergency by the governor.

SECTION 4. DECLARATION OF CRITICAL WATER DEFICIENCY. Upon the declaration of a critical water deficiency by the governor, the public water supplier shall immediately post notice of the emergency declaration at the usual meeting place of the city council, or the official city bulletin board. The city shall provide notification to the public as quickly as possible or through established water supply plans emergency response plans or procedures.

SECTION 5. MANDATORY EMERGENCY WATER CONSERVATION MEASURES. Upon declaration of a water emergency and notification to the public, the following mandatory restrictions upon nonessential water use shall be enforced: (1) Outdoor irrigation of yards, gardens, golf courses, parklands, and other non- agricultural land, except for those areas irrigated with reclaimed water, is prohibited.

(2) Washing or spraying of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas with water from any pressurized source, including garden hoses, except to alleviate immediate health or safety hazards, is prohibited.

(3) The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited.

(3) Restaurants and other food service establishments are prohibited from serving water to their customers, unless water is specifically requested by the customer.

(5) Operation of outdoor misting systems used to cool public areas is prohibited.

League of Minnesota Cities Model Ordinance: 10/24/2018 Water Usage in a Critical Water Deficiency Page 2 (6) The filling of swimming pools, fountains, spas, or other exterior water features is prohibited.

(7) The washing of automobiles, trucks, trailers, and other types of mobile equipment is prohibited, except at facilities equipped with wash water recirculation systems, and for vehicles requiring frequent washing to protect public health, safety, and welfare.

SECTION 6. VARIANCES. The City Clerk or their designee, is authorized to grant variances to this ordinance where strict application of its provisions would result in serious hardship to a customer. A variance may be granted only for reasons involving health or safety. An applicant may appeal the denial of a variance within five (5) days of the decision by submitting a written appeal to the City Clerk. The City Council shall hear the appeal at the next City Council meeting. The decision of the City Council is final.

SECTION 7. VIOLATION. 7.1 Violations shall be determined and cited by the City Clerk or his/her designee. A violator may appeal the citation within five (5) days of its issuance by submitting a written appeal to the City. The City Council shall hear the appeal at the next City Council meeting. The decision of the City Council is final. Violators may be granted an administrative waiver if evidence is provided that equipment failure was the cause of the violation. A letter from a qualified vendor or equipment invoice will be required to show proof of equipment failure.

7.2 Upon discovery of a first violation, the violator shall be issued, either personally or by mail, a warning letter that sets forth the violation and which shall describe the remedy and fines for future violations.

7.3 Upon subsequent violations at the same location, the violator shall be issued, either personally or by mail, a citation that sets forth the violation and shall describe the remedy. Fines shall be added to the monthly water bill of the owner or current occupant of the premises where the violation occurred. The imposition of the fine shall in no way limit the right of the City to pursue other legal remedies.

SECTION 8. ENFORCEMENT. The City Clerk or his/her designee is authorized to designate city employees or law enforcement personnel to enforce the provisions of this ordinance.

SECTION 9. SEVERABILITY. If any provision of this ordinance or the application of any provision to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the application of the ordinance to any other situation shall not be invalidated.

SECTION 10. EFFECTIVE DATE. This ordinance becomes effective _____.

League of Minnesota Cities Model Ordinance: 10/24/2018 Water Usage in a Critical Water Deficiency Page 3 The effective date may be “from and after its passage and publication” or simply choose and insert any date after passage and publication of the ordinance.

Passed by the City Council of ______, Minnesota this _____ day of Month, Year.

______Mayor

Attested:

______City Clerk

League of Minnesota Cities Model Ordinance: 10/24/2018 Water Usage in a Critical Water Deficiency Page 4 City Council Agenda Date: September 8, 2020 10-D Department: Engineering Prepared by: Sue Polka, City Engineer Administrator: JRH

Agenda Item: Armour Drive at Kwik Trip Pavement Repairs

Actions to be considered:

Approve proposal for services with URETEK USA, Inc. for pavement and foundation repairs on Armour Drive at the Kwik Trip driveway. Approve a right of entry agreement with Kwik Trip pending final approval by the City Attorney.

Overview:

Due to high ground water conditions along Armour Drive, the pavement at the Kwik Trip driveway has settled creating a ponding issue that becomes a hazard during freezing conditions. Staff has solicited quotes from URETEK USA, Inc. and Outdoor Everything, Inc. to provide repairs to the area by injecting the subgrade with a polymer that will displace the groundwater and lift the pavement. In addition to the pavement repairs, the polymer will seal the catch basins and manholes to reduce groundwater infiltration into the structures. Work is proposed to be completed one-third at a time to allow the driveway to remain open to traffic. Once the polymer injection process is completed, the area can be open to traffic within 15 minutes. The work is estimated to be completed over a 3-day duration. Any minor pavement patching or concrete grinding to create an even surface will be completed by Public Works. URETEK has provided a proposal in the amount of $49,900.00. Outdoor Everything, Inc. declined the proposal due to the scope of the work.

Staff has been working cooperatively with Kwik Trip and has provided a draft Right of Entry agreement for their review. In addition, Kwik Trip has verbally committed to provide 50% of the cost of the repairs. Once the Right of Entry agreement is signed, work will be scheduled and URETEK has tentatively committed to complete the work by the end of September.

Source of Funds:

This was a non-budgeted improvement, but staff would recommend the use of Capital Project funds to cover the City’s share of the project.

PROPOSAL FOR SERVICES

Prepared for: Sue Polka City of South St Paul, MN So. St. Paul Kwik Trip

Prepared by: Tony Coda Project Manager

URETEK USA, Inc. (715) 392-1261 [email protected] www.uretekusa.com

Proposal date: August 10, 2020

URETEK USA, Inc. [M] PO Box 1929, Tomball, Texas 77377 [S] 13900 Humble Road, Tomball, Texas 77375 [T] 888.287.3835 [W] uretekusa.com Sue,

URETEK USA, Inc. is pleased to present this proposal for our safe, non-intrusive, and long-lasting polymer repair solutions. URETEK pioneered and refined the polymer ground injection technology in use today. We have 30 years in the business and over 100,000 (and counting) successful projects to date.

Scope of Work:

URETEK USA hereby proposes to furnish all equipment, labor, materials and supervision unless noted otherwise, to complete the Scope of Work identified. Changes in the SOW or unforeseen conditions will be performed via Change Order. URETEK USA will notify you immediately upon discovery of any unforeseen conditions as URETEK USA will not proceed with any additional work without your prior approval.

The driveway to this facility has several concrete panels which have sunk due to moisture in the soils and the gutter panels have moved sufficiently as to stop the water from moving to the catch basin. The approximate dimensions of the work area are as follows: 44' x 29' and 72' x 3'. URETEK USA will make every effort to return the treated area back to its original position, but URETEK USA cannot guarantee the amount of lift which will be achieved due to unknown ground conditions. In addition, lifting can potentially cause cracking and other cosmetic issues to the structure. URETEK USA will make every effort to minimize these potential side effects but cannot guarantee that they will not occur.

To correct this situation we will first inject our water chasing polyurethane material around the catch basin which is adjacent to the asphalt road in order to mitigate infiltration of water from the soils. Then we will proceed to use URETEK Deep Injection to stabilize the soils under the small three foot gutter slabs which are also adjacent to the asphalt road. The depths of these injections will be determined after we study the DCP testing which our crew will do on site. The final objective is to lift these panels so the water will flow to the catch basin as built.

We will also inject our polyurethane material around the manhole in the driveway in order to try to mitigate the water from coming in through the cracks in the wall of this manhole. Once this is done we will move out into the driveway and underseal approximately 15 panels and lift them where needed to get to joints to line up. URETEK's proposal is based on having uninterrupted access to 1/3 of the work area for at least 8 hours per day. URETEK is willing to work days or nights in order to minimize disruptions to traffic. URETEK will only provide basic traffic control in the form of cones for this project. Additional traffic control requirements will be at an additional cost.

This work shall consist of soil densification to strengthen base and sub-base soils under flexible asphalt, concrete, or composite pavement, by furnishing and injecting expansive polyurethane material into the foundation soils beneath the pavement through holes or injection tubes inserted into drilled holes at locations and depths, as shown on the plans or as directed by the Engineer, while monitoring for movement at the surface. If necessary, injection of material shall continue as needed to lift the pavement to grade.

URETEK USA, Inc. Page 2 of 5 This problem can be addressed by utilizing the URETEK Deep Injection® (UDI) or the URETEK Method® process in conjunction with our URETEK 486 STAR® hydro-insensitive polymer.

Construction Details:

URETEK will perform the following operations:

• If required, Dynamic Cone Penetrometer (DCP) tests at locations chosen by the URETEK Supervisor will be executed. DCP tests will be used to confirm existing subgrade and/or foundation soil conditions, to locates voids, and to assist in determining or confirming injection depth(s). This plan will include depths, spacing, and pattern for all injections. If testing shows additional injection levels are needed, the URETEK Project Manager will get approval from the client prior to proceeding.

• Pavement Profile will be taken every 10 ft. in a longitudinal direction on edges and center of work area. Profile spots will be taken before and after injections and documented for review. During the procedure for void fill and/or pavement lifting, injections will be monitored by laser level, dial indicator, and/or string line.

• For UDI, holes will be vertically drilled to a depth sufficient to penetrate below the pavement and into the subgrade. Injection tubes will be inserted to the required depth(s) determined by the DCP test results. The holes shall be sufficiently spaced to fill voids and realign the pavement.

• Production units will have mounted proportion pumps capable of maintaining proper polyurethane component material temperature, material pressure and proper mixing of component materials.

• Certified and calibrated Flow Meters will read injected material amounts of components (“A” + ”B”).

Proposed Cost:

URETEK 486 STAR (LB) 5,500 LB @ $8.00/LB = $44,000.00

DCP (Each) 2 Each @ $450.00/Each = $900.00

Mobilization (Each) 1 Each @ $5,000.00/Each = $5,000.00

Total Estimate: $49,900.00

Changes to Scope of Work:

All change orders must be approved in writing and signed on behalf of URETEK and the project site representative.

URETEK USA, Inc. Page 3 of 5 Items not Included in Quote:

Bonding/Bond Participation, Saw Cutting, Sales Tax, Joint/Crack Sealing, Milling of Existing Asphalt Wedges (if required)

Payment Terms:

If agreement is by the pound, client will only pay for product installed. Payment terms are net 30 unless the contract states differently.

Warranty:

URETEK will provide a two-year unconditional warranty against settlement of more than 1/2” of the injected areas. In the unlikely event that movement of more than 1/2” in the injected areas occurs, URETEK will return to inject the affected area to lift to proper grade at no charge to the owner. If traffic control is not included in this proposal, URETEK would require that any traffic control required to perform the warranty work be provided by the owner.

Any bonded project shall only provide a one-year warranty from date of substantial completion. This shall not impact the URETEK two-year unconditional warranty described above.

This warranty shall be null if:

The only exception to the warranty is if the DCP tests reveal problems deeper than the approved injection plan and the client chooses not to address those problems at the time of this project.

Indemnification & Hold Harmless:

To the fullest extent permitted by law, the Subcontractor shall indemnify and hold harmless the Contractor, the Contractor's other subcontractors, the Architect, the Owner and their agents, consultants and employees (the Indemnities) from all claims for bodily injury and property damage other than to the Work itself that may arise from the performance of the Subcontract Work, including reasonable attorneys' fees, costs and expenses, that arise from the performance of the Work, but only to the extent caused by the negligent acts or omissions of the Subcontractor, the Subcontractor's Sub Subcontractors or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable . This indemnity includes if the Subcontractor or any of its agents, employees, suppliers, or lower-tier Subcontractors utilize any machinery, equipment, tools, scaffolding, hoists, lifts or similar items owned, leased, or under the control of the Contractor. The Subcontractor shall be entitled to reimbursement of any defense cost paid above Subcontractor's percentage of liability for the underlying claim to the extent attributable to the negligent acts or omissions of the Indemnities.

Schedule:

URETEK USA, Inc. Page 4 of 5 Schedule will be discussed between URETEK and client after all paperwork has been approved by both sides. Operations can accommodate day or night/weekday and/or weekend work depending on the client’s schedule. Traffic can be returned to the project area 15 minutes after our last injection.

Merit Shop Contractor:

URETEK USA, Inc. is a merit shop contractor and all services provided by this proposal will be on a merit shop basis. All reference to labor agreement of any kind, or alluded to, in a principle contract or a subcontract, are set aside, and not part of this proposal.

URETEK USA, Inc. Page 5 of 5 RIGHT OF ENTRY AGREEMENT

THIS RIGHT OF ENTRY AGREEMENT (this “Agreement”) is made and entered into as of the day of , 2020, between the City of South St. Paul, a Minnesota municipal corporation (“City”), and Kwik Trip, Inc., a Wisconsin Corporation (“Owner”).

WHEREAS, the Owner owns or controls that certain parcel or tract of land, together with all rights and privileges arising in connection therewith, located in South St. Paul, County of Dakota, State of Minnesota, described as follows:

422 Concord Street South South St. Paul, MN 55075

PID: 36-03800-00-028

(“Property”); and

WHEREAS, City needs to conduct certain road maintenance and repair work on the public road adjacent to one of the Property, specifically repair concrete panels, pavement and storm sewer features located in and adjacent to the eastern Kwik Trip access on Armour Drive as described in attached Uretek proposal (“Road Work”).

NOW THEREFORE, for mutual consideration which is hereby acknowledged, the parties agree as follows:

1. Consent. The Owner does hereby grant permission to the City and its agents, employees, consultants and representatives, for a period of sixty (60) days from the date of this Agreement, to enter onto the Property for the purpose of performing Road Work at the shared cost of 50% City/50% Kwik Trip. It is estimated that the work will take approximately three (3) days within the 60-day time frame. The City will maintain access to the Property at all times. The Owner shall not be responsible for the actions of City or City’s employees or contractors while they are on the Property.

2. Assignment. The City may transfer or assign any of its obligations under this Agreement without the prior written consent of the Owner.

3. Notice. City must provide the Owner with at least 48 hours’ notice prior to entering onto the Property. Such notice shall indicate the type of Road Work that will be conducted and the persons authorized to conduct the Road Work.

4. Assumption of Risk. City assumes the risk that may occur while on the Property and assumes and accepts full responsibility for injury or death, or damage to or destruction of its own personal property while on the Property as a result of the Road Work. City

shall indemnify, defend and hold Owner harmless from and against any and all injury, loss, damage or claims arising directly out of City’s Road Work.

5. Insurance. City shall, at its own expense, obtain and keep in force, during the term of this Agreement, a commercial general liability insurance policy in an amount not less than $500,000.00 per person per occurrence for bodily injury, including death, and $500,000.00 per person per occurrence for property damage; said policy shall not exclude explosion, collapse or underground property damage; and $1,500,000.00 maximum per occurrence.

6. Damage to Property. If any real property owned, used, leased, or maintained by the Owner is damaged by City in connection with the Road Work, City shall promptly repair (or arrange for the repair of) such damage at the sole cost and expense of City.

7. License. Owner agrees to grant City a License for the sole purpose of conducting the Road Work. City agrees that this License creates a Right of Entry only and that City has no interest in the Property. City will restore the Property to its condition as it existed at the commencement of this Agreement, reasonable wear and tear and casualty not caused by City excepted.

[The remainder of this page was intentionally left blank.]

CITY:

CITY OF SOUTH ST. PAUL

By: James P. Francis, Mayor

ATTEST:

Christy Wilcox, City Clerk

STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )

On this day of , 2020, before me a Notary Public within and for said County, personally appeared James P. Francis and Christy Wilcox, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of South St. Paul, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality.

______Notary Public

OWNER:

KWIK TRIP, INC.

By: Name: Its:

STATE OF MINNESOTA ) ) ss: COUNTY OF DAKOTA )

On this _____ day of ______, 2020, before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he is the of Kwik Trip Inc., a Wisconsin Corporation, the company named in the foregoing instrument, and that said instrument was signed on behalf of said limited liability company.

Notary Public

A CITY COUNCIL AGENDA REPORT DATE: SEPTEMBER 8, 2020 10-E DEPARTMENT: Community Development-Planning Prepared By: Michael Healy, City Planner/Zoning Administrator

ADMINISTRATOR: JRH

AGENDA ITEM: First Reading of an Ordinance Establishing Zoning Standards for Child Day Care and Adult Day Care

ACTION TO BE CONSIDERED:

First Reading- An ordinance establishing zoning standards for child day care and adult day care.

OVERVIEW:

The Applicant is the City of South Saint Paul. The City does not currently have any standards in its zoning ordinance for child day care or adult day care. Small day cares are protected by State Statute and all cities are required to allow small day cares in their residential zoning districts. The City of South St. Paul has historically approved large day care projects by deeming them to be “similar to other uses” and approving them via Conditional Use Permits (CUP’s). Child day cares have generally been deemed to be similar to elementary schools and adult day cares have generally been deemed to be similar to vocational schools.

The proposed ordinance amendment would incorporate into the zoning code all of the mandatory rules regarding day cares that are laid out in State Statute. It would also formalize the City’s rules for child day care and adult day care by adding them as conditional uses in the zoning districts where the City has historically allowed them. The only significant policy changes that are contained within the draft ordinance are:

• Child day cares will now be allowed in the I-1 light industrial zoning district with a CUP.

• All businesses, including heavy industrial businesses in the I-Industrial zoning district, will be able to provide on-site day care to children of employees with a CUP.

The City Council reviewed the proposed policy changes at their worksession on July 27th and was generally supportive.

STAFF AND PLANNING COMMISSION RECOMMENDATION:

A public hearing for the ordinance was held at the September 2, 2020 Planning Commission meeting. No one from the general public commented. The Planning Commission discussed how day cares in light industrial and industrial areas would all require CUP’s and would therefore be “case by case.” A CUP could be denied if a specific industrial site were deemed unsafe for children due to site contamination or other issues. At the conclusion of the public hearing, the Commissioners voted to recommend approval of the proposed ordinance (5-0). City of South St. Paul

Dakota County, Minnesota

Ordinance No. XXXX

AN ORDINANCE AMENDING SOUTH ST. PAUL CITY CODE TO ESTABLISH ZONING REGULATIONS FOR CHILD DAY CARE FACILITIES AND ADULT DAY CARE FACILITIES

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

SECTION 1. AMENDMENT. South St. Paul City Code Section 118-8, 118-121,118-123, 118- 124, 118-125, 118-126, 118-127, 118-128, 118-129,118-134, and 118-354 are hereby amended as follows: Sec. 118-8. - Lots, distances, and definitions.

Adult Day Care Facility means a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services and nutritional services that are directed at maintaining or improving the participants’ capabilities for self-care.

Child Day Care Facility means the care of a child in a residence or facility licensed for such care, outside the child’s own home for gain or otherwise, for less than 24 hours per day.

Group Family Day Care means a day care for no more than 14 children at one time. The total number of children includes all children of any caregiver when the children are present in the residence.

Nursery, day, means a use where care is provided for three or more children under kindergarten age for periods of four hours or more per day for pay and as defined and regulated by state statutes.

Sec. 118-121. - R-1, single-family district.

(a) Permitted uses. Within the R-1 single-family district, no building, structure or land shall be used except for one or more of the following uses, unless otherwise provided in this chapter: (1) Principal use. e. Child Day Care Facility serving twelve (12) or fewer persons. f. Adult Day Care Facility serving twelve (12) or fewer persons.

(2) Accessory uses. i. Group family day care located in a single-family dwelling or duplex serving no more than 14 children.

(b) Uses by conditional use permit. Within the R-1 district, the following uses shall be by conditional use permit only:

(10) A Reception or Meeting hall that is not part of a church, school, charitable organization, or other allowed use when contained within an existing building that is listed on the National Register of Historic Places. (11) Child Day Care Facility except as provided in Section 118-121(a).

Sec. 118-123. - R-3, general residence district.

(c) Uses by conditional use permit. Within the R-3 district, no structures or land shall be used for the following, except by conditional use permit:

(3) Adult Day Care Facility serving between 13 and 16 persons. (3) (4) Any conditional use permitted in the R-1 and R-2 districts.

Sec. 118-124. - R-4, multifamily residential district.

(c) Uses by conditional use permit. Within the R-3 district, no structures or land shall be used for the following, except by conditional use permit:

(7) Adult Day Care Facility.

Sec. 118-125. - CGMU, Concord Gateway mixed-use district.

(d) Conditional uses, CGMU-1. Within the CGMU-1 subdistricts, no structure or land may be used for any of the following uses except by conditional use permit:

(8) Adult Day Care Facility. (9) Child Day Care Facility. (8) (10) Parking ramps or parking garages. (9) (11) Buildings in excess of 50 feet in height, if such buildings will not block significant views from existing uses or views to significant features within the CGMU district, and if such buildings can be shown to be in keeping with the intent and character of the CGMU district and compatible with surrounding uses. (10) (12) Any permitted use or any other conditional use, if 10,000 square feet or more in gross floor area, if such use can be shown to be in keeping with the intent and character of the CGMU district and compatible with surrounding uses. (11) (13) Other uses determined by the city council to be similar in purpose and character to other permitted or conditional uses in this district.

Sec. 118-126. - C-1, retail business district.

(b) Uses by conditional use permit. The following uses shall require a conditional use permit:

(13) Adult Day Care Facility. (14) Child Day Care Facility.

Sec. 118-127. - NCMU, North Concord mixed-use district.

(d) Conditional uses, NCMU. Within the NCMU district, no structure or land may be used for the following uses, except by conditional use permit:

(12) Gasoline service stations (with accessory car wash facility). (13) Adult Day Care Facility. (14) Child Day Care Facility. (13) (15) Other uses determined by the city council to be similar in purpose and character to other permitted and conditional uses in the NCMU district.

Sec. 118-128. - GB, general business district.

(1) Adult Day Care Facility. (1) (2) Armories, skating rinks, convention halls, and similar uses. (2) (3) Auditorium or recreational building. (3) (4) Automobile and truck service uses. (4) (5) Automobile car wash. (5) (6) Boat, marine, trailer, farm equipment, automobile, truck, and similar sales. (6) (7) Bottling works. (7) (8) Bowling alley. (8) (9) Carpet or rug cleaning. (10) Child Day Care Facility. (9) (11) Church. (10) (12) Commercial recreation and equipment storage. (11) (13) Contractor, if open storage is utilized. (12) (14) Dance and other commercial schools. (13) (15) Drive-in business of all types. (14) (16) Dry cleaning. (15) (17) Dwelling units in any building. (16) (18) Equipment and vehicle rental. (17) (19) Essential services. (18) (20) Existing use in an adjacent existing business district that is not a permitted use or a specified use by conditional use permit. (19) (21) Exterior storage, open sales lots. (20) (22) Food locker plant. (21) (23) Laundry. (22) (24) Lumber yard. (23) (25) Manufacturing as permitted in the I district. (24) (26) Medical uses (human and animal). (25) (27) On-sale and off-sale liquor sales, including 3.2 percent beer. (26) (28) Other uses deemed by the city council to be similar in purpose and character to those set forth in this subsection and in subsection (a) of this section. (27) (29) Parking garage. (28) (30) PWS antennas. (29) (31) PWS tower. (30) (32) Reception or Meeting Hall. (31) (33) Seasonal business. (32) (34) Spur tracks. (33) (35) Supper club. (34) (36) Structures exceeding 45 feet in height. (35) (37) Body art establishment; provided, however, that the building in which the body art establishment is located shall not be closer than: a. Three hundred feet from the nearest part of a residential building located within a residential district, as referenced in section 118-8; and b. One-half mile from the nearest part of a building in which another body art establishment is located. (36) (38) Theater. (37) (39) Wholesaling. (38) (40) Alternative financial establishment, subject to the supplemental regulations in section 118-275.

Sec. 118-129. - I, industrial district.

(c) Uses by conditional use permit or interim use permit. The following uses shall require a conditional use permit or an interim use permit, and all applications for such conditional use permits shall follow the review and procedural guidelines set forth in section 118-132 of this chapter, governing planned unit developments: (4) Child Day Care Facility when located within the same building as the principal use and provided only for employees of the principal use. (4) (5) Exterior processing on industrial zoned property south of I-494, except that part north of Richmond Street, west of Hardman Avenue north of vacated Malden Street from Hardman Avenue to the Mississippi River, the south one-half of section 35, T28N, R22W and the east one-half of the NW 1/4 of section 35, T28N, R22W. (5) (6) Exterior storage (not as a principal use). (6) (7) Exterior storage and open sales lot in conjunction with an approved use on the same site. (7) (8) Exterior storage and processing of wood chips… (8) (9) Exterior storage as a principal use on industrial zoned property… (9) (10) Exterior storage or exterior processing as a principal use on industrial zoned property… (10) (11) Hotel or motel. (11) (12) Laundry and dry cleaning processing plants (not retail). (12) (13) Metal clad building. (13) (14) Other uses deemed by the city to be similar to those set forth in this subsection and consistent with the purpose set forth in subsection (a) of this section. (14) (15) Pawnbrokers and precious metal dealers, as defined in article XIV of chapter 18 of this Code, 500 feet north of I-494 and south of Grand Avenue. (15) (16) Private and business schools. (16) (17) PWS antenna. (17) (18) PWS tower. (18) (19) Restaurants. (19) (20) Sexually oriented uses, as defined in article XVIII of chapter 18, 500 feet north of I-494 and south of Grand Avenue. (20) (21) Spur tracks. (21) (22) Structures of any type over 50 feet in height. (22) (23) Temporary on-site rock crushing operation when used for surcharging the land as an integral part of a land reclamation plan approved by the city engineer. (23) (24) Temporary structures. (24) (25) Truck stop. (25) (26) Veterinary clinic. (26) (27) Wholesaling.

Sec. 118-134. - I-1, light industrial district.

(d) Uses by conditional use permit. The following uses or other uses deemed to be similar shall require a conditional use permit:

(1) Adult Day Care Facility. (1) (2) Automobile, truck and other vehicle repair. (3) Child Day Care Facility. (2) (4) Commercial kennels, animal hospitals, dog/pet daycare or lodging. (3) (5) Enclosed mini-storage facilities. (4) (6) Exterior storage (not as a principal use) subject to the following: a. Exterior storage use shall be incidental to an approved use on the same site. b. Exterior storage shall be screened from adjacent properties and public view and shall meet the required performance standards of section 118-240. c. The city may impose reasonable conditions on the exterior storage such as, but not limited to, maximum lot coverage, height, and type of the exterior storage. (5) (7) Open sales lot incidental to an approved use on the same site. (6) (8) Hotel or motel. (7) (9) Laundry and dry cleaning processing plants (not retail). (8) (10) On-sale liquor. (9) (11) Pawnbrokers and precious metal dealers, as defined in article XIV of chapter 18 of this Code, 500 feet north of I-494. (10) (12) Pet cremation (11) (13) PWS antenna. (12) (14) PWS tower. (13) (15) Restaurants. (14) (16) Schools: Private, business, and vocational schools. (15) (17) Sexually oriented uses, as defined in article XVIII of chapter 18, 500 feet north of I-494 and south of Grand Avenue. (16) (18) Spur tracks. (17) (19) Structures of any type over 50 feet in height. (18) (20) Temporary on-site rock crushing operation when used for surcharging the land as an integral part of a land reclamation plan approved by the city engineer. (19) (21) Temporary structures. (20) (22) Truck stop. (21) (23) Veterinary clinic. (22) (24) Wholesaling. (23) (25) Exterior processing of wood chips, accessory to a permitted or conditional use and subject to the required performance standards in section 118-134(d)(4).

Sec. 118-354. - Off-street parking spaces required.

Off-street parking spaces required by land uses generating the need for parking shall be as follows:

(31) Automobile and truck sales: One space for each 400 square feet of gross floor space plus one space for each two employees. (32) Child Day Care Facility and Adult Day Care Facility: One space per employee on maximum shift.

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 proposed ordinance would establish zoning standards for child day care facilities and adult day care facilities. It would align the City Code with State Statute by allowing small daycares in residential districts as a permitted use. It would allow large child day care facilities in all of the R districts as a conditional use and would allow large adult day care facilities as a conditional use in the R-4 district. It would allow child day cares and adult day cares as a conditional use in the City’s commercial districts and light industrial district. It would allow child day care as a conditional use in the Industrial district if it is serving employees of the business where it is located. The ordinance would also establish parking requirements for child day care and adult day care.

SECTION 3. EFFECTIVE DATE. This ordinance shall become effective upon publication.

Approved: ______

Published: ______

______Christy Wilcox, City Clerk AGENDA ITEM 4E South St. Paul Planning Commission

Prepared By: Meeting Date: Michael Healy, City Planner 9/2/2020

Item Description: Reviewed By: Kori Land, City Attorney Public Hearing for an ordinance amending the Zoning Code to establish zoning standards for child day care and adult day care

ACTION REQUESTED A motion recommending approval of an ordinance establishing zoning standards for child day care and adult day care.

BACKGROUND/ DISCUSSION

Application

The Applicant, the City of South St. Paul, is proposing to amend the zoning code to establish clear standards for child day care and adult day care. Currently, the Code does not contain any standards for these uses and the City has historically approved both uses by deeming them “similar to other uses” and issuing Conditional Use Permits. Some of the standards that are being proposed concerning small daycares in residential neighborhoods are required by State Statute.

Review Timeline

City Council Worksession Discussion: July 27, 2020 Planning Commission Public Hearing: September 2, 2020 Tentative City Council 1st Reading: September 7th or 21st, 2020 Tentative City Council 2nd Reading: September 21st or October 5th, 2020 60-Day Review Deadline: Not Applicable

Background

Staff recently discovered that the zoning ordinance does not list daycare as an allowable use in any of the City’s zoning districts and this pertains to both daycare for children and adult daycare. Taken at face value, this would suggest that daycare providers are not allowed to operate in South St. Paul. In actuality, there are State laws in place that preempt local ordinances and require that cities allow small licensed daycares as a permitted single-family residential use (in-home daycares serving up to 14 children and small daycare centers serving up to 12 persons-adults or children). Additionally, it also appears that the City has approved several large daycares and adult daycares in residential, commercial, and industrial areas over the past decade by finding that the projects met the intent of the Code despite some ambiguity in the way that the Code was written. The City Code currently allows the City to issue conditional use permits for “uses that are deemed to be similar in purpose and character to those set forth (in the Code)” in several zoning districts. This is the tool that the City has used over the years to review and approve daycare proposals which have typically been deemed to be similar to schools. Daycares for children have generally been deemed to be similar to elementary schools and daycares for adults have generally been deemed to be similar to vocational schools. This approach is not ideal and it is generally considered a best practice to fix zoning code issues when they are discovered versus finding workarounds, especially if the issue comes up frequently.

Staff discussed this situation with the City Council at their July 27th worksession and they directed Staff to bring forward an ordinance that would establish clear standards for child day care and adult day care as well as bring the City Code into alignment with State Statute regarding small daycares in residential neighborhoods. The City Council also wants to explore the idea of allowing child daycares in industrial zoning districts to support parents who work in those areas, something not allowed under the City’s current approach because elementary schools are not allowed in industrial zoning districts.

State Statutes Affecting Daycare Providers

Per Statute, single-family residential districts must allow licensed group family daycares (in-home daycares) for up to 14 children and licensed daycares for up to 12 persons as a permitted use, meaning a Conditional Use Permit cannot be required. Cities are required to allow licensed daycares for between 13- 16 persons in their multi-family residential zoning districts but they are allowed to require a Conditional Use Permit if they so choose. Because it is a State Statute, these rules are in place regardless of what the City’s zoning code says.

Overview of Proposed Changes

The draft ordinance amendment would implement the following changes:

Changes Required by State Statute

1. Allow state-licensed group family day care facilities serving fourteen (14) or fewer children or adults as a permitted accessory use in all Residential zoning districts (R-1, R-2, R-3, and R-4) in any single-family home or duplex.

2. Allow licensed daycare programs with up to 12 persons (adults or children) as a permitted use in all Residential zoning districts (R-1, R-2, R-3, and R-4).

3. Allow licensed adult daycare programs with up to 16 people as a conditional use in the R-3 zoning district.

Discretionary Changes

4. Establish zoning code definitions for “Child Day Care Facility” and “Adult Day Care Facility.”

5. Allow “Child Day Care Facility” as a Conditional Use in the R-1, R-2, R-3, and R-4 districts for daycare operations that have more persons than would be automatically allowed under State Statute. 6. Allow “Adult Daycare Facility” as a Conditional Use in the R-4 district.

7. Allow “Child Day Care Facility” and “Adult Day Care Facility” as Conditional Uses in the City’s commercial zoning districts- C-1, CGMU, and NCMU.

8. Allow “Child Day Care Facility” and “Adult Day Care Facility” as Conditional Uses in the City’s commercial/industrial mixed-use zoning district, the GB-General Business district.

9. Allow “Child Day Care Facility” and “Adult Day Care Facility” as Conditional Uses in the City’s light- industrial zoning district, the I-1 district.

10. Allow businesses in the heavy industrial zoning district, the I-Industrial district, to operate small daycares for the children of their employees ONLY. This would require a Conditional Use Permit.

11. Add a clear parking requirement for daycares that differentiates them from elementary schools. Staff would recommend using the same parking requirement as the City of Saint Paul which is one (1) parking space per employee. Daycare participants are generally being dropped off and do not need long-term parking. Daycares do not have after-hour activities and events that generate parking demand like elementary schools.

Discussion

Most of the changes being proposed are “low-hanging fruit” and would simply update the Zoning Ordinance to align with either State Statute or longstanding informal City policy. The only substantive policy change being contemplated is allowing daycares for children in the industrial zoning districts with a Conditional Use Permit. This is not something that has been allowed in the past.

The City Council discussed the issue of daycares in industrial areas at their July 27th worksession. They were generally supportive of the idea. Additionally, they wanted Staff to make sure that all employers in the community are able to provide on-site daycare for their employees even if they are located in a zoning district where it may not be appropriate to allow commercial daycare centers that are open to the general public.

Staff Recommendation

Staff recommends approval of the draft ordinance.

Planning Commission Alternatives

A) A motion recommending approval of the proposed ordinance establishing zoning standards for daycare, either as presented or with modifications.

B) A motion recommending denial of the proposed ordinance establishing zoning standards for daycare.

Attachments

A- Zoning Map Attachment A Zoning Map