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HomeMy WebLinkAbout2019/03/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA MARCH 18, 2019 6:00 p.m. SPECIAL STUDY SESSION – Community room Discussion item 1. 6:00 p.m. Council norms discussion - continued 7:30 p.m. CITY COUNCIL MEETING – Council chambers 1.Call to order 1a. Pledge of allegiance 1b. Roll call 2. Presentations 2a. Human Rights Award presentation 2b. Recognition of donations 3.Approval of minutes 3a. Study session minutes of Feb. 11, 2019 3b. City council meeting minutes of Feb. 19, 2019 4.Approval of agenda and items on consent calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5.Boards and Commissions – None 6.Public hearings – None 7.Requests, petitions, and communications from the public – None 8.Resolutions, ordinances, motions and discussion items 8a. General obligation bonds, Series 2019A Recommended Action: Motion to adopt Resolution Awarding the Sale of General Obligation (G.O.) Bonds, Series 2019A. 8b. Equal Rights Amendment to the Minnesota Constitution Recommended Action: Motion to adopt Resolution in support of an Equal Rights Amendment to the Minnesota Constitution. 9. Communications – None Meeting of March 18, 2019 City council agenda Immediately following city council meeting SPECIAL STUDY SESSION Cont. – Community room Discussion item 2. Bridge loan to Sherman Associates for acquisition of former Vision Bank property Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the administration department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting of March 18, 2019 City council agenda Consent calendar 4a. Approve second reading and adopt Ordinance amending Sections 36-142 and 36-367 of the zoning ordinance pertaining to small wireless facilities and approve the summary ordinance for publication. 4b. Approve and authorize the mayor and city manager to sign an agreement with Three Rivers Park District for reimbursement to the city for lighting on the Beltline Cedar Lake LRT Regional Trail Bridge. 4c. Adopt Resolution approving acceptance of a $50 donation from Jan Boyer in memory of Joan Stenberg to be used for educational programing at Westwood Hills Nature Center, and $2,208 from Virginia Smereka for a memorial bench and other needs of Westwood Hills Nature Center in memory of Joan Stenberg and Bee Dickson. 4d. Adopt Resolution approving acceptance of a monetary donation from the Minnesota Society of Arboriculture in an amount not to exceed $2,700 for all related expenses for Jim Vaughan, Natural Resources Coordinator, to attend the 2019 International Society of Arboriculture Conference in Knoxville, Tennessee. 4e. Adopt Resolution authorizing the submission of a Department of Natural Resources (DNR) grant application in the amount of $100,000 to help with funding the construction of a nature based play area at Westwood Hills Nature Center. 4f. Adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3101 Georgia Avenue South, St. Louis Park, MN. P.I.D. 17-117-21-11-0141 4g. Adopt Resolution requesting comprehensive road and transit funding. 4h. Adopt Resolution authorizing St. Louis Park Lions Club’s request for placing temporary signs in the public right-of-way. 4i. Adopt Resolution to recognize Fleet Mechanic Rick Bahe for more than 33 years of service. 4j. Adopt Resolution authorizing condemnation of land for public purposes - Cedar Lake Road Reconstruction Project (4019-1100). St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for video on demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of city hall and on the text display on civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting: Special study session Meeting date: March 18, 2019 Discussion item: 1 Executive summary Title: Council norms discussion - continued Recommended action: Council to meet and continue discussion from January workshop on council norms, facilitated by Kay Adams, consultant. Policy consideration: Does council want to move ahead with the continued discussion on council norms focusing on the areas listed below? Summary: In January 2019, council participated in a two day workshop facilitated by Kay Adams, consultant. As part of the workshop, council discussed its norms. At this meeting, council was in consensus on the majority of the norms and agreed that the following should be scheduled for further discussion: • Media interactions/council member expressing point of view due to its complexity and gray area. • Being public with positions/opinions; when an issue is unresolved or when a council member voted against it. • Going out after meetings, is it still happening? • Give staff at least 5 hours to respond to questions. Kay Adams, consultant will assist council in continuing the discussion on the above norms. Attached is a copy of the norms and the minutes from the council workshop January 10-11, 2019. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Council norms Minutes from workshop January 10 – 11, 2019 Prepared by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Special study session meeting of March 18, 2019 (Item No. 1) Page 2 Title: Council norms discussion - continued Council Norms Norms: The rules of behavior that are part of the ideology of the St. Louis Park City Council. The norms are standards of behavior and performance that were developed and agreed upon by the city council, and followed by the council. City council meetings and study sessions •Let everyone speak. •No side-conversations. •Be respectful, open, and honest. •Agree to disagree. (When we disagree, we assume we are all working hard for what we think is best for the community.) •Always assume the best of intentions from each councilmember. •Don’t personalize. •Don’t criticize staff in public; privately inform city manager of your concerns. •Once the vote is taken, we all work to “make it work.” •Remember, we represent the office, we are not the office. •Make sure to provide staff sufficient time in advance of a meeting to answer questions you might have. •Study sessions are primarily intended to allow for in-depth conversations between councilmembers and staff on items that are on the agenda. Mayor •Does not make motions. •Will help us focus on Carver Governance. •Will nudge us when we need nudging. Mayor and Council Members •We “go out” after meetings to connect and socialize; no business is discussed. (Attendance is optional.) •If at-large council members or the mayor get a call about a city issue, the ward council member should be informed about the call. •If an at-large council member or mayor goes to a ward meeting, let the ward council member know in advance. •If all council receives an email, typically it will be the ward council member that will handle the reply, (unless it is forwarded to the city manager to respond.) •When the Council is contacted by a constituent with a service request or complaint they should try to work through the city manager so that the constituent doesn’t have to go back and forth between the council member and staff. •At-large council members fill in for ward council members at meetings upon request. •National Night Out does not apply to the mayor or an at large council member having to inform the ward councilmember of the visits they plan to make. We all go. The same is true with public gatherings and elections. •The position of a ward councilmember on a topic in their ward will be given consideration by the rest of the council. Special study session meeting of March 18, 2019 (Item No. 1) Page 3 Title: Council norms discussion - continued •If there is a motion to be made about something specific to a ward, the ward council member shares their perspectives and typically makes the motion. •Pay attention to requests from the media. Inform the city manager, who will assist with the response and communicate with the mayor and council as needed. •Talk directly to the other member of the Council when there is a problem. •If the mayor or a councilmember desires to take a personal public position on a city related matter, it should be voiced at a study session or city council meeting and not through other means such as the media, social media etc. City Manager •Let the city manager know ahead of time if we want something pulled off of the consent agenda. The city manager will then inform the rest of the council. •Let the city manager know if you are unable to attend a meeting. •Copy city manager on dealings with staff. •Go to city manager for “big bowl” questions. January 2019 workshop comments Council discussed and were in consensus on the majority of the norms and agreed that the following should be scheduled for further discussion: §Media interactions/council member expressing point of view due to its complexity and gray area. §Being public with positions/opinions; when an issue is unresolved or when a council member voted against it. §Going out after meetings, is it still happening? §Give staff at least 5 hours to respond to questions Official minutes City council workshop session St. Louis Park, Minnesota January 10-11, 2019 January 10, 2019: The workshop was called to order at 4:10 p.m. Councilmembers present: Mayor Jake Spano, Councilmembers Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, Thom Miller and Margaret Rog Staff present: City Manager (Tom Harmening), Deputy City Manager (Nancy Deno), Racial Equity Manager (Alicia Sojourner), Management Assistant (Maria Carrillo Perez), Facilitator (Kay Adam), independent consultant, co-facilitator (Mahad Ibrahim PhD), facilitation assistant (Moe Saif). City council participated in a workshop and discussed the following items: Overview of carver governance – discussion o Council would like to check in on carver governance mid-year Unpacking outputs from SWOT session Intercultural Conflict Style Inventory Conversation on norms o Council discussed and were in consensus on the majority of the norms and agreed that the following should be scheduled for further discussion: Media interactions/council member expressing point of view due to its complexity and gray area. Being public with positions/opinions; when an issue is unresolved or when a council member voted against it. Going out after meetings, is it still happening? Give staff at least 5 hours to respond to questions Adjourned at 9 p.m. January 11, 2019: The workshop was called to order at 8:30 a.m. Councilmembers present: Mayor Jake Spano, Councilmembers Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, Thom Miller and Margaret Rog Staff present: City Manager (Tom Harmening), Deputy City Manager (Nancy Deno), Racial Equity Manager (Alicia Sojourner), Management Assistant (Maria Carrillo Perez), Director of Community Development (Karen Barton), Director of Engineering (Debra Heiser), Director of Operations and Recreation (Cindy Walsh), Director of Inspections (Brian Hoffman), Chief Information Officer (Clint Pires), Police Chief (Mike Harcey), Fire Chief (Steve Koering), Communications and Marketing Manager (Jacque Smith), Chief Financial Officer (Tim Simon), Facilitator (Kay Adam), independent consultant assisted by (Mohad and Moe). City council continued the workshop with the following focus: Systems thinking o Interactive activity o Small group discussion focused on unpacking systems thinking DocuSign Envelope ID: 2269EC71-7C8B-4DF2-BBEF-F6FD2B4D836B Special study session meeting of March 18, 2019 (Item No. 1) Title: Council norms discussion - continued Page 4 City council workshop session -2- January 10-11, 2019 4 Habits – with ideas, outcomes and measures for accountability Small group work on ideas for the 4 habits o Habit 1: Systems thinkers consider and issue fully and resist the urge to come to a quick conclusion. They take the time they need to fully understand the dynamics of a system/issue before taking action. Group: Jake Spano, Thom Miller, Cindy Walsh, Alicia Sojourner, Clint Pires Idea: Study sessions need to stay at the big bowl level, focused on ends not means. o Habit 2: Systems thinkers consider the short-term and unintended consequences of actions. They look ahead and anticipate not only the immediate results but also the effects of actions taken today down the road. Idea: This group was not able to complete their work and plan to meet again and report back. Group: Margaret Rogg, Steve Hallfin, Maria Carrillo Perez, Steve Koering, Debra Heiser o Habit 3: Systems thinkers change their perspectives to increase understanding. They actively search for different points of view and are able to change their minds as they learn about new perspectives. Group: Tim Brausen, Anne Mavity, Karen Barton, Nancy Deno, Mike Harcey. Idea: Council study session meeting in the community o Habit 4: Systems thinkers make meaningful connections within and between systems. They actively explore how relationships among pieces of a system affect their understanding of the whole. Group: Rachel Harris, Tom Harmening, Brian Hoffman, Tim Simon, Jacque Smith Idea: Right sizing public process and engagement Action steps moving forward: o Habit 2 group to finish their work. o Provide details of the 4 habits actions to council as we move ahead. o Schedule time for continued discussion on the 4 areas of council norms as listed from Thursday. o Mid-year check in on carver governance and habits/workshop activities. 4 p.m. Adjourn Melissa Kennedy, City Clerk Jake Spano, Mayor DocuSign Envelope ID: 2269EC71-7C8B-4DF2-BBEF-F6FD2B4D836B Special study session meeting of March 18, 2019 (Item No. 1) Title: Council norms discussion - continued Page 5 Meeting: City council Meeting date: March 18, 2019 Presentation: 2a Executive summary Title: 2018 Human Rights Award Presentation Recommended action: No formal action is requested. The city council is asked to join the Human Rights Commission in recognizing Sagal Abdirahman and Nadia Mohamed for the 2018 Human Rights Award. Policy consideration: None at this time. Summary: The Human Rights Award recognizes individuals, groups, organizations or businesses that have made an outstanding contribution toward increasing understanding and cooperation between people of different backgrounds in St. Louis Park. The St. Louis Park Human Rights Commission would like to recognize Sagal Abdirahman and Nadia Mohamed for the 2018 Human Rights Award. Sagal and Nadia have been very active in the St. Louis Park Community and even the surrounding communities helping improve understanding of the Muslim culture and connect people. They have done this through a variety of events and classes offered to community members to encourage conversations and relationship building. Some of the 2018 highlights of their community work has been leading an educational presentation at two community Iftar Dinners (St. Louis Park and Crystal) during Ramadan, taught two St. Louis Park Community Education World Hijab class and First Generation Somali Muslim Experience, hosted Sweet Potato Comfort Pie event that brought awareness about our Somali community mourning the bombing in Mogadishu. They both currently participate on the St. Louis Park Police Department’s Multicultural Advisory Committee, and also volunteers at St. Louis Park High School’s High Achievement Program (HAP). They were nominated for this award due to their continuous dedication, leadership ability to connect and communicate across cultures and always finding new ways to bridge the community. The St. Louis Park Human Rights Commission is honored to recognize Sagal Abdirahman and Nadia Mohamed for the 2018 Human Rights Award. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Alicia Sojourner, Racial Equity Manager Reviewed by: Nancy Deno, HR Director/Deputy City Manager Approved by: Tom Harmening, City Manager Meeting: City council Meeting date: March 18, 2019 Presentation: 2b Executive summary Title: Recognition of donations Recommended action: Mayor to announce and express thanks and appreciation for the following donations being accepted at the meeting and listed on the consent agenda: From Donation For Jan Boyer $50 Educational programing at Westwood Hills Nature Center in memory of Joan Stenberg Virginia Smereka $2, 208 A memorial bench and other needs of Westwood Hills Nature Center in memory of Joan Stenberg and Bee Dickson Minnesota Society of Arboriculture Up to $2,700 Expenses for Natural Resources Coordinator Jim Vaughan to attend the 2019 International Society of Arboriculture Conference in Knoxville, Tennessee Strategic priority consideration: Not applicable. Supporting documents: None Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Meeting: City council Meeting date: March 18, 2019 Minutes: 3a Unofficial minutes City council study session St. Louis Park, Minnesota February 11, 2019 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, Thom Miller, and Margaret Rog. Staff present: City Manager (Mr. Harmening), CFO (Mr. Simon), Deputy City Manager/Human Resources Director (Ms. Deno), Finance Manager (Mr. Ebensteiner), City Clerk (Ms. Kennedy), Elections Specialist (Mr. Stokka), Elections Specialist – Outreach and Education (Mr. Sund), Community Organizer (Mr. Grey), Management Assistant (Ms. Carrillo Perez), and Recording Secretary (Ms. Pappas). Guest: Martha Ingram and Stacy Kvilvang, Ehlers. 1. Future study session agenda planning – February/March, 2019 Mr. Harmening presented the proposed study session agenda for February/March, 2019. Mayor Spano noted he will be in Washington, DC for the National League of Cities Conference on March 11, so will not be at the meeting, adding that several topics may need to be moved to a different meeting, due to his absence. Councilmember Rog mentioned she would like to discuss the topic of NOAH housing being threatened on 25th street, by developers asking for TIF, variances, and PUD. She has concerns in this area that affordable housing will be lost to the 50 or so people currently living in these units. Councilmember Miller added he is interested in looking at 1 for 1 replacement, if affordable units are lost to new development. Councilmember Hallfin agreed this is reasonable, however, added he does not think the council needs to spend more time on this because the concerns are being addressed within the policies of the city already. Councilmember Mavity stated the city needs a clear strategy on affordable housing. Mayor Spano stated he is comfortable having this conversation at a future study session, rather than a specific discussion on a policy. He suggested the discussion be centered on the goal of not losing NOAH properties. Councilmember Miller stated there may be a gap in the city’s redevelopment policy, and he would be interested in discussing this. City council meeting of March 18, 2019 (Item No. 3a) Page 2 Title: Study session meeting minutes of Feb. 11, 2019 Mayor Spano asked Mr. Harmening to have the city attorney review the legalities on this issue and bring the topic back for council discussion at a future study session. 2. 2019 bonding review and financial modeling update Ms. Kvilvang and Ms. Ingram, from Ehlers, presented. Ms. Kvilvang discussed, in detail, the 2019 general obligation (G.O.) bond issuance. She stated while the estimates are only preliminary, the G.O. bond issue is anticipated to happen in March 2019, since the projects are either approved or are expected to be approved in the near future. Ms. Kvilvang noted the G.O. bond issue will include the following projects: Westwood Hills Nature Center, SWLRT construction and fiber, Connect the Park, and Cedar Lake Road. She noted that total estimated G.O. bond issue for 2019 is $22.2 million. This total will be adjusted when final bids and pricing are available. She added the bonds will be issued as either G.O. Charter bonds or G.O. Tax Abatement bonds. Mr. Harmening pointed out the bonds are used as a way to lessen the impact of taxes on homeowners of median valued homes, and even out the debt levy rather than allowing it to spike. He added staff is proposing to use revenues that the city has on hand, due to finishing the year in the black, so not as to levy as much for the projects in 2020. Ms. Kvilvang noted the calendar of next steps in the process, which will need to be agreed to by the council: • February 19 – the council calls for sale of bonds. • March 4 – public hearing on tax abatement portion of bonds. • March 18 – city council awards sale of bonds. • Early April – closing on bonds and city receives funds. Mayor Spano noted there must be 6 affirmative votes at the city council meeting in order to move this process forward, related to the charter bonds. Councilmember Miller stated he cannot support the tax abatement bonds because he is not in full support of the Nature Center, and has concerns that the council is using abatement bonds instead of the charter bonds. Ms. Ingram, bond attorney for the city, pointed out, however, that the city charter does provide the council authority to approve the abatement bonds as presented by staff. Councilmember Miller added it is the spirit of our charter that he takes issue within this instance. Councilmember Brausen pointed out the project contracts have been signed and the city has committed to building the new nature center, so in order to finance this project, the abatement bonds are necessary and a good plan to help spread out the taxes over time. City council meeting of March 18, 2019 (Item No. 3a) Page 3 Title: Study session meeting minutes of Feb. 11, 2019 Councilmember Mavity agreed stating the council approved the project and told staff to make it so, and staff figured out a way to do this. Councilmember Hallfin added once the council passes something, it is approved and must be paid for in some fashion. He stated he understands Councilmember Miller is not in favor of the nature center, but added it must be paid for one way or another. Mayor Spano stated he understands and respects that both Councilmembers Rog and Miller do not support the project, but added the financing must still be agreed to. Councilmember Rog stated in her view, the merits of the project and financing are not independent of each other and are both linked. Mayor Spano pointed out that how the project is financed is the council’s decision, and the project was approved by the majority, and now must be paid for. It was the consensus of the council that staff move ahead with the proposed schedule noted above. Mr. Simon presented the financial model for long-term planning. He pointed out levy impacts in the future, noting that all figures are estimates at this point. Councilmember Rog asked about using the tool related to the range of home values in 2020. Councilmember Brausen pointed out this can be used in a future community center discussion to look at impacts. Councilmember Rog noted this will also be helpful in looking at ways to fund projects through partnerships, as well as bonds and tax levy. Mr. Simon agreed that this can be put into the model as well, in order for the council to see impacts. Councilmember Miller stated this helps also with looking at projections over time, especially with the Climate Action Plan, which will be very costly. Mr. Harmening noted the 2020 budget process will begin earlier this year, in order for council to discuss the property tax levy. He noted the modeling tool will be used during that discussion. Mr. Grey was introduced at this time as the city’s new community organizer. He will be helping residents connect and do community outreach. Mr. Grey stated he will be meeting one-on-one with the councilmembers. The council welcomed him to St. Louis Park. 3. Elections outreach and education plan Ms. Kennedy, Mr. Stokka, and Mr. Sund presented. Ms. Kennedy explained ranked-choice voting is a significant change to the voting method used in St. Louis Park and provides an opportunity to develop programs to educate and engage the City council meeting of March 18, 2019 (Item No. 3a) Page 4 Title: Study session meeting minutes of Feb. 11, 2019 community around all aspects of the elections. She explained the goal will be to bridge the gap between the services the city provides and the information people need to feel engaged in those services. She reviewed the elections forecast for the next 3 cycles, noting that the need for community engagement and education will not end with ranked-choice voting. She stated the 2020 cycle will be very busy with the addition of the Presidential Primary in March and the traditional primary and general elections in August and November. In 2021 the city will go through a redistricting process using the data collected in the 2020 census and including the community in that process will be valuable in terms of looking at our current precincts and some changes that may be needed to provide better service to voters. Mr. Sund reviewed historical voter data and discussed voting habits in St. Louis Park. He stated the good news is voters in St. Louis Park already participate in elections at a relatively high rate. He noted that there is still room for improvement, particularly in underserved populations and municipal elections when overall engagement drops off. He stated with the upcoming changes in 2019 and beyond, staff wants to focus outreach and education efforts in areas that will be most impactful to the community from the beginning. Ms. Kennedy added they are using a targeted and thoughtful approach, but the materials are going to be adapted for the each specific audience based on their needs. Mr. Sund discussed the existing civic literacy gap that outreach and education programs can address for a wide range of voters, including those who have never voted, those who vote occasionally, and those who are avid voters and participate in every election. Mr. Stokka explained three mock elections are planned in 2019 to address needs specifically related to ranked-choice voting. He stated each mock election is designed to serve a specific purpose. The first mock election will be held April 24 at the high school and will only be open to students – not the public. The purpose of the first mock election is to test ballot designs, precinct signage, and internal administrative procedures related to testing of equipment and counting. The second mock election will be held on June 15 in conjunction with Parktacular. This will be open to anyone who wants to participate and will focus on increasing awareness regarding ranked-choice, and testing early voting simulations and administrative procedures. A city-wide mock election will be held in September on a date to be determined. This will be open to anyone who wants to participate and will be heavily advertised as an opportunity for people to come learn about and practice voting on a ranked-choice ballot. He explained all results from the mock elections will be available to the community in a variety of ways so people get used to how they can find results in November. He added staff is also working on developing election toolkits for different groups (candidates, students, new residents, new voters), and Election Ambassador Program, a Student Election Program, and a Civics and Elections 101 course that will be offered in the spring through Community Education. He presented an interactive board game staff developed to help groups learn about and understand how a ranked-choice election is counted, and noted that staff has also developed educational curriculums that can be tailored to presentations for different groups in the community. He stated every month there will be information going out to the community about elections and ranked-choice voting through written materials, mailed materials, social media blasts, videos, and interactive presentations. He asked council to spread the word and help encourage people to sign up for regular elections updates through GovDelivery. City council meeting of March 18, 2019 (Item No. 3a) Page 5 Title: Study session meeting minutes of Feb. 11, 2019 Ms. Kennedy noted that many of the materials being produced will be available in multiple languages that are spoken in St. Louis Park including: English, Spanish, Russian, Somali, and Hebrew. Mr. Sund presented the redesigned elections section on the city website, noting the specific outreach sections where people can request materials or invite staff to come to a meeting or event. He stated a story map would also be available in the next month to direct residents to meetings and events related to election education. Councilmember Rog asked if there will be any opportunity to talk about the upcoming census. Mr. Sund answered yes, and there will be much community engagement around that as well. He stated staff has met with community development to explore opportunities for collaboration. Councilmember Harris asked how soon they plan to begin speaking to residents about the elections. Mr. Sund stated they have already started talking to organizations in the city, including boards and commissions, faith communities, youth sports organizations, friends of the arts, St. Louis Park rotary, League of Women Voters, and Discover St. Louis Park. He noted this process is ongoing and reiterated the intention is to build relationships and make connections in the community to spread the message and hopefully increase engagement with elections organically. He added the council is welcome to provide suggestions or ideas for groups that may be interested in connecting. Councilmember Rog asked about software programs related to tabulation of results. Ms. Kennedy stated this is not an option for 2019, noting that the software itself is very costly and the council would have to evaluate the need against the cost if this was something they wanted to pursue in the future. She noted the city has asked to partner with Hennepin County and the City of Minneapolis on any future considerations to purchase tabulation software from the equipment vendor. Communications/Meeting Check-In (Verbal) Councilmember Brausen asked about the written report on zoning, noting the planning commission has voted not to pursue this. Councilmember Mavity stated the council should have a conversation with the planning commission on this topic. Mayor Spano stated this must be discussed before anything would be voted on by the council. Councilmembers Mavity and Brausen agreed. Councilmember Harris noted the Texatonka small area plan and stated if councilmembers know of residents in the area that might want to participate in focus groups related to the project, to please let her know. She added this would be persons living in the Oak Hill, Texatonka, Cobble Crest, and Aquila neighborhoods. The meeting adjourned at 9:40 p.m. City council meeting of March 18, 2019 (Item No. 3a) Page 6 Title: Study session meeting minutes of Feb. 11, 2019 Written Reports provided and documented for recording purposes only: 4. Annual open to business program update 5. Proposed allocation of 2019 community development block grant (CDBG) funds 6. Zoning regulations for ground floor transparency requirements 7. Historic Walker Lake small area plan 8. TexaTonka reinvestment and small area plan 9. Council workshop follow-up ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City council Meeting date: March 18, 2019 Minutes: 3b Unofficial minutes City council meeting St. Louis Park, Minnesota February 19, 2019 1. Call to Order Mayor Spano called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, and Margaret Rog. Councilmembers absent: Thom Miller Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), CFO (Mr. Simon), Housing Programs Coordinator (Ms. Olson), Management Assistant (Ms. Carrillo Perez), and Recording Secretary (Ms. Pappas). Guests: Stacy Kvilvang and Martha Ingram, Ehlers. 1a. Pledge of allegiance 1b. Roll call 2. Presentations – None 3. Approval of minutes 3a. City council minutes of December 17, 2018 Councilmember Brausen noted he submitted changes to page 9 and they will be incorporated into the Dec. 17, 2019 minutes by staff. It was moved by Councilmember Hallfin, seconded by Councilmember Brausen, to approve the Dec. 17, 2019 city council meeting minutes as revised. The motion passed 6-0 (Councilmember Miller absent). 3b. City council meeting minutes of January 7, 2019 Councilmember Harris noted a correction on page 5 in the last paragraph which should read: Councilmember Harris asked for visuals on a map. She requested staff develop a light-shed map, much like we use walk sheds and watersheds to make land use decisions. This will help illuminate the impacts of the suggested changes in policy. It was moved by Councilmember Brausen seconded by Councilmember Harris to approve the Jan. 7, 2019 city council meeting minutes as revised. City council meeting of March 18, 2019 (Item No. 3b) Page 2 Title: City council meeting minutes of Feb. 19, 2019 The motion passed 6-0 (Councilmember Miller absent). 3c. City council study session minutes of January 14, 2019 It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the Jan. 14, 2019 study session meeting minutes as presented. The motion passed 6-0 (Councilmember Miller absent). 3d. City council meeting minutes of January 22, 2019 It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the Jan. 22, 2019 city council meeting minutes as presented. The motion passed 6-0 (Councilmember Miller absent). 4. Approval of agenda and items on consent calendar 4a. Approve out-of-state travel of Mayor Jake Spano and Councilmember Rachel Harris to attend the National League of Cities (NLC) Congressional City Conference in Washington, DC on March 9 – 13, 2019. 4b. Approve an agreement between the City of St. Louis Park and Loffler Companies, Inc. for 5-year managed printer / copier / scanner / fax (document) services. 4c. Adopt Resolution No. 19-022 approving renewal of liquor licenses for the license term March 1, 2019 through March 1, 2020. 4d. Adopt Resolution No. 19-023 in support of application for MnDOT local road improvement program funding for the Louisiana Avenue Bridge and Road Reconstruction project (4018-1700) phase 1. 4e. Designate Cempour LLC the lowest responsible bidder, and authorize execution of a contract with the firm in the amount of $193,500.00 for concrete replacement – Project No. 4019-0003. It was moved by Councilmember Harris, seconded by Councilmember Brausen, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Miller absent). 5. Boards and commissions 5a. Appointment of youth representative to boards and commissions It was moved by Councilmember Harris, seconded by Councilmember Brausen, to appoint Yonah Davis to the Telecommunications Advisory Commission as youth member for the term ending Aug. 31, 2019. The motion passed 6-0 (Councilmember Miller absent). City council meeting of March 18, 2019 (Item No. 3b) Page 3 Title: City council meeting minutes of Feb. 19, 2019 6. Public hearings 6a. Public hearing to consider allocation of 2019 Community Development Block Grant (CDBG) funds. Resolution No. 19-024. Ms. Olson presented the staff report. She noted each year the city decides how to use its annual allocation of CDBG funds. The funds are distributed through Hennepin County by Housing and Urban Development, and the city must submit its proposed use of the allocation to Hennepin County by Feb. 28, 2019. Prior to submittal, a public hearing is required. Ms. Olson stated the city’s estimated direct allocation is $155,550. Councilmember Brausen asked where citizens can get further information. Ms. Olson stated they can contact her at city hall, adding the funds are administered by Hennepin County. Councilmember Harris asked how the funds are allocated and how many people are served in St. Louis Park. Ms. Olson stated the maximum amount of an individual loan is $30,000, and this could serve 5 or more households depending on the size of loan. Councilmember Harris asked for examples of projects where funds are used. Ms. Olson stated the funds are used for repair and maintenance needs, only necessary repairs such as new windows, siding, roof, bathroom, or kitchen repairs. She added they are not available to use for cosmetic upgrades. Councilmember Brausen asked if this is the total amount available for funding in St. Louis Park, or is there more funding available. Ms. Olson stated the dollar amount from CDBG is for St. Louis Park residents, adding there are also state programs where funding is available for lower income residents. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Mayor Spano thanked staff and Ms. Olson for their work on this program which has a direct impact on the community. It was moved by Councilmember Rog, seconded by Councilmember Harris, to adopt Resolution No. 19-024, approving proposed use of 2019 Urban Hennepin County Community Development Block Grant (CDBG) funds and authorize execution of sub- recipient agreement with Hennepin County and third-party agreements. The motion passed 6-0 (Councilmember Miller absent). 7. Requests, petitions, and communications from the public – None. City council meeting of March 18, 2019 (Item No. 3b) Page 4 Title: City council meeting minutes of Feb. 19, 2019 8. Resolutions, ordinances, motions and discussion items 8a. Series 2019A General Obligation Bonds. Resolution No. 19-025. Resolution No. 19-026. Mr. Simon presented the staff report. He referenced the staff report asking if the council desires to issue general obligation charter bonds in the amount of $9,330,000 for sidewalk and trails project, SWLRT, fiber, and the Cedar Lake Road projects. He also noted general obligation abatement bonds in the amount of $12,890,000 to finance all of the Westwood Hills Nature Center project, of which bids were approved on Nov. 19, 2018. Mr. Simon reviewed the schedule with council which is as follows: • March 4 – public hearing on tax abatement portion of the bonds • March 18 – city council awards sale of bonds • April – closing on bonds and city receives funds Mr. Harmening informed the council that Councilmember Miller was not available to be at the meeting this evening. However, Councilmember Miller had asked if the council could be flexible with the proposed schedule so he could speak to the issue of G.O. Abatement bonds, and if the March 18 meeting could be moved to April 1. Mr. Harmening added the cost implications of this change to the schedule would be immaterial, and would not be an issue. Councilmember Brausen stated this request seems reasonable. Councilmember Rog stated she has already expressed her support of Councilmember Miller’s request in an email, adding it seems fair to push the dates out so Councilmember Miller will have a chance to make comments. Councilmember Mavity disagreed, stating all the councilmembers have varying opinions about this issue. She added she does not think there will be any changes on outcomes and changing the schedule will slow down the work that needs to be done. Councilmember Hallfin stated the schedule should remain as staff has laid out, adding that many councilmembers, including himself, have missed meetings and votes in the past. He stated all councilmembers have had plenty of time to address this topic and he prefers to move forward with the schedule staff has presented. Councilmember Harris stated that while she is in favor of giving everyone time to voice their concerns on this topic, it will not change the outcome of funding. She stated it is important to continue on with the schedule as staff has presented. Mayor Spano stated he wants to facilitate everyone weighing in on projects. He added out of respect for Councilmember Miller’s request, he will hold off on supporting the schedule presented by staff. City council meeting of March 18, 2019 (Item No. 3b) Page 5 Title: City council meeting minutes of Feb. 19, 2019 Councilmember Brausen pointed out the city is obligated to have the hearing on March 4, 2019 as public notice has already been distributed. He urged all to abide with the proposed schedule as is consistent with the city’s practice. It was moved by Councilmember Brausen, seconded by Councilmember Harris, to adopt Resolution No. 19-025, providing for the sale of general obligation charter bonds in the amount of approximately $9,330,000. The motion passed 6-0 (Councilmember Miller absent). It was moved by Councilmember Harris, seconded by Councilmember Mavity, to adopt Resolution No. 19-026, calling a public hearing on a proposed property tax abatement for the purpose of financing the Westwood Hills Nature Center project. The motion passed 4-2 (Councilmember Rog and Mayor Spano opposed, Councilmember Miller absent). 9. Communications Councilmember Hallfin stated Thurs., Feb. 28, is the Empty Bowls event, which is STEP’s largest fundraiser of the year. He asked everyone to please support this worthy cause, enjoy some soup, and the entertainment. Councilmember Brausen noted the Children First Banquet will be held on March 7. Councilmember Harris stated the Lenox Neighborhood Alley Repaving meeting will be held on Thurs., Feb. 21, from 6-7 p.m. in community room. Councilmember Rog noted on March 21, there will be an event on food insecurity with STEP and a panel from 6:30-8:30 p.m. at the Lenox Community Center. Councilmember Brausen stated on Thursday, Feb. 21 at 5:30 p.m. the 3rd open house regarding the upcoming Cedar Lake Road project will be held. He encouraged folks to attend to have their questions answered. Mr. Harmening encouraged anyone interested in serving on a city board or commission to complete an application. He added the city is accepting applications until Feb. 28, and further information is available on the city’s website. Mayor Spano reminded folks of the city’s snow emergency policies in effect when there is three or more inches of snow on the ground. He also thanked city snow plow drivers for all their work during February, which is now the snowiest month on record in Minnesota. 10. Adjournment The meeting adjourned at 8:25 p.m. ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4a Executive summary Title: 2nd reading of ordinance - Zoning text amendment for small wireless facilities Recommended action: Motion to approve second reading and adopt Ordinance amending Sections 36-142 and 36-367 of the zoning ordinance pertaining to small wireless facilities and approve the summary ordinance for publication. Policy consideration: Does the city council wish to establish land use controls on small wireless facilities located on private or government owned property? Summary: The amendment establishes regulations for small wireless facilities intended to protect the health, safety, and wellbeing of the city, and creates design and location requirements for the facilities. The amendment proposes to adopt standards for private and government owned property that: 1. Clarifies existing regulations. 2. Removes references in Chapter 36 regarding communication towers and antennas that are located in public right-of-way. Those regulations will be moved to Chapter 24 which regulates streets, sidewalks and public spaces. 3. Establishes safety and design criteria that are consistent with current technology and the design criteria proposed in the amendment to Chapter 24. In conjunction with the amendment, the Engineering Department will post on the city website aesthetic criteria and specifications to be met by vendors wishing to place a small wireless facility in public right of way. The Federal Communications Commission (FCC) and the State of Minnesota passed laws and rulings restricting municipalities’ ability to apply standard land use controls on small wireless facilities. The FCC, however, included an April 15, 2019 deadline for municipalities to post aesthetic requirements for them. It is the city’s intent to complete both the amendment and post the specifications on the city website before the deadline expires. The planning commission held a public hearing on the amendment on Feb. 20, 2019, and is recommending approval. Council held a first reading of the Ordinance on March 4, 2019 and voted 5 to 0 to approve the amendment. Financial or budget considerations: No considerations. Strategic priority consideration: Not applicable. Supporting documents: Ordinance, Ordinance summary for publication Prepared by: Jacquelyn Kramer, Associate Planner Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4a) Page 2 Title: 2nd reading of ordinance - Zoning text amendment for small wireless facilities Ordinance No. ___-19 Ordinance regarding small wireless facilities The City of St. Louis Park does ordain: Section 1. Chapter 36 of the St. Louis Park City Code is hereby amended by adding underscored text and deleting strikethrough text. Section breaks are represented by ***. Sec. 36.142. Descriptions. *** (c) Institutional uses. The following are typical of the institutional uses referred to in this chapter. (1) Antenna means any free-standing structure or device attached to a building, pole, tower, utility structure, or similar structure used for the purpose of collecting or transmitting electromagnetic waves through the air, including but not limited to small wireless facilities, wireless facilities, wireless telecommunication facilities, directional antennas, such as panels, microwaves dishes, and satellite dishes, and omni- directional antennas, such as whip antennas, except for Building-Mounted antennas for private use on the premises where it is located, such as amateur radio antennas, and antennas receiving television or radio signals. (2) Communication tower means a free-standing structure which the primary purpose of which is to support one or more antennae and includes accessory uses directly related to the tower, such as utility buildings. Communication tower includes wireless support structure. *** (16) Micro wireless facility. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. (17) Small wireless facility. a. a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and (ii) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications City council meeting of March 18, 2019 (Item No. 4a) Page 3 Title: 2nd reading of ordinance - Zoning text amendment for small wireless facilities demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or b. a micro wireless facility. (18) Wireless facility. Equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (1) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (1) wireless support structures, (2) wireline backhaul facilities, or (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. (19) Wireless service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6). (20) Wireless support structure. A new or existing structure designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. (21) Wireless telecommunication facility. Equipment used to provide wireless telecommunication or data services, including all antennas, radios, support devices, equipment including ground equipment, associated cables, and attachments. *** Article V. Special Provisions *** Sec. 36-367. Communication towers and antennas. *** (c) Communication Tower and Antenna Design Requirements. Communication towers and antennas proposed or modified anywhere in the city shall meet the following design requirements: (1) Communication towers up to 120 feet in height shall be of a monopole type. City council meeting of March 18, 2019 (Item No. 4a) Page 4 Title: 2nd reading of ordinance - Zoning text amendment for small wireless facilities (2) The city may impose reasonable requirements to preserve the design, appearance or intended purpose of a structure when collocation is proposed. (3) Antenna designs and mounts shall be designed to minimize visual impact. (4) All small wireless facilities and their support structures must use the same color and/or finish as the pole they are mounted to. (5) Antenna must be mounted within two (2) inches of the support pole. (6) With the exception of the antenna, all components of the small wireless facilities, including wires and conduit must be located inside the building, structure, or pole it is attached to, and inside the, mounting bracket used to attach the antenna to the building, structure or pole it is attached to. Wires and conduit must also be placed underground when applicable. Components of the antenna may be screened from off- site views when located on the roof of a building. (7) Communication towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state law or regulation that preempts local regulations. Wireless facilities and lighting may collocate if the lighting is intended for pedestrian or traffic safety or to illuminate parking lots or recreational fields. (8) All small wireless facilities and support facilities must comply with city’s noise regulations. (9) Back-up battery facilities that generate noise are prohibited. (10) Small wireless facilities shall not obstruct city street and wayfinding signage. (11) The use of any portion of a communication tower for displaying flags or signs other than warning or equipment information signs is prohibited. (12) No stickers, signs, or decals are allowed to be visible on small wireless facilities. The exception to this rule are safety alerts required by law. These must be placed on the back or underside of facilities. (13) Ground equipment associated with a communication tower or antenna shall be housed in a building. The building shall meet the architectural design standards of the Zoning Ordinance, and shall meet the minimum communication tower setback requirements of the underlying zoning district. This provision shall not apply to small wireless facilities. (14) Wireless facilities and wireless support structures shall maintain at least eight feet of clearance from other poles, furniture, landscaping, art and other obstructions. (15) All small wireless facilities must be mounted so that there is a vertical clearance of at least twelve (12) feet between the facility and the grade at the base of the structure. City council meeting of March 18, 2019 (Item No. 4a) Page 5 Title: 2nd reading of ordinance - Zoning text amendment for small wireless facilities (16) Every communication tower or free-standing antenna shall be protected to discourage climbing of the tower or antenna by unauthorized persons. (17) No small wireless facility may extend more than ten (10) feet above its wireless support structure. (d) Free-Standing Antennas. Any antenna that is a separate structure and not attached to a building shall comply with all height and other requirements of this Chapter relating to Towers. (ce) Co-Location Requirements. (1) A proposal for a new communication tower or antenna shall not be approved unless the applicant shows that the antenna cannot be reasonably accommodated on an existing pole, structure, communication tower or building. (2) The owner of any communication tower exceeding 50 feet in height constructed after the effective date of this Ordinance shall permit the reasonable joint use of the structure for other antennas. (f) Building-Mounted Antennas. (1) Antennas attached to a building shall be no higher than 10 feet above the highest point of the building. (2) All building-mounted equipment shall be consistent with the architectural features of the building and be painted to match the color of the building exterior, roof or sky, whichever most effectively screens the equipment, as determined by the Zoning Administrator. (d) Communication Tower Setbacks. (1) Monopoles shall be setback at least 10 feet from all lot lines. Communication towers of all other construction types shall be setback a distance equal to 1.5 times their engineered collapse radius or a distance equal to their height, whichever is less. (2) All communication towers shall be located a minimum distance of twice their height from any parcel zoned or used for residential purposes, or zoned mixed-use. (3) Communication towers shall not be located between a principal structure and a public street, with the following exceptions: a. In industrial zoning districts, communication towers may be placed between the building and the side lot line abutting a street. b. On sites adjacent to public streets on all sides, communication towers may be placed between the building and either the side lot line abutting a street or the rear lot line. (eg) Location specific regulations for communication towers and antennas. City council meeting of March 18, 2019 (Item No. 4a) Page 6 Title: 2nd reading of ordinance - Zoning text amendment for small wireless facilities (1) Residential Zoning Districts. a. No more than one communication tower is allowed per parcel zoned and used for residential. Communication towers located on parcels occupied by residential dwellings are only allowed in the rear yard. (2) Communication towers located on parcels occupied by residential dwellings are only allowed in the rear yard. (3)b. Communication towers and antennas located on property zoned residential, and used for residential purposes shall be limited to communication towers and antennas used for the private enjoyment of those on the premises. (2) Antennas in the Public Right-of-Way. Antennas may co-locate on existing poles or communication towers in the City, County, or State right-of-way within any zoning district. A City Public Works permit for uses in the public right-of-way and written permission from applicable jurisdictions are required. (4) Monopoles shall be setback at least 10 feet from all lot lines. Communication towers of all other construction types shall be setback a distance equal to 1.5 times their engineered collapse radius or a distance equal to their height, whichever is less, except that all communication towers located on private property shall be located a minimum distance of twice their height from any parcel zoned or used for residential purposes, or zoned mixed-use. (5) All equipment located on the ground shall be set back as to comply with the minimum yards of the zoning district they are located in, except that equipment located entirely underground is allowed to encroach into the required yards. (6) Communication towers shall not be located between a principal structure and a lot line adjacent to a street, with the following exceptions: a. In industrial zoning districts, communication towers may be placed between the building and the side lot line abutting a street. b. On sites adjacent to public streets on all sides, communication towers may be placed between the building and either the side lot line abutting a street or the rear lot line. (7) Public Right-of-Way. Communication towers and antennas may be installed in the public right-of-way as permitted by Chapter 24, Article VII, Division 2 of the St. Louis Park City Code. (38) A communication tower that complies with all other requirements of this chapter is allowed as a conditional use in a wetland, public waters wetland, Wetland Conservation Act (WCA) wetland, flood fringe district or general floodplain district. The standards for the issuance of a conditional use permit shall be the general criteria contained in this chapter applicable to all conditional use permits and the specific requirements for conditional uses in the flood fringe and general floodplain districts. The tower shall also comply with all other applicable laws and regulations. City council meeting of March 18, 2019 (Item No. 4a) Page 7 Title: 2nd reading of ordinance - Zoning text amendment for small wireless facilities (f) Communication Tower and Antenna Design Requirements. Proposed or modified communication towers and antennas shall meet the following design requirements. (1) Communication towers up to 120 feet in height shall be of a monopole type. (2) Antenna designs and mounts shall be designed to minimize visual impact. (3) Communication Tower Lighting. Communication towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state law or regulation that preempts local regulations. (4) Signs, Advertising and Display. The use of any portion of a communication tower for displaying flags, signs other than warning or equipment information signs is prohibited. (5) Associated Equipment. Ground equipment associated with a communication tower or antenna shall be housed in a building. The building shall meet the architectural design standards of the Zoning Ordinance, and shall meet the minimum communication tower setback requirements of the underlying zoning district. (gh) Communication Tower Construction and Maintenance Permit Requirements. All antennae and communication towers erected, constructed, or located within the City shall obtain a building permit. (1) Construction Requirements. All antennae and communication towers erected, constructed, or located within the City shall obtain a building permit. Every communication tower or free-standing antenna shall be protected to discourage climbing of the tower or antenna by unauthorized persons. (2i) Maintenance Requirements. Communication tower and antenna shall be structurally sound. Additionally, finish and paint shall be maintained in good condition, free from rust, graffiti, peeling paint, or other blemish. (h) Building-Mounted Antennas. (1) Antennas attached to a building shall be no higher than 30 feet above the highest point of the building. (2) All building-mounted equipment shall be consistent with the architectural features of the building and be painted to match the color of the building exterior, roof or sky, whichever is most effective, as determined by the Zoning Administrator. (i) Free-Standing Antennas. Any antenna that is a separate structure and not attached to a building shall comply with all height and other requirements of this Chapter relating to Towers. Section 2. The remainder of Section 36-367 shall be renumbered in accordance with the amendments above. City council meeting of March 18, 2019 (Item No. 4a) Page 8 Title: 2nd reading of ordinance - Zoning text amendment for small wireless facilities Section 3. This ordinance shall take effect fifteen days after its publication. Reviewed for administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to form and execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney First Reading March 4, 2019 Second Reading March 18, 2019 Date of Publication March 28, 2019 Date Ordinance takes effect April 12, 2019 City council meeting of March 18, 2019 (Item No. 4a) Page 9 Title: 2nd reading of ordinance - Zoning text amendment for small wireless facilities SUMMARY FOR PUBLICATION Ordinance No. ____-19 An ordinance relating to small wireless facilities This ordinance amends Sections 36-142, and 36-367 pertaining to regulations for small wireless facilities on private and government property. This ordinance shall take effect 15 days after publication. Adopted by the City Council March 18, 2019 Jake Spano /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: March 28, 2019 Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4b Executive summary Title: Beltline Regional Trail Bridge Lighting Agreement Recommended action: Motion approving and authorizing the mayor and city manager to sign an agreement with Three Rivers Park District for reimbursement to the city for lighting on the Beltline Cedar Lake LRT Regional Trail Bridge. Policy consideration: Does the council wish to approve the agreement with the Three Rivers Park District authorizing reimbursement to the city for the Beltline Cedar Lake LRT Regional Trail bridge lighting costs? Summary: As a part of the design for the SWLRT project, a trail bridge will be constructed over Beltline Boulevard. In collaboration with Three Rivers Park District, the city worked to improve the design and safety of the bridge by upgrading the railing from chain link to vertical steel posts (as shown in attached drawing), and by adding lighting on the 1/3 mile long bridge. The city agreed to fund the upgrade to the railing on the bridge and the Park District agreed to fund the bridge lighting. The railing and lighting elements are memorialized in an agreement the city has with the Southwest Project Office (SPO) whereby these improvements will be constructed as part of the light rail project with the city agreeing to pay for these improvements. The agreement with Three River facilitates reimbursement to the city for the cost of the lighting. The City Attorney has reviewed the agreement. Financial or budget considerations: This agreement secures the funding from Three Rivers Park District for its share of the improvements to the trail bridge (approx. $226,000). Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Beltline Regional Trail Bridge Lighting Agreement Beltline Regional Trail Bridge rendering Prepared by: Meg J. McMonigal, Principal Planner Reviewed by: Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4b) Title: Beltline Regional Trail Bridge Lighting AgreementPage 2 City council meeting of March 18, 2019 (Item No. 4b) Title: Beltline Regional Trail Bridge Lighting AgreementPage 3 City council meeting of March 18, 2019 (Item No. 4b) Title: Beltline Regional Trail Bridge Lighting AgreementPage 4 City council meeting of March 18, 2019 (Item No. 4b) Title: Beltline Regional Trail Bridge Lighting AgreementPage 5 1BNight View - Improved Design 6B City council meeting of March 18, 2019 (Item No. 4b) Title: Beltline Regional Trail Bridge Lighting Agreement Page 6 Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4c Executive summary Title: Accept monetary donations for Westwood Hills Nature Center Recommended action: Motion to adopt Resolution approving acceptance of a $50 donation from Jan Boyer in memory of Joan Stenberg to be used for educational programing at Westwood Hills Nature Center, and $2,208 from Virginia Smereka for a memorial bench and other needs of Westwood Hills Nature Center in memory of Joan Stenberg and Bee Dickson. Policy consideration: Does the city council wish to accept these gifts with restrictions on their use? Summary: State statute requires city council’s acceptance of donations. This requirement is necessary in order to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Jan Boyer graciously donated $50 to Westwood Hills Nature Center in memory of Joan Stenberg. The donation is given with the restriction that it be used for educational programing at Westwood Hills Nature Center. Virginia Smereka graciously donated $2,208 to Westwood Hills Nature Center in memory of Joan Stenberg and Bee Dickson with the restriction that it be used for a memorial bench and other needs of Westwood Hills Nature Center. Financial or budget considerations: These donations will be used for educational programing, a memorial bench and other needs at Westwood Hills Nature Center. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Carrie Mandler, Secretary Program Aide Reviewed by: Mark Oestreich, Westwood Hills Nature Center Manager Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4c) Page 2 Title: Accept monetary donations for Westwood Hills Nature Center Resolution No. 19-___ Resolution approving acceptance of a donation in the amount of $50 in memory of Joan Stenberg to be used for educational programing at Westwood Hills Nature Center and approving acceptance of a donation in the amount of $2,208 in memory of Joan Stenberg and Bee Dickson to be used for a memorial bench and other needs at Westwood Hills Nature Center Whereas, the City of St. Louis Park is required by state statute to authorize acceptance of any donations; and Whereas, the city council must also ratify any restrictions placed on the donation by the donor; and Whereas, Jan Boyer donated $50 and Virginia Smereka donated $2,208. Now therefore be it resolved by the City Council of the City of St. Louis Park that the gifts are hereby accepted with thanks to Jan Boyer with the understanding that it must be used for educational programing at Westwood Hills Nature Center, and to Virginia Smereka with the understanding that it must be used for a memorial bench and other needs at Westwood Hills Nature Center. Reviewed for administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4d Executive summary Title: Accept donation from Minnesota Society of Arboriculture Recommended action: Motion to adopt Resolution approving acceptance of a monetary donation from the Minnesota Society of Arboriculture in an amount not to exceed $2,700 for all related expenses for Jim Vaughan, Natural Resources Coordinator, to attend the 2019 International Society of Arboriculture Conference in Knoxville, Tennessee. Policy consideration: Does the city council wish to accept the gift with restrictions on its use? Summary: State statute requires city council’s acceptance of donations. This requirement is necessary in order to make sure the city council has knowledge of any restrictions placed on the use of each donation prior to it being expended. The City of St. Louis Park’s Natural Resources Coordinator, Jim Vaughan, will represent the Minnesota Society of Arboriculture (MSA) as their International Society of Arboriculture (ISA) Council Representative at the 2019 Arboriculture Conference in Knoxville, Tennessee on August 11-15, 2019. This conference is an annual international conference for arborists covering many aspects in the science, technology, management and practice of community tree care. The Minnesota Society of Arboriculture elected Mr. Vaughan as their representative to the ISA. The ISA requires chapter representatives (i.e. Mr. Vaughan) attend each annual ISA conference. As a result of Mr. Vaughan’s election/appointment, the Minnesota Society of Arboriculture has offered to pay all related conference expenses in an amount not to exceed $2,700. The city attorney has reviewed this matter. His opinion is that state law permits the payment of such expenses by this organization, regardless of whether the funds come from primary or secondary sources. It is treated as a gift to the city and needs to be a resolution adopted by the city council determining that attendance at this event serves a public purpose and accepting the gift. The resolution needs to be adopted before attendance at the conference. The City of St. Louis Park will pay for travel, the conference and hotel accommodations up front and submit receipts to MSA for reimbursement. Financial or budget considerations: This donation will be used toward the expenses incurred by Jim Vaughan’s attendance to the International Society of Arboriculture conference in Knoxville, Tennessee. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Resolution Prepared by: Jim Vaughan, Natural Resources Coordinator Reviewed by: Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4d) Page 2 Title: Accept donation from Minnesota Society of Arboriculture Resolution No. 19-____ Resolution accepting donation from Minnesota Society of Arboriculture for expenses for Jim Vaughan to attend the 2019 International Society of Arboriculture Conference Whereas, The City of St. Louis Park is required by State Statute to authorize acceptance of any donations; and Whereas, the city council must also ratify any restrictions placed on the donation by the donor; and Whereas, the Minnesota Society of Arboriculture will compensate all related costs, in an amount not to exceed $2,700, for the city’s Natural Resources Coordinator, Jim Vaughan, to attend the International Society of Arboriculture conference, August 11-15, 2019, in Knoxville, Tennessee; and Now therefore be it resolved, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to the Minnesota Society of Arboriculture with the understanding that it must be used for expenses incurred by Jim Vaughan to attend the 2019 International Society of Arboriculture Conference held in Knoxville, Tennessee. Reviewed for Administration Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Mellissa Kennedy, City Clerk Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4e Executive summary Title: Approve DNR grant application for construction of a nature based play area at Westwood Hills Nature Center Recommended action: Motion to adopt Resolution authorizing the submission of a Department of Natural Resources (DNR) grant application in the amount of $100,000 to help with funding the construction of a nature based play area at Westwood Hills Nature Center. Policy consideration: Does Council support staff’s application for a Department of Natural Resources grant to assist with funding the construction of a nature based play area at Westwood Hills Nature Center? Summary: The Department of Natural Resources provides grants to local governments to develop or redevelop outdoor recreation facilities. The Westwood Hills Nature Center playground is being rebuilt in 2020 and a nature based play area would enhance the site. If awarded funding, grant funds must be matched dollar for dollar by the City. The cost of the type of playground that we are planning for at the nature center exceeds the cost of a typical City playground. Staff is looking for outside sources to assist with cost so that we can construct the type of outdoor facility that is consistent with our goal of enhancing the outdoor play area. Financial or budget considerations: This project is included in the city’s capital improvement plan and the city’s matching funding source would be the Park Improvement Fund. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Resolution Applicant’s resolution Prepared by: Mark Oestreich, Westwood Hills Nature Center Manager Jason T. West, Recreation Superintendent Reviewed by: Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4e) Page 2 Title: Approve DNR grant application for construction of a nature based play area at Westwood Hills Nature Center Resolution No. 19 - ____ Resolution authorizing application for grant funds in the amount of $100,000 from the Minnesota Department of Natural Resources for the construction of a nature based play area at Westwood Hills Nature Center Whereas, the City of St. Louis Park acknowledges the Minnesota Department of Natural Resources has authorized approximately $1,000,000 for outdoor recreation projects; and Whereas, the city would like to submit an application requesting grant funds from the Outdoor Recreation Grant Program; and Whereas, the grant funds will be used for construction of a nature based play area at Westwood Hills Nature Center; and Whereas, the Minnesota Department of Natural Resources grant program guidelines request support by the governing body of the St. Louis Park for submission of a grant application and the City of St. Louis Park recognizes the one hundred (100) percent match requirement for the Outdoor Recreation grant program and has secured the matching funds; and Now therefore be it resolved by the City Council of the City of St. Louis Park hereby approves submission of a grant application to the Minnesota Department of Natural Resources in the amount of $100,000 for the construction of a nature based play area at Westwood Hills Nature Center and to enter into an agreement with the State of Minnesota for the above referenced project. The City of St. Louis Park will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement. Reviewed for Administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk City council meeting of March 18, 2019 (Item No. 4e) Page 3 Title: Approve DNR grant application for construction of a nature based play area at Westwood Hills Nature Center ATTACHMENT A - APPLICANT’S RESOLUTION A copy of this approved resolution, with no wording changes, must be included with the application. BE IT RESOLVED that the City of St. Louis Park act as legal sponsor for the project contained in the Outdoor Recreation grant application to be submitted on 29th day of March, 2019 and that Jason T. West, Recreation Superintendent, is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of St. Louis Park. BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Outdoor Recreation Grant Program Manual and certifies it will report any actual, potential, perceived or organizational conflicts of interest upon discovery to the state related to the application or a grant award. BE IT FURTHER RESOLVED that the City of St. Louis Park has the legal authority to apply for financial assistance, and financial capability to meet the match requirement (if any) and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of St. Louis Park has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application. BE IT FURTHER RESOLVED that the City of St. Louis Park has or will acquire fee title or permanent easement over the land described in the site plan included in the application. BE IT FURTHER RESOLVED that, upon approval of its application by the state, the City of St. Louis Park may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of St. Louis Park certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. NOW, THEREFORE BE IT RESOLVED that the Recreation Superintendent is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of St. Louis Park on 18th day of March, 2019. SIGNED: WITNESSED: ________________________________ _____________________________________ (Signature) (Signature) _______________________________ _____________________________________ (Title) (Date) (Title) (Date) Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4f Executive summary Title: Special assessment – sewer service line repair at 3101 Georgia Avenue South Recommended action: Motion to adopt Resolution authorizing the special assessment for the repair of the sewer service line at 3101 Georgia Avenue South, St. Louis Park, MN. P.I.D. 17-117-21-11-0141 Policy consideration: The proposed action is consistent with policy previously established by the city council. Summary: Denise Sinkel, owner of the single family residence at 3101 Georgia Avenue South, has requested the city authorize the repair of the sewer service line for their home and assess the cost against the property in accordance with the city’s special assessment policy. The city requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the city council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by city staff. The property owner hired a contractor and repaired the sewer service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the city’s special assessment program. The property owner has petitioned the city to authorize the sewer service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $3,795. Financial or budget considerations: The city has funds in place to finance the cost of this special assessment. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Jay Hall, Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Beth Simonsen, Accountant Tim Simon, Chief Financial Officer Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4f) Page 2 Title: Special assessment – sewer service line repair at 3101 Georgia Avenue South Resolution No. 19-____ Resolution authorizing special assessment for the repair of the sewer service line at 3101 Georgia Avenue South St. Louis Park, MN P.I.D. 17-117-21-11-0141 Whereas, the property owner at 3101 Georgia Avenue South, has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the sewer service line for the single family residence located at 3101 Georgia Avenue South; and Whereas, the property owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and Whereas, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the sewer service line. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the property owner requesting the approval and special assessment for the sewer service line repair is hereby accepted. 2. The sewer service line repair that was done in conformance with the plans and specifications approved by the Operations and Recreation Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the sewer service line is accepted at $3,795.00. 4. The property owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The property owner has agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 4.25%. 6. The property owner has executed an agreement with the city and all other documents necessary to implement the repair of the sewer service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4g Executive summary Title: Resolution requesting comprehensive road and transit funding Recommended action: Motion to adopt Resolution requesting comprehensive road and transit funding. Policy consideration: This resolution is consistent with the city council’s 2019 legislative issues and priorities. Summary: The League of Minnesota Cities is asking communities to pass a resolution requesting comprehensive road and transit funding. This resolution asks the Legislature and Governor to sign a permanent increase in dedicated funding for state and local road, bridge, and transit systems in Greater Minnesota and the metropolitan area. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Resolution Prepared by: Maria Carrillo Perez, Management Assistant Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4g) Page 2 Title: Resolution requesting comprehensive road and transit funding Resolution No. 19-____ Resolution requesting comprehensive road and transit funding Whereas, all Minnesota communities benefit from a sound, efficient, and adequately funded transportation system that offers diverse modes of travel; and Whereas, the integrity of Minnesota’s transportation infrastructure is dependent upon long-term planning and ongoing maintenance, both of which require dedicated and sustainable revenue sources; and Whereas, current funding for roads, bridges, and transit systems across all government levels in Minnesota is inadequate, and this under-investment diminishes quality of life for Minnesota residents and hinders Minnesota’s progress as a national business, economic, and civic leader; and Whereas, Minnesota’s transportation system is failing to meet the capacity needs necessary to sustain population growth and promote economic development; and Whereas, many rural roads are not built to modern safety standards and are not meeting the needs of industries that depend on the ability to transport heavy loads; and Whereas, insufficient state funding has delayed regionally significant road construction and reconstruction projects across Minnesota; and Whereas, transportation infrastructure maintenance and improvement costs significantly contribute to rising property taxes; and Whereas, for every one dollar spent on maintenance, a road authority—and therefore taxpayers—save seven dollars in repairs; and Whereas, Minnesota contains over 141,000 miles of roadway, and over 22,500 miles—or 16 percent--are owned and maintained by Minnesota’s 853 cities; and Whereas, almost 85 percent of all municipal streets are not eligible for dedicated Highway User Tax Distribution Fund dollars; and Whereas, the more than 700 Minnesota cities with populations below 5,000 are ineligible for dedicated Highway User Tax Distribution Fund dollars, but have benefitted from the creation of the Small Cities Assistance Account; and Whereas, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and Whereas, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes, and special assessments, have limited applications, leaving cities under-equipped to address growing needs; and City council meeting of March 18, 2019 (Item No. 4g) Page 3 Title: Resolution requesting comprehensive road and transit funding Whereas, city cost participation in state and county highway projects diverts resources from city-owned streets; and Whereas, maintenance costs increase as road systems age, and no city—large or small—is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and Whereas, cities need greater resources, including an additional dedicated state funding source for transportation, and flexible policies to meet growing demands for street improvements and maintenance. Now, therefore, be it resolved by the council of the City of St. Louis Park that this council requests that the Minnesota Legislature pass and Governor Tim Walz sign a comprehensive and balanced transportation funding package that permanently increases dedicated funding for transportation; and Be it further resolved by the council of the City of St. Louis Park that this council defines a comprehensive and balanced transportation funding package as an initiative that permanently increases dedicated funding for state and local road and transit systems in Greater Minnesota and the Metropolitan Area. Be it further resolved by the council of the City of St. Louis Park that this council requests an omnibus transportation funding bill that provides additional dedicated state funding for city streets, including funding that can be used for non-MSA city street maintenance, construction, and reconstruction. Reviewed for administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4h Executive summary Title: St. Louis Park Lions Club temporary signs in the public right-of-way Recommended action: Motion to adopt Resolution authorizing St. Louis Park Lions Club’s request for placing temporary signs in the public right-of-way. Policy consideration: None. Summary: The St. Louis Park Lions Club has requested to install temporary signs in the public right-of-way for their annual pancake and sausage breakfast event. The council has been granting a similar request for the Lion’s pancake breakfast event every year since 2005. Section 36-362(e)(2) of the Zoning Code states that prohibited signs include, “Signs on or over the public right-of-way unless the council grants permission for a temporary sign on or over the public right-of-way for a period not to exceed ten days.” The Lions Club is a non-profit community based organization that provides services and resources to the people of St. Louis Park. The requested signs advertise the Lions Club’s Annual Pancake and Sausage Breakfast to be held on Sunday, April 14, 2019. This activity is a fundraiser for services and resources provided to the residents of St. Louis Park. The request is to install 20 sandwich board style signs as early as April 6, 2019. Up to 28 smaller signs will be installed at local places of worship on the day of the event. All signs will be removed on the day of the event. Financial or budget considerations: None. Strategic priority consideration: Not applicable. Supporting documents: Resolution Sign plan Letter from Lions Club Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4h) Page 2 Title: St. Louis Park Lions Club temporary signs in the public right-of-way Resolution No. 19-____ Resolution approving the St. Louis Park Lions Club application for the placement of temporary signs within the public right-of-way Whereas, The St. Louis Park Lions Club made application for the placement of 20 temporary sandwich board type signs for eight days beginning April 6, 2019, and up to 28 “stick in the ground” type signs within the public right-of-way on April 14, 2019 only; and Whereas, pursuant to Section 36-362(e)(2) of the St. Louis Park Zoning Ordinance, the City Council may approve the placement of temporary signs within the public right-of-way for a period not to exceed 10 days; Now, therefore, be it resolved by the City Council of the City of St. Louis Park, Minnesota, that the City Council approves the St. Louis Park Lions Club's application for the placement of 20 sandwich board type temporary signs within the public right-of-way beginning April 6, 2019, and to be removed immediately following the conclusion of the event on April 14, 2019 and up to 28 smaller signs to be displayed on April 14, 2019 only. All signs are to be removed by the end of the day on April 14, 2019. Be it further resolved that the size and placement of the 20 sandwich board and 25 push in the ground type temporary signs are approved as shown on the attached sign plan (Exhibit A). Reviewed for Administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk City council meeting of March 18, 2019 (Item No. 4h) Page 3 Title: St. Louis Park Lions Club temporary signs in the public right-of-way 2019 Page 4 City council meeting of March 18, 2019 (Item No. 4h) Title: St. Louis Park Lions Club temporary signs in the public right-of-way City council meeting of March 18, 2019 (Item No. 4h) Page 5 Title: St. Louis Park Lions Club temporary signs in the public right-of-way Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4i Executive summary Title: Retirement recognition for Fleet Mechanic Rick Bahe Recommended action: Motion to adopt Resolution to recognize Fleet Mechanic Rick Bahe for more than 33 years of service. Policy consideration: None at this time Summary: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the mayor, city manager and city council. Rick has chosen not to be honored with a presentation and will not be attending the council meeting. This consent item will officially adopt the resolution that honors Rick for his years of service. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Ali Timpone, HR Manager Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4i) Page 2 Title: Retirement recognition for Fleet Mechanic Rick Bahe Resolution No. 19-___ Resolution of the City of St. Louis Park, Minnesota, recognizing the contributions of and expressing appreciation to Fleet Mechanic Rick Bahe Whereas, Rick Bahe began his employment with the City of St. Louis Park over 33 years ago on January 6, 1986; and Whereas, Rick has mentored and trained many employees as they transition from the private to public sector, with substantial differences in equipment and operating systems; and Whereas, Rick was the lead welder and worked on many fabrication projects from development to the completion, many of which were very grand in scale and detail; and Whereas, Rick worked on many special projects for many departments of the City, including for the Police Department’s throw phone project in which he received a city teamwork award for his effort; and Whereas, Rick has attended additional training on new equipment to become efficient in the operation and repair. Much of the time the training required time away from family; and Whereas, Rick has worked through many winters requiring early morning starts, late days and weekends to provide support primarily for snow removal but on other occasions for other departments and breakdowns; Whereas, in retirement Rick will enjoy spending time with family and friends as well as many hours traveling with his wife on their bikes throughout the trails of Minnesota. Now therefore be it resolved that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Rick Bahe for his great contributions and more than 33 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City council Meeting date: March 18, 2019 Consent agenda item: 4j Executive summary Title: Commence eminent domain action for public purposes – Cedar Lake Rd. Reconstruction Project (4019-1100) Recommended action: Motion to adopt Resolution authorizing condemnation of land for public purposes - Cedar Lake Road Reconstruction Project (4019-1100). Policy consideration: To keep the project on schedule for 2019 construction, does the Council wish to authorize the use of eminent domain to insure the necessary land can be assembled in a timely way? Summary: On October 15, 2018, the City Council approved the preliminary layout for the Cedar Lake Road Reconstruction project. This project is currently out for bid. Staff will be asking for approval of the bids at the April 1, 2019 City Council meeting. The City’s right of way consultant has been working with the property owners to acquire the necessary easements. Some properties have agreed to the offers presented based on the appraisal. To keep the project on schedule, the City attorney has recommended that we begin the eminent domain process. Financial or budget considerations: This project is included in the Capital Improvement Plan (CIP) for 2019. Funding will be provided by a combination of MSA, Utility Funds, and General Obligation Bonds (Sidewalks and bikeways). Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion Resolution Exhibit A Prepared by: Joseph Shamla, Sr. Engineering Project Manager Soren Mattick, City Attorney Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 4j) Page 2 Title: Commence eminent domain action for public purposes – Cedar Lake Rd. Reconstruction Project (4019-1100) Discussion Background: On October 15, 2018, the City Council approved the preliminary layout for the Cedar Lake Road Reconstruction Project. In order to construct this project per the approved layout, the City needs to acquire additional easements. Right of Way Acquisition Activities: Construction of the approved layout for Cedar Lake Road will impact 17 parcels adjacent to the project area. The City will need to acquire (purchase) temporary and permanent easements. The easements are needed for the bicycle facility along Cedar Lake Road along with the modification of the current signal system at Zarthan Avenue to a roundabout. The temporary easements are only needed for the duration of construction and will expire in December of 2019. The City’s right of way consultant, Henning Professional Services, Inc., has completed pre- acquisition activities which include the following: •Property owner introductory letter, questionnaire and acquisition brochure •Field title reviews •Appraisals •Parcel survey •Conveyance document preparation •Offer letters The properties which are impacted received offer letters for the easements. Five of the properties have accepted the offer and will not need to enter condemnation. At this time, the City Attorney recommends initiation of the eminent domain process which requires Council approval of a resolution authorizing condemnation of land for public purposes. Approval of the resolution will allow for condemnation by the quick take method in the event that negotiations and subsequent acquisitions do not occur in a timely manner. The City Attorney participated in the preparation and review of this report. The resolution refers to parcel numbers, what follows is a summary of the parcel addresses and easement types and areas. Parcel number Address Permanent Easement Area (square ft) Temporary Easement Area (square ft) 2 2201 Edgewood Ave S 4,182 0 6 2035 Florida Ave S 577 290 8 5402 Parkdale Drive 766 0 9 5525 Cedar Lake Rd 696 3,245 10 2300 Ridge Dr 1,034 0 13 A, B & C 5801-5901 Cedar Lake Road 1,652 4,098 14 5801 16th St W 3,155 1,486 16 5600 Cedar Lake Road 1,062 2,533 City council meeting of March 18, 2019 (Item No. 4j) Page 3 Title: Commence eminent domain action for public purposes – Cedar Lake Rd. Reconstruction Project (4019-1100) Resolution No. 19-____ Resolution authorizing condemnation of land for public purposes Whereas, the City Council of the City of St. Louis Park does hereby determine that it is necessary and for a public use and purpose to acquire fee title and/or permanent and temporary easements over the property legally described on the attached Exhibit "A", subject to engineering modifications, if any, for purposes in connection with the Cedar Lake Road Project; and Whereas, City staff and consultants have and will continue to work with the property owners to acquire the necessary property; and Whereas, the City Council finds that construction timing makes it necessary to acquire the necessary fee title and/or easements as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner. Now, therefore, be it resolved by the City Council of the City of St. Louis Park, Minnesota: 1.That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary fee title and/or permanent and temporary easements over the properties identified on the attached Exhibit “A”, subject to engineering modifications, if needed. 2.That the City Attorney is authorized to acquire the necessary property interests pursuant to the “quick take” provisions of Minnesota Statutes Section 117.042. 3.That the Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. 4.The City has obtained appraisals of the property being acquired and staff is authorized to continue negotiating with the property owners relating to the acquisition of the property and to acquire the property from the property owners by negotiation if possible. Reviewed for Administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk City council meeting of March 18, 2019 (Item No. 4j) Page 4 Title: Commence eminent domain action for public purposes – Cedar Lake Rd. Reconstruction Project (4019-1100) Exhibit “A” Parcel 2 Lot 4, Block 1, “Eliot View 2nd Addition”, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Parcel 6 Tract A, Registered Land Survey No. 916, County of Hennepin except that part thereof which lies South of a line parallel with and 451.51 feet North of the South line of said Tract A. Parcel 8 Tract H, Registered Land Survey No. 1481, Hennepin County, Minnesota. Parcel 9 That part of the East 460.00 feet of Government Lot 1, Section 9, Township 117 North, Range 21 West of the 5th Principal Meridian, Hennepin County, lying Northerly of the Burlington Northern, Inc., right-of-way, which lies Southerly of the centerline of Old Cedar Lake Road. Also, that part of the West 40.00 feet of the Northwest Quarter of the Northwest Quarter of Section 31, Township 29 North, Range 24 West of the 4th Principal Meridian, lying Northerly of the Burlington Northern, Inc., right-of-way, which lies Southerly of the centerline of New County Road No. 16. Also, that part of the Northwest Quarter of the Northwest Quarter of Section 31, Township 29, Range 24, lying Northerly of the Great Northern Railroad (now Burlington Northern, Inc.) Right- of-Way and Southerly of the center line of New County Road No. 16, and which lies Easterly of a line 40.00 feet East, measured at right angles to and parallel with the West line of said Northwest Quarter of the Northwest Quarter, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota, except that part acquired by the County of Hennepin in Deed Document No. 4517060, recorded in the office of the Hennepin County Recorder. Said property also described on the Survey made by Boch & Clark’s National Surveyors Network dated October 16, 2006, last revised November 15, 2006, and designated as Job No. 20061310- 001, described as follows: Beginning at the Southwest corner of the property, as depicted on survey; thence on an assumed bearing of North 0 degrees 03 minutes 44 seconds West, 816.71 feet; thence along a non-tangential curve concave to the North, (curve data: central angle = 32 degrees 12 minutes 46 seconds, Radius = 716.20 feet, Length = 402.66 feet); thence North 76 degrees 20 minutes 13 seconds East, 64.82 feet; thence South 0 degrees 03 minutes 44 seconds East, 132.98 feet; thence South 63 degrees 43 minutes 29 seconds East, 44.63 feet; thence South 0 degree 03 minutes 44 seconds East, 42.16 feet; thence along a non-tangential curve concave to the Northeast (curve data: central angle= 29 degrees 09 minutes 08 seconds, Radius = 347.00, Length = 176.55 feet); thence South 69 degrees 36 minutes 06 seconds East, 225 feet; thence North 20 degrees 23 minutes 54 seconds East, 41.38 feet; thence along a non-tangential curve concave to the Northeast, (curve data: central angle = 19 degrees 39 minutes 31 seconds, Radius = 818.51, Length = 280.84); thence South 06 degrees 37 minutes 01 second City council meeting of March 18, 2019 (Item No. 4j) Page 5 Title: Commence eminent domain action for public purposes – Cedar Lake Rd. Reconstruction Project (4019-1100) West, 40.00 feet; thence South 72 degrees 41 minutes 15 seconds West, 1196.54 feet back to the point of beginning. Parcel 10 Lot 1, Block 1, Farrs Sunset Ridge 4th Addition, Hennepin County, Minnesota. Parcel 12 That part of the West 283.70 feet of the East 743.70 feet of Government Lot 1, Section 9, Township 117 North, Range 21 West of the 5th Principal Meridian, lying Northerly of the Burlington Northern, Inc. right-of-way, which lies Southerly of the center line of Old Cedar Lake Road, according to the United States Government Survey thereof, and situated in Hennepin County, Minnesota. Parcels 13A, 13B, and 15 Parcel 13A PART OF CONDO. NO. 446, SUNSET RIDGE BUSINESS PARK (LOT 3 BLOCK 1 SUNSET RIDGE BUSINESS PARK) Hennepin County, Minnesota City of St. Louis Park Parcel 13B PART OF CONDO. NO. 446, SUNSET RIDGE BUSINESS PARK (LOT 12, BLOCK 1 SUNSET RIDGE BUSINESS PARK) Hennepin County, Minnesota City of St. Louis Park Parcel 15 PART OF CONDO. NO. 446, SUNSET RIDGE BUSINESS PARK (LOT 4, BLOCK 1 SUNSET RIDGE BUSINESS PARK) Hennepin County, Minnesota City of St. Louis Park Parcel 14 Lot 1, Block 1, Park Place Plaza Second Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Parcel 16 Lot 3, Block 1, Park Place Plaza, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Meeting: City council Meeting date: March 18, 2019 Action agenda item: 8a Executive summary Title: General obligation bonds, Series 2019A Recommended action: Motion to adopt Resolution Awarding the Sale of General Obligation (G.O.) Bonds, Series 2019A. Policy consideration: Does the city council wish to accept the lowest bid for the sale of the G.O. Bonds, Series 2019A? Summary: At the February 11, 2019 study session, staff reviewed with council the 2019 bond issue in detail. On February 19, 2019 council authorized the sale of the G.O. charter bonds. On March 4th, 2019 council conducted a public hearing and after the public hearing council authorized the sale of the G.O. tax abatement bonds. The G.O. charter bonds of $9,330,000 will fund the current year sidewalk and trails projects, SWLRT, fiber and the Cedar Lake Road project (repaid by municipal state aid funds). The G.O. abatement bonds of $12,890,000 will finance all of the Westwood Hills Nature Center project. On March 8, 2019 city staff conducted a credit review with Standard and Poor’s (S&P). At the time of writing the staff report S&P has not released its report. The competitive bids for the bonds will be received and tabulated by the city’s municipal advisor, Ehlers and Associates, Inc. on Monday March 18, 2019 at 11:00am. Ehlers will present the competitive bids received and recommendation to the city council at the March 18th, 2019 council meeting. The bond resolution will be filled out with the final bond sale information received on Monday. Financial or budget considerations: The two portions of the bonds have been consolidated into one bond issue (2019A) for bidding by potential investors. The G.O. Bonds, which are 10-15 years in length and repaid with tax levy and/or municipal state aid, are estimated at a True Interest Cost (TIC) ranging from 3.07%-3.57%. Strategic priority consideration: •St. Louis Park is committed to continue to lead in environmental stewardship. •St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Next Steps: Tentatively on April 10, 2019 – close on the bonds – no city council action required Supporting documents: Resolution Prepared by: Tim Simon, Chief Financial Officer Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 8a) Page 2 Title: General obligation bonds, Series 2019A Resolution No. 19-____ A resolution awarding the sale of general obligation bonds, series 2019a, in the original aggregate principal amount of $________; fixing their form and specifications; directing their execution and delivery; and providing for their payment Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Hennepin County, Minnesota (the “City”) as follows: Section 1. Sale of Bonds. 1.01. Charter Bonds. Pursuant to a resolution adopted by the City Council on February 19, 2019 (the “Authorizing Resolution”), the City Council authorized the sale of the City’s general obligation bonds (the “Charter Bonds”) pursuant to Section 6.15 of the City Charter (the “Charter”) and Minnesota Statutes, Chapter 475, as amended (the “Municipal Debt Act”), in order to provide for the construction of projects related to SWLRT, sidewalks, trails, and fiber extension and improvements to Cedar Lake Road in the City (collectively, the “Capital Projects”). The Authorizing Resolution was approved by a vote of at least six (6) members of the City Council. 1.02. Abatement Bonds. (a)The City has determined to finance the construction of the new Westwood Hills Nature Center (the “Abatement Project”), which will help to acquire public facilities by financing the construction of the Abatement Project, to provide continued access to Abatement Project-related services for residents of the City, and to benefit certain properties in the City. (b)Under the Municipal Debt Act and Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (collectively, the “Abatement Act”), the City is authorized to grant a property tax abatement on specified parcels in order to accomplish certain public purposes, including the construction of the Abatement Project. (c)Pursuant to a resolution adopted by the City Council on March 4, 2019 (the “Abatement Resolution”) following a duly noticed public hearing, the City Council approved a property tax abatement (the “Abatements”) in the maximum amount of $12,890,000 for certain property in the City (the “Abatement Parcels”) over a period of nine (9) years, in an amount sufficient to pay the principal of, and all or a portion of the interest on, the general obligation bonds issued to finance the Abatement Project. (d)In the Abatement Resolution, the City found and determined that the Abatement Project benefits the Abatement Parcels and that the maximum principal amount of bonds to be secured by Abatements does not exceed the estimated sum of Abatements from the Abatement Parcels for the term authorized under the Abatement Resolution. City council meeting of March 18, 2019 (Item No. 8a) Page 3 Title: General obligation bonds, Series 2019A (e) The City Council finds it necessary and expedient to the sound financial management of the affairs of the City to issue general obligations bonds (the “Abatement Bonds”) pursuant to the Abatement Act to provide financing for the Abatement Project. 1.03. Issuance of General Obligation Bonds. (a) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Bonds, Series 2019A (the “Bonds”), in the original aggregate principal amount of $____________, pursuant to the Municipal Debt Act and the Abatement Act (together, the “Act”) and the Charter, in order to provide financing for the Capital Projects and the Abatement Project. (b) The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.04. Award to the Purchaser and Interest Rates. The proposal of ______________________ (the “Purchaser”) to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $______________ (par amount of $________, [plus original issue premium of $___________,] [less original issue discount of $__________,] less underwriter’s discount of $____________), plus accrued interest, if any, to date of delivery for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2021 % 2029 % 2022 2030 2023 2031 2024 2032 2025 2033 2026 2034 2027 2035 2028 True interest cost: ___________% 1.05. Purchase Contract. The amount proposed by the Purchaser in excess of the minimum bid shall be credited to the accounts in the Debt Service Fund hereinafter created or deposited in the accounts in the Construction Fund hereinafter created, as determined by the Chief Financial Officer of the City in consultation with the City’s municipal advisor. The Chief Financial Officer is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The City council meeting of March 18, 2019 (Item No. 8a) Page 4 Title: General obligation bonds, Series 2019A Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.06. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act and the Charter, in the total principal amount of $________, originally dated April 10, 2019, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2021 $ 2029 $ 2022 2030 2023 2031 2024 2032 2025 2033 2026 2034 2027 2035 2028 (a) $_________________ of the Bonds (the “Charter Bonds”), maturing on February 1 in the years and in the amounts set forth below, will be used to finance the Capital Projects: Year Amount Year Amount 2021 $ 2029 $ 2022 2030 2023 2031 2024 2032 2025 2033 2026 2034 2027 2035 2028 (b) The remainder of the Bonds in the amount of $____________ (the “Abatement Bonds”), maturing on February 1 in the years and in the amounts set forth below, will be used to finance the Abatement Project: Year Amount Year Amount 2027 $ 2032 $ 2028 2033 2029 2034 2030 2035 2031 City council meeting of March 18, 2019 (Item No. 8a) Page 5 Title: General obligation bonds, Series 2019A 1.07. Optional Redemption. The City may elect on February 1, 2027, and on any day thereafter to prepay Bonds due on or after February 1, 2028. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [TO BE COMPLETED IF TERM BONDS ARE REQUESTED: 1.08. Mandatory Redemption; Term Bonds. The Bonds maturing on February 1, 20__ and February 1, 20__ shall hereinafter be referred to collectively as the “Term Bonds.” The principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking fund redemptions of such Term Bonds in such order as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows:] Sinking Fund Installment Date February 1, 20__ Term Bond Principal Amount $ ____________________ * Maturity February 1, 20__ Term Bond Principal Amount $ ____________________ * Maturity Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2020, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. City council meeting of March 18, 2019 (Item No. 8a) Page 6 Title: General obligation bonds, Series 2019A 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. City council meeting of March 18, 2019 (Item No. 8a) Page 7 Title: General obligation bonds, Series 2019A (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty (30) days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of the City Council, the Chief Financial Officer must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any City council meeting of March 18, 2019 (Item No. 8a) Page 8 Title: General obligation bonds, Series 2019A purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in EXHIBIT B attached hereto with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form set forth in EXHIBIT B. 3.02. Approving Legal Opinion. The City Manager is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Bonds, Series 2019A Debt Service Fund (the “Debt Service Fund”) hereby created. The Debt Service Fund shall be administered and maintained by the Chief Financial Officer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The City will maintain the following accounts in the Debt Service Fund: the “Capital Projects Account” and the “Abatement Project Account.” Amounts in the Capital Projects Account are irrevocably pledged to the Charter Bonds, and amounts in the Abatement Project Account are irrevocably pledged to the Abatement Bonds. (a) Capital Projects Account. The Chief Financial Officer shall timely deposit in the Capital Projects Account of the Debt Service Fund the ad valorem taxes hereinafter levied and allocated to the payment of debt service on the Charter Bonds, which ad valorem taxes are pledged to the Capital Projects Account. There is also appropriated to the Capital Projects Account (i) capitalized interest financed with proceeds of the Bonds, if any; and (ii) a pro rata portion of amounts over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.05 hereof. (b) Abatement Project Account. The Chief Financial Officer shall timely deposit in the Abatement Project Account of the Debt Service Fund the Abatements City council meeting of March 18, 2019 (Item No. 8a) Page 9 Title: General obligation bonds, Series 2019A from the Abatement Parcels and the ad valorem taxes hereinafter levied and allocated to the payment of interest on the Abatement Bonds, which ad valorem taxes are pledged to the Abatement Project Account. There is also appropriated to the Abatement Project Account (i) capitalized interest financed with proceeds of the Bonds, if any; and (ii) a pro rata portion of amounts over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.05 hereof. 4.02. Construction Fund. The City hereby creates the General Obligation Bonds, Series 2019A Construction Fund (the “Construction Fund”). The City will maintain the following accounts in the Construction Fund: the “Capital Projects Account” and “Abatement Project Account.” Amounts in the Capital Projects Account are irrevocably pledged to the Charter Bonds, and amounts in the Abatement Project Account are irrevocably pledged to the Abatement Bonds. (a) Capital Projects Account. Proceeds of the Charter Bonds, less the appropriations made in Section 4.01(a), together with ad valorem taxes and any other funds appropriated for the Capital Projects collected during the construction of the Capital Projects, will be deposited in the Capital Projects Account of the Construction Fund to be used solely to defray expenses of the Capital Projects and the payment of principal and interest on the Charter Bonds prior to the completion and payment of all costs of the Capital Projects. When the Capital Projects are completed and the cost thereof paid, the Capital Projects Account of the Construction Fund is to be closed and any funds remaining may be deposited in the Capital Projects Account of the Debt Service Fund. (b) Abatement Project Account. Proceeds of the Abatement Bonds, less the appropriations made in Section 4.01(b) hereof, will be deposited in the Abatement Project Account of the Construction Fund to be used solely to defray expenses of the Abatement Project described herein and in the Abatement Resolution. When the Abatement Project is completed and the cost thereof paid, the Abatement Project Account of the Construction Fund is to be closed and any funds remaining may be deposited in the Abatement Project Account of the Debt Service Fund. 4.03. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 4.04. Pledge of Taxes. For the purpose of paying the principal of and interest on the Charter Bonds and the interest on the Abatement Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City (the “Taxes”), which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Capital Projects Account and the Abatement Account of the City council meeting of March 18, 2019 (Item No. 8a) Page 10 Title: General obligation bonds, Series 2019A Debt Service Fund above provided and will be in the years and amounts as attached hereto as EXHIBIT C. 4.05. Certification to Taxpayer Services Division Manager as to Debt Service Fund Amount. It is hereby determined that the estimated collection of the foregoing Taxes and Abatements will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Chief Financial Officer may certify to the Taxpayer Services Division Manager of Hennepin County, Minnesota (the “Taxpayer Services Division Manager”) the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Taxpayer Services Division Manager will thereupon reduce the levy collectible during such year by the amount so certified. 4.06. Registration of Resolution. The City Manager is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager and to obtain the certificate required by Section 475.63 of the Act. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, the City Manager, and the Chief Financial Officer are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Other Certificates. The Mayor, the City Manager, and the Chief Financial Officer are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, the City Manager, and the Chief Financial Officer shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Chief Financial Officer shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to KleinBank, Chaska, City council meeting of March 18, 2019 (Item No. 8a) Page 11 Title: General obligation bonds, Series 2019A Minnesota on the closing date for further distribution as directed by the City’s municipal advisor, Ehlers and Associates, Inc. Section 6. Tax Covenant. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Not Qualified Tax-Exempt Obligations. The Bonds are not designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository City council meeting of March 18, 2019 (Item No. 8a) Page 12 Title: General obligation bonds, Series 2019A (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. City council meeting of March 18, 2019 (Item No. 8a) Page 13 Title: General obligation bonds, Series 2019A Section 8. Continuing Disclosure. 8.01. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) City council meeting of March 18, 2019 (Item No. 8a) Page 14 Title: General obligation bonds, Series 2019A The motion for the adoption of the foregoing resolution was duly seconded by City Council Member ____________________, and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: Reviewed for Administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk City council meeting of March 18, 2019 (Item No. 8a) Page 15 Title: General obligation bonds, Series 2019A Exhibit A Proposals City council meeting of March 18, 2019 (Item No. 8a) Page 16 Title: General obligation bonds, Series 2019A Exhibit B Form of bond No. R-_____ UNITED STATES OF AMERICA $_________ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ST. LOUIS PARK GENERAL OBLIGATION BOND SERIES 2019A Rate Maturity Date of Original Issue CUSIP February 1, 20__ April 10, 2019 Registered Owner: Cede & Co. The City of St. Louis Park, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $__________ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2020, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2027, and on any day thereafter to prepay Bonds due on or after February 1, 2028. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $________ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and City council meeting of March 18, 2019 (Item No. 8a) Page 17 Title: General obligation bonds, Series 2019A interest rate, all issued pursuant to a resolution adopted by the City Council on March 18, 2019 (the “Resolution”), for the purpose of providing money to aid in financing certain capital projects and construction of public facilities, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475 and Sections 469.1812 through 469.1815, as amended, and the principal hereof and interest hereon are payable in part from ad valorem taxes and in part from tax abatement revenues, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes and tax abatement revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. This Bond is not a “qualified tax-exempt obligation” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, charter, or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of St. Louis Park, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual City council meeting of March 18, 2019 (Item No. 8a) Page 18 Title: General obligation bonds, Series 2019A signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: April 10, 2019 City of St. Louis Park, Minnesota (Facsimile) (Facsimile) Mayor City Manager ______________________________________ Certificate of authentication This is one of the Bonds delivered pursuant to the Resolution mentioned within. Bond trust services corporation By Authorized Representative ______________________________________ Abbreviations The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UNIF GIFT MIN ACT _________ Custodian _________ (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors Act, State of _______________ JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. City council meeting of March 18, 2019 (Item No. 8a) Page 19 Title: General obligation bonds, Series 2019A ________________________________________ Assignment For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee City council meeting of March 18, 2019 (Item No. 8a) Page 20 Title: General obligation bonds, Series 2019A ________________________________________ Provisions as to registration The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 City council meeting of March 18, 2019 (Item No. 8a) Page 21 Title: General obligation bonds, Series 2019A Exhibit C Tax levy schedules Tax Levy Schedule for the Charter Bonds YEAR * TAX LEVY 2020 $ 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 __________________________________ * Year tax levy collected. Tax Levy Schedule for the Abatement Bonds YEAR * TAX LEVY 2026 $ 2027 2028 2029 2030 2031 2032 2033 2034 __________________________________ * Year tax levy collected. City council meeting of March 18, 2019 (Item No. 8a) Page 22 Title: General obligation bonds, Series 2019A STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF ST. LOUIS PARK ) I, the undersigned, being the duly qualified and acting City Clerk of the City of St. Louis Park, Hennepin County, Minnesota (the “City”), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on March 18, 2019, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of the City’s General Obligation Bonds, Series 2019A, in the original aggregate principal amount of $________. WITNESS My hand officially as such City Clerk and the corporate seal of the City this ____ day of __________, 2019. City Clerk City of St. Louis Park, Minnesota (SEAL) Meeting: City council Meeting date: March 18, 2019 Action agenda item: 8b Executive summary Title: Equal Rights Amendment to the Minnesota Constitution Recommended action: Motion to adopt Resolution in support of an Equal Rights Amendment to the Minnesota Constitution. Policy consideration: This resolution is consistent with city council policies. Summary: The St. Louis Park League of Women Voters has requested that that city council consider passing a resolution in support of an Equal Rights Amendment (ERA). This resolution asks for an amendment to the Minnesota Constitution that explicitly guarantee that all rights that it protects are held equally by all citizens without regard to gender. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution ERA Minnesota (Link) Prepared by: Maria Carrillo Perez, Management Assistant Approved by: Tom Harmening, City Manager City council meeting of March 18, 2019 (Item No. 8b) Page 2 Title: Equal Rights Amendment to the Minnesota Constitution Resolution No. 19-____ Resolution in support of an Equal Rights Amendment (ERA) Whereas, the City of St. Louis Park supports equal rights for the citizens of St. Louis Park; and Whereas, the Minnesota Constitution does not explicitly guarantee that all rights that it protects are held equally by all citizens without regard to gender; and Whereas, bills have been introduced in both the House and Senate stating “equality under the law must not be abridged or denied on account of gender;” and Whereas, women constitute over 50 percent of the citizenry and women play a critical role in families, the workplace, and in society as a whole, contributing to our economy and advancing our nation; and Whereas, women continue to confront a lack of political parity, workplace discrimination, health care inequities, disparate rates of poverty, sexual assault and domestic violence; and Whereas, the Equal Rights Amendment is required in order to provide gender-based equality in our courts and laws because the Supreme Court has repeatedly held that the 14th Amendment does not apply specifically to issues of gender; and Whereas, although laws prohibiting gender discrimination exist, they can be repealed or reduced by a simple majority in the legislature; and Whereas, an Equal Rights Amendment would help correct systemic gender discrimination; and Whereas, Minnesota requested that Congress propose an Equal Rights Amendment (ERA) in April of 1949 and then ratified the federal ERA in February of 1973 – yet still does not have sex or gender equality guaranteed in its own state constitution; Now, therefore, be it resolved, that the City of St. Louis Park calls on the Minnesota Senate and House to pass a bill for an act proposing an amendment to the Minnesota Constitution, known as the Equal Rights Amendment, providing for gender equality under the law. Reviewed for administration: Adopted by the City Council March 18, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: Special study session Meeting date: March 18, 2019 Discussion item: 2 Executive summary Title: Bridge loan to Sherman Associates for acquisition of former Vision Bank property Recommended action: Provide staff with direction regarding issuance of a bridge loan to Sherman Associates to finance a portion of the cost of acquisition of the former Vision Bank property, located at 4725 Hwy 7 in the Beltline Blvd Redevelopment Area. Policy consideration: Does the city council support providing a bridge loan to Sherman Associates for a portion of the costs of acquisition of the former Vision Bank property in the Beltline Blvd Redevelopment Area? Summary: The City and EDA have entered into a preliminary development agreement with Sherman Associates for redevelopment of the area surrounding the future SWLRT Beltline Station. In an effort to facilitate the timely acquisition of the former Vision Bank property located within the Beltline Station area and secure expanded development rights for the property, Sherman has secured a purchase agreement with the current owner of the property in the amount of $3.642 million. Closing would occur on April 5, 2019, prior to the condemnation proceedings by the Met Council for a transit easement for a 268-stall park-and- ride facility. The condemnation hearing is scheduled for April 10, 2019. By acquiring the property prior to the condemnation, Sherman will hold the underlying fee title to the property after condemnation. This will enable Sherman and Met Council to work cooperatively to refine the transit easement area, allowing for expanded development of the property beyond what is needed for the Met Council’s park and ride facility. Given the short time line, Sherman would not be able to obtain bridge financing from a commercial lender prior to the scheduled closing date. Sherman is requesting the EDA provide a short-term bridge loan of $3.1 million for a portion of the acquisition cost. The bridge loan would be secured by a first mortgage on the property and would bear a fair-market interest rate. It is expected that a majority of the principal would be repaid within 90-120 days after the condemnation is complete in late May, when Met Council will pay Sherman for the transit easement. Sherman will also be contributing approximately $800,000 in equity towards the acquisition, including closing costs. Financial or budget considerations: The source of the $3.1 million bridge loan would be the Development Fund. The bridge loan would accrue interest at a fair market rate and would be secured by a first mortgage on the property. The EDA would additionally secure repayment of the bridge loan through an interfund loan, allowing tax increments from a future project to reimburse the EDA for any remaining portion of the bridge loan. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting Documents: Discussion Map of Beltline Blvd. Redevelopment Area Maps depicting surface parking lot for Met Council park-and-ride facility Prepared by: Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager Special study session meeting of March 18, 2019 (Item No. 2) Page 2 Title: Bridge loan to Sherman Associates for acquisition of former Vision Bank property Discussion Background: In June 2018, the City and EDA entered into a preliminary development agreement with Sherman Associates for the development of the Southwest Light Rail Transit (SWLRT) Beltline Blvd Station Redevelopment site. A portion of the redevelopment plan included the Met Council’s acquisition of the former Vision Bank property located at 4725 Highway 7, for the construction of a park-and-ride facility for the station. Met Council has been unable to negotiate the acquisition of the property with the current owner and has begun condemnation proceedings to secure a transit easement on the property for a 268-stall park- and-ride facility. Since the Met Council initially expressed its intent to use this property for a park-and-ride surface lot a number of years ago, the city has continually expressed the strong desire to utilize the property for redevelopment beyond just a park-and-ride lot. In anticipation of this, the city secured a grant for the construction of a parking ramp that would provide the 268 parking stalls needed for the park-and-ride, as well as providing additional parking to serve any surrounding development and potentially allow for additional uses within the structure. The Met Council also agreed to commit $2.5 million towards the construction of the ramp in lieu of having to construct a surface parking lot on the site. To facilitate the construction of the parking ramp, the Met Council attempted to negotiate a purchase with the current owner to obtain full development rights to the property. Unfortunately, the Met Council has been unsuccessful in these negotiations and is at a point in which they need to proceed with condemnation in order to acquire the property in time to allow for SWLRT construction staging. Present considerations: After the Met Council’s failed attempts to negotiate with the current owner, in an effort to secure development rights to the parcel and not limit its use solely to a park-and-ride facility, Sherman Associates stepped in and negotiated a purchase agreement with the current property owner in the amount of $3.642 million, with closing to occur prior to the condemnation proceedings. Assuming Sherman takes title to the property prior to the condemnation hearing, Met Council will still proceed with the condemnation for a transit easement for 268 parking stalls for a public park-and-ride on the property. However, condemnation will proceed with Sherman as the property owner, and Sherman will then be able to work with Met Council to refine the transit easement area, allowing for expanded development of the property beyond the 268 parking stalls. Given the short time line, Sherman is not able to obtain commercial financing and has requested that the EDA provide a short-term bridge loan of $3.1 million to finance a portion of the acquisition cost. Sherman Associates will also be contributing approximately $800,000 in equity towards the acquisition, including closing costs. The proposed bridge loan would be secured by a first mortgage on the property and would bear a fair-market interest rate. In addition to the first mortgage on the property, EDA counsel has recommended that the EDA approve an interfund loan, which would allow the EDA to recoup any unpaid principal and interest of the bridge loan through Tax Increment Financing (TIF) revenue generated by the future development of the Beltline Blvd redevelopment area. It is anticipated that a majority of the principal would be repaid within 90-120 days after the condemnation is complete in late May, when Met Council pays Sherman the value of the transit easement. Any shortfall between the payment from the Met Council and the amount owed on Special study session meeting of March 18, 2019 (Item No. 2) Page 3 Title: Bridge loan to Sherman Associates for acquisition of former Vision Bank property the bridge loan would be negotiated in the Purchase and Redevelopment Agreement between the EDA and Sherman as a potential TIF-qualified cost, and would likely be repaid through the TIF stream generated by the project. If Sherman is unable to acquire the property prior to the April 10 condemnation hearing, the condemnation will proceed against the current fee-title owner, in an effort to secure a transit easement for the 268 parking stalls only. The current owner has indicated that they will contest the condemnation at the April 10 hearing, which would result in litigation likely to take several years. During that time, the current owner would be unlikely to entertain any offers to purchase the underlying fee title, as it would interfere with the litigation. After termination of the litigation, the Met Council would most likely proceed with constructing a 268-stall surface parking lot on the property. A surface lot of this size would not fit solely on the subject property, which would require the Met Council to condemn additional EDA-owned property within the redevelopment area to complete the surface lot, thereby reducing the available land for development. Next steps: • If the council is in agreement with providing a bridge loan to Sherman, staff will bring the loan agreement to the EDA for approval on April 1, 2019, and will bring an interfund loan and a first amendment to the preliminary development agreement to the EDA for approval at a future meeting. • April 5, 2019 – Sherman closing on former Vision Bank property • April 10, 2019 – Condemnation Hearing • End of May – Condemnation proceedings complete Vision Bank Site City-owned Properties CSAH 25 Beltline BlvdRegion al Tr ail Bri d g e Beltline L R T St ati o nOttowa AveBeltline Station Site Special study session meeting of March 18, 2019 (Item No. 2) Title: Bridge loan to Sherman Associates for acquisition of former Vision Bank property Page 4 Special study session meeting of March 18, 2019 (Item No. 2) Title: Bridge loan to Sherman Associates for acquisition of former Vision Bank property Page 5 DRAFT - WORK IN PROCESS BELTLINE STATION CONCEPT PLAN NOVEMBER 2015 TRAIL BRIDGE CEDAR LAKE REGIONAL TRAI L FREIGHT LRT TRACK 2 LRT TRACK 1 BELTLINE BLVD.CSAH 25 BUS STOPPASSENGER DROP-OFF0 25’50’100’ BELTLINE STATION Special study session meeting of March 18, 2019 (Item No. 2) Title: Bridge loan to Sherman Associates for acquisition of former Vision Bank property Page 6