City of South St. Paul CITY COUNCIL 125 3RD AVE NORTH SOUTH ST

City of South St. Paul CITY COUNCIL 125 3RD AVE NORTH SOUTH ST. PAUL, MN 55075 Monday May 17, 2021 7:00 p.m.

(If you use the hearing assistance PA system, please remove your hearing aid so it does not cause a feedback problem.) Public attendance is available via WebEx Call: 1-312-535-8110 Access Code: 1772 63 1783 1. CALL TO ORDER:

2. ROLL CALL:

3. INVOCATION:

4. PLEDGE OF ALLEGIANCE:

5. PRESENTATIONS:

6. CITIZEN’S COMMENTS (Comments are limited to 3 minutes in length.)

7. AGENDA:

A. Approval of Agenda Action – Motion to Approve Action – Motion to Approve as Amended

8. CONSENT AGENDA:

All items listed on the Consent Agenda are items, which are considered to be routine by the City Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member or citizen so requests, in which event the item will be removed from the consent agenda and considered at the end of the Consent Agenda. A. City Council Meeting Minutes of May 3, 2021

B. Accounts Payable

C. Accept Letter of Resignation – Police Officer Joseph “JC” Stratton

D. Waiver of Final Plat Filing Deadline for “The Yards Addition”

E. Approve Right of First Refusal with Wipaire, Inc

F. Approve Right of First Refusal with Chris Beaucage

G. Business Licenses

H. Approval to retain Bjorklund Compensation Consulting for Total Classification and Compensation Study I. Accept the 2021 1st Quarter Financial report and Budget Adjustments

Page 2 City Council Agenda

J. Approve Bid from HDR, Inc for the Independent Fee Estimate for Construction Administration Services for the Runway Rehabilitation Project

K. Award of Bid – 2018-015 4th Street South Improvements

L. Award of Bid – 2018-015 Seidl’s Lake Lift Station

M. Approve Bid from Becher-Hoppe, Inc for the Independent Fee Estimate for Professional Consultant Services

N. Dakota County All Hazard Mitigation Planning Process

O. Accept Minnesota Department of Commerce Grant Funding

P. Approve Hire of Community Service Officer

Q. Approve Plans and Specifications and Call for Bids for the 2021 Runway Reconstruction Project

R. Concord Street Improvements – Contractor Hours of Operation

S. Approve Agency Agreement for Federal Airport Expenses Reimbursement

T. Approve Land Lease at Fleming Field with ARJ Properties, LLC for 207 Alpha Lane

U. Approve Land Lease at Fleming Field with ARJ Properties, LLC for 1620 Henry Avenue

9. PUBLIC HEARINGS: 10. GENERAL BUSINESS: A. Conditional Use Permit for a Home Occupation at 319 11th Avenue South

B. Variance for an Additional Accessory Structure at 600 Gun Club Road

C. Conditional Use Permit for Truck Repair at 116 Hardman Court

D. Conditional Use Permit and Variance for Illuminated Wall Art on the Drover at 161 Concord Exchange North

E. Special Event License Request by Ride for Wishes

F. Resolution to County Board on Library Project

G. Resolution Extending Emergency Declaration until May 28th

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 MAY 3, 2021

1) Mayor James Francis called the regular meeting of the City Council to order at 7:00 p.m. on May 3, 2021.

2) ROLL CALL:

Present: Mayor Francis Councilmembers Bakken, Dewey, Hansen, Kaliszewski, Podgorski, Seaberg

Absent: None

Staff Present: City Administrator, Joel Hanson Attorney, Peter Mikhail City Clerk, Christy Wilcox City Engineer, Sue Polka City Planner, Michael Healy EDA Manager, Ryan Garcia

3) Christy Wilcox read the invocation.

4) Pledge of Allegiance

5) Presentations

• There were no presentations

6) Citizens’ Comments

• There were no citizen comments

7) Agenda

Moved by Kaliszewski/Seaberg

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 April 12, 2021

City Council Minutes of May 3, 2021 1 B. Resolution No. 2021-68, approving accounts payable C. City Council meeting minutes of April 19, 2021 D. Business Licenses E. Resolution No. 2021-65, approving Dakota County Contract No. C0033994 – Joint Powers Agreement for Traffic Control Signal Maintenance between the County of Dakota and the City of South St. Paul (City Signals) F. Resolution No. 2021-66, approving Dakota County Contract No. C003399995 – Joint Powers Agreement for Traffic Control Signal Maintenance between the County of Dakota and the City of South St. Paul (County Signals) G. Contract between the City of South St. Paul and SRF Consulting Group for Professional Services including final design and construction administration for the Wakota Scenic Trailhead including a trailhead building and accompanying trail connections H. Resolution No. 2021-67, authorizing acquisition by eminent domain for the taxiway connector of the runway/taxiway reconstruction project I. Accept letter of resignation from Amy Dybsetter, Park and Recreation Support Specialist with the City of South St. Paul effective May 14, 2021 J. Adopt Action Plans for 2021 Goals

Motion carried 7 ayes/0 nays

8D) Award of Bid – 2016-011 Concord Street Improvements

Moved by Hansen/Podgorski

MOVED: To adopt Resolution No. 2021-69, accepting bids and awarding 2016-

011 Concord Street Improvement Project.

Motion carried 7 ayes/0 nays

9A) 2nd Reading – Ordinance Vacating an Alley (Block 2 of Annex Addition)

Moved by Bakken/Dewey

MOVED: To adopt Ordinance No. 1378, vacating a portion of an alley within the

City of South St. Paul, Minnesota.

Motion carried 7 ayes/0 nays

Moved by Bakken/Dewey

MOVED: To adopt Resolution No. 2021-63, vacating a portion of an alley

located within the City of South St. Paul, Minnesota.

Motion carried 7 ayes/0 nays

City Council Minutes of May 3, 2021 2

10A) Conditional Use Permit Amendment – 245 Concord Street South

Moved by Dewer/Kaliszewski

MOVED: To adopt Resolution No. 2021-64, approving a Conditional Use Permit

Amendment for Royal Star Furniture to remove Condition O and Condition P from their

2008 approval.

Motion carried 6 ayes/1 nay (Hansen)

10C) 2nd Reading – Ordinance Relating to PUD’s and Lot Coverage Requirements

Moved by Seaberg/Bakken

MOVED: To adopt Ordinance No. 1379, amending South St. Paul City Code to

clarify eligibility standards for Planned Unit Development and clarify and update open

space and lot coverage requirements in residential zoning districts.

Motion carried 7 ayes/0 nays

10C) 2nd Reading – Accessory Structure Amendment

Moved by Hansen/Bakken

MOVED: To adopt Ordinance No. 1380, amending the setback standards and

permitting requirements for accessory structures.

Motion carried 7 ayes/0 nays

11) Mayor and Council Communication

12) Recess to EDA Meeting

Moved by Seaberg/Podgorski

MOVED: To recess the meeting to conduct the EDA meeting.

Motion carried 7 ayes/0 nays

City Council Minutes of May 3, 2021 3 Moved by Seaberg/Podgorski

MOVED: To reconvene the meeting of the City Council at 9:11 p.m.

Motion carried 7 ayes/0 nays

CLOSED SESSION

Moved by Seaberg/Hansen

MOVED: To move to close session pursuant to Minnesota Statutes §13D.05,

Subd. 3(b), for a confidential attorney-client discussion regarding pending litigation in

the Concord Project eminent domain case, City of South St. Paul v. Kassan Realty

Company, et al., Court File No. 19HA-CV-20-3042.

Moved by Seaberg/Hansen

MOVED: To reopen the regular City Council meeting at 9:24 p.m.

Motion carried 7 ayes/0 nays

12) Adjournment

Moved by Kaliszewski/Seaberg

MOVED: That the meeting adjourn at 9:24 p.m.

Motion carried 7 ayes/0 nays

Approved: May 17, 2021

______City Clerk

City Council Minutes of May 3, 2021 4 City Council Agenda Date: May 17, 2021 8-B Department: Finance Prepared by: Justin Kohls Administrator: JRH

Agenda Item: Accounts Payable

Action to be considered:

Motion to Adopt Resolution 2021-84 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. 2021-84

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: 140427- 140608 $ 372,198.51 2021142- 2021149 168,165.49 800487- 800491 71,986.07

Total $ 612,350.07

Adopted this 17th day of May, 2021.

______Christy Wilcox, City Clerk

R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140427 5/7/2021 1818 LELS LOCAL 95 1,742.00 86645 0505211220083 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 1,742.00

140428 5/7/2021 1842 LOCAL 120 2,248.00 86646 0505211220084 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 2,248.00

140489 5/7/2021 2243 POLICE FLOWER FUND 38.00 86641 05052112200812 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 38.00

140490 5/10/2021 1016 ACE HARDWARE & PAINT 4.80 MISC SCREWS FOR BWC MOUNTS 86522 542969/5 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 25.52 NUT/WASHER/EXT TUBE/P TRAP 86523 542936/5 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 25.95 NM CLEANER/FLY TRAPS & PAPER 86524 542928/5 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 53.51 NM CLEANER/FLY TRAPS 86636 542718/5 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 109.78

140491 5/10/2021 6677 ADVANCED DISPOSAL 573.43 NM TRASH SERVICE APRIL 2021 86526 G50005896322 50677.6371.010 MTNCE-GARBAGE/TRASH/RECYCLING NAN MCKAY APT BLDG 557.72 JC TRASH SERVICE APRIL 2021 86527 G50005896323 50678.6371.010 MTNCE-GARBAGE/TRASH/RECYCLING JOHN CARROLL APT BLDG 1,131.15

140492 5/10/2021 12845 AIR MECHANICAL, INC. 528.00 SSO33172/SSO33082/SSO33067 86610 4/28/2021 10420.4267 GAS AND WATER HEATING LICENSING & CODE ENFORCEMENT 4.00 STATE SURCHARGE 86610 4/28/2021 10101.2083 SURCHARGES GENERAL FUND 5.00- ADMIN FEE SSO32914 86610 4/28/2021 10420.4493 OTHER CHARGE FOR SERVICE - COM LICENSING & CODE ENFORCEMENT 527.00

140493 5/10/2021 5257 AL SERVICES LLC 1,015.00 REMOVED & INSTALLED POLE HEADS 86528 0624-21 50615.6371 REPAIRS & MAINT CONTRACTUAL STREET LIGHT UTILITY 300.00 INSTALLED LED TRAFFIC LIGHTS 86529 0624-22 50615.6371 REPAIRS & MAINT CONTRACTUAL STREET LIGHT UTILITY 1,315.00

140494 5/10/2021 1044 ANCOM COMMUNICATIONS 645.00 RADIO/MICROPHONE/IGNITION SWIT 86530 101327 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 645.00 MODEL BOX/POWER CABLE/WARRANTY 86531 101328 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,360.00 VHF MOBILE-SQUADS 86532 101326 60703.6550 MOTOR VEHICLES CENTRAL GARAGE FUND 2,650.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140495 5/10/2021 9021 ATLAS STAFFING, INC. Continued... 448.00 NM CLEANER TEMP MARIA 86533 1300137 50677.6371.150 MTNCE-CLEANING CONTRACTS NAN MCKAY APT BLDG 448.00 JC CLEANER TEMP MARIA 86533 1300137 50678.6371.150 MTNCE-CLEANING CONTRACTS JOHN CARROLL APT BLDG 448.00 NM CLEANER TEMP MARIA 86534 1300208 50677.6371.150 MTNCE-CLEANING CONTRACTS NAN MCKAY APT BLDG 448.00 JC CLEANER TEMP MARIA 86534 1300208 50678.6371.150 MTNCE-CLEANING CONTRACTS JOHN CARROLL APT BLDG 1,792.00

140496 5/10/2021 1087 BAUER BUILT TIRE & SERVICE 1,089.60 TIRES FOR TK #326 86535 180269815 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,089.60

140497 5/10/2021 5978 BAUER SERVICES 4,205.00 BRIDGEPOINT SEWER LINE REPAIR 86536 04282021-2044 50606.6371 REPAIRS & MAINT CONTRACTUAL SEWER UTILITY 4,065.00 BRIDGEPOINT SEWER LINE REPAIR 86537 04282021-2045 50606.6371 REPAIRS & MAINT CONTRACTUAL SEWER UTILITY 8,270.00

140498 5/10/2021 1173 CDW GOVERNMENT INC 999.17 LAPTOP 86613 C048571 40407.6571 COMPUTER HARDWARE EQUIPMENT ACQUISITION F 1,658.81 LAPTOP 86614 C017073 40407.6571 COMPUTER HARDWARE EQUIPMENT ACQUISITION F 2,657.98

140499 5/10/2021 4887 CENGAGE LEARNING INC - GALE 24.79 ADULT NONFICTION BOOKS 86538 74172377 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 24.79

140500 5/10/2021 11503 CHOPCHOP FAMILY, INC. 20.95 1 YR SUBSCRIPTION RENEWAL 86539 3773 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 20.95

140501 5/10/2021 1184 CINTAS CORPORATION #754 31.42 UNIFORMS FOR MECHANICS 86540 4082775138 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 31.42 UNIFORMS FOR MECHANICS 86541 4082115246 60703.6245 CLOTHING ALLOWANCE CENTRAL GARAGE FUND 62.84

140502 5/10/2021 2884 COMCAST 221.09 JC INTERNET SERVICE 86615 877210595030637 50678.6385 UTILITY SERVICE JOHN CARROLL APT BLDG 9 4/22/21 396.76 NM INTERNET SERVICE 86616 877210789000592 50677.6385 UTILITY SERVICE NAN MCKAY APT BLDG 1 4/14/21 617.85 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140503 5/10/2021 5188 COOPER MECHANICAL LLC Continued... 300.00 INSTALL MOP SINK FAUCET&DRAIN 86542 709 10330.6220 REPAIR & MAINTENANCE SUPPLIES BUILDINGS 300.00 INSTALL MOP SINK FAUCET&DRAIN 86542 709 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 600.00

140504 5/10/2021 1219 CRAWFORD DOOR SALES COMPANY 60.00 HANDLES FOR TRASH CANS 86543 41709 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 60.00

140505 5/10/2021 8459 D. ERVASTI SALES CO., LLC 1,034.40 HILLTOPER CLAY 86617 14999 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 1,034.40

140506 5/10/2021 1248 DAKOTA COUNTY LIBRARY-EAGAN 223.75 COLLECTION SVCS 86544 4/16/2021 20230.6375 OTHER CONTRACTED SERVICES LIBRARY 3,235.77 SYMPHONY MAINT 86544 4/16/2021 20230.6375 OTHER CONTRACTED SERVICES LIBRARY 3,459.52

140507 5/10/2021 1250 DAKOTA COUNTY PROPERTY RECORDS 9,115.00 TIF MAINTENANCE 180114 86618 2020 TIF MYNCE 40490.6430 MISCELLANEOUS CONCORD TIF 672.50 TIF MAINTENANCE 180112 86618 2020 TIF MYNCE 40491.6430 MISCELLANEOUS STOCKYARDS TIF 1,525.00 TIF MAINTENANCE 180107 86618 2020 TIF MYNCE 40492.6430 MISCELLANEOUS 4TH AVE VILLAGE TIF 11,312.50

140508 5/10/2021 1251 DAKOTA COUNTY PROPERTY TAXATION & RECORD 15,421.50 110 BRIDGEPOINT COURT 86545 2021 TAXES 1ST 40490.6430 MISCELLANEOUS CONCORD TIF HALF 1,964.03 136 GRAND AVE E 86546 2021 TAXES 1ST 40490.6430 MISCELLANEOUS CONCORD TIF HALF 1,527.79 DAK CTY TECH COLLEGE 86547 2021 TAXES 1ST 40490.6430 MISCELLANEOUS CONCORD TIF HALF 616.74 135 GRAND AVE E 86548 2021 TAXES 1ST 40490.6430 MISCELLANEOUS CONCORD TIF HALF 13,760.00 139 GRAND AVE E 86549 2021 TAXES 1ST 40490.6430 MISCELLANEOUS CONCORD TIF HALF 33,290.06

140509 5/10/2021 1276 DELEGARD TOOL CO 189.31 DUEL WHEEL SEPERATOR 86550 2042/1 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 205.85 EXT CORD REELS 86551 19641/1 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 395.16 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140509 5/10/2021 1276 DELEGARD TOOL CO Continued...

140510 5/10/2021 5592 FRATTALONE'S DAWNWAY LLLP 6.00 DISPOSAL OF CLEAN CONCRETE 86619 2103099 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 6.00

140511 5/10/2021 1452 GALLS LLC 99.99 BOOTS 86620 0180759121 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 99.99

140512 5/10/2021 1473 GERTEN GREENHOUSES 2 263.60 GREEN LOON LAWN SEEDING SOIL 86552 84410/6 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 263.60 GREEN LOON SEEDING SOIL 86553 84421/6 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 557.80 JRK ULTRA SUNNY LAWN SEED 86554 84459/6 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 161.98 36" AXE SUPER SPLIT W/SHEATH 86555 84485/6 10320.6240 MINOR EQUIPMENT AND FURNITURE PUBLIC WORKS 197.70 GREEN LOON LAWN SEEDING SOIL 86556 84624/6 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 197.70 GREEN LOON LAWN SEEDING SOIL 86557 84655/6 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 1,642.38

140513 5/10/2021 11427 GOOD SAMARITAN SOCIETY - INVER GROVE HTS 202.43 BERGUM MAR 21 86624 2659 50671.6375 OTHER CONTRACTED SERVICES CHSP PROGRAM 202.43 MINCHER MAR 21 86625 2657 50671.6375 OTHER CONTRACTED SERVICES CHSP PROGRAM 202.43 JOHNSON MAR 21 86626 2660 50671.6375 OTHER CONTRACTED SERVICES CHSP PROGRAM 607.29

140514 5/10/2021 11834 GUARDIAN SUPPLY LLC 149.97 SHIRTS 86558 8869 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 268.95 NAME TAPE & SHIRTS 86559 8896 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 10.00 NAME TAPE 86560 8897 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 20.00 NAME TAPE 86561 8898 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 356.93 NAME TAPE/SHIRT/BOOTS&GEAR 86562 8899 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 79.99 PANTS 86563 8900 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 24.99 FLASHLIGHT BATTERY 86564 8901 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 39.99 EARPIECE 86565 8902 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 47.98 FLASHLIGHT HOLDERS 86566 8903 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 307.95 FLASHLIGHT VEST GEAR HOLDERS 86567 89005 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 169.98 NAME TAPE/PANTS/SHIRT 86568 8912 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 376.95 SHIRT/PANT/EMBROIDERY&NAMETAPE 86569 8930 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 25.99 MAGAZINE POUCH 86621 8992 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 64.46 LACES/CUFF KEY & GLOVES 86622 8993 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 20.00 EMBROIDERY 86623 9034 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140514 5/10/2021 11834 GUARDIAN SUPPLY LLC Continued... 1,964.13

140515 5/10/2021 1546 HANCO CORPORATION 137.98 VALVE EXTENSIONS 86570 568821 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 137.98

140516 5/10/2021 6678 HD SUPPLY FACILITIES MAINTENANCE , LTD 138.33 NM PLUNGER/TRASH BAGS&TOWELS 86571 9190931068 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 277.77 NM PLUNGER/TRASH BAGS&TOWELS 86571 9190931068 50677.6211 CLEANING SUPPLIES NAN MCKAY APT BLDG 196.76 JC TRASH BAGS 86572 9190861273 50678.6211 CLEANING SUPPLIES JOHN CARROLL APT BLDG 9.34- RETURNED DUST MOP 86573 9190861274 50678.6211 CLEANING SUPPLIES JOHN CARROLL APT BLDG 203.96 NM SMOKE/CO ALARM 86574 9191008396 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 807.48

140517 5/10/2021 11630 HONEST HISTORY 62.99 1 YR SUBSCRIPTION RENEWAL 86575 6442 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 62.99

140518 5/10/2021 6626 INDELCO PLASTICS CORPORATION 23.92 POLYPRP CAMLOCK COUPLERS 86576 INV251123 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 23.92

140519 5/10/2021 12720 JONEE, NAGEEB 114.00 JC MOVE OUT UNIT 1110 86577 4/30/2021 50678.1101 ACCOUNTS RECEIVABLE JOHN CARROLL APT BLDG 114.00

140520 5/10/2021 1740 KIMLEY-HORN AND ASSOCIATES, INC. 28,355.43 CONCORD ST FD THRU 3/31/2021 86627 18681412 40432.6530 201611 IMPR OTHER THAN BUILDING 2016 LOCAL IMPROVEMENTS 28,355.43

140521 5/10/2021 1774 KRIER, DEB 30.24 JANUARY 86578 4/30/2021 10320.6331 CONFERENCES, TRAINING, TRAVEL PUBLIC WORKS 30.24 FEBRUARY 86578 4/30/2021 10320.6331 CONFERENCES, TRAINING, TRAVEL PUBLIC WORKS 38.64 MARCH 86578 4/30/2021 10320.6331 CONFERENCES, TRAINING, TRAVEL PUBLIC WORKS 31.92 APRIL 86578 4/30/2021 10320.6331 CONFERENCES, TRAINING, TRAVEL PUBLIC WORKS 131.04

140522 5/10/2021 12841 LUCAS, DARLENE 145.16 JC MOVE OUT UNIT 1004 86579 4/21/2021 50678.1101 ACCOUNTS RECEIVABLE JOHN CARROLL APT BLDG 145.16 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140522 5/10/2021 12841 LUCAS, DARLENE Continued...

140523 5/10/2021 12843 MCCARD, CAROLINE 50.00 RESIDENT ADULT 10PP REFUND 86628 201147 20250.4541 CSCC MEMBERSHIPS CENTRAL SQUARE 3.56 CSCC 86628 201147 20250.2081 DUE TO OTHER GOVT-SALES CENTRAL SQUARE 53.56

140524 5/10/2021 5582 METRO PRODUCTS INC 343.00 1" HEATER HOSE 86629 158829 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 343.00

140525 5/10/2021 1926 METROPOLITAN COUNCIL ENVIRONMENT SVCS 425.00 PERMIT FEE FOR VACTOR 86630 0001123278 50606.6302 PROFESSIONAL SERVICES SEWER UTILITY 425.00

140526 5/10/2021 12813 METROPOLITAN MECHANIAL CONTRACTORS, INC 1,649.71 JC REPAIR ROOF EXHUAT FAN 86580 205126781 50678.6371.080 MTNCE-PLUMBING JOHN CARROLL APT BLDG 1,649.71

140527 5/10/2021 1949 MIDWEST TAPE 59.98 AUDIOBOOKS 86581 500317480 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 89.98 AUDIOBOOKS 86582 500317483 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 84.98 AUDIOBOOKS 86583 500345926 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 39.99 AUDIOBOOKS 86584 500345928 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 130.99 DVDS PROCESSING 86585 500304089 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 9.89 CDS 86586 500317481 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 415.81

140528 5/10/2021 9298 NAPA NEWPORT 87.84 NAPA GOLD OIL FILTERS 86587 2514-924024 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 87.84

140529 5/10/2021 12839 NILLES BUILDERS 1,000.00 ESCROW REFUND 725 8TH A GARAGE 86588 SSO30642 40410.2205 DEPOSITS LOCAL IMPROVEMENT CONST 1,000.00

140530 5/10/2021 2166 O'REILLY AUTO PARTS 53.81 OIL AND AIR FILTERS 86589 1767-142629 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 53.81

140531 5/10/2021 2752 RDO EQUIPMENT CO. R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140531 5/10/2021 2752 RDO EQUIPMENT CO. Continued... 998.98 NOZZLE/ROD/WAHERS/GASKET 86590 W5725601 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,330.00 LABOR TO REPAIR SWEEPER 86590 W5725601 60703.6371 REPAIRS & MAINT CONTRACTUAL CENTRAL GARAGE FUND 2,328.98

140532 5/10/2021 1636 RICOH USA, INC. 36.06 COPIER USAGE APR 2021 86631 5061905499 10520.6378 COPIER MAINTENANCE AGREEMENT PARKS ADMINISTRATION 324.43 COPIER USAGE APR 2021 86631 5061905499 10160.6378 COPIER MAINTENANCE AGREEMENT INFORMATION TECHNOLOGY 67.84 COPIER USAGE APR 2021 86631 5061905499 10315.6378 COPIER MAINTENANCE AGREEMENT ENGINEERING 32.17 COPIER USAGE APR 2021 86631 5061905499 10320.6378 COPIER MAINTENANCE AGREEMENT PUBLIC WORKS 66.36 COPIER USAGE APR 2021 86631 5061905499 10210.6378 COPIER MAINTENANCE AGREEMENT POLICE PROTECTION 13.11 COPIER USAGE APR 2021 86631 5061905499 20243.6378 COPIER MAINTENANCE AGREEMENT DOUG WOOG ARENA 11.00 COPIER USAGE APR 2021 86631 5061905499 20245.6378 COPIER MAINTENANCE AGREEMENT AIRPORT 36.06 COPIER USAGE APR 2021 86631 5061905499 20250.6378 COPIER MAINTENANCE AGREEMENT CENTRAL SQUARE 587.03

140533 5/10/2021 5537 SAFE-FAST INC 184.80 HI-VIS MESH BACK GLOVES 86591 INV244593 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 184.80 HI-VIS MESH BACK GLOVES 86591 INV244593 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 184.80 HI-VIS MESH BACK GLOVES 86591 INV244593 50605.6220 REPAIR & MAINTENANCE SUPPLIES WATER UTILITY 554.40

140534 5/10/2021 2389 SAINT PAUL PUBLISHING COMPANY 51.27 NM SSP VOICE AD APR 21 86592 30121 50677.6341 ADVERTISING NAN MCKAY APT BLDG 51.26 JC SSP VOICE AD APR 21 86592 30121 50678.6341 ADVERTISING JOHN CARROLL APT BLDG 102.53

140535 5/10/2021 12840 SCHWANTES-KLEVEN, AUSTIN 50.00 ALCOHOL AND TOBACCO COMPLIANCE 86593 4/29/2021 10210.6430 MISCELLANEOUS POLICE PROTECTION 50.00

140536 5/10/2021 2632 SHERWIN-WILLIAMS CO., THE 196.10 SPRAY SHIELD/CABLE TURF LINER 86596 3731-0 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 196.10

140537 5/10/2021 2633 SHERWIN-WILLIAMS CO., THE 252.76 JC PAINT FOR TURNS 86594 3839-5 50678.6371.060 MTNCE-UNIT TURNAROUND JOHN CARROLL APT BLDG 32.59 NM PAINT FOR TURNS 86595 8578-6 50677.6371.060 MTNCE-UNIT TURNAROUND NAN MCKAY APT BLDG 285.35

140538 5/10/2021 2505 SOUTH EAST TOWING INC R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140538 5/10/2021 2505 SOUTH EAST TOWING INC Continued... 100.00 TOW FEE 86597 227266 10210.6371 REPAIRS & MAINT CONTRACTUAL POLICE PROTECTION 100.00 TOW FEE 86598 225665 10210.6371 REPAIRS & MAINT CONTRACTUAL POLICE PROTECTION 200.00

140539 5/10/2021 2558 STATE INDUSTRIAL PRODUCTS 261.78 JC OVEN CLEANER 86599 901955363 50678.6211 CLEANING SUPPLIES JOHN CARROLL APT BLDG 125.38 NM AIR CARE PROGRAM 86600 901962972 50677.6211 CLEANING SUPPLIES NAN MCKAY APT BLDG 266.88 JC DRAIN MAINTENANCE PROGRAM 86601 901961824 50678.6211 CLEANING SUPPLIES JOHN CARROLL APT BLDG 654.04

140540 5/10/2021 12141 SURFACE SPECIALIST METRO, MN LLC 415.00 JC REPAIR WALL 86602 23270 50678.6371.060 MTNCE-UNIT TURNAROUND JOHN CARROLL APT BLDG 415.00

140541 5/10/2021 4409 TECH LOGIC 742.00 RFID TAG,PACK/HANDLING/FREIGHT 86603 15009373 20230.6201 OFFICE SUPPLIES LIBRARY 30.00- DISCOUNT 86603 15009373 20230.6201 OFFICE SUPPLIES LIBRARY 712.00

140542 5/10/2021 2648 T-MOBILE 35.00 HOT SPOT 86632 487685314 10315.6390 POSTAGE AND TELEPHONE ENGINEERING 4/16/21 35.00

140543 5/10/2021 2655 TOTAL CONTROL SYSTEMS, INC. 588.90 REPAIR GRAND AV&GATE L 86604 9735 50610.6371 REPAIRS & MAINT CONTRACTUAL STORM WATER UTILITY 588.90

140544 5/10/2021 2664 TRACTOR SUPPLY CREDIT PLAN 23.16 7FT T-POSTS FOR GARDEN SITE 86605 350519 10340.6220 REPAIR & MAINTENANCE SUPPLIES PARKS FACILITIES AND MTNCE 23.16

140545 5/10/2021 6854 VALLEY IMAGES PHOTOGRAPHY 50.00 PHOTO 86606 3463 10210.6430 MISCELLANEOUS POLICE PROTECTION 50.00

140546 5/10/2021 2751 VERIZON WIRELESS 100.03 PW-IPAD 86633 9878236249 10320.6390 POSTAGE AND TELEPHONE PUBLIC WORKS 60.01 PW-PARKS IPAD 86633 9878236249 10340.6390 POSTAGE AND TELEPHONE PARKS FACILITIES AND MTNCE 113.78 ENG IPADS 86633 9878236249 10315.6390 POSTAGE AND TELEPHONE ENGINEERING R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140546 5/10/2021 2751 VERIZON WIRELESS Continued... 94.94 INSP HOT SPOT 86633 9878236249 10410.6390 POSTAGE AND TELEPHONE DEVELOPMENT SERVICES 40.01 CODE ENF 86633 9878236249 10420.6390 POSTAGE AND TELEPHONE LICENSING & CODE ENFORCEMENT 40.01 P&R SPLASH POOL 86633 9878236249 10527.6210 OPERATING SUPPLIES SPLASH POOL 40.01 P&R NV POOL 86633 9878236249 10528.6210 OPERATING SUPPLIES NORTHVIEW POOL 33.78 POLICE 4G MOBILE 86633 9878236249 10210.6390 POSTAGE AND TELEPHONE POLICE PROTECTION 80.02 AIRPORT FUEL 86633 9878236249 20245.6390 POSTAGE AND TELEPHONE AIRPORT 160.04 PW-WATER IPADS 86633 9878236249 50605.6390 POSTAGE AND TELEPHONE WATER UTILITY 40.01 PW-SAN SEWER NE LIFT 86633 9878236249 50606.6390 POSTAGE AND TELEPHONE SEWER UTILITY 80.22 PW-STORM LIFT 86633 9878236249 50610.6302 PROFESSIONAL SERVICES STORM WATER UTILITY 882.86

140547 5/10/2021 12842 WELLS, JIM 60.00 RETURN GARDEN PLOT #104/#116 86634 4/29/21 10520.4465 PARKS FACILITIES RENTAL PARKS ADMINISTRATION 4.28 CSCC 86634 4/29/21 10101.2081 DUE TO OTHER GOVT-SALES GENERAL FUND 64.28

140548 5/10/2021 6639 WHEELCO TRUCK & TRAILER PARTS 7.99 7-WAY BLADE STYLE POLY SOCKET 86607 INV30581 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 41.81 BREAKAWAY SYS W/ABCD CHARGER 86608 INV30582 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 49.80

140549 5/10/2021 2849 XCEL ENERGY 150.05 WOOG OFFICE SUITES 86609 729668512 20243.6385 UTILITY SERVICE DOUG WOOG ARENA 737.85 380 AIRPORT ROAD 86635 729666900 40421.6385 UTILITY SERVICE BRS BUILDING 225.33 ELEC CHARGES KAPOSIA LANDING 86637 729840518 10340.6385 UTILITY SERVICE PARKS FACILITIES AND MTNCE 1,113.23

140550 5/17/2021 5257 AL SERVICES LLC 6,918.00 REMOVE/REPLACE CONTROL CABINET 86681 0624-28 50615.6371 REPAIRS & MAINT CONTRACTUAL STREET LIGHT UTILITY 6,918.00

140551 5/17/2021 5747 ALLDATA 1,500.00 SOFTWARE PROGRAMMING 86737 378163 5/1/21 60703.6371 REPAIRS & MAINT CONTRACTUAL CENTRAL GARAGE FUND 1,500.00

140552 5/17/2021 9248 AMERICAN ENVIRONMENTAL LLC 1,000.00 CCTV INSPECTION STORM SEWER 86738 2092 50606.6371 REPAIRS & MAINT CONTRACTUAL SEWER UTILITY 1,000.00

140553 5/17/2021 12494 ARAMARK R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140553 5/17/2021 12494 ARAMARK Continued... 134.79 RUG RENTAL 86682 1005036607 10210.6220 REPAIR & MAINTENANCE SUPPLIES POLICE PROTECTION 134.79

140554 5/17/2021 9021 ATLAS STAFFING, INC. 448.00 NM CLEANER TEMP MARIA 86683 1300242 50677.6371.150 MTNCE-CLEANING CONTRACTS NAN MCKAY APT BLDG 448.00 JC CLEANER TEMP MARIA 86683 1300242 50678.6371.150 MTNCE-CLEANING CONTRACTS JOHN CARROLL APT BLDG 896.00

140555 5/17/2021 1090 BAYCOM, INC. 265.00 BWC CARRYING MOUNTS 86684 EQUIPINV_032668 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 225.00 BWC PAIRING DOCK 86685 EQUIPINV_032627 10210.6580 OTHER EQUIPMENT POLICE PROTECTION 490.00

140556 5/17/2021 2884 COMCAST 109.85 FOR WATER COMPUTER 86686 877210595017166 50605.6390 POSTAGE AND TELEPHONE WATER UTILITY 6 5/2/21 109.85

140557 5/17/2021 1226 CULLIGAN WATER 5.60 WELL #1 86739 157-13670001-6 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 4/30/21 5.60

140558 5/17/2021 10710 CURBSIDE LANDSCAPE & IRRIGATION 1,161.50 KAPOSIA LANDING 86652 227859 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 2,021.00 MCMORROW FIELD 86653 227860 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 450.00 MCGUIRE FIELD 86654 227861 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 750.00 KAPOSIA PARK 86655 227862 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 295.00 CONCORD EXCHANGE-BLVDS 86656 227863 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 346.00 JEFFERSON FIELD 86657 227864 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 1,107.00 LORRAINE PARK 86658 227865 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 LIBRARY & CITY HALL 86659 227866 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 140.00 GRANDVIEW PARK 86660 227867 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 300.00 HARMON PARK SOUTH 86661 227868 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 990.00 VETERANS FIELDS 86662 227869 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 LAWSHE PARK 86663 227870 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 130.00 SPRUCE PARK 86664 227871 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 PUMP HOUSE #3 86665 227872 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 243.00 23RD & BROMLEY 86666 227873 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 104.00 PUMP HOUSE #8 86667 227875 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140558 5/17/2021 10710 CURBSIDE LANDSCAPE & IRRIGATION Continued... 70.00 WOOG ARENA 86668 227876 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 WATER TOWER #4 86669 227877 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 GRAND/3RD AVE-BLVD 86670 227878 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 385.00 NORTHVIEW PARK 86671 227879 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 140.00 SOMONS REVINE TRAILHEAD 86672 227880 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 PUMP HOUSE #2 86673 227881 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 160.00 PUMP HOUSE #7 86674 227882 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 76.00 WATER TOWER #1 86675 227883 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 86.00 WATER TOWER #2 86676 227884 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 230.00 WATER TOWER #3 86677 227885 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 PUBLIC WORKS BLDG 86678 227886 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 243.00 CONVER TENNIS COURTS 86679 227887 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 70.00 PUMP HOUSE #1 86680 227888 10340.6371 REPAIRS & MAINT CONTRACTUAL PARKS FACILITIES AND MTNCE 9,987.50

140559 5/17/2021 1270 DCA TITLE 575.00 TITLE COMMITMENT FEE 86740 51689 20245.6302 PROFESSIONAL SERVICES AIRPORT 575.00 TITLE COMMITMENT FEE 86741 51687 20245.6302 PROFESSIONAL SERVICES AIRPORT 1,150.00

140560 5/17/2021 1279 DEMCO, INC. 80.35 BOOK COVERS 86742 6942906 20230.6201 OFFICE SUPPLIES LIBRARY 80.35

140561 5/17/2021 1326 EARL F. ANDERSEN, INC 54.85 SIGN FOR USED OIL 86743 0126170-IN 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 54.85

140562 5/17/2021 10808 ELFERING & ASSOCIATES, PLC 1,625.00 2/22-3/2 BUDGET ASSISTANCE 86687 2626 10315.6302 PROFESSIONAL SERVICES ENGINEERING 1,365.00 11/14-2/5/21 YARDS STORM CALC 86688 2627 10101.2205 100173 DEPOSITS GENERAL FUND 2,990.00

140563 5/17/2021 6669 FINN DANIELS, INC 7,644.55 JC PAINTING 86744 21001-03 50678.6560 229055 BUILDING FIXTURES AND IMPRS JOHN CARROLL APT BLDG 6,981.70 JC ROOF PROJECT 86745 21002-03 50678.6560 229056 BUILDING FIXTURES AND IMPRS JOHN CARROLL APT BLDG 14,626.25

140564 5/17/2021 4725 FIRST SUPPLY LLC - TWIN CITIES 26.99 FOLDING KNIFE 86746 3131188-00 50605.6240 MINOR EQUIPMENT AND FURNITURE WATER UTILITY R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140564 5/17/2021 4725 FIRST SUPPLY LLC - TWIN CITIES Continued... 322.13 COUPLINGS AND TUBE 86747 3131181-00 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 18.22 TAPE MEASURE 86747 3131181-00 50605.6240 MINOR EQUIPMENT AND FURNITURE WATER UTILITY 367.34

140565 5/17/2021 1444 FRONTIER AG & TURF 50.70 HYDRAULIC FILTER 86748 P70428 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 50.70

140566 5/17/2021 1445 FRONTIER PRECISION, INC. 107.00 PINK GLO PAINT 86749 231458 10315.6210 OPERATING SUPPLIES ENGINEERING 107.00

140567 5/17/2021 1473 GERTEN GREENHOUSES 2 529.30 FERTILIZER&WEED CONTROL 86750 83145/6 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 125.70 FERTILIZER 86751 83826/6 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 655.00

140568 5/17/2021 1485 GLOBE PRINTING & OFFICE SUPPLIES INC 132.10 #10 REGULAR ENVELOPES 86689 77710J 10420.6201 OFFICE SUPPLIES LICENSING & CODE ENFORCEMENT 132.10

140569 5/17/2021 5590 GOODYEAR TIRE & RUBBER CO. 1,201.76 TIRES/POLICE VEHICLES 86752 124-1101314 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,201.76

140570 5/17/2021 1505 GRAINGER 226.60 DOOR CLOSER 86753 9875731300 20230.6220 REPAIR & MAINTENANCE SUPPLIES LIBRARY 23.96 BUNG ADAPTER 86754 9878869602 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 250.56

140571 5/17/2021 5857 GREATAMERICA FINANCIAL SERVICES 144.95 POSTAGE MACHINE RENT APR 21 86755 29021276 10150.6371 REPAIRS & MAINT CONTRACTUAL FINANCE 144.95

140572 5/17/2021 6660 HAMERNICK DECORATING CENTER 1,001.45 JC REMOVE REPLACE CARPET 86756 CG113603 50678.6371.060 MTNCE-UNIT TURNAROUND JOHN CARROLL APT BLDG 1,488.50 NM REMOVE CARPET & VINYL 86757 CG114683 50677.6371.060 MTNCE-UNIT TURNAROUND NAN MCKAY APT BLDG 1,338.05 NM NEW CARPET & VINYL 86758 CG114679 50677.6371.060 MTNCE-UNIT TURNAROUND NAN MCKAY APT BLDG 1,488.50 NM REMOVE CARPET & VINYL 86759 CG115033 50677.6371.060 MTNCE-UNIT TURNAROUND NAN MCKAY APT BLDG 1,488.50 NM REMOVE CARPET & VINYL 86760 CG115036 50677.6371.060 MTNCE-UNIT TURNAROUND NAN MCKAY APT BLDG R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140572 5/17/2021 6660 HAMERNICK DECORATING CENTER Continued... 140.00 JC CARPET REPAIR 86761 CG113741 50678.6371.110 MTNCE-CONTRACTS JOHN CARROLL APT BLDG 6,945.00

140573 5/17/2021 7581 HARTFORD, THE 1,916.18 LTD 86781 110684780376 10101.2177 LONG-TERM DISABILITY GENERAL FUND 12.80- RETRO ADJUSTMENT 86781 110684780376 10101.2177 LONG-TERM DISABILITY GENERAL FUND 1,404.05 LIFE BASIC & VOLUNTARY 86781 110684780376 10101.2178 LIFE INSURANCE GENERAL FUND 1.20 RETRO ADJUSTMENT 86781 110684780376 10101.2178 LIFE INSURANCE GENERAL FUND 154.53 CRITICAL ILLNESS 86781 110684780376 10101.2183 HARTFORD CRITICAL ILLNESS GENERAL FUND 5.64- RETRO ADJUSTMENT 86781 110684780376 10101.2183 HARTFORD CRITICAL ILLNESS GENERAL FUND 123.35 ACCIDENT COVERAGE 86781 110684780376 10101.2184 HARTFORD ACCIDENT POLICY GENERAL FUND 745.58 SHORT TERM DISABILITY 86781 110684780376 10101.2185 SHORT TERM DISABILITY GENERAL FUND 26.39- RETRO ADJUSTMENT 86781 110684780376 10101.2185 SHORT TERM DISABILITY GENERAL FUND 4,300.06

140574 5/17/2021 1560 HEALTHPARTNERS 121,042.35 HEALTH PREMUIMS JUNE 2021 86782 104938217 10101.2176 HOSPITALIZATION/MED INSURANCE GENERAL FUND 811.84 RETRO ADJUSTMENT (MAY 21) 86782 104938217 10101.2176 HOSPITALIZATION/MED INSURANCE GENERAL FUND 22.00 FSA ADMIN FEE 86782 104938217 10150.6375 OTHER CONTRACTED SERVICES FINANCE 1,038.24 DENTAL PREMIUMS 86782 104938217 60709.6302 PROFESSIONAL SERVICES SELF-INSURED DENTAL 10.08 RETRO ADJUSTMENT (MAY 21) 86782 104938217 60709.6302 PROFESSIONAL SERVICES SELF-INSURED DENTAL 122,924.51

140575 5/17/2021 1605 HORNBOOK MAGAZINE 49.00 1 YR SUBSCRIPTION RENEWAL 86762 5/1/2021 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 49.00

140576 5/17/2021 1615 HUEBSCH OF MINNESOTA 34.20 NM-BRUSHMATS APR 21 86690 200770105 50677.6371.150 MTNCE-CLEANING CONTRACTS NAN MCKAY APT BLDG 34.20 NM-BRUSHMATS APR 21 86691 20071483 50677.6371.150 MTNCE-CLEANING CONTRACTS NAN MCKAY APT BLDG 34.20 NM-BRUSHMATS APR 21 86692 20072847 50677.6371.150 MTNCE-CLEANING CONTRACTS NAN MCKAY APT BLDG 34.20 NM-BRUSHMATS APR 21 86693 200774207 50677.6371.150 MTNCE-CLEANING CONTRACTS NAN MCKAY APT BLDG 34.20 NM-BRUSHMATS APR 21 86694 20075582 50677.6371.150 MTNCE-CLEANING CONTRACTS NAN MCKAY APT BLDG 50.33 JC BRUSHMATS APR 21 86695 200770106 50678.6371.150 MTNCE-CLEANING CONTRACTS JOHN CARROLL APT BLDG 50.33 JC BRUSHMATS APR 21 86696 20071484 50678.6371.150 MTNCE-CLEANING CONTRACTS JOHN CARROLL APT BLDG 50.33 JC BRUSHMATS APR 21 86697 20072848 50678.6371.150 MTNCE-CLEANING CONTRACTS JOHN CARROLL APT BLDG 50.33 JC BRUSHMATS APR 21 86698 20074208 50678.6371.150 MTNCE-CLEANING CONTRACTS JOHN CARROLL APT BLDG 50.33 JC BRUSHMATS APR 21 86699 20075583 50678.6371.150 MTNCE-CLEANING CONTRACTS JOHN CARROLL APT BLDG 12.72 ENG MAT 86700 20071485 10315.6210 OPERATING SUPPLIES ENGINEERING 12.72 ADMIN MAT 86700 20071485 10120.6210 OPERATING SUPPLIES CITY ADMINISTRATION R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140576 5/17/2021 1615 HUEBSCH OF MINNESOTA Continued... 12.72 LICENSING/CODE MAT 86700 20071485 10420.6210 OPERATING SUPPLIES LICENSING & CODE ENFORCEMENT 12.70 EDA MAT 86700 20071485 20260.6381 OTHER RENTALS HOUSING GENERAL 473.51

140577 5/17/2021 3686 IMPACT PROVEN SOLUTIONS 1,261.37 MAIL PROCESS APRIL 86763 152753 50600.6375 OTHER CONTRACTED SERVICES UTILITY ADMINISTRATION 1,261.37

140578 5/17/2021 1650 INGRAM LIBRARY SERVICES 534.15 ANF-ADULT NONFICTION BOOKS 86805 52216057 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 29.81 ANF-ADULT NONFICTION BOOKS 86806 52331953 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 265.63 ANF-ADULT NONFICTION BOOKS 86807 52449717 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 29.99 ANF-ADULT NONFICTION BOOKS 86808 52488500 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 43.16 AF-ADULT FICTION BOOKS 86809 52216055 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 21.55 AF-ADULT FICTION BOOKS 86810 52256359 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 3.15 AF-ADULT FICTION BOOKS 86811 52256360 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 12.53- AF-ADULT FIC BK CREDIT 5158038 86813 52324750 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 278.81 AF-ADULT FICTION BOOKS 86814 52331951 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 205.58 AF-ADULT FICTION BOOKS 86815 52384273 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 41.96 AF-ADULT FICTION BOOKS 86816 52411083 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 567.82 AF-ADULT FICTION BOOKS 86817 52498633 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 23.16 AF-ADULT FICTION BOOKS 86818 52525557 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 584.38 AF-ADULT FICTION BOOKS 86819 52682551 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 8.17 C-CHILDRENS BOOKS 86820 52216056 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 197.49 C-CHILDERNS BOOKS 86821 52331952 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 95.81 C-CHILDRENS BOOKS 86822 52449716 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 2,918.09

140579 5/17/2021 6398 INNOVATIVE OFFICE SOLUTIONS LLC 250.19 NM OFFICE SUPPLIES 86764 IN3328396 50677.6201 OFFICE SUPPLIES NAN MCKAY APT BLDG 92.12 JC OFFICE SUPPLIES 86765 IN3326881 50678.6201 OFFICE SUPPLIES JOHN CARROLL APT BLDG 342.31

140580 5/17/2021 1667 INVER GROVE FORD 517.12 BREAK LININGS/ROTOR ASY 86766 5299195 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 517.12 FRONT&REAR BREAK ROTORS&PADS 86767 5299242 60703.6220 REPAIR & MAINTENANCE SUPPLIES CENTRAL GARAGE FUND 1,034.24

140581 5/17/2021 1718 KAPOSIA CONVENIENCE CENTER CORP 6.50 CAR WASH 86701 5232 10210.6210 OPERATING SUPPLIES POLICE PROTECTION R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140581 5/17/2021 1718 KAPOSIA CONVENIENCE CENTER CORP Continued... 6.50

140582 5/17/2021 1719 KAPOSIA TREE SERVICE 900.00 REMOVE ASH TREE 212 14TH AV S 86702 05062021 10320.6302 PROFESSIONAL SERVICES PUBLIC WORKS 900.00

140583 5/17/2021 7927 KENNEDY & GRAVEN, CHARTERED 365.95 CONCORD ST THRU 3-31 SPEEDWAY 86768 160581 40432.6302 201611 PROFESSIONAL SERVICES 2016 LOCAL IMPROVEMENTS 365.95

140584 5/17/2021 1740 KIMLEY-HORN AND ASSOCIATES, INC. 884.03 MAR 21 MCES STOCKPILE CONST PH 86703 18586522 40490.6302 201819 PROFESSIONAL SERVICES CONCORD TIF 884.03

140585 5/17/2021 7262 KODIAK POWER SYSTEMS, INC. 925.00 CITY HALL 86769 KPS0717 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 657.00 WELL #1 86769 KPS0717 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 767.00 WELL #4 86769 KPS0717 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 547.00 WELL #5 86769 KPS0717 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 402.87 17TH AVE N RESERVOIR 86769 KPS0717 50605.6371 REPAIRS & MAINT CONTRACTUAL WATER UTILITY 547.00 WATEROUS LIFT STATION 86769 KPS0717 50606.6371 REPAIRS & MAINT CONTRACTUAL SEWER UTILITY 547.00 NORTH END LIFT STATION 86769 KPS0717 50606.6371 REPAIRS & MAINT CONTRACTUAL SEWER UTILITY 547.00 GATE L 86769 KPS0717 50610.6371 REPAIRS & MAINT CONTRACTUAL STORM WATER UTILITY 4,939.87

140586 5/17/2021 7503 KWIK TRIP, INC. 202.43 FUEL AIRPORT APRIL 86704 4/20/21 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 8,500.40 FUEL PUBLICWORKS/POLICE/ENG 86704 4/20/21 60703.6210 OPERATING SUPPLIES CENTRAL GARAGE FUND 8,702.83

140587 5/17/2021 11325 M&B SERVICES INC. 76.00 REFUND S/W CONNECT PERMIT 86705 SS033413 10420.4270 PLUMBING LICENSING & CODE ENFORCEMENT 1.00 STATE SURCHARGE 86705 SS033413 10101.2083 SURCHARGES GENERAL FUND 5.00- ADMIN FEE 86705 SS033413 10420.4493 OTHER CHARGE FOR SERVICE - COM LICENSING & CODE ENFORCEMENT 72.00

140588 5/17/2021 6681 MANN'S SOFTENER SALT DELIVERY 228.85 NM SOLAR SALT 86706 4/30/21 NM 50677.6220 REPAIR & MAINTENANCE SUPPLIES NAN MCKAY APT BLDG 274.15 JC SOLAR SALT 86707 4/30/21 JC 50678.6220 REPAIR & MAINTENANCE SUPPLIES JOHN CARROLL APT BLDG 503.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140588 5/17/2021 6681 MANN'S SOFTENER SALT DELIVERY Continued...

140589 5/17/2021 1900 MCMULLEN INSPECTING, INC. 1,078.36 ELECTRICAL FEES APRIL 2021 86708 4/30/21 10410.6302 PROFESSIONAL SERVICES DEVELOPMENT SERVICES 1,078.36

140590 5/17/2021 6712 MIDWEST LIGHTING PRODUCTS 224.07 JC LIGHT BULBS 86770 00071136 50678.6220 REPAIR & MAINTENANCE SUPPLIES JOHN CARROLL APT BLDG 224.07

140591 5/17/2021 2052 MOTHER EARTH NEWS 14.95 1 YR SUBSCRIPTION RENEWAL 86771 4/26/2021 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 14.95

140592 5/17/2021 2089 NATIONAL GEOGRAPHIC 24.00 1 YR SUBSCRIPTION RENEWAL 86772 3/12/2021 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 24.00

140593 5/17/2021 6023 NET TRANSCRIPTS, INC. 111.80 TRANSCRITION 86773 NT3352 10210.6302 PROFESSIONAL SERVICES POLICE PROTECTION 111.80

140594 5/17/2021 2240 PLUNKETT'S PEST CONTROL, INC. 79.07 PEST CONTROL COMPOST 86710 7039763 10320.6371 REPAIRS & MAINT CONTRACTUAL PUBLIC WORKS 103.42 PEST CONTROL CITY HALL 86711 7047677 10330.6371 REPAIRS & MAINT CONTRACTUAL BUILDINGS 162.24 PEST CONTROL PUBLIC WORKS 86712 7039762 10320.6371 REPAIRS & MAINT CONTRACTUAL PUBLIC WORKS 50.00 NM MONTHLY CONTRACT FEE APR21 86713 7037955 50677.6371.090 MTNCE-EXTERMINATION NAN MCKAY APT BLDG 50.00 JC MONTHLY CONTRACT FEE APR 21 86714 7037956 50678.6371.090 MTNCE-EXTERMINATION JOHN CARROLL APT BLDG 100.00 NM COMM RM LIGHT 86715 7027899 50677.6371.090 MTNCE-EXTERMINATION NAN MCKAY APT BLDG 55.00 JC APT 312 86716 7010311 50678.6371.090 MTNCE-EXTERMINATION JOHN CARROLL APT BLDG 130.00 JC APT 403/405/406/404 86717 7015416 50678.6371.090 MTNCE-EXTERMINATION JOHN CARROLL APT BLDG 550.00 JC APT 404 86718 7020854 50678.6371.090 MTNCE-EXTERMINATION JOHN CARROLL APT BLDG 70.00 JC APT 306 86719 7041644 50678.6371.090 MTNCE-EXTERMINATION JOHN CARROLL APT BLDG 15.00 JC APT 306 86720 7044478 50678.6371.090 MTNCE-EXTERMINATION JOHN CARROLL APT BLDG 1,364.73

140595 5/17/2021 11848 RAVELING COMPANIES, LLC 1,180.00 RUBBER SNOWPUSHER BLADE 86774 5076 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 1,380.00 SNOWPUSHER SHOES 86775 5142 20245.6220 REPAIR & MAINTENANCE SUPPLIES AIRPORT 2,560.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140596 5/17/2021 7455 REPUBLIC SERVICES Continued... 1,718.89 PUBLIC WORKS 86721 0923-004628948 10320.6379 CONT SERV/REFUSE & SANITATION PUBLIC WORKS 213.10 CITY HALL 86721 0923-004628948 10330.6379 CONT SERV/REFUSE & SANITATION BUILDINGS 210.93 KAPOSIA PARK 86721 0923-004628948 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 473.34 LORRIANE PARK/POOL 86721 0923-004628948 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 473.34 NORTHVIEW POOL 86721 0923-004628948 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 210.76 MCMORROW FIELD 86721 0923-004628948 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 306.95 COMPOST SITE 86721 0923-004628948 10170.6379 CONT SERV/REFUSE & SANITATION RECYCLING PROGRAM 175.17 GARDEN SITE 86721 0923-004628948 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 249.04 KAPOSIA LANDING 86721 0923-004628948 10340.6379 CONT SERV/REFUSE & SANITATION PARKS FACILITIES AND MTNCE 99.58 LIBRARY 86721 0923-004628948 20230.6379 CONT SERV/REFUSE & SANITATION LIBRARY 425.53 WOOG ARENA 86721 0923-004628948 20243.6379 CONT SERV/REFUSE & SANITATION DOUG WOOG ARENA 86.38 AIRPORT 86721 0923-004628948 20245.6379 CONT SERV/REFUSE & SANITATION AIRPORT 4,643.01

140597 5/17/2021 1636 RICOH USA, INC. 36.36 B & W AND COLOR COPIES 86722 5061867321 20230.6378 COPIER MAINTENANCE AGREEMENT LIBRARY 97.05 B & W AND COLOR COPIES 86723 5061905490 10410.6378 COPIER MAINTENANCE AGREEMENT DEVELOPMENT SERVICES 97.04 B & W AND COLOR COPIES 86723 5061905490 20260.6378 COPIER MAINTENANCE AGREEMENT HOUSING GENERAL 95.61 B & W AND COLOR COPIES 86723 5061905490 20280.6378 COPIER MAINTENANCE AGREEMENT ECON DEV GENERAL 326.06

140598 5/17/2021 11845 SATIN TOUCH, INC. 225.00 NM REPAIR 8TH FLOOR HALLWAY 86776 1041019 50677.6371.120 MTNCE-MISCELLANEOUS NAN MCKAY APT BLDG 225.00

140599 5/17/2021 2632 SHERWIN-WILLIAMS CO., THE 2,792.00 CROSSWALK PAINT 86729 2028-4 10320.6220 REPAIR & MAINTENANCE SUPPLIES PUBLIC WORKS 2,792.00

140600 5/17/2021 2558 STATE INDUSTRIAL PRODUCTS 213.90 JC FRAGRANCE BURST 86730 901970940 50678.6211 CLEANING SUPPLIES JOHN CARROLL APT BLDG 213.90

140601 5/17/2021 2614 TASTE OF HOME 10.00 2 YR SUBSCRIPTION RENEWAL 86777 4/20/2021 20230.6230 BOOKS, MATERIALS & PERIODICALS LIBRARY 10.00

140602 5/17/2021 6722 TOP NOTCH SEWER & DRAIN CLEANING, INC 190.00 JC CLOGGED URINAL 1ST FL 86731 2100961 50678.6371.080 MTNCE-PLUMBING JOHN CARROLL APT BLDG 190.00 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140602 5/17/2021 6722 TOP NOTCH SEWER & DRAIN CLEANING, INC Continued...

140603 5/17/2021 2665 TRANS UNION LLC 85.00 BASIC SERVICE AND REPORTS 86732 04138706 10210.6302 PROFESSIONAL SERVICES POLICE PROTECTION 85.00

140604 5/17/2021 6710 USA SECURITY 30.00 JC MAY & JUN MONTHLY SERVICE 86733 12401759 50678.6375.3 OTHER CONTR SVCS-SECURITY JOHN CARROLL APT BLDG 3,108.23 JC FINAL INVOICE/#3 CAMERA 86734 33006 50678.6375.3 OTHER CONTR SVCS-SECURITY JOHN CARROLL APT BLDG 3,138.23

140605 5/17/2021 5864 VERIZON WIRELESS 26.02 AIR CARD 86735 9878661064 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 26.02

140606 5/17/2021 6855 WESTERN CONSTRUCTION INC. 1,000.00 ESCROW REFUND 548 7TH AVE S 86736 SS032192 40410.2205 DEPOSITS LOCAL IMPROVEMENT CONST 1,000.00

140607 5/17/2021 2844 WSB & ASSOC INC 1,340.33 GIS INS APPLICATION 86778 R-017719-000-1 50605.6302 PROFESSIONAL SERVICES WATER UTILITY 1,340.34 GIS INS APPLICATION 86778 R-017719-000-1 50606.6302 PROFESSIONAL SERVICES SEWER UTILITY 1,340.33 GIS INS APPLICATION 86778 R-017719-000-1 50610.6302 PROFESSIONAL SERVICES STORM WATER UTILITY 23,490.50 SEIDLS LAKE & 4TH ST MAR 21 86779 R-017647-000-2 50610.6530 201815 IMPR OTHER THAN BUILDING STORM WATER UTILITY 42.50 BTHREE SWPPP APRIL 21 86780 R-010526-000-42 10101.2205 100140 DEPOSITS GENERAL FUND 85.00 DANNER-VERDEROSA-SWPPP APR 21 86780 R-010526-000-42 10101.2205 100101 DEPOSITS GENERAL FUND 212.50 TWIN CITY HIDE-SWPPP APRIL 21 86780 R-010526-000-42 10101.2205 100114 DEPOSITS GENERAL FUND 42.50 AVM GROUP-APR 21 (1/2 TO CITY) 86780 R-010526-000-42 10101.2205 100166 DEPOSITS GENERAL FUND 42.50 BREMER-SWPPP APRIL 21 86780 R-010526-000-42 10101.2205 100180 DEPOSITS GENERAL FUND 1,361.25 MS4 PERMIT REISSUE&TMDL ASSESS 86780 R-010526-000-42 50610.6302 PROFESSIONAL SERVICES STORM WATER UTILITY 29,297.75

140608 5/17/2021 2849 XCEL ENERGY 88.75 340 AIRPORT RD HANGER 5 86783 729658616 20245.6385 UTILITY SERVICE AIRPORT 328.61 GAS LIBRARY 86784 729722482 20230.6385 UTILITY SERVICE LIBRARY 803.74 ELECTRIC LIBRARY 86785 729722482 20230.6385 UTILITY SERVICE LIBRARY 102.32 STREETLIGHTS-5TH AVE S 86786 729631977 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 183.65 ELEC CHRG-681 VERDEROSA 86787 729596918 50610.6385 UTILITY SERVICE STORM WATER UTILITY 29.95 GAS CHRG-681 VERDEROSA 86788 729601173 50610.6385 UTILITY SERVICE STORM WATER UTILITY 12.90 LIGHT @ 701 HARDMAN AV S 86789 729596963 50610.6385 UTILITY SERVICE STORM WATER UTILITY 26.46 ELEC CHRG-POLICE STORE GARAGE 86790 729618707 10210.6385 UTILITY SERVICE POLICE PROTECTION R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 140608 5/17/2021 2849 XCEL ENERGY Continued... 11.89 LIGHT @ BROMLEY ICE RINK 86791 729567572 10340.6385 UTILITY SERVICE PARKS FACILITIES AND MTNCE 27.48 LIGHT @ 228 HARDMAN AV N 86792 729674357 50606.6385 UTILITY SERVICE SEWER UTILITY 388.58 LIGHT @ 555 HARDMAN/251 BRIDGE 86793 729786451 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 72.42 LIGHT/WENTWORTH BY ROUNDABOUT 86794 729796141 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 1,235.23 AIRPORT LIGHTS 86795 729745908 20245.6385 UTILITY SERVICE AIRPORT 268.06 PEDESTRIAN WALKWAY LIGHT 86796 729542995 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 45.36 LORRAINE PARK 86797 729383964 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 137.50 TRAIL BY WAKOAT BRIDGE 86798 729579818 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 40.70 19TH AVE N BY TUNNEL 86799 729651123 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 36.13 7TH AVE S & 494 86800 729584829 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 51.74 7TH AVE S & 494 86801 729581891 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 11.89 UNIT SPEED SIGN/203 14TH AV S 86802 729616884 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 13.82 UNIT OUTLET/159 3RD AV S 86803 729657657 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 13.82 UNIT OUTLET/1115 SVB 86804 729637030 50615.6385 UTILITY SERVICE STREET LIGHT UTILITY 3,931.00

800487 5/7/2021 1969 MINNESOTA AFSCME, COUNCIL NO. 5 874.05 86647 0505211220085 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 874.05

800488 5/10/2021 3632 BOLTON & MENK, INC. 405.00 APRIL MSAS NEEDS ASSISTANCE 86611 0267610 10315.6302 PROFESSIONAL SERVICES ENGINEERING 405.00

800489 5/10/2021 3615 CAMPBELL KNUTSON, P.A. 24,193.48 LEGAL PROSECUTION FEES 86612 3168G 3/31/21 10130.6304 PROFESSIONAL SVCS-CRIMINAL CITY ATTORNEY 24,193.48

800490 5/17/2021 11607 NATH COMPANIES 20,000.00 NM MANAGEMENT FEES MAY 21 86709 MAY 2021 50677.6375 OTHER CONTRACTED SERVICES NAN MCKAY APT BLDG 20,000.00 JC MANAGEMENT FEES MAY 21 86709 MAY 2021 50678.6375 OTHER CONTRACTED SERVICES JOHN CARROLL APT BLDG 40,000.00

800491 5/17/2021 2585 STREICHER'S - MINNEAPOLIS 311.97 VEST CARRIER & NAME TAPE 86724 I1499631 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 89.97 IRRITANT HOLDER/HANDCUFF&LIGHT 86726 I1500605 10210.6245 CLOTHING ALLOWANCE POLICE PROTECTION 4,884.60 9MM AMMUNITION 86727 I1501219 10210.6210 OPERATING SUPPLIES POLICE PROTECTION 1,227.00 BALLISTIC VEST AND CARRIER 86728 I1499714 20212.6245 227599 CLOTHING ALLOWANCE GRANTS/DONATIONS POLICE 6,513.54 R55CKR2 LOGIS100 CITY OF SOUTH ST PAUL 5/13/2021 14:06:03 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 2021142 5/7/2021 1338 EFTPS Continued... 35,157.51 86638 0505211220081 10101.2171 FEDERAL WITHHOLDING GENERAL FUND 36,516.24 86644 0505211220082 10101.2173 FICA TAX WITHHOLDING GENERAL FUND 71,673.75

2021143 5/7/2021 2013 MINNESOTA REVENUE ( C ) 15,257.93 86650 0505211220088 10101.2172 STATE WITHHOLDING GENERAL FUND 15,257.93

2021144 5/7/2021 1978 MINNESOTA CHILD SUPPORT PAYMENT CENTER 337.33 86648 0505211220086 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 631.28 86649 0505211220087 10101.2170 ACCRUED PAY DED PAYABLE GENERAL FUND 968.61

2021145 5/7/2021 2200 PERA 62,309.27 86640 05052112200811 10101.2174 PERA GENERAL FUND 62,309.27

2021146 5/7/2021 2748 VANTAGE POINT TRANSFER (EFT) 3,413.68 86642 05052112200813 10101.2175 OTHER RETIREMENT GENERAL FUND 3,413.68

2021147 5/7/2021 10755 OPTUM 3,279.08 86643 05052112200814 10101.2176 HOSPITALIZATION/MED INSURANCE GENERAL FUND 3,279.08

2021148 5/7/2021 2096 NATIONWIDE RETIREMENT SOLUTIONS 8,230.97 86639 05052112200810 10101.2175 OTHER RETIREMENT GENERAL FUND 8,230.97

2021149 5/7/2021 2018 MINNESOTA STATE RETIREMENT SYSTEM (EFT) 3,032.20 86651 0505211220089 10101.2175 OTHER RETIREMENT GENERAL FUND 3,032.20

612,350.07 Grand Total Payment Instrument Totals

Checks 372,198.51

EFT Payments 168,165.49 A/P ACH Payment 71,986.07 Total Payments 612,350.07 A CITY COUNCIL AGENDA REPORT DATE: MAY 17, 2021 8-C DEPARTMENT: POLICE Prepared By: William Messerich ADMINISTRATOR: JRH

AGENDA ITEM: Accept Letter of Resignation

ACTION TO BE CONSIDERED:

Motion to Accept Letter of Resignation from Police Officer Joseph “JC” Stratton.

OVERVIEW:

Attached you will find a letter from Police Officer JC Stratton giving notice of his intent to resign his position with the South St. Paul Police Department effective May 18, 2021. Officer Stratton was hired as a Police Officer with the South St. Paul Police Department on March 5, 2018 after spending the previous five years working as a Deputy Sheriff with Mesa County Sheriff’s Office (Colorado). Officer Stratton worked as a Patrol Officer during his time with the South St. Paul Police Department while performing additional duties as a Field Training Officer, Mobile Field Force Officer, Handgun Instructor, Predatory Offender Registration Compliance Team, Peer Support Team and as part of our Crisis Intervention Team.

During his three years of employment with the Police Department, JC has shown himself to be an outstanding employee. JC has been an integral part of our Department and he will be sorely missed by all of us not only on a professional level, but also on a personal basis.

Members of the Department wish JC the best as he moves into the next chapter of his life. We thank him for his service to our Department for the last three years. A copy of his letter of resignation is attached.

SOURCE OF FUNDS:

2021 Police Protection Budget

A CITY COUNCIL AGENDA REPORT Date: May 17, 2021 8-D Department: Community Development-Planning Prepared by: Michael Healy, City Planner/Zoning Administrator Administrator: JRH

AGENDA ITEM: Waive Filing Deadline for Final Plat of “The Yards” Addition

ACTION TO BE CONSIDERED:

A motion:

1. Approving Resolution #2021- 77 waiving the filing deadline to record the final plat of “The Yards Addition.”

OVERVIEW:

Background

The Beard Group has partnered with the City’s EDA and is redeveloping the northwest corner of the intersection of Concord Exchange and Grand Avenue with two (2) market rate apartment buildings which are being built in two phases. This is land that had previously been owned by the EDA. The Applicant obtained a Preliminary Plat approval and a Conditional Use Permit for a Planned Unit Development (CUP/PUD) approval on December 21, 2020. The City Council approved the final plat for “The Yards Addition” on February 16, 2021. The final plat reconfigures the piece of land into two buildable lots, one for each of the proposed apartment buildings.

The EDA’s initial plan was to record the plat of “The Yards Addition” as part of the closing when they transferred ownership of the subject property to the Beard Group. Unfortunately, the property has title issues that intertwined HUD related encumbrances on the John Carroll property with the development property that are preventing the final plat from being recorded. The City Attorney is working diligently to resolve the title issues, but due to the complexities of HUD’s process, the timeline for resolution is unclear. The plat cannot be recorded until the title issues are resolved.

Waiver of Filing Deadline

Per City Ordinance, final plats must be recorded within 90 days of approval unless the City Council approves an extension:

Sec. 114-33. - Same—Final plat. (d) Filing by subdivider. (1) The subdivider, upon approval and signing of the final plat by the city, shall file the final plat with the county and submit proof of said filing to the city. Failure by the subdivider to file the final plat within 90 days shall render city approvals null and void unless an extension is granted by the city council.

Because the final plat was approved on February 16, 2021, it must be recorded by May 17, 2021 unless the City Council grants an extension. The City Attorney will not be able to resolve the remaining title issues prior to May 17th and an extension is needed. Because the City has taken full responsibility for completing the plat recording, the City Attorney is advising that the City Council waive the recording deadline entirely, giving the City Attorney’s office sufficient time to resolve the title issues.

STAFF AND CITY ATTORNEY RECOMMENDATION

Staff and the City Attorney recommend approval of Resolution #2021-77 waiving the filing deadline for the final plat of “The Yards Addition.”

60-DAY REVIEW DEADLINE: NA City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-77

A RESOLUTION WAIVING THE FILING DEADLINE FOR THE FINAL PLAT OF THE YARDS ADDITION

WHEREAS, the City Council approved the final plat of The Yards Addition on February 16, 2021 (Resolution #2021-30), legally described as:

Lots 1 and 2, Block 1 and Outlot A The Yards Addition

WHEREAS, City Code Section 114-33 (d) states that failure by the subdivider to file the final plat within 90 days shall render city approvals null and void unless an extension is granted by the City Council; and

WHEREAS, the City and the EDA have assumed responsibility for resolving outstanding title issues and recording the final plat. The City Attorney has stated that additional time is needed to record the final plat and has advised the City Council to waive the filing deadline for “The Yards Addition.”

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

A. The City Council hereby waives the 90-day filing deadline for the final plat of “The Yards Addition.”

Adopted this 17th day of May, 2021.

______Christy Wilcox, City Clerk

City Council Agenda Date: May 17, 2021 8-E Department: Airport Prepared By: Andrew Wall Administrator: JRH

Agenda Item: Approve Right of First Refusal with Wipaire, Inc

Action to be considered:

Adopt Resolution No. 2021-73, Approve Right of First Refusal at Fleming Field with Wipaire, Inc.

Overview:

Wipaire is considering leasing a hangar lot on the main ramp at the airport. They are working on the construction plans and finalizing the details and costs to build the hangar.

Source of Funds:

N/A

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-73

RESOLUTION RELATING TO AIRPORT: APPROVE RIGHT OF FIRST REFUSAL AT FLEMING FIELD WITH WIPAIRE, INC

WHEREAS, The City Council has reviewed and considered a Right of First Refusal for Lot 1, Block 2, Airport Rearrangement 2nd Addition (the “Lease”);

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 Leases 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 Leases in the name and on behalf of the City in the form hereby approved.

Adopted this 17th day of May, 2021.

______City Clerk

RIGHT OF FIRST REFUSAL AGREEMENT TO LEASE COMMERCIAL HANGAR LOT

THIS RIGHT OF FIRST REFUSAL AGREEMENT (Agreement) is made, entered into and effective this 17th day of May, 2021, by and between City of South St. Paul, a Minnesota municipal corporation, (City) and Wipaire, Inc. (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 Customer Services Group Inc., a Minnesota corporation.

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 17th day of May, 2023, 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 $400.00 the receipt of which City acknowledges. In the event that the parties enter into a lease for the Hangar Property, the $400.00 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.) May 17, 2023.

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

-2- 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.

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.

-3-

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:

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

If to Prospective Tenant: Wipaire, Inc 1700 Henry Avenue South St. Paul, MN 55075 Attn: Charlie Wiplinger

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.

-4-

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: Jimmy P. Francis Its: Mayor

By: Christy M. Wilcox Its: City Clerk

By: Charlie Wiplinger Chief Executive Officer

-5-

STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )

The foregoing instrument was acknowledged before me, a notary public, on the _____ day of ______, 2021, by Jimmy 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 ______, 2021, by Charlie Wiplinger.

Notary Public

-6- EXHIBIT A

LEGAL DESCRIPTION OF HANGAR PROPERTY

Lot 1, Block 2, Airport Rearrangement 2nd Addition.

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

-7- City Council Agenda Date: May 17, 2021 8-F Department: Airport Prepared By: Andrew Wall Administrator: JRH

Agenda Item: Approve Right of First Refusal with Chris Beaucage

Action to be considered:

Adopt Resolution No. 2021-74, Approve Right of First Refusal at Fleming Field with Chris Beaucage

Overview:

Chris Beaucage is considering leasing a hangar lot in the West Hangar Area at the airport. Mr. Beaucage is working on the construction plans and dealing with finalizing the details and costs to build the hangar as soon as possible.

Source of Funds:

N/A

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-74

RESOLUTION RELATING TO AIRPORT: APPROVE RIGHT OF FIRST REFUSAL AT FLEMING FIELD WITH CHRIS BEAUCAGE

WHEREAS, The City Council has reviewed and considered a Right of First Refusal for Lot 10, Block 3, Airport Rearrangement 4th Addition (the “Lease”);

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 Leases 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 Leases in the name and on behalf of the City in the form hereby approved.

Adopted this 17th day of May, 2021.

______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 17th day of May, 2021, by and between City of South St. Paul, a Minnesota municipal corporation, (City) and Chris Beaucage. (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.

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.

ARTICLE 3 RIGHT TO LEASE

3.1 Right To Lease For Hangar Construction. From the date of this Agreement until 17th day of November, 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.

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 $100.00 the receipt of which City acknowledges. In the event that the parties enter into a lease for the Hangar Property, the $100.00 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.) November 17, 2021.

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

-2- ARTICLE 4 MISCELLANEOUS

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

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.

ARTICLE 5 NOTICE TO PUBLIC

5.1 Notice to Public. Upon recording, this Agreement shall serve as notice to the public of Chris Beaucage right of first refusal to lease the Hangar Property.

-3-

ARTICLE 6 NOTICES

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

If to Prospective Tenant: Chris Beaucage 16633 Duluth Trail Lakeville, MN 55044 360-607-8287 [email protected]

-4-

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: Jimmy P. Francis Its: Mayor

By: Christy M. Wilcox Its: City Clerk

By: Chris Beaucage

-5-

STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )

Notary Public

STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA )

The foregoing instrument was acknowledged before me, a notary public, on the _____ day of ______, 2021, by Chris Beaucage.

Notary Public

-6- EXHIBIT A

LEGAL DESCRIPTION OF HANGAR PROPERTY

Lot 10, Block 3, Airport Rearrangement 4th Addition.

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

-7- A CITY COUNCIL AGENDA REPORT DATE: MAY 17, 2021 8-G 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 are subject to the 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 Kathleen Shotton 1020 3rd St S Rental Housing Denise McCormick Petrie 318 10th Ave S

SOURCE OF FUNDS: N/A Report Name: City Council Report (Licenses) City of South St Paul Printed: 5/12/2021 Council Date Range: 5/17/2021 to 5/17/2021 Page: 1 City Council Report

ID Company License # License Type Status Issued Expires Address Complex Council 14387 Family Dollar Store #23132 00011862 Cigarette and Tobacco Sales A 04/13/2021 05/31/2022 1209 Southview Blvd 05/17/2021

9912 RDE, Inc. 00011829 Entertainment A 05/11/2021 05/31/2022 200 Concord Exchange N 05/17/2021

14537 Patrick Leahy 00011909 Housing Evaluator-TOS/Rental A 04/29/2021 05/31/2022 Time of Sale & Rental 05/17/2021 Housing

14658 Mendota Valley Amusement 00011837 Mechanical Amusement A 05/10/2021 05/31/2022 622 1st Ave S PNA Lodge 1033 05/17/2021 Devices

15020 Mendota Valley Amusement 00011839 Mechanical Amusement A 05/10/2021 05/31/2022 445 2nd Ave S Croatian Hall 05/17/2021 Devices

14658 Mendota Valley Amusement 00011838 Mechanical Music (Juke Box) A 05/10/2021 05/31/2022 622 1st Ave S PNA Lodge 1033 05/17/2021

15020 Mendota Valley Amusement 00011840 Mechanical Music (Juke Box) A 05/10/2021 05/31/2022 445 2nd Ave S Croatian Hall 05/17/2021

14658 Mendota Valley Amusement 00011851 Pool Table A 05/10/2021 05/31/2022 622 1st Ave S PNA Lodge 1033 05/17/2021

15020 Mendota Valley Amusement 00011852 Pool Table A 05/10/2021 05/31/2022 445 2nd Ave S Croatian Hall 05/17/2021

15177 Amy Susan Piggee 00011707 Rental Housing A 05/07/2021 05/31/2022 633 10th Ave N 05/17/2021

15323 Denise McCormick Petrie 00011975 Rental Housing A 04/26/2021 05/31/2022 318 10th Ave S 05/17/2021

15290 Mallory Lyn Derrick 00011800 Rental Housing A 05/04/2021 05/31/2022 225 11th Ave N 05/17/2021

14484 Tom Parnell 00011093 Rental Housing A 03/26/2021 05/31/2022 115 12th Ave S 05/17/2021

14348 Sean Arco 00011102 Rental Housing A 04/19/2021 05/31/2022 234 13th Ave S 05/17/2021

13385 Jaymes P. Bezdicek 00011103 Rental Housing A 05/10/2021 05/31/2022 258 13th Ave S 05/17/2021

14348 Sean Arco 00011104 Rental Housing A 05/05/2021 05/31/2022 303 13th Ave S 05/17/2021

14477 Robert Gorr 00011106 Rental Housing P 03/18/2021 05/31/2022 519 13th Ave S 05/17/2021

15250 ELJ Investments LLC 00011766 Rental Housing A 05/07/2021 05/31/2022 643 15th Ave N 05/17/2021

15290 Mallory Lyn Derrick 00011801 Rental Housing A 05/04/2021 05/31/2022 702 16th Ave N 05/17/2021

12066 Carole C. Bromley 00011121 Rental Housing A 04/30/2021 05/31/2022 754 17th Ave N 05/17/2021

11784 David J. Kelm 00011123 Rental Housing A 05/05/2021 05/31/2022 931 17th Ave N 05/17/2021

14492 Fairfield Investments 00011136 Rental Housing A 05/03/2021 05/31/2022 252 1st Ave S 05/17/2021

14919 Eric Alms 00011540 Rental Housing A 05/08/2021 05/31/2022 842 21st Ave N 05/17/2021

15129 Thomas Stuart Williams 00011675 Rental Housing A 05/03/2021 05/31/2022 326 2nd Ave S 05/17/2021

15032 10 MABL Portfoilio LLC 00011617 Rental Housing A 05/03/2021 05/31/2022 358 2nd Ave S 05/17/2021

15150 Wade Everett Shatzer 00011046 Rental Housing A 03/02/2021 05/31/2022 205 3rd Ave S Heritage Crest 05/17/2021 Apartments Report Name: City Council Report (Licenses) City of South St Paul Printed: 5/12/2021 Council Date Range: 5/17/2021 to 5/17/2021 Page: 2 City Council Report

ID Company License # License Type Status Issued Expires Address Complex Council 15150 Wade Everett Shatzer 00011047 Rental Housing A 03/02/2021 05/31/2022 211 3rd Ave S Heritage Crest 05/17/2021 Apartments

15150 Wade Everett Shatzer 00011048 Rental Housing A 03/02/2021 05/31/2022 219 3rd Ave S Heritage Crest 05/17/2021 Apartments

15150 Wade Everett Shatzer 00011049 Rental Housing A 03/02/2021 05/31/2022 225 3rd Ave S Heritage Crest 05/17/2021 Apartments

15150 Wade Everett Shatzer 00011050 Rental Housing A 03/02/2021 05/31/2022 235 3rd Ave S Heritage Crest 05/17/2021 Apartments

15150 Wade Everett Shatzer 00011051 Rental Housing A 03/02/2021 05/31/2022 239 3rd Ave S Hertitage Crest 05/17/2021 Apartments

15150 Wade Everett Shatzer 00011052 Rental Housing A 03/02/2021 05/31/2022 241 3rd Ave S Heritage Crest 05/17/2021 Apartments

14405 Daniel Schwingle 00011199 Rental Housing A 04/19/2021 05/31/2022 549 3rd Ave S 05/17/2021

15322 Kathleen Carr Shotton 00011972 Rental Housing A 04/01/2021 05/31/2022 1020 3rd St S 05/17/2021

15266 Emily Jacqueline Stripling 00011780 Rental Housing A 05/04/2021 05/31/2022 232 4th Ave N 05/17/2021

14570 Darryl & Jo Ann Bunn 00011419 Rental Housing A 04/30/2021 05/31/2022 301 4th Ave S 05/17/2021

13619 Daniel Farias Armenta 00011209 Rental Housing A 05/03/2021 05/31/2022 347 4th Ave S 05/17/2021

15186 Johnny E Campos 00011785 Rental Housing A 02/18/2021 05/31/2022 404 5th Ave S 05/17/2021

15214 Jose Ruacho-Valtierrez 00011744 Rental Housing A 05/05/2021 05/31/2022 901 5th Ave S 05/17/2021

15216 Woodbury Rentals, LLC 00011746 Rental Housing A 05/03/2021 05/31/2022 128 7th Ave S 05/17/2021

14945 Anthony Yates 00011577 Rental Housing A 04/30/2021 05/31/2022 1144 8th Ave S 05/17/2021

14414 Jilleen Keil 00011258 Rental Housing A 04/29/2021 05/31/2022 928 8th Ave S 05/17/2021

14414 Jilleen Keil 00011268 Rental Housing A 04/29/2021 05/31/2022 325 9th Ave S 05/17/2021

13028 Daniel L. McGarry 00011294 Rental Housing A 04/29/2021 05/31/2022 1941 Butler Ave 05/17/2021

15016 Tonye E. Bobmanuel 00011605 Rental Housing A 04/30/2021 05/31/2022 2001 Butler Ave 05/17/2021

15103 Marjorie Farnsworth Stewart 00011659 Rental Housing A 05/08/2021 05/31/2022 1125-1127 Dale Pl 05/17/2021

14908 Houses, LLC 00011536 Rental Housing A 04/29/2021 05/31/2022 106 Douglas St W 05/17/2021

12053 Robert Fabbrini 00011343 Rental Housing A 04/29/2021 05/31/2022 1023 Marie Ave 05/17/2021

14552 Shane Fine 00011568 Rental Housing A 03/22/2021 05/31/2022 120 Poplar St W 05/17/2021

13991 Michael T. Krivak 00011354 Rental Housing A 05/03/2021 05/31/2022 244 Richmond St W 05/17/2021

11821 Alan J. Challberg 00011368 Rental Housing A 04/05/2021 05/31/2022 1825-1827 Southview Blvd 05/17/2021 Report Name: City Council Report (Licenses) City of South St Paul Printed: 5/12/2021 Council Date Range: 5/17/2021 to 5/17/2021 Page: 3 City Council Report

ID Company License # License Type Status Issued Expires Address Complex Council 14607 Karissa Klingberg 00011443 Rental Housing A 04/30/2021 05/31/2022 1103 Thompson Ave 05/17/2021

12348 James Probst 00011380 Rental Housing A 03/18/2021 05/31/2022 1523-1525 Thompson Ave 05/17/2021

15092 Frank J Lynch 00011649 Rental Housing A 05/04/2021 05/31/2022 2216 Wentworth Ave 05/17/2021

15228 Soledad Ortiz Flores 00011759 Rental Housing A 05/04/2021 05/31/2022 1622 Willis Ave 05/17/2021

15220 Naughton Services LLC 00011904 Restaurant A 05/04/2021 05/31/2022 1025 Southview Blvd Wellness Cafe 05/17/2021

15219 El Jibarito Food Trucks & 00011903 Restaurant A 04/29/2021 05/31/2022 901 Southview Blvd 05/17/2021 Restaurant

15170 Vision SDS Hospitality, LLC 00011979 Special Event P 05/10/2021 06/06/2021 701 Concord St S RIDE FOR WISHES 05/17/2021 City Council Agenda Report Date: May 17, 2021 8 – H Department: Administration Prepared By: S. Anderson Administrator: JRH

Agenda Item: Approval to Retain Bjorklund Compensation Consulting for Total Classification and Compensation Study

Action to be considered: Motion to approve the hire of Bjorklund Compensation Consulting for Total Classification and Compensation Study.

Overview: The City of South St. Paul has not had a comprehensive classification and compensation review in over 20 years. Currently, the City reviews positions and salary ranges with surrounding Dakota County cities and cities in the metro area that are similar in size and structure to South St. Paul. The City also utilizes the DCA, Inc. Position Evaluation System created by the Stanton Group. The plan meets the requirements of MN Statutes 471.991-471.995 which were created to prohibit discrimination in pay based on gender. These laws require local government employers to utilize an approved system to determine the comparable worth and corresponding pay of positions. To be compliant, the employer’s job classifications and pay structures must meet the criteria laid forth in the law, and the employer must register their system and submit periodic reports as required by the State to show continued compliance. The current reporting cycle is every 3 years, and the City last submitted a report and received a compliance notification form the State in 2019.

Over the past five years or so, the City has realigned and/or created several new positions, resulting in the reorganization of departments; and, due to the uniqueness of some of the positions within the city it is becoming more difficult to match them with comparable jobs in the market. It is common practice for agencies to conduct full classification studies about every 10 years and since the City of South St. Paul has not conducted a study in over 20 years, staff feels a city-wide study is in order.

An RFP was issued to several consultants with expertise in public sector classification and compensation studies and five proposals were received. City Administrator Joel Hanson and Asst. City Administrator/HR Director Shelly Anderson met with representatives from two firms in the metro area that specialize in public sector compensation studies and pay equity and classification systems. Both firms were impressive, but staff feels Bjorklund Compensation Consulting will offer the most comprehensive study at the best value.

Robert Bjorklund, of Bjorklund Compensation Consultants has been in the business for over 30 years and is an expert in Pay Equity, comparable worth, and classification/compensation plans. The estimated timeline for completion is approximately five months, with total costs estimates of $20,000-$25,000 dependent upon selection of certain services. They will also add the South Metro Fire Department into the study for an additional $2,330. The proposed work scope is attached to this memo. Staff recommends retaining the services of Bjorklund Compensation Consulting to complete a total classification and compensation study for the City of South St. Paul.

Source of Funds: 2021 General Fund

II. BCC’s WORK PLAN

In this section, we summarize the services and project steps that BCC will perform during the study. Given the constraints of COVID, BCC assumes that meetings and interviews will be conducted via video conference whenever possible. Furthermore, the same steps of the study will apply to South Metro Fire Department’s seven positions should they wish to be included in the study. The work plan is presented in seven major phases as follows and outlined below in diagram form:

Phase I: Understanding Your Current Needs & Pay Philosophy Phase II: Conduct Position Analysis Phase III: Conduct Job Evaluation Phase IV: Conduct a Salary Survey and Develop Pay Plan(s) Phase V: Prepare Classification and Compensation Handbook and Conduct Training Phase VI: Develop & Conduct Appeals Process (Optional) Phase VII: Prepare and Present Final Report

Page 9 Bjorklund Compensation Consulting A CITY COUNCIL AGENDA REPORT DATE: May 17, 2021 8-I DEPARTMENT: Finance Prepared by: Clara Hilger ADMINISTRATOR: JRH

AGENDA ITEM: Accept the 2021 1st Quarter Financial Report and authorize 2021 Budget amendment

ACTION TO BE CONSIDERED:

1. Motion to accept the 2021 1st Quarter Financial Report 2. Adopt Resolution 2021-081 to amend the 2021 Budget

OVERVIEW:

The Finance Department has prepared the attached first quarter financial report, which was reviewed by the Council at the May 10, 2021 worksession. Finance has not noted any worrisome variances in the operating funds for the 1st quarter. The variances that have occurred are noted in the attached report.

The attached financial report includes the following recommended budget revisions: • Contingency balance is allocated across several departments to reflect settled contracts and benefit adjustments. Net impact to the General Fund is a reduction of revenues and expenditures by $14,866 and to the Library Fund is an increase of revenues and expenditures by $14,866.

Formal council action is requested for these Budget modifications through the approval of a motion accepting the First Quarter Financial Report and by the subsequent adoption of attached resolution 2021-081, which will authorize the proposed budget amendments.

SOURCE OF FUNDS:

As outlined in this Agenda report Benchmark 2021 2021 Actual thru 25% Description Original Amended March Percent Budget Budget 2021 of Budget

GENERAL OPERATING FUND GENERAL FUND - REVENUES Taxes 10,933,514.00 10,918,648.00 0.00 0.00% A Fees 1,753,760.00 1,753,760.00 146,125.12 8.33% B Intergovernmental 2,292,248.00 2,292,248.00 138,274.14 6.03% C Charges for Services 1,807,080.00 1,807,080.00 411,791.17 22.79% D Other Revenues 82,710.00 82,710.00 6,364.65 7.70% E Transfers In/Fund Balance 190,000.00 190,000.00 47,505.00 25.00% Total Revenues 17,059,312.00 17,044,446.00 750,060.08 4.40% GENERAL FUND - EXPENDITURES General Government Mayor & Council 155,063.00 155,063.00 43,209.48 27.87% Administration 448,404.00 454,106.00 89,485.24 19.71% Human Resources 145,010.00 147,397.00 46,037.55 31.23% City Attorney 70,000.00 70,000.00 8,875.50 12.68% F City Attorney - Criminal 170,000.00 170,000.00 38,558.57 22.68% F City Clerk 143,527.00 146,077.00 32,009.16 21.91% Information Technology 630,562.00 637,555.00 181,495.93 28.47% Recycling 52,988.00 52,988.00 8.45 0.02% G Finance 509,276.00 497,029.00 98,137.86 19.74% Total General Government 2,324,830.00 2,330,215.00 537,817.74 23.08% Public Safety Police 6,475,672.00 6,560,384.00 1,425,276.11 21.73% Fire 2,598,462.00 2,598,462.00 1,291,860.26 49.72% H Total Public Safety 9,074,134.00 9,158,846.00 2,717,136.37 29.67% Public Works Engineering 507,458.00 516,879.00 105,820.31 20.47% Streets, Alley's and Blvd's 1,860,758.00 1,873,918.00 398,131.47 21.25% Buildings 259,618.00 258,215.00 52,237.08 20.23% Parks Facilities and Maintenance 1,112,273.00 1,120,384.00 206,295.56 18.41% Total Public Works 3,740,107.00 3,769,396.00 762,484.42 20.23% Community Development Development Services 478,294.00 484,502.00 89,817.79 18.54% Code Enforcement 288,271.00 292,195.00 66,952.63 22.91% Total Community Development 766,565.00 776,697.00 156,770.42 20.18% Leisure Services Parks Administration 463,854.00 488,297.00 72,938.07 14.94% I Splash Pool 76,869.00 75,363.00 1,494.49 1.98% J Northview Pool 99,669.00 98,163.00 582.53 0.59% J Recreation Programs 174,391.00 169,818.00 5,953.09 3.51% K Community Affairs 118,893.00 120,592.00 25,339.39 21.01% Total Leisure Services 933,676.00 952,233.00 106,307.57 11.16% Nondepartmental Contingencies 220,000.00 57,059.00 0.00 0.00% Total Nondepartmental 220,000.00 57,059.00 0.00 0.00% Total Expenditures 17,059,312.00 17,044,446.00 4,280,516.52 25.11% Revenues Over (Under) Expenditures 0.00 0.00 (3,530,456.44) Benchmark 2021 2021 Actual thru 25% Description Original Amended March Percent Budget Budget 2021 of Budget

OTHER OPERATING FUNDS LIBRARY FUND Revenues 826,598.00 841,464.00 158.35 0.02% A Expenditures 826,598.00 841,464.00 179,235.86 21.30% Revenues Over (Under) Expenditures 0.00 0.00 (179,077.51)

DOUG WOOG ARENA Revenues 1,051,954.00 1,051,954.00 208,007.30 19.77% A Expenditures 893,659.00 943,935.00 167,668.52 17.76% Revenues Over (Under) Expenditures 158,295.00 108,019.00 40,338.78

AIRPORT OPERATING FUND Revenues 1,203,242.00 1,203,242.00 352,102.03 29.26% L Expenditures 1,359,321.00 1,366,916.00 207,834.40 15.20% Revenues Over (Under) Expenditures (156,079.00) (163,674.00) 144,267.63

CENTRAL SQUARE FUND Revenues 119,509.00 119,509.00 58,109.01 48.62% M Expenditures 132,833.00 132,833.00 48,492.09 36.51% M Revenues Over (Under) Expenditures (13,324.00) (13,324.00) 9,616.92

STORM WATER UTILITY FUND Operating Revenues and Grants 625,950.00 625,950.00 38,925.40 6.22% N Expenditures - Operating 361,913.00 361,913.00 139,652.37 38.59% O Transfers - Capital 1,215,000.00 1,215,000.00 31,902.00 2.63% Revenues Over (Under) Expenditures (950,963.00) (950,963.00) (132,628.97)

STREET LIGHT UTILITY FUND Revenues 305,570.00 305,570.00 20,800.26 6.81% N Expenditures 251,340.00 251,340.00 55,590.27 22.12% Revenues Over (Under) Expenditures 54,230.00 54,230.00 (34,790.01)

WATER AND SEWER UTILITY FUND Revenues Administration 56,000.00 56,000.00 0.00 0.00% Water Utility 2,564,700.00 2,564,700.00 215,971.36 8.42% N Sewer Utility 3,975,600.00 3,975,600.00 395,209.81 9.94% N Total Revenues 6,596,300.00 6,596,300.00 611,181.17 9.27% Expenditures Adminsitration 500,662.00 490,648.00 115,549.34 23.55% Water Utility 1,133,148.00 1,135,630.00 195,617.22 17.23% Sewer Utility 3,510,780.00 3,512,830.00 1,109,098.67 31.57% P Total Expenditures 5,144,590.00 5,139,108.00 1,420,265.23 27.64% Transfers Water Utility 2,100,000.00 2,100,000.00 56,801.00 2.70% Q Sewer Utility 500,000.00 500,000.00 108,051.00 21.61% Total Transfers 2,600,000.00 2,600,000.00 164,852.00 6.34% Net Income (Loss) (1,148,290.00) (1,142,808.00) (973,936.06) Benchmark 2021 2021 Actual thru 25% Description Original Amended March Percent Budget Budget 2021 of Budget

OTHER OPERATING FUNDS CENTRAL GARAGE - INTERNAL SERVICE FUND Revenues 1,452,917.00 1,452,917.00 377,369.94 25.97% Expenditures 1,327,087.00 1,329,749.00 274,874.23 20.67% Net Income (Loss) 125,830.00 123,168.00 102,495.71

ECONOMIC DEVELOPMENT AUTHORITY Revenues 327,725.00 327,725.00 0.00 0.00% A Expenditures 327,725.00 327,725.00 73,657.32 22.48% Revenues Over (Under) Expenditures 0.00 0.00 (73,657.32)

EDA - HOUSING (HRA LEVY) Revenues 446,891.00 446,891.00 24,089.53 5.39% A Expenditures 446,891.00 446,891.00 69,723.90 15.60% Revenues Over (Under) Expenditures 0.00 0.00 (45,634.37)

HRA - PUBLIC HOUSING Revenues 2,049,100.00 2,049,100.00 215,333.90 10.51% R Operating Expenses 1,933,408.00 1,933,408.00 343,062.56 17.74% R Capital Expenses 0.00 0.00 19,346.15 0.00% Net Income (Loss) 115,692.00 115,692.00 (147,074.81)

Tickmark Explanations for Budget VS Actual Variances A. Taxes will be received in May/July and December/January B. 1st quarter Franchise fees come in April C. LGA is received in July and December D. No winter/spring recreation activities E. Interest earnings are posted semi‐annually and other minor revenues are unpredictable F. Legal service invoices for two months only G. Recycling costs lag as we are billed by WSP quarterly, and composite site costs occur May‐ October H. Paid two quarters for Fire I. Recreation short‐staffed during first quarter J. Pools are only open June through August K. Recreation programs have been limited in the first quarter L. Certain revenues come in at the start of the year at the Airport (land leases) M. Budget amounts for 6 months – benchmark is 50% for CSCC N. Utility revenues are based on service delivery, bills issued in Jan, Feb, Mar of 2021 are accrued back to the 2020 books as they are for services delivered in 2020. This is a regular & routine occurrence. O. Memberships and bond payments made in 1st quarter P. Sanitary Sewer has 4 months of MCES charges Q. Transfers to capital projects and utility administration to cover deficit will not be posted until the end of the year R. Activity from management company has not been updated for all of 2020 City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-081

RESOLUTION AUTHORIZING 2021 BUDGET ADJUSTMENTS

WHEREAS, the Mayor and City Council adopted an annual Operating Budget for the current fiscal year in December 2020 after considerable discussion and consideration which was based on the best and most accurate information available at that time; and,

WHEREAS, changes in circumstances and different or more accurate information can periodically arise during a fiscal year to challenge the assumptions incorporated in the adopted annual Operating Budget, suggesting the need for Budget amendments to enable the City to better manage its resources for the balance of the fiscal year; and,

WHEREAS, the Mayor and City Council have received, reviewed and discussed the 2021 First Quarter Financial Report and, the Mayor and City Council have thereupon carefully determined that the 2021 Operating Budget, as a guide plan for City operations, could be improved by the adoption of certain amendments.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of South St. Paul hereby approves the following budget amendments: Revenues Expenditures General Fund: Administration (14,866) 5,702 Human Resources - 2,387 City Clerk - 2,550 Information Technology - 6,993 Finance - (12,247) Police - 84,712 Engineering - 9,421 Streets, Alleys and Blvds - 13,160 Buildings - (1,403) Parks Facilities and Maintenance - 8,111 Development Services - 6,208 Code Enforcement - 3,924 Parks Administration - 24,443 Splash Pool - (1,506) Northview Pool - (1,506) Recreation Programs - (4,573) Community Affairs - 1,699 Contingencies - (162,941) Revenues Expenditures Library Fund 14,866 14,866 Doug Woog Arena Fund - 50,276 Airport Fund - 7,595

Adopted this 17th day of May, 2021.

______CityClerk City Council Agenda Date: 5/17/2021 8-J Department: Airport Prepared By: Andrew Wall Administrator: JRH

AGENDA ITEM: Approve Bid from HDR, Inc for the Independent Fee Estimate for Construction Administration and Related Services for the Runway Rehabilitation Project

ACTION TO BE CONSIDERED:

Approve Bid from HDR, Inc for the Independent Fee Estimate for Construction Administration and Related Services for the Runway Rehabilitation Project

Overview:

On May 10, 2021, Airport staff reached out to three engineering firms to request a bid for an Independent Fee Estimate for the 2021 Runway Reconstruction Project.

FAA AC 150-5100-14E states that a Sponsor (City of South St. Paul) must perform a cost price analysis for every A/E contract. To properly evaluate the cost of professional services an independent fee estimate (IFE) is required, prior to receiving the consultant’s proposal, as part of the cost analysis for all A/E contracts and contract modifications. The IFE is intended to be used as a negotiation tool by the Sponsor. The word “independent” does not imply that the IFE has to be performed by someone other than the Sponsor.

Preparation of an IFE can be completed in a number of ways, such as the following, or as approved by your local ADO: 1. A Sponsor having a staff with experience in estimating the professional services and negotiating contracts for these services can develop its own IFE for the services, based on the scope of services agreed upon in paragraph 2.12. 2. Sponsors having no staff with this expertise or having minimal or no previous experience may engage the services of a consultant on retainer for preparation of the IFE provided the consultant has experience with the services involved and who is not being considered for the project. 3. Alternatively, an independent engineering, architecture, or planning consultant may be retained to prepare an IFE provided this consultant was not on the pre-selection short-list. The consultant must have recent experience in airport work similar to that proposed and be familiar with FAA requirements and procedures. The Sponsor should request evidence that the consultant meets the above requirements. Because the total cost of the construction project is estimated to be more than $100,000.00, a detailed fee/cost analysis is required.

Because this project is part of the 2021 FAA Grant for the Runway Reconstruction, this design agreement will be fully funded by the FAA. The most recent stimulus legislation included 100% funding for FAA AIP Projects in 2021.

Two bids were received with the bid results as follows:

BIDDERS TOTAL BID Becher-Hoppe, Inc $3,500.00 HDR Inc. $3,000.00

Airport Staff recommends the low bidder, HDR Inc. for the project.

This project will be included in our 2021 Grant Request with the FAA and will be 100% funded by the FAA.

Source of Funds:

FAA

SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES AGREEMENT NUMBER ______

THIS AGREEMENT is made as of this ______day of ______, 20___, between City of South Saint Paul, MN (“OWNER”) a with principal offices at 125 Third Ave N, South Saint Paul, MN 55075 and HDR ENGINEERING, INC., (“ENGINEER” or “CONSULTANT”) for services in connection with the project known as Independent Fee Estimate for the Construction Phase Services for the Runway Rehabilitation Project at the South St. Paul Municipal Airport (“Project”);

WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services (“Services”) in connection with the Project; and

WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services.

NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows:

SECTION I. SCOPE OF SERVICES

ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A.

SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES

The HDR Engineering, Inc. Terms and Conditions, which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein.

SECTION III. RESPONSIBILITIES OF OWNER

The OWNER shall provide the information set forth in paragraph 6 of the attached “HDR Engineering, Inc. Terms and Conditions for Professional Services.”

SECTION IV. COMPENSATION

Compensation for ENGINEER’S services under this Agreement shall be on the basis of - lump sum. The amount of the lump sum is Three Thousand Dollars ($3,000.00).

Compensation terms are defined as follows:

Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services.

Agreement for Professional Services 1 1/2020 SECTION V. PERIOD OF SERVICE

Upon receipt of written authorization to proceed, ENGINEER shall perform the services

described in Exhibit A within a reasonable period of time.

within the time period(s) described in Exhibit A.

as follows: Work shall be completed on or before June 8, 2021

Agreement for Professional Services 2 1/2020 SECTION VI. SPECIAL PROVISIONS

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

“OWNER”

BY:

NAME:

TITLE:

ADDRESS:

HDR ENGINEERING, INC. “ENGINEER”

BY:

NAME: Jason Kjenstad

TITLE: Vice President

ADDRESS: 101 S. Phillips Ave, Ste 401 Sioux Falls, SD 57104

Agreement for Professional Services 3 1/2020 EXHIBIT A

SCOPE OF SERVICES

HDR will complete an Independent Fee Estimate (IFE) on the Construction Engineering Phase Services for the Runway Rehabilitation at the South St. Paul Municipal Airport. The IFE will be based on the scope of services provided by SEH.

Items not included in the Scope of Services:  Field Review Visit – We are relying totally on the information provided to us  Audit – Any services required to coordinate with city, MnDOT or FAA Audit.  Post Review Report – any services beyond the delivery of the report required to explain differences between the initial cost estimate and the IFE are not included.

The basis of our IFE is the Scope of Services sent from your Engineering consultant and are attached to this agreement. HDR will prepare the IFE and return it to you by June 8, 2021 per your request.

We look forward to working with you on this project. Please contact me at 605.360.9864 or [email protected] with any questions.

EXHIBIT B

TERMS AND CONDITIONS

HDR Engineering, Inc. Terms and Conditions for Professional Services

1. STANDARD OF PERFORMANCE beyond those set forth in this Agreement. OWNER agrees to include The standard of care for all professional engineering, consulting and ENGINEER as an indemnified party in OWNER’s construction related services performed or furnished by ENGINEER and its contracts for the work, which shall protect ENGINEER to the same employees under this Agreement will be the care and skill ordinarily degree as OWNER. Further, OWNER agrees that ENGINEER shall used by members of ENGINEER’s profession practicing under the be listed as an additional insured under the construction contractor’s same or similar circumstances at the same time and in the same liability insurance policies. locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER’s 5. CONTROLLING LAW services. This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 2. INSURANCE/INDEMNITY ENGINEER agrees to procure and maintain, at its expense, Workers' 6. SERVICES AND INFORMATION Compensation insurance as required by statute; Employer's Liability OWNER will provide all criteria and information pertaining to of $250,000; Automobile Liability insurance of $1,000,000 combined OWNER's requirements for the project, including design objectives single limit for bodily injury and property damage covering all and constraints, space, capacity and performance requirements, vehicles, including hired vehicles, owned and non-owned vehicles; flexibility and expandability, and any budgetary limitations. OWNER Commercial General Liability insurance of $1,000,000 combined will also provide copies of any OWNER-furnished Standard Details, single limit for personal injury and property damage; and Professional Standard Specifications, or Standard Bidding Documents which are Liability insurance of $1,000,000 per claim for protection against to be incorporated into the project. claims arising out of the performance of services under this OWNER will furnish the services of soils/geotechnical engineers or Agreement caused by negligent acts, errors, or omissions for which other consultants that include reports and appropriate professional ENGINEER is legally liable. If flying an Unmanned Aerial System recommendations when such services are deemed necessary by (UAS or drone), ENGINEER will procure and maintain aircraft ENGINEER. The OWNER agrees to bear full responsibility for the unmanned aerial systems insurance of $1,000,000 per occurrence. technical accuracy and content of OWNER-furnished documents and OWNER shall be made an additional insured on Commercial services. General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to In performing professional engineering and related services indemnify OWNER for third party personal injury and property hereunder, it is understood by OWNER that ENGINEER is not damage claims to the extent caused by ENGINEER's negligent acts, engaged in rendering any type of legal, insurance or accounting errors or omissions. However, neither Party to this Agreement shall services, opinions or advice. Further, it is the OWNER’s sole be liable to the other Party for any special, incidental, indirect, or responsibility to obtain the advice of an attorney, insurance counselor consequential damages (including but not limited to loss of use or or accountant to protect the OWNER’s legal and financial interests. opportunity; loss of good will; cost of substitute facilities, goods, or To that end, the OWNER agrees that OWNER or the OWNER’s services; cost of capital; and/or fines or penalties), loss of profits or representative will examine all studies, reports, sketches, drawings, revenue arising out of, resulting from, or in any way related to the specifications, proposals and other documents, opinions or advice Project or the Agreement from any cause or causes, including but prepared or provided by ENGINEER, and will obtain the advice of an not limited to any such damages caused by the negligence, errors attorney, insurance counselor or other consultant as the OWNER or omissions, strict liability or breach of contract. deems necessary to protect the OWNER’s interests before OWNER takes action or forebears to take action based upon or relying upon 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) the services provided by ENGINEER. Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information 7. SUCCESSORS, ASSIGNS AND BENEFICIARIES available to ENGINEER and on the basis of ENGINEER's OWNER and ENGINEER, respectively, bind themselves, their experience and qualifications, and represents its judgment as an partners, successors, assigns, and legal representatives to the experienced and qualified professional engineer. However, since covenants of this Agreement. Neither OWNER nor ENGINEER will ENGINEER has no control over the cost of labor, materials, assign, sublet, or transfer any interest in this Agreement or claims equipment or services furnished by others, or over the contractor(s') arising therefrom without the written consent of the other. No third methods of determining prices, or over competitive bidding or market party beneficiaries are intended under this Agreement. conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of 8. RE-USE OF DOCUMENTS probable cost ENGINEER prepares. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by 4. CONSTRUCTION PROCEDURES ENGINEER pursuant to this Agreement, are instruments of service ENGINEER's observation or monitoring portions of the work with respect to the project. ENGINEER retains ownership of all such performed under construction contracts shall not relieve the documents. OWNER may retain copies of the documents for its contractor from its responsibility for performing work in accordance information and reference in connection with the project; however, with applicable contract documents. ENGINEER shall not control or none of the documents are intended or represented to be suitable for have charge of, and shall not be responsible for, construction means, reuse by OWNER or others on extensions of the project or on any methods, techniques, sequences, procedures of construction, health other project. Any reuse without written verification or adaptation by or safety programs or precautions connected with the work and shall ENGINEER for the specific purpose intended will be at OWNER's not manage, supervise, control or have charge of construction. sole risk and without liability or legal exposure to ENGINEER, and ENGINEER shall not be responsible for the acts or omissions of the OWNER will defend, indemnify and hold harmless ENGINEER from contractor or other parties on the project. ENGINEER shall be all claims, damages, losses and expenses, including attorney's fees, entitled to review all construction contract documents and to require arising or resulting therefrom. Any such verification or adaptation will that no provisions extend the duties or liabilities of ENGINEER

1 (5/2020) entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any 9. TERMINATION OF AGREEMENT inconsistent or contradictory provisions contained in any proposal, OWNER or ENGINEER may terminate the Agreement, in whole or in contract, purchase order, requisition, notice-to-proceed, or like part, by giving seven (7) days written notice to the other party. document. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION with the project up to the effective date of termination. An equitable In connection with the services under this Agreement, ENGINEER adjustment shall also be made to provide for termination settlement agrees to comply with the applicable provisions of federal and state costs ENGINEER incurs as a result of commitments that had Equal Employment Opportunity for individuals based on color, become firm before termination, and for a reasonable profit for religion, sex, or national origin, or disabled veteran, recently services performed. separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of 10. SEVERABILITY executive order 11246, and other employment, statutes and If any provision of this agreement is held invalid or unenforceable, regulations, as stated in Title 41 Part 60 of the Code of Federal the remaining provisions shall be valid and binding upon the parties. Regulations § 60-1.4 (a-f), § 60-300.5 (a-e), § 60-741 (a-e). One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of 15. HAZARDOUS MATERIALS any subsequent breach of the same provision, term or condition. OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. 11. INVOICES However, in the event hazardous materials are known to be ENGINEER will submit monthly invoices for services rendered and present, OWNER represents that to the best of its knowledge it OWNER will make payments to ENGINEER within thirty (30) days has disclosed to ENGINEER the existence of all such hazardous of OWNER's receipt of ENGINEER's invoice. materials, including but not limited to asbestos, PCB’s, petroleum, hazardous waste, or radioactive material located at or near the ENGINEER will retain receipts for reimbursable expenses in general project site, including type, quantity and location of such accordance with Internal Revenue Service rules pertaining to the hazardous materials. It is acknowledged by both parties that support of expenditures for income tax purposes. Receipts will be ENGINEER’s scope of services do not include services related in available for inspection by OWNER's auditors upon request. any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, If OWNER disputes any items in ENGINEER's invoice for any ENGINEER shall have the obligation to notify OWNER and, to the reason, including the lack of supporting documentation, OWNER extent required by law or regulation, the appropriate governmental may temporarily delete the disputed item and pay the remaining officials, and ENGINEER may, at its option and without liability for amount of the invoice. OWNER will promptly notify ENGINEER of delay, consequential or any other damages to OWNER, suspend the dispute and request clarification and/or correction. After any performance of services on that portion of the project affected by dispute has been settled, ENGINEER will include the disputed item hazardous materials until OWNER: (i) retains appropriate on a subsequent, regularly scheduled invoice, or on a special specialist consultant(s) or contractor(s) to identify and, as invoice for the disputed item only. appropriate, abate, remediate, or remove the hazardous materials; OWNER recognizes that late payment of invoices results in extra and (ii) warrants that the project site is in full compliance with all expenses for ENGINEER. ENGINEER retains the right to assess applicable laws and regulations. OWNER acknowledges that OWNER interest at the rate of one percent (1%) per month, but not ENGINEER is performing professional services for OWNER and to exceed the maximum rate allowed by law, on invoices which are that ENGINEER is not and shall not be required to become an not paid within thirty (30) days from the date OWNER receives “arranger,” “operator,” “generator,” or “transporter” of hazardous ENGINEER’s invoice. In the event undisputed portions of materials, as defined in the Comprehensive Environmental ENGINEER's invoices are not paid when due, ENGINEER also Response, Compensation, and Liability Act of 1990 (CERCLA), reserves the right, after seven (7) days prior written notice, to which are or may be encountered at or near the project site in suspend the performance of its services under this Agreement until connection with ENGINEER’s services under this Agreement. If all past due amounts have been paid in full. ENGINEER’s services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled 12. CHANGES to terminate this Agreement for cause on 30 days written notice. The parties agree that no change or modification to this Agreement, To the fullest extent permitted by law, OWNER shall indemnify or any attachments hereto, shall have any force or effect unless the and hold harmless ENGINEER, its officers, directors, partners, change is reduced to writing, dated, and made part of this employees, and subconsultants from and against all costs, losses, Agreement. The execution of the change shall be authorized and and damages (including but not limited to all fees and charges of signed in the same manner as this Agreement. Adjustments in the engineers, architects, attorneys, and other professionals, and all period of services and in compensation shall be in accordance with court or arbitration or other dispute resolution costs) caused by, applicable paragraphs and sections of this Agreement. Any arising out of or resulting from hazardous materials, provided that proposed fees by ENGINEER are estimates to perform the services (i) any such cost, loss, or damage is attributable to bodily injury, required to complete the project as ENGINEER understands it to be sickness, disease, or death, or injury to or destruction of tangible defined. For those projects involving conceptual or process property (other than completed Work), including the loss of use development services, activities often are not fully definable in the resulting therefrom, and (ii) nothing in this paragraph shall obligate initial planning. In any event, as the project progresses, the facts OWNER to indemnify any individual or entity from and against the developed may dictate a change in the services to be performed, consequences of that individual’s or entity’s sole negligence or which may alter the scope. ENGINEER will inform OWNER of such willful misconduct. situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an 16. EXECUTION increase or decrease in the cost of or time required for performance This Agreement, including the exhibits and schedules made part of the services, an equitable adjustment shall be made, and the hereof, constitute the entire Agreement between ENGINEER and Agreement modified accordingly. OWNER, supersedes and controls over all prior written or oral

Terms & Conditions for Professional Services 2 (5/2020) understandings. This Agreement may be amended, supplemented and best practices, which generally include but are not limited to, or modified only by a written instrument duly executed by the cyber security policies and procedures, documentation and training parties. requirements, continuous monitoring of assets for tampering and intrusion, periodic evaluation for asset vulnerabilities, implementation 17. ALLOCATION OF RISK and update of appropriate technical, physical, and operational OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND standards, and offline testing of all software/firmware REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING patches/updates prior to placing updates into production. ENGINEER’S FEE RELATIVE TO THE RISKS ASSUMED, AND Additionally, OWNER recognizes and agrees that OT Systems are AGREE TO ALLOCATE CERTAIN OF THE RISKS, SO, TO THE subject to internal and external breach, compromise, and similar FULLEST EXTENT PERMITTED BY LAW, THE TOTAL incidents. Security features designed, recommended or assessed AGGREGATE LIABILITY OF ENGINEER (AND ITS RELATED by ENGINEER are intended to reduce the likelihood that OT CORPORATIONS, SUBCONSULTANTS AND EMPLOYEES) TO Systems will be compromised by such incidents. However, OWNER AND THIRD PARTIES GRANTED RELIANCE IS ENGINEER does not guarantee that OWNER’s OT Systems are LIMITED TO THE LESSER OF $1,000,000 OR ITS FEE, FOR ANY impenetrable and OWNER agrees to waive any claims against AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR ENGINEER resulting from any such incidents that relate to or affect EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) OWNER’s OT Systems. ARISING OUT OF ENGINEER’S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY 23. FORCE MAJEURE OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR ENGINEER shall not be responsible for delays caused by factors OTHER RECOVERY. beyond ENGINEER’s reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, 18. LITIGATION SUPPORT government ordered industry shutdowns, power or server outages, In the event ENGINEER is required to respond to a subpoena, acts of nature, widespread infectious disease outbreaks (including, government inquiry or other legal process related to the services in but not limited to epidemics and pandemics), failure of any connection with a legal or dispute resolution proceeding to which governmental or other regulatory authority to act in a timely manner, ENGINEER is not a party, OWNER shall reimburse ENGINEER for failure of the OWNER to furnish timely information or approve or reasonable costs in responding and compensate ENGINEER at its disapprove of ENGINEER’s services or work product, or delays then standard rates for reasonable time incurred in gathering caused by faulty performance by the OWNER’s or by contractors of information and documents and attending depositions, hearings, any level or any other events or circumstances not within the and trial. reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. When such delays beyond ENGINEER’s 19. NO THIRD PARTY BENEFICIARIES reasonable control occur, the OWNER agrees that ENGINEER shall No third party beneficiaries are intended under this Agreement. In not be responsible for damages, nor shall ENGINEER be deemed in the event a reliance letter or certification is required under the default of this Agreement, and the parties will negotiate an equitable scope of services, the parties agree to use a form that is mutually adjustment to ENGINEER’s schedule and/or compensation if acceptable to both parties. impacted by the force majeure event or condition.

20. UTILITY LOCATION If underground sampling/testing is to be performed, a local utility locating service shall be contacted to make arrangements for all utilities to determine the location of underground utilities. In addition, OWNER shall notify ENGINEER of the presence and location of any underground utilities located on the OWNER’s property which are not the responsibility of private/public utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are properly marked. The OWNER agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from any claim of liability, injury or loss caused by or allegedly caused by ENGINEER’s damaging of underground utilities that are not properly marked or are not called to ENGINEER’s attention prior to beginning the underground sampling/testing.

21. UNMANNED AERIAL SYSTEMS If operating UAS, ENGINEER will obtain all permits or exemptions required by law to operate any UAS included in the services. ENGINEER’s operators have completed the training, certifications and licensure as required by the applicable jurisdiction in which the UAS will be operated. OWNER will obtain any necessary permissions for ENGINEER to operate over private property, and assist, as necessary, with all other necessary permissions for operations.

22. OPERATIONAL TECHNOLOGY SYSTEMS OWNER agrees that the effectiveness of operational technology systems (“OT Systems”) and features designed, recommended or assessed by ENGINEER are dependent upon OWNER’s continued operation and maintenance of the OT Systems in accordance with all standards, best practices, laws, and regulations that govern the operation and maintenance of the OT Systems. OWNER shall be solely responsible for operating and maintaining the OT System in accordance with applicable industry standards (i.e. ISA, NIST, etc.)

Terms & Conditions for Professional Services 3 (5/2020) A CITY COUNCIL AGENDA REPORT DATE: May 17, 2021 8-K DEPARTMENT: ENGINEERING Prepared by: Sue Polka, City Engineer ADMINISTRATOR: JRH

AGENDA ITEM: Award ofd – B 2018-015i 4 th Street South Improvements

ACTION TO BE CONSIDERED:

Adopt Resolution 2021-74 RESOLUTION ACCEPTING BIDS AND AWARDING 2018-015 4TH STREET SOUTH IMPROVEMENT PROJECT.

OVERVIEW: On March 15, 2021, the City Council adopted Resolution 2021-39, approving plans and specifications and ordered the advertisement for bids for the 4th Street South Improvements.

The bids were opened on April 20, 2021 and read as follows:

Contractor: Bid Meyer Contracting Inc. $1,344,474.86 McNamara Contracting $1,382,330.66 Douglas-Kerr Underground, L.L.C $1,468,609.10 Veit & Company, Inc. $1,510,000.00 Geislinger & Sons $1,658,044.35 Northdale Construction Company, Inc. $1,684,977.56 The Engineer’s Estimate at the time of bidding was $1,403,997.56.

Staff has reviewed the bid proposals and the lowest responsible bidder is Meyer Contracting, Inc., in the amount of $1,344,474.86. The bid is $626.44 higher than the low bid received in 2020.

RECOMMENDATION: Staff recommends adoption of Resolution 2021-62, awarding the contract for the 4th Street South Reconstruction to Meyer Contracting, Inc. in the amount of $1,344,474.86.

SOURCE OF FUNDS: The 2021 Capital Improvement Plan (CIP) includes $1.4 million for the reconstruction of the 4th Street South project from the following funding sources:

FUNDING SOURCE AMOUNT Capital Program Funds $675,000 Storm Sewer Utility $475,000 Water Utility $250,000 City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-74

RESOLUTION ACCEPTING BIDS AND AWARDING THE 4th STREET SOUTH IMPROVEMENT PROJECT TO MEYER CONTRACTING, INC.

WHEREAS, pursuant to advertisement for bids for the improvements outlined in the 4th Street South Improvement Project 2018-015, the bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement:

Meyer Contracting Inc. $1,344,474.86 McNamara Contracting $1,382,330.66 Douglas-Kerr Underground, L.L.C $1,468,609.10 Veit & Company, Inc. $1,510,000.00 Geislinger & Sons $1,658,044.35 Northdale Construction Company, Inc. $1,684,977.56

AND WHEREAS, it appears that Meyer Contracting Inc. is the lowest responsible bidder;

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

1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Meyer Contracting Inc. in the name of the City of South St. Paul for the improvements outlined in the 4th Street South Improvement Project 2018-015 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk.

2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed.

Adopted this 17th day of May, 2021.

______City Clerk A CITY COUNCIL AGENDA REPORT DATE: May 17, 2021 8-L DEPARTMENT: ENGINEERING Prepared by: Sue Polka, City Engineer ADMINISTRATOR: JRH

AGENDA ITEM: Award of Bid – 2018-015 Seidl’s Lake Lift Station

ACTION TO BE CONSIDERED:

Adopt Resolution 2021-76 RESOLUTION ACCEPTING BIDS AND AWARDING 2018-015 SEIDL’S LAKE LIFT STATION PROJECT.

OVERVIEW: On April 19, 2021, the City Council adopted Resolution 2021-62, approving plans and specifications and ordered the advertisement for bids for the Seidl’s Lake Lift Station.

The bids were opened on May 11, 2021 and read as follows:

Contractor: Bid Peterson Companies $372,951.25 Vinco, Inc. $398,750.00 Minger Construction Co., Inc. $410,000.00 Meyer Contracting, Inc. $437,605.40 Lametti and Sons, Inc. $479,969.00 The Engineer’s Estimate at the time of bidding was $545,625.00.

Staff has reviewed the bid proposals and the lowest responsible bidder is Peterson Companies in the amount of $372,951.25. WSB has provided a letter recommending the award to Peterson Companies (attached). The redesign of the project resulted in a bid that is substantially lower than the low bid received in 2020, which was $1,652,607.00.

RECOMMENDATION: Staff recommends adoption of Resolution 2021-76, awarding the contract for the Seidl’s Lake Lift Station to Peterson Companies in the amount of $372,951.25.

SOURCE OF FUNDS: The funding source is the State of Minnesota General Obligation Bond Grant that the City received in 2019. May 11, 2021 wsb

Honorable Mayor and City Council City of South St. Paul 125 Third Avenue N South St. Paul, MN 55075

Re: Seidl's Lake LiftStation Project City of South St. Paul Project No. 2018-015 WSB Project No. 017647-000

Dear Mayor and Council Members:

2 0 Bids were received for the above-referenced project on Tuesday, May 11, 2021, and were 0 opened and read aloud. A total of 5 bids were received. The bids were checked for (9 z mathematical accuracy and tabulated and there are no errors made on the Proposal Form. The w a'.) Engineer's Estimate was $545,625.00. The bid tabulation indicates the low bidder as Peterson Cl) s Companies, Chisago City, MN, in the amount of $372,951.25.

0 0 We recommend that the City consider these bids and award a contract to Peterson Companies, co "

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K:\017647-000\Admin\Construction Admin\017647-000 CST LOR_20210511.docx City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-76

RESOLUTION ACCEPTING BIDS AND AWARDING THE SEIDL’S LAKE LIFT STATION TO PETERSON COMPANIES

WHEREAS, pursuant to advertisement for bids for the improvements outlined in the Seidl’s Lake Lift Station Project 2018-015, the bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement:

Peterson Companies $372,951.25 Vinco, Inc. $398,750.00 Minger Construction Co., Inc. $410,000.00 Meyer Contracting, Inc. $437,605.40 Lametti and Sons, Inc. $479,969.00

AND WHEREAS, it appears that Peterson Companies is the lowest responsible bidder;

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

1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Peterson Companies in the name of the City of South St. Paul for the improvements outlined in the Seidl’s Lake Lift Station Project 2018-015 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk.

Adopted this 17th day of May, 2021.

______City Clerk City Council Agenda Date: 5/17/2021 8-M Department: Airport Prepared By: Andrew Wall Administrator: JRH

AGENDA ITEM: Approve Bid from Becher-Hoppe, Inc for the Independent Fee Estimate for Professional Consultant Services

ACTION TO BE CONSIDERED:

Approve Bid from Becher-Hoppe, Inc. for the Independent Fee Estimate for Professional Consultant Services to Update the Existing Exhibit A – Airport Property Map

Overview:

On May 10, 2021, Airport staff reached out to three engineering firms to request a bid for an Independent Fee Estimate for the 2021 Update to the Existing Exhibit A – Airport Property Map.

Preparation of an IFE can be completed in a number of ways, such as the following, or as approved by your local ADO: 1. A Sponsor having a staff with experience in estimating the professional services and negotiating contracts for these services can develop its own IFE for the services, based on the scope of services agreed upon in paragraph 2.12. 2. Sponsors having no staff with this expertise or having minimal or no previous experience may engage the services of a consultant on retainer for preparation of the IFE provided the consultant has experience with the services involved and who is not being considered for the project. 3. Alternatively, an independent engineering, architecture, or planning consultant may be retained to prepare an IFE provided this consultant was not on the pre-selection short-list. The consultant must have recent experience in airport work similar to that proposed and be familiar with FAA requirements and procedures. The Sponsor should request evidence that the consultant meets the above requirements. Because the total cost of the project is estimated to be more than $100,000.00, a detailed fee/cost analysis is required.

Because this project is part of the 2021 FAA Grant for the Runway Reconstruction, this Property Map Update will be fully funded by the FAA. The most recent stimulus legislation included 100% funding for FAA AIP Projects in 2021.

One bid was received with the bid results as follows:

BIDDERS TOTAL BID Becher-Hoppe, Inc $3,500.00

Airport Staff recommends awarding the agreement to Becher-Hoppe, Inc.

This project will be included in our 2021 Grant Request with the FAA and will be 100% funded by the FAA.

Source of Funds:

FAA

SERVICES AGREEMENT May 11, 2021

Andrew Wall, Manager South St. Paul Municipal Airport (SAS) 1725 Henry Ave South St. Paul, MN 55075

This is an Agreement for services between Becher-Hoppe Associates, Inc., Wausau, Wisconsin (Consultant) and the South St. Paul Municipal Airport (Client) for preparation of an Independent Fee Estimate (IFE) for professional consultant services to update the existing Exhibit A – Airport Property Map for land acquisition and for compliance with FAA SAP 3.0.

Scope of Services Becher Hoppe will review of the Consultant’s Scope of Work, wage rates, and overhead rate provided by the Client and prepare an independent fee estimate for services. Deliverables will include a transmittal letter with an estimated consultant fee range, consultant Scope of Work, and a spreadsheet exhibit with a tabulation of estimated effort (hours) and cost by employee classification. Deliverables will be provided via email.

Completion Dates The timeline for IFE preparation and deliverables follows:  May 18, 2021 - IFE firm receives IFE materials from SGS  June 8, 2021 - IFE firm provides SGS independent fee estimate resultsConstruction Services  June 21, 2021 – SEH proposal considered at City Council

Basis for Compensation Compensation for our services shall be a lump fee of $3,500.

Project Personnel The Project Manager will be Randy Van Natta, P.E. who may be reached at telephone 715.571.8116, or email at [email protected]. The secondary contact is Karl Kemper, P.E. at telephone 715.551.5507, or email at [email protected].

Standard Consultant Provisions Included as part of this Agreement are our Standard Agreement Provisions, which are, hereby, made a part of this Agreement.

Acceptance Return one signed copy to our office, email is acceptable. This agreement is valid for 30 days.

Signature

President May 12, 2021 Becher-Hoppe Associates, Inc. (Consultant) Title Date

Client (Authorized agent of Client) Title Date

Becher-Hoppe Associates, Inc. Standard Agreement Provisions

1. Billings and Payments Becher-Hoppe Associates, Inc. (Consultant) will provide Client with monthly invoices. Payment is due upon receipt. Amounts unpaid after 30 days will bear interest of 1.5% per month (18% annually) until paid.

2. Construction Phase Services If this Agreement provides for any construction phase services by Consultant, it is understood that the Contractor, not Consultant, is responsible for the construction of the project, and that Consultant is not responsible for the acts or omissions of any contractor, subcontractor or material supplier; for safety precautions, programs or enforcement; or for construction means, methods, techniques, sequences and procedures employed by the Contractor.

3. Dispute Resolution Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association in effect at the date of this agreement.

4. Force Majeure Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence.

5. Hazardous Environmental Conditions It is acknowledged by both parties that Consultant’s scope of services does not include any services related to the presence at the site of asbestos, PCB’s, petroleum, hazardous waste or radioactive materials. Client acknowledges that Consultant is performing professional services for Client and Consultant is not and shall not be required to become an “arranger,” “operator,” “generator” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA).

6. Indemnification Client and Consultant each agree to indemnify and hold the other harmless, and their respective officers, employees, agents and representatives from and against liability for all claims, losses, damages and expenses, including reasonable attorney’s fees, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party’s negligent acts, errors or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and Consultant, they shall be borne by each party in proportion to its negligence.

7. Opinion of Cost When included in Consultant’s scope of services, opinions or estimates of probable construction cost are prepared on the basis of Consultant’s experience and qualifications and represent Consultant’s judgment as a professional generally familiar with the industry. However, since Consultant has no control over the cost of labor, materials, equipment or services furnished by others, over contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from Consultant’s opinions or estimates of probable construction cost.

8. Standard of Care The standard of care for all professional services performed or furnished by Consultant under this Agreement will be the skill and care used by members of Consultant’s profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant’s services.

9. Termination of Contract Client may terminate this Agreement with seven days’ prior written notice to Consultant. Failure of Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until Consultant has been paid in full all amounts due for services, expenses and other related charges.

10. Ownership of Documents All documents prepared or furnished by Consultant pursuant to this Agreement are instruments of Consultant’s professional service, and Consultant shall retain an ownership and property interest therein. Consultant grants Client a license to use instruments of Consultant’s professional service for the purpose of constructing, occupying and maintaining the Project. Reuse or modification of any such documents by Client, without Consultant’s written permission, shall be at Clients sole risk, and Client agrees to indemnify and hold Consultant harmless from all claims, damages and expenses, including attorney’s fees, arising out of such reuse by Client or by others acting through Client.

11. Use of Electronic Media Copies of documents that may be relied upon by Client are limited to the printed copies, (also known as hard copies) which are signed or sealed by Consultant. Files in electronic media format or text, data, graphic or other types that are furnished by Consultant to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. When transferring documents in electronic media format, Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by Consultant at the beginning of this assignment. Rev. 7/2016 DaA CITY COUNCIL AGENDA REPORT DATE: May 17, 2021 8-N DEPARTMENT: POLICE Prepared By: William Messerich ADMINISTRATOR: JRH

AGENDA ITEM: Dakota County All-Hazard Mitigation Planning Process

ACTION TO BE CONSIDERED:

Adopt Resolution 2021 – 078 to Participate in the All-Hazard Mitigation Planning Process.

OVERVIEW:

Keeping residents safe when disaster strikes is important to Dakota County and South St. Paul. In 2005, 2010 and 2016, the County partnered with cities in the County to prepare a plan to reduce damages related to disaster events and ensure communities remain eligible for FEMA (Federal Emergency Management Agency) funds to mitigate and recover from a disaster. This multi-jurisdictional plan is the Dakota County All-Hazard Mitigation Plan, approved in 2006, 2011 and 2016. FEMA requires the plan be updated every five years and an updated plan is due in 2021.

The County and incorporated cities are required to have a plan, and City staff believes it is beneficial to partner on a multi-jurisdictional plan. To be included in the Dakota County plan, FEMA requires the city to have a formal resolution adopted by the City Council stating the City of South St. Paul will be part of this multi-jurisdictional plan.

South St. Paul staff will be involved in the update process with Dakota County. We will be providing information specific to South St. Paul and will have an opportunity to review and approve the updated plan before it is submitted to FEMA.

SOURCE OF FUNDS:

N/A

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-078

Resolution to Participate in All-Hazard Mitigation Planning Process

WHEREAS, the County of Dakota coordinated preparation of an initial multi- jurisdiction All-Hazard Mitigation Planning Process as established under the Disaster Mitigation Act of 2000; and

WHEREAS, the Dakota County All-Hazard Mitigation Plan was updated and approved in 2011 and 2016 with participation by the cities within Dakota County; and

WHEREAS, federal law requires the plan be updated every five years and the next update is due in 2021; and

WHEREAS, the City of South St. Paul participated in drafting the 2016 Dakota County All-Hazard Mitigation Plan, and later reviewed and approved the plan; and

WHEREAS, the Act requires public involvement and local coordination among local units of government and businesses as part of the planning process; and

WHEREAS, the Plan must include descriptions of land uses and development trends, risk assessment including past hazards, hazards that threaten the County, maps of hazards and estimates of structures at risk; and

WHEREAS, the Plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs, in addition to a maintenance or implementation process including Plan updates, integration of the Plan into other planning documents and public education components; and

WHEREAS, approval of the All-Hazard Mitigation Plan update will continue the County’s eligibility to receive federal and state Hazard Mitigation Grant Program project grants; and

WHEREAS, this resolution does not preclude the City of South St. Paul from preparing its own plans sometime in the future, should they desire to do so.

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

1. That the City of South St. Paul supports the County All-Hazard Mitigation Planning effort, agrees to participate with the County in preparing an update to the multi- jurisdictional plan and recognizes the Plan will apply within the townships.

Adopted this 17th day of May 2021.

______City Clerk A CITY COUNCIL AGENDA REPORT DATE: May 17, 2021 8-O DEPARTMENT: POLICE Prepared By: William Messerich ADMINISTRATOR: JRH

AGENDA ITEM: Adopt Resolution Accepting Minnesota Department of Commerce Grant Funding

ACTION TO BE CONSIDERED:

Adopt Resolution 2021-079 Accepting Minnesota Department of Commerce - Automobile Theft Prevention Grant Program Funding.

OVERVIEW:

Police Department staff submitted two separate grant applications through the Minnesota Department of Commerce-Automobile Theft Prevention Grant Program, seeking funding to support auto theft investigations through both dedicated staffing as well as technology.

Staff was notified the week of May 3rd, 2021 that both applications were reviewed, funds have been awarded and the grant contracts have been forwarded for signature. The first grant awards funding for dedicated auto theft investigation, training, and membership into the International Association of Auto Theft Investigators while the second awards funding for the acquisition of Automated License Plate Reader (ALPR) systems, associated software licensing and enhanced crime scene processing training. The acquisition of ALPR systems supported by this grant will assist the Police Department with stolen vehicle recoveries, locating wanted and missing persons, and provide invaluable investigatory assistance for a variety of crimes involving vehicles. The Police Department has obtained funding assistance from the Minnesota Department of Commerce in 2012, 2013, 2015, 2017, and 2019 from this same grant program and the acquisition of these ALPR systems have previously been identified in the 2021-2025 CIP.

The total grant award for the City of South St. Paul is $87,181.

The combined total grant award for South St. Paul is $41,763 for FY 2022 and $45,418 for FY 2023 and there is no financial match requirement for acceptance of these grants.

This agenda item serves as documentation of the Police Department accepting these funds and authorization to purchase equipment consistent with the terms and conditions of the grants.

SOURCE OF FUNDS:

N/A

City of South St. Paul Dakota County, Minnesota

Resolution No. 2021-079

ACCEPTANCE OF MINNESOTA DEPARTMENT OF COMMERCE DIVISION OF INSURANCE FRAUD PROCTECTION GRANT FUNDING

WHEREAS, the City of South St. Paul has submitted grant proposals to the Minnesota Department of Commerce Division of Insurance Fraud Protection in support of combatting auto theft in our community;

WHEREAS, the City Council has reviewed and considered accepting the Minnesota Department of Commerce Division of Insurance Fraud Protection Grant funding to combat auto theft in our community;

WHEREAS, the City Council has adopted a resolution accepting the Minnesota Department of Commerce Division of Insurance Fraud Protection Grant funding to combat auto theft in our community;

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

1. That the Minnesota Department of Commerce Division of Insurance Fraud Protection Grant and the transactions contemplated thereby is hereby, in all things, adopted and approved.

2. That the Mayor and the City Clerk are authorized to formalize this Resolution in the name of and on behalf of the City in the form hereby approved.

Adopted this 17th day of May 2021.

______City Clerk Grant Contract State of Minnesota

SWIFT Contract No. ______

This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce ("State") and the City of South St. Paul, 125 3rd Avenue North, South St. Paul, MN 55075 ("Grantee").

Recitals 1. Under Minn. Stat. § 65B.84, the State is empowered to enter into this grant.

2. The State is in need of projects to reduce the incidence of automobile theft and automobile theft related crirme. Grant awards pursuant to its Request for Proposals have been made for that purpose.

3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn. Stat. § 16B.98 Subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant.

Grant Contract

1 Term of Grant Contract 1.1 Effective date: July 1, 2021, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State’s Authorized Representative to begin the work.

1.2 Expiration date: June 30, 2023, or until all obligations have been satisfactorily fulfilled, whichever occurs first. The contract may be extended for up to an additional 3 years in increments as determined by the State, through a duly executed amendment.

1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure.

2 Grantee’s Duties 2.1 Activities. The Grantee, who is not a state employee, will perform project activities in accordance with the specified tasks and line-item budget approved by the State, which is attached and incorporated into this contract as Exhibit A, and will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd. 4(a)(1).

2.2 Reporting Requirements. Grantee shall report to the State as specified in the Grant Manual of the Office of Justice Program, which is posted online at https://dps.mn.gov/divisions/ojp/grants/Documents/grant-manual.pdf and is incorporated by reference into this grant contract. (1) Financial Reporting. Grantee shall submit a financial reporting form to the State’s Authorized Representative utilizing the format identified by the State within 30 days after the end of the reporting period. (2) Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the

Automobile Theft Prevention Grant Program FY 22-23 1 end of the reporting period. (3) Other Requirements. Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. (4) Evaluation. The State shall have the authority, during the course of this grant period, to conduct evaluations of the performance of the Grantee. (5) Requirement Changes. The State may modify or change all reporting forms at its discretion during the grant period. (6) Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Grantee’s successful implementation of the program. The State will notify the Grantee in writing of any special administrative requirements.

2.3 Equipment (1) Definitions. Equipment and materials include items and supplies purchased with grant funds. This may include, but is not limited to, GPS trackers, cameras, computer software, ALPR’s, and bait cars. Capital equipment is defined as a single item purchased with a value of $5,000 or more. (2) Purpose. All equipment and materials purchased with grant funds shall be used primarily for the purpose of the grant for the entire duration of the term of the agreement. (3) Inventory. The Grantee shall place all equipment and materials having a value of over $100 purchased with grants funds on a grant property inventory form. The inventory form must be submitted with quarterly reports. The Grantee shall provide a copy of the grant inventory to the State’s Authorized Representative. (4) Inspection. The Grantee shall make all equipment and materials purchased with grants funds available for inspection by the State’s Authorized Representative. (5) Replacement. The Grantee is responsible for replacing or repairing property which is lost, stolen, damaged or destroyed. Any loss, damage or theft of equipment must be investigated and fully documented and made part of the official grant contract records. Stolen property must be reported promptly to the appropriate law enforcement agency and a copy of the report retained in the program files. (6) Discontinuation of Use During Grant Term. If the Grantee ceases using equipment (including capital equipment) or materials for the intended purpose during the term of the agreement, the Grantee shall contact the State’s Authorized Representative for disposition of property instructions. Disposition may include sale, transfer to the State, or transfer to another grantee. (7) Discontinuation of Use of Capital Equipment. Capital equipment must be retained in inventory for a five-year period or when the value of the equipment has depreciated to less than $5,000, whichever comes first. If the Grantee ceases using capital equipment for the intended purpose during this time, the Grantee shall contact the State’s Authorized Representative for disposition of property instructions. Disposition may include sale, transfer to the State, or transfer to another grantee.

2.3 Personnel If the grant provides funding for personnel, the funded personnel shall work on grant activities. Full- time funded positions must work exclusively on grant activities, excluding ancillary duties such as training, meetings, covering a court calendar, assisting others on a short-term project. Part-time or

Automobile Theft Prevention Grant Program FY 22-23 2 overtime funding positions must keep a record of their hours spent on grant activities. The Grantee shall inform the State’s Authorized Representative of the staff names who are assigned to and funded by the grant. If staff are reassigned or discontinued for more than 14 days, the grantee shall promptly notify the State’s Authorized Representative.

3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence.

4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:

(a) Compensation. The Grantee will be reimbursed for activities and budget amounts according to the line-item budget approved by the state in Exhibit A:

(1) $29,638 is available for fiscal year 2022

(2) $29,638 is available for fiscal year 2023

Grant funds available for fiscal year 2022 are permitted to be carried forward into fiscal year 2023 only upon written request and with written approval in advance by the State’s Authorized Representative.

(b) Line-item Changes. Expenditures specified in Exhibit A may not be moved from one line-item to another unless in accordance with the requirements listed below: (1) Any changes to the line-item budget must advance the purpose of the Automobile Theft Prevention Grant Program and must remain within the total dollar amount available for each fiscal year. (2) Any fund transfers must be approved in advance in writing by the State’s Authorized Representative, and will not be effective until an amendment to this Agreement has been executed. (3) The State may refer approval requests for line-item transfer(s) to the Automobile Theft Prevention Advisory Board to review for reasonableness.

(c) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed the amount identified and approved for travel in Exhibit A; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state.

(d) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $59,276.

4.2 Payment (a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the costs actually performed and the State's Authorized Representative accepts the invoiced services.

Automobile Theft Prevention Grant Program FY 22-23 3 Invoices must be submitted timely upon completion of services, but not more often than monthly. The state fiscal year is July 1 to June 30 of each year. Amounts submitted on each invoice must reflect goods ordered and services rendered prior to June 30 of each fiscal year. The final invoice pertaining to each state fiscal year of this grant contract must be received by the close of business on July 31 following the end of the fiscal year.

(b) Unexpended Funds. The Grantee must promptly return to the State any unexpended funds that have not been accounted for in a financial report to the State due at grant closeout.

4.3 Contracting and Bidding Requirements. Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law.

For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole.

5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law.

6 Authorized Representative The State's Authorized Representative is Joseph Boche, Grant Manager, 85-7th Place E, St. Paul, MN, 651-539-1605, or his successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment.

The Grantee’s Authorized Representative is William Messerich, 125 3rd Avenue North, South St. Paul, MN 55075. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State.

7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party.

8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any

Automobile Theft Prevention Grant Program FY 22-23 4 claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract.

9 State Audits Under Minn. Stat. §16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later.

10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law.

10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys’ fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions.

If such a claim or action arises, or in Grantee's or the State’s opinion is likely to arise, Grantee shall, at the State’s discretion, either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law.

11 Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility.

12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with

Automobile Theft Prevention Grant Program FY 22-23 5 respect to the program, publications, or services provided resulting from this grant contract.

12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.

13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.

14 Termination 14.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro-rata basis, for services satisfactorily performed.

14.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed.

14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if: a) It does not obtain funding from the Minnesota Legislature; or b) If funding cannot be continued at a level sufficient to allow for the payment of the services covered here.

Termination must be by written notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro-rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice.

15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.

16 Other Provisions

16 Activities Requiring Prior Written Approval The following require prior written approval: (1) Material program modifications: a. Expanding your geographic area. b. Changing organizations involved in activities (expansion, contraction or revision) c. Revising activities and timelines.

Automobile Theft Prevention Grant Program FY 22-23 6 d. Amending the number of activities or number of individuals you proposed to serve. e. Revising your target population. (2) Purchase of capital equipment. (3) Purchase of equipment not specified within the grant agreement. (4) Reallocation of funds from one line item to another. (5) Contracts of $5,000 or more. (6) Out of state travel when grant funds are used. (7) Disposal of equipment purchased with grant funds during the term of the grant. (8) Disposal of capital equipment at any time during the during the term of the grant, and for 5 years from the date of purchase of the equipment or when the equipment has a value less than $5,000, whichever comes first.

1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. By: ______(with delegated authority) Signed: ______Title: ______Date: ______Date: ______SWIFT Contract/PO No(s).______

2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances.

By: ______

Title: ______

Date: ______

Phone: ______

Email: ______

Automobile Theft Prevention Grant Program FY 22-23 7 EXHIBIT A

Automobile Theft Prevention Grant Program FY 22-23 8 Grant Contract State of Minnesota

SWIFT Contract No. ______

This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce ("State") and South St. Paul Police Department 125 3rd Avenue N. South St. Paul, MN 55075 ("Grantee").

Recitals 1. Under Minn. Stat. § 65B.84, the State is empowered to enter into this grant.

Grant Contract

3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence.

4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows:

(a) Compensation. The Grantee will be reimbursed for activities and budget amounts according to the line-item budget approved by the State in Exhibit A:

(1) $12,125.00 is available for fiscal year 2022

(2) $15,780.00 is available for fiscal year 2023

(d) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $27,905.

(b) Unexpended Funds. The Grantee must promptly return to the State any unexpended funds that have not been accounted for in a financial report to the State due at grant closeout.

4.3 Contracting and Bidding Requirements. Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law.

The Grantee’s Authorized Representative is William Messerich 125 3rd Avenue N. South St. Paul, MN 55075. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State.

8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any

11 Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility.

Automobile Theft Prevention Grant Program FY 22-23 5 respect to the program, publications, or services provided resulting from this grant contract.

12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.

16 Other Provisions

2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances.

By: ______

Title: ______

Date: ______

Phone: ______

Email: ______

Automobile Theft Prevention Grant Program FY 22-23 7 Exhibit A - Part-Time Investigator (Metro MN)

Award FY 2022 FY 2023* Total Part-Time Investigator $ 12,000.00 $ 12,000.00 $ 24,000.00 IAATI 1 Year Registration $ 55.00 $ 55.00 IAATI Certified Investigator Training & Registration $ 125.00 $ 125.00 IAATI 2022 Conference Registration - Chicago, IL $ 475.00 $ 475.00 IAATI 2022 Conference Travel (air, hotel, per diem, incidental) - Chicago, IL $ 3,000.00 $ 3,000.00

IAATI 2023 Conference Registration - Bloomington, MN $ 250.00 $ 250.00 TOTALS $ 12,125.00 $ 15,780.00 $ 27,905.00

• Salary and benefits will be paid 25% per quarter. • *Pending approval of satisfactory performance as determined by State’s Authorized Representative by April, 2022.

Automobile Theft Prevention Grant Program FY 22-23 8 Exhibit – SSP

South St. Paul Approved FY 2022 Approved FY 2023 Total Approved Training Crime Scene Processing School $ 1,400.00 $ 1,400.00 $ 2,800.00

Program Expenses BOSS LPR License $ 3,395.00 $ 3,395.00 $ 6,790.00

Equipment Over $5,000 Per Unit PIPS 4 Cam LPR Systems $ 24,843.00 $ 24,843.00 $ 49,686.00

Total $ 29,638.00 $ 29,638.00 $ 59,276.00 A CITY COUNCIL AGENDA REPORT DATE: MAY 17TH, 2021 8-P DEPARTMENT: POLICE Prepared By: Brian Wicke ADMINISTRATOR: JRH

AGENDA ITEM: Approve Hire of Community Service Officer

ACTION TO BE CONSIDERED:

Motion to make a conditional job offer to Ryan Pavlak for a part time Community Service Officer position, effective on or after June 14th, 2021, at the starting salary as outlined in the current AFSCME contract, contingent on the successful completion of a background investigation.

OVERVIEW: The Community Service Officer (CSO) position is a uniformed, non-sworn position in the Police Department. Primary CSO responsibilities include park patrol, animal control, and support services for the Police Department. In addition to these primary responsibilities, the CSO position is assigned with resolving code enforcement violations tasked to the police department.

As of May 2021, three of the four Community Service Officers within the Police Department are attending their Law Enforcement Skills training, which is the final component required prior to obtaining eligibility for licensure as a police officer. A statewide shortage of quality applicants, combined with the individual skill sets of our Community Service Officers leads us to believe that they will begin to obtain licensed police officer positions later this year, leaving a significant void in our authorized staffing, and directly impact our ability to meet our code enforcement and animal control obligations. By hiring now, we will be able accomplish the training prior to the departure of our current staff members.

The CSO position is a AFSCME Union position requiring an internal job posting. No internal candidates were identified; therefore, the position was posted publicly in late January of 2021. Interviews were conducted with all eligible applicants and a candidate has been identified.

Ryan Pavlak is a graduate of Mahtomedi High School, is currently attending the University of MN pursuing a degree in Sociology of Law, Criminology and Deviance, is active in outdoor recreational activities and is the great grandson of Officer Leo Pavlak, who lost his life in the line of duty in 1933 serving the City of South St. Paul.

Police Department staff feel that Ryan Pavlak will be an excellent addition to the Police Department and recommends his appointment to the position of part time Community Service Officer. A redacted copy of his application is attached.

SOURCE OF FUNDS:

2021 Police Protection Budget

City Council Agenda Date: May 17, 2021 8-Q Department: Airport Prepared By: Andrew Wall Administrator: JRH

AGENDA ITEM: Approve Plans & Specifications and Call for Bids for AIR-12-112 2021 Runway 16/34 Reconstruction at the South St. Paul Airport

ACTION TO BE CONSIDERED:

A motion to adopt RESOLUTION 2021-82 APPROVING THE PLANS AND SPECIFICATIONS FOR AIR-12-112 2021 RUNWAY 16/34 RECONSTRUCTION AT THE SOUTH ST. PAUL AIRPORT AND ORDERING ADVERTISEMENT FOR BIDS.

OVERVIEW:

Runway 16/34 is the sole runway at South St. Paul Municipal Airport – Fleming Field. The runway is approximately 4,000 feet in length and 100 feet wide. The existing bituminous pavement has been in place since the 1990s and studies have indicated that it is reaching the end of its useful life. SEH has finalized the design of the runway reconstruction and is ready to advertise for bids so that we can continue the grant application process with the FAA.

This project will consist of full depth reclamation of the existing runway and some of the taxiway connectors. It will also include new airfield lighting and signs as well as the replacement of the existing culverts and grading to improve drainage.

SEH has prepared the final design plans. Review of the final plans has been done by Airport Staff. The City of South St. Paul will provide bidding services and SEH will assist with grant administration.

RECOMMENDATIONS:

Staff recommends adopting a resolution to approve the plans and specifications for the project and authorize advertisement for bids.

SOURCE OF FUNDS:

The engineers estimate for this project is $4.1 million dollars but because this project is part of the 2021 FAA Grant for the Runway Reconstruction, it will be fully funded by the FAA. The most recent stimulus legislation included 100% funding for FAA AIP Projects in 2021. With 100% funding, the City of South St. Paul is saving an estimated $205,000 (5%) from a more normal funding arrangement!

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-82

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR AIR-12-112 RUNWAY 16/34 RECONSTRUCTION AND ORDERING ADVERTISEMENT FOR BIDS

WHEREAS, Short Elliott Hendrickson, Inc has prepared plans and specifications for the following improvements:

AIR-12-112 RUNWAY 16/34 RECONSTRUCTION

For reclamation of all layers of bituminous pavement, installation of new airfield lights and signs and has presented such plans and specifications to the City Council for approval.

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

1. Such plans and specifications, a copy of which is attached hereto and made a part thereof by reference are hereby approved.

2. Short Elliott Hendrickson shall prepare and cause to be inserted in the official paper and posted on Quest CDN, an advertisement for bids for the making of such improvements under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be received by the Airport Manager until 2:00 P.M. on June 15th, 2021, at which time the bids will be publicly opened in the Airport Conference Room at the Airport Terminal by the Airport Manager and SEH representatives, will then be tabulated. Bids will be considered by the Council at a regular City Council meeting in the Council Chambers at City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Airport Manager and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the City Clerk for 5% of the amount of such bid.

Adopted this 17th day of May, 2021.

______City Clerk DOCUMENT 00 11 13

ADVERTISEMENT FOR BIDS

2021 Runway 16/34 Reconstruction South Saint Paul Municipal Airport South Saint Paul, Minnesota AIP No. 3-27-0093-22-21 SP No. A1903-77 SEH No. SSTPA 152495

Notice is hereby given that Sealed Bids will be received by the South St. Paul Municipal Airport until 2:00pm, Tuesday, June 15, 2021at the South St. Paul Municipal Airport – Fleming Field Terminal Building, Airport Manager’s Office, 1725 Henry Ave, South St. Paul, MN 55075, at which time they will be publicly opened and read aloud, for the furnishing of all labor and material for the construction of 2021 Runway 16/34 Reconstruction project.

Major components of the Work include: Pavement removal, reclamation, grading, P-208 aggregate base, P-401 bituminous paving, pipe culverts, airfield lighting and circuitry, and turf restoration.

The Bidding Documents may be viewed for no cost at http://www.sehinc.com by selecting the Project Bid Information link at the bottom of the page and the View Plans option from the menu at the top of the selected project page.

Digital image copies of the Bidding Documents are available at http://www.sehinc.com for a fee of $30. These documents may be downloaded by selecting this project from the “Project Bid Information” link and by entering eBidDocTM Number 7766934 on the SEARCH PROJECTS page. For assistance and free membership registration, contact QuestCDN at 952.233.1632 or [email protected].

In addition to digital plans, paper copies of the Bidding Documents may be obtained from Docunet Corp. located at 2435 Xenium Lane North, Plymouth, MN 55441 (763.475.9600) for a fee of $120.00.

Paper Bids shall be on the form provided for that purpose and according to the Bidding Requirements prepared by SEH dated May 2021.

A pre-Bid conference will be held at 10 a.m. on Monday, June 7th, 2021 at the South St. Paul Municipal Airport – Fleming Field Terminal Building, 1725 Henry Ave, South St. Paul, MN 55075. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference.

Bid security in the amount of 5 percent of the Bid must accompany each Bid in accordance with the Instructions to Bidders.

A Contractor responding to these Bidding Documents must submit to the City/Owner a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in Minnesota Statutes, section 16C.285, subdivision 3.

Bids shall be directed to the Airport Manager, securely sealed and endorsed upon the outside wrapper, “BID FOR 2021 RUNWAY 16/34 RECONSTRUCTION.”

The City of South Saint Paul reserves the right to reject any and all Bids, to waive irregularities and informalities therein and to award the Contract in the best interests of the City of South Saint Paul.

Andrew Wall Airport Manager South Saint Paul, Minnesota

Advertisement for Bids SSTPA 152495 00 11 13 - 1 A CITY COUNCIL AGENDA REPORT DATE: May 17, 2021 8-R DEPARTMENT: ENGINEERING Prepared by: Sue Polka, City Engineer ADMINISTRATOR: JRH

AGENDA ITEM: Concord Street Improvements – Contractor Hours of Operation

ACTION TO BE CONSIDERED:

Consider Eureka Construction’s request for Saturday construction hours.

OVERVIEW:

The City Code Section 380-30 restricts Saturday construction activities to the hours of 9:00 a.m. to 9:00 p.m. unless alternate hours are approved by the City Council. Eureka Construction has submitted the attached request to start work at 7:00 a.m. on Saturday mornings.

Staff requests that the City Council approve the revised Saturday working hours allowing Eureka Construction to begin at 7:00 a.m. on Saturdays. This would not include the concrete and asphalt operation which is limited in hours by the Interim Use Permit.

SOURCE OF FUNDS:

N/A 5/13/2021

Sue Polka South St. Paul City Engineer 125 3rd Avenue North South St. Paul, MN 55075

RE: Concord Street Improvements Saturday work hours

Mrs. Polka, The city hours of work are 7 am – 10 pm Monday through Friday and 9 am to 9 pm on Saturdays. Eureka Construction is requesting to be allowed to start work on Saturdays at 7 am for the duration of the project. Time is of the essence for this work. We have scheduled a six-day work week and expect to need Saturday work hours to complete the project on time. I expect our Saturday work hours to be 7 am to 3 pm. We would like to have our crews done earlier on Saturdays so they can get home and we can leave your residents quieter Saturday afternoons. Thanks for your consideration.

Mike Derr Project Manager/Estimator

20141 Icenic Trl Lakeville, MN 55044 Tel. (952) 469-5685 Fax (952) 469-5228 City Council Agenda Date: May 17, 2021 8-S Department: Airport Prepared By: Andrew Wall Administrator: JRH

Agenda Item: Approve Agency Agreement for Federal Airport Expenses Reimbursement at the South St. Paul Airport

Action to be considered:

Adopt Resolution 2021-87 Approving an Agency Agreement for Federal Airport Expenses Reimbursement between MNDOT and the City of South St. Paul

Overview:

The Coronavirus Response and Relief Supplemental Appropriation Act (CRSSA), signed into law on December 27, 2020, includes $2 billion in funds to be awarded as economic relief to eligible U.S. Airports affected by the prevention of, or preparation for, and response to the COVID-19 pandemic. To distribute these funds, the FAA has established the Airport Coronavirus Response Grant Program (ACRGP). The FAA has made grants to all airports that are part of the national airport system, including all commercial service airports, all reliever airports, and some public-owned general aviation airports.

Pursuant to Minnesota Statutes Sections 360.016 and 360.039, subd. 2, the City of South St. Paul desires MNDOT to act as the City’s agent in accepting the federal funds on the City’s behalf and disbursing the federal funds to the City of South St. Paul for expenses at the airport.

South St. Paul Airport – Fleming Field has been awarded $23,000 to be put towards operational expenses such as airport maintenance, utility bills, payroll, etc.

Source of Funds:

N/A

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-87 RESOLUTION RELATING TO AIRPORT: APPROVE AGENCY AGREEMENT FOR FEDERAL AIRPORT EXPENSES REIMBURSEMENT BETWEEN MNDOT AND THE CITY OF SOUTH ST. PAUL

WHEREAS, The City Council has reviewed and considered an agreement for Federal Airport Expense Reimbursement Between the City of South St. Paul and the MNDOT (the “Agreement”);

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 Agreement 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 Agreement in the name and on behalf of the City in the form hereby approved.

Adopted this 17th day of May 2021.

______City Clerk

Rev. 5/2021 RESOLUTION

AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR FEDERAL AIRPORT EXPENSES REIMBURSEMENT

It is resolved by the City of South St. Paul as follows:

1. That the state of Minnesota Agreement No. 1046840,

"Grant Agreement for Federal Airport Expenses Reimbursement,” for

State Project No. A1903-C2 at the South St Paul Municipal-Richard E Fleming

Field is accepted.

2. That the ______and ______are (Title) (Title)

authorized to execute this Agreement and any amendments on behalf of the

City of South St. Paul.

CERTIFICATION

STATE OF MINNESOTA COUNTY OF ______

I certify that the above Resolution is a true and correct copy of the Resolution adopted by the

______(Name of the Recipient) at an authorized meeting held on the ______day of ______, 20 as shown by the minutes of the meeting in my possession.

Signature: ______(Clerk or Equivalent)

______CORPORATE SEAL /OR/ NOTARY PUBLIC

My Commission Expires: ______MnDOT Contract No. 1046840

STATE OF MINNESOTA AGENCY AGREEMENT for FEDERAL AIRPORT EXPENSES REIMBURSEMENT This agreement is entered into by and between the City of South St. Paul (“Local Government”) and the State of Minnesota, acting through its Commissioner of Transportation (“MnDOT”). RECITALS 1. Local Government has received an Airport Coronavirus Response Grant Program (“ACRGP”) Grant under the Coronavirus Response and Relief Supplemental Appropriations Act (“CRRSA Act”) (Public Law 116-260) directly from the Federal Aviation Administration (“FAA”) to reimburse eligible airport expenses at Local Government’s airport. 2. This agreement is not a subgrant of the ACRGP Grant funds. The FAA will be conducting oversight and monitoring the ACRGP Grant funding (see CRRSA FAQs for more information, at: https://www.faa.gov/airports/crrsaa/media/ACRGP-FAQs-20210212.pdf). 3. Pursuant to Minnesota Statutes Sections 360.016 and 360.039, subd. 2, the Local Government desires MnDOT to act as the Local Government’s agent in accepting the federal funds on the Local Government’s behalf and disbursing the federal funds to the Local Government for expenses at the airport. AGREEMENT TERMS 1. Term of Agreement 1.1. Effective Date: This agreement will be effective on the date the MnDOT obtains all required signatures under Minn. Stat. §16C.05, Subd. 2. 1.2. Expiration Date: This agreement will expire on July 31, 2025. 2. Local Government’s Duties 2.1. The Local Government designates MnDOT to act as its agent in accepting the federal funds on its behalf and disbursing the federal funds to the Local Government for airport expenses deemed allowable by the FAA under the CRRSA Act. 2.2. The Local Government will prepare reports, keep records, and perform work so as to meet federal requirements and to enable MnDOT to disburse the federal aid sought by the Local Government. 2.3. The Local Government will comply with all applicable Federal, State, and local laws, ordinances, and regulations. The Local Government will comply with all requirements and assurances in the ACRGP Grant, which is incorporated into this contract by reference. 3. MnDOT’s Duties 3.1. MnDOT accepts designation as agent of the Local Government for the receipt of the federal funds and disbursement of the federal funds to the Local Government and will act in accordance herewith. 3.2. MnDOT will make the necessary requests to the FAA for authorization to disburse federal funds for airport expenses and for reimbursement of eligible costs under the CRRSA Act. 3.3. MnDOT may withhold federal funds where the FAA determines that airport expenditures were not made in compliance with federal requirements.

Updated November 22, 2017 1 MnDOT Contract No. 1046840

3.4. MnDOT, the FAA, or duly authorized representatives of the state and federal government will have the right to audit the work performed under this agreement. The Local Government will make available all books, records, and documents pertaining to the work hereunder, for a minimum of six years following the closing of the contract. 4. Payment 4.1. Eligibility. Eligible expenses under the act include costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Eligible expenses will be determined by the Federal Aviation Administration. Eligible expenses will be determined in accordance with FAA’s Policy and Procedures Concerning the Use of Airport Revenues, 64 Federal Register 7696 (64 FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330), which is incorporated into this agreement by reference, and the CRRSA Act. 4.2. Reimbursement. Local Government has been awarded $23,000 in Federal CRRSA Act funding to reimburse federally-eligible expenses at airport(s) it operates. Local Government will be reimbursed for 100% of federally-eligible expenses not reimbursed by any other source. The Local Government will pay any part of the cost or expense that is not paid by federal, state, or other funds. MnDOT will receive the federal funds to be paid by the FAA for eligible expenses and will reimburse the Local Government from said federal funds for each payment request, subject to the limits of those funds. 4.3. Payment Requests. The Local Government will prepare payment requests in accordance with the terms of the federal award. 4.3.1. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the Local Government may work directly with FAA to receive the federal funds under the CRRSA Act grant pursuant to any terms and conditions imposed by FAA. 4.4. Federal Funds. Payments under this Agreement will be made from federal funds. The Local Government is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for the Local Government’s failure to comply with federal requirements. The Local Government agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered by this Agreement in the event the federal government does not pay the same. 4.5. Closeout. The Local Government must liquidate all obligations incurred under this Agreement and submit all financial, performance, and other reports as required by the terms of the Federal award. The FAA will determine whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. 5. Conditions of Payment. Local Government’s use of federal funds disbursed under this agreement must be in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Local Government will not receive reimbursement under this Agreement for expenses that are not eligible as described in Section 4.1 above. 6. Authorized Representatives 6.1. MnDOT's Authorized Representative is: Name: Crystal Nickles, or her successor or designee. Title: Grants Specialist Email: [email protected]

2 MnDOT Contract No. 1046840

6.2. The Local Government’s Authorized Representative is: Name: Andrew Wall Title: Airport Director Email: [email protected] If the Local Government’s Authorized Representative changes at any time during this agreement, the Local Government will immediately notify MnDOT. 7. Assignment Amendments, Waiver, and Agreement Complete 7.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 7.2. Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 7.3. Waiver. If MnDOT fails to enforce any provision of this agreement, that failure does not waive the provision or MnDOT’s right to subsequently enforce it. 7.4. Agreement Complete. This agreement contains all negotiations and agreements between MnDOT and the Local Government. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 7.5. Severability. If any provision of this Agreement or the application thereof is found invalid or unenforceable to any extent, the remainder of the Agreement, including all material provisions and the application of such provisions, will not be affected and will be enforceable to the greatest extent permitted by the law. 7.6. Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. 8. Liability and Claims 8.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. Minnesota Statutes Section 466.04 governs Local Government Liability. 8.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government’s agent for acceptance and disbursement of federal funds, and not as a principal or co-principal with respect to this agreement. The Local Government will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any and all lawful claims or costs arising out of or incidental to Local Government’s acts or omissions under this agreement and any ultra vires acts, including reasonable attorney fees incurred by MnDOT. 9. Audits 9.1. Under Minn. Stat. § 16C.05, Subd.5, the Local Government’s books, records, documents, and accounting procedures and practices of the Local Government, or other party relevant to this agreement or transaction, are subject to examination by MnDOT and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. The Local Government will take timely and appropriate action on all deficiencies identified by an audit.

3 MnDOT Contract No. 1046840

9.2. All requests for reimbursement are subject to audit by FAA or MnDOT. 10. Government Data Practices. The Local Government and MnDOT must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by MnDOT under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this agreement. 11. Workers Compensation. The Local Government certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Local Government’s employees and agents will not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way MnDOT’s obligation or responsibility. 12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination for Cause. MnDOT may terminate this agreement if Local Government fails to observe or perform any of the terms, conditions, or covenants required to be observed or performed by it pursuant to this agreement and such failure continues for a period of 30 calendar days after MnDOT has given written notice to Local Government of such default or, in the event that such default shall be incapable of cure with reasonable diligence during said 30 day period, shall have failed to commence to cure said default within 30 days of the date of said notice and to diligently pursue the same to completion. 14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to MnDOT, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 15. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a federal or state contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government’s contract award on this agreement. 16. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions of Minnesota Statutes §181.59, if applicable, which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this

4 MnDOT Contract No. 1046840

Agreement. 17. Limitation. Under this contract, MnDOT is only responsible for disbursing funds. Nothing in this contract will be construed to make MnDOT a principal, co-principal, partner, or joint venturer with respect to this agreement. MnDOT may provide technical advice and assistance as requested by the Local Government, however, the Local Government will remain responsible for all aspects of administering this agreement. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.]

LOCAL GOVERNMENT Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable articles, bylaws, resolutions or ordinances

By:

Title:

Date:

By:

Title:

Date:

STATE ENCUMBRANCE VERIFICATION

The individual certifies funds have been encumbered as required by Minn. Stat. 16A.15 and 16C.05

By:

Date:

SWIFT Contract #

SWIFT Purchase Order #

DEPARTMENT OF TRANSPORTATION

By:

Title:

Date:

COMMISSIONER OF ADMINISTRATION

By:

Date:

City Council Agenda Date: 5/17/2021 8-T Department: Airport Prepared By: Andrew Wall Administrator: JRH

Agenda Item: Approve Land Lease at Fleming Field with ARJ Properties, LLC

Action to be considered:

Adopt Resolution No. 2021-88 Approving Land Lease at Fleming Field with ARJ Properties, LLC for 207 Alpha Lane.

Overview:

The City Council is required to approve land leases at the airport. City staff has prepared a land lease for the Lot 4, Block 8, Outlot C, Airport Rearrangement, also known as 207 Alpha Lane, with ARJ Properties, LLC on the approved lease form.

The lease is a commercial lease that allows an aviation business to operate on the property, and will allow for ARJ Properties, LLC to sublet space to store aircraft if needed. The lease is a 10-year lease with two additional 10-year renewals for a total of 30 years.

Airport staff recommends approval of this lease.

Source of Funds: N/A

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-88

RESOLUTION RELATING TO AIRPORT: APPROVING LAND LEASE AT FLEMING FIELD WITH ARJ PROPERTIES, LLC

WHEREAS, The City Council has reviewed and considered a Lease for Lot 4, Block 8, Outlot C, Airport Rearrangement (the “Lease”).

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 Leases 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 Leases in the name and on behalf of the City in the form hereby approved.

Adopted this 17th day of May 2021.

______City Clerk

AIRPORT LAND LEASE AGREEMENT [GROUND & BUILDING LEASE]

CITY OF SOUTH ST. PAUL [Landlord]

AND

ARJ PROPERTIES, LLC [TENANT]

207 ALPHA LANE

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INDEX TO LEASE AGREEMENT

Section Heading Page

1 Lease 2 Lease Term 3 Lease Renewal 4 Rent 5 Use of Leased Premises 6 Conduct of Operations 7 Tenant’s Commitment to Construction of Building 8 Building Maintenance 9 Insurance 10 Indemnification 11 Payment of Taxes and Other Charges 12 Service and Utilities 13 Tenant’s Financing 14 Right to Remove Building(s) at End of Lease Term 15 Tenant’s Right to Sublease or Assign 16 Quiet Enjoyment 17 Landlord’s Operation of Airport 18 Default by Tenant 19 Waiver 20 Intentionally Omitted 21 Intentionally Omitted 22 Condemnation 23 Destruction of Leased Premises 24 Lease Amendments 25 Binding on Successors 26 Commitments to Federal or State Agencies 27 Aircraft Registration 28 Apron and Taxiway 29 Signs 30 Aviation Fuel 31 Lease Subject to Government Deed Restrictions 32 Hazardous Substances 33 General Provisions 34 Notices 35 Data Practices Act

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36 Entire Agreement 37 Captions; Table of Contents 38 Counterparts 39 Governing Law 40 Conflict of Interest 41 Memorandum of Lease 42 Third Party Beneficiaries 43 Compliance with Laws and Regulations 44 Force Majeure 45 Non-Discrimination 46 Severability

Exhibit A Rent Schedule Exhibit B Leased Premises Exhibit C Airport Contract Requirements

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LEASE AGREEMENT

THIS LEASE AGREEMENT (“Lease”) is made effective as of the 17th day of May, 2021, between the City of South St. Paul, a municipal corporation of the State of Minnesota, (“Landlord”) and ARJ Properties, LLC (“Tenant”), each of the foregoing being sometimes referred to individually as “party” or collectively as “parties.”

IN CONSIDERATION OF the mutual agreements herein expressed and for valuable consideration, the parties agree as follows:

SECTION 1 LEASE

1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the real property situated upon the South St. Paul Municipal Airport (“Airport”), a public Airport owned and operated by Landlord, located in the County of Dakota, State of Minnesota commonly known as 207 Alpha Lane, legally described in attached Exhibit B (the “Leased Premises”). Said Lease Premises has 4,200 total square feet.

1.2 Tenant shall have the privilege of using the public portions of the Airport, such as runways and other public facilities provided by Landlord, upon such terms and subject to the rules, regulations and charges for such use as they now exist or may hereafter be established by Landlord by ordinance, resolution or agreement with Tenant.

1.3 Tenant agrees that Tenant is leasing the Leased Premises on an “as-is,” “where is” and “with all faults” basis, based upon Tenant’s own judgment, and Tenant disclaims any reliance upon any statement or representation whatsoever made by Landlord regarding the Leased Premises or the Airport. Landlord makes no warranty with respect to the Leased Premises, either express or implied. Landlord specifically disclaims any warranty of merchantability or fitness for any particular purpose and liability for any consequential damages arising out of the use or the inability to use the Leased Premises, or any part thereof. SECTION 2 LEASE TERM

The term of this Lease (“Term”) shall be for ten (10) years commencing on March 1, 2021 (“Commencement Date”), unless earlier terminated as provided in this Lease. This Lease shall terminate in the event of the withdrawal or revocation of any permit or approval to operate the Airport granted to Landlord by the agencies or agency having jurisdiction over the Airport, or the revocation of the licenses issued to Landlord for the operation of the Airport with the rents prorated as of such termination.

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SECTION 3 LEASE RENEWAL

3.1 Tenant shall have the option to extend the initial Term of this Lease for an additional two (2) terms of ten (10) years each (“Extended Term”) from and after the expiration of the initial Term of this Lease, by giving written notice of the exercise of this option to Landlord not less than one (1) year prior to the expiration of the initial Term of this Lease. Each option to renew and each extended term is subject to the following terms and conditions:

(i) No default exists in the performance by Tenant of any of the terms of this Lease;

(ii) Each extended term shall be on the terms, covenants and conditions of the then current lease terms for the same type of tenants (noncommercial, commercial with direct access to public road, or commercial without direct access to public road) and at the highest rental rate for the particular type of tenancy;

(iii) With respect to the second Extended Term that the option for the first Extended Term has been exercised; and

(iv) That the Lease Term and any extension term shall not cause the Lease to continue for more than thirty (30) years from the Commencement Date of the Lease.

SECTION 4 RENT

4.1 During each month of this Lease, Tenant shall pay to Landlord on or before the first day of each and every month rent (“Rent”) in the amount provided in Exhibit A, attached hereto and incorporated herein by reference. In the event of any fractional month occurring during the Term of this Lease, Tenant shall pay rent on a pro rata basis calculated on the ratio of the actual number of days of possession by Tenant to the total number of days in the month in question.

4.2 Should Tenant default under this Lease as provided in Section 18 hereof and/or should this lease terminate pursuant to its terms, any improvements made to the Leased Premises or fixtures installed upon the Leased Premises by the Tenant shall become the property of the Landlord and shall remain at the property after the expiration or earlier termination of this Lease.

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SECTION 5 USE OF LEASED PREMISES

5.1 The Leased Premises and the building(s) presently thereon shall be used solely for the following purposes and for no other purpose by Tenant or by other parties to whom Tenant may assign this Lease: [check use(s)]

__X__ Aeronautical purposes and incidental uses, including the commercial repair of aircraft, outfitting of aircraft, and maintenance and storage of aircraft.

5.2 Use of the Leased Premises for any purpose not expressly provided for in this Section shall constitute a default under this Lease unless Landlord provides written approval for such use prior to commencement of the use.

SECTION 6 CONDUCT OF OPERATIONS

6.1 In the conduct of their authorized activities on the Leased Premises and in the Airport, Tenant and any person or entity operating under any agreement with Tenant, shall furnish services on a fair, equal and non-discriminatory basis to all users thereof, and shall charge fair, reasonable and non-discriminatory prices for each unit of sale or service; provided, however, that Tenant and those operating under agreement with Tenant shall be allowed to make reasonable and non-discriminatory discounts, rebates or other similar types of price reductions to volume purchasers.

6.2 Tenant shall have the nonexclusive privilege to use the public portions of the Airport, including, without limitation, parking areas, taxiways and roads, subject to the rules and regulations which now exist or are hereafter enacted by Landlord regarding such use and subject to such usage charges as may be established by Landlord.

6.3 This Lease shall not be construed in any manner to grant Tenant, or those claiming under Tenant, the exclusive right to use any part of the Airport, except the Leased Premises.

SECTION 7 TENANT’S IMPROVEMENT OF THE LEASED PREMISES

7.1 Tenant agrees that any improvements constructed by Tenant upon the Leased Premises shall be constructed at no cost to Landlord.

7.2 The construction of all improvements on the Leased Premises and the improvements themselves must be built pursuant to any laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities.

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7.3 Before commencing any erection, rebuilding, enlargement, extension or any other improvement of a building, and before commencing any repair or alteration costing in excess of One Thousand Dollars ($1,000), Tenant shall furnish to Landlord for Landlord’s approval:

(i) The plans for such work;

(ii) The estimated cost of completing the work;

(iii) Provide the Landlord with an irrevocable letter of credit, cash deposit or other security acceptable to the Landlord to complete the Public Improvements, if any, contemplated by the improvement; and

(iv) An insurance policy issued by an insurance company approved by Landlord and in an amount satisfactory to Landlord naming Landlord as an additional insured and protecting Landlord from all liability to persons or property for damages arising out of the contemplated work.

7.4 Tenant shall only proceed with the construction of an improvement to a building upon the Leased Premises after receipt of written approval from Landlord for the plans for the building. Any construction, repair, replacement, rebuilding, enlargement, extension or any other improvement on the Leased Premises must comply with any laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities.

7.5 Regardless of whether or not the foregoing bonds, security and insurance are waived by Landlord, Tenant shall:

(i) Prior to the commencement of any construction, repair or alteration, procure from the necessary authorities any building or other permits that may be required;

(ii) Do or cause the work to be done in a good and workmanlike manner and to be completed within the required time and in conformity with such building codes, zoning ordinances and regulations and orders of any lawful authority applicable to the Airport;

(iii) Keep the Leased Premises and every building, structure and improvement on the Leased Premises free and clear from all liens for labor performed and materials furnished therefore;

(iv) Defend, at Tenant’s own cost and expense, each and every lien asserted or filed against any portion of the Leased Premises, or against the building, structure or

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improvement thereon and pay each and every judgment made or given against any portion of the Leased Premises, or against the building, structure or improvement thereon; and

(v) Indemnify and hold Landlord harmless from each and every claim, demand, action and cause of action arising out of or in connection with any act or omission of Tenant, or of any agent, employee or contractor of Tenant, with respect to the removal, erection, alteration, enlargement or extension of any building, structure or improvement on the Leased Premises, or arising out of or in connection with the assertion or filing of any lien on said land or against any building, structure or improvement thereon.

SECTION 8 BUILDING MAINTENANCE

8.1 OBLIGATIONS OF TENANT. Tenant shall: (a) be solely responsible for the heating, ventilation and air conditioning (HVAC) and the maintenance and repair of all equipment associated therewith and Landlord reserves the right to require Tenant to maintain a maintenance contract with a company acceptable to Landlord for the maintenance and repair of the HVAC equipment, if any, on the Leased Premises; (b) be solely responsible for any fire sprinkler system and the maintenance and repair of all equipment associated therewith and Landlord reserves the right to require Tenant to maintain a maintenance contract with a certified company acceptable to Landlord for the maintenance and repair of any fire sprinkler system equipment, if any, on the Leased Premises; (c) keep the inside and outside of all glass in the doors and windows of the Leased Premises clean; (d) keep all exterior building surfaces of the Leased Premises clean; (e) maintain the Leased Premises at its expense in a clean, orderly and sanitary condition; (f) remove trash at its expense on a regular basis and any trash temporarily stored in the Leased Premises shall be stored in accordance with local codes and at locations specified by Landlord; (g) keep all mechanical apparatus properly functioning and free of vibration and noise which may be transmitted beyond the Leased Premises; (h) comply with all laws, ordinances, rules and regulations of governmental authorities and all recommendations of the Fire Underwriters Rating Bureau now or hereafter in effect; (i) light the Leased Premises and replace promptly all light bulbs when burned out; (j) conduct its tenancy in all respects in a dignified manner and create no nuisances on the Leased Premises; (l) at its expense, operate, maintain, repair, light, clean, and paint the Leased Premises; (m) at its expense, remove litter, snow, ice, debris, and surface water; (n) at its expense, provide for the payment of utilities; and (o) at its expense, incur all costs for permit fees and licenses, and reasonable fees for attorneys, accountants, and other professionals, as well as all costs and expenses for repair of the Leased Premises. Tenant will not, without the written consent of Landlord: place or maintain any merchandise or other articles or objects outside the perimeter of the Leased Premises; use or permit the use of any loud speakers, phonographs, public address systems, flashing, moving and/or rotating lights, sound amplifiers, musical instruments, or television or radio broadcasts which are in any manner audible or visible outside the Leased Premises; permit undue

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accumulations of garbage, trash, rubbish or other refuse within the Leased Premises; cause or permit odors to emanate or be dispelled from the Leased Premises; permit the parking of delivery vehicles so as to interfere with the use of any driveway, walk, parking area or other airport facilities. Tenant will not overload the electrical wiring serving the Leased Premises or within the Leased Premises, and will install at its expense, but only after obtaining Landlord's written approval, any additional electrical wiring which may be required in connection with Tenant's apparatus.

Except as otherwise provided in this Article, Tenant shall at all times keep the Leased Premises (including but not limited to the plumbing, electrical and other mechanical equipment) in good order, condition and repair, at Tenant's own cost and expense and in accordance with all laws, directions, rules and regulations of regulatory bodies or officials having jurisdiction in that regard. If Tenant refuses or neglects to commence repairs within ten (10) days after written demand, or adequately to complete such repairs within a reasonable time thereafter, Landlord may make the repairs without liability to Tenant for any loss or damage that may accrue to Tenant's tenancy by reason thereof; and if Landlord makes such repair, within ten (10) days of the delivery of a statement therefore, Tenant shall pay to Landlord the reasonable costs thereof on demand.

Tenant will not in any way alter the exterior of the building (with the exception of signs, lettering, and advertising matter) and will not make any structural alterations to the interior of the building or any part thereof, without Landlord's written consent.

8.2 OBLIGATIONS OF LANDLORD. If necessary, Landlord shall repair and/or replace the structural elements of the buildings, including but not limited to the foundations, the four outer walls, the roof, downspouts and gutters of the building, any broken doors, including but not limited to any hangar doors, door closers and any cracked or broken glass of the Leased Premises with replacements of like kind an quality, provided Landlord shall not be liable to Tenant for any damage caused by the same being or becoming replaced. Landlord shall not be required to replace any other items or make any other repairs.

SECTION 9 INSURANCE

9.1 At all times during the Term of this Lease, Tenant shall keep all personal property of Tenant located on the Leased Premises insured against fire, vandalism, malicious mischief, and windstorm loss or damage for an aggregate amount equal to one hundred percent (100%) of the fair market value of the personal property or the insurable value, whichever is greater, and any money received from said insurance as a result of any loss or damage to the personal property shall be paid to Tenant (for personal property only) and paid to Landlord for all else, including, but not limited to, the buildings and improvements on the Leased Premises. The policies shall be in a form satisfactory to Landlord, and copies of the insurance policies or certificates thereof evidencing such

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coverage and that such insurance is payable to Tenant. Upon the occurrence of loss of or damage to the building on the Leased Premises, Landlord shall within reasonable diligence repair, rebuild, replace or remove the buildings.

9.2 Tenant shall, at Tenant’s sole cost and expense, maintain in effect at all times during the Term of this Lease a “Commercial General Liability Insurance” policy on an “occurrence” rather than on a “claims made” basis, with a total combined policy limit of not less than the limitation of liability of Landlord under Minnesota Statutes Chapter 466, or any successor statute, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury and Contractual Liability (applying to this Lease), or an equivalent form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad as the above. Such policy shall name Landlord as an additional insured. Policies for such liability coverage shall be in a form and issued by an insurer reasonably acceptable to Landlord and shall require at least thirty (30) days prior written notice to Landlord of termination or material alteration. Tenant’s liability insurance shall be primary with respect to Landlord and its agents and not participating with any other available insurance. Tenant shall deliver to Landlord on the Commencement Date of this Lease and on each Anniversary Date thereafter insurer- certified copies of such policies, certificates or other evidence reasonably satisfactory to Landlord confirming the terms of such insurance, confirming that premiums thereon have been paid at least one (1) year in advance and confirming that the policies are in full force and effect.

9.3 Tenant shall carry owners-tenants combined single limit coverage for bodily injury, property damage and all damages for any one incident of at least One Million Dollars ($1,000,000.00).

9.4 Each party hereto waives all claims for recovery from the other party for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance, subject to the limitation that this waiver shall apply only when permitted by the applicable policy of insurance. The parties agree to use good faith efforts to have any and all fire, extended coverage or any and all material damage insurance which may be carried endorsed with the following subrogation clause: “This insurance shall not be invalidated should the insured waive any writing prior to a loss, any or all right of recovery against any party for loss occurring to the property described therein.”

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SECTION 10 INDEMNIFICATION

10.1 Tenant agrees to indemnify and hold Landlord harmless from any and all loss, damage, claims, judgments, litigation expenses and costs for any injury to persons or damage to property from any act or omission of Tenant, its employees, agents, subsidiaries, licensees and sub-lessees while on or about the Airport or the Leased Premises, and Landlord shall not be liable to any extent for, nor will Tenant make any claim against Landlord for or on account of any injury, loss or damage to the Leased Premises, the buildings or structures thereon, the personal property and facilities located therein, or to any person or property at any time on the Leased Premises whether occasioned by fire, water, smoke, steam, gas, electricity or other agency or instrumentality which may come or be on the Leased Premises or occasioned by any other cause. The Tenant’s indemnity obligation is not limited by the insurance required in Sections 9.1 and 9.2.

10.2 Nothing in this Lease shall cause Landlord in any way to be construed as partner, joint venturer or associated in any way with Tenant in the operation of the Leased Premises, or subject Landlord to any obligation, loss, charge or expense connected with or arising from the operation or use of the Leased Premises or any part thereof.

SECTION 11 PAYMENT OF TAXES AND OTHER CHARGES

11.1 Tenant shall pay all personal property taxes, assessments, license fees or other charges that may be levied or assessed during the Term of this Lease upon or against the Leased Premises, any improvements, equipment or personal property on the Leased Premises, or on account of the transacting of business thereon by Tenant.

11.2 Provided the Leased Premises remain classified as tax-exempt, Tenant shall pay to Landlord the equivalent of such real estate taxes and/or special assessments as if the Leased Premises were not tax-exempt (i.e. the “payment in lieu of taxes”, in the amount provided in Exhibit A, attached hereto and incorporated herein by reference). In no case shall Tenant be required to pay the payment in lieu of taxes in addition to the actual payment of real estate taxes or special assessments, if the Leased Property becomes classified as not tax-exempt.

11.3 If Tenant shall fail to pay the payment in lieu of taxes, or any of the personal property taxes, assessments (special or otherwise), license fees or other charges when the same become due, Landlord may pay the same, together with any cost or penalty which may accrue thereon, and collect the entire amount so paid from Tenant and Tenant agrees to pay the entire amount to Landlord upon demand.

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11.4 Tenant recognizes and agrees that the word “taxes” as used in this Section includes any tax which may be imposed and required to be collected pursuant to Minnesota Statutes Section 272.01, subd. 2, or similar successor statute, for the privilege of using and possessing the Leased Premises, which are tax exempt, in the same amount and to the same extent as though Tenant were the owner of the Leased Premises.

11.5 In the event of any fractional year occurring during the Term of this Lease, Tenant shall pay amounts due pursuant to this Section 11 on a pro rata basis calculated on the ratio of the actual number of days of possession by Tenant to the total number of days in the year in question.

SECTION 12 SERVICES AND UTILITIES

12.1 All utilities for the Leased Premises shall be separately metered. Tenant shall be responsible for any repairs to utilities or utility connections on the Leased Premises. If Tenant fails to make required repairs to any utilities or utility connections within ten (10) days after Landlord has sent written notice to Tenant that the repairs need to be made, Landlord may make such required repairs and Tenant shall pay to Landlord the actual cost of performing such repair within five (5) days after receipt of a bill for the repair charges.

12.2 Tenant agrees to promptly pay all claims, in addition to Rent, for all utilities or other services supplied to or consumed by Tenant on the Leased Premises, including, without limitation, gas, electricity, water, telephone, trash collection, storm water utility and all similar services provided by Landlord.

12.3 Tenant shall provide, at Tenant’s expense, security lighting and proper electrical service to the Leased Premises. All utility connections, electrical or otherwise, shall be underground.

SECTION 13 TENANT’S FINANCING

13.1 Tenant shall have the right to subject the leasehold estate and any and all improvements to one or more mortgages as security for a loan or loans or other obligation of Tenant, provided that:

(i) The mortgage and all rights acquired under it shall be subject and subordinate to all of the terms, covenants conditions and restrictions contained in this Lease and to all rights and interests of Landlord, except as otherwise provided in this Lease; and

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(ii) Tenant shall give Landlord prior notice of any mortgage, together with a copy of it.

13.2 If Tenant defaults under the terms of any permitted leasehold mortgage, and the mortgagee acquires Tenant’s leasehold estate, whether by exercising its power of sale by judicial foreclosure, or by an assignment in lieu of foreclosure, or of exercise of power of sale, Landlord agrees to postpone the obligation to pay Rent during the sixty (60) days following the mortgagee’s acquisition, conditioned upon the following:

(i) Payments of all taxes, assessment, and insurance premiums required by this Lease to be paid by Tenant are current, or are brought current by mortgagee, and are kept current;

(ii) Payments of all utility charges are current or are brought current by mortgagee, and are kept current;

(iii) The mortgagee performs all Tenant’s obligations with respect to the Leased Premises and keeps any improvements in good order and repair; and

(iv) Within seventy five (75) days following mortgagee’s acquisition, mortgagee cures any Rent default of Tenant out of income and rent remaining after paying items (ii) through (iii) above and after mortgagee’s reasonable expenses incurred in operating the Leased Premises and improvements.

SECTION 14 RIGHT TO REMOVE TRADE FIXTURES AT END OF LEASE TERM

14.1 All trade fixtures, merchandise, supplies and movable apparatus owned by Tenant and installed in the Leased Premises shall remain the property of Tenant and shall be removable from time to time and also at the expiration of the Term, provided that Tenant shall repair any damage to the Leased Premises caused by the removal of said trade fixtures. Any improvements made to the Leased Premises or fixtures installed upon the Leased Premises shall become the property of the Landlord at the expiration or earlier termination of this lease and shall remain at the property at the expiration or earlier termination of this Lease.

SECTION 15 TENANT’S RIGHT TO SUBLEASE OR ASSIGN

15.1 Sublease. Tenant may not sublease more than twenty five (25%) percent of the Leased Premises without the prior written approval of Landlord.

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15.2 Assignment. Tenant may not, voluntarily or by operation of law, assign, mortgage, pledge or otherwise transfer this Lease, without the prior written consent of Landlord. If Tenant is a corporation, then any transfer of this Lease by merger, consolidation or liquidation, or any change in ownership of the shares of voting stock so as to result in a change of the present effective voting control of Tenant shall constitute an assignment of this Lease, and as such, shall require the prior written consent of Landlord.

15.3 Landlord’s written consent to any proposed assignment or transfer shall not be withheld or delayed if, in the sole discretion of the Landlord, all of the following conditions are satisfied:

(i) The proposed assignee or sub-lessee has a net worth at least equal to Tenant’s net worth as of the date of the signing of this Lease, or the date of the proposed assignment, whichever is greater;

(ii) The proposed assignee or sub-lessee is creditworthy considering the obligations to be assumed under the Lease;

(iii) The proposed assignee or sub-lessee has experience in operations similar to that being conducted on the Leased Premises;

(iv) The use of the Leased Premises will comply with all the requirements of this Lease;

(v) Tenant and the proposed assignee or sub-lessee agree to a written amendment to the Lease, in form and substance acceptable to Landlord, that the Rent as of the effective date of such assignment shall be as reflected in Exhibit A; and

(vi) The proposed assignee or sub-lessee will continue to use the Leased Premises for the same purpose as the Tenant or for a similar purpose as determined and approved by Landlord at Landlord’s sole discretion;

(vii) Tenant pays a lease transfer fee to the Landlord in the amount of $1,000.

15.4 Intentionally Omitted.

15.5 If Tenant desires to assign the Lease, it shall so notify Landlord in writing at least thirty (30) days prior to the proposed effective date of the assignment. Tenant shall provide Landlord with a copy of the proposed assignment and any other relevant information requested by Landlord.

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SECTION 16 QUIET ENJOYMENT

16.1 Landlord covenants and agrees with Tenant that upon Tenant’s paying said Rent and keeping, paying and performing all the terms, covenants and conditions of this Lease on Tenant’s part to be kept, paid and performed, Tenant may, except for reasons beyond the control of Landlord, peaceably and quietly have and hold the Leased Premises for the Term of this Lease.

16.2 Notwithstanding the above, Landlord and its agents or representatives shall have the right to enter the Leased Premises and buildings thereon, to inspect the same for operations conducted from and on the Leased Premises and for the purpose of making repairs or improvements to any adjoining premises or to the Airport and to install through or upon the Leased Premises such pipes, wires and appurtenances as it may deem necessary or useful to the operation of the Airport, but the making of such repairs, improvements, or installations shall be done in such manner as will not interfere materially with the use and enjoyment of the Leased Premises by Tenant, except in cases of emergency.

SECTION 17 LANDLORD’S OPERATION OF AIRPORT

Landlord shall properly maintain, operate and manage the Airport at all times in a safe manner consistent with generally accepted good practice in the State of Minnesota for airports of similar size and character. If, for any reason beyond the control of Landlord (including without limitation, war, strikes, riots or acts of God) Landlord shall fail to properly maintain, operate and manage the Airport, such failure shall not operate as a breach of this Lease or render Landlord liable for damages. This section shall not be construed to bind Landlord to operate a traffic control tower at the Airport, nor be construed to bind Landlord to maintain the Leased Premises.

SECTION 18 DEFAULT BY TENANT

18.1 The following shall constitute a default by Tenant:

(i) Tenant fails to pay the Total Monthly Rent and such failure to pay shall is not cured within five (5) days after notice of such failure from Landlord;

(ii) Tenant fails to observe or perform any of the non-monetary terms, covenants or conditions of this Lease, and such default shall continue for thirty (30) days after notice of default is given by the Landlord or Tenant shall have failed to commence the cure of such default within thirty (30) days after such notice (or such longer period as is required to cure, so long as Tenant is current on its Rental

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obligation and Tenant commences to cure within thirty (30) days and diligently pursues such cure to completion);

(iii) Notwithstanding the requirement contained in Section 18.1(ii) hereof relating to giving the Tenant a thirty (30) day period to cure a non-monetary default, in the event of an emergency as determined by the Landlord, the Landlord may perform the work or improvement to be performed by the Tenant without giving any notice to the Tenant and without giving the Tenant the thirty (30) day period to cure the default. In such case, the Tenant shall within thirty (30) days after written billing by the Landlord reimburse the Landlord for any and all costs incurred by the Landlord.

(iv) A petition to reorganize Tenant or for an arrangement of its unsecured debts is filed;

(v) Tenant is adjudicated bankrupt;

(vi) A receiver or trustee of Tenant’s property is appointed by any Court;

(vii) Tenant makes a general assignment for the benefit of creditors; or

(viii) The entirety of Tenant’s interest in Tenant’s property shall be taken by garnishment, attachment, execution or other process of law; or

(ix) The Leased Premises is abandoned for a period of thirty (30) days.

18.2 In the event of any default, in addition to any other remedies available to Landlord at law or equity, Landlord shall have the following rights:

(i) Immediately, or at any time thereafter, without further notice to Tenant, to re- enter into or upon the Leased Premises, or any part thereof, and take possession of the same fully and absolutely without such re-entry working a forfeiture of the Rents or other charges to be paid and of the covenants, terms and conditions to be performed by Tenant for the full Term of this Lease, and in the event of such re- entry Landlord may seek the collection of the Rents or other charges to be paid under this Lease or for the properly measured damages and for the collection of its reasonable attorneys fees; and

(ii) Landlord shall further have all other rights and remedies including injunctive relief, ejectment or summary proceedings in unlawful detainer, and any or all legal remedies, actions and proceedings, and all such shall be cumulative Landlord shall be entitled to its reasonable attorneys fees arising from or attributable to any such breach.

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18.3 In the event of any default, in addition to any other remedies available to Landlord at law or in equity, including those set forth in Paragraph 18.2, Landlord shall have the immediate right and option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so terminate this Lease as a result of Tenant’s default, Landlord may:

(i) Retain any payment(s) made by Tenant as provided in Section 4 [for Rent] prior to the termination of this Lease and recover from Tenant the amount of any unpaid Rent which had been earned at the time of such termination;

(i) Recover from Tenant all expenses incurred by Landlord in terminating, repossessing and reletting the Leased Premises including but not limited to costs of repairs, brokerage and legal fees, and the collection of Rent;

(iii) Recover from Tenant any deficiency between the Rent for the remainder of the Term and the payments, if any, received by Landlord from any reletting of the Leased Premises, or, if elected by Landlord as liquidated and final damages for lost Rent, in addition to the monthly deficiencies accruing through the date of such election, a lump sum equal to the present value (calculated by discounting at the stated rate of interest payable under any first mortgage or deed of trust on the Property or one (1) percent per annum over the discount rate of the Federal Reserve Bank of Minneapolis, whichever is less) as of the date of such election of the amount by which Rent for the remainder of the Term exceeds the then reasonable rental value of the Leased Premises over the remainder of the Term; and

(iv) Recover from Tenant any reasonable attorneys’ fees incurred by Landlord in enforcing its rights hereunder.

SECTION 19 WAIVER

Landlord’s waiver of any of the rights remedies, terms or conditions of this Lease on any occasion shall not constitute a waiver of any rights, remedies, terms or conditions with respect to any subsequent breach or default under the terms of this Lease.

SECTION 20 LEGAL COSTS

If Landlord incurs any costs to collect or recover any amount due or to become due under this Lease or to recover possession of the Leased Premises or files suit upon Tenant for the collection of any amount due or to become due or the recovery of possession of the Leased Premises or the enforcement of any of Tenant’s covenants hereunder, Landlord will be entitled to reimbursement of its reasonable attorneys’ fees and costs where Landlord is successful in its efforts

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for the collection of any amounts due or the recovery of possession of the Leased Premises.

SECTION 21 INTENTIONALLY OMITTED

SECTION 22 CONDEMNATION

If it shall be in the public interest, Landlord shall have the power to condemn any part or the entirety of the Leased Premises even though it is a party to the Lease. In the event Landlord receives notification of any condemnation proceedings affecting the Leased Premises, Landlord will provide notice of the proceeding to Tenant within fifteen (15) days. If a condemning authority takes all or any part of the Leased Premises as part of a taking or condemnation action, this Lease will automatically terminate as of the day of the taking or condemnation. Tenant waives any and all claim to any portion of any condemnation award awarded to Landlord, including but not limited to any claim for damages for loss of its leasehold estate and any relocation costs.

SECTION 23 DESTRUCTION OF LEASED PREMISES

If the buildings on the Leased Premises are partially or completely destroyed, either Landlord or Tenant shall have the right to terminate this Lease upon thirty (30) days written notice to the other party.

SECTION 24 LEASE AMENDMENTS

24.1 Any of the terms of this Lease may be amended upon the mutual agreement, in writing, of Landlord and Tenant, which must be executed with the same formalities as this instrument.

24.2 This Lease is subject to the approval of federal and state agencies. The parties agree to modify this Lease as may be necessary to obtain approval by any federal or state agencies, provided, however, that such modification does not substantially change the Term, Rent or area leased. If the modification would substantially change the Term, Rent or area leased, either party may terminate this Lease by written notice to the other party.

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SECTION 25 BINDING ON SUCCESSORS

Except as herein otherwise provided, all the terms, covenants and conditions of this Lease shall be binding upon and inure to the benefit of the legal representatives, successors, assigns and subsidiaries of both Landlord and Tenant.

SECTION 26 COMMITMENTS TO FEDERAL OR STATE AGENCIES

Nothing herein shall be construed to prevent Landlord from making such commitments as it desires to the Federal Government or to the State of Minnesota in order to qualify for the expenditure of federal or state funds on the Airport.

SECTION 27 AIRCRAFT REGISTRATION

Tenant agrees that any aircraft that is based at, stored at or utilizes the Airport under this Lease shall be currently in compliance with the aircraft registration requirements set forth in Minnesota Statutes Chapter 360.

SECTION 28 APRON AND TAXIWAY

28.1 Apron. At Tenant’s own expense, Tenant shall construct, maintain, repair and replace an apron to serve the Leased Premises.

28.2 Taxiway. If Landlord constructs a taxiway to serve the Leased Premises as well as other areas, Landlord may require Tenant to pay the amount resulting from the following formula:

(i) First, Landlord shall calculate the total cost of construction of the taxiway, including all engineering, legal and administrative costs associated therewith;

(ii) Second, the amounts that Landlord actually receives from federal and state grants for the taxiway, if any, shall be subtracted from the total cost;

(iii) Third, the resulting figure from steps (i) and (ii) above shall be multiplied by a factor where the denominator is the total amount of leased or to be leased frontage that abuts taxiway or apron (including the frontage leased to Tenant as well as others) and the numerator is the frontage of the Leased Premises abutting the taxiway;

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The figure resulting from step (iii) above shall be paid by Tenant.

SECTION 29 SIGNS

Tenant may erect suitable advertising signs on the Leased Premises to advertise Tenant’s business, provided that the form, type, size and method of installation shall first be approved by Landlord.

SECTION 30 AVIATION FUEL

Tenant shall not have the right to sell, dispense, give or transfer aviation fuel, except to fuel aircraft owned by or exclusively leased to Tenant. Any storage of flammable materials, liquids or fuels in open containers in or upon the Leased Premises shall be in compliance with applicable laws.

SECTION 31 LEASE SUBJECT TO GOVERNMENT DEED RESTRICTIONS

31.1 Tenant understands and agrees that all terms and conditions of the deed between Landlord and the Navy Department, which deed is known as the Surplus Property Deed, which consists of a Quit Claim Deed dated December 22, 1950, and a corrected deed October 4, 1951, are herewith incorporated by reference into the terms of this Lease. In the event of any conflict between this Lease and that deed and all conditions imposed by the deed or other governmental grants, reservations, statutes or regulations, this Lease shall stand amended to conform thereto. In the event such reformation substantially impairs the rights and obligations of this Lease, the Lease shall stand terminated by written notice from Landlord to Tenant, such notice to include the basis for the termination and Rents to be prorated as of that date. Specifically, but not in limitation hereof, it is understood and agreed that this Lease is also subject to the so-called “Sponsor’s Assurances” made by Landlord to the State and/or Federal Governments in connection with improvement grants, parts of which are as follows:

“The Sponsor agrees that it will operate the Airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect), the Sponsor specifically covenants and agrees:

(a) That in any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person, firm or corporation to render any service or furnish any parts, materials or supplies (including the sale thereof) essential to the

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operation of aircraft at the Airport, the Sponsor will insert and enforce provisions requiring the contractor:

(1) to furnish good, prompt and efficient service adequate to meet all the demands for its service at the Airport;

(2) to furnish said service on a fair, equal and nondiscriminatory basis to all users thereof, and

(3) to charge fair, reasonable and nondiscriminatory prices for each unit of sale or service: Provided, however, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates or similar types of price reductions to volume purchasers.

(b) That it will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft at the Airport from performing any services on its own aircraft with its own employees (including but not limited to, maintenance and repair) that it may choose to perform;

(c) That is the Sponsor exercises any of the rights or privileges set forth in subsection (a) of this paragraph, it will be bound by and adhere to the condition specified for contractors set forth in said subsection (a).”

SECTION 32 HAZARDOUS SUBSTANCES

32.1 Tenant shall take no act or allow any act to be taken that will subject the Leased Premises to “superfund” type liens or claims by regulatory agencies or other entities arising from the actual or threatened release, deposit or existence of hazardous substances (defined below) in, on or about the Leased Premises. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, penalties, forfeitures, suits or liabilities of any type or nature (including cost of defense, settlement and reasonable attorneys’ fees) incurred by Landlord hereafter or for which Landlord shall become responsible for or pay as a result of any or all of the following:

(i) Death or bodily injury to any person;

(ii) Structural damage to any property;

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(iii) Contamination of or detrimental effect upon the environment; or

(iv) Violation of governmental laws, orders or regulations

as a result of or due to the actual or threatened release of hazardous substances claimed or alleged to have been deposited, stored, disposed of, placed or otherwise located in, on or about the Leased Premises.

32.2 Tenant shall not store or possess any hazardous substances on the Leased Premises unless the same are stored or possessed in a manner that complies with all applicable laws, and in no event shall Tenant dispose of any hazardous substances on the Leased Premises without the express prior written consent of Landlord, which consent may be withheld at Landlord’s sole discretion.

32.3 As used in this Lease, the term “hazardous substances” is defined to include any substances, wastes, contaminants or pollutants that are now or hereafter shall be included within the definition of such term or similar replacement term, under any federal, state or local statute, ordinance, code or regulation now existing or hereafter enacted or amended, including but not limited to the Minnesota Environmental Response and Liability Act, Minnesota Statutes Chapter 115B; Minnesota Petroleum Tank Release Clean-Up Act, Minnesota Statutes Chapter 115C as amended by Superfund Amendments and Reauthorization Act of 1986; the Asbestos Abatement Act, Minnesota Statutes Sections 326.70 through 326.81; and the State Environmental Lien Statute, Minn. Stat. §514.672, et. Seq.

32.4 Tenant shall promptly provide Landlord with copies of all notices or reports received or submitted by it to or from any governmental agency or other third party with respect to the storage, processing, disposal, release or threatened release of hazardous substances into or onto the Leased Premises or any adjacent property.

SECTION 33 GENERAL PROVISIONS

33.1 The Leased Premises are to be used primarily for the storage of aircraft. Any non- aviation vehicles may not exceed forty-eight (48) inches in height as measured from the floor to the highest point of the vehicle. No vehicle may be stacked or placed on top of another vehicle or any object in such a manner that the total height of the combination of the vehicle(s) exceeds forty-eight (48) inches in height.

33.2 Tenant shall comply with all terms and conditions set forth in the most recently adopted South St. Paul Airport Operations Manual and any amendments or revisions to the Manual.

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33.3 Tenant shall comply with the all terms and conditions set forth in the Airport Contract Requirements attached as Exhibit C and incorporated herein by reference, and any amendments or revisions to the same.

33.4 Tenant and Tenant’s employees, agents, contractors and invitees shall, at all times while on or about any part of the Airport, obey all Airport traffic rules and regulations.

33.5 Tenant agrees that the Leased Premises are subject to all easements and encumbrances of record. Tenant shall not interfere with said easements.

33.6 Tenant agrees that the Leased Premises are subject to the right of Landlord to locate, construct, maintain, reconstruct and repair an Airport beacon and wiring relating thereto on the Leased Premises; Landlord shall also have a right of access to the Leased Premises for the purpose of locating, construction, maintaining, reconstructing and repairing the Airport beacon and wiring.

SECTION 34 NOTICES

34.1 All notices or communications required or permitted by this Lease must be written and may be given personally or sent by certified United States mail, postage prepaid, or overnight courier at the following addresses:

If to Landlord: Terminal Building 1725 Henry Avenue South St. Paul, MN 55075 Attn: Airport Manager

If to Tenant: ARJ Properties, LLC 3492 Westridge Dr Shakopee, MN 55379

34.2 Either party may change their address by providing written notice of the party’s new address to the other party.

SECTION 35 DATA PRACTICES ACT

Information supplied by Tenant to Landlord is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (the “Act”). Such information shall become public

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unless it falls into one of the exceptions of the Act. Tenant shall notify Landlord in writing of any data Tenant believes is classified as non-public.

SECTION 36 ENTIRE AGREEMENT

This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on its own examination of this Lease, the counsel of its own advisors and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Leased Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention or claim that might have been based on such reading, inspection or advice.

SECTION 37 CAPTIONS; TABLE OF CONTENTS

The table of contents and the captions of the various sections of this Lease are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content, or intent of this Lease or of any part or parts of this Lease.

SECTION 38 COUNTERPARTS

This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.

SECTION 39 GOVERNING LAW

This Lease shall be governed, construed and enforced in accordance with the laws of the State of Minnesota.

SECTION 40 CONFLICT OF INTEREST

Tenant represents and warrants that no official, officer, or employee of Landlord has or will have any interest, direct or indirect, in this Lease or the transactions contemplated by it.

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SECTION 41 MEMORANDUM OF LEASE

If either party requests the other party to do so, the parties shall execute a memorandum of lease in recordable form acceptable to both parties. The memorandum of lease may be recorded by either party at its expense in the appropriate land records office.

SECTION 42 THIRD PARTY BENEFICIARIES

Neither this Lease nor any provision of it shall create any right in favor of or impose any obligation upon any person or entity other than the parties to this Lease and their respective successors and permitted assigns.

SECTION 43 COMPLIANCE WITH LAWS AND REGULATIONS

Tenant shall comply with all laws of the United States the State of Minnesota and with all ordinances, rules, regulations and orders of any of the foregoing, and of any department thereof. Tenant shall comply with all ordinances, rules and regulations of Landlord relating to the Leased Premises and with respect to control of ground and air traffic, aircraft operations and the general use of the Airport.

SECTION 44 FORCE MAJEURE

The time within which any of the parties hereto shall be required to perform any act or acts under this Lease, except for payment of monies, shall be extended to the extent that the performance of such act or acts shall be delayed by acts of God, fire, windstorm, flood, explosion, collapse of structures, riot, war, labor and/or legal disputes, delays or restrictions by government bodies, inability to obtain or use necessary materials, or any cause beyond the reasonable control of such party (any such delay being called “unavoidable delay” in this Lease), provided however, that the party entitled to such extension hereunder shall give prompt notice to the other party of the occurrence causing such delay.

SECTION 45 NON-DISCRIMINATION

Tenant, Tenant’s successors in interest and permitted assigns, as a part of the consideration hereof, do covenant and agree to the following as covenants running with the land:

(i) That no person shall be excluded from participation in, denied the benefits of or be otherwise subjected to discrimination in the use of the facilities on the Leased

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Premises on the grounds of race, sex, color, creed or national origin;

(ii) That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination on the grounds of race, sex, color, creed or national origin; and

(iii) That Tenant shall use the Leased Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federal-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and said Regulations as may be amended. In the event of a breach of any of the above nondiscrimination covenants, Landlord shall have the right to terminate this Lease and to re-enter and repossess the Leased Premises, and hold the same as if said Lease had never been made or issued.

SECTION 46 SEVERABILITY

If any provision of this Lease or the application thereof to either party or any circumstance is unenforceable to any extent, the remainder of this Lease and the application of such provision to the other party or circumstances will not be affected thereby and will be enforceable to the greatest extent permitted by law.

The remainder of this page is intentionally blank.

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IN WITNESS WHEREOF, the parties have executed this Lease, or caused it to be executed by their or its duly authorized representative(s), as of the day and year first above written.

LANDLORD: TENANT: CITY OF SOUTH ST. PAUL ARJ PROPERTIES LLC.

By: ______By:______Name: James P. Francis Name: Randy Schoephoerster ______Title: Mayor Title: ______

Attest:

By: ______Name: Christy M. Wilcox Title: City Clerk

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STATE OF MINNESOTA ) ) ss. Landlord Acknowledgment COUNTY OF DAKOTA )

The foregoing instrument was acknowledged before me this ___ day of ______, 2021, by James P. Francis and Christy Wilcox, the Mayor and the City Clerk of the City of South St. Paul, a Minnesota municipal corporation, on behalf of the corporation.

______Notary Public

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STATE OF MINNESOTA ) ) ss. Tenant Acknowledgment COUNTY OF DAKOTA ) [Company]

The foregoing instrument was acknowledged before me this ____ day of ______, 2021, by ______the ______of ARJ Properties, LLC., a Minnesota limited liability company, on behalf of the company.

______Notary Public

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EXHIBIT A

RENT SCHEDULE

The Rent for the Leased Premises shall be as follows.

RENT/ INITIAL LEASE TERM ANNUAL RENT SQ.FOOT January 1, 2022 – December 31, 2022 0.386 $1,621.20 January 1, 2023 – December 31, 2023 0.398 $1,671.60 January 1, 2024 – December 31, 2024 0.410 $1,722.00 January 1, 2025 – December 31, 2025 0.422 $1,772.40 January 1, 2026 – December 31, 2026 0.435 $1,827.00 January 1, 2027 – December 31, 2027 0.448 $1,881.6 January 1, 2028 – December 31, 2028 0.461 $1,936.20 January 1, 2029 – December 31, 2029 0.475 $1,995.00 January 1, 2030 – December 31, 2030 0.489 $2,053.80 January 1, 2031 – December 31, 2031 0.504 $2,116.80

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EXHIBIT B LEASED PREMISES

Lot 4 Block 8, Outlot C, Airport Rearrangement, according to the plat thereof on file and of record in the office of the Dakota County Recorder.

Dakota County, Minnesota.

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EXHIBIT C AIRPORT CONTRACT REQUIREMENTS

1. (/a) Tenant for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the Leased Premises for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. (49 CFR Part 21 – DOT Title VI Assurance – AC 150/5100-15A)

2. (/a) Tenant for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:

(a) No person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Leased Premises;

(b) That in the construction of any improvements on, over, or under such Leased Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and

(c) That Tenant shall use the Leased Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. (49 CFR Part 21 – DOT Title VI Assurance – AC 150/5100-15A)

3. (/b) Tenant agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable, and no unjustly discriminatory prices for each unit or service, PROVIDED, that Tenant may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (Grant Assurance 22)

4. (/b) Tenant assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates Tenant or

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its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the Provision obligates Tenant or any transferee for the longer of the following periods:

(a) The period during which the Leased Premises is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or

(b) The period during which the Airport sponsor or any transferee retains ownership or possession of the Leased Premises.

In the case of contractors, this Provision binds the contractors from the bid solicitation period through the completion of the contract. (AAIA of 1982, Section 520 – AC 150/5100-15A)

5. (/b) Tenant agrees that it practices nondiscrimination in their activities and will provide DBE participation in their leases as required by the sponsor, in order to meet the sponsor’s goals, or required by the FAA in order to obtain an exemption from the prohibition against Long-term exclusive leases. (49 CFR Part 23 – AC 150/5100-15A)

6. (/b) Tenant agrees that it shall insert the above five provisions in any lease (agreement, contract, etc.) by which Tenant grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the Leased Premises. (See the documents referenced for the above clauses)

7. (/b) It is hereby specifically understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right to provide aeronautical services to the public as prohibited by Section 308(a) of the Federal Aviation Act of 1958, as amended, and Landlord reserves the right to grant to others the privilege and right of conducting any one or all activities of an aeronautical nature. (Federal Aviation Act of 1958 Section 308(a) – AC 150/5100-16A)

8. (/c) Landlord reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of Tenant, and without interference or hindrance. (FAA Order 5190.6A - AGL-600)

9. (/c) Landlord reserves the right, but shall not be obligated to Tenant, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of Tenant in this regard. (FAA Order 5190.5A – AGL-600)

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10. (/c) This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Landlord and the United States, relative to the development, operation, or maintenance of the Airport. (FAA Order 5190.6A – AGL-600)

11. Tenant agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Leased Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Leased Premises. (FAA Order 5190.6A – AGL-600)

12. There is hereby reserved to Landlord, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Leased Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. (FAA Order 5190.6A – AGL-600)

13. By accepting this, Tenant expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the Leased Premises, above a mean sea level elevation of 971.00 feet. In the event the aforesaid covenants are breached, Landlord reserves the right to enter upon the Leased Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of Tenant. (FAA Order 5190.6A – AGL-600)

14. By accepting this Lease, Tenant expressly agrees for itself, its successors and assigns that it will not make use of the Leased Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, Landlord reserves the right to enter upon the Leased Premises and cause the abatement of such interference at the expense of Tenant. (FAA Order 5190.6A – AGL-600)

15. (/d)** This Lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire affecting the control, operation, regulation, and taking over of the Airport or the exclusive or nonexclusive use of the Airport by the United States during the time of war or national emergency. (Surplus Property Act of 1944 – FAA Order 5190.6A – AGL-600)

16. (/b) It is clearly understood by Tenant that no right or privilege has been granted which would operate to prevent any person, firm, or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including, but not limited to maintenance and repair) that it may choose to perform. (Assurance 22 – FAA Order 5190.6A – AGL-600)

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17. (/e) This Lease is subject to the requirements of the U.S. Department of Transportation’s regulations 49 CFR Part 23, Subpart F. Tenant agrees that it will not discriminate against any business owner because of the owner’s race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR Part 23, Subpart F. Tenant also agrees to include the above statements in any subsequent complementary aeronautical activity agreements that it enters into and cause those businesses to similarly include the statements in further agreements. (49 CFR Part 23, Subpart F)

Notes

/a Mandatory in all leases/agreements if airport is obligated by a Federal Agreement since January 30, 1965.

/b Mandatory in all leases/agreements for aeronautical services at airports subject to continuing obligations under FAAP/ADAP/AIP Agreements.

/c Mandatory in all Use Agreements permitting aeronautical operations from adjoining non-airport property.

/d Mandatory in all leases/agreements at airports acquired in whole or in part under Federal Surplus Property Transfer (unless the National Emergency Use Provision of the Surplus Transfer Document has been specifically released by the FAA).

/e Mandatory in all complementary aeronautical activity leases/agreements executed after June 1, 1992.

* Insert the number of feet mean sea level applicable to the most critical area of the parcel contained in this Lease in accordance with Part 77 of the Federal Aviation Regulations. If required, the area of a lease may be subdivided as shown on a property map to provide more than one height limitation, or more restrictive height limitations may be imposed at the discretion of the Sponsor.

** If the airport is not subject to the National Emergency Use Provision generally contained in Surplus Property Instruments of Disposal, Paragraph 15 above may be modified to exclude that portion of the provision, “or the exclusive or nonexclusive use of the Airport by the United States during the time of war or national emergency.”

-35- City Council Agenda Date: 5/17/2021 8-U Department: Airport Prepared By: Andrew Wall Administrator: JRH

Agenda Item: Approve Land Lease at Fleming Field with ARJ Properties, LLC

Action to be considered:

Adopt Resolution No. 2021-89 Approving Land Lease at Fleming Field with ARJ Properties, LLC for 1620 Henry Avenue.

Overview:

The City Council is required to approve land leases at the airport. City staff has prepared a land lease for the Lot 3 and the Southerly 44.84 feet of Lot 2, Block 7, Outlot C, Airport Rearrangement, also known as 1620 Henry Avenue with ARJ Properties, LLC on the approved lease form.

Airport staff recommends approval of this lease.

Source of Funds: N/A

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-89

RESOLUTION RELATING TO AIRPORT: APPROVING LAND LEASE AT FLEMING FIELD WITH ARJ PROPERTIES, LLC

WHEREAS, The City Council has reviewed and considered a Lease for Lot 3 and the Southerly 44.84 feet of Lot 2, Block 7, Outlot C, Airport Rearrangement (the “Lease”);

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 Leases 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 Leases in the name and on behalf of the City in the form hereby approved.

Adopted this 17th day of May 2021.

______City Clerk

AIRPORT LAND LEASE AGREEMENT [GROUND & BUILDING LEASE]

CITY OF SOUTH ST. PAUL [Landlord]

AND

ARJ PROPERTIES, LLC [TENANT]

1620 HENRY AVENUE

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INDEX TO LEASE AGREEMENT

Section Heading Page

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Exhibit A Rent Schedule Exhibit B Leased Premises Exhibit C Airport Contract Requirements

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LEASE AGREEMENT

IN CONSIDERATION OF the mutual agreements herein expressed and for valuable consideration, the parties agree as follows:

SECTION 1 LEASE

1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the real property situated upon the South St. Paul Municipal Airport (“Airport”), a public Airport owned and operated by Landlord, located in the County of Dakota, State of Minnesota commonly known as 1620 Henry Avenue, legally described in attached Exhibit B (the “Leased Premises”). Said Lease Premises has 14,184 total square feet.

The term of this Lease (“Term”) shall be for five (10) years commencing on March 1, 2021 (“Commencement Date”), unless earlier terminated as provided in this Lease. This Lease shall terminate in the event of the withdrawal or revocation of any permit or approval to operate the Airport granted to Landlord by the agencies or agency having jurisdiction over the Airport, or the revocation of the licenses issued to Landlord for the operation of the Airport with the rents prorated as of such termination.

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SECTION 3 LEASE RENEWAL

(i) No default exists in the performance by Tenant of any of the terms of this Lease;

(iii) With respect to the second Extended Term that the option for the first Extended Term has been exercised; and

(iv) That the Lease Term and any extension term shall not cause the Lease to continue for more than thirty (30) years from the Commencement Date of the Lease.

SECTION 4 RENT

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SECTION 5 USE OF LEASED PREMISES

__X__ Aeronautical purposes and incidental uses, including the commercial repair of aircraft, outfitting of aircraft, and maintenance and storage of aircraft.

SECTION 6 CONDUCT OF OPERATIONS

6.3 This Lease shall not be construed in any manner to grant Tenant, or those claiming under Tenant, the exclusive right to use any part of the Airport, except the Leased Premises.

SECTION 7 TENANT’S IMPROVEMENT OF THE LEASED PREMISES

7.1 Tenant agrees that any improvements constructed by Tenant upon the Leased Premises shall be constructed at no cost to Landlord.

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(i) The plans for such work;

(ii) The estimated cost of completing the work;

7.5 Regardless of whether or not the foregoing bonds, security and insurance are waived by Landlord, Tenant shall:

(i) Prior to the commencement of any construction, repair or alteration, procure from the necessary authorities any building or other permits that may be required;

(iii) Keep the Leased Premises and every building, structure and improvement on the Leased Premises free and clear from all liens for labor performed and materials furnished therefore;

(iv) Defend, at Tenant’s own cost and expense, each and every lien asserted or filed against any portion of the Leased Premises, or against the building, structure or

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improvement thereon and pay each and every judgment made or given against any portion of the Leased Premises, or against the building, structure or improvement thereon; and

SECTION 8 BUILDING MAINTENANCE

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SECTION 9 INSURANCE

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9.3 Tenant shall carry owners-tenants combined single limit coverage for bodily injury, property damage and all damages for any one incident of at least One Million Dollars ($1,000,000.00).

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SECTION 10 INDEMNIFICATION

SECTION 11 PAYMENT OF TAXES AND OTHER CHARGES

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SECTION 12 SERVICES AND UTILITIES

12.3 Tenant shall provide, at Tenant’s expense, security lighting and proper electrical service to the Leased Premises. All utility connections, electrical or otherwise, shall be underground.

SECTION 13 TENANT’S FINANCING

13.1 Tenant shall have the right to subject the leasehold estate and any and all improvements to one or more mortgages as security for a loan or loans or other obligation of Tenant, provided that:

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(ii) Tenant shall give Landlord prior notice of any mortgage, together with a copy of it.

(i) Payments of all taxes, assessment, and insurance premiums required by this Lease to be paid by Tenant are current, or are brought current by mortgagee, and are kept current;

(ii) Payments of all utility charges are current or are brought current by mortgagee, and are kept current;

(iii) The mortgagee performs all Tenant’s obligations with respect to the Leased Premises and keeps any improvements in good order and repair; and

SECTION 14 RIGHT TO REMOVE TRADE FIXTURES AT END OF LEASE TERM

SECTION 15 TENANT’S RIGHT TO SUBLEASE OR ASSIGN

15.1 Sublease. Tenant may not sublease more than twenty five (25%) percent of the Leased Premises without the prior written approval of Landlord.

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15.3 Landlord’s written consent to any proposed assignment or transfer shall not be withheld or delayed if, in the sole discretion of the Landlord, all of the following conditions are satisfied:

(ii) The proposed assignee or sub-lessee is creditworthy considering the obligations to be assumed under the Lease;

(iii) The proposed assignee or sub-lessee has experience in operations similar to that being conducted on the Leased Premises;

(iv) The use of the Leased Premises will comply with all the requirements of this Lease;

(vii) Tenant pays a lease transfer fee to the Landlord in the amount of $1,000.

15.4 Intentionally Omitted.

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SECTION 16 QUIET ENJOYMENT

SECTION 17 LANDLORD’S OPERATION OF AIRPORT

SECTION 18 DEFAULT BY TENANT

18.1 The following shall constitute a default by Tenant:

(i) Tenant fails to pay the Total Monthly Rent and such failure to pay shall is not cured within five (5) days after notice of such failure from Landlord;

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obligation and Tenant commences to cure within thirty (30) days and diligently pursues such cure to completion);

(iv) A petition to reorganize Tenant or for an arrangement of its unsecured debts is filed;

(v) Tenant is adjudicated bankrupt;

(vi) A receiver or trustee of Tenant’s property is appointed by any Court;

(vii) Tenant makes a general assignment for the benefit of creditors; or

(viii) The entirety of Tenant’s interest in Tenant’s property shall be taken by garnishment, attachment, execution or other process of law; or

(ix) The Leased Premises is abandoned for a period of thirty (30) days.

18.2 In the event of any default, in addition to any other remedies available to Landlord at law or equity, Landlord shall have the following rights:

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(iv) Recover from Tenant any reasonable attorneys’ fees incurred by Landlord in enforcing its rights hereunder.

SECTION 19 WAIVER

SECTION 20 LEGAL COSTS

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for the collection of any amounts due or the recovery of possession of the Leased Premises.

SECTION 21 INTENTIONALLY OMITTED

SECTION 22 CONDEMNATION

SECTION 23 DESTRUCTION OF LEASED PREMISES

SECTION 24 LEASE AMENDMENTS

24.1 Any of the terms of this Lease may be amended upon the mutual agreement, in writing, of Landlord and Tenant, which must be executed with the same formalities as this instrument.

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SECTION 25 BINDING ON SUCCESSORS

SECTION 26 COMMITMENTS TO FEDERAL OR STATE AGENCIES

SECTION 27 AIRCRAFT REGISTRATION

SECTION 28 APRON AND TAXIWAY

28.1 Apron. At Tenant’s own expense, Tenant shall construct, maintain, repair and replace an apron to serve the Leased Premises.

28.2 Taxiway. If Landlord constructs a taxiway to serve the Leased Premises as well as other areas, Landlord may require Tenant to pay the amount resulting from the following formula:

(i) First, Landlord shall calculate the total cost of construction of the taxiway, including all engineering, legal and administrative costs associated therewith;

(ii) Second, the amounts that Landlord actually receives from federal and state grants for the taxiway, if any, shall be subtracted from the total cost;

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The figure resulting from step (iii) above shall be paid by Tenant.

SECTION 29 SIGNS

Tenant may erect suitable advertising signs on the Leased Premises to advertise Tenant’s business, provided that the form, type, size and method of installation shall first be approved by Landlord.

SECTION 30 AVIATION FUEL

SECTION 31 LEASE SUBJECT TO GOVERNMENT DEED RESTRICTIONS

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operation of aircraft at the Airport, the Sponsor will insert and enforce provisions requiring the contractor:

(1) to furnish good, prompt and efficient service adequate to meet all the demands for its service at the Airport;

(2) to furnish said service on a fair, equal and nondiscriminatory basis to all users thereof, and

SECTION 32 HAZARDOUS SUBSTANCES

(i) Death or bodily injury to any person;

(ii) Structural damage to any property;

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(iii) Contamination of or detrimental effect upon the environment; or

(iv) Violation of governmental laws, orders or regulations

SECTION 33 GENERAL PROVISIONS

33.2 Tenant shall comply with all terms and conditions set forth in the most recently adopted South St. Paul Airport Operations Manual and any amendments or revisions to the Manual.

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33.4 Tenant and Tenant’s employees, agents, contractors and invitees shall, at all times while on or about any part of the Airport, obey all Airport traffic rules and regulations.

33.5 Tenant agrees that the Leased Premises are subject to all easements and encumbrances of record. Tenant shall not interfere with said easements.

SECTION 34 NOTICES

If to Landlord: Terminal Building 1725 Henry Avenue South St. Paul, MN 55075 Attn: Airport Manager

If to Tenant: ARJ Properties, LLC 3492 Westridge Dr Shakopee, MN 55379

34.2 Either party may change their address by providing written notice of the party’s new address to the other party.

SECTION 35 DATA PRACTICES ACT

Information supplied by Tenant to Landlord is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (the “Act”). Such information shall become public

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unless it falls into one of the exceptions of the Act. Tenant shall notify Landlord in writing of any data Tenant believes is classified as non-public.

SECTION 36 ENTIRE AGREEMENT

SECTION 37 CAPTIONS; TABLE OF CONTENTS

SECTION 38 COUNTERPARTS

This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.

SECTION 39 GOVERNING LAW

This Lease shall be governed, construed and enforced in accordance with the laws of the State of Minnesota.

SECTION 40 CONFLICT OF INTEREST

Tenant represents and warrants that no official, officer, or employee of Landlord has or will have any interest, direct or indirect, in this Lease or the transactions contemplated by it.

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SECTION 41 MEMORANDUM OF LEASE

SECTION 42 THIRD PARTY BENEFICIARIES

SECTION 43 COMPLIANCE WITH LAWS AND REGULATIONS

SECTION 44 FORCE MAJEURE

SECTION 45 NON-DISCRIMINATION

Tenant, Tenant’s successors in interest and permitted assigns, as a part of the consideration hereof, do covenant and agree to the following as covenants running with the land:

(i) That no person shall be excluded from participation in, denied the benefits of or be otherwise subjected to discrimination in the use of the facilities on the Leased

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Premises on the grounds of race, sex, color, creed or national origin;

SECTION 46 SEVERABILITY

The remainder of this page is intentionally blank.

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IN WITNESS WHEREOF, the parties have executed this Lease, or caused it to be executed by their or its duly authorized representative(s), as of the day and year first above written.

LANDLORD: TENANT: CITY OF SOUTH ST. PAUL ARJ PROPERTIES LLC.

By: ______By:______Name: James P. Francis Name: Randy Schoephoerster ______Title: Mayor Title: ______

Attest:

By: ______Name: Christy M. Wilcox Title: City Clerk

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STATE OF MINNESOTA ) ) ss. Landlord Acknowledgment COUNTY OF DAKOTA )

______Notary Public

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STATE OF MINNESOTA ) ) ss. Tenant Acknowledgment COUNTY OF DAKOTA ) [Company]

The foregoing instrument was acknowledged before me this ____ day of ______, 2021, by ______the ______of ARJ Properties, LLC., a Minnesota limited liability company, on behalf of the company.

______Notary Public

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EXHIBIT A

RENT SCHEDULE

The Rent for the Leased Premises shall be as follows.

RENT/ INITIAL LEASE TERM ANNUAL RENT SQ.FOOT January 1, 2022 – December 31, 2022 0.520 $7,375.68 January 1, 2023 – December 31, 2023 0.536 $7,602.62 January 1, 2024 – December 31, 2024 0.552 $7,859.27 January 1, 2025 – December 31, 2025 0.569 $8,070.70 January 1, 2026 – December 31, 2026 0.586 $8,311.82 January 1, 2027 – December 31, 2027 0.603 $8,552.95 January 1, 2028 – December 31, 2028 0.621 $8,808.26 January 1, 2029 – December 31, 2029 0.640 $9,077.76 January 1, 2030 – December 31, 2030 0.659 $9,347.26 January 1, 2031 – December 31, 2031 0.679 $9,630.94

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EXHIBIT B LEASED PREMISES

Lot 3 and the Southerly 44.84 feet of Lot 2, Block 7, Outlot C, Airport Rearrangement, according to the plat thereof on file and of record in the office of the Dakota County Recorder.

Dakota County, Minnesota.

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EXHIBIT C AIRPORT CONTRACT REQUIREMENTS

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(b) The period during which the Airport sponsor or any transferee retains ownership or possession of the Leased Premises.

In the case of contractors, this Provision binds the contractors from the bid solicitation period through the completion of the contract. (AAIA of 1982, Section 520 – AC 150/5100-15A)

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Notes

/a Mandatory in all leases/agreements if airport is obligated by a Federal Agreement since January 30, 1965.

/b Mandatory in all leases/agreements for aeronautical services at airports subject to continuing obligations under FAAP/ADAP/AIP Agreements.

/c Mandatory in all Use Agreements permitting aeronautical operations from adjoining non-airport property.

/e Mandatory in all complementary aeronautical activity leases/agreements executed after June 1, 1992.

-35- City Council Agenda Date: May 17, 2021 10-A Department: Community Development - Planning Prepared by: Monika Mann, Community Development Support Specialist Administrator: JRH

Agenda Item: Conditional Use Permit For a Home Occupation at 319 11th Avenue South

Action to be considered: Motion to approve Resolution 2021-70 approving a Conditional Use Permit for an In-Home Salon at 319 11th Avenue South.

Overview:

Application

The Applicant, Rachell Gerten is requesting a Conditional Use Permit for a Home Occupation at 319 11th Avenue South. The applicant would like to run a small, in-home salon at her place of residence. The proposed use would utilize one room on the first floor of the home. Services offered would include coloring, cutting, perming, and waxing. The applicant would be the sole employee of the business. The salon would be limited to one client at a time, as is required by state guidelines. Customer parking would take place out front of the home. Clients would enter through the front door of the house to access the salon. The owner has not requested any signage for the business. The proposed hours of operation are as follows: • Monday: Closed • Tuesday: 9:00 AM to 5:00 PM • Wednesday: 10:00 AM to 8:00 PM • Thursday: 9:00 AM to 4:00 PM. • Friday: 9:00 AM to 2:00 PM. • Saturday/Sunday: Closed

Home Occupations Standards

Home occupations are a conditional use in the city’s residential districts. The standards for home occupations are laid out in Section 118-121. This proposal meets the standards for a home occupation.

The City is in the process of updating the home occupation ordinance and the revised ordinance will be reviewed by the City Council in June. Under the proposed ordinance, the Applicant would not be required to receive a Conditional Use Permit for her proposed in-home salon. Instead, the applicant would be required to submit a signed affidavit to the City Planner agreeing to follow the performance standards for a home occupation.

Planning Commission Recommendation

The Planning Commission reviewed this application at their May 5th, 2021 meeting. Staff received an over-the-phone comment from Janet Palodichuk at 344 10th Avenue South. Ms. Palodichuk shared that she would love to see the permit granted and that the business would be a great addition to the neighborhood. No one was present to comment on the application. The Planning Commission voted to recommend approval of the proposed home occupation with a 5-0 vote. Staff Recommendation

Staff recommends that the City Council approve Resolution 2021-70 approving a Conditional Use Permit for an In-Home Salon at 319 11th Avenue South,

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

RESOLUTION NO. 2021-70

RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR A HOME OCCUATION AT 319 11TH AVENUE SOUTH

WHEREAS, the City received an application from Rachell Gerten to allow a home occupation for an in-home salon; and

WHEREAS, the subject property is located at 319 11th Avenue South and is legally described as follows:

The North ½ of Lot 25 and all of Lot 26, Block 2, Ravenscroft Park Addition to South St. Paul, Dakota County, Minnesota.

WHEREAS, the Planning Commission held a public hearing on the application at their May 5, 2021 meeting, proceeded by notice as required by law; and

WHEREAS, the Planning Commission took action to recommend approval of the Conditional Use Permit (5-0) at their May 5, 2021 meeting; and

WHEREAS, the City Council has considered the application, the recommendation of the Planning Commission and other evidence presented for consideration;

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

1. Facts. The facts found by the Planning Commission as stated in the Planner’s report dated May 5, 2021 regarding this matter are hereby adopted and included herein by reference including the following attachments: a. Site Location Map b. Applicant’s Narrative c. Public Comment Received Prior to the Meeting

2. Findings.

A. The City Council determines that the proposed Conditional Use Permit is consistent with the following criteria:

i. That the conditional use, with such conditions as the commission shall determine and attach, conforms to the general purpose and intent of this chapter. ii. If the application is based on the conditional use provision in this chapter that the issuance conforms to the general characteristic of the district of which it will become a part of. iii. That the conditional use will not impede the normal and orderly development and improvement of property in the neighborhood for uses permitted in the district or districts affected. iv. That adequate utilities, access roads, streets, drainage, and other necessary facility have been or will be provided. v. That adequate measures have been or will be taken to provide ingress and egress in such a manner as to minimize traffic congestion and hazards in the public streets. vi. That the proposed use is appropriate for its location in a residential zoning district.

B. The City Council approves the conditional use permit subject to the following conditions:

1. Scope of Business. The applicant is required to abide by the scope of business operation as detailed in the applicant’s narrative, including:

a) The home occupation hours of operation shall be consistent with what is stated in the narrative unless changes to the City Code increase flexibility and grant all home occupations the ability to operate during set hours. If the Code is updated, the Applicant’s business shall be permitted to operate during the expanded set of hours established by the updated Code.

b) No more than one (1) client may be waiting for service and no more than one (1) client may be receiving service at any time.

2. No Home Occupation Exterior Signage Without Additional Approvals. This conditional use permit does not include approval for the installation of any exterior signage for the home occupation.

3. No Employees Who Do Not Reside in Dwelling Unit. The home occupation must be operated by the occupant of the dwelling unit and may not have any on-site employees who do not reside in the dwelling unit.

4. Building Code/Fire Code Compliance. The operation must comply with the Building Code and Fire Code and the Applicant must obtain any required permits. A fire extinguisher must be mounted in the room where the salon is located.

6. Conditional Use Permit Termination. Per City Code, the Conditional Use Permits will terminate if the improvement has not been substantially begun within one (1) year from the date of approval. Per City Code, the City Council may revoke the Conditional Use Permit, following a public hearing, if any of the above conditions have been violated. Adopted this 17th day of May, 2021.

______City Clerk AMENDED AGENDA ITEM 4.A South St. Paul Planning Commission

Prepared By: Meeting Date: Monika Mann, Community Development Support Specialist 5/5/2021

Item Description: Public Hearing for a Conditional Use Permit for Home Reviewed By: Michael Healy, City Planner Occupation at 319 11th Avenue South

ACTION REQUESTED A motion recommending approval or denial of a Conditional Use Permit for a Home Occupation at 319 11th Avenue South.

BACKGROUND

Application

The Applicant, Rachell Gerten, is seeking the following approval:

1. A Conditional Use Permit for a home occupation to run an in-home hair salon at 319 11th Avenue South.

Review Times Application Submittal: April 1, 2021 Planning Commission: May 5, 2021 Tentative City Council Meeting: May 17, 2021 60-Day Review Deadline: May 31st, 2021

Background

Staff received an application from Rachell Gerten to run a small, in-home salon at her place of residence. Her property is located at 319 11th Avenue South. The property is zoned R-2- Single-and-Two-Family Residential. Home occupations are allowed by Conditional Use Permit in the R-2 District.

The applicant is the owner of the home and the proposed salon would remain accessory to the primary use as a single-family home. The proposed hair salon studio would utilize one room on the first floor of the home. The salon studio would offer coloring, cutting, perming, and waxing services. The applicant would be the sole employee at the studio. The salon would be limited to one client at a time, as is required by state guidelines. Customer parking would take place out front of the home. The owner has not requested any signage for the businesses. The proposed hours of operation are as follows:

• Monday: Closed • Tuesday: 9:00 AM to 5:00 PM • Wednesday: 10:00 AM to 8:00 PM • Thursday: 9:00 AM to 4:00 PM. • Friday: 9:00 AM to 2:00 PM. • Saturday/Sunday: Closed

Relevant Code

The City Code currently requires a conditional use permit for any type of home occupation. A home occupation is defined as:

Home occupation means any occupation or profession engaged in by the occupant of a dwelling when carried on within a dwelling unit. Such uses may include professional office uses which require or include customers coming to the residence to obtain a business service or product, or teaching, and similar uses; however, a home occupation shall not be interpreted to include beauty salons or barbershops with two or more salon chairs, tourist homes, restaurants, or similar uses. The term also includes the performance of massage services pursuant to a personal service license issued under article XIII of chapter 18 of this Code.

Performance standards for home occupations are found in Section 118-121, Single-family residential district. These standards are as follows:

Sec. 118-121. - R-1, single-family district. f. Home occupations, as defined in section 118-8, provided that: 1. Entrance to the home occupation is gained from within the structure; 2. The occupation shall be conducted entirely within the principal structure; 3. No accessory building or attached garage shall be used for the home occupation; 4. Evidence of the occupation shall not be visible from the street; 5. No stock or warehousing for the occupation shall be stored on the premises; 6. No more than three parking spaces are needed at any given time in addition to the parking spaces required by the resident occupants; 7. Home occupations such as massage are limited to no more than one client waiting for services and no more than one client receiving services at any given time; and 8. Home occupations such as teaching are limited to three students at any given time.

Conditional Use Permit Analysis

The Applicant needs a conditional use permit in order to have a home occupation. The Code states that a Conditional Use Permit should only be recommended for approval if the Planning Commission has made the following determination:

(1) That the conditional use, with such conditions as the commission shall determine and attach, conforms to the general purpose and intent of this chapter. (2) If the application is based on the conditional use provision in this chapter that the issuance conforms to the general characteristics of the district of which it will become a part. (3) That the conditional use will not impede the normal and orderly development and improvement of property in the neighborhood for uses permitted in the district or districts affected. (4) That adequate utilities, access roads, streets, drainage, and other necessary facilities have been or will be provided. (5) That adequate measures have been or will be taken to provide ingress and egress in such a manner as to minimize traffic congestion and hazards in the public streets. (6) In residential districts, certain uses may not be considered appropriate within the interior of residential neighborhoods because of noise, traffic, or other conditions that would tend to adversely affect the residential character of the neighborhood and possibly reduce property values. These may be considered appropriate only on the periphery of residential neighborhoods or under such conditions as the city council may deem proper. The uses may represent "buffer" uses for those areas lying between residential dwellings and nonresidential uses. Discussion

The applicant has proposed a home occupation use that meets the City’s regulations for a home occupation. In-home salons are one of the most common home occupations. Staff would note that while the current home occupation ordinance requires a Conditional Use Permit for this use, this part of the City Code will soon be updated. Under the proposed new rules, minor in-home occupations will no longer need a conditional use permit so long as they fully comply with a set of performance standards. The proposed in- home salon would be considered “permitted” and would not need a conditional use permit under the proposed new standards. The Applicant was informed of the upcoming changes to the Code and has indicated that she wants to start her new in-home business immediately and is not able to wait for the new standards to be adopted.

Staff Recommendation

Staff recommends approval of the proposed Conditional Use Permit, subject to the following conditions:

1. Scope of Business. The applicant is required to abide by the scope of business operation as detailed in the applicant’s narrative, including: a) The home occupation hours of operation shall be consistent with what is stated in the narrative unless changes to the City Code increase flexibility and grant all home occupations the ability to operate during set hours. If the Code is updated, the Applicant’s business shall be permitted to operate during the expanded set of hours established by the updated Code. b) No more than one (1) client may be waiting for service and no more than one (1) client may be receiving service at any time.

2. No Home Occupation Exterior Signage Without Additional Approvals. This conditional use permit does not include approval for the installation of any exterior signage for the home occupation.

3. No Employees who Do Not Reside in Dwelling Unit. The home occupation must be operated by the occupant of the dwelling unit and may not have any on-site employees who do not reside in the dwelling unit.

5. Other Permits and Licensing. The applicant is responsible for obtaining all permits and approvals from other government agencies and for securing the appropriate business license from the City Clerk. The business license must be kept in good standing. 6. Conditional Use Permit Termination. Per City Code, the Conditional Use Permits will terminate if the improvement has not been substantially begun within one (1) year from the date of approval. Per City Code, the City Council may revoke the Conditional Use Permit, following a public hearing, if any of the above conditions have been violated.

Required Action

The Planning Commission has the following actions available on the proposed application:

A. Approval. If the Planning Commission wishes to recommend approval of the Conditional Use Permit the following action should be taken:

• Motion to recommend approval of a home occupation CUP at 319 11th Avenue South, subject to the conditions laid out in the Staff report.

B. Denial. If the Planning Commission wishes to recommend denial of the proposed Conditional Use Permit, the following:

• Motion to recommend denial of the Conditional Use Permit for a home occupation at 319 11th Avenue South.

If the recommendation is for denial, the Planning Commission should adopt a finding that the proposed use fails to meet the Code’s requirements for Conditional Use Permits.

Attachments A- Site Location Map B- Applicant’s Narrative C- Public Comment Received Prior to the Meeting

ATTACHMENT A SITE LOCATION MAP

ATTACHMENT B APPLICANT’S NARRATIVE

ATTACHMENT C PUBLIC COMMENT RECEIVED PRIOR TO THE MEETING

City Council Agenda Date: May 17, 2021 10-B Department: Community Development - Planning Prepared by: Monika Mann, Community Development Support Specialist Administrator: JRH

Agenda Item: Variance for an Additional Accessory Structure at 600 Gun Club Road

Action to be considered: A motion to approve Resolution 2021-71 approving a variance to allow an additional accessory structure at 600 Gun Club Road.

Overview:

Application

The applicant, George Derks on behalf of the South St. Paul Rod and Gun Club, is requesting a variance to allow an additional accessory structure at 600 Gun Club Road. The applicant has proposed to place an 8’ X 10’ resin shed on the property. The shed would be used to store firearm safety equipment and classroom training aids. No guns or live ammunition would be stored in the shed.

Site Information

The South St. Paul Rod and Gun Club has been in South St. Paul since 1935. The property is zoned “I, Industrial” and is considered legal non-conforming as gun ranges are not an allowed use in the Industrial District. The property has special rights under the Minnesota Shooting Range Protection Act or Minnesota Statutes Chapter 87A. This statute allows legal non-conforming shooting ranges to “conduct additional shooting activities within the range's lawful property boundaries as of the date the range became a nonconforming use, provided the shooting range remains in compliance with noise and shooting range performance standards...” This means that the Gun Club can add additional shooting activities even though the property’s use is legal non-conforming.

Most properties function with one principal structure and one accessory structure that serves that principal structure/use. The South St. Paul Rod and Gun Club’s use is unique in that there is one principal structure and multiple accessory structures that work together to create an experience for the site users. The site’s use is most similar to a ‘private recreational day camp’ use. Properties that involve a large number of building are supposed to be processed as a Planned Unit Development, but this is not an option for the Gun Club due to the complicated status as a lawful nonconforming use with limited expansion rights guaranteed by State Statute.

Request

The proposed shed is less than 200 square feet, so only a zoning permit is required for the structure. The shed would not be visible from the road and meets all the setback requirements for an accessory structure. The shed would complement the exterior materials of the Gun Club’s main building. The shed is not located in the Floodplain or Flood Fringe districts, so no additional permitting or zoning approval are required. A variance is necessary for the proposed accessory structure because only one accessory structure is allowed for each principal building on any non-residential site. The site is grandfathered to have one principal structure and multiple accessory structure. Any additional accessory structures require a variance from the City Council. Planning Commission Public Hearing and Recommendation:

The Planning Commission reviewed the application at their meeting on May 5th, 2021. No members of the public were present to comment, and no written comments had been received on the item. The Planning Commission voted to recommend approval of the Variance with a 5-0 vote.

Staff Recommendation

Staff recommends that the City Council approve Resolution 2021-71 approving a variance for an additional accessory structure at 600 Gun Club Road.

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

RESOLUTION NO. 2021-71

RESOLUTION APPROVING A VARIANCE FOR AN ADDITIONAL ACCESSORY STRUCTURE AT 600 GUN CLUB ROAD

WHEREAS, the City received an application from George Derks on behalf of the South St. Paul Rod and Gun Club for a variance to allow an additional accessory at the site; and

WHEREAS, the subject property is located as at 600 Gun Club Road and is legally described as follows: (See Exhibit A)

WHEREAS, the Planning Commission held a public hearing on the application at their May 5, 2021 meeting, proceeded by notice as required by law; and

WHEREAS, the Planning Commission took action to recommend approval of the variance (5-0) at their May 5, 2021 meeting; and

WHEREAS, the City Council has considered the application, the recommendation of the Planning Commission and other evidence presented for consideration;

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

1. Facts. The facts found by the Planning Commission as stated in the Planner’s report dated May 5, 2021 regarding this matter are hereby adopted and included herein by reference including the following attachments: a. Site Location Map b. Proposed Shed c. Proposed Shed Location d. Applicant’s Narrative e. FEMA Map of Gun Club Showing Proposed Shed

2. Findings.

A. The City Council determines that the proposed Variance is consistent with the following criteria:

i. That the variance is in harmony with the general purpose and intent of the ordinance.

The variance is in reasonable harmony with the general purpose of the ordinance which is to prevent a property from having an overwhelming amount of accessory structures which clutter the site. In general, properties that involve a large number of buildings are supposed to be processed as Planned Unit Developments but that option is not appropriate for the Gun Club due to its complicated status as a lawful nonconforming use that has limited expansion rights guaranteed by State Statute. The nature of the Gun Club differs from a traditional business use in that there are many structures that serve the principal use of the site to create a user experience.

ii. That the terms of the variance are consistent with the Comprehensive Plan.

The variance does not contradict the comprehensive plan.

iii. That economic considerations are not the reasoning for the variance.

Economic considerations are not the reasoning for the variance. The Applicant desires to have additional storage to improve the functionality of the property.

iv. That the Property Owner proposed to utilize the property in a reasonable manner.

The property owner is proposing to use their property in a reasonable manner by storing equipment in an enclosed building to keep the grounds orderly and to prevent the equipment from being damaged or stolen.

v. That the plight of the property is not due to the circumstances by the property owner.

The South St. Paul Rod and Gun Club has been in South St. Paul since the mid- 1930s. The facility was built before the City created its first zoning code. As the zoning code has evolved over the 90 years that the Gun Club has existed, language was never included to provide the Gun Club with the ability to have multiple accessory structures to serve the use of the site. Up until the 1990s, properties in the industrial district had few regulations and could develop essentially as they saw fit, so there was little need to create standards to codify the unique relationship of accessory structures at the Gun Club. The site’s use is most similar to a private recreational day camp as opposed to an industrial or manufacturing operation.

vi. That the variance will not alter the essential character of the neighborhood.

The addition of a shed at the Gun Club will not impact the character of the site or the surrounding properties.

B. The City Council approves the variance subject to the following conditions:

A. Consistency with Submitted Plans. The shed’s design must be substantially consistent with the submitted plans and its location must be substantially consistent with the submitted site plan.

B. Permit Required. The Applicant shall obtain a miscellaneous permit prior to installing the shed.

C. Compliance with Zoning Requirement for Sheds. The applicant shall adhere to setback requirements, exterior material requirements, and other relevant zoning requirement for sheds.

D. Installation Standards. In accordance with the City Code, the shed shall be anchored to a concrete slab or otherwise securely fastened to the ground by other methods approved by the Building Official.

E. Termination of the Variances. Per City Code, the variance will terminate if improvements have not substantially begun within one (1) year from the date of approval of the variance. The violation of any condition of approval may result in the termination of the variance, following a hearing by the City Council.

Adopted this 17th day of May, 2021.

______City Clerk

Exhibit A Legal Description

PARCEL 1

An irregular shaped parcel of land East of intersection of the West line of said section & South boundary line of the City of South St. Paul, the point of beginning; continuing East along the South boundary line of the City of South St. Paul 950 feet, more or less, to a point of intersection with the centerline of an existing flood dike, northwesterly along the centerline of said dike 90 feet North 63 degrees West, 310 feet more or less, North 21 degrees along centerline 797 feet North 81 degrees West of said dike for a distance of 480 feet, more or less; North 23 degrees West, more or less, for a distance of 410 feet to a point of intersection Chestnut Street extended easterly; North 490 feet to North centerline Southwest ¼ West along North centerline to point of intersection with common boundary of tract of land conveyed to Midwest Railroad Property South along boundary to beginning, containing 11.37 acres, more or less, Section 35, Township 28, Range 22, Dakota County, Minnesota

PIN 36-03500-58-010

PARCEL 2

An irregular shaped parcel of land, part of West ¾ of Northwest ¼ of Southwest ¼ line East of Fol Des line commencing at a point 750 feet East of intersection West line of said section & the South boundary line of the City of South St. Paul, as measured along said line, the point of beginning continuing East along the South boundary line of the City of South St. Paul, 950 feet, more or less, to point of intersection with flood dike, northwesterly along the centerline of said dike for a distance of 90 feet; North 63 degrees West, more or less, along the centerline of said dike for a distance of 310 feet North, more or less, North 21 degrees West, more or less, along the centerline of said dike for a distance of 797 feet, more or less; North 81 degrees West, more or less, along the centerline of said dike for a distance of 480 feet, more or less; North 23 degrees West, more or less, for a distance of 410 feet to a point of intersection Chestnut Street extended easterly; North for a distance of 490 feet, more or less, to North line of the Southwest ¼, containing 10.61 acres, more or less, Section 35, Township 28, Range 22, Dakota County, Minnesota

PIN 36-03500-57-010

PARCEL 3

East ¼ of Northwest ¼ of Southwest ¼, containing 10.00 acres, more or less, Section 35, Township 28, Range 22, Dakota County, Minnesota

PIN 36-03500-50-010

PARCEL 4

An irregular shaped parcel of land common boundary at Southeast comer of Lincoln Park North to North line of Lot 8 East to Mississippi River South along Mississippi River to point due East of beginning West to beginning, containing 15.36 acres, more or less, Section 35, Township 28, Range 22, Dakota County, Minnesota

PIN 36-03500-55-010

PARCEL 5

Government Lot 9, containing 33.68 acres, more or less, Section 35, Township 28, Range 22, Dakota County, Minnesota

PIN 36-03500-51-010 AGENDA ITEM 4.B South St. Paul Planning Commission

Prepared By: Meeting Date: Monika Mann, Community Development Support Specialist 5/5/2021

Item Description: Public Hearing for a Variance for An Additional Accessory Reviewed By: Michael Healy, City Planner Structure at 600 Gun Club Road

ACTION REQUESTED A motion recommending approval or denial of a variance for an 8’ x 10’ accessory structure (shed) at 600 Gun Club Road.

BACKGROUND

Application

The Applicant, George Derks on behalf of the South St. Paul Rod and Gun Club, is seeking the following approval:

1. A variance to allow an additional accessory structure (shed) at 600 Gun Club Road.

Review Times Application Submittal: April 5, 2021 Planning Commission: May 5, 2021 Tentative City Council Meeting: May 17, 2021 60-Day Review Deadline: June 4, 2021

Request

The applicant has requested a variance to allow an 8’ x 10’ resin shed that a member is proposing to purchase and donate to the Gun Club. The shed would be used to store firearm safety training equipment and classroom training aids. No firearms or live ammunition would be stored in the proposed shed. The shed would not be visible from the road and would meet all setback requirements. The shed would match the exterior materials of the Gun Club’s main building. The shed is less than 200 square feet, so only a zoning permit is required for the structure. A variance is necessary for the proposed accessory structure because only one accessory structure is allowed for each principal building on a non-residential site. The site is lawful nonconforming and is “grandfathered” to have one principal structure and multiple accessory structure but any new accessory structure requires a variance. Background

The South St. Paul Rod and Gun Club has been in South St. Paul since 1935. The Gun Club Property is about 81 acres in size and is located generally south of interstate 494 and east of Gun Club Road. The Gun Club offers outdoor rifle and pistol ranges that are open year-round. The site has a main club house with a pro shop, restaurants, pavilion, and a full bar.

The property is zoned “I, Industrial” and is considered legal non-conforming as gun ranges are not an allowed use in the Industrial District. The property has special rights under the Minnesota Shooting Range Protection Act or Minnesota State Chapter 87A. This statue allows legal non-conforming shooting ranges to “conduct additional shooting activities within the range's lawful property boundaries as of the date the range became a nonconforming use, provided the shooting range remains in compliance with noise and shooting range performance standards...” This means that the Gun Club can add additional shooting activities even though the property’s use is legal non-conforming.

In addition to being in the Industrial District, the Gun Club is also within the Floodplain districts. These are special district that apply to the properties within the FEMA flood insurance rate maps 27037C0041E, 27037C0043E, 27037C0044E, and 27037C0107E. The Gun Club has sections of its property that are within the Floodway District and others that fall into the Flood Fringe District. A map of these districts can be found as Attachment D.

Most properties function with one principal structure and one accessory structure that serves that principal structure/use. The Gun Club’s use is unique in that there is one principal structure and multiple accessory structures that work together to create an experience for the site users. This site is most similar to a ‘private recreational day camp’ use.

Relevant Previous Approvals

The South St. Paul Road and Gun Club has previously received a number of approvals for accessory structures at the site, including:

• 1983- Special Use Permit (SUP) and Variance for Metal Accessory Building • 1987- SUP for Manufactured Building • 2000- Picnic Shelter CUP • 2003- Clubhouse Addition CUP • 2016- Permanent Rifle Firing Shed CUP • 2016- Storage Container IUP • 2017- Temporary Rifle Firing Structure IUP • 2017- Temporary Shot Gun Stand IUP • 2019- Temporary Shot Gun Stand IUP • 2019- Temporary Rifle Firing Structure IUP

Relevant Code

Two sections of the City Code are relevant to the request: Section 118-171 and Section 118-208.

Section 118-171 lists standards for properties that are within the Floodplain districts. Section 118-171 (d) lists performance standards for properties in the Floodway District. Section 118-171(e) lists performance standards for properties in the Flood Fringe District. The South St. Paul Rod and Gun Club has sections of its property in each of these districts.

Section 118-208 regulates accessory structures and buildings. Section 118-208 (b) regulates the number of accessory structures that can be on a site and Section 118-208 (e) regulates the maximum size of accessory structures.

Why Is This Not An IUP/CUP Request?

Historically, certain accessory structures at the Gun Club have been approved either with a Conditional Use Permit (CUP) or an Interim Use Permit (IUP) because the Gun Club is located in the Floodplain Districts. These districts are based on flood insurance rate maps prepared by the Federal Emergency Management Agency. Any accessory structures located within a “floodway” as designated by FEMA flood insurance maps requires a Conditional Use Permit. The structures constructed with a Special Use Permit or Conditional Use Permit in 1983, 1987, 2000, and 2003 were all structures that were placed in a floodway. These structures are in flood zone AE which has an 1% annual change of flooding.

The accessory structure approvals that took place between 2016 and 2019 were generally for accessory structures that were temporary. Section 118-208 requires a conditional use permit for any accessory structure larger than 200 square feet. Many of these structures are intended to be temporary structures which is why staff processed these non-permanent structures with an IUP. The City Council has consistently stated that they would prefer to see the Gun Club invest in building more permanent structures and move away from their reliance on temporary structures.

The proposed shed is less than 200 square feet which means the structures does not need a CUP per Section 118-208. The proposed structure is outside of the flood plain and therefore does not require any additional special approvals related to flooding risk.

Variance Analysis

The Planning Commission is asked to review the proposed variance using the criteria laid out in the City Code. Staff has drafted an analysis that the Planning Commission can use if they wish to recommend approval of the variance: a. That the variance is in harmony with the general purpose and intent of the ordinance The variance is in reasonable harmony with the general purpose of the ordinance which is to prevent a property from having an overwhelming amount of accessory structures which clutter the site. In general, properties that involve a large number of buildings are supposed to be processed as Planned Unit Developments but that option is not appropriate for the Gun Club due to its complicated status as a lawful nonconforming use that has limited expansion rights guaranteed by State Statute. The nature of the Gun Club differs from a traditional business use in that there are many structures that serve the principal use of the site to create a user experience. b. That the terms of the variance are consistent with the Comprehensive Plan. The variance does not contradict the comprehensive plan. c. That economic considerations are not the reasoning for the variance. Economic considerations are not the reasoning for the variance. The Applicant desires to have additional storage to improve the functionality of the property. d. That the Property Owner proposes to utilize the property in a reasonable manner The property owner is proposing to use their property in a reasonable manner by storing equipment in an enclosed building to keep the grounds orderly and to prevent the equipment from being damaged or stolen. e. That the plight of the property is not due to the circumstances created by the property owner

The South St. Paul Rod and Gun Club has been in South St. Paul since the mid-1930s. The facility was built before the City created its first zoning code. As the zoning code has evolved over the 90 years that the Gun Club has existed, language was never included to provide the Gun Club with the ability to have multiple accessory structures to serve the use of the site. Up until the 1990s, properties in the industrial district had few regulations and could develop essentially as they saw fit, so there was little need to create standards to codify the unique relationship of accessory structures at the Gun Club. The site’s use is most similar to a private recreational day camp as opposed to an industrial or manufacturing operation. f. That the variance will not alter the essential character of the neighborhood. The addition of a shed at the Gun Club will not impact the character of the site or the surrounding properties.

Staff Discussion and Recommended Action

Staff recommends approval of the variance. The variance is consistent with the City Council’s longstanding stance that they want the Gun Club to invest in permanent structures and stop relying so heavily on temporary structures such as converted trailers. The variance would allow the Gun Club additional storage at the site and prevent exterior storage. The proposed location of the shed is hidden from the view of roads and is outside of the floodway. It is a good location for this type of structure. Staff recommend approval of the variance subject to the following conditions of approval:

1. Consistency with Submitted Plans. The shed’s design must be substantially consistent with the submitted plans and its location must be substantially consistent with the submitted site plan.

2. Permit Required. The Applicant shall obtain a miscellaneous permit prior to installing the shed.

3. Compliance with Zoning Requirements for Sheds. The applicant shall adhere to setback requirements, exterior material requirements, and other relevant zoning requirements for sheds.

4. Installation standards. In accordance with the City Code, the shed shall be anchored to a concrete slab or otherwise securely fastened to the ground by other methods approved by the Building Official.

5. Variance Termination. Per City Code, the variance will terminate if improvements have not substantially begun within one (1) year from the date of approval of the variance. The violation of any condition of approval may result in the termination of the variance, following a hearing by the City Council.

Required Action

The Planning Commission has the following actions available on the proposed application:

A. Approval. If the Planning Commission wishes to recommend approval of the variance, the following action should be taken:

• Motion to recommend approval of a variance for an additional accessory structure at 600 Gun Club Road.

B. Denial. If the Planning Commission wishes to recommend denial of the proposed setback variance, the following action should be taken: • Motion to recommend denial of a variance for an additional accessory structure at 600 Gun Club Road, finding that the variance does not present a practical difficulty.

If the Planning Commission wishes to recommend denial, they should adopt a finding that the project fails to meet the variance criteria.

Attachments A- Site Location Map B- Proposed Shed C- Proposed Shed Location D Applicant’s Narrative E- FEMA Map of Gun Club Showing Proposed Shed

ATTACHMENT A SITE LOCATION MAP

ATTACHMENT B PROPOSED SHED

ATTACHMENT C PROPOSED SHED LOCATION

ATTACHMENT D APPLICANT’S NARRATIVE

ATTACHMENT E FEMA MAP OF GUN CLUB SHOWING PROPOSED SHED

City Council Agenda Date: May 17, 2021 10-C Department: Community Development-Planning Prepared by: Michael Healy, City Planner Administrator: JRH

Agenda Item: Conditional Use Permit for Truck Repair at 116 Hardman Court

Action to be considered:

Motion to approve Resolution 2021-85 approving a Conditional Use Permit for truck repair at 116 Hardman Court.

Overview:

Application

The Applicant, Andrew Biggs on behalf of AVM Group LLC, owns a 20,000 square foot office warehouse building that was constructed in 2020. The building consists of four (4) 5,000 square foot suites. The Applicant is seeking a City approval to allow a new tenant to move into one of the suites:

1. A Conditional Use Permit to allow Interstate Truck Driving School to use the suite addressed “116 Hardman Court” as a maintenance facility for their truck fleet.

Background

AVM Group LLC was approved in June of 2020 to construct a roughly 20,000 square foot office warehouse building at the southeastern end of the Hardman Court cul-de-sac in the Bridgepoint Industrial Park. Their building contains four (4) different 5,000 square foot suites, one of which is occupied by AVM Construction’s contracting operation. There is a screened exterior storage area at the rear of the lot behind the building which is governed by a Conditional Use Permit.

AVM has reached a tentative agreement with Interstate Truck Driving School, a business with an existing presence in South St. Paul, to occupy one of the vacant suites. Interstate Truck Driving School owns a fleet of trucks that are used for driving instruction and would use the suite for storage and for light maintenance of their truck fleet.

Zoning

The property is zoned I-1 Light Industrial. This zoning district allows offices, manufacturing, warehousing, and printing/publishing as “permitted” uses where a City Council approval is not needed. Most other industrial uses, including “automobile, truck, and other vehicle repair” are listed as conditional uses, meaning that the use is allowed but a Conditional Use Permit is required.

The proposed business would have “truck repair” as its principal use so a conditional use permit is required before they can move forward with occupying the space. Summary of Proposed Business

The Applicant provided the following summary of the proposed business’s operations:

• The space will be used for maintenance of Interstate Truck Driving School’s fleet vehicles.

• There will be somewhere between 1-5 employees working at the site on an average day.

• The typical hours of operation are Monday-Friday from 7 AM to 5 PM but there may occasionally be use of the space outside of those hours.

• The business may make use of the existing approved exterior storage area but will not store any materials that may be hazardous to the health of the river through stormwater runoff. There will be no exterior storage of unlicensed vehicles, junk vehicles, or automotive parts or debris.

• The repair shop will not be open to the general public, it will only support Interstate Driving School’s operation.

Discussion

This is a relatively straightforward request that appears to fully comply with the I-1 zoning district rules. The proposed business is very limited in its scope of operations and will have a minimal impact on the surrounding area. Because the repair facility will not serve the general public, there is no compelling reason to attach strict conditions to the Conditional Use Permit. The CUP should specify, however, that the facility cannot serve the public. Any plan to expand operations in the future and provide service to the general public would require a CUP amendment and further review.

PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATION

The Planning Commission held a public hearing at their May 5, 2021 meeting. No members of the public submitted comments or attended the meeting. The Planning Commission recommended approval of the Conditional Use Permit with Staff’s recommended conditions with a 5-0 vote.

STAFF RECOMMENDATION

Staff recommends approval of Resolution 2021-85 approving a Conditional Use Permit for truck repair at 116 Hardman Court.

Source of Funds: N/A

60-Day Review Deadline: June 4, 2021 City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-85

A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TRUCK REPAIR AT 116 HARDMAN COURT

WHEREAS, the City received an application from Andrew Biggs on behalf of AVM Group LLC requesting the following approvals for one of the suites in their multi-tenant building whose principal address is 132 Hardman Court:  A Conditional Use Permit to allow Interstate Truck Driving School to use the suite addressed “116 Hardman Court” as a maintenance facility for their truck fleet.

WHEREAS, the subject property is a suite in a multi-tenant building and is addressed as 116 Hardman Court (“the Property”); and is legally described as Lot 5, Block 1, MISSISSIPPI LANDING 4th ADDITION, according to the recorded plat therof.

WHEREAS, the Planning Commission held a public hearing on the application at their May 5, 2021 meeting, preceded by notice as required by law; and

WHEREAS, the Planning Commission recommended Approval (5 –0) of the application at their May 5, 2021 meeting; and

WHEREAS, the City Council has considered the application, the recommendation of the Planning Commission and other evidence presented for consideration;

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

a. Site Location Map b. Approved Site Plan and Exterior Storage Plan for Entire Property c. Plans for Suite Addressed 116 Hardman Court d. Applicant’s Narrative e. Existing Conditional Use Permit Governing Exterior Storage (Resolution #2020-78)

2. Findings. Resolution 2021-85 May 17, 2021 Page 2 of 3

A. The City Council determines that the proposed Conditional Use Permit is consistent with the following criteria:

i. That the conditional use, with such conditions as the commission shall determine and attach, conforms to the general purpose and intent of this chapter. ii. If the application is based on the conditional use provision in this chapter that the issuance conforms to the general characteristics of the district of which it will become a part. iii. That the conditional use will not impede the normal and orderly development and improvement of property in the neighborhood for uses permitted in the district or districts affected. iv. That adequate utilities, access roads, streets, drainage, and other necessary facilities have been or will be provided. v. That adequate measures have been or will be taken to provide ingress and egress in such a manner as to minimize traffic congestion and hazards in the public streets. vi. That the proposed conditional use is consistent with the performance standards contained within City Code Section 118-40 concerning industrial districts.

B. The City Council approves the Conditional Use Permit subject to the following conditions:

1. Compliance with Plans/Submittals. The site shall be utilized in substantial conformance with the following plans on file with the Community Development Department.

a. Application/Narrative (A. Biggs) dated April 5, 2021 b. 116 Hardman Court Site/Building Plan (Rosa Architectural Group) dated July 10, 2021

2. Building Permits Required. Building permits are required for any proposed construction. All building plans and specifications are subject to the review and approval of the City Building Official and the South Metro Fire Marshal.

3. Vehicle Repair Performed in Enclosed Building. All vehicle repair shall take place within an enclosed building.

4. Noise Mitigation. Noise from the facility shall be controlled to ensure that the use does not adversely impact adjacent uses such as the Mississippi River Trail. The overhead door to the facility shall be kept shut when vehicle repair is taking place.

Resolution 2021-85 May 17, 2021 Page 3 of 3

5. Use of Property’s Exterior Storage Area. The exterior storage area on the subject property will continue to be governed by Conditional Use Permit via Resolution #2020- 78. The truck repair business shall be permitted to utilize the exterior storage area but there shall be no exterior storage of tires, automotive parts, or vehicle repair debris. Additionally, there shall be no exterior storage of vehicles waiting repairs that are unlicensed and/or not operable under their own power.

6. No Vehicle Repair Services Offered to the General Public. This conditional use permit only authorizes the use of the suite addressed 116 Hardman Court as an “in-house” vehicle repair facility for fleet vehicles owned or leased by the entity that is operating the truck repair facility. No vehicle repair services may be offered to the general public without an amendment to the conditional use permit.

7. Conditional Use Permit Termination. Per city Code, the Conditional Use Permits will terminate if the improvement has not been substantially begun within one (1) year from the date of approval. Per City Code, the City Council may revoke the Conditional Use Permits, following a public hearing, if any of the above conditions have been violated.

Adopted this 17th day of May, 2021.

______City Clerk AGENDA ITEM 4.C South St. Paul Planning Commission

Prepared By: Meeting Date: Michael Healy, City Planner 5/5/2021

Item Description: Public Hearing for Conditional Use Permit for Truck Repair at 116 Hardman Court

ACTION REQUESTED A motion recommending approval or denial of a Conditional Use Permit for truck repair at 116 Hardman Court.

BACKGROUND/ DISCUSSION

Application

1. A Conditional Use Permit to allow Interstate Truck Driving School to use the suite addressed “116 Hardman Court” as a maintenance facility for their truck fleet.

Review Timeline

Application Submittal: April 5, 2021 Planning Commission: May 5, 2021 Tentative City Council Meeting: March 17, 2021 60-Day Review Deadline: June 4, 2021

Background

Construction of the shell of the building has been completed and AVM Group LLC is now actively marketing the three (3) vacant suites to prospective tenants. The interior of each suite will be finished according to each tenant’s individual needs. AVM has reached a tentative agreement with Interstate Truck Driving School, a business with an existing presence in South St. Paul, to occupy one of the vacant suites. Interstate Truck Driving School owns a fleet of trucks that are used for driving instruction and would use the suite for storage and for light maintenance of their truck fleet.

Zoning

The proposed business would have “truck repair” as its principal use so a conditional use permit is required before they can move forward with occupying the space.

Summary of Proposed Business

The Applicant provided the following summary of the proposed business’s operations:

• The space will be used for maintenance of Interstate Truck Driving School’s fleet vehicles.

• There will be somewhere between 1-5 employees working at the site on an average day.

• The typical hours of operation are Monday-Friday from 7 AM to 5 PM but there may occasionally be use of the space outside of those hours.

• The repair shop will not be open to the general public, it will only support Interstate Driving School’s operation.

Conditional Use Permit

The Applicant needs a conditional use permit in order to have “truck repair” as a principal use in the suite addressed 116 Hardman Court. The Code states that a Conditional Use Permit should only be recommended for approval if the Planning Commission has made the following determinations:

Discussion

Staff Recommendation

Staff recommends approval of the Conditional Use Permit, subject to the following conditions:

1. Compliance with Plans/Submittals. The site shall be utilized in substantial conformance with the following plans on file with the Community Development Department.

a. Application/Narrative (A. Biggs) dated April 5, 2021 b. 116 Hardman Court Site/Building Plan (Rosa Architectural Group) dated July 10, 2021

3. Vehicle Repair Performed in Enclosed Building. All vehicle repair shall take place within an enclosed building.

5. Use of Property’s Exterior Storage Area. The exterior storage area on the subject property will continue to be governed by Conditional Use Permit via Resolution #2020-78. The truck repair business shall be permitted to utilize the exterior storage area but there shall be no exterior storage of tires, automotive parts, or vehicle repair debris. Additionally, there shall be no exterior storage of vehicles waiting repairs that are unlicensed and/or not operable under their own power.

Required Action

The Planning Commission has the following actions available on the proposed application:

A. Approval. If the Planning Commission wishes to recommend approval of the Conditional Use Permit, the following action should be taken:

• Motion to recommend approval of the Conditional Use Permit for truck repair at 116 Hardman Court, subject to the Conditions laid out in the Staff report.

B. Denial. If the Planning Commission wishes to recommend denial of any or all of the proposed Conditional Use Permit, the following action should be taken:

• Motion to recommend denial of the Conditional Use Permit for truck repair at 116 Hardman Court.

ATTACHMENTS

A. Site Location Map B. Approved Site Plan and Exterior Storage Plan for Entire Property C. Plans for Suite Addressed 116 Hardman Court D. Applicant’s Narrative E. Existing Conditional Use Permit Governing Exterior Storage (Resolution #2020-78)

ATTACHMENT A SITE LOCATION MAP

ATTACHMENT B APPROVED SITE PLAN AND EXTERIOR STORAGE PLAN FOR ENTIRE PROPERTY

ATTACHMENT C PLANS FOR SUITE ADDRESSED 116 HARDMAN COURT

ATTACHMENT D APPLICANTS’ NARRATIVE

ATTACHMENT E EXISTING CONDITIONAL USE PERMIT GOVERNING EXTERIOR STORAGE (RESOLUTION #2020-78)

City Council Agenda Date: May 17, 2021 10-D Department: Community Development-Planning Prepared by: Michael Healy, City Planner Administrator: JRH

Agenda Item: Conditional Use Permit and Variance for Illuminated Wall Art on The Drover at 161 Concord Exchange North

Action to be considered:

Motion to approve Resolution 2021-86 approving a Variance and Conditional Use Permit for illuminated wall art on “The Drover” at 161 Concord Exchange North.

Overview:

Application

The Applicant, Master Properties, is requesting two City approvals relating to their proposal to install illuminated wall art on the north side of “The Drover” apartment building at 161 Concord Street North:

1. A Conditional Use Permit for an exterior light source that is more than 16 feet off the ground in the Concord Gateway Mixed-Use (CGMU) zoning district.

2. A Variance to allow an exterior light source that is not downcast in the Concord Gateway Mixed Use (CGMU) Mixed-Use zoning district.

Background

The Drover’s main exterior building material is gravel-faced concrete precast panels which is not a building material that can easily be recreated to patch the hole that will be left in the north wall. City Staff had initially encouraged the Drover’s owner to plan to restore the north wall with either decorative siding to match the rooftop patio area or some type of painted mural. The building owner, however, declined to take Staff’s suggestions and is instead proposing to fill the hole with “illuminated wall art.” They have obtained two historic flashing neon signs that at one time hung outside a bar in Minneapolis. The signs are painted images with neon tubes over the paintings. One sign depicts a cowboy riding a horse and the second sign depicts a steer being lassoed. The building owner is proposing to install these flashing neon ornaments on the north wall of the Drover to fill the hole. The City Council has reviewed this concept at Worksession meetings and has been extremely supportive of the proposal. Zoning Status and Site Conditions

The subject property is zoned Concord Gateway Mixed Use Subdistrict 1 (CGMU-1) which is a mixed- use zoning district with strict architectural requirements that was adopted in 2003 with the goal of recreating a traditional early 1900’s downtown main street along Concord Exchange. The subject property is also located within the Mississippi River Corridor Critical Area zoning overlay.

Signage vs. Art

The City Code has a definition of what constitutes a “sign” and has strict rules for signage which regulate sign size, height, illumination, location, etc. Many types of signage are completely prohibited citywide, including painted signs, and many other types of signage are tightly controlled through performance standards.

The City has historically taken the stance that murals and other non-advertising wall art are NOT signage. This position has led to a number of murals being painted on the sides of buildings on Southview Boulevard and Marie Avenue, something that would not be possible if murals were considered signs since “painted signs” are expressly prohibited by the sign ordinance. The proposed paint and neon light wall display at “The Drover” does not directly promote the apartment building as signage and can reasonably be considered “wall art.” The City Attorney has advised that the City should be consistent in its policies and should treat the proposed steer and cowboy wall art the same way that is has treated other wall art in recent years.

Why a Conditional Use Permit and Variance?

The City generally does not regulate “wall art” and all of the painted murals on Southview Boulevard and Marie Avenue were installed without permits or any type of approval from the City. The difference here is that the cowboy and steer are proposed to be framed by neon light tubes that can flash on and off to animate a scene of the cowboy lassoing the steer. The Concord Gateway Mixed-Use (CGMU) zoning district has strict rules when it comes to exterior lighting. Per City Code Section 118-125 which regulates the CGMU district:

All exterior lighting in the CGMU district shall be downcast cutoff type fixtures and shall follow the styles and types identified in the framework manual. No light source may be more than 16 feet above the ground, except by conditional use permit for buildings more than 20 feet in height.

The highest point of the neon lights will be roughly 23 feet off the ground which requires a Conditional Use Permit under the CGMU ordinance. A variance is required because the neon lights will shine directly outward and are not downcast/cutoff type lighting.

Placing Conditions on the Conditional Use Permit and Variance

During the City Council Worksession, several Councilmembers asked Staff to explore the possibility of approving the CUP and Variance without conditions or with limited conditions and then coming back later to add stricter conditions if there are problems. Staff reviewed this idea with the City Attorney who advised that this approach legally is not allowed. Once the CUP has been granted, the City cannot revisit it in the future to attach more conditions. If the City wants to attach conditions to the approval, it needs to be done now. The City can potentially remove conditions in the future but cannot attach more. PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATION

The Planning Commission held a public hearing for the item at their May 5, 2021 meeting. No comments were received from the public and no members of the public were present to speak at the meeting.

The Planning Commissioners all agreed that there was a need to regulate the “flashing” activity to keep the neon art from being overly distracting to drivers or being a nuisance to surrounding property owners. Additionally, they all agreed that there was a need to regulate the times that the neon could be illuminated. The Planning Commission asked the Applicant if they would be amenable to “hours of operation” restrictions that required the neon to be turned off overnight and the Applicant stated that they had no issue with that type of restriction. The Applicant also shared with the Planning Commission that the art’s timing could be adjusted so that the images would flash more slowly if that was something that would make the display more acceptable. Staff explained to the Planning Commission that, per the Code, electronic signs are generally able to change their display once every 8 seconds in commercial areas and once every 15 seconds in residential areas. The proposed “wall art” is not a sign but those standards could still be useful in regulating it.

The Planning Commission voted 5-0 to recommend approval of the Conditional Use Permit and Variance with two additional conditions:

1. The lighting on the art must be turned off between 10 PM and 7 AM

2. The neon lighting may not transition between different images more frequently than once every 15 seconds.

Commissioner Felton requested that it be added to the record that he has apprehensions about art being used to fill the hole in the side of the Drover and that the City Council and City Attorney should review what it would mean if the Applicant sold the building and took their art with them. He asked that EDA Staff verify that the HRA’s 1974 skyway agreement would not require the City to pay for another wall restoration if the art was removed. EDA Staff has verified that the City is only financially responsible for repairing the hole left by the skyway removal one time and would not be responsible for any costs if the Applicant removes the art in the future and creates another hole.

Staff Recommendation

Staff recommends approval of Resolution 2021-86 approving a Variance and Conditional Use Permit for illuminated wall art on “The Drover” at 161 Concord Exchange North.

Source of Funds: N/A

60-Day Review Deadline: June 4, 2021 City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-86

A RESOLUTION APPROVING AVARIANCE AND CONDITIONAL USE PERMIT FOR ILLUMINATED WALL ART AT THE DROVER AT 161 CONCORD EXCHANGE NORTH

WHEREAS, the City received an application from Master Properties requesting the following approvals:  A Conditional Use Permit for an exterior light source that is more than 16 feet off the ground in the Concord Gateway Mixed-Use (CGMU) zoning district.  A Variance to allow an exterior light source that is not downcast in the Concord Gateway Mixed Use (CGMU) Mixed-Use zoning district. WHEREAS, the subject property is located at 161 Concord Exchange North (“the Property”); and is legally described as follows: (See Exhibit A)

WHEREAS, the Planning Commission held a public hearing on the application at their May 5, 2021 meeting, preceded by notice as required by law; and

WHEREAS, the Planning Commission recommended Approval (5 –0) of the application at their May 5, 2021 meeting; and

WHEREAS, the City Council has considered the application, the recommendation of the Planning Commission and other evidence presented for consideration;

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

a. Site Location Map b. Cowboy Art Location Drawings c. Applicant’s Narrative d. Email from Lighting Specialist About Glare

2. Findings. Resolution 2021-86 May 17, 2021 Page 2 of 5

A. The City Council determines that the proposed variances are consistent with the following criteria: i. That the variance is in harmony with the general purpose and intent of the ordinance. The general purpose and intent of the ordinance is to require building lighting to be downcast to minimize light pollution. The proposed illuminated wall art incorporates targeted decorative lighting as an essential feature. This is very different than an exterior light that simply is not shielded properly.

ii. That the terms of the variance are consistent with the Comprehensive Plan. The variance is not inconsistent with the comprehensive plan.

iii. That economic considerations are not the reasoning for the variance. The reasoning for the variance is the Applicant’s desire to install a piece of art on the side of their building.

iv. That the Property Owner proposes to utilize the property in a reasonable manner. Wall art is a reasonable façade treatment.

v. That the plight of the property is not due to the circumstances created by the property owner. The City is obligated to restore the hole in the side of the building that is being left by the removal of the skyway. The skyway is being torn down to benefit the property across the street and its removal does not provide direct benefit to the property owner. The property owner is proposing illuminated wall art as a strategy for filling the hole.

vi. The variance will not alter the essential character of the neighborhood. The City recently approved a Planned Unit Development that allowed non- downcast LED lighting as an architectural treatment on a new apartment building being built across the street from the subject property so there is Resolution 2021-86 May 17, 2021 Page 3 of 5

a precedent for waiving the standard. The streetscape along Concord Exchange is eclectic and the variance will not alter the essential character of the neighborhood.

B. The City Council determines that the proposed Conditional Use Permit is consistent with the following criteria:

i. That the conditional use, with such conditions as the commission shall determine and attach, conforms to the general purpose and intent of this chapter. ii. If the application is based on the conditional use provision in this chapter that the issuance conforms to the general characteristics of the district of which it will become a part. iii. That the conditional use will not impede the normal and orderly development and improvement of property in the neighborhood for uses permitted in the district or districts affected. iv. That adequate utilities, access roads, streets, drainage, and other necessary facilities have been or will be provided. v. That adequate measures have been or will be taken to provide ingress and egress in such a manner as to minimize traffic congestion and hazards in the public streets.

C. The City Council approves the Variance and Conditional Use Permit subject to the following conditions:

1. Compliance with Plans/Submittals. The site shall be utilized in substantial conformance with the following plans on file with the Community Development Department.

a. Application/Narrative (M. Heitzman) dated April 5, 2021 b. Cowboy Art Location Drawings dated March 31, 2021

2. Building Permits May Be Required. Building permits may be required for the proposed installation. All plans and specifications are subject to the review and approval of the City Building Official and Zoning Administrator.

3. Compliance with Glare Ordinance. The illuminated wall art must comply with the City’s glare ordinance. The City will reserve the right to require the lighting to be dimmed or turned off it is determined to be out of compliance.

4. Hours of Operation. The neon lighting on the wall art must be turned off each night between 10 PM and 7 AM.

5. Transition Frequency. The neon lighting on the wall art may not transition between different images more frequently than once every 15 seconds. Resolution 2021-86 May 17, 2021 Page 4 of 5

6. Conditional Use Permit Termination. Per city Code, the Conditional Use Permits will terminate if the improvement has not been substantially begun within one (1) year from the date of approval. Per City Code, the City Council may revoke the Conditional Use Permits, following a public hearing, if any of the above conditions have been violated.

7. Variance Termination. Per City Code, the variance will terminate if improvements have not substantially begun within 1 year from the date of approval.

Adopted this 17th day of May, 2021.

______City Clerk

Attachments

Attachment A- Legal Description Attachment A Legal Description

AGENDA ITEM 4.D South St. Paul Planning Commission

Prepared By: Meeting Date: Michael Healy, City Planner 5/5/2021

Item Description: Public Hearing for Conditional Use Permit and Variance for Illuminated Wall Art on The Drover Apartment Building at 161 Concord Exchange North

ACTION REQUESTED A motion recommending approval or denial of Conditional Use Permit and Variance for Illuminated Wall art on “The Drover” at 161 Concord Street North.

BACKGROUND/ DISCUSSION

Application

1. A Conditional Use Permit for an exterior light source that is more than 16 feet off the ground in the Concord Gateway Mixed-Use (CGMU) zoning district.

2. A Variance to allow an exterior light source that is not downcast in the Concord Gateway Mixed Use (CGMU) Mixed-Use zoning district.

Review Timeline

Application Submittal: April 5, 2021 Planning Commission: May 5, 2021 Tentative City Council Meeting: March 17, 2021 60-Day Review Deadline: June 4, 2021

Background

The Applicant owns “The Drover,” an apartment building that is located at the southwest corner of Concord Exchange and Grand Avenue. The skyway that connects “The Drover” to the small office building across the street is being removed because that building across the street is being torn down for redevelopment. The skyway was constructed by the South St. Paul Housing and Redevelopment Authority in 1974 and is governed by a written agreement. The agreement requires the City to restore the north wall of the Drover “to a serviceable condition, in a reasonably esthetic and workmanlike manner” if the skyway is ever removed. The Drover’s main exterior building material is gravel-faced concrete precast panels which is not a building material that can easily be recreated to patch the hole that will be left in the north wall. City Staff had initially encouraged the Drover’s owner to plan to restore the north wall with either decorative siding to match the rooftop patio area or some type of painted mural. The building owner, however, declined to take Staff’s suggestions and is instead proposing to fill the hole with “illuminated wall art.” They have obtained two historic flashing neon signs that at one time hung outside a bar in Minneapolis. The signs are painted images with neon tubes over the paintings. One sign depicts a cowboy riding a horse and the second sign depicts a steer being lassoed. The building owner is proposing to install these flashing neon ornaments on the north wall of the Drover to fill the hole.

The Applicant’s proposal to mount the neon cowboy and neon bull on the side of their building was informally discussed by the City Council at two Worksession meetings on January 25th and April 12th of this year. The City Council is enthusiastically supportive of the proposal and thinks it is a fun and colorful way to beautify the side of the building. The Council feels the proposal is a nice throwback to South St. Paul’s history with cattle and cowboy culture. The City Council strongly encouraged the Applicant to move forward with their proposal and seek formal approvals.

Zoning Status and Site Conditions

The subject property is zoned Concord Gateway Mixed Use Subdistrict 1 (CGMU-1) which is a mixed-use zoning district with strict architectural requirements that was adopted in 2003 with the goal of recreating a traditional early 1900’s downtown main street along Concord Exchange. The subject property is also located within the Mississippi River Corridor Critical Area zoning overlay.

The building on the subject property was constructed in 1974 as an office building but this use ceased a number of years ago when Wells Fargo vacated the building. In 2017, the City approved a Conditional Use Permit which allowed the building to be converted into a 68-unit apartment complex. The apartment conversion primarily involved changes to the interior of the building although it did include the addition of a new rooftop patio which includes a small enclosure with decorative siding.

Signage vs. Art

The City has historically taken the stance that murals and other noncommercial wall art are NOT signage as long as they do not directly promote the building’s occupant. This position has led to a number of murals being painted on the sides of buildings on Southview Boulevard and Marie Avenue, something that would not be possible if murals were considered signs since “painted signs” are expressly prohibited by the sign ordinance. The proposed neon display at “The Drover” does not directly promote the apartment building and can reasonably be considered “wall art.” The City Attorney has advised that the City should be consistent in its policies and should treat the proposed steer and cowboy wall art the same way that is has treated other wall art in the past.

Why a Conditional Use Permit and Variance?

Glare Considerations

The City Code regulates glare to prevent private exterior lighting from creating a nuisance by spilling its light onto adjacent properties. Glare is regulated citywide but there are even stricter rules for glare in the CGMU zoning district. In the CGMU district:

Lighting levels shall not exceed one-half footcandle at the abutting property line or right-of-way line, and no direct glare from lighting on site shall extend onto the public street, public open space or neighboring properties.

City Staff advised the Applicant that they must have a photometric plan prepared, just as the City would normally require for any type of business that was proposing to install new exterior lighting. The Applicant hired Daniel J. Kaufman of the Kaufman Sign Company to review the “wall art” and advise them on this matter. Mr. Kaufman has stated that a photometric plan is not necessary in this situation as neon lights do not create glare. He stated that neon lights are very intense and the neon light itself will be highly visible at a great distance from the property line. There will be no significant secondary or spillover light, however, and the lighting will not create any glare.

Discussion

The City Council believes that the proposed neon wall art will be a valuable addition to the Concord/Grand streetscape and has encouraged City Staff to work with the Applicant to make sure this project is successful. As previously stated, the City is not normally in the business of regulating “art” and this project is only subject to City regulations because of the lighting component.

Across the street from the subject property, the City recently granted “The Yards” apartment project a Planned Unit Development approval which included permission to have a glowing LED strip at the top of their building as an architectural feature. That glowing strip required the same Conditional Use Permit as the neon cowboy project and the glowing strip also required the waiver of the rule requiring all exterior lighting to be downcast.

Comments from Police Department

From Chief Messerich:

“I hope it isn’t a distraction for drivers, as there will be increased traffic at this intersection once the Yards in occupied.”

Potential Conditions of Approval

The proposed illuminated wall art will face out towards the south façade of “The Yards” apartment building which will soon be under construction. The proposed flashing neon lights could potentially create a nuisance for some residents living in “The Yards” in addition to potentially being distracting to drivers. The City does have the authority to attach conditions of approval to the lighting to mitigate the potential impact. Some potential conditions that could be attached are:

1. Hours of Operation. The wall art lighting could be required to be turned off at a certain time each night.

2. No Flashing Allowed. Staff will share a video of the flashing neon effect the meeting. The City has the authority to prohibit flashing and require this to be a static neon light display.

3. Timing Restriction for Flashing. The City Code does allow changeable electronic signs in many zoning districts but always includes a rule that the signage cannot change more than once every 8 seconds. If the City does want to allow the neon cowboy and steer to flash but wanted to restrict the frequency, the CUP could potentially require the “illuminated wall art” to follow the 8-second rule.

4. Set Performance Times. The flashing neon could be allowed to “perform” once or twice a day during set hours but the neon would otherwise need to remain static.

During the City Council Worksession, several Councilmembers discussed the possibility of approving the CUP and Variance without conditions or with limited conditions and then coming back later to add stricter conditions if there are problems. Staff reviewed this idea with the City Attorney who advised that this approach is not legal. Once the CUP has been granted, the City cannot revisit it in the future to attach more conditions. If the City wants to attach conditions to the approval, they need to be attached now. The City can potentially remove conditions in the future but cannot attach more.

Conditional Use Permit Review Criteria

The Planning Commission is tasked with reviewing the Conditional Use Permit request through the following lens:

Sec. 118-40. - Conditional use permits.

(d) Standards for approving a conditional use permit. The planning commission shall make the following affirmative determinations before a conditional use permit may be recommended for approval by the city council: (1) That the conditional use, with such conditions as the commission shall determine and attach, conforms to the general purpose and intent of this chapter. (2) If the application is based on the conditional use provision in this chapter that the issuance conforms to the general characteristics of the district of which it will become a part. (3) That the conditional use will not impede the normal and orderly development and improvement of property in the neighborhood for uses permitted in the district or districts affected. (4) That adequate utilities, access roads, streets, drainage, and other necessary facilities have been or will be provided. (5) That adequate measures have been or will be taken to provide ingress and egress in such a manner as to minimize traffic congestion and hazards in the public streets. (6) In residential districts, certain uses may not be considered appropriate within the interior of residential neighborhoods because of noise, traffic, or other conditions that would tend to adversely affect the residential character of the neighborhood and possibly reduce property values. These may be considered appropriate only on the periphery of residential neighborhoods or under such conditions as the city council may deem proper. The uses may represent "buffer" uses for those areas lying between residential dwellings and nonresidential uses.

Variance Review Criteria

In order to recommend approval of the variance, the Planning Commission must adopt findings that the proposal satisfies the variance criteria listed in the zoning ordinance. Staff has drafted findings that could be potentially used in support of the variance:

a. That the variance is in harmony with the general purpose and intent of the ordinance. The general purpose and intent of the ordinance is to require building lighting to be downcast to minimize light pollution. The proposed illuminated wall art incorporates targeted decorative lighting as an essential feature. This is very different than an exterior light that simply is not shielded properly.

b. That the terms of the variance are consistent with the Comprehensive Plan. The variance is not inconsistent with the comprehensive plan.

c. That economic considerations are not the reasoning for the variance. The reasoning for the variance is the Applicant’s desire to install a piece of art on the side of their building.

d. That the Property Owner proposes to utilize the property in a reasonable manner. Wall art is a reasonable façade treatment.

e. That the plight of the property is not due to the circumstances created by the property owner. The City is obligated to restore the hole in the side of the building that is being left by the removal of the skyway. The skyway is being torn down to benefit the property across the street and its removal does not provide direct benefit to the property owner. The property owner is proposing illuminated wall art as a strategy for filling the hole.

f. The variance will not alter the essential character of the neighborhood. The City recently approved a Planned Unit Development that allowed non-downcast LED lighting as an architectural treatment on a new apartment building being built across the street from the subject property so there is a precedent for waiving the standard. The streetscape along Concord Exchange is eclectic and the variance will not alter the essential character of the neighborhood.

Staff Recommendation

Staff recommends approval of the Conditional Use Permit and Variance, subject to the following conditions:

1. Compliance with Plans/Submittals. The site shall be utilized in substantial conformance with the following plans on file with the Community Development Department.

a. Application/Narrative (M. Heitzman) dated April 5, 2021 b. Cowboy Art Location Drawings dated March 31, 2021

4. Conditional Use Permit Termination. Per city Code, the Conditional Use Permits will terminate if the improvement has not been substantially begun within one (1) year from the date of approval. Per City Code, the City Council may revoke the Conditional Use Permits, following a public hearing, if any of the above conditions have been violated.

5. Variance Termination. Per City Code, the variance will terminate if improvements have not substantially begun within 1 year from the date of approval.

In addition to these five conditions, Staff would advise the Planning Commission to review and discuss the potential conditions listed earlier in this memo that would regulate the flashing of the neon light and/or the hours of operation. The City would be well within its rights to place such conditions upon the approval. As previously mentioned, such conditions could potentially be removed in the future but no new conditions can be added once the Conditional Use Permit has been approved.

Required Action

The Planning Commission has the following actions available on the proposed application:

A. Approval. If the Planning Commission wishes to recommend approval of the Conditional Use Permit and Variance, the following action should be taken:

• Motion to recommend approval of the Conditional Use Permit and Variance for exterior lighting on a piece of wall art at 161 Concord Exchange North, subject to the Conditions laid out in the Staff report (and any additional conditions that the Planning Commission wishes to recommend).

B. Denial. If the Planning Commission wishes to recommend denial of the Conditional Use Permit and Variance, the following action should be taken:

• Motion to recommend denial of the Conditional Use Permit and Variance for exterior lighting on a piece of wall art at 161 Concord Street North.

ATTACHMENTS

A. Site Location Map B. Cowboy Art Location Drawings C. Applicant’s Narrative D. Email from Lighting Specialist About Glare

ATTACHMENT A SITE LOCATION MAP

ATTACHMENT B COWBOY ART LOCATION DRAWINGS

ATTACHMENT C APPLICANTS’ NARRATIVE

ATTACHMENT D EMAIL FROM LIGHTING SPECIALIST ABOUT GLARE

10 - E City Council Agenda Report Date: May 17, 2021 Department: City Clerk Administrator: JRH

Agenda Item: Special Event License Request by enVision Hotel – Ride for Wishes

Action to be considered:

Motion to approve the Special Event License to enVision Hotel located at 701 Concord Street South for the Ride for Wishes Event to be held on Saturday, June 5, 2021 from 5:00 p.m. to 12:00 midnight.

Overview:

The City Council adopted an ordinance establishing Special Event Licenses to allow liquor establishments to have outdoor music events. enVision Hotel located at 701 Concord Street South is requesting approval of a Special Event License for Saturday, June 5, 2021 for the Ride for Wishes event. The properties nearest to this event have been notified, however, the mailing for this event was later than normal due to the date the application was received.

The Chief of Police has approved the security plan for this event and staff is recommending approval of the Special Event License.

Source of Funds: n/a

A CITY COUNCIL AGENDA REPORT DATE: May 17, 2021 10-F DEPARTMENT: LIBRARY & ADMINISTRATION Prepared By: Kathy Halgren & Joel Hanson ADMINISTRATOR: JRH

AGENDA ITEM: Resolution 2021-75 to Dakota County Board of Commissioners Regarding Library Project

ACTION TO BE CONSIDERED: ADOPT RESOLUTION 2021-75 FOR SUBMITTAL TO THE DAKOTA COUNTY BOARD OF COMMISSIONERS REGARDING THE CITY’S DESIRE TO BECOME PART OF THE DAKOTA COUNTY LIBRARY SYSTEM RESULTING IN THE CONSTRUCTION OF A NEW LIBRARY IN SOUTH ST. PAUL.

OVERVIEW:

The Library Board and the City Council have been trying to resolve the challenges associated with upgrading the South St. Paul Library facilities for a number of years. This past November, the Dakota County Board of Commissioners unanimously voted to undertake a programming study to determine the appropriately sized library needed to serve SSP. They also asked the study to tell them what a $6 million dollar project would buy.

The results of the study indicated SSP needs a library of 16,146 square feet based on their service model used in other similar Dakota County communities. The lowest cost option to accomplish that objective would be to utilize the City owned land at 7th & Marie. The total estimated cost for this option (exclusive of land) is $8,266,000. To build at the current library site would cost $11,463,000 ($3,197,000 more). That project would not provide any off-street parking.

In terms of what a $6 million project budget could buy, the study concluded the following: ♦ 11,700 square feet at City’s 7th & Marie site ♦ 8,500 square feet at existing Library site ♦ A remodel of the current Library (11,840 square feet) Neither the Library Board or the City Council indicated that any of these options were viable largely due to these projects lacking sufficient community space and the overall reduction in the recommended base program of 16,146 square feet.

The Dakota County Board of Commissioners will review this report at their General Government & Policy Committee meeting on June 8th. It is imperative that we send a supportive message to the County Board as they consider the possibility of incorporating the SSP Library into the Dakota County Library system and then building a new facility to meet the needs of this library. To that end, Resolution 2021-75 is attached for your consideration. The Council should discuss the resolution to ensure it sends the correct message. It should be noted that the Library Board is also adopting a similar resolution to be forwarded to Dakota County. This resolution is based on their decision this past Monday to support the 7th & Marie site for a new 16,146 square foot library and to reaffirm their commitment to become part of the DCL system. The Library Board’s decision is also contingent upon their involvement in resolving the details of the transfer itself as well as design considerations for the new facility.

SOURCE OF FUNDS:

TBD

ATTACHMENTS:

Resolution 2021-75 Library Board Resolution Dakota County PowerPoint Presentation City of South St. Paul Dakota County, Minnesota

RESOLUTION #2021-75

RESOLUTION REAFFIRMING THE CITY’S SUPPORT FOR THE SOUTH ST. PAUL LIBRARY TO BECOME PART OF THE DAKOTA COUNTY LIBRARY SYSTEM

WHEREAS, the City of South St. Paul submitted a proposal to the Dakota County Board of Commissioners in March of 2020 regarding the South St. Paul Library becoming part of the Dakota County Library system; and WHEREAS, the City’s preferred site for the construction of a new library was located at 7th & Marie Avenues; and WHEREAS, the County Board authorized a programming study for a South St. Paul Library in November of 2020; and WHEREAS, the programming study evaluated the 7th & Marie site as well as the current library site at Marie & 3rd Avenue; and WHEREAS, the programming study has determined that a library of 16,146 square feet is needed to provide the recommended service level for South St. Paul; and WHEREAS, the County Board will review the programming study results at their meeting of June 8th. NOW THEREFORE, BE IT RESOLVED that the City Council of South St. Paul, Minnesota does hereby resolve as follows: 1. We reaffirm our desire to have the South St. Paul Library merge with the Dakota County Library system. 2. We support and agree with the report findings that the City owned property at 7th & Marie is the most viable for a new library facility. 3. We believe a new library should be constructed to meet the base program recommendation of 16,146 square feet to meet the needs of the South St. Paul community. 4. We respectfully request that Dakota County provide full funding of the base program building project estimated at $8.3 million. 5. We believe the involvement of our Library Board and other members of the community is critical in the design process for a new library. 6. We support the transfer of the South St. Paul Library collection valued by County Staff at over $1.1 million to the Dakota County Library System as part of the merger process. 7. The City remains committed to working with Dakota County to achieve the objectives set forth by this resolution. Adopted this 17th day of May, 2021.

______City Clerk

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-83

SOUTH ST. PAUL LIBRARY BOARD RECOMMENDATIONS FOR FUTURE COUNTY LIBRARY IN SOUTH ST. PAUL

WHEREAS, the South St. Paul Library Board has been studying various possibilities for an improved library facility to provide better public service since 2016; and

WHEREAS, the South St. Paul Library Board values the unique character of our current library building but recognizes its challenges for staff and visitors alike as well as the high cost of renovation; and

WHEREAS, the South St. Paul Library Board voted on March 9, 2020, to the submission to the County of the Proposal Regarding the “Transfer of Library Operations from the City of South St. Paul to the Dakota County Libraries,” with the understanding that the Library Board would be involved in future discussions; and

WHEREAS, in said Proposal, the preferred site option for a remodeled/new library was the existing library site combined with the Lawshe Museum site if the Dakota County Historical Society discontinued its operations at Lawshe Museum; and

WHEREAS, the preferred site is now the City and Special School District #6 Property at 7th and Marie Aves. since the Dakota County Historical Society is not vacating the Lawshe Museum site; and

WHEREAS, on November 10, 2020, the County Board agreed to conduct a programming study, with cost estimates for construction/renovation/remodel, of our current site and the two properties at 7th and Marie Aves.; and

WHEREAS, the study concluded that the optimal size of a library built to Dakota County standards in terms of services, space considerations, amenities, etc., would be 16,146 GSF (full Base Program); and

WHEREAS, the study also concluded that the best option for the full Base Program would be a new library on the City-owned property at 7th and Marie Aves. (Option 1B) at a cost of $8.3 million with the possibility of creating a net zero facility.

NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH ST. PAUL LIBRARY BOARD FOR THE CITY OF SOUTH ST. PAUL, MINNESOTA, AS FOLLOWS:

1. The South St. Paul Library Board confirms its intention to merge with the Dakota County Library System (DCL) at a future date agreed upon by all Parties and subject to the Library Board’s involvement in future discussions regarding a new Dakota County Library in South St. Paul. 2. The South St. Paul Library Board concurs with the Dakota County Programming Study recommendation regarding the construction of a new library on the City-owned property at 7th and Marie Aves.

3. The South St. Paul Library Board support is contingent upon the County providing full funding of the base program (16,146 GSF) as proposed in the Dakota County Programming Study.

Adopted this 17th day of May, 2021.

______City Clerk Possible South St. Paul Library Programming Study Review

Jerome (Jay) Biedny, Capital Projects Manager Facilities Management, Dakota County

South St. Paul combined City Council and Library Board Meeting 10 May 2021 Outline

• Background of Programming Study • Study Focus • Study Process • Study Outcomes • Staff Recommendations • Request for Action • Questions Background

• City of South St. Paul (SSP) has run a library since the 1920’s • For decades the SSP Library has shared resources with Dakota County Library (DCL) • SSP suggested they could join DCL and offered: ➢ Option 1 - a new site at Marie and 7th Avenues ➢ Option 2 - redevelopment of the existing library site Study Focus

In late 2020, the DC Board authorized a Programming Study which would:

o Outline what could be built on the new site (Option 1) or the existing site (Option 2) given a County Project Budget limit of $6 million.

o Estimate the cost for upgrading the building and its systems to meet a “Net Zero” energy model. Study Process

• Selected Hagen Christensen & McIlwain’s (HCM) • Visited libraries and site in play • Design Team completed a full Facility Assessment • Visioning Workshop produced Goals • Met with Core Team including Facilities and City & County Library staff every other week • Produced Base Program Study Process Study Process

New spaces in Base Program, not in existing SSP library: • More collections space for Teens • Large Community Room at front entry • Secure vestibule with modern toilet rooms • Mix of smaller conference and meeting rooms • New public seating areas throughout the building • Quiet Reading Room & multifunction Program Space • Dedicated delivery and work rooms with book handler • Full sized mechanical, electrical and networking rooms Study Process

Existing SSP library spaces changed in Base Program: • Remove dedicated Book Sales area • Replace General Storage areas under the stairs • Reduce adult and children's collections with the addition of seating space.

All DC Library and workplace standards integrated into design Study Process Study Process Study Process Study Process Study Process Study Process

Place this BASE PROGRAM on two site:

Option 1 - Marie and 7th Avenues a. City Owned parcels b. School District site Option 2 - Existing SSP Library Study Process

City- Owned Site at 7th and Marie Avenues Study Process

School- Owned Site at 7th and Marie Avenues Study Process

Existing Library Site Study Process

Costs for Full Base Program

1B City Site at Marie $6,200,000 constrn $8,266,000 Project

1C School District Site $6,700,000 constrn $8,931,000 Project

2A Existing Site $8,600,000 constrn $11,463,000 Project Study Process

Using the full Base Program buildout cost models, the team next scaled each of the three layouts back to meet the Study’s $6 million Project Budget cap

The Outcomes of applying that $4.5 million construction limit follow Study Outcomes

Program at Reduced Scale (Fits $6M Budget)

1B City Site at Marie 10,200 net / 11,700 gr sf 1C School District site 9,500 net / 10,800 gr sf 2A Existing site 7,400 net / 8,500 gr sf . Existing SSP building is 10,270 net / 11,840 gr sf Base Program is 14,077 net / 16,146 gr sf Study Outcomes

City- Owned Site at 7th and Marie Avenues

$6 Million Study Outcomes

School- Owned Site at 7th and Marie Avenues

$6 Million Study Outcomes

Existing Library Site

$6 Million Study Outcomes Study Outcomes Study Outcomes

Program at Reduced Scale (Fits $6M Budget)

1B City Site at Marie 10,200 net / 11,700 gr sf 2A Existing site 7,400 net / 8,500 gr sf Existing SSP remodeling 10,270 net / 11,840 gr sf

Base Program is 14,077 net / 16,146 gr sf Study Outcomes Study Outcomes Study Outcomes Study Outcomes Study Outcomes Study Outcomes

• The largest library of all-new construction wound be built on Marie Ave on the City-owned parcel, because the School- owned parcel is burdened by the existing amphitheater and community pressures. • On the existing site, 65% of the construction budget is consumed by the restoration and remodeling of the existing 1927 building. So, very little is left for new construction. • A better alternative for the money spent on the existing site is a complete remodel of the 1927/1964 structure. Study Outcomes

A building is termed Net Zero when it produces all the energy the building consumes. To accomplish this the building must first consume relative little energy and contain equipment to produce energy. The existing site cannot practically meet Net Zero; the new site can at an addition cost of $1.1 million. Recommendations

• Remove School Site from further consideration

• If more funds are available, consider full Base Program being implemented at :

o New Site for $8.3 million (Option 1B) o Existing Site for $11.5 million (Option 2A) Recomendations

Base Program on City-Owned Site at 7th and Marie Avenues

$8.3 Million Recommendations

Base Program on Existing Library Site

$11.5 Million Recommendations

If $6 million remains the project limit, consider:

o 11,700 gsf new structure on new SSP City-owned site OR o 11,840 gsf total renovated 1927 bldg & 1964 addition

Understand that neither of these provide the Base Program, nor a Program that is fully consistent with County & City Needs. Recommendations

Site driven considerations:

o New Site ▪ Centrally located, Adjacencies, off street Parking

o Existing Site ▪ Preserves 1927 building, no off street public parking Recommendations

If alternate funding is sought for this building to be considered a Net Zero facility:

The Project Budget must be increased by $1,100,000 And Net Zero can only be implemented on the new site Request for Action

County Staff request that the City of South St. Paul and its Library Board coordinate a response to the Dakota County Board of Commissioners which includes: An express intent to join the DCL system One specific site (City-owned, School-owned, Existing) and One level of programming (Base Program or Reduced) • Questions? City Council Agenda Date: May 17, 2021 10-G Department: Legal Prepared By: Pete Mikhail, City Attorney Administrator: JRH

Agenda Item: Declaration and Resolution Extending Local Emergency

Action to be considered:

Adopt Resolution 2021-80 DECLARATION AND RESOLUTION EXTENDING DECLARATION OF EMERGENCY.

Overview:

The current success in battling the pandemic has led the Governor to sunset many of the pandemic-related public health regulations. Among other things, beginning on May 28, the Executive Order “strongly encouraging” remote meetings for government bodies will be rescinded. It appears we may finally terminate the local emergency when the Governor’s regulations are lifted. Therefore, the proposed resolution extends the declaration of emergency until May 28.

In-person meetings will resume for all meetings governed by the Open Meeting Law. I note that under the Open Meeting Law, if you so choose, members of the public may continue to attend/participate remotely using the technology we have all become familiar with this past year.

Though we are optimistic that progress will continue uninterrupted, I note that the Mayor does retain the power to declare a local emergency should the pandemic become resurgent. Likewise, the Mayor, the City Administrator, and the City Attorney retain the statutory authority to determine that in-person meetings are not practical or prudent because of a health pandemic if circumstances warrant.

City of South St. Paul Dakota County, Minnesota

RESOLUTION NO. 2021-80

DECLARATION AND RESOLUTION EXTENDING DECLARATION OF LOCAL EMERGENCY

WHEREAS, on March 16, 2020, pursuant to Minnesota Statutes § 12.29, the Mayor declared that a local emergency exists within the City of South St. Paul in response to the COVID-19 pandemic (“Declaration of Emergency”); and

WHEREAS, on March 16, 2020, by Resolution 2020-49, the City Council consented to the Mayor’s decision and authorized the extension of the Declaration of Emergency for a period of 8 weeks, unless terminated or extended by the City Council; and

WHEREAS, on May 4, 2020, by Resolution 2020-60, and through a series of resolutions thereafter, the Mayor and City Council have continuously resolved to extend the Declaration of Emergency, unless terminated or extended by the City Council; and

WHEREAS, on March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to authorize all necessary resources to be used in support of the COVID-19 response; and

WHEREAS, on April 30, 2020, Governor Walz issued Emergency Executive Order 20-48, extending the “stay at home” order through May 17, 2020, on the grounds that: (a) community spread of COVID- 19 continued to increase in Minnesota and nationwide; and (b) the continued presence of community spread in Minnesota and the rapid increase in COVID-19 cases and deaths required the state to continue measures to slow the spread of the pandemic; and

WHEREAS, on May 13, 2020, Governor Walz issued Emergency Executive Order 20-53, extending the Peacetime State of Emergency through June 12, 2020, on the grounds that the spread of COVID-19 continued in Minnesota and continued to place our most vulnerable residents at risk; and

WHEREAS, on June 12, July 13, August 12, September 11, October 12, November 12, 2020, December 14, January 13, 2021, February 12, 2021, March 15, 2021, and April 19, Governor Walz issued Emergency Executive Orders extending the Peacetime State of Emergency for 30-day increments; and

WHEREAS, on May 6, 2021, Governor Walz issued Executive Order 21-21, sunsetting the majority of the pandemic-related public health regulations effective 11:59 p.m. on May 27, 2021;

NOW, THEREFORE, the Mayor hereby declares and the City Council of South St. Paul, Minnesota, hereby resolves as follows:

1. The March 16, 2020 Declaration of Emergency as set forth in Resolution 2020-49 is hereby extended pursuant to Minnesota Statutes § 12.29, and shall continue until 11:59 p.m. on May 27, 2021, unless terminated or extended by the City Council pursuant to Minnesota Statutes, Section 12.29.

2. This extension of the Declaration of Emergency shall be given prompt and general publicity and be filed promptly by the City Clerk.

Declared this 17th day of May, 2021.

Mayor James Francis

Resolution adopted this 17th day of May, 2021.

______Christy Wilcox City Clerk