HomeMy WebLinkAbout2019/04/01 - ADMIN - Agenda Packets - City Council - RegularAGENDA
APRIL 1, 2019
7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council chambers
1.Call to order
2.Roll call
3.Approval of minutes
3a. EDA meeting minutes March 4, 2019
4.Approval of agenda and items on EDA consent calendar
EDA consent calendar
4a. Accept for filing EDA disbursement claims for the period of February 23 through March 22,
2019.
4b. • Adopt EDA Resolution approving the Loan Agreement between the EDA and Sherman
Associates to finance a portion of the acquisition cost of 4725 Hwy 7.
• Adopt EDA Resolution authorizing an Interfund Loan for advance of certain costs in
connection with proposed Beltline Blvd Station Tax Increment Financing District.
5.Reports -- None
7.New business -- None
7:30 p.m. CITY COUNCIL MEETING – Council chambers
1.Call to order
1a. Pledge of allegiance
1b. Roll call
2. Presentations
2a. ParkTV month
3.Approval of minutes
3a. City council meeting minutes of March 4, 2019
3b. Study session minutes of March 11, 2019
3c. City council meeting minutes of March 18, 2018
3d. Special study session minutes of March 18, 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.)
Meeting of April 1, 2019
City council agenda
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. First reading of ordinance regulating mobility sharing operations
Recommended Action: Motion to approve first reading of the ordinance regulating mobility
sharing operations and set second reading for April 15, 2019.
8b. First reading of right-of-way ordinance
Recommended Action: Motion to approve first reading of the right-of-way ordinance and set
second reading for April 15, 2019.
9. Communications – None
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 April 1, 2019
City council agenda
Consent calendar
4a. Accept for filing city disbursement claims for the period of February 23, through March
22, 2019.
4b. Adopt Resolution approving final plans and specifications, and authorizing advertisement
for bids (4018-1050).
4c. Approve a temporary on-sale intoxicating liquor license for Church of the Holy Family at
5900 West Lake Street for their Spring Fling to be held May 11, 2019.
4d. Adopt Resolution approving final plans and specifications, and authorizing advertisement
for bids (Project No. 4019-1500).
4e. Adopt the updated private activity revenue bond policy.
4f. Designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a
contract with the firm in the amount of $9,134,438.93 for the 2019 Cedar Lake Road
Project No. 4019-1100.
4g. Designate GMH Asphalt Corporation the lowest responsible bidder and authorize
execution of a contract with the firm in the amount of $6,250,317.48 for the 2019
Pavement Management Project No. 4019-1000.
4h. Approve for filing planning commission minutes of February 20, 2019.
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: Economic development authority
Meeting date: April 1, 2019
Minutes: 3a
Unofficial minutes
Economic development authority
St. Louis Park, Minnesota
March 4, 2019
1. Call to order
Vice President Brausen called the meeting to order at 7:20 p.m.
Commissioners present: Vice President Tim Brausen, Rachel Harris, Anne Mavity, Margaret
Rog, and Jake Spano.
Commissioners absent: President Steve Hallfin and Commissioner Thom Miller.
Staff present: Executive Director (Mr. Harmening), City Attorney (Mr. Knutson), CFO (Mr.
Simon), CIO (Mr. Pires), Sr. Planner (Mr. Walther) Assistant Zoning Planner (Mr. Morrison),
Management Assistant (Ms. Carrillo Perez), and Recording Secretary (Ms. Pappas).
2. Roll call
3. Approval of minutes
3a. EDA meeting minutes of Jan. 22, 2019
It was moved by Commissioner Spano, seconded by Commissioner Harris, to approve the
EAD meeting minutes of Jan. 22, 2019, as presented.
The motion passed 5-0 (President Hallfin and Commissioner Miller absent).
3b. EDA meeting minutes of Feb. 4, 2019
It was moved by Commissioner Spano, seconded by Commissioner Harris, to approve the
EDA meeting minutes of Feb. 4, 2019, as presented.
The motion passed 5-0 (President Hallfin and Commissioner Miller absent).
4. Approval of agenda and items on EDA consent calendar
4a. Accept for filing EDA disbursement claims for the period of Jan. 26 – Feb. 22,
2019.
4b. Adopt EDA Resolution No. 19-02, approving the Assignment and Subordination
Agreement relative to the Purchase and Redevelopment Contract with 4900
Excelsior Apartments LLC.
It was moved by Commissioner Mavity, seconded by Commissioner Spano, to approve
the EDA agenda as presented and the items on the consent calendar.
Economic development authority meeting of April 1, 2019 (Item No. 3a) Page 2
Title: Economic development authority meeting minutes of March 4, 2019
The motion passed 5-0 (President Hallfin and Commissioner Miller absent).
5. Reports - None
6. Old Business - None
7. New Business - None
8. Communications
9. Adjournment
The meeting adjourned at 7:25 p.m.
______________________________________ ______________________________________
Melissa Kennedy, Secretary Steve Hallfin, President
Meeting: Economic development authority
Meeting date: April 1, 2019
Consent agenda item: 4a
Executive summary
Title: Approval of EDA disbursements
Recommended action: Motion to accept for filing EDA disbursement claims for the period of
February 23 through March 22, 2019.
Policy consideration: Does the EDA desire to approve EDA disbursements in accordance with
Article V – Administration of Finances, of the EDA bylaws?
Summary: The finance division prepares this report on a monthly basis for the EDA to review and
approve. The attached reports show both EDA disbursements paid by physical check and those
by wire transfer or Automated Clearing House (ACH) when applicable.
Financial or budget considerations: Review and approval of the information follows the EDA’s
charter and provides another layer of oversight to further ensure fiscal stewardship.
Strategic priority consideration: Not applicable.
Supporting documents: EDA disbursements
Prepared by: Kari Mahan, Accounting Clerk
Reviewed by: Tim Simon, Chief Financial Officer
Approved by: Nancy Deno, Deputy City Manager/HR Director
3/25/2019CITY OF ST LOUIS PARK 13:38:27
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1Page -Council Check Summary
Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
4,270.00CI UTILITIES MILL CITY G&A OTHER CONTRACTUAL SERVICES
4,270.00
1,000.00EHLERS & ASSOCIATES INC 2008B GO TAX INCREM BONDS G&A OTHER CONTRACTUAL SERVICES
1,251.00ELIOT PARK TIF DIST G&A OTHER CONTRACTUAL SERVICES
1,250.00WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICES
1,250.00ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES
1,250.00CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES
1,250.00MILL CITY G&A OTHER CONTRACTUAL SERVICES
1,250.00PARK COMMONS G&A OTHER CONTRACTUAL SERVICES
1,250.00ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES
1,249.00WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES
1,250.00HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES
12,250.00
2,468.70ELECTRICAL PRODUCTION SERVICES MILL CITY G&A OTHER CONTRACTUAL SERVICES
2,468.70
950.00FRIENDS OF THE ARTS PUBLIC ART OTHER CONTRACTUAL SERVICES
950.00
10,118.91HOISINGTON KOEGLER GROUP INC DEVELOPMENT - EDA G&A PLANNING
10,118.91
678.00KENNEDY & GRAVEN BELTLINE SWLRT DEVELOPMENT LEGAL SERVICES
678.00
3,000.00LOCKRIDGE GRINDAL NAUEN PLLP DEVELOPMENT - EDA G&A LEGAL SERVICES
3,000.00
1,900.00PARK THEATER COMPANY PUBLIC ART OTHER CONTRACTUAL SERVICES
1,900.00
325.00REDPATH & COMPANY DEVELOPMENT - EDA G&A AUDITING AND ACCOUNTING SERVIC
325.00
2,341.66SLP NEST DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES
2,341.66
60,734.08ST LOUIS PARK CONV & VISITORS BUREAU CONVENTION & VISITORS BUREAU COST REIMBURSEMENT-CVB
60,734.08
Economic development authority meeting of April 1, 2019 (Item No. 4a)
Title: Approval of EDA disbursements Page 2
3/25/2019CITY OF ST LOUIS PARK 13:38:27
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2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
Report Totals 99,036.35
Economic development authority meeting of April 1, 2019 (Item No. 4a)
Title: Approval of EDA disbursements Page 3
Meeting: Economic development authority
Meeting date: April 1, 2019
Consent agenda item: 4b
Executive summary
Title: Loan agreement with Sherman Associates Development LLC
Recommended action:
• Motion to adopt EDA Resolution approving the Loan Agreement between the EDA and
Sherman Associates to finance a portion of the acquisition cost of 4725 Hwy 7.
• Motion to adopt EDA Resolution authorizing an Interfund Loan for advance of certain costs
in connection with proposed Beltline Blvd Station Tax Increment Financing District.
Policy consideration: Does the EDA approve the proposed Loan Agreement between the EDA and
Sherman Associates to finance a portion of the acquisition cost of 4725 Hwy 7 in the Beltline Blvd
Station Area? Does the EDA support authorizing an Interfund Loan for advance of certain costs in
connection with the proposed Beltline Station Tax Increment Financing District?
Summary: As discussed at the March 18, 2019 special study session, Sherman Associates has a
purchase agreement to acquire the property at 4725 Hwy 7 (former Vision Bank property) for $3.6
million. The property is next to property owned by the EDA and city and subject to a Preliminary
Development Agreement between the EDA, city and Sherman Associates. Closing on the acquisition
is to occur on April 5, 2019, just prior to the condemnation hearing by the Met Council scheduled
for April 10, 2019 for a transit easement for a 268-stall park-and-ride facility on the property. 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 the Met Council to reach a mutually
acceptable transit easement sooner and allow for more flexible use of the property beyond a park
and ride facility exclusively. However, given the impending closing date, Sherman has insufficient
time to secure commercial financing. As a result, Sherman is requesting the EDA provide a bridge
loan of $3.1 million to finance acquisition of the property. The proposed loan agreement requires a
fair-market interest rate, has a short term (until June 30, 2020) and is secured by a first mortgage
on the property. The EDA would also have the ability to take title to the property for full payment
in the event of any shortfall. It is expected that the majority of the loan principal will be repaid
within 90-120 days after the condemnation is complete in late May, when Met Council is expected
to compensate Sherman for the transit easement. Sherman will also contribute 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 loan would accrue interest at a fair market rate of 3%. The EDA will
additionally secure repayment of the bridge loan through an interfund loan, allowing tax increment
from the future Beltline Blvd Station Tax Increment Financing District to reimburse the EDA for any
portion of the bridge loan that remains outstanding.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing
and neighborhood oriented development.
Supporting Documents: EDA resolutions
Loan agreement
Staff report of March 18, 2019
Prepared by: Greg Hunt Economic Development Coordinator
Reviewed by: Karen Barton, Community Development Director
Approved by: Nancy Deno, EDA Deputy Executive Director, Deputy City Manager
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 2
Title: Loan agreement with Sherman Associates Development LLC
St. Louis Park Economic Development Authority
Resolution No. 19 -
Resolution approving loan agreement between the St. Louis Park Economic
Development Authority and Sherman Associates Development LLC
Be it resolved by the Board of Commissioners ("Board") of the St. Louis Park Economic
Development Authority ("Authority") as follows:
Section 1. Recitals.
1.01. The Authority is currently administering its Redevelopment Project No. 1 ("Project")
pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"), and is pursuing the
establishment of a tax increment financing district within the Project to finance a portion of the
costs of expected mixed-use development in connection with the planned Southwest Light Rail
Transit (“SWLRT”) Beltline Station.
1.02. The Authority, the City of St. Louis Park (the “City”), and Sherman Associates
Development LLC (“Redeveloper”) have entered into a Preliminary Development Agreement dated
as of February 5, 2018 (the “Preliminary Agreement”), memorializing the parties’ preliminary
agreements as to the conveyance and redevelopment of certain Authority-owned property
adjacent to the SWLRT Beltline Station (the “Development”), as well as the redevelopment of
certain other property (the “Property”) currently owned by a third party (the “Third-Party Owner”),
subject to successful acquisition of the Property for the Development.
1.03. In order to expedite acquisition of the Property for the Development and to
successfully negotiate and execute a definitive purchase and redevelopment contract as
contemplated by the Preliminary Agreement, the Redeveloper has entered into a purchase
agreement with the Third-Party Owner for acquisition of the Property, and has requested a bridge
loan from the Authority (the “Loan”) to finance a portion of the acquisition costs of the Property.
1.04. The Redeveloper and the Authority have negotiated a loan agreement (the “Loan
Agreement”) in the form presented to the Board, memorializing the terms and conditions of the
Loan, and the Board finds that the approval and execution thereof and performance of the
Authority's obligations thereunder are in the best interest of the City and its residents.
Section 2. Authority Approval; Other Proceedings.
2.01. The Loan Agreement as presented to the Board is hereby in all respects approved,
subject to modifications that do not alter the substance of the transaction and that are approved
by the President and Executive Director, provided that execution of the Loan Agreement by such
officials shall be conclusive evidence of approval.
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 3
Title: Loan agreement with Sherman Associates Development LLC
2.02. The President and Executive Director are hereby authorized to execute on behalf of
the Authority the Loan Agreement and any documents referenced therein requiring execution by
the Authority, and to carry out on behalf of the Authority its obligations thereunder.
2.03. Authority staff and consultants are authorized to take any actions necessary to carry
out the intent of this resolution.
Reviewed for Administration: Adopted by the Economic Development
Authority April 1, 2019
Thomas K. Harmening, Executive Director Steve Hallfin, President
Attest:
Melissa Kennedy, Secretary
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 4
Title: Loan agreement with Sherman Associates Development LLC
St. Louis Park Economic Development Authority
Resolution No. 19 –
Authorizing Interfund Loan for advance of certain costs in connection with
proposed Beltline Blvd Station Tax Increment Financing District
Be it resolved by the Board of Commissioners of the St. Louis Park Economic Development
Authority (the “Authority”) as follows:
Section 1. Background.
1.01. The Authority intends to establish a Tax Increment Financing District (the “TIF
District”) within its Redevelopment Project No. 1 (the "Redevelopment Project") in connection with
the development of the proposed Southwest Light Rail Transit Beltline Station, pursuant to
Minnesota Statutes, Sections 469.174 to 469.1794, as amended and Sections 469.090 to 469.1082,
as amended (together, the “Act”). In connection with establishment of the TIF District, the
Authority will approve a Tax Increment Financing Plan for the TIF District (the “TIF Plan”).
1.02. The Authority may incur certain costs related to the TIF District, which costs may be
financed on a temporary basis from legally available Authority or City funds.
1.03. Under Section 469.178, Subdivision 7 of the Act, the Authority is authorized to
advance or loan money from any fund from which such advances may be legally made in order to
finance expenditures that are eligible to be paid with tax increments under the Act.
1.04. The Authority expects to finance $3,100,000 in costs related to land acquisition (the
“Qualified Costs”) using Authority or City funds legally authorized for such purpose, and to
reimburse such funds from tax increments from the TIF District when received.
1.05. The Authority has also determined that it may be necessary to finance up to $25,000
in administrative costs associated with the TIF District (the “Administrative Costs”) using Authority
or City funds legally authorized for such purpose, and to reimburse such funds from tax increments
from the TIF District when received.
1.06. The Authority intends to designate such advances as an interfund loan in accordance
with the terms of this resolution and the TIF Act.
Section 2. Repayment of Interfund Loan.
2.01. The Authority hereby authorizes the advance of up to $3,100,000 in legally available
Authority or City funds to pay the Qualified Costs, plus up to $25,000 to pay the Administrative
Costs, for a total aggregate principal amount of $3,125,000, together with interest at the rate of 5%
per annum (the “Interfund Loan”). Interest shall accrue on the principal amount of each advance
from the date of such advance. The interest rate is no more than the greatest of the rate specified
under Minnesota Statutes, Section 270C.40 and Section 549.09, both in effect for calendar year
2019, and will not be adjusted.
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 5
Title: Loan agreement with Sherman Associates Development LLC
2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-
annually on each August 1 and February 1 (each a “Payment Date”), commencing on the first
Payment Date on which the Authority receives Available Tax Increment (defined below), or on any
other dates determined by the City Manager, through the date of last receipt of tax increment from
the TIF District.
2.03. Payments on the Interfund Loan will be made solely from Available Tax Increment,
defined as tax increment from the TIF District received by the Authority from Hennepin County in
the six-month period before any Payment Date. Payments shall be applied first to accrued interest,
and then to unpaid principal. Payments on this Interfund Loan may be subordinated to any
outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax
Increment, and are on a parity with any other outstanding or future interfund loans secured in
whole or in part with Available Tax Increment.
2.04. The principal sum and all accrued interest payable under this resolution is pre-
payable in whole or in part at any time by the Authority without premium or penalty.
2.05. This resolution is evidence of an internal borrowing by the Authority in accordance
with Section 469.178, subdivision 7 of the Act, and is a limited obligation payable solely from
Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan
shall not be deemed to constitute a general obligation of the State of Minnesota or any political
subdivision thereof, including, without limitation, the Authority and the City. Neither the State of
Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest
on the Interfund Loan or other costs incident hereto except out of Available Tax Increment. The
Authority shall have no obligation to pay any principal amount of the Interfund Loan or accrued
interest thereon, which may remain unpaid after the final Payment Date.
2.06. The Authority may at any time make a determination to forgive the outstanding
principal amount and accrued interest on the Interfund Loan to the extent permissible under law.
2.07. The Authority may from time to time amend the terms of this Resolution to the
extent permitted by law, including without limitation amendment to the payment schedule and the
interest rate; provided that the interest rate may not be increased above the maximum specified in
Section 469.178. subd. 7 of the Act.
Section 3. Effective Date. This resolution is effective upon approval.
Reviewed for Administration: Adopted by the Economic Development
Authority April 1, 2019
Thomas K. Harmening, Executive Director Steve Hallfin, President
Attest:
Melissa Kennedy, Secretary
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 6
Title: Loan agreement with Sherman Associates Development LLC
LOAN AGREEMENT
This Loan Agreement (“Agreement”) is made this ____day of April, 2019, between Sherman
Associates Development LLC, a Minnesota limited liability company ("Borrower") and the St. Louis
Park Economic Development Authority ("Lender"), a public body corporate and politic under the
laws of Minnesota.
RECITALS
A. The Lender, the Borrower, and the City of St. Louis Park have previously entered into a
Preliminary Development Agreement dated as of February 5, 2018 (the “Preliminary Agreement”),
contemplating the redevelopment of certain property in the City of St. Louis Park, including certain
property described in the Preliminary Agreement as the “Council Property” and described in Exhibit A
hereto.
B. In order to facilitate the acquisition of the Council Property by the Borrower by the
required closing date under Borrower’s purchase agreement for the Council Property, Borrower has
requested a bridge loan to finance a portion of the purchase price of the Council Property (the
“Acquisition Cost”).
C. Lender agrees to loan to Borrower the sum of $3,100,000 to finance a portion of the
Acquisition Cost of the Council Property, pursuant to the terms and conditions of this Agreement.
D. In consideration for the loan contemplated by this Agreement, Borrower is executing
and delivering to Lender this Agreement.
ACCORDINGLY, to induce Lender to make the Loan (as defined hereinafter) to Borrower, and
for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
1. The Loan Amount. Subject to and upon the terms and conditions of this Agreement,
Lender agrees to loan to Borrower the sum of Three Million One Hundred Thousand and no/100ths
Dollars ($3,100,000) (the “Loan”). The Loan shall be evidenced by a promissory note ("Note") payable
by Borrower to Lender and substantially in the form of Exhibit B attached to this Agreement, which
shall be dated as of the date of closing on the Loan (the “Loan Closing Date”). Proceeds of the Loan
shall be disbursed in accordance with Section 3 hereof.
2. Repayment of Loan. The Loan shall be repaid with interest as follows:
(a) Simple interest at the rate of three percent (3%) per annum shall accrue from
the Loan Closing Date until the Loan is repaid in full.
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 7
Title: Loan agreement with Sherman Associates Development LLC
(b) The entire amount of principal and accrued interest on the Loan shall be due
and payable on April 30, 2022. The Borrower may prepay the Loan, in whole or in part, on any
date.
(c) If the parties hereto successfully negotiate and execute a definitive Purchase
and Redevelopment Contract as contemplated under the Preliminary Agreement, the parties
to this Agreement may amend the terms of this Agreement in any manner mutually agreed by
the parties to be in the best interest of the City, the Lender, and the Borrower, including
without limitation the inclusion of any unpaid balance of the Loan as a qualified
redevelopment cost pursuant to Minnesota Statutes, Sections 469.174 to 469.1794.
3. Disbursement of Loan Proceeds.
(a) The proceeds of the Loan shall be wired to the title company responsible for
closing on the conveyance of the Council Property to the Borrower (“Title”) on or before the
Loan Closing Date, to be held by Title and applied to payment of the Acquisition Cost on the
Loan Closing Date in accordance with the terms and conditions of this Agreement.
Notwithstanding anything to the contrary herein, any excess of the Acquisition Cost over the
principal amount of the Loan shall be the sole responsibility of the Borrower.
(b) Disbursement of the proceeds of the Loan will be made subject to the
conditions precedent that on or prior to the Loan Closing Date:
(i) The Lender has received from Borrower, without expense to Lender,
executed copies of this Agreement and the Note, and Borrower further having caused
to be executed and delivered to Lender a mortgage in substantially the form set forth
hereto at Exhibit C (the “Mortgage”);
(ii) The Lender has received a copy of the settlement statement from Title,
evidencing the Acquisition Cost in at least the amount of the Loan;
(iii) The Lender has received a signed acknowledgement from Title of the
Lender’s letter of instruction regarding disbursement of the proceeds of the Loan.
(iv) No Event of Default under this Agreement or the Preliminary
Agreement shall have occurred and be continuing.
4. No Business Subsidy. The parties agree and acknowledge that the Loan is not a
business subsidy as defined in Minnesota Statutes, Sections 116J.993 to 116J.995, because the Loan
carries an interest rate which is not lower than those commercially available to the Borrower.
5. Representations and Warranties. Borrower represents and warrants to Lender that:
(a) Borrower is duly authorized and empowered to execute, deliver, and perform
this Agreement and to borrow money from Lender.
(b) The execution and delivery of this Agreement, and the performance by
Borrower of its obligations hereunder, do not and will not violate or conflict with any provision
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 8
Title: Loan agreement with Sherman Associates Development LLC
of law and do not and will not violate or conflict with, or cause any default or event of default
to occur under, any agreement binding upon Borrower.
(c) The execution and delivery of this Agreement has been duly approved by all
necessary action of Borrower, and this Agreement has in fact been duly executed and
delivered by Borrower and constitutes its lawful and binding obligation, legally enforceable
against it.
(d) Borrower warrants that it shall keep and maintain books, records, and other
documents relating directly to the receipt and disbursements of Loan proceeds and that any
duly authorized representative of Lender shall, at all reasonable times, have access to and the
right to inspect, copy, audit, and examine all such books, records, and other documents of
Borrower pertaining to the Loan until the completion of all closeout procedures and the final
settlement and conclusion of all issues arising out of this Loan.
(e) Borrower warrants that it has fully complied with all applicable state and
federal laws pertaining to its business and will continue to comply throughout the terms of this
Agreement. If at any time Borrower receives notice of noncompliance from any governmental
entity, Borrower agrees to take any necessary action to comply with the state or federal law in
question.
(f) Borrower warrants that it will use the proceeds of the Loan made by Lender
solely for the Acquisition Cost of the Council Property.
(g) Borrower warrants that it will not create, permit to be created, or allow to exist
any liens, charges, or encumbrances prior to the obligation created by this Loan Agreement,
except as otherwise authorized in writing by Lender.
6. Event of Default by Borrower. The following shall be Events of Default under this
Agreement:
(a) failure to pay any principal or interest on the Loan when due;
(b) any representation or warranty made by Borrower herein or in any document,
instrument, or certificate given in connection with this Agreement, the Note, or the Mortgage
is false when made;
(c) Borrower fails to pay its debts as they become due, makes an assignment for
the benefit of its creditors, admits in writing its inability to pay its debts as they become
due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law,
state or federal, now or hereafter existing, becomes "insolvent" as that term is generally
defined under the Federal Bankruptcy Code, files an answer admitting insolvency or inability
to pay its debts as they become due in any involuntary bankruptcy case commenced against
it, or fails to obtain a dismissal of such case within thirty (30) days after its commencement
or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or
be the subject of an order for relief in such bankruptcy case, or be adjudged a bankrupt or
insolvent, or has a custodian, trustee, or receiver appointed for, or has any court take
jurisdiction of its property, or any part thereof, in any proceeding for the purpose of
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 9
Title: Loan agreement with Sherman Associates Development LLC
reorganization, arrangement, dissolution, or liquidation, and such custodian, trustee, or
receiver is not discharged, or such jurisdiction is not relinquished, vacated, or stayed within
thirty (30) days of the appointment;
(d) a garnishment summons or writ of attachment is issued against or served
upon Lender for the attachment of any property of Borrower in Lender's possession or any
indebtedness owing to Borrower, unless appropriate papers are filed by Borrower contesting
the same within thirty (30) days after the date of such service or such shorter period of time as
may be reasonable in the circumstances;
(e) Borrower breaches or fails to perform any other term or condition of this
Agreement not specifically described as an Event of Default in this Agreement and such breach
or failure continues for a period of thirty (30) days after Lender has given written notice to
Borrower specifying such default or breach, unless Lender agrees in writing to an extension of
such time prior to its expiration; provided, however, if the failure stated in the notice cannot
be corrected within the applicable period, Lender will not unreasonably withhold its consent to
an extension of such time if corrective action is instituted by Borrower within the applicable
period and is being diligently pursued until the Default is corrected, but no such extension shall
be given for an Event of Default that can be cured by the payment of money (i.e., payment of
taxes, insurance premiums, or other amounts required to be paid hereunder);
(f) any breach by Borrower of any other agreement between Borrower and Lender
and/or the City.
7. Lender's Remedies upon Borrower's Default. Upon an Event of Default by Borrower
and after provision by Lender of written notice, Lender shall have the right to exercise any or all of the
following remedies (and any other rights and remedies available to it):
(a) declare the principal amount of the Loan and any accrued interest thereon to
be immediately due and payable upon providing written notice to Borrower;
(b) suspend its performance under this Loan Agreement;
(c) take any action provided for at law to enforce compliance by Borrower with the
terms of this Agreement and the Note;
(d) exercise its rights under the Mortgage.
In addition to any other amounts due on the Loan, and without waiving any other right of
Lender under any this Agreement or any other instrument securing the Loan applicable documents,
Borrower shall pay to Lender a late fee of $250 for any payment not received in full by Lender
within 30 calendar days of the date on which it is due. Furthermore, interest will continue to
accrue on any amount due until the date on which it is paid to Lender, and all such interest will be
due and payable at the same time as the amount on which it has accrued.
8. Lender's Costs of Enforcement of Agreement. If an Event of Default has occurred as
provided herein, then upon demand by Lender, Borrower shall pay or reimburse Lender for all
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 10
Title: Loan agreement with Sherman Associates Development LLC
expenses, including all attorneys’ fees and expenses incurred by Lender in connection with the
enforcement of this Agreement and the Note, or in connection with the protection or enforcement of
the interests and collateral security of Lender in any litigation or bankruptcy or insolvency proceeding
or in any action or proceeding relating in any way to the transactions contemplated by this
Agreement.
9. Indemnification.
(a) Borrower shall and does hereby agree to indemnify against and to hold Lender, and its
officers, agents, and employees, harmless of and from any and all liability, loss, or damage that it may
incur under or by reason of this Agreement, and of and from any and all claims and demands
whatsoever that may be asserted against Lender by reason of any alleged obligations or undertakings
on its part to perform or discharge any of the terms, covenants, or agreements contained herein.
(b) Should Lender, or its officers, agents, or employees incur any such liability or be
required to defend against any claims or demands pursuant to this Section, or should a judgment
be entered against Lender, the amount thereof, including costs, expenses, and attorneys’ fees, shall
bear interest thereon at the rate then in effect on the Note, shall be secured hereby, shall be added
to the Loan, and Borrower shall reimburse Lender for the same immediately upon demand, and
upon the failure of Borrower to do so, Lender may declare the Loan immediately due and payable.
(c) This indemnification and hold harmless provision shall survive the execution,
delivery, and performance of this Agreement and the creation and payment of any indebtedness to
Lender. Borrower waives notice of the acceptance of this Agreement by Lender.
(d) Nothing in this Agreement shall constitute a waiver of or limitation on any immunity
from or limitation on liability to which Borrower is entitled under law.
10. Miscellaneous.
(a) Waiver. The performance or observance of any promise or condition set forth in this
Agreement may be waived, amended, or modified only by a writing signed by Borrower and Lender.
No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any
single or partial exercise of any other power, right, or remedy.
(b) Assignment. This Agreement shall be binding upon Borrower and its successors and
assigns and shall inure to the benefit of Lender and its successors and assigns. All rights and powers
specifically conferred upon Lender may be transferred or delegated by Lender to any of its successors
and assigns. Borrower's rights and obligations under this Agreement may be assigned only when such
assignment is approved in writing by Lender.
(c) Governing Law. This Agreement is made and shall be governed in all respects by the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any
objection to the jurisdiction of these courts, whether based on convenience or otherwise.
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 11
Title: Loan agreement with Sherman Associates Development LLC
(d) Severability. If any provision or application of this Agreement is held unlawful or
unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or
applications that can be given effect, and this Agreement shall be construed as if the unlawful or
unenforceable provision or application had never been contained herein or prescribed hereby.
(e) Notice. All notices required hereunder shall be given by depositing in the U.S. mail,
postage prepaid, certified mail, return receipt requested, to the following addresses (or such other
addresses as either party may notify the other):
To Lender: St. Louis Park Economic Development Authority
5005 Minnetonka Boulevard
St. Louis Park, MN 55416
Attn: Executive Director
To Borrower: Sherman Associates Development LLC
233 Park Avenue South, Suite 201
Minneapolis, MN 55415
Attn: George Sherman
(f) Termination. If the Loan is not disbursed pursuant to this Agreement by April 10,
2019, this Agreement shall terminate and neither party shall have any further obligation to the
other, except that if the Loan is not disbursed because Borrower has failed to use its best efforts to
comply with the conditions set forth in Section 3 of this Agreement then Borrower shall pay to
Lender all reasonable attorneys’ fees, costs, and expenses incurred by Lender in connection with
this Agreement and the Note.
(g) Entire Agreement. This Agreement, together with the Exhibits hereto, which are
incorporated by reference, constitutes the complete and exclusive statement of all mutual
understandings between the parties with respect to this Agreement, superseding all prior or
contemporaneous proposals, communications, and understandings, whether oral or written,
concerning the Loan.
(h) Headings. The headings appearing at the beginning of the several sections contained in
this Agreement have been inserted for identification and reference purposes only and shall not be
used in the construction and interpretation of this Agreement.
(The remainder of this page is intentionally left blank.)
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 12
Title: Loan agreement with Sherman Associates Development LLC
IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the proper officers
thereunto duly authorized on the day and year first written above.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
By: _________________________________
Its President
By: _________________________________
Its Executive Director
[SIGNATURE PAGE TO LOAN AGREEMENT – ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY]
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 13
Title: Loan agreement with Sherman Associates Development LLC
SHERMAN ASSOCIATES DEVELOPMENT LLC
By: _________________________________
Title: _______________________________
[SIGNATURE PAGE TO LOAN AGREEMENT – SHERMAN ASSOCIATES]
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 14
Title: Loan agreement with Sherman Associates Development LLC
EXHIBIT A
COUNCIL PROPERTY
Parcel 1:
That part of Lot 1, Block 1, BROOKS MCCRACKEN INDUSTRIAL PARK, embraced within that part of Lot
4, Block 1, DALQUIST INDUSTRIAL PARK lying Easterly of Belt Line Boulevard and Lots 5, 6, 11, and 12,
Block 1, LEWISTON PARK, including adjacent ½ of vacated alley.
Parcel 2:
That part of Lot 1, Block 1, BROOKS MCCRACKEN INDUSTRIAL PARK, embraced within Lots 1 through 4
inclusive and Lots 13 through 16 inclusive of Block 1, LEWISTON PARK, including adjacent ½ of vacated
alley.
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 15
Title: Loan agreement with Sherman Associates Development LLC
EXHIBIT B
PROMISSORY NOTE
-$3,100,000-
April __, 2019
-3%-
Sherman Associates Development, LLC, a Minnesota limited liability company (“Maker”), for
value received, hereby promises to pay to the St. Louis Park Economic Development Authority, a
public body corporate and politic under the laws of Minnesota or its assigns (Authority and any assigns
are collectively referred to herein as "Holder"), at its designated principal office or such other place as
the Holder may designate in writing, the principal sum of Three Million One Hundred Thousand and
no/100ths Dollars ($3,100,000), with interest as hereinafter provided, in any coin or currency that at
the time or times of payment is legal tender for the payment of private debts in the United States of
America. The principal of and interest on this Note are payable as follows:
1. Simple interest at the rate of three percent (3%) per annum shall accrue from the Loan
Closing Date, as defined in the loan agreement between Borrower and Lender dated as of April __,
2019 ("Loan Agreement") until the Loan is repaid in full.
2. The entire amount of principal of and interest accrued on this Note shall be due and
payable on April 30, 2022.
3. The Maker shall have the right to prepay the principal of this Note, in whole or in part,
with interest accrued to the date of such prepayment, on any date.
4. This Note is given pursuant to the Loan Agreement, and secured by a mortgage of
even date herewith delivered by Borrower (the “Mortgage”). If any such security is found to be
invalid for whatever reason, such invalidity shall constitute an Event of Default hereunder.
All of the agreements, conditions, covenants, provisions, and stipulations contained in the Loan
Agreement, the Mortgage, or any other instrument securing this Note are hereby made a part of this
Note to the same extent and with the same force and effect as if they were fully set forth herein. It is
agreed that time is of the essence of this Note. If an Event of Default occurs under the Loan
Agreement, the Mortgage, or any other instrument securing this Note, then the Holder of this Note
may at its right and option, without notice, declare immediately due and payable the principal balance
of this Note and interest accrued thereon, together with reasonable attorneys’ fees and expenses
incurred by the Holder of this Note in collecting or enforcing payment hereof, whether by lawsuit or
otherwise, and all other sums due hereunder or any instrument securing this Note. The Maker of this
Note agrees that the Holder of this Note may, without notice to and without affecting the liability of
the Maker, accept additional or substitute security for this Note, or release any security or any party
liable for this Note or extend or renew this Note.
5. The remedies of the Holder of this Note as provided herein, and in the Loan
Agreement, the Mortgage, or any other instrument securing this Note shall be cumulative and
concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 16
Title: Loan agreement with Sherman Associates Development LLC
Holder of this Note, may be exercised as often as occasion therefor shall occur; and the failure to
exercise any such right or remedy shall in no event be construed as a waiver or release thereof.
The Holder of this Note shall not be deemed, by any act of omission or commission, to have
waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the
Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one
event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a
subsequent event. This Note may not be amended, modified, or changed except only by an
instrument in writing signed by the party against whom enforcement of any such amendment,
modifications, or change is sought.
6. If any term of this Note, or the application thereof to any person or circumstances
shall, to any extent, be invalid or unenforceable, the remainder of this Note, or the application of such
term to persons or circumstances other than those to which it is invalid or unenforceable shall not be
affected thereby, and each term of this Note shall be valid and enforceable to the fullest extent
permitted by law.
7. It is intended that this Note is made with reference to and shall be construed as a
Minnesota contract and is governed by the laws thereof. Any disputes, controversies, or claims
arising out of this Note shall be heard in the state or federal courts of Minnesota, and all parties to
this Note waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
8. The performance or observance of any promise or condition set forth in this Note may
be waived, amended, or modified only by a writing signed by the Maker and the Holder. No delay in
the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial
exercise of any other power, right, or remedy.
9. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to
exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened,
and have been performed in regular and due form as required by law.
IN WITNESS WHEREOF, the Maker has caused this Note to be duly executed as of the
________ day of April, 2019.
SHERMAN ASSOCIATES DEVELOPMENT LLC
By: _________________________________
Title: _______________________________
Economic development authority meeting of April 1, 2019 (Item No. 4b) Page 17
Title: Loan agreement with Sherman Associates Development LLC
EXHIBIT C
MORTGAGE
Meeting: City council
Meeting date: April 1, 2019
Presentation: 2a
Executive summary
Title: ParkTV month
Recommended action: Mayor is asked to read the proclamation designating April 2019 as
ParkTV month
Policy consideration: Not applicable
Summary: Local access television programming supports the city’s strategic direction of
creating opportunities to build social capital through community engagement by fostering and
facilitating transparency between the community and the city. Each year, dozens of St. Louis
Park community members contribute content, time and services to the city’s cable channel
programming. In addition, ParkTV on-location staff receive invaluable services from volunteer
announcers.
This year, ParkTV is recognizing these individuals and their commitment to local programming
at an event Thursday, April 4, 5-7 p.m. at St. Louis Park City Hall. In addition to recognition, this
event allows an opportunity to share programming from the past few years and to build
connections among these many talented and dedicated community members.
Financial or budget considerations: None
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Proclamation
Prepared by: Jacque Smith, Communications and Marketing Manager
Reviewed by: Clint Pires, Chief Information Officer
Approved by: Nancy Deno, Deputy City Manager/HR Director
City council meeting of April 1, 2019 (Item No. 2a) Page 2
Title: ParkTV month
Proclamation
ParkTV month
April 2019
Whereas, local access cable television programming is an important resource
provided to the St. Louis Park community; and
Whereas, local programming supports the city’s strategic direction of creating
opportunities to build social capital through community engagement by fostering and
facilitating transparency between the community and the city; and
Whereas, dozens of St. Louis Park community members contributed content,
time and services to the city’s cable channel programming from 2016 through 2018; and
Whereas, the ParkTV on-location staff of a program producer and production
assistants was assisted by volunteer announcers.
Now therefore, let it be known that the mayor and city council of the City of St.
Louis Park do hereby proclaim April 2019 as ParkTV local programming month and call
upon all residents and civic organizations to be aware of the quality programming
produced by dozens of dedicated residents and staff, and to recognize the contributions
they make every day to discovering, recording, reporting, editing, cablecasting and
webstreaming the stories and events that make St. Louis Park a remarkable community.
Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to
be affixed this first day of April, 2019.
_________________________________
Jake Spano, Mayor
Meeting: City council
Meeting date: April 1, 2019
Minutes: 3a
Unofficial minutes
City council meeting
St. Louis Park, Minnesota
March 4, 2019
1. Call to order
Mayor Spano called the meeting to order at 7:30 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Rachel Harris, Anne Mavity, and
Margaret Rog.
Councilmembers absent: Steve Hallfin and Thom Miller.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Knutson), CFO (Mr. Simon),
CIO (Mr. Pires), Sr. Planner (Mr. Walther) Assistant Zoning Planner (Mr. Morrison),
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
2a. Donations
Councilmember Brausen acknowledged a $5,000 donation made by Roller Gardens on
the occasion of their 50th anniversary for fitness equipment for the city police
department. He stated the Roller Gardens thanked police officers for all of their
assistance over the years.
3. Approval of minutes
3a. Study session meeting minutes Jan. 28, 2019
It was moved by Councilmember Rog, seconded by Councilmember Harris, to approve
the study session meeting minutes of Jan. 28, 2019, as presented.
The motion passed 5-0 (Councilmembers Hallfin and Miller absent).
3b. City council meeting minutes Feb. 4, 2019
It was moved by Councilmember Harris, seconded by Councilmember Rog, to approve
the city council meeting minutes of Feb. 4, 2019, as presented.
City council meeting of April 1, 2019 (Item No. 3a) Page 2
Title: City council meeting minutes of March 4, 2019
The motion passed 5-0 (Councilmembers Hallfin and Miller absent).
4. Approval of agenda and items on consent calendar
4a. Accept for filing city disbursement claims for the period of January 26, through
February 22, 2019.
4b. Moved to 8b.
4c. Adopt Resolution No. 19-027 approving plans and specifications and authorizing
advertisement for bids for the renovation of the tennis courts at Carpenter Park
and the construction of pickleball courts at Wolfe Park.
4d. Adopt Resolution No. 19-028 approving acceptance of a monetary donation
from the Roller Garden dedicated to providing fitness equipment for the police
department.
4e. Approve a temporary extension of the licensed premises for one-day events at
Copperwing Distillery, located at 6409 Cambridge Street.
4f. Adopt Resolution No. 19-029 approving the execution of documents in
connection with a partial release of property related to the Urban Park
Apartments.
4g. Approve replacement of 2004 Ford L8500 Dump Truck.
4h. Adopt Resolution No. 19-030 accepting work and authorizing final payment in
the amount of $143,305.60 for project no. 4017-1000 pavement management
and Connect the Park (Area 4) with C & L Excavating, Inc., Contract No. 53-17.
4i. Approve for filing planning commission minutes of Jan. 16, 2019.
4j. Approve for filing planning commission minutes of Feb. 6, 2019.
4k. Approve for filing parks & recreation advisory commission minutes of Dec. 4,
2018.
4l. Approve for filing fire civil service commission minutes of Oct. 3, 2018.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to
approve the agenda and items listed on the consent calendar as amended to move
consent calendar item 4b to the regular agenda as item 8b; and to waive reading of all
resolutions and ordinances.
The motion passed 5-0.
5. Boards and commissions – none
6. Public hearings
6a. 2019 General Obligation tax abatement bonds – WHNC project. Resolution No.
19-031.
Mr. Simon presented the staff report.
Mayor Spano asked the difference between the interest rate and the true interest rate
(TIR) of the bonds. Mr. Simon stated the TIR is an accumulation of all related costs, plus
interest coupons over the life of the bonds. Mr. Simon stated the G.O. tax abatement
City council meeting of April 1, 2019 (Item No. 3a) Page 3
Title: City council meeting minutes of March 4, 2019
bonds are estimated to have a true interest rate of 3.57% over the 15-year term of the
bonds, adding the bonds will be consolidated with the city’s other 2019 bonds for the
upcoming sale date on March 18, 2019.
Councilmember Brausen asked if the tax abatement bonds will be issued as part of the
larger package of general obligation bonds. Mr. Simon stated yes.
Councilmember Brausen asked if the use of tax abatement bonds will have any impact
on interest rates. Mr. Simon stated no, because these are all general obligation bonds.
Mayor Spano opened the public hearing. No speakers were present. Mayor Spano
closed the public hearing.
Councilmember Rog explained why she is voting against this resolution. She stated
she is disappointed with the willingness being shown tonight to circumvent the long-
held tradition in St. Louis Park of requiring 6 votes to approve a bond measure.
Councilmember Rog stated it goes against the spirit of requiring near-unanimous
agreement on major debt accrued on behalf of residents. She added with this change in
tactic, in order to push the financing through with only 5 votes, she feels like something
is being lost, and that residents are losing something also.
Councilmember Rog stated the requirement of 6 approvals on bonding votes has been
so time-honored that council members who voted against authorizing a project have
traditionally turned around and voted in favor of the financing, in order to honor that
norm of 6 votes.
Councilmember Rog said she knows Councilmember Miller has expressed a similar
viewpoint, as have many residents, noting that approving a project and financing a
project are inseparable when it comes to committing and voting. She stated the project
and how much it costs, are inextricably linked.
Councilmember Rog reiterated her support of Westwood Hills Nature Center staff and
programs, but stated the cost is just too high – and the fact that the city is paying
interest only for the first couple years to avoid shocking residents with the price tag,
suggests the city may have bought too much house.
Councilmember Rog stated when it became clear that at least 2 council members
weren’t able to separate the project from the price tag, a return to the table was
warranted to discuss the project and a price point that had the support it needed.
She added this is a done deal – beautiful resource, and much enjoyed.
Councilmember Mavity stated the council has spoken to this project, adding she agrees
and disagrees with Councilmember Rog. She stated the council has approved this
project and city staff was directed to make this happen. She stated this is a vote to
determine financing. She also noted she has been on the losing side of a vote in the past
and did decide to turn her vote around and approve a project because it was the most
City council meeting of April 1, 2019 (Item No. 3a) Page 4
Title: City council meeting minutes of March 4, 2019
cost-effective for residents. She stated the financing for the nature center is the most
cost-effective way to pay for the project and she appreciates staff’s work on it.
Councilmember Brausen agreed with Councilmember Mavity, adding this is about how
the city will finance this project. He noted contracts are signed and building has begun.
He stated the council can do one of three things, if not approving the financing
presented tonight. The council can assess costs next year, and share the cost in that
burden with all residents, or spread the costs out over 15 years thereby spreading the
burden to all residents – both current and future, or the city can breach the contract.
Councilmember Brausen stated he will support the bonding presented here tonight and
hopes his colleagues will all agree to that as well.
Councilmember Harris stated she supports the method of using bonding to pay for the
nature center, adding the choice about whether to build or not build the nature center
has come and gone, and the council has decided to build it. She thanked staff for their
work on this project.
Mayor Spano added he has been on the council for 7 years, and in the past when a vote
was taken to approve a project, that was that, the vote was over and folks moved on. He
stated while he respects both Councilmembers Rog and Miller points of view that the
project and financing are not separate, he asked that Councilmembers Rog and Miller
also respect the majority vote of the council as well. He added if the majority of the
council wants to move forward on a project, staff does have to find ways to make that
happen.
Councilmember Rog reiterated that staff did as they were asked to do, and she has no ill
will to staff and respects staff for the work they have done.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to adopt
Resolution No. 19-031, approving a property tax abatement for the construction of the
new Westwood Hills Nature Center (WHNC) project.
The motion passed 4-1 (Councilmember Rog opposed; Councilmembers Hallfin and Miller
absent).
7. Requests, petitions, and communications from the public – None
8. Resolutions, ordinances, motions and discussion items
8a. First reading of ordinance – zoning text amendment for small wireless
facilitates.
Mr. Morrison presented the staff report. He stated the council will need to determine if
they will establish land use controls on small wireless facilities located on private or
government-owned property. He pointed out the amendment will establish regulations
for small wireless facilities intended to protect the health, safety, and wellbeing of the
city, and create design and location requirements for the facilities.
City council meeting of April 1, 2019 (Item No. 3a) Page 5
Title: City council meeting minutes of March 4, 2019
Councilmember Harris asked for clarification of council’s actions for this ordinance. Mr.
Morrison stated this ordinance is in response to law changes approved by the Federal
Communication Commission (FCC) and State of Minnesota restricting a municipality’s
ability to apply standard land use controls on small wireless facilities located in the
public right-of-way. He added the ordinance is intended to preserve the safety, health,
and welfare of the community.
Councilmember Harris asked given the city already has antennas attached to poles, will
those be grandfathered in or required to be retrofitted. Mr. Morrison stated they will be
grandfathered in, but added the city may be able to negotiate their compliance to new
regulations in the future.
It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to
approve first reading of an ordinance amending Sections 36-142 and 36-367 of the
zoning ordinance pertaining to small wireless facilities, and set the second reading of the
ordinance for March 18, 2019.
The motion passed 5-0 (Councilmembers Hallfin and Miller absent).
8b. Approve final plans and specifications, authorizing advertisement for bids
(4019-1100) and approve parking restrictions on Cedar Lake Road. Resolution
No. 19-032. Resolution No. 19-033.
Councilmember Brausen stated he wanted to correct a mistake he made related to this
topic at the Feb. 4th meeting. He stated this plan will be a tremendous benefit in Ward 4
and he can’t wait to see the improvements. He noted when this project was considered
initially on Feb. 4th, he pushed for a slight change and then mistakenly voted against this
project. He added he wanted to elevate this project again, and thanked his colleagues
for voting on and authorizing these projects.
It was moved by Councilmember Brausen, seconded by Councilmember Harris, to adopt
Resolution No. 19-032, approving the final plans and specs, and authorizing
advertisement for bids (4019-1100) and adopt Resolution No. 19-033, approving parking
restrictions on Cedar Lake Road.
The motion passed 5-0 (Councilmembers Hallfin and Miller absent).
9. Communications
Councilmember Rog stated the Community Education Advisory Commission along with
STEP will conduct a food security discussion on Thurs., March 21, from 6:30 – 8:30
p.m. at the Lennox cafeteria.
Councilmember Brausen noted an open house related to the proposed Dakota bridge
will be held on Tues., March 19, at 5:30 p.m. in Council Chambers. There will be a
City council meeting of April 1, 2019 (Item No. 3a) Page 6
Title: City council meeting minutes of March 4, 2019
presentation by staff and this will be the final open house before action takes place. He
invited all to attend.
Mayor Spano thanked all who came to the STEP Empty Bowls fundraiser at Westwood
Lutheran Church. He stated there were many folks in attendance and good energy, with
lots of support and money raised.
10. Adjournment
The meeting adjourned at 7:55 p.m.
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City council
Meeting date: April 1, 2019
Minutes: 3b
Unofficial minutes
City council study session
St. Louis Park, Minnesota
March 11, 2019
The meeting convened at 6:30 p.m.
Councilmembers present: Tim Brausen, Steve Hallfin, Anne Mavity, Mayor Pro Tem Thom
Miller, and Margaret Rog.
Councilmembers absent: Mayor Jake Spano and Rachel Harris.
Staff present: City Manager (Mr. Harmening), Police Chief Harcey, Sergeant Weigel, Community
Development Director (Ms. Barton), Planning/Zoning Supervisor (Mr. Walther), Planner (Ms.
Monson), Management Assistant (Ms. Carrillo Perez), and Recording Secretary (Ms. Pappas).
Guest: Brad Scheib, HKGI Consultants.
1. Future study session agenda planning – March 2019
Mr. Harmening presented the proposed study session agenda for March, 2019. Mr. Harmening
noted there will be a discussion about Belt Line at the March 18 study session with Sherman
and Associates. He noted discussions were scheduled on community development and housing
strategies and Crime Free Drug Free workgroup.
Mayor Pro Tem Miller stated he would like to review the possibility of Election Day being a city
public holiday.
Councilmember Rog added she would like to have the council discuss the Equal Rights
Amendment, and consider passing a resolution in order to create momentum for its passage at
the state level.
2. Body worn camera update
Chief Harcey and Sergeant Weigel presented an update along with videos of two body camera
incidents since the force began using body cameras in late 2018. Chief Harcey stated the force
has had a 92% compliance rate for use of body cameras during the trial period, and has learned
things from records management and how to categorize and monitor for record retention and
release of data. Chief Harcey noted the vendor was chosen and all hardware and software has
been purchased, requiring minor adjustments to the policy to reflect the hardware and
software purchased.
Councilmember Brausen asked when the cameras are activated. Chief Harcey stated when the
police vehicle lights are activated, the body and dash cameras are activated.
City council meeting of April 1, 2019 (Item No. 3b) Page 2
Title: Study session minutes of March 11, 2019
Councilmember Mavity pointed out that Minneapolis only had a 50% compliance rating for
their officers after the introduction of body cameras. She commended the St. Louis Park police
for being at 92% compliance, noting this is impressive.
Councilmember Mavity asked about the cameras’ activation, and when this happens with the
officer. Chief Harcey stated when an officer pulls a gun from the holster, the body cam is
automatically activated, adding this has been tested by the force. He stated the body cam is
also activated when a TASER is turned on by an officer.
Councilmember Rog asked about data related to body cams and calls, and where the data is
stored. Sergeant Weigel stated the data is all stored in the cloud. Councilmember Rog asked
about officer feedback and if there had been any citizen response or feedback related to body
cameras. Chief Harcey said officers were happy to have them, and there has been no response
or feedback from the public.
Councilmember Brausen thanked Chief Harcey and the force for their work on this.
Mayor Pro Tem Miller asked if the police force had asked officers for any anonymous feedback
and apologized this direction had not come from the council initially. Chief Harcey stated there
was no anonymous feedback from officers, adding that the police force has been positive about
the introduction of body cameras.
Councilmember Rog asked if all was on track with the budget for this project. Chief Harcey
stated yes.
Councilmember Rog asked when the contract with Axon would be reviewed. Chief Harcey
stated it is a five-year contract, so it will be re-evaluated in four years.
3. Mixed-use zoning district amendments
Ms. Monson and Mr. Walther presented. They asked the council for feedback on the proposed
amendments to the mixed use zoning district. Ms. Monson stated properties in the city
currently zoned M-X mixed use were required to apply for a PUD to allow mixed-use buildings.
Then in 2015, the city adopted a specific PUD zoning district, which essentially made the
existing M-X district obsolete. The city proposes amendments to the existing M-X district to
provide a zoning district that creates district-wide standards for mixed-use development that
are site and context sensitive, and will weave more mixed-use buildings into the fabric of St.
Louis Park’s built environment. The city will need to amend the zoning map to apply this new
district to more properties.
Councilmembers Brausen and Hallfin thanked the staff for their work on this, and stated they
liked it.
Councilmember Mavity asked if staff knows what the impact might be on increased density or
affordability, in light of these amendments. Ms. Monson stated the sites that are guided to
change to mixed use in the St. Louis Park 2040 comprehensive plan are all larger sites which are
suitable to provide the target density ranges and inclusionary housing.
City council meeting of April 1, 2019 (Item No. 3b) Page 3
Title: Study session minutes of March 11, 2019
Councilmember Rog thanked staff for their work on this, and asked if this creates a district-wide
or city-wide standard. Mr. Walther stated this will only apply to the mixed use district, not the
whole city or other districts within the city.
Councilmember Rog stated she liked the density bonus idea presented by staff, and would like
an opportunity to look at the list and provide feedback on the density points. Ms. Monson
stated staff can send this to council for further review and feedback.
Ms. Monson added staff is still working on defining sustainability targets to award density
points, and defining affordable commercial space and fair market rent for each building.
Councilmember Brausen added he likes the density bonus approach and asked if staff is looking
to expand this into other areas of the city. Mr. Walther stated not yet, adding this is a test at
this point, and may be applied elsewhere in the city in the future.
Councilmember Mavity asked after the Metropolitan Council approves the city’s
comprehensive plan, how long until all the zoning changes must be finalized. Mr. Walther
stated the city has 9 months to bring the zoning into conformance with the plan, adding any
changes will be brought forward to the council in stages and by priority level based on whether
there are conflicts between the plan and zoning code. The comprehensive plan is a 20-year plan
and some policy direction in the plan is intended to be implemented over the next 10 years, not
in the next 9 months.
Mayor Pro Tem Miller stated overall the ordinance makes sense and he also likes the density
bonuses, adding they align with the city’s priorities. He asked about some of the parcels noted
and if they should have included additional parcels in the city to be guided and rezoned to
mixed use. He asked once this is all completed, will there be any chances for changes in the
future. Mr. Walther stated the council can amend the comprehensive plan and zoning at any
time, adding the present plan re-guided properties in the comprehensive plan based upon
previous small area planning efforts over the past decade, multiple study session discussions
with the Planning Commission, public input and at least two city council study sessions on land
use specifically.
Mayor Pro Tem Miller asked why the Wayside House was on the list. Mr. Walther stated the
property has been guided and zoned for mixed use development since the Park Commons
planning in the late 1990’s. The present use was already established and included as a
permitted use in the district when the M-X district was first established in the community.
4. Sam’s Club land use and development study
Mr. Walther stated in August of 2018, the council adopted an interim ordinance establishing a
moratorium on the use and development of the property at 3745 Louisiana Ave. S., the former
Sam’s Club site. Mr. Walther noted that staff and the consultant team of HKGI and Mr. Scheib,
have completed background work including previous planning efforts, site environmental
assessment, market overview and opportunities/constraints analysis. The consultant has
generated a series of land use alternatives recommended for further consideration by the
council including:
City council meeting of April 1, 2019 (Item No. 3b) Page 4
Title: Study session minutes of March 11, 2019
1. Industrial re-use
2. Employment focused reuse with infill development
3. Multi-family residential redevelopment
4. Transit oriented mixed use
Mr. Scheib stated the location constraints include the environmental history and contaminated
structural soil issues. He stated creative solutions will be required to provide landscaping and
green space. Mr. Walther further stated the environmental assessment stated the area would
need to be capped due to the environmental issues, adding there will be remediation costs, and
MPCA involvement; however, with these issues comes eligibility for a range of grant funding for
environmental clean-up through MN Deed, Metropolitan Council, and Hennepin County.
Mr. Walther stated staff will come back to council on May 13 with next steps, and a plan to
implement land use and zoning official controls before the moratorium ends in September
2019.
Councilmember Rog noted there are some soil remediation processes that include planting
trees that grow fast vs. capping the site, and asked if alternatives can be looking into for the
site.
Councilmember Mavity asked about the area of the site east of the train tracks. Mr. Walther
said it is leased by Park Nicollet and used for off-site parking at one time.
Councilmember Mavity stated if the parcel is repurposed, that unused parking lot ought to be
factored into the use. She added the site currently contributes about $150,000 per year to the
city’s property tax base annually, and this must also be factored in when looking at possible
scenarios. She also noted there are several goals and opportunities here, including support of
transit oriented development and Southwest Light Rail Transit ridership, reducing cars, and
increasing tax capacity and walkability, all helping reach the city’s Climate Action Plan goals, as
well as affordable housing goals. Councilmember Mavity also pointed out the current narrative
related to businesses desperate for workers, the need for housing and transportation, and this
is an opportunity for maximum use in this space, so these principles need to be addressed.
Mayor Pro Tem Miller stated he supports Councilmember Mavity’s comments as it relates to
the city’s strategic goals. He noted scenario #3 would be most appropriate in order to meet the
city’s goals.
Councilmember Rog thanked staff for the report, which was informative and helpful. She stated
the four scenarios are not all that can be considered, and hoped the council will not get locked
into one plan, but will look at many creative ideas and uses.
Councilmember Brausen said he is interested in all four scenarios and would add a fifth, which
would be a community center or public space, and would like to hear more about how this
might work.
City council meeting of April 1, 2019 (Item No. 3b) Page 5
Title: Study session minutes of March 11, 2019
Councilmember Hallfin stated he would also add a fifth scenario, to look at some kind of public
use for the space, with respect for what Councilmember Mavity laid out as well. He would
definitely look to repurpose the existing building, which already has a parking lot area, and
asked the councilmembers to consider this as another option.
Councilmember Rog stated there is no reason to do any industrial plan in this part of the city,
adding she is most interested in scenarios 3 and 4.
Mayor Pro Tem Miller agreed.
Councilmembers Brausen and Hallfin agreed and would like to explore scenario 2 as well.
The council consensus direction was to drop site analysis of scenario 1 – industrial reuse. To
pursue scenarios 2, 3 and 4 – employment focused reuse with infill development, multifamily
residential redevelopment, and transit oriented mixed use.
5. C-1 zoning district retail and service use restrictions
Mr. Walther asked if council supports the Planning Commission’s recommendations on this
item, and if this needs to come back to council at a future study session.
Mayor Pro Tem Miller stated there was some concern, after the Planning Commission reviewed
this, about the potential for some buildings to be up to 20,000 square feet with conditional use.
He stated this was not what council had asked for, and this does not feel like C1 zoning.
Councilmember Rog added this should be discussed again by council, as it does not reflect what
was discussed for this area.
Councilmember Mavity agreed stating this does not seem to reflect the direction from council
especially when working to accomplish a pedestrian-oriented development.
Councilmember Hallfin stated he is willing to discuss it again, but added the council will need to
ensure it looks at the recommendations of the Planning Commission, as they put a lot of good
work into developing this.
Councilmember Brausen stated he had no issue with the recommendations.
Communications/Meeting Check-In (Verbal)
Mr. Harmening noted the funding package the governor is proposing can be added to the next
agenda, for the council to adopt a resolution in support of it.
Mayor Pro Tem Miller stated he is planning to run again this fall for his seat on the council,
unless a person of color, and/or progressive person wants to run for it. Then he would not run
again.
City council meeting of April 1, 2019 (Item No. 3b) Page 6
Title: Study session minutes of March 11, 2019
Councilmember Hallfin stated he too plans to run again, unless his new job limits the time he
can spend at council meetings.
Ms. Carrillo Perez distributed board and commission packets to all council members, and noted
the workbooks are due back to her by Wednesday, March 27. She stated there were 57
applicants, and 8 are people of color. She noted BOZA applications were not included in the
packet. There were applicants; however, BOZA may be dissolved at some point. She added also
that under the housing section, Paul Beck was not listed, but staff will get his application for
reappointment to council for review.
Written Reports provided and documented for recording purposes only:
6. Outdoor parking lighting ordinance
7. Proposed use of donation to Westwood Hills Nature Center
Councilmember Brausen asked about this adding it seems premature to look at this, as council does
not know the immediate needs yet. He stated he would like to be more strategic on this.
Councilmember Mavity agreed, she would like to be more thoughtful about uses with this
donation.
8. Discover St. Louis Park 2018 annual report
Councilmember Brausen stated this is useful information for the community and it could be
presented on ParkTV, instead of presenting to the council. He added the written report is sufficient,
and an in-person report can be done periodically, but not every year.
The meeting adjourned at 9:15 p.m.
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City council
Meeting date: April 1, 2019
Minutes: 3c
Unofficial minutes
City council meeting
St. Louis Park, Minnesota
March 18, 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, Thom Miller, and Margaret Rog.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City
Manager/Human Resources Director (Ms. Deno), Economic Development Coordinator (Mr.
Hunt), CFO (Mr. Simon), Director of Community Development (Ms. Barton), Racial Equity
Manager (Ms. Sojourner), Management Assistant (Ms. Carrillo Perez), and Recording Secretary
(Ms. Pappas).
Guests: Human Rights Commission members; Martha Ingram and Stacy Kvilvang, Ehlers;
League of Women Voters representatives
1a. Pledge of allegiance
1b. Roll call
2. Presentations
2a. Human Rights Award Presentation -2018
Maria Sakio, Chair SLP Human Rights Commission (HRC), introduced the two winners for
2018, Sagal Abdirahman and Nadia Mohamed. Ms. Sakio stated both women have been
very active in St. Louis Park and the surrounding communities helping improve
understanding of the Muslim culture and connect people. She stated they have done
this through a variety of events and classes offered to community members to
encourage conversations and relationship building.
Ms. Sakio added Nadia and Sagal were nominated because of their continuous
dedication, ability to connect and communicate across cultures, and always finding new
ways to bridge communities.
Nadia and Sagal stated they have wanted to give back to St. Louis Park since they grew
up in the city, but with different experiences than others. They want to open awareness
of their Somali culture and Islam faith, and thanked the city for allowing them to speak
and also thanked the MAC members for supporting them through every endeavor.
City council meeting of April 1, 2019 (Item No. 3c) Page 2
Title: City council meeting minutes of March 18, 2019
Mayor Spano stated it is fitting that both women are representing the many
communities they do represent, given the events of last week in New Zealand and
Pittsburgh, earlier. He stated they are loved and wanted in this community, and he
thanked them for all they have done to raise awareness and talk to others in order to
learn about one another.
2b. Recognition of donations
Mayor Spano thanked those who donated recently:
• Jan Boyer who donated $50 for educational programming at Westwood Hills
Nature Center in memory of Joan Stenberg
• Virginia Smereka who donated $2208 for a memorial bench and other needs of
Westwood Hills Nature Center in memory of Joan Stenberg and Bee Dickson
• MN Society of Aboriculture who donated up to $2700 for city Nature Resources
Coordinator Jim Vaughan to attend the 2019 International Society of
Arboriculture Conference in Knoxville, TN
3. Approval of minutes
3a. Study session minutes of February 11, 2019
Councilmember Rog noted on page 1, in the 3rd paragraph under Future Study Session
Planning, it should read: “Councilmember Rog mentioned she would like to discuss one
for one replacement or other approaches to NOAH housing threatened by
redevelopment. She noted specific concern for several projects on 31st Street.”
It was moved by Councilmember Brausen, seconded by Councilmember Miller, to
approve the February 11, 2019 study session meeting minutes as corrected.
The motion passed 7-0.
3b. City council minutes February 19, 2019
It was moved by Councilmember Hallfin, seconded by Councilmember Miller, to approve
the February 19, 2019 city council meeting minutes as presented.
The motion passed 7-0.
4. Approval of agenda and items on consent calendar
4a. Approve second reading and adopt Ordinance No. 2555-19 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 No. 19-034 approving acceptance of a $50 donation from Jan
Boyer in memory of Joan Stenberg to be used for educational programing at
City council meeting of April 1, 2019 (Item No. 3c) Page 3
Title: City council meeting minutes of March 18, 2019
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 No. 19-035 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 No. 19-036 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 No. 19-037 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 No. 19-038 requesting comprehensive road and transit
funding.
4h. Adopt Resolution No. 19-039 authorizing St. Louis Park Lions Club’s request for
placing temporary signs in the public right-of-way.
4i. Adopt Resolution No. 19-040 to recognize Fleet Mechanic Rick Bahe for more
than 33 years of service.
4j. Adopt Resolution No. 19-041 authorizing condemnation of land for public
purposes - Cedar Lake Road Reconstruction Project (4019-1100).
It was moved by Councilmember Brausen, seconded by Councilmember Harris, 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 7-0.
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. Resolution No. 19-042.
Mr. Simon presented the staff report.
Ms. Kvilvang stated the city’s credit report under Standard and Poors came back with a
AAA rating, and very strong or strong in every category.
Ms. Kvilvang announced the lowest bidder was Morgan Stanley and came in at 2.64%,
adding funds will close around April 10, 2019.
City council meeting of April 1, 2019 (Item No. 3c) Page 4
Title: City council meeting minutes of March 18, 2019
Councilmember Harris thanked staff for the report and asked how the 2.64% rating
compares to the past. Mr. Simon stated in 2018, the bond interest rate was 2.815%, so it
is lower this year versus last year, with nine bidders as well.
Councilmember Brausen stated the anticipated rate was 3.3 – 3.57% range, and asked if
the 2.64% rate will cut the city’s costs significantly over 15 years. Ms. Kvilvang stated
yes, that is correct, adding this is a net cost decrease of $800,000.
Councilmember Mavity thanked staff for their work on this, and thanked this council
and previous councils also for their work, which ultimately will save money for city
residents over time.
Councilmember Miller stated typically when large projects such the Westwood Hills
Nature Center are funded, the charter procedure is used. In this case, tax abatement
bonds are being used, adding there is nothing about the nature center that warrants tax
abatement bonds. He added he is disappointed that there are not 6 votes in favor, and
this does not follow the charter bonds. He understands staff took direction from council
on this, but the charter lays it out, that if the city is going to borrow a large amount of
money such as this, there needs to be 6 votes approving it for charter bonds.
Councilmember Miller stated he thinks the project and the funding are inseparable and
he finds it difficult to separate these two concepts. He stated of course everyone wants
a beautiful new nature center; however, it is the council’s responsibility to connect the
project with the funding and ask is it worthwhile to do this, and to tax our citizens like
this.
Councilmember Brausen stated Councilmember Miller has presented a slight
mischaracterization on charter bonds and tax abatement bonds. With charter bonds,
the city can issue bonds without a public hearing and yet a public hearing was held on
this, and no one attended. He added he did his own research with family members on
this, and the family members did not want to pay for this through a levy.
Councilmember Brausen stated the council has been responsible with this, and 5 of 7
voted to do this, adding this reflects the work staff does to responsibly manage the
resources of the city.
Councilmember Rog thanked staff for executing the will of the council, adding in the
future it might be good to discuss how financing fits into a project. She added this will
be a beautiful project; however, she will be voting against the bonds.
Councilmember Mavity pointed out a correction for the record, and stated the council
did not change the charter rules here, city laws facilitate that the council can do this,
and can direct staff to do this, and staff used the tools they have to complete this.
Mayor Spano stated when the public hearing was held, he did vote against the motion
because Councilmember Miller had asked to delay the hearing so he could speak, and
he wanted to support him. Mayor Spano stated he will vote in favor of this now, adding
City council meeting of April 1, 2019 (Item No. 3c) Page 5
Title: City council meeting minutes of March 18, 2019
with past councils, when the majority voted in favor of an item, those against did
change over and vote to support the financing; however, it is fully within the prerogative
of the councilmember to vote against the financing, adding that fundamentally the
majority rules.
It was moved by Councilmember Harris, seconded by Councilmember Brausen, to adopt
Resolution No. 19-042, awarding the sale of General Obligation (G.O.) Bonds, Series
2019A.
The motion passed 5-2 (Councilmembers Miller and Rog opposed).
8b. Equal rights amendment to the Minnesota constitution. Resolution No. 19-043.
Councilmember Rog thanked the members of the League of Women Voters for bringing
this forward. She stated she was pleased on behalf of her female colleagues to propose
this as a study session item, and interested to learn that 76% of the population thinks
that we already have an Equal Rights Amendment.
Councilmember Harris thanked Councilmember Rog for forwarding this on, and noted as
a young girl in the 1970’s she was introduced to books that said women can do
anything, and yet she finds herself dismayed there still isn’t the gender equity that
seemed so possible in those stories. She is thankful that the League of Women Voters
are championing this. She stated this very much has her support.
Councilmember Brausen stated it is about time and it’s also time for the city to forward
this to the state and federal governments, as this has been in the works too long. He
stated he is fully supportive.
Mayor Spano read the resolution into the record.
It was moved by Councilmember Rog, seconded by Councilmember Mavity, to adopt
Resolution No. 19-043, in support of an equal rights amendment to the Minnesota
constitution.
The motion passed 7-0.
9. Communications
Councilmember Brausen noted he is wearing his St. Louis Park city pin on his jacket lapel.
Councilmember Rog stated there is an open house for the Dakota bike project on Tuesday,
March 19, at City Hall at 5:30 p.m. She also noted the food insecurity discussion will take place
on Thursday, March 21, at 6:30 p.m. at Lennox Community Center.
Councilmember Harris stated there is a mini winter clean up on Sunday, March 24, at South Oak
Park parking lot, where paper for shredding, holiday lights, and batteries can be disposed of. It
is free to St. Louis Park residents.
City council meeting of April 1, 2019 (Item No. 3c) Page 6
Title: City council meeting minutes of March 18, 2019
10. Adjournment
The meeting adjourned at 8:15 p.m. and the study session reconvened immediately.
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City council
Meeting date: April 1, 2019
Minutes: 3d
Unofficial minutes
City council special study session
St. Louis Park, Minnesota
March 18, 2019
The meeting convened at 6:00 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), Deputy City Manager/Human Resources Director
(Ms. Deno), Racial Equity Manager (Ms. Sojourner), Communications Manager (Ms. Smith),
Management Assistant (Ms. Carrillo Perez), and Recording Secretary (Ms. Pappas).
Guest: Kay Adams, Consultant; Will Anderson & Ben Grannon, Sherman and Associates.
1. Council norms discussion
Consultant Kay Adams facilitated the discussion on the norms that were identified at the
January workshop by the city council. The four areas discussed included:
• Media interactions
• Being public with positions/opinions
• Going out after meetings
• Giving staff at least 5 hours to respond to questions
After the discussion, the council was in consensus on the following statements:
• Councilmembers shall speak respectfully about each other and the city council itself in
public communications. (This statement will replace the first and second bullets above)
• Councilmembers will seek opportunities to deepen personal relationships with one
another. (This statement will replace the third bullet above)
• Staff will be given at least five hours to respond to questions.
The study session adjourned at 7:25 p.m. to go into the regular city council meeting.
The study session reconvened at 8:20 p.m. for further discussion.
2. Bridge loan to Sherman Associates for acquisition of former Vision Bank property
Ms. Barton explained the issue. She stated 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. She noted in an effort to facilitate timely acquisition of the
former Vision Bank property located in the area and secure expanded development rights for
the property, Sherman has secured a purchase agreement with the current owner in the
amount of $3.642 million. Closing would occur on April 5, 2019, prior to the condemnation
City council meeting of April 1, 2019 (Item No. 3d) Page 2
Title: Special study session minutes of March 18, 2019
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.
Ms. Barton added by acquiring the property prior to the condemnation, Sherman will hold the
underlying fee title to the property after condemnation, enabling 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
timeline, Sherman is requesting the EDA provide a short-term bridge loan of $3.1 million for a
portion of the acquisition cost. The loan would be secured by a first mortgage on the property
and would bear a fair-market interest rate. She stated it is expected Sherman would repay a
majority of the principal within 90-120 days after the condemnation is complete in late May,
when Met Council pays Sherman for the transit easement. Sherman is also contributing
approximately $800,000 in equity towards the acquisition, including closing costs.
Ms. Barton stated if the council supports the bridge loan to Sherman, staff will move ahead.
Councilmember Harris stated it seems to be in the city’s interest to pursue this.
Councilmember Rog asked what the property is valued at. Ms. Barton stated appraisals show
it’s valued anywhere from $1 million to $4 million.
Councilmember Rog asked if there are any unintended impacts with the bridge loan, or on the
city’s capacity to do other projects.
Mr. Harmening stated this would not impact the city’s finances as the EDA has $12 million in
cash and part of this would be used for the loan. He added the city would still have flexibility to
do other things, if needed.
Councilmember Mavity stated she appreciates the work of staff on this, adding she has been
involved in the planning and development on Beltline for over 10 years. She stated, however,
she will recuse herself from any votes on this as Mr. Sherman is on her board.
Councilmember Hallfin asked what the city paid for the EDA owned parcels in the
redevelopment area. Mr. Hunt stated $2.6 million, for the two 3-acre plots of land.
Councilmember Hallfin stated staff should move forward with the bridge loan with Sherman
Associates, so as to move forward with the vision for this area that has been discussed over the
years.
Councilmember Miller added he is also in favor of the bridge loan.
Mayor Spano asked if the city has done a bridge loan like this in the past. Mr. Hunt stated not
quite like this, noting the city does have a mortgage with PLACE.
Mayor Spano stated he is supportive of the request, but instructed staff they need to make it
clear on any future projects, that this is an exception, and not the rule – to an appropriate level.
City council meeting of April 1, 2019 (Item No. 3d) Page 3
Title: Special study session minutes of March 18, 2019
Mayor Spano asked the Sherman and Associate representatives if they see any issue with
repayment of the bridge loan. Mr. Anderson and Mr. Grannon stated no, they foresee no
issues.
It was the consensus of council to have staff pursue the bridge loan with Sherman and
Associates.
The meeting adjourned at 8:45 p.m.
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City council
Meeting date: April 1, 2019
Consent agenda item: 4a
Executive summary
Title: Approval of city disbursements
Recommended action: Motion to accept for filing city disbursement claims for the period of
February 23, through March 22, 2019.
Policy consideration: Does the city council desire to approve city disbursements in accordance
with Section 6.11 – Disbursements – How Made, of the City’s Charter?
Summary: The Finance Division prepares this report on a monthly basis for the city council to
review and approve. The attached reports show both City disbursements paid by physical
check and those by wire transfer or Automated Clearing House (ACH) when applicable.
Financial or budget considerations: Review and approval of the information follows the city’s
charter and provides another layer of oversight to further ensure fiscal stewardship.
Strategic priority consideration: Not applicable.
Supporting documents: City disbursements
Prepared by: Kari Mahan, Accounting Clerk
Reviewed by: Tim Simon, Chief Financial Officer
Approved by: Nancy Deno, Deputy City Manager/HR Director
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
17.48A-1 OUTDOOR POWER INC GENERAL FUND BALANCE SHEET INVENTORY
109.36ROUTINE MAINTENANCE EQUIPMENT PARTS
126.84
199.55ABLE HOSE & RUBBER INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
199.55
3,424.22ABRA AUTO BODY - EDEN PRAIRIE UNINSURED LOSS G&A UNINSURED LOSS
3,424.22
225.00ACACIA ARCHITECTS LLC MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
225.00
1,318.06ACCOUNTEMPSASSESSING G & A OTHER CONTRACTUAL SERVICES
1,318.06
37.01ACE SUPPLY COMPANY, INC.WATER UTILITY G&A SMALL TOOLS
37.01
4,898.00ACOUSTICS ASSOCIATES INC MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
4,898.00
30.48ADDOMS ROBERT WATER UTILITY G&A GENERAL CUSTOMERS
30.48
9,325.89AECOM INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
9,325.89
19,841.00AIM ELECTRONICS PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI
19,841.00
56.65AKERS CAROL JEAN WATER UTILITY G&A GENERAL CUSTOMERS
56.65
214.87ALADTEC INC OPERATIONS GENERAL PROFESSIONAL SERVICES
214.87
726.00ALLIANCE MECH SRVCS INC PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES
726.00
2,773.31ALLSTREAMIT G & A TELEPHONE
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 2
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
2,773.31
282.57ALTEC INDUSTRIES INC GENERAL FUND BALANCE SHEET INVENTORY
282.57
208.00AMERICAN WATER WORKS ASSOCIATION PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPS
208.00
152.50AMERIPRIDE LINEN & APPAREL SERVICES OPERATIONS HEALTH & WELLNESS
152.50
6,125.00ANCOM COMMUNICATIONS E-911 PROGRAM IMPROVEMENTS OTHER THAN BUILDI
6,125.00
15.00ANDERSEN, JENS OPERATIONS TRAINING
15.00
50.00ANDERSON JOHN INSPECTIONS G & A 1&2 SINGLE FAM. RENTAL
50.00
50.00ANDERSON, GREGORY & CYNTHIA INSPECTIONS G & A 1&2 SINGLE FAM. RENTAL
50.00
15.00ANDREWS, RYAN OPERATIONS TRAINING
15.00
6,366.99APADANAFACILITIES MCTE G & A OPERATIONAL SUPPLIES
7,459.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
13,825.99
365.00APPRAISAL INSTITUTE ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS
365.00
575.00ARC DOCUMENT SOLUTIONS, LLC TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICE
575.00
4,788.00ARCHIVE SOCIAL INC COMM & MARKETING G & A OTHER CONTRACTUAL SERVICES
4,788.00
100.00ASAP UNDERGROUND INSPECTIONS G & A PLUMBING
100.00
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 3
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
3Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
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Amount
ObjectVendorBU Description
2,397.20ASET SUPPLY AND PAPER INC FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SUPPLY
2,397.20
74.92ASHITON KREEA WATER UTILITY G&A GENERAL CUSTOMERS
74.92
1,707.29ASPEN MILLS OPERATIONS UNIFORMS
1,707.29
199.68AT&T MOBILITY CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT
199.68
225.00AUROMIRA ARCHITECTS LLC MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
225.00
1,137.62AVI SYSTEMS CABLE TV G & A REPAIRS
1,137.62
8,951.10AXON ENTERPRISE POLICE G & A POLICE EQUIPMENT
8,951.10
605.27BARNES, PAUL POLICE G & A TRAVEL/MEETINGS
605.27
2,150.00BARNUM GATE SERVICES INC FACILITIES MCTE G & A BUILDING MTCE SERVICE
2,150.00
685.50BARR ENGINEERING CO STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES
685.50
82.54BATTERIES + BULBS WATER UTILITY G&A GENERAL SUPPLIES
82.54
53.21BAUM JULIE WATER UTILITY G&A GENERAL CUSTOMERS
53.21
508.24BAYSINGER CARMEN WATER UTILITY G&A GENERAL CUSTOMERS
508.24
583.11BECKER ARENA PRODUCTS REC CENTER BUILDING OPERATIONAL SUPPLIES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 4
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
583.11
342.99BELL MARTIN WATER UTILITY G&A GENERAL CUSTOMERS
342.99
84.98BENSON CONSTRUCTION CORP, J WATER UTILITY G&A GENERAL CUSTOMERS
84.98
2,000.00BERG BAG COMPANY ROUTINE MAINTENANCE GENERAL SUPPLIES
2,000.00
35.00BETHKE, DAVID INSPECTIONS G & A LICENSES
35.00
370.00BG CONSULTING INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
370.00
11.36BIRCHILL SUSAN WATER UTILITY G&A GENERAL CUSTOMERS
11.36
5,198.03BLOOMINGTON, CITY OF REILLY BUDGET OTHER CONTRACTUAL SERVICES
5,198.03
1,544.23BOBBY & STEVE'S AUTO WORLD GENERAL FUND BALANCE SHEET CLEARING ACCOUNT
1,544.23
21.06BODURKA JENNIFER WATER UTILITY G&A GENERAL CUSTOMERS
21.06
125.06BOLTIN ERIN WATER UTILITY G&A GENERAL CUSTOMERS
125.06
310,673.45BOLTON & MENK INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
310,673.45
208.23BOUND TREE MEDICAL, LLC POLICE G & A OPERATIONAL SUPPLIES
1,250.28OPERATIONSOPERATIONAL SUPPLIES
1,458.51
230.00BOWMAN ERIC GENERAL FUND G&A MISC EXPENSE
230.00
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 5
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
276.00BRIN GLASS SERVICE FACILITIES MCTE G & A BUILDING MTCE SERVICE
276.00
89.54BRUESHOFF DAVID WATER UTILITY G&A GENERAL CUSTOMERS
89.54
2,070.74BTR OF MINNESOTA LLC GENERAL FUND BALANCE SHEET INVENTORY
2,070.74
33.00BUDGET SIGN & GRAPHICS POLICE G & A BLDG/STRUCTURE SUPPLIES
33.00
102.61BUNKERS LEVI WATER UTILITY G&A GENERAL CUSTOMERS
102.61
103.25BUSINESS ESSENTIALS COMM & MARKETING G & A OFFICE SUPPLIES
103.25
123.96BUSSEN JOAN WATER UTILITY G&A GENERAL CUSTOMERS
123.96
59,219.52C & L EXCAVATING INC STREET CAPITAL PROJ BAL SHEET RETAINAGE PAYABLE
84,086.08CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
143,305.60
154.68CANADIAN PACIFIC RAILWAY COMPANY WATER UTILITY G&A LICENSES
154.68
887.40CANON FINANCIAL CENTER DRIVE TECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICE
887.40
4,166.00CARE RESOURCE CONNECTION OPERATIONS GENERAL PROFESSIONAL SERVICES
4,166.00
1,789.28CARLSON, ARTHUR J EMPLOYEE FLEX SPEND G&A TUITION
1,789.28
77.17CARNEY MEGAN WATER UTILITY G&A GENERAL CUSTOMERS
77.17
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 6
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
368.00CARRILLO PEREZ MARIA ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
368.00
1,256.04CDW GOVERNMENT INC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
152.14CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT
1,408.18
70.00CEDAR SMALL ENGINE GENERAL FUND BALANCE SHEET INVENTORY
70.00
3,700.00CELLEBRITE INC POLICE G & A OTHER CONTRACTUAL SERVICES
3,700.00
950.00CENTER FOR ENERGY AND ENVIRONMENT MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
500.00FIRST TIME HOMEBUYER OTHER CONTRACTUAL SERVICES
1,450.00
13,971.85CENTERPOINT ENERGY FACILITY OPERATIONS HEATING GAS
6,061.49WATER UTILITY G&A HEATING GAS
391.02REILLY G & A HEATING GAS
644.29SEWER UTILITY G&A HEATING GAS
1,855.45PARK MAINTENANCE G & A HEATING GAS
254.39WESTWOOD G & A HEATING GAS
296.31NATURALIST PROGRAMMER HEATING GAS
11,076.02REC CENTER BUILDING HEATING GAS
34,550.82
10,792.01CENTRAL PENSION FUND EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENT
10,792.01
261.60CENTURY LINK CELLPHONES, IPADS, ETC.TELEPHONE
261.60
150.00CHEF MARSHALL O'BRIEN LLC OPERATIONS TRAINING
150.00
1,453.93CHET'S SAFETY SALES INC PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES
367.99WATER UTILITY G&A OPERATIONAL SUPPLIES
189.99SEWER UTILITY G&A OPERATIONAL SUPPLIES
157.99REC CENTER SALARIES OPERATIONAL SUPPLIES
791.73VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 7
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
2,961.63
143.59CHRISTIAN, KEVIN WATER UTILITY G&A GENERAL CUSTOMERS
143.59
230.00CHRISTOPHERSON DARRIN GENERAL FUND G&A MISC EXPENSE
230.00
26.94CHU MARK WATER UTILITY G&A GENERAL CUSTOMERS
26.94
118.16CINTAS CORPORATION FACILITIES MCTE G & A OPERATIONAL SUPPLIES
104.42FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES
39.12REC CENTER BUILDING OTHER CONTRACTUAL SERVICES
261.04VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES
522.74
110.35CITIZENS INDEPENDENT BANK ADMINISTRATION G & A OFFICE SUPPLIES
360.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS
268.41ADMINISTRATION G & A TRAINING
2,158.50ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
291.59ADMINISTRATION G & A TRAVEL/MEETINGS
694.35ADMINISTRATION G & A MEETING EXPENSE
227.75ADMINISTRATION G & A BANK CHARGES/CREDIT CD FEES
26.35HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES
34.24HUMAN RESOURCES RECRUITMENT
150.00HUMAN RESOURCES RECOGNITION
215.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPS
251.56HUMAN RESOURCES TRAINING
154.99HUMAN RESOURCES MEETING EXPENSE
64.26COMM & MARKETING G & A GENERAL PROFESSIONAL SERVICES
100.99COMM & MARKETING G & A ADVERTISING
412.82COMM & MARKETING G & A PRINTING & PUBLISHING
75.00COMM & MARKETING G & A SUBSCRIPTIONS/MEMBERSHIPS
699.00COMM & MARKETING G & A SEMINARS/CONFERENCES/PRESENTAT
7.00COMM & MARKETING G & A TRAVEL/MEETINGS
COMM & MARKETING G & A BANK CHARGES/CREDIT CD FEES
125.95IT G & A GENERAL SUPPLIES
46.58IT G & A TRAINING
198.00ASSESSING G & A SEMINARS/CONFERENCES/PRESENTAT
200.00FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 8
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
30.00FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT
1,180.68POLICE G & A OPERATIONAL SUPPLIES
15.00POLICE G & A OTHER CONTRACTUAL SERVICES
2,990.00POLICE G & A TRAINING
253.20POLICE G & A TRAVEL/MEETINGS
278.85POLICE G & A MEETING EXPENSE
44.75POLICE G & A BANK CHARGES/CREDIT CD FEES
138.25NEIGHBORHOOD OUTREACH MEETING EXPENSE
67.60ERUOPERATIONAL SUPPLIES
95.16OPERATIONSOFFICE SUPPLIES
81.63OPERATIONSGENERAL SUPPLIES
1,838.29OPERATIONSOPERATIONAL SUPPLIES
974.66OPERATIONSSMALL TOOLS
143.10OPERATIONSUNIFORMS
2,553.97OPERATIONSTRAINING
2,529.08OPERATIONSSEMINARS/CONFERENCES/PRESENTAT
109.07INSPECTIONS G & A GENERAL SUPPLIES
832.24ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT
132.22CABLE TV G & A OTHER
79.00CABLE TV G & A SUBSCRIPTIONS/MEMBERSHIPS
15.00CABLE TV G & A SEMINARS/CONFERENCES/PRESENTAT
71.14CABLE TV G & A MEETING EXPENSE
270.74-WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES
737.74WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
2,606.00WATER UTILITY G&A TRAINING
1,266.40WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT
90.00ENVIRONMENT & SUSTAINABILITY SUBSCRIPTIONS/MEMBERSHIPS
1,471.26TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
338.66CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT
27.83ORGANIZED REC G & A MEETING EXPENSE
73.25ORGANIZED REC G & A INTEREST/FINANCE CHARGES
31.99BASKETBALLGENERAL SUPPLIES
291.54BASKETBALLGENERAL SUPPLIES
159.87LITTLE TOT PLAYTIME GENERAL SUPPLIES
45.88CONCESSIONSGENERAL SUPPLIES
26.87PARK MAINTENANCE G & A GENERAL SUPPLIES
169.57PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
12.99PARK MAINTENANCE G & A SUBSCRIPTIONS/MEMBERSHIPS
210.00PARK MAINTENANCE G & A TRAINING
821.48NATURAL RESOURCES G & A TRAINING
784.33WESTWOOD G & A GENERAL SUPPLIES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 9
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
9Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
198.87WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES
190.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPS
13.94SCHOOL GROUPS GENERAL SUPPLIES
200.00REC CENTER BUILDING SUBSCRIPTIONS/MEMBERSHIPS
52.55REC CENTER BUILDING INTEREST/FINANCE CHARGES
459.00INSTRUCTIONAL SKATING LESSONS SUBSCRIPTIONS/MEMBERSHIPS
31,334.86
513.66CLAREY'S SAFETY EQUIPMENT INC OPERATIONS OPERATIONAL SUPPLIES
3,876.00EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENT
4,389.66
187.97CLARK JOHN WATER UTILITY G&A GENERAL CUSTOMERS
187.97
803.68CLEAN RESPONSE POLICE G & A OTHER CONTRACTUAL SERVICES
803.68
1,200.00COACHOLOGY.US FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT
1,200.00
842.03COAST TO COAST POLICE G & A GENERAL SUPPLIES
842.03
156.80COLE PAPERS FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SUPPLY
156.80
200.00COLEMAN HEIFI & JOEL GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
200.00
18,594.40COLICH & ASSOCIATES ADMINISTRATION G & A LEGAL SERVICES
18,594.40
704.47COLLINS ELECTRICAL CONSTRUCTION CO WIRING REPAIR OTHER CONTRACTUAL SERVICES
704.47
126.15COMCASTOPERATIONSEMERGENCY PREPAREDNESS
92.76CABLE TV G & A OTHER CONTRACTUAL SERVICES
59.06OTHER CITY DEPARTMENTS OTHER CONTRACTUAL SERVICES
314.55WATER UTILITY G&A OTHER CONTRACTUAL SERVICES
29.46REC CENTER BUILDING OTHER CONTRACTUAL SERVICES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 10
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
621.98
584.00COMMUNITY REINVESTMENT FUND MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
584.00
11,225.00COMPASS CONSULTANTS INC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
11,225.00
79,687.68COMPASS MINERALS AMERICA SANDING/SALTING OTHER IMPROVEMENT SUPPLIES
79,687.68
100.00CONLEY LAURA WATER UTILITY G&A GENERAL CUSTOMERS
100.00
493.70CONTINENTAL RESEARCH CORP REC CENTER BUILDING GENERAL SUPPLIES
493.70
2,412.85CORE & MAIN LP WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
2,412.85
8,576.44CORPORATE MECHANICAL PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI
262.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES
547.86REC CENTER BUILDING BUILDING MTCE SERVICE
9,386.30
2,275.22COSTAR REALTY INFORMATION, INC.ASSESSING G & A OTHER CONTRACTUAL SERVICES
2,275.22
10,650.00COVERALL OF THE TWIN CITIES FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES
10,650.00
1,897.84COVERMASTERRECREATION OUTDOOR CENTER OTHER
1,897.84
63.00COWLING EMMA DANCE REFUNDS & REIMBURSEMENTS
63.00
53.84COX JOANN WATER UTILITY G&A GENERAL CUSTOMERS
53.84
126.20CUB KNOLLWOOD POLICE G & A JAIL SUPPLIES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 11
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
126.20
302.70DALCO ENTERPRISES INC FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SUPPLY
302.70
100.07DELEGARD TOOL CO VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
100.07
399.50DELI DOUBLE WESTWOOD G & A GENERAL SUPPLIES
10.00-WESTWOOD G & A CONCESSION SUPPLIES
389.50
520.00DEPARTMENT OF HUMAN SERVICES REC CENTER BUILDING OTHER CONTRACTUAL SERVICES
520.00
393.54DEPT EMPLOYMENT & ECONOMIC DEVELOPMENTEMPLOYEE FLEX SPEND G&A UNEMPLOYMENT
393.54
3,762.54DEPT LABOR & INDUSTRY INSPECTIONS G & A DUE TO OTHER GOVTS
3,762.54
1,664.98DJ ELECTRIC SERVICES INC REC CENTER BUILDING BUILDING MTCE SERVICE
1,664.98
115.00DOCHOD, GREG WATER UTILITY G&A GENERAL CUSTOMERS
115.00
2,434.37DO-GOOD.BIZ INC COMM & MARKETING G & A POSTAGE
1,915.08COMM & MARKETING G & A PRINTING & PUBLISHING
4,349.45
205.00DORGAN ANNE GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
205.00
187.46EBERT, ROBERT WATER UTILITY G&A GENERAL CUSTOMERS
187.46
285.60ECM PUBLISHERS INC ADMINISTRATION G & A LEGAL NOTICES
285.60
145.00EDINA BANTAM B2 GOLD ICE RENTAL NON-TAXABLE REFUNDS & REIMBURSEMENTS
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 12
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
145.00
480.00EHLERS & ASSOCIATES INC ESCROWS OPPIDAN - BALLY'S SITE
202.50ESCROWSENCORE (BADER DEV/ASAP)
202.50ESCROWSPLATIA PLACE
3,240.00FINANCE G & A GENERAL PROFESSIONAL SERVICES
4,125.00
1,250.00ELECTRIC PUMP INC SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE
1,250.00
180.00ELIAS ALLAN WATER UTILITY G&A GENERAL CUSTOMERS
180.00
291.11ELLIS MATTHEW WATER UTILITY G&A GENERAL CUSTOMERS
291.11
180.00ELLISON MICHAEL WATER UTILITY G&A GENERAL CUSTOMERS
180.00
563.28EMERGENCY APPARATUS MTNCE GENERAL FUND BALANCE SHEET INVENTORY
2,089.05GENERAL REPAIR EQUIPMENT MTCE SERVICE
2,652.33
486.49EMERGENCY AUTOMOTIVE TECHNOLOGIES INC GENERAL FUND BALANCE SHEET INVENTORY
486.49
162.52EMMERS WILLIAM WATER UTILITY G&A GENERAL CUSTOMERS
162.52
6,748.99ENTERPRISE FM TRUST EQUIP/VEHICLE REPLACEMENT RENTAL EQUIPMENT
6,748.99
3,781.26ENVIROTECH SERVICES INC SANDING/SALTING OTHER IMPROVEMENT SUPPLIES
3,781.26
273.68ERICKSON KURT WATER UTILITY G&A GENERAL CUSTOMERS
273.68
20.09ESTATE OF BETTY SNYDER WATER UTILITY G&A GENERAL CUSTOMERS
20.09
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 13
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
101.83ESTATE OF PHYLLIS HOLZMAN WATER UTILITY G&A GENERAL CUSTOMERS
101.83
15.00EVANS, MATT OPERATIONS TRAINING
15.00
450.00EVANSON BRADY DANCE REFUNDS & REIMBURSEMENTS
450.00
589.48FACTORY MOTOR PARTS CO GENERAL FUND BALANCE SHEET INVENTORY
11.34VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
225.00VEHICLE MAINTENANCE G&A TRAINING
825.82
1,989.00FADDEN DEREK BROOMBALL OTHER CONTRACTUAL SERVICES
1,989.00
178.00FAIRMONT FIRE SYSTEMS INC REC CENTER BUILDING OTHER CONTRACTUAL SERVICES
178.00
4,329.96FALHABER LARSON EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITS
4,329.96
1,437.71FASTENAL COMPANY WATER UTILITY G&A SMALL TOOLS
47.21GENERAL REPAIR GENERAL SUPPLIES
1,484.92
30.00FEDERAL NATIONAL MORTGAGE ASSOCIATION INSPECTIONS G & A TOWNHOME/CONDO/COOP HOUSING
30.00
245.13FELD SYLVESTER WATER UTILITY G&A GENERAL CUSTOMERS
245.13
65.93FERGUSON WATERWORKS WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
65.93
64.60FERRELLGASGENERAL FUND BALANCE SHEET INVENTORY
282.14REC CENTER BUILDING MOTOR FUELS
346.74
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 14
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
590.00FIELD TRAINING SOLUTIONS POLICE G & A TRAINING
590.00
72.45FIGUEROA CARLOS WATER UTILITY G&A GENERAL CUSTOMERS
72.45
329.00FINANCE & COMMERCE ASSESSING G & A OTHER CONTRACTUAL SERVICES
329.00
230.00FINNEGAN LORI GENERAL FUND G&A MISC EXPENSE
230.00
400.91FIRE SAFETY USA INC GENERAL FUND BALANCE SHEET INVENTORY
160.00OPERATIONSSMALL TOOLS
560.91
1.00FIRESIDE HEARTH & HOME INSPECTIONS G & A DUE TO OTHER GOVTS
65.00INSPECTIONS G & A ELECTRICAL
66.00
33.52FIRST ADVANTAGE HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES
33.52
996.81FISCHER MINING LLC WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES
996.81
22.52FITZHENRY KATIE GENERAL FUND BALANCE SHEET INVENTORY
12.00POLICE G & A TRAVEL/MEETINGS
34.52
1,000.00FORBES BRETT & AMY ESCROWS PMC ESCROW
1,000.00
276.06FORCE AMERICA DISTRIBUTING LLC GENERAL FUND BALANCE SHEET INVENTORY
276.06
332.86FOREMAN BENJAMIN WATER UTILITY G&A GENERAL CUSTOMERS
332.86
238.05FORKLIFTS OF MN INC.PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICE
238.05
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 15
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
15Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
304.18FORMS & SYSTEMS OF MN POLICE G & A OPERATIONAL SUPPLIES
304.18
12.72FORSYTHE MICHAEL WATER UTILITY G&A GENERAL CUSTOMERS
12.72
33.99FRATTALLONE'S/SAINT LOUIS PARK HOUSING REHAB BALANCE SHEET LAND HELD FOR RESALE
33.99
917.22FREMDER, MARK ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT
917.22
80.00FRICKE ANDREW OPERATIONS TRAINING
80.00
2,395.36GALLS, LLC - DBA UNIFORMS UNLIMITED POLICE G & A OPERATIONAL SUPPLIES
2,395.36
355.09GEAR WASH LLC OPERATIONS OPERATIONAL SUPPLIES
355.09
41.66GIBBER AVROHOM WATER UTILITY G&A GENERAL CUSTOMERS
41.66
10,500.11-GL CONTRACTING INC STREET CAPITAL PROJ BAL SHEET RETAINAGE PAYABLE
210,001.95CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
199,501.84
180.00GLAESER, HOLLY WATER UTILITY G&A GENERAL CUSTOMERS
180.00
230.00GLENNIE JONATHON GENERAL FUND G&A MISC EXPENSE
230.00
28.21GODZALA JESSE WATER UTILITY G&A GENERAL CUSTOMERS
28.21
211.84GOJKOVIC SERGIO WATER UTILITY G&A GENERAL CUSTOMERS
211.84
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 16
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Amount
ObjectVendorBU Description
36.75GOLDEN DONALD & JUDY WATER UTILITY G&A GENERAL CUSTOMERS
36.75
225.45GOPHER STATE ONE-CALL INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
225.45
230.00GOTT RYAN GENERAL FUND G&A MISC EXPENSE
230.00
305.00GOVERNMENT FINANCE OFFICERS ASSOCIATIONFINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS
305.00
165.75GR MECHANICAL INSPECTIONS G & A PLUMBING
165.75
67.82GRAFIX SHOPPE GENERAL FUND BALANCE SHEET INVENTORY
955.00UNINSURED LOSS G&A UNINSURED LOSS
1,022.82
198.96GRAINGER INC, WW GENERAL FUND BALANCE SHEET INVENTORY
278.40FACILITIES MCTE G & A GENERAL SUPPLIES
473.44WATER UTILITY G&A GENERAL SUPPLIES
30.00-PARK MAINTENANCE G & A GENERAL SUPPLIES
55.02REC CENTER BUILDING GENERAL SUPPLIES
71.55VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
1,047.37
615.00GRAPHIC SOURCE INC OPERATIONS GENERAL PROFESSIONAL SERVICES
615.00
2.00GRIFFITH NICHOLAS INSPECTIONS G & A DUE TO OTHER GOVTS
130.00INSPECTIONS G & A PLUMBING
132.00
26.56GUNDERSON KYLE WATER UTILITY G&A GENERAL CUSTOMERS
26.56
160.85HABERMAN MICHAEL WATER UTILITY G&A GENERAL CUSTOMERS
160.85
225.00HABITAT ARCHITECTURE INC MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 17
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Amount
ObjectVendorBU Description
225.00
710.39HAGEN, DENNIS POLICE G & A TRAVEL/MEETINGS
710.39
201.31HALVIN JONATHAN WATER UTILITY G&A GENERAL CUSTOMERS
201.31
200.00HAMILTON JAYME PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
200.00
1,612.00HAMILTON, MIKE BROOMBALL OTHER CONTRACTUAL SERVICES
1,612.00
15.00HAMPTON, BOB OPERATIONS TRAINING
15.00
70.80HARGUS NICK WATER UTILITY G&A GENERAL CUSTOMERS
70.80
67.76HAUGESAG DENTLEY WATER UTILITY G&A GENERAL CUSTOMERS
67.76
199.35HAVRILLA ARLEN WATER UTILITY G&A GENERAL CUSTOMERS
199.35
6,533.84HAWKINS INC WATER UTILITY G&A OPERATIONAL SUPPLIES
6,533.84
1.00HEARTH & HOME TECHNOLOGIES INSPECTIONS G & A DUE TO OTHER GOVTS
65.00INSPECTIONS G & A ELECTRICAL
66.00
40.02HEDDLE, ALLEN IT G & A MILEAGE-PERSONAL CAR
40.02
670.00HENNEPIN COUNTY CHIEFS POLICE POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS
670.00
87.00HENNEPIN COUNTY TREASURER IT G & A COMPUTER SERVICES
72.00ASSESSING G & A OTHER CONTRACTUAL SERVICES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 18
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Amount
ObjectVendorBU Description
255.00GENERAL BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES
2,803.17POLICE G & A EQUIPMENT MTCE SERVICE
4,722.50POLICE G & A JAIL/DETENTION SERVICES
2,325.11OPERATIONSRADIO COMMUNICATIONS
248,092.00HOUSING REHAB BALANCE SHEET LAND HELD FOR RESALE
382.00PARK MAINTENANCE G & A LICENSES
64.00REC CENTER BUILDING LICENSES
258,802.78
140.00HENRICKSEN PSG FACILITIES MCTE G & A BUILDING MTCE SERVICE
3,343.87MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
3,483.87
129.96HERBERT JOHN WATER UTILITY G&A GENERAL CUSTOMERS
129.96
71.99HERBERT LYNN WATER UTILITY G&A GENERAL CUSTOMERS
71.99
1.00HERO PHC INSPECTIONS G & A DUE TO OTHER GOVTS
60.00INSPECTIONS G & A MECHANICAL
65.00INSPECTIONS G & A PLUMBING
126.00
230.00HERRON KATHERYN GENERAL FUND G&A MISC EXPENSE
230.00
3,795.00HIGHVIEW PLUMBING INC SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE
3,795.00
270.88HIMELFARB LEON WATER UTILITY G&A GENERAL CUSTOMERS
270.88
37.13HO JENNIFER WATER UTILITY G&A GENERAL CUSTOMERS
37.13
275.00HOGG ANDREW GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
275.00
83.76HOME DEPOT CREDIT SERVICES FACILITIES MCTE G & A GENERAL SUPPLIES
30.32SNOW PLOWING GENERAL SUPPLIES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 19
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Amount
ObjectVendorBU Description
32.98DAMAGE REPAIR SMALL TOOLS
222.19WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
393.93MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
35.82PARK MAINTENANCE G & A GENERAL SUPPLIES
350.88PARK MAINTENANCE G & A SMALL TOOLS
39.08PARK BUILDING MAINTENANCE GENERAL SUPPLIES
10.45PARK GROUNDS MAINTENANCE GENERAL SUPPLIES
8.04REC CENTER BUILDING GENERAL SUPPLIES
1,207.45
60,000.00HOMES WITHIN REACH HOUSING LAND TRUST OTHER CONTRACTUAL SERVICES
10,000.00LAND TRUST OTHER CONTRACTUAL SERVICES
70,000.00
806.00HORDYK, EVAN BROOMBALL OTHER CONTRACTUAL SERVICES
806.00
243.76HORGE AL WATER UTILITY G&A GENERAL CUSTOMERS
243.76
47.01HUBER PROPERTIES, J&J WATER UTILITY G&A GENERAL CUSTOMERS
47.01
98.00HULSE LARSON ROSALEE WATER UTILITY G&A GENERAL CUSTOMERS
98.00
1,785.00I.U.O.E. LOCAL NO 49 EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES
1,785.00
400.00IACONO CHRIS BROOMBALL REFUNDS & REIMBURSEMENTS
400.00
215.90ICCINSPECTIONS G & A GENERAL SUPPLIES
135.00INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPS
350.90
25.00ICE SPORTS INDUSTRY INSTRUCTIONAL SKATING LESSONS SUBSCRIPTIONS/MEMBERSHIPS
25.00
438.20IMPACT PROVEN SOLUTIONS WATER UTILITY G&A POSTAGE
438.20SEWER UTILITY G&A POSTAGE
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 20
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
438.20SOLID WASTE G&A POSTAGE
438.20STORM WATER UTILITY G&A POSTAGE
1,752.80
292.73INTERSTATE POWER SYSTEMS INC GENERAL FUND BALANCE SHEET INVENTORY
292.73
507.90INTOXIMETERS INC POLICE G & A REPAIRS
507.90
205.45INVER GROVE FORD GENERAL FUND BALANCE SHEET INVENTORY
281.65GENERAL REPAIR EQUIPMENT MTCE SERVICE
487.10
750.00ISRAEL, DANIEL PERFORMING ARTS OTHER CONTRACTUAL SERVICES
750.00
2,641.23I-STATE TRUCK CENTER GENERAL FUND BALANCE SHEET INVENTORY
2,641.23
553.86J. H. LARSON CO.WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
553.86
23,909.77JEFFERSON FIRE & SAFETY INC EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENT
23,909.77
41.48JERRY'S HARDWARE GENERAL FUND BALANCE SHEET INVENTORY
46.60WATER UTILITY G&A EQUIPMENT PARTS
29.98VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
24.99GENERAL REPAIR GENERAL SUPPLIES
143.05
90.51JOHNSON ALTON WATER UTILITY G&A GENERAL CUSTOMERS
90.51
95.00JONES DANIEL WATER UTILITY G&A GENERAL CUSTOMERS
95.00
14.29JUDSON TERESA WATER UTILITY G&A GENERAL CUSTOMERS
14.29
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 21
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Amount
ObjectVendorBU Description
103.64KAUL BAILEY WESTWOOD G & A GENERAL SUPPLIES
103.64
225.00KELLER, DR MICHAEL POLICE G & A GENERAL PROFESSIONAL SERVICES
225.00
586.56KENNEDY & GRAVEN ESCROWS PLACE
247.00ESCROWS5605 W 36TH (AMER LEGION SITE)
114.00ESCROWSBRIDGEWATER BNK / EXC MONTEREY
947.56
91.00KIDCREATE STUDIO ART OTHER CONTRACTUAL SERVICES
202.50LITTLE TOT PLAYTIME OTHER CONTRACTUAL SERVICES
293.50
615.48KILLMER ELECTRIC CO INC UNINSURED LOSS G&A UNINSURED LOSS
615.48
13,603.24KIMLEY-HORN AND ASSOCIATES, INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
13,603.24
36.61KLEIN MATTHEW WATER UTILITY G&A GENERAL CUSTOMERS
36.61
82.81KOIVULA MICHAEL WATER UTILITY G&A GENERAL CUSTOMERS
82.81
66.11KOSAK COREY WATER UTILITY G&A GENERAL CUSTOMERS
66.11
72.00KOTTKE, KATHRYN TEEN REFUNDS & REIMBURSEMENTS
72.00
2,295.00KREMER SERVICES LLC GENERAL REPAIR EQUIPMENT MTCE SERVICE
2,295.00
466.96KRUGE-AIR INC BLDG/GROUNDS OPS & MAINT BUILDING MTCE SERVICE
466.96
439.74LANDS END BUSINESS OUTFITTERS POLICE G & A OPERATIONAL SUPPLIES
439.74
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 22
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
492.69LANGAARD GINA WATER UTILITY G&A GENERAL CUSTOMERS
492.69
28.93LANGUAGE LINE SERVICES INC POLICE G & A OTHER CONTRACTUAL SERVICES
28.93
200.00LAPRAY JOSEPH GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
200.00
281.45LAROSA LAUREN WATER UTILITY G&A GENERAL CUSTOMERS
281.45
185.00LARSON ALLAN WATER UTILITY G&A GENERAL CUSTOMERS
185.00
44.93LARSON JOEL WATER UTILITY G&A GENERAL CUSTOMERS
44.93
30.00LAUMANN, JOHN WATER UTILITY G&A LICENSES
30.00
2,907.00LAW ENFORCEMENT LABOR SERVICES INC EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES
2,907.00
99.00LEAGUE OF MN CITIES ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
1,277.00STORM WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS
1,376.00
113,236.00LEAGUE OF MN CITIES INSURANCE TRUST UNINSURED LOSS B/S PREPAID EXPENSES
1,325.10UNINSURED LOSS G&A UNINSURED LOSS
114,561.10
30.00LEWIS, DON ERU OPERATIONAL SUPPLIES
30.00
68.15LIEBLING CHARLES WATER UTILITY G&A GENERAL CUSTOMERS
68.15
356.01LITIN PAK FACILITIES MCTE G & A GENERAL SUPPLIES
356.01
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 23
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Amount
ObjectVendorBU Description
1,279.76LITTLE FALLS MACHINE INC GENERAL FUND BALANCE SHEET INVENTORY
1,279.76
3,468.25LOCKRIDGE GRINDAL NAUEN PLLP REILLY G & A LEGAL SERVICES
3,468.25
1,658.38LOFFLER COMPANIES IT G & A OFFICE EQUIPMENT
207.00POLICE G & A OFFICE SUPPLIES
1,865.38
44,448.93LOGISIT G & A COMPUTER SERVICES
24,317.00TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
68,765.93
225.00LOON ARCHITECTS MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
225.00
8,375.00LOTUS ENGINEERING & SUSTAINABILITY ENVIRONMENT & SUSTAINABILITY OTHER CONTRACTUAL SERVICES
8,375.00
2,819.84LUBE-TECH & PARTNERS LLC GENERAL FUND BALANCE SHEET INVENTORY
2,819.84
728.28M G INCENTIVES COMM & MARKETING G & A ADVERTISING
728.28
904.33M&P ENGINEERING & SURVEYING ASSOC PARK IMPROVE BALANCE SHEET RETAINAGE PAYABLE
2,718.00PARK IMPROVE CAPITAL PROJECT BUILDINGS & STRUCTURES
3,622.33
491.80MACQUEEN EQUIP CO GENERAL FUND BALANCE SHEET INVENTORY
491.80
45.00MACTACABLE TV G & A SEMINARS/CONFERENCES/PRESENTAT
45.00
1,881.69MAGNETIC SPARK NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIES
1,881.69
27,294.27MANSFIELD OIL COMPANY GENERAL FUND BALANCE SHEET INVENTORY
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 24
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
27,294.27
107.84MARTENS, AFTON JOINT COMM POLICE PARTNERSHIP MEETING EXPENSE
107.84
100.00MAUSETH ADREA FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS
100.00
345.32MENARDSFACILITIES MCTE G & A GENERAL SUPPLIES
99.00ROUTINE MAINTENANCE OTHER IMPROVEMENT SUPPLIES
123.43WATER UTILITY G&A GENERAL SUPPLIES
47.96PARK MAINTENANCE G & A GENERAL SUPPLIES
100.08WESTWOOD G & A GENERAL SUPPLIES
715.79
1,803.71MESSERLI & KRAMER EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITS
1,803.71
125.00METRO AUTO GLASS, LLC GENERAL REPAIR EQUIPMENT MTCE SERVICE
125.00
718.00METRO VOLLEYBALL OFFICIALS ASSOC.VOLLEYBALL OTHER CONTRACTUAL SERVICES
718.00
4,920.30METROPOLITAN COUNCIL INSPECTIONS G & A DUE TO OTHER GOVTS
355,040.71OPERATIONSCLEANING/WASTE REMOVAL SERVICE
359,961.01
250.00MEYER JIM GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
250.00
98.00MIKLOCZAK JUDY WATER UTILITY G&A GENERAL CUSTOMERS
98.00
63.00MILLER BRIANNA DANCE REFUNDS & REIMBURSEMENTS
63.00
70.57MILLER LEWIS WATER UTILITY G&A GENERAL CUSTOMERS
70.57
115.00MINNEAPOLIS BUSINESS JOURNAL ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 25
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
115.00
985.50MINNEAPOLIS FINANCE DEPT PAWN FEES OTHER CONTRACTUAL SERVICES
985.50
939.90MINNESOTA CHILD SUPPORT PYT CTR EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS
939.90
100.00MINNESOTA CIT OFFICER'S ASSOCIATION OPERATIONS TRAINING
100.00
120.00MINNESOTA COMPOSTING COUNCIL SOLID WASTE G&A SUBSCRIPTIONS/MEMBERSHIPS
120.00
250.00MINNESOTA DEPARTMENT OF REVENUE ASSESSING G & A SEMINARS/CONFERENCES/PRESENTAT
250.00
21,616.00MINNESOTA DEPT HEALTH WATER UTILITY G&A OTHER CONTRACTUAL SERVICES
32.00WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT
21,648.00
720.00MINNESOTA STATE FIRE CHIEFS ASSOC. OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS
720.00
150.00MINUTEMAN PRESS COMM & MARKETING G & A OFFICE SUPPLIES
150.00
8.26MINVALCO INC FACILITIES MCTE G & A GENERAL SUPPLIES
8.26
332.33MISCHEL NANCY HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLE
332.33
690.00MN FIRE SERVICE CERTIFICATION BOARD OPERATIONS TRAINING
690.00
250.00MOLLET COREY GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
250.00
624.00MOTLEY MATT BROOMBALL OTHER CONTRACTUAL SERVICES
624.00
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 26
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
130.00MPSTMAPARK MAINTENANCE G & A SEMINARS/CONFERENCES/PRESENTAT
130.00
95.00MR CUTTING EDGE REC CENTER BUILDING OTHER CONTRACTUAL SERVICES
185.00REC CENTER BUILDING EQUIPMENT MTCE SERVICE
280.00
733.62MTI DISTRIBUTING CO GENERAL FUND BALANCE SHEET INVENTORY
632.64CAPITAL REPLACEMENT B/S INVENTORY
1,366.26
229.80MULLEN CHRISTOPHER WATER UTILITY G&A GENERAL CUSTOMERS
229.80
596.29-MUNICIPAL BUILDERS INC WATER UTILITY BALANCE SHEET RETAINAGE PAYABLE
23,851.53WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI
23,255.24
280.00MUNICI-PALS INSPECTIONS G & A TRAINING
280.00
1.00MUSKAINSPECTIONS G & A DUE TO OTHER GOVTS
65.00INSPECTIONS G & A PLUMBING
66.00
192.00MVTL LABORATORIES REILLY BUDGET OTHER CONTRACTUAL SERVICES
192.00
198.00NAC MECHANICAL & ELECTRICAL SERVICES REC CENTER BUILDING EQUIPMENT MTCE SERVICE
198.00
686.60NAPA (GENUINE PARTS CO)GENERAL FUND BALANCE SHEET INVENTORY
226.92WATER UTILITY G&A EQUIPMENT PARTS
336.86GENERAL REPAIR GENERAL SUPPLIES
1,250.38
379.40ND CHILD SUPPORT DIVISION EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS
379.40
200.00NELSON AMANDA VOLLEYBALL REFUNDS & REIMBURSEMENTS
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 27
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
200.00
384.64NENNMANN JILL WATER UTILITY G&A GENERAL CUSTOMERS
384.64
150.00NIVALA PAULA WATER UTILITY G&A GENERAL CUSTOMERS
150.00
48.68NKPWATER UTILITY G&A GENERAL CUSTOMERS
48.68
1,155.00NOISEADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS
1,155.00
694.85NOKOMIS SHOE SHOP PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES
1,159.90WATER UTILITY G&A OPERATIONAL SUPPLIES
1,224.75PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
739.95REC CENTER SALARIES OPERATIONAL SUPPLIES
3,819.45
222.02NOREEN HOWARD WATER UTILITY G&A GENERAL CUSTOMERS
222.02
259.18NORTH AMERICAN SAFETY INC PUBLIC WORKS OPS G & A OPERATIONAL SUPPLIES
259.18
150.00NORTH STAR CHAPTER APPRAISAL INSTITUTE ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS
150.00
3,773.33-NORTHDALE CONSTRUCTION CO INC STREET CAPITAL PROJ BAL SHEET RETAINAGE PAYABLE
125,777.72CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
122,004.39
1,183.20NORTHERN SAFETY TECHNOLOGY INC CAPITAL REPLACEMENT B/S INVENTORY
1,183.20
528.58NORTHLAND MECHANICAL CONTRACTORS INC FACILITIES MCTE G & A BUILDING MTCE SERVICE
528.58
4,645.02NYSTROM PUBLISHING COMM & MARKETING G & A POSTAGE
6,330.94COMM & MARKETING G & A PRINTING & PUBLISHING
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 28
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
10,975.96
1,128.97OAK HILLS 7100 LLC WATER UTILITY G&A GENERAL CUSTOMERS
1,128.97
1,200.00OAK KNOLL ANIMAL HOSPITAL POLICE G & A OTHER CONTRACTUAL SERVICES
1,200.00
4,000.00OAKWOODS PARTNERS ESCROWS PMC ESCROW
4,000.00
250.00OBRIEN ANN GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
250.00
59.04OFFICE DEPOT COMM & MARKETING G & A PRINTING & PUBLISHING
248.89GENERAL INFORMATION OFFICE SUPPLIES
143.48POLICE G & A OFFICE SUPPLIES
62.00POLICE G & A OPERATIONAL SUPPLIES
75.86OPERATIONSOFFICE SUPPLIES
276.55INSPECTIONS G & A GENERAL SUPPLIES
158.89PUBLIC WORKS G & A OFFICE SUPPLIES
77.91ENGINEERING G & A OFFICE SUPPLIES
102.82WESTWOOD G & A OFFICE SUPPLIES
1,205.44
120.00OFFICE OF THE SECRETARY OF STATE INSPECTIONS G & A LICENSES
120.00
150.00OFFICE TEAM COMM & MARKETING G & A GENERAL PROFESSIONAL SERVICES
150.00
51.12OLSEN CHAIN & CABLE CO INC GENERAL FUND BALANCE SHEET INVENTORY
51.12
622.58OLSON NICHOL WATER UTILITY G&A GENERAL CUSTOMERS
622.58
25.00OLSON, MARNEY MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
25.00
245.00ON SITE SANITATION FIELD MAINT OTHER CONTRACTUAL SERVICES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 29
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
103.50ICE RENTAL NON-TAXABLE OTHER CONTRACTUAL SERVICES
348.50
193.58OXYGEN SERVICE COMPANY INC OPERATIONS OPERATIONAL SUPPLIES
193.58
2,149.50PACE ANALYTICAL SERVICES INC REILLY BUDGET OTHER CONTRACTUAL SERVICES
2,149.50
5,000.00PANNKUK JOE ESCROWS PMC ESCROW
5,000.00
4,000.00PARIS JASON ESCROWS PMC ESCROW
4,000.00
29.16PARK CHRYSLER JEEP GENERAL FUND BALANCE SHEET INVENTORY
29.16
235.00PARKTACULARADMINISTRATION G & A RENTAL EQUIPMENT
235.00
422.90PARTSMASTERVEHICLE MAINTENANCE G&A GENERAL SUPPLIES
422.90
265.00PENDZIMAS MARY GENERAL FUND G&A MISC EXPENSE
265.00
118.60PETERSON ERIK WATER UTILITY G&A GENERAL CUSTOMERS
118.60
80.00PETERSON KATHERYNE WATER UTILITY G&A GENERAL CUSTOMERS
80.00
1,000.00PETTERSON ADAM ESCROWS PMC ESCROW
1,000.00
15.50PETTY CASH GENERAL FUND BALANCE SHEET INVENTORY
30.00POLICE G & A SEMINARS/CONFERENCES/PRESENTAT
11.00POLICE G & A TRAVEL/MEETINGS
56.50
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 30
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
3,067.92PFM ASSET MANAGEMENT CITY POOLED INVESTMENTS BANK CHARGES/CREDIT CD FEES
3,067.92
16.39PILGRIM DRY CLEANERS OPERATIONS GENERAL PROFESSIONAL SERVICES
16.39
35.00PLEAAPOLICE G & A SUBSCRIPTIONS/MEMBERSHIPS
35.00
230.00PLUNKETTS PEST CONTROL GENERAL FUND G&A MISC EXPENSE
230.00
30.88PME ELECTRICAL CONTRACTING INSPECTIONS G & A ELECTRICAL
30.88
1,325.52POMP'S TIRE SERVICE INC GENERAL FUND BALANCE SHEET INVENTORY
1,325.52
23.87POST JEANINE WATER UTILITY G&A GENERAL CUSTOMERS
23.87
20,235.00POSTMASTERCOMM & MARKETING G & A POSTAGE
20,235.00
40.63PRAIRIE ELECTRIC INSPECTIONS G & A ELECTRICAL
40.63
20,190.00PRAIRIE RESTORATIONS INC INVASIVE PLANT MGMT/RESTORATIO CLEANING/WASTE REMOVAL SERVICE
20,190.00
469.05PRECISE MRM LLC PUBLIC WORKS OPS G & A MACHINERY & AUTO EQUIPMENT
469.05WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT
469.05SEWER UTILITY G&A MACHINERY & AUTO EQUIPMENT
469.05STORM WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT
1,876.20
191.53PREMIUM WATERS INC OPERATIONS OPERATIONAL SUPPLIES
191.53
184.01PRINCE SUSAN WATER UTILITY G&A GENERAL CUSTOMERS
184.01
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 31
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
512.00PRO HEADSETS E-911 PROGRAM OFFICE EQUIPMENT
512.00
500.00PRZYBILLA MICHAEL GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
500.00
8,000.00PULSEPOINT FOUNDATION OPERATIONS EMERGENCY PREPAREDNESS
8,000.00
88.65PUMP & METER SERVICE VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
88.65
65.92QUEST ENGINEERING INC GENERAL FUND BALANCE SHEET INVENTORY
65.92
22.81QUICKSILVER EXPRESS COURIER HUMAN RESOURCES GENERAL SUPPLIES
32.64VEHICLE MAINTENANCE G&A POSTAGE
55.45
9,200.00R & H PAINTING SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE
9,200.00
1,929.00-RACHEL CONTRACTING INC CAPITAL REPLACEMENT B/S RETAINAGE PAYABLE
38,580.00MUNICIPAL BLDG BUILDINGS & STRUCTURES
36,651.00
207.01RAE & RAY PROPERTIES WATER UTILITY G&A GENERAL CUSTOMERS
207.01
652.38RAILROAD MANAGEMENT COMPANY III LLC WATER UTILITY G&A LICENSES
652.38
3,982.71RANDY'S ENVIORMENTAL SERVICES FACILITIES MCTE G & A GARBAGE/REFUSE SERVICE
2,051.69REC CENTER BUILDING GARBAGE/REFUSE SERVICE
6,034.40
71.92RASMUSSEN, SUE OPERATIONS SEMINARS/CONFERENCES/PRESENTAT
71.92
3,770.00REDPATH & COMPANY FINANCE G & A AUDITING AND ACCOUNTING SERVIC
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 32
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
32Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
65.00CABLE TV G & A AUDITING AND ACCOUNTING SERVIC
195.00HOUSING REHAB G & A AUDITING AND ACCOUNTING SERVIC
650.00WATER UTILITY G&A AUDITING AND ACCOUNTING SERVIC
780.00SEWER UTILITY G&A AUDITING AND ACCOUNTING SERVIC
390.00SOLID WASTE G&A AUDITING AND ACCOUNTING SERVIC
325.00STORM WATER UTILITY G&A AUDITING AND ACCOUNTING SERVIC
6,175.00
2.00REGISTRATION FEE TRUST POLICE G & A OTHER CONTRACTUAL SERVICES
2.00
35.00RENTERS WAREHOUSE INSPECTIONS G & A TOWNHOME/CONDO/COOP HOUSING
35.00
67.27REVIVAL HOME LLC WATER UTILITY G&A GENERAL CUSTOMERS
67.27
97.94RICHTER GRACE WATER UTILITY G&A GENERAL CUSTOMERS
97.94
2,074.81RICOH USA INC IT G & A EQUIPMENT MTCE SERVICE
2,074.81
133.94RIGID HITCH INC GENERAL FUND BALANCE SHEET INVENTORY
133.94
44.51RITCHIE DONALD & BARBARA FIRTH WATER UTILITY G&A GENERAL CUSTOMERS
44.51
8,739.31RJM CONSTRUCTION LLC MUNICIPAL BLDG BUILDINGS & STRUCTURES
8,739.31
1.00ROBB'S ELECTRIC INSPECTIONS G & A DUE TO OTHER GOVTS
117.00INSPECTIONS G & A ELECTRICAL
118.00
327.63ROBERT B HILL CO REC CENTER BUILDING OPERATIONAL SUPPLIES
327.63
245.63RODRIGUEZ ANTONIO OPERATIONS TRAINING
245.63
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 33
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
400.26ROSENBAUER SOUTH DAKOTA LLC UNINSURED LOSS G&A UNINSURED LOSS
400.26
150.00ROSENGREN RICHARD WATER UTILITY G&A GENERAL CUSTOMERS
150.00
429.96ROSEVILLE MIDWAY FORD GENERAL FUND BALANCE SHEET INVENTORY
429.96
512.10ROTO-ROOTER FACILITIES MCTE G & A BUILDING MTCE SERVICE
512.10
7,600.00RUBY PROPERTY LLC ESCROWS PMC ESCROW
7,600.00
1,100.00SAFETY SIGNS CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
1,100.00
36.67SAM'S CLUB PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPS
110.00ORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPS
.07-ORGANIZED REC G & A INTEREST/FINANCE CHARGES
36.67PARK MAINTENANCE G & A SUBSCRIPTIONS/MEMBERSHIPS
36.66WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPS
219.93
334.44SCHERALDI TAN WATER UTILITY G&A GENERAL CUSTOMERS
334.44
1,041.20SCHIFSKY & SONS INC, TA WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
1,041.20
67.89SCHOENECKER DANIEL WATER UTILITY G&A GENERAL CUSTOMERS
67.89
230.00SCHOLL MILES GENERAL FUND G&A MISC EXPENSE
230.00
230.00SCOTT MARK GENERAL FUND G&A MISC EXPENSE
230.00
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 34
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
70.00SCOTT TYLER WATER UTILITY G&A GENERAL CUSTOMERS
70.00
5,141.14SEHSTREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
5,141.14
35.00SETS DESIGN INC.POLICE G & A OPERATIONAL SUPPLIES
35.00
180.40SEWALL CHUCK WATER UTILITY G&A GENERAL CUSTOMERS
180.40
729.00SHAPCO PRINTING INC COMM & MARKETING G & A PRINTING & PUBLISHING
729.00
18.74SHAWHAN BRAD & MICHELLE WATER UTILITY G&A GENERAL CUSTOMERS
18.74
18,000.00SHITECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
18,000.00
1,993.60SHILOG LTD SEWER UTILITY G&A OPERATIONAL SUPPLIES
1,993.60
45.82SHINGLES KORI ORGANIZED REC G & A MILEAGE-PERSONAL CAR
45.82
4,619.00SIGNATURE MECHANICAL INC PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI
1,998.00REC CENTER BUILDING MAINTENANCE
1,059.00REC CENTER BUILDING BUILDING MTCE SERVICE
7,676.00
15.66SIMONSEN BETH FINANCE G & A MILEAGE-PERSONAL CAR
15.66
2,004.60SLP FF ASSOC IAFF LOCAL #993 EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES
2,004.60
342.55SOJOURNER ALICIA ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
342.55
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 35
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
230.00SORENSON MARLENE GENERAL FUND G&A MISC EXPENSE
230.00
250.00SPECIAL OPERATIONS TRAINING ASSOCIATION POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS
3,050.00POLICE G & A TRAINING
3,300.00
1,720.04SPRINTIT G & A DATACOMMUNICATIONS
1,720.04
333.63SRF CONSULTING GROUP INC ENGINEERING G & A GENERAL PROFESSIONAL SERVICES
67,554.46STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
67,888.09
60,000.00ST. LOUIS PARK EMERGENCY PROGRAM STEP RENTAL ASSISTANCE OTHER CONTRACTUAL SERVICES
60,000.00
180.80STACKEN GERALD WATER UTILITY G&A GENERAL CUSTOMERS
180.80
693.78STANDARD SPRING GENERAL FUND BALANCE SHEET INVENTORY
693.78
453.44STAR TRIBUNE POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS
453.44
6.00STEVE POKORNY PLUMBING INSPECTIONS G & A PLUMBING
6.00
250.00STEVENSON JOHN WATER UTILITY G&A GENERAL CUSTOMERS
250.00
1,180.00STREICHER'S POLICE G & A OPERATIONAL SUPPLIES
180.99POLICE G & A POLICE EQUIPMENT
1,360.99
135.00STUBENVOLL ROBERT INSPECTIONS G & A 1&2 SINGLE FAM. RENTAL
135.00
753.33SUBURBAN RATE AUTHORITY WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS
753.33SEWER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 36
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
753.34STORM WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS
2,260.00
31,989.29SUMMIT ENVIROSOLUTIONS INC REILLY G & A GENERAL PROFESSIONAL SERVICES
31,989.29
441.70SUNSOURCEGENERAL REPAIR EQUIPMENT MTCE SERVICE
441.70
250.00SUSA TREASURER PUBLIC WORKS G & A SUBSCRIPTIONS/MEMBERSHIPS
250.00WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS
125.00SEWER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS
625.00
6,476.00SWANSON FLO-SYSTEMS CO WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
6,476.00
220.00SWENSON FRED WATER UTILITY G&A GENERAL CUSTOMERS
220.00
14.11SWENSON KATHLEEN WATER UTILITY G&A GENERAL CUSTOMERS
14.11
90.00TALLY PATRICIA WATER UTILITY G&A GENERAL CUSTOMERS
90.00
5,252.44TARGETSOLUTIONS LEARNING OPERATIONS TRAINING
5,252.44
298.97TAVERA ELISA WATER UTILITY G&A GENERAL CUSTOMERS
298.97
225.00TEA2MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
225.00
680.40TENNANT SALES AND SERVICE CO.GENERAL REPAIR EQUIPMENT MTCE SERVICE
680.40
29,008.13THE DAVEY TREE EXPERT COMPANY TREE TRIMMING/PRUNING OTHER CONTRACTUAL SERVICES
29,008.13
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 37
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
618.00THE KNOX COMPANY OPERATIONS FIRE PREVENTION SUPPLIES
618.00
95.76THE MPX GROUP COMM & MARKETING G & A PRINTING & PUBLISHING
95.76
200.00THE SIGN PRODUCERS FACILITIES MCTE G & A GENERAL SUPPLIES
640.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
840.00
126.11THE STANDARD ADMINISTRATION G & A LIFE INSURANCE
128.74ADMINISTRATION G & A LONG TERM DISABILITY
85.09HUMAN RESOURCES LIFE INSURANCE
88.48HUMAN RESOURCES LONG TERM DISABILITY
61.21COMM & MARKETING G & A LIFE INSURANCE
59.99COMM & MARKETING G & A LONG TERM DISABILITY
111.63IT G & A LIFE INSURANCE
121.89IT G & A LONG TERM DISABILITY
106.20ASSESSING G & A LIFE INSURANCE
104.22ASSESSING G & A LONG TERM DISABILITY
121.79FINANCE G & A LIFE INSURANCE
120.48FINANCE G & A LONG TERM DISABILITY
269.11COMM DEV G & A LIFE INSURANCE
276.49COMM DEV G & A LONG TERM DISABILITY
64.01FACILITIES MCTE G & A LIFE INSURANCE
62.83FACILITIES MCTE G & A LONG TERM DISABILITY
1,070.10POLICE G & A LIFE INSURANCE
1,055.14POLICE G & A LONG TERM DISABILITY
96.77COMMUNICATIONS/GV REIMBURSEABL LIFE INSURANCE
95.04COMMUNICATIONS/GV REIMBURSEABL LONG TERM DISABILITY
479.81OPERATIONSLIFE INSURANCE
474.40OPERATIONSLONG TERM DISABILITY
312.29INSPECTIONS G & A LIFE INSURANCE
325.63INSPECTIONS G & A LONG TERM DISABILITY
98.17PUBLIC WORKS G & A LIFE INSURANCE
100.38PUBLIC WORKS G & A LONG TERM DISABILITY
232.16ENGINEERING G & A LIFE INSURANCE
235.67ENGINEERING G & A LONG TERM DISABILITY
209.55PUBLIC WORKS OPS G & A LIFE INSURANCE
206.60PUBLIC WORKS OPS G & A LONG TERM DISABILITY
48.51CABLE TV G & A LIFE INSURANCE
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 38
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
47.52CABLE TV G & A LONG TERM DISABILITY
20.19HOUSING REHAB G & A LIFE INSURANCE
19.85HOUSING REHAB G & A LONG TERM DISABILITY
126.87WATER UTILITY G&A LIFE INSURANCE
112.58WATER UTILITY G&A LONG TERM DISABILITY
67.31SEWER UTILITY G&A LIFE INSURANCE
78.47SEWER UTILITY G&A LONG TERM DISABILITY
25.91SOLID WASTE G&A LIFE INSURANCE
25.27SOLID WASTE G&A LONG TERM DISABILITY
16.89ENVIRONMENT & SUSTAINABILITY LIFE INSURANCE
16.59ENVIRONMENT & SUSTAINABILITY LONG TERM DISABILITY
68.58STORM WATER UTILITY G&A LIFE INSURANCE
54.67STORM WATER UTILITY G&A LONG TERM DISABILITY
8,887.39EMPLOYEE FLEX SPEND G&A LIFE INSURANCE
125.98ORGANIZED REC G & A LIFE INSURANCE
128.64ORGANIZED REC G & A LONG TERM DISABILITY
137.80PARK MAINTENANCE G & A LIFE INSURANCE
135.18PARK MAINTENANCE G & A LONG TERM DISABILITY
20.19NATURAL RESOURCES G & A LIFE INSURANCE
19.85NATURAL RESOURCES G & A LONG TERM DISABILITY
64.77WESTWOOD G & A LIFE INSURANCE
56.38WESTWOOD G & A LONG TERM DISABILITY
125.73REC CTR DIV NON DPT BUDGET LIFE INSURANCE
123.32REC CENTER SALARIES LONG TERM DISABILITY
81.53VEHICLE MAINTENANCE G&A LIFE INSURANCE
79.85VEHICLE MAINTENANCE G&A LONG TERM DISABILITY
17,615.80
34.88THEIS KYLE WATER UTILITY G&A GENERAL CUSTOMERS
34.88
13.85THIELMAN NICHOLAS WATER UTILITY G&A GENERAL CUSTOMERS
13.85
290.23THOMSON REUTERS WEST PAYMENT CENTER POLICE G & A OTHER CONTRACTUAL SERVICES
290.23
63.06THRESHOLD HOLDINGS LLC WATER UTILITY G&A GENERAL CUSTOMERS
63.06
145.00TIMESAVER OFF SITE SECRETARIAL ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 39
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
145.00
1,263.94TKDAWATER UTILITY G&A ENGINEERING SERVICES
1,263.94
10.25TOLL GAS & WELDING SUPPLY WATER UTILITY G&A GENERAL SUPPLIES
10.25
90.30TOWMASTERGENERAL FUND BALANCE SHEET INVENTORY
90.30
235.26TRI STATE BOBCAT GENERAL FUND BALANCE SHEET INVENTORY
235.26
1,387.30TRUCK UTILITIES MFG CO CAPITAL REPLACEMENT B/S INVENTORY
1,387.30
268.00TWIN CITY GARAGE DOOR CO FACILITIES MCTE G & A BUILDING MTCE SERVICE
268.00
2,508.22TWIN CITY OUTDOOR SERVICES INC SNOW PLOWING OTHER CONTRACTUAL SERVICES
9,077.00SSD 1 G&A OTHER CONTRACTUAL SERVICES
3,232.00SSD 3 G&A OTHER CONTRACTUAL SERVICES
14,817.22
360.00UHL CO INC FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES
471.00FACILITIES MCTE G & A BUILDING MTCE SERVICE
360.00PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES
1,191.00
112.00UNITED WAY OF MINNEAPOLIS AREA EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAY
112.00
637.00US DEPARTMENT OF TREASURY EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS
637.00
19,292.21VALLEY-RICH CO INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
19,292.21
34.80VAUGHAN, JIM NATURAL RESOURCES G & A MILEAGE-PERSONAL CAR
34.80
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 40
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
120.00VERIFIED CREDENTIALS HUMAN RESOURCES RECRUITMENT
120.00
50.04VERIZON WIRELESS SEWER UTILITY G&A TELEPHONE
70.68CELLPHONES, IPADS, ETC.TELEPHONE
120.72
11,250.00VIGILANT SOLUTIONS INC DWI ENFORCEMENT EQUIPMENT MTCE SERVICE
11,250.00
242.74VONFINCHWATER UTILITY G&A GENERAL CUSTOMERS
242.74
281.74WALSER CHRYSLER JEEP GENERAL REPAIR EQUIPMENT MTCE SERVICE
281.74
386.80WARNING LITES OF MN INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
386.80
119.99WARZINIK GEORGE WATER UTILITY G&A GENERAL CUSTOMERS
119.99
14,192.90WASTE MANAGEMENT OF WI-MN SOLID WASTE G&A GENERAL CUSTOMERS
133,277.38SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE
74,996.45SOLID WASTE COLLECTIONS RECYCLING SERVICE
47,948.55SOLID WASTE COLLECTIONS YARD WASTE SERVICE
67,453.56SOLID WASTE COLLECTIONS ORGANICS
57,853.84SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE
395,722.68
4,769.19WATER CONSERVATION SERVICE INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
4,769.19
211.63WEINGART SCOTT WATER UTILITY G&A GENERAL CUSTOMERS
211.63
186.18WEST, JASON ORGANIZED REC G & A MILEAGE-PERSONAL CAR
186.18
18.68WETHERINGTON JUSTIN WATER UTILITY G&A GENERAL CUSTOMERS
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 41
3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V
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3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
18.68
17.01WGRB PROPERTIES WATER UTILITY G&A GENERAL CUSTOMERS
17.01
677.50WHEELCOGENERAL FUND BALANCE SHEET INVENTORY
677.50
362.89WILLENBRING, ANDY OPERATIONS TRAINING
362.89
81.25WILLIAMS MIKE WATER UTILITY G&A GENERAL CUSTOMERS
81.25
114.93WM H MCCOY PETROLEUM FUELS INC WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES
65.43STORM WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES
180.36
195.00WORTHINGHAM CRAIG WATER UTILITY G&A GENERAL CUSTOMERS
195.00
25.00WRAP CITY GRAPHICS FACILITIES MCTE G & A GENERAL SUPPLIES
5,275.00SNOW HAULING OTHER IMPROVEMENT SUPPLIES
5,300.00
1,975.00WSB ASSOC INC ENGINEERING G & A GENERAL PROFESSIONAL SERVICES
9,006.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI
3,605.00STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
14,586.00
25,605.25XCEL ENERGY FACILITIES MCTE G & A ELECTRIC SERVICE
23.58OPERATIONSEMERGENCY PREPAREDNESS
24,522.89PUBLIC WORKS OPS G & A ELECTRIC SERVICE
1,570.55REILLY BUDGET ELECTRIC SERVICE
4,482.73SEWER UTILITY G&A ELECTRIC SERVICE
1,251.64STORM WATER UTILITY G&A ELECTRIC SERVICE
5,584.05PARK MAINTENANCE G & A ELECTRIC SERVICE
72.77BRICK HOUSE (1324)ELECTRIC SERVICE
58.18WW RENTAL HOUSE (1322)ELECTRIC SERVICE
519.79WESTWOOD G & A ELECTRIC SERVICE
63,691.43
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 42
CITY OF ST LOUIS PARKR55CKS2 LOGIS400V 3/25/2019 13:41:50
Page - 42Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
3/22/20192/23/2019 -
Amount
ObjectVendorBU Description
1,525.00YTS COMPANIES LLC TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICE
917.00TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICE
2,442.00
15.72ZAPASKO INVESTMENTS LLC WATER UTILITY G&A GENERAL CUSTOMERS
15.72
5,331.35ZIEGLER INC GENERAL FUND BALANCE SHEET INVENTORY
5,331.35
18.85ZIELINSKI NICK WATER UTILITY G&A GENERAL CUSTOMERS
18.85
235.66ZIP PRINTING COMM & MARKETING G & A PRINTING & PUBLISHING
235.66
Report Totals 3,237,213.23
City council meeting of April 1, 2019 (Item No. 4a)
Title: Approval of city disbursements Page 43
Meeting: City council
Meeting date: April 1, 2019
Consent agenda item: 4b
Executive summary
Title: Historic Walker Lake Street improvements - approve final plans and specifications and
authorize ad for bids
Recommended action: Motion to adopt Resolution approving final plans and specifications,
and authorizing advertisement for bids (4018-1050).
Policy consideration: Does the city council wish to continue to pursue the proposed street
rehabilitation project scope identified in this report?
Summary: On January 7, 2019, the City Council approved the preliminary layout for the Historic
Walker Lake Street improvements. The final plans for the 2019 phase of this project is
complete. The scope of the 2019 City project includes:
• Walker Street from the railroad tracks to Dakota Avenue
• Library Lane from Lake Street to Walker Street
• Dakota Avenue from Walker Street to the frontage road.
• Frontage road from Dakota Avenue to the alley
• Street light replacement
• Watermain replacement
• Miscellaneous utility rehabilitation
Construction is proposed to begin in June and will be completed in September 2019.
Financial or budget considerations: This project is included in the Capital Improvement Plan
(CIP) for 2019. Funding will be provided by a combination of franchise fees, utility funds, and
general obligation bonds.
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
Phase 1 map
Prepared by: Joseph Shamla, Sr. Engineering Project Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Nancy Deno, Deputy City Manager/HR Director
City council meeting of April 1, 2019 (Item No. 4b) Page 2
Title: Historic Walker Lake Street improvements - approve final plans and specifications and authorize ad for bids
Discussion
Background: On January 7, 2019, the City Council approved moving forward with the project. The
consultant SRF consulting has prepared final plans and specifications for constructing Phase 1.
Phase 1 includes the area east of the railroad tracks with exception of the alleys. The alleys are
needed to accommodate parking during construction. Please see attached map which identifies
the project limits.
The scope of the work includes the following:
• Remove and replace pavement and curb and gutter, including on street parking for businesses
• Remove and replace sidewalk, incorporate ADA improvements
• Intersection improvements
• Storm water management
• Watermain replacement
• Boulevard restoration and planting of street trees
• Standard streetlight installation
Staff has been contacting the area businesses to discuss concerns and to better understand
their needs. These conversations help to make minor modifications when possible to achieve a
better outcome. Staff will do our best to minimize disruption and inconvenience, however, we
will be unable to eliminate it entirely.
Staff will host another public meeting to invite the businesses to meet the contractor. This
meeting will occur prior to the start of construction and will enable the businesses to ask
questions of the construction team.
Financial or budget considerations: The following table outlines the estimated project cost and
anticipated funding sources for this project.
CIP
Construction cost $1,715,584.60
Engineering & administration $264,545.04
Total $1,980,129.64
Funding Sources
Pavement Management $1,044,081.08
Watermain $415,528.30
Stormwater utility $194,333.16
Sidewalks and bikeways (GO Bonds) $326,187.10
Total $1,980,129.64
Next steps: The proposed schedule for the project to facilitate construction completion in 2019
is shown below:
Council awards construction bids May 6, 2019
Construction June to September 2019
City council meeting of April 1, 2019 (Item No. 4b) Page 3
Title: Historic Walker Lake Street improvements - approve final plans and specifications and authorize ad for bids
Resolution No. 19-___
Resolution approving final plans and specifications
and authorizing advertisement for bids for improvement
Project No. 4019-1050
Whereas, the City Council of the City of St. Louis Park has received a report from the
Project Manager related to the Historic Walker Lake Improvements - Project No. 4018-1050 on
January 7, 2019; and
Whereas, at the same meeting, the preliminary plan layout for Phase 1 was approved
and final plans were ordered to be developed.
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
that:
1.The final plans and specifications to construct these improvements, as prepared under the
direction of the Project Manager, or designee, are approved.
2.The City Clerk shall prepare and cause to be inserted at least two weeks in the official City
newspaper and in relevant industry publications an advertisement for bids for the making of
said improvements under said-approved plans and specifications. The advertisement shall
appear not less than 10 days prior to the date and time bids will be received by the City
Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and
accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid.
3.The Project Manager, or designee, shall report the receipt of bids to the City Council shortly
after the letting date. The report shall include a tabulation of the bid results and a
recommendation to the City Council.
Reviewed for Administration: Adopted by the City Council April 1, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
City council meeting of April 1, 2019 (Item No. 4b) Title: Historic Walker Lake Street improvements - approve final plans and specifications and authorize ad for bidsPage 4
Meeting: City council
Meeting date: April 1, 2019
Consent agenda item: 4c
Executive summary
Title: Temporary on-sale intoxicating liquor license – Church of the Holy Family
Recommended action: Motion to approve a temporary on-sale intoxicating liquor license for
Church of the Holy Family at 5900 West Lake Street for their Spring Fling to be held May 11,
2019.
Policy consideration: Does the applicant meet the requirements for issuance of a temporary
on-sale intoxicating liquor license?
Summary: The Church of the Holy Family has made application for a temporary on-sale
intoxicating liquor license for their Spring Fling event, scheduled May 11, 2019. The event will
take place in the Father Moorman Hall in the church building located at 5900 West Lake Street
and will take place from 6 – 10:30 p.m.
The police department has completed a background investigation on the principals and has
found no reason to deny the temporary license. The applicant has met all requirements for the
issuance of the license, and staff is recommending approval.
Financial or budget considerations: The fee for a temporary liquor license is $100 per day of
the event.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: None
Prepared by: Chase Peterson-Etem, Office Assistant – City Clerk’s Office
Reviewed by: Melissa Kennedy, City Clerk
Approved by: Nancy Deno, Deputy City Manager/HR Director
Meeting: City council
Meeting date: April 1, 2019
Consent agenda item: 4d
Executive summary
Title: 2019 Alley reconstruction – approve plans and specifications and authorize advertisement
for bids
Recommended action: Motion to adopt Resolution approving final plans and specifications, and
authorizing advertisement for bids (Project No. 4019-1500).
Policy consideration: Does the City Council wish to continue to implement our alley
reconstruction program?
Summary: On August 1, 2016, the City Council updated the city’s Assessment Policy. The
updated policy changed the assessment for reconstructing alleys from 100% assessed to
benefiting property owners, to 0% assessment, with the city fully funding the projects using the
Pavement Management Fund (franchise fees) and storm water utility funds. As a result, staff
developed a 10 year plan to reconstruct all gravel and bituminous alleyways to concrete
pavement. Project No. 4019-1500 is the third year of these projects and includes four alley
segments approximately 2,200 feet in length in the Lenox neighborhood. The project involves
shaping the alleys to improve drainage and the construction of 10 foot wide concrete alleys.
Construction is anticipated to begin in May with each alley taking between 2-3 weeks to
complete. All items are expected to be completed with final restoration by October of 2019.
Financial or budget considerations: This project is included in the City’s Capital Improvement
Plan (CIP) for 2019. Funding will be provided using Pavement Management (franchise fees) and
storm water utility with no assessments to residents.
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
Location map
Prepared by: Phillip Elkin, Senior Engineering Project Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Nancy Deno, Deputy City Manager/HR Director
Page 2 City council meeting of April 1, 2019 (Item No. 4d)
Title: 2019 Alley reconstruction – approve plans and specifications and authorize advertisement for bids
Discussion
Background: There are 21.25 miles of alleys throughout the City. These alleys are broken down
into two categories, improved and unimproved. According to City policy, for an alley to be
considered improved, it is constructed of concrete. 16 miles of alleys have a concrete surface
and meet the minimum standard for an improved alley. 5.2 miles of alleys are considered
unimproved. Of the unimproved alleys, 2.36 miles are asphalt and 2.85 miles are gravel.
On August 1, 2016, the City of St. Louis Park City Council adopted Resolution 16-094 which
updated the city’s assessment policy for infrastructure improvements. The updated policy
changed the assessment for reconstructing alleys from 100% assessed to benefiting property
owners, to 0% assessment, with the City fully funding the project. To proactively address alleys
staff developed a 10 year plan to reconstruct all unimproved alleys in the city. This is the third
year for this initiative.
The majority of our alleys were improved before 1980. Our oldest concrete alley was
constructed in 1958. There have been 17 alley improvement projects since 1990. The life
expectancy of a concrete alley is 50-70 years.
This year’s project will update includes four alley segments approximately 2,200 feet in length
in the Lenox neighborhood that are currently bituminous or gravel. 97 properties about the
alleys and will be impacted by the project. Improvements to the alley include grading, storm
sewer installation for better drainage, and an 8 inch concrete pavement.
An informational meeting was held on February 21, in which 10 people were in attendance
representing several homes project area. Overall, the project was received well by the property
owners.
Financial Consideration:
This project was included in the City’s Capital Improvement Plan (CIP) for 2019. Below is a
summary of the estimated costs and funding sources.
Estimated Cost
Construction costs $615,000.00
Engineering and administration (15%) $93,000.00
Total $708,000.00
Funding Sources
Stormwater Utility fund $247,800.00
Pavement Management fund $460,200.00
Total $708,000.00
Proposed Schedule:
The following is the proposed schedule:
Open Bids May 3, 2019
City Council approves construction contract May 20, 2019
City Contract to Reconstruct Alleys begins
Construction complete
May/June 2019
October 2019
Page 3 City council meeting of April 1, 2019 (Item No. 4d)
Title: 2019 Alley reconstruction – approve plans and specifications and authorize advertisement for bids
Resolution No. 19-___
Resolution approving
final plans and specifications,
and authorizing advertisement for bids
for improvement project no. 4019-1500
Whereas, the City Council of the City of St. Louis Park accepted the report from the
Project Manager related to the 2019 Alley Reconstruction - Project No. 4019-1500 on April 1,
2019; and
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
that:
1.The final plans and specifications to construct these improvements, as prepared under
the direction of the Project Manager, or designee, are approved.
2.The City Clerk shall prepare and cause to be inserted at least two weeks in the official
City newspaper and in relevant industry publications and advertisement for bids for the
making of said improvements under said-approved plans and specifications. The
advertisement shall appear not less than ten (10) days prior to the date and time bids
will be received by the City Clerk, and that no bids will be considered unless sealed and
filed with the City Clerk and accompanied by a bid bond payable to the City for five (5)
percent of the amount of the bid.
3.The Project Manager, or designee, shall report the receipt of bids to the City Council
shortly after the letting date. The report shall include a tabulation of the bid results and
a recommendation to the City Council.
Reviewed for Administration: Adopted by the City Council April 1, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
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DAKOTA AVE SEDGEWOOD AVE SCity council meeting of April 1, 2019 (Item No. 4d)
Title: 2019 Alley reconstruction – approve plans and specifications and authorize advertisement for bids Page 4
Meeting: City council
Meeting date: April 1, 2019
Consent agenda item: 4e
Executive summary
Title: Update to private activity revenue bond policy
Recommended action: Staff recommends council adopt the updated private activity revenue
bond policy.
Policy consideration: Is the city council in agreement with modifying city policy to collect the
admin fee upfront at 1% of the par amount of the bonds?
Summary: The last time the private activity revenue bond policy was updated was 2010. The
current process for collecting the fee is at the time of issuance we enter into an agreement for
collection of 1/8 of 1% on the project to be paid to the city over the duration of the bonds.
During our review of the housing rehab fund long range financial management plan staff
discussed the complexity of managing the fees over time with property owner and staffing
changes. Many cities collect the fee upfront versus our current policy of billing, collecting,
depositing semi-annually over the life of the bonds at 1/8th of 1%. In making this change we
are also able to allow an alternative to work if the 1% puts the applicant over the allowable
percentage of issuance costs and regulations. Staff can work on alternative arrangements and
would present that to council for approval for that specific application.
Other revisions and cleanup for sections such as the refunding section since tax-exempt bonds
can be refunded for many reasons and must comply with State Statutes and/or IRS code.
Staff provided a written report on the study session on March 25, 2019.
Financial or budget considerations: The policy would be amended to 1% of the par amount of
the bonds at closing.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
Revised policy
Prepared by: Tim Simon, Chief Financial Officer
Reviewed by: Karen Barton, Community Development Director
Approved by: Nancy Deno, Deputy City Manager/HR Director
City council meeting of April 1, 2019 (Item No. 4e) Page 2
Title: Update to private activity revenue bond policy
Discussion
Some of the benefits to making this change moving forward:
•Less administrative work billing, collecting and depositing over many years in which
some are over 25 years or greater (lower staffing costs for managing over time).
•Sometimes management companies change over multiple times during the life of the
bonds and are unaware of this agreement is in place. (eliminates confusion)
•If the bonds get refunded which is often the case since they have longer maturities we
no longer receive the admin fee as they get private financing to refund the bonds.
(ensures funding received up front)
•Having funds upfront will allow us to utilize and earn interest on the unused portions.
An example of how the policy would have been applied is the recent PLACE Via Sol project:
1% up front is $436,500 and the present value of the cash flow of current policy is $657,729 so
a difference of $221,229 assuming the bonds don’t get refunded between now and 2053 which
is often likely.
Comments: Based on past experience with other projects, it is highly probable that this project
would change management companies over time and also experience refunding before 2053.
Moving the policy to obtain the funds up front would avoid confusion with administration,
communication and collection of funds over the years because this change of policy allows up
front guaranteed collection of a specific set amount.
(2010 Version)
PROCEDURE
FOR
APPLICATION TO
CITY OF ST. LOUIS PARK, MINNESOTA
FOR
PRIVATE ACTIVITY REVENUE BOND FINANCING
Effective as of January 1, 2010April 1, 2019
ControllerChief Financial Officer
City of St. Louis Park
5005 Minnetonka Boulevard
St. Louis Park, MN 55416-2216
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 3
PROCEDURE FOR APPLICATION
TO THE CITY OF ST. LOUIS PARK FOR
PRIVATE ACTIVITY REVENUE BOND FINANCING
Table of Contents
Page
Part I General.......................................................................................................................... 1
Part II Guidelines ..................................................................................................................... 2
Part III Miscellaneous Matters ................................................................................................. 5
Part IV Application for Tax-Exempt Financing
(Commercial, Industrial or Health Care) ...................................................................... 7
Part V Application for Tax-Exempt Financing
(Multi-Family Housing) ............................................................................................... 10
Part VI Addendum to Application .......................................................................................... 14
Part VII Indemnification Letter of Agreement ........................................................................ 15
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 4
1
PART I
GENERAL
Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152
to 469.16551651 (the “Industrial Development Act”), the City of St. Louis Park has authority to issue
industrial, commercial, and health care revenue bonds or notes to attract or promote economically
sound industry and commerce to the City.
Under Minnesota Statutes, Chapter 462C (the “Housing Act”) the City is authorized to issue housing
revenue bonds to finance multi-family residential housing projects for low and moderate income
persons and elderly persons. Projects must be consistent with the City's Housing Plan and must be
embodied in a Housing Program as these terms are defined in the Housing Act.
The Council is aware that such financing for certain private activities may be of benefit to the City
and will consider requests for tax exempt financing subject to these Guidelines. The Council
considers tax exempt financing to be a privilege, not a right.
It is the judgment of the Council that tax exempt financing is to be used on a selective basis to
encourage certain development that offers a benefit to the City as a whole, including significant
employment and housing opportunities. It is the applicant's responsibility to demonstrate the
benefit to the City, both in writing and at the required public hearing. The applicant should
understand that although approval may have been granted by the City for the issuance of financing
for a similar project or a similar debt structure that is not a basis upon which approval will be
granted. Each application will be judged on the merits of the project as it relates to the public
purposes of the Housing Act or the Industrial Development Act and the benefit to the City at the
time the request for financing is being considered.
This document supersedes the Procedure for Application to The City of St. Louis Park for Private
Activity Revenue Bond Financing initially approved December 7, 1992 as amended through October
18, 1993.
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 5
2
PART II
GUIDELINES
1. The Council will consider tax exempt financing for commercial, industrial and health care
projects under the Industrial Development Act and housing projects under the Housing Act.
An applicant for tax exempt financing pursuant to the Industrial Development Act must
submit to the City the application contained in Part IV of these Guidelines. An applicant for
tax exempt financing, pursuant to the Housing Act, must submit to the City the application
contained in Part V of these Guidelines.
2. Projects must be compatible with the overall development plans and objectives of the City
and comply with the zoning and land use regulations of the City.
3. An application will not be considered by the Council until tentative City Code findings and
requirements have been made with respect to zoning, building plans, platting, streets, and
utility services. The application must be accompanied by the addendum contained in Part
VI of these Guidelines and must provide information as to the project's need for municipal
services including, but not limited to, street improvements, water and sewer services, and
police and fire protection.
4. The project must be a positive benefit to the City. The project must be of a nature that the
City wishes to attract, or an existing business which the City wishes to have expand within
the City, considering employment opportunities, incentive for further development, impact
on City services, and support for the industrial, commercial or health care operations
currently located in the City. A housing project must provide significant housing
opportunities for low and moderate income persons or the elderly.
5. The Council will, if requested, grant an applicant a pre-application review. The purpose of
the pre-application review is to inform applicants of the possibility of rejection or the
possible bases for such rejection. The fact that the project is not rejected at the pre-
application stage is not to be construed as approval of the project or as an indication that
the project will be approved upon formal request to the Council. Requests for tax exempt
financing may be rejected by the City whether or not the project was submitted to a pre-
application review and regardless of the outcome or recommendation of that pre-
application review.
A request for pre-application review must be in writing, addressed to the City
ControllerChief Financial Officer, and set forth the name of the project, the type of project
intended and the name, address and telephone number of the person who will be
representing the applicant at the pre-application review, together with such additional
information as the applicant desires to submit.
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 6
3
6.The applicant must select a qualified financial adviser or underwriter to assist the applicant
in preparing all necessary application documents and materials. The financial adviser will
submit a letter that establishes the financial feasibility of the project. Applications may, in
the alternative, include a signed letter from a responsible financial institution indicating that
the project is economically feasible and viable and stating that bonds can be successfully
sold for the project or that an individual who is a “qualified investor” or institution intends
to purchase all of the bonds.
The applicant must receive approval from the appropriate state agencies, secure financing
and commence construction within one year of the date of the resolution giving preliminary
approval to the project or the housing program. Upon application, the Council may approve
an extension of the preliminary approval.
The City will appoint bond counsel for the bond issue, which will normally be the City's
regularly retained bond counsel.
7.Pursuant to the Industrial Development Act and the Housing Act, consideration of an
application for tax exempt financing must be done at a public hearing held by the Council.
Modifications to the project after the public hearing and preliminary approval must be
consistent with the scope of the project as proposed at the time of preliminary approval.
8.The City is to shall be reimbursed and held harmless for and from any out-of-pocket
expenses related to the tax exempt financing including, but not limited to, legal fees,
financial analyst fees, bond counsel fees, the City’s expenses in connection with the
application, and any deposits or application fees required under state law in order to secure
allocation of bonding authority. The applicant must execute a letter to the City undertaking
to pay all such expenses. A form of the required letter is set forth as Part VII of these
Guidelines. A non-refundable application fee in the amount of $2,500 must be included with
the submission of the application.
9.Prior to closing and delivery of the bonds for the project, the applicant must pay at closing,
or commit to pay an annual administrative fee in the amount of 1/8th of 1% (.125%) of the
outstanding principal balance 1% of par amount of the bonds. The administrative fee may
be paid in a lump sum at closing on the bonds, or may be paid semiannually while the bonds
are outstanding at the times specified in the bond documents. The administrative fees
required by this paragraph will be adjusted at or paid prior to delivery of the bonds if
necessary to ensure compliance with the Internal Revenue Code and regulations. If the
administrative fees required by this paragraph are in conflict with the provisions of the
Internal Revenue Code related to tax-exempt bonds and the regulations promulgated
thereunder, the City may consider alternative payment arrangements for the administrative
fees to ensure compliance with the Internal Revenue Code and regulations.
10.Applications for financing must be made on the forms attached to these Guidelines. In
addition, the applicant must furnish a description of the project, a plat plan, elevation of
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 7
4
proposed buildings, landscape, lighting, and site preparation, together with a brief
description of applicant and the proposed financing in such form as required at the time of
application.
11. The Council may, in its sole discretion, impose conditions exceeding those required under
the City building and land use codes and policies in respect to exterior building materials,
landscaping, signage lighting, and such other aspects as the Council may consider
appropriate on a case-by-case basis.
12. The Council may, in its sole discretion, withdraw its preliminary approval of a project any
time if in its judgment the purposes of the Act will not be served by going forward with the
project and its financing.
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 8
5
PART III
MISCELLANEOUS MATTERS
1. Ratings. The City will give its most favorable consideration to proposed tax exempt bond
issues that have the same or higher rating as the City's obligations by Moody's Investment
Service or Standard & Poor's Corporation. Issues carrying lower ratings or non-rated issues
may be sold only to institutional or other investors on a private placement basis and must
be in denominations of at least $100,000. The Council may depart from this guideline when
in its judgment the project is of a level of merit and public purpose to justify the departure;
and in case of such a departure the Council must state its reasons therefor in the resolution
awarding the sale of the bonds.
2. Refundings. The Council will normally approve the refunding of a tax-exempt issue but only
upon a showing by the applicant of (i) substantial debt service savings, (ii) the removal of
bond covenants significantly impairing the financial feasibility of the project, or (iii) both (i)
and (ii). In the case of refundings of bonds for which the administrative fee listed in
paragraph 9 of Part II have been paid in full, no new administrative fees are required; but
the non-refundable application fee must be paid together with all City expenses in excess of
that fee. If the administrative fees for the refunded bonds are not paid in full upon closing
on the refunding bonds, such fees must continue to be paid for the refunding bonds.
In the case of refundings of bonds where no administrative fee has been paid, the
administrative fees listed in paragraph 9 of Part II must be paid. The application form is to
be appropriately modified.
3. Subsequent Proceedings. Where changes to the underlying documents or credit facilities of
outstanding bond issues are to be made and require Council action (including changes that
are a “deemed reissuance” under Internal Revenue Service regulations), no administrative
fee is charged but a non-refundable fee of $1,500 must be deposited with the City to cover
administrative costs. No formal application form is required.
4. Issue by Another Political Subdivision. The City will consider requests for tax exempt
financing of projects in the City by other political subdivisions. In these cases the non-
refundable application fee must be paid and all procedures through the approval of the
preliminary resolution followed. No administrative fee is charged.
5. City Contact. Initial contacts about tax-exempt financing are made by contacting:
Chief Financial OfficerController
City of St. Louis Park
5005 Minnetonka Boulevard
St. Louis Park, MN 55416-2216
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 9
6
6.Deadlines. The Council conducts all tax exempt financing matters at regularly scheduled
Council meetings held on the first and third Monday of each month. Documents for Council
consideration must be at the City office on the Monday of the week preceding the Council
meeting at which the matter is to be considered. In the case of a publicly offered bond ,
issue, the documents, when submitted, may specify a maximum price and maximum
effective interest rate if prices and rates have not yet been established. The applicant should
expect this process to take 60-90 days to complete.
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 10
7
PART IV
APPLICATION FOR
TAX-EXEMPT FINANCING
(Commercial, Industrial or Health Care)
1. APPLICANT
a. Business Name:
b. Business Address:
c. Business Form (corporation, partnership, sole proprietorship, etc.):
d. Authorized Representative:
e. Principal contact person and telephone number:
2. PURPOSE OF REQUESTED FINANCING:
a. New Facility (describe):
b. Expansion (describe):
c. Refunding (attach explanatory letter)
d. Acquisition (describe)
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC.:
4. ESTIMATED PROJECT COSTS: (Not required for refunding)
Land $______________
Building ______________
Equipment ______________
Architectural, Engineering ______________
Costs of Issuance ______________
Capitalized Interest,
including discount ______________
Other ______________
Total Financing Requested $______________
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 11
8
5. AMOUNT OF FINANCING REQUESTED: $_____________ (___% of project costs)
6. TYPE OF FINANCING PROPOSED:
Bonds ______ Tax Exempt Mortgage _______
Expected Term of Financing ______ Years
Security:
Mortgage ________
Letter of Credit ________
Guaranty (third party) _______
Guaranty (personal) _______
Unsecured _______
Other (specify) _______
7. BUSINESS PROFILE: (Not required for refunding)
a. Is the business located in the City of St. Louis Park now?
b. Number of employees in City:
1) Before this project:
2) After this project:
c. Approximate annual sales:
d. Length of time in business:
Length of time in business in City:
e. Do you have plants in other locations? If so, where?
8. NAMES OF:
a. Underwriter (name and contact person):
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 12
9
b.Borower’sCorporate Counsel:
c.Underwriter's Counsel:
9.WHAT IS YOUR ANTICIPATED TARGET DATE FOR (if applicable):
a.Construction start:
b.Construction completion:
10.Attachments:
a.Project description:
b.Draft application to Department of Trade and Economic Development – together
with necessary attachments
bc. Initial application fee
cd.Indemnification Letter of Agreement
I certify that the information provided above contains no misrepresentations, omissions or
concealments of material facts and that the information given is true and complete to the best of
my knowledge. I have been furnished a copy of the Procedure for Application to the City of St. Louis
Park for Private Activity Revenue Bond Financing and is aware of its content and agree to be bound
by its terms and the terms of the indemnification letter.
The applicant understands and acknowledges that the City of St. Louis Park is a governmental body
and is subject to the requirements of Minn. Stat. Chapter 13 (the “Minnesota Data Practices Act”).
Some of the data provided by the applicant to the City of St. Louis Park may be required to be
disclosed if requested pursuant to the Minnesota Data Practices Act.
______________________________ ______________________________
Signature Date
______________________________
Title
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 13
10
PART V
APPLICATION FOR TAX-EXEMPT FINANCING
(Multi-Family Housing)
______________________________ DATE OF APPLICATION:
APPLICANT:
CONTACT PERSON:______________________________
TITLE:
ADDRESS:
TELEPHONE (___)_________________________
PROJECT NAME:
PROJECT LOCATION:
APPLICANT
a. Business Name:
b. Business Address:
c. Business Form (corporation, partnership, sole proprietorship, etc.):
d. Authorized Representative:
e. Principal contact person and telephone number:
2. PURPOSE OF REQUESTED FINANCING:
a. New Facility (describe):
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 14
11
b. Expansion (describe):
c. Refunding (attach explanatory letter)
d. Acquisition (describe)
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC.:
4. ESTIMATED PROJECT COSTS: (Not required for refunding)
Land $______________
Building ______________
Equipment ______________
Architectural, Engineering ______________
Costs of Issuance ______________
Capitalized Interest,
______________
Other ______________
Total Financing Requested $______________
5. AMOUNT OF FINANCING REQUESTED: $_____________ (___% of project costs)
6. TYPE OF FINANCING PROPOSED:
Bonds ______ Tax Exempt Mortgage _______
Expected Term of Financing ______ Years
Security:
Mortgage ________
Letter of Credit ________
Guaranty (third party) _______
Guaranty (personal) _______
Unsecured _______
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 15
12
Other (specify) _______
PROJECT INFORMATION RENT UNITS
Efficiency $_______________ __________
One Bedroom $______________ __________
Two Bedroom $______________ __________
Three Bedroom $______________ __________
Parking (included in rent/
not included in rent) $______________ __________
Laundry $______________ __________
Utilities included in monthly rent: _____________________________________________
________________________________________________________________________
OPERATING EXPENSES
____________% of Gross (Annual)
TOTAL PROJECT COST: $_________ DEVELOPER EQUITY: $_________
DEBT SERVICE: $_________ *HARD COSTS: $_________
LAND VALUE: $_________ SOFT COSTS: $_________
*(Hard Costs are all project costs the IRS has determined to be eligible items for depreciation.)
ANTICIPATED INTEREST RATES: AMORTIZATION SCHEDULE:
________________% _____-Year Amortization Schedule
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 16
13
If the project were convention-
ally financed, what interest
rate would you expect to pay?
_______%
SALES ASSUMPTION: DEPRECIATION METHOD:
How many years do you plan to Years: _____________
hold the property before you
sell? ________________________ Type: ________________________
years. At what percent do you
feel the value of the project Amount of Total Basis: $______
will appreciate? _____________
EQUIPMENT:
$________________ of project cost is for equipment (e.g., washers/dryers)
ANTICIPATED INCREASES: ANTICIPATED VACANCY RATE:
Revenue: _____% per year First Year: _________%
Expenses: ______% per year After First Year: _________%
CONSTRUCTION SCHEDULE
Anticipated construction commencement date: _____________________
Anticipated construction completion date: _______________________
Names of:
a.Underwriters (name and contact person):
b.Borrower’s Counsel:
c.Underwriter’s Counsel:
Attachments:
a.Project Description:
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 17
14
b. Initial application fee
c. Indemnification Letter of Agreement
ADDITIONAL INFORMATION:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
I certify that the information provided above contains no misrepresentations, omissions or
concealments of material facts and that the information given is true and complete to the best of
my knowledge. I have been furnished a copy of the Procedure for Application to the City of St. Louis
Park for Private Activity Revenue Bond Financing and is aware of its content and agree to be bound
by its terms and the terms of the indemnification letter.
The applicant understands and acknowledges that the City of St. Louis Park is a governmental body
and is subject to the requirements of Minn. Stat. Chapter 13 (the “Minnesota Data Practices Act”).
Some of the data provided by the applicant to the City of St. Louis Park may be required to be
disclosed if requested pursuant to the Minnesota Data Practices Act.
______________________________ ______________________________
Signature Date
______________________________
Title
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 18
15
PART VI
ADDENDUM TO APPLICATIONS
The following items must be attached to each application:
APPENDIX A
A brief description of the organizational structure of Applicant, including parent subsidiary and
affiliate organizations (if applicant is other than an individual).
APPENDIX B
Statement of Applicant's business history, including any multi-family rental projects.
APPENDIX C
The name, address, and telephone number of:
1. The Applicant's legal counsel
2. The Applicant's accountant
3. The architect of the proposed Project
4. The engineer of the proposed Project
5. The general contractor of the proposed Project
APPENDIX D
1.Present ownership of the proposed Project site and Applicant's interest therein.
2.Present zoning comprehensive plan guiding of the Project site and a description of what city
land use approvals have been received or are needed for this project.
3.The projected number of new employees to be added to the Applicant's permanent work
force because of the Project (for Commercial, Industrial or Health Care only).
4.Other financing attempted or available to the Project including any interim financing.
5.Statement regarding whether or not this project has all required city approvals. If the project
does not have all of the required approvals, list the approvals still needed and a tentative time
schedule.
APPENDIX E
Indemnification Letter of Agreement.
APPENDIX F
Proforma Analysis of the Project
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 19
16
PART VII
INDEMNIFICATION LETTER OF AGREEMENT
The Mayor of the City of St. Louis Park
and Members of the City Council
City of St. Louis Park
5005 Minnetonka Boulevard
St. Louis Park, MN 55416-2216
RE: Application of _________________ for Tax Exempt Revenue Bond Financing by the City of St.
Louis Park
Dear Mayor and Members of the City Council:
This letter of agreement is given by _____________________, a _________________ under the
laws of Minnesota ("Applicant") as required by the City of St. Louis Park, Minnesota in connection
with its consideration of an application for tax exempt revenue bond financing for the project
described in the application.
Applicant agrees as follows:
1. Applicant agrees to pay or reimburse the City for any and all costs and expenses which the
City may incur in connection with its consideration of the project and the granting of tax
exempt revenue bond financing therefor, whether or not the project is preliminarily approved
by the City, whether or not the project is approved by the State of Minnesota, whether or not
revenue bond financing is finally approved by the City, whether or not the bonds are issued
and sold, and whether or not the project is carried to completion.
2. Applicant agrees to indemnify and hold the City, its officers, employees and agents harmless
against any and all losses, claims, damages, expenses or liabilities, including attorneys fees
incurred in their defense, to which the City, its officers, employees and agents may become
subject in connection with the City's consideration, issuance or sale of the bonds for
Applicant's project and the carrying out of the transactions contemplated by this agreement
and any resolutions adopted, or agreements executed by the City in connection with the
issuance of its bonds for this project.
3. Applicant hereby releases the City, its officers, agents and employees from any claims, causes
of action, losses, damages, or liabilities which it may have against the City, its officers, agents,
and employees or which it may incur in connection with: the City's consideration of the
application for industrial development revenue bond financing for Applicant's project; the
failure of the City, in its discretion, to issue tax-exempt revenue bonds for Applicant's project;
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 20
17
the issuance and sale of the bonds; the construction of the project; or any other matter or
thing of any type or nature whatsoever which may arise in connection with the foregoing.
4.Applicant is aware of the City's application and administrative fee structure for tax exempt
financing and agrees and covenants that all such fees will be paid in the amount and at the
times required.
Dated: ____________ (Applicant)
By ___________________________
Its __________________________
City council meeting of April 1, 2019 (Item No. 4e)
Title: Update to private activity revenue bond policy Page 21
Meeting: City council
Meeting date: April 1, 2019
Consent agenda item: 4f
Executive summary
Title: Bid Tabulation: 2019 Cedar Lake Road MSA Project (4019-1100)
Recommended action: Motion to designate Valley Paving, Inc. the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of $9,134,438.93 for the
2019 Cedar Lake Road Project No. 4019-1100.
Policy consideration: Does the City Council wish to continue to implement our Pavement
Management program?
Summary:
A total of three (3) bids were received for this project. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Valley Paving, Inc. **$9,134,438.93
Thomas and Sons Construction **$9,472,321.72
Meyer Contracting $9,704,832.38
Engineer’s Estimate $7,723,567.75
** Denotes correct amount
A review of the bids indicates Valley Paving, Inc. submitted the lowest bid. Valley Paving, Inc. has
the resources necessary to successfully complete this project. Staff recommends that a contract
be awarded to the firm in the amount of $9,134,438.93.
Financial or budget considerations: This project is included in the City’s Capital Improvement
Plan (CIP) for 2019. Funding will be provided by the following sources: Municipal State Aid,
water utility, storm water utility, sanitary sewer utility, and General Obligation Bonds. The low
bid is higher than the estimate, however, it is recommended to award the bid as submitted.
Additional information on the breakdown of the funding can be found later in this report.
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
Prepared by: Joe Shamla, Sr. Project Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Nancy Deno, Deputy City Manager/HR Director
City council meeting of April 1, 2019 (Item No. 4f) Page 2
Title: Bid Tabulation: 2019 Cedar Lake Road MSA Project (4019-1100)
Discussion
Background: The preliminary layout for Cedar Lake Road was approved at the October 15, 2018
City Council Meeting. On March 4, 2019, the City Council approved the plans and specifications
and ordered the advertisement for bids. Staff opened bids on March 26, 2019 for this project.
An advertisement for bids was published in the St. Louis Park Sun-Sailor and Finance and
Commerce on March 7 and 14, 2019. In addition, plans and specifications are noticed on the
City Website and are made available electronically via the internet by our vendor
QuestCDN.com. Final printed plans were available for viewing at Construct Connect, Dodge
Data and at City Hall.
Forty-three (43) contractors/vendors purchased plan sets including five (5) Disadvantage
Business Enterprises (DBE) and one (1) Vet Owned.
Project funding: Staff has analyzed the bids and determined that Valley Paving, Inc. is a qualified
contractor that can complete this work during the 2019 construction season. The low bid does
exceed the various funds available in the City’s 2019 CIP. Based on the low bid received, cost and
funding details are as follows:
CIP Low Bid w/eng
Construction Cost $7,349,350.00 $9,134,438.93
Engineering & Administration (14%-25%) $1,258,041.00 $1,938,554.16
2019 Cedar Lake Road Project Total $8,607,391.00 $11,072,993.09
Funding Sources
Municipal State Aid $4,838,769.00 $5,355,829.31
Watermain $1,656,250.00 $2,091,625.24
Sanitary Sewer $53,571.00 $62,295.43
Stormwater Utility $526,788.00 $1,422,109.83
Sidewalks & Trails (GO Bonds) $1,532,013.00 $2,141,133.25
2019 Cedar Lake Road Project Total $8,607,391.00 $11,072,993.06
Due to the nature of our construction projects, unexpected costs do come up. To address this,
past practice has been to show a contingency for all aspects of the project. What follows is a
table that shows this contingency and how this would affect the project costs.
Low Bid Contingency (5%) Engineering Total
Municipal state aid $4,284,663.45 $214,233.17 $1,071,165.86 $5,570,062.48
Watermain $1,834,758.98 $91,737.95 $256,866.26 $2,183,363.19
Sanitary sewer $54,645.11 $ 2,732.26 $7,650.32 $65,027.69
Storm water utility $1,247,464.76 $62,373.24 $174,645.07 $1,484,483.07
Bikeway/ sidewalk/
trail (GO bonds)
$1,712,906.60 $85,645.33 $428,226.65 $2,226,778.58
Total $9,134,438.90 $456,721.95 $1,938,554.16 $11,529,715.01
Bid analysis: Usually there are five to eight bids submitted for municipal state aid projects. This
year only three bids were submitted. In addition the low bid is 18% over the engineer’s estimate.
There are three potential options open to the city when a bid is higher than what is included in
City council meeting of April 1, 2019 (Item No. 4f) Page 3
Title: Bid Tabulation: 2019 Cedar Lake Road MSA Project (4019-1100)
the CIP. These are; Reject the bid and rebid for this year, reject the bid and delay the project until
a future year, and award the bid along with CIP adjustments to provide funding.
To prepare our recommendation for award, staff explored these three options and is
recommending that we award the bid and make CIP adjustment to cover funding. We developed
this recommendation after reaching out to contractors and staff in the surrounding cities to
better understand the bidding climate and what other cities were seeing for bid pricing.
Nearby cities are also seeing bids come in higher than estimated. There is a great deal of work
available for bidding, which is driving up costs. In addition to work in other cities, large projects
such as the SWLRT and MnDOT’s 35W corridor construction projects are tapping the pool of
contractors and subcontractors. This results in many contractors having their schedule booked
and not having available resources to take on additional work. The bid pricing is showing that
demand for work is higher than past years.
Staff does not recommend going back out to bid for this project in 2019, since it is unlikely that
the pricing will change. In addition, a delay of 6 to 8 weeks to rebid will result in the project not
being completed this year.
Finally, the segments of streets and watermain in this project are recommended to be
rehabilitated. Delaying the project to 2020 or later will likely not result in reduced pricing. It is
expected that this bidding climate will not change in the foreseeable future. Delaying this
project will only result in additional deterioration to the infrastructure, causing the cost of
rehabilitation to increase. In addition, there will be maintenance costs associated with keeping
the road serviceable for another year or more.
To ensure that the condition of our streets remains good, and that they continue to serve our
community, we recommend that we move ahead with this project in 2019. To accomplish this,
Engineering has reviewed the contract costs with the Chief Financial Officer. To provide
adequate funding for this project the following shifts are recommended to the CIP:
Municipal state
aid
• There is adequate funding balance in our MSA account to cover the
additional cost, however, staff will review the project quantities and
identify value engineering opportunities to reduce the contract cost.
Watermain • Reduce the budget for 2020 CIP projects to offset additional cost.
Sanitary sewer • Close to CIP budget, no shift necessary due to cost savings on other
projects.
Storm water
utility
• Delay the bidding on two storm water maintenance projects until 2020 or
2021.
• Reduce the budget for 2020 CIP projects to offset additional cost.
• Review the project quantities and identify value engineering opportunities
to reduce the contract cost.
Bikeway/
sidewalk/
trail (GO bonds)
• The city received a bond premium on the recent 2019A bond issue which
can be used only for related purposes of the bonds issued. Since bikeway/
sidewalk/trails projects are related we will use the bond premium to cover
the difference on the sidewalk and trail portion.
City council meeting of April 1, 2019 (Item No. 4f) Page 4
Title: Bid Tabulation: 2019 Cedar Lake Road MSA Project (4019-1100)
During the 10 year CIP update process this year, staff will be carefully reviewing the estimated
cost and scope for our projects. To accommodate future funding, we will be making
adjustments so that they reflect the bid pricing that we experienced for this year’s project.
Next steps: Construction is anticipated to begin in April and should be completed by November
2019.
Meeting: City council
Meeting date: April 1, 2019
Consent agenda item: 4g
Executive summary
Title: Bid Tabulation: 2019 Pavement Management Project (4019-1000)
Recommended action: Motion to designate GMH Asphalt Corporation the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of $6,250,317.48 for
the 2019 Pavement Management Project No. 4019-1000.
Policy consideration: Does the City Council wish to continue to implement our Pavement
Management program?
Summary:
A total of two (2) bids were received for this project. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
GMH Asphalt Corporation $6,250,317.48
Valley Paving **$6,505,519.68
Engineer’s Estimate $4,913,274.25
** Denotes correct amount
A review of the bids indicates GMH Asphalt Corporation submitted the lowest bid. GMH Asphalt
Corporation is a reputable contractor. Staff recommends that a contract be awarded to the firm
in the amount of $6,250,317.48.
Financial or budget considerations: This project is included in the City’s Capital Improvement
Plan (CIP) for 2019. Funding will be provided by the following sources: franchise fees, water
utility, storm water utility, sanitary sewer utility, and General Obligation Bonds. The low bid is
higher than the estimate; however, it is recommended to award the bid as submitted.
Additional information on the breakdown of the funding can be found later in this report.
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
Prepared by: Aaron Wiesen, Project Engineer
Reviewed by: Debra Heiser, Engineering Director
Approved by: Nancy Deno, Deputy City Manager/HR Director
City council meeting of April 1, 2019 (Item No. 4g) Page 2
Title: Bid Tabulation: 2019 Pavement Management Project (4019-1000)
Discussion
Background: Bids were received on March 19, 2019 for the 2019 Pavement Management
project. The 2019 construction season will be the fifteenth year of implementing the City’s
Pavement Management Program.
This year’s work, Project No. 4019-1000, will be performed in Area 7 of the City’s eight
pavement management areas. It includes work in the Eliot View, Willow Park, and Pennsylvania
Park Neighborhoods. Selection was based on street condition surveys and field evaluations to
determine current conditions of the pavement, curb and gutter, and the city’s underground
utilities. City staff worked together to select streets and to recommend appropriate
rehabilitation techniques for inclusion in this year’s Pavement Management Project.
An advertisement for bids was published in the St. Louis Park Sun-Sailor on February 21, 2019.
In addition, plans and specifications are noticed on the City Website and are made available
electronically via the internet by our vendor QuestCDN.com. Final printed plans were available
for viewing at Construct Connect, Dodge Data and at City Hall.
Fifty one (51) contractors/vendors purchased plan sets including seven (7) Disadvantage Business
Enterprises (DBE) and one (1) Vet Owned.
Funding Details: Staff has analyzed the bids and determined that GMH Asphalt Corporation is a
qualified contractor that can complete this work during the 2019 construction season. The low
bid does exceed the various funds identified in the City’s 2019 CIP. Based on the low bid received,
cost and funding details are as follows:
CIP Low Bid
Construction Cost $5,058,621.00 $5,745,051.48
Engineering & Administration (10%-20%) $664,612.00 $777,385.16
Base Bid Total $5,723,233.00 $6,522,436.64
Funding Sources
Pavement Management $2,921,000.00 $3,707,562.17
Watermain $1,411,983.00 $1,504,520.63
Sanitary Sewer $275,000.00 $131,027.24
Stormwater Utility $385,000.00 $679,146.72
Sidewalks & Trails (GO Bonds) $730,250.00 $500,179.88
Base Bid Total $5,723,233.00 $6,522,436.64
Alternate Bid- Fiber Optic System
Construction Cost $505,266.00 $505,266.00
Engineering & Administration (10%) $50,526.60 $50,526.60
Alternate Bid Total $555,792.60 $555,792.60
Funding Sources
Fiber (GO Bonds) $555,792.60 $555,792.60
Alternate Bid Total $555,792.60 $555,792.60
2019 Pavement Management Project Total $6,279,025.60 $7,078,229.24
City council meeting of April 1, 2019 (Item No. 4g) Page 3
Title: Bid Tabulation: 2019 Pavement Management Project (4019-1000)
Due to the nature of our construction projects, unexpected costs do come up. To address this,
past practice has been to show a contingency for all aspects of the project. What follows is a
table that shows this contingency and how this would affect the project costs.
Low Bid Contingency
(5%)
Engineering Total
Pavement Management $3,223,967.10 $161,198.36 $483,595.07 $3,868,760.52
Watermain $1,367,746.03 $68,387.30 $136,774.60 $1,572,907.93
Sanitary Sewer $119,115.67 $ 5,955.78 $11,911.57 $136,983.02
Storm Water Utility $617,406.11 $30,870.31 $61,740.61 $710,017.03
Sidewalk (GO Bonds) $416,816.57 $20,840.83 $83,363.31 $521,020.71
Fiber (GO Bonds) $505,266.00 $25,263.30 $50,526.60 $581,055.90
Total $6,250,317.48 $312,515.87 $827,911.76 $7,390,745.11
Bid analysis: Usually there are 5 to 10 bids submitted for pavement management projects. This
year only two bids were submitted. In addition the low bid is 14% over the engineer’s estimate.
There are three potential options open to the city when a bid is higher than what is included in
the CIP. These are; Reject the bid and rebid for this year, reject the bid and delay the project
until a future year, and award the bid along with CIP adjustments to provide funding.
To prepare our recommendation for award, staff explored these three options and is
recommending that we award the bid and make CIP adjustment to cover funding. To come to
this recommendation, we reached out to contractors and staff in the surrounding cities to
better understand the bidding climate and what other cities were seeing for bid pricing.
Nearby cities are also seeing bids come in higher than estimated. There is a great deal of work
available for bidding, which is driving up costs. In addition to work in other cities, large projects
such as the SWLRT and MnDOT’s 35W corridor construction projects are tapping the pool of
contractors and subcontractors. This results in many contractors having their schedule booked
and not having available resources to take on additional work. The bid pricing is showing that
demand for work is higher than past years.
Staff does not recommend going back out to bid for this project in 2019, since it is unlikely that
the pricing will change. In addition, a delay of 6 to 8 weeks to rebid will result in the project not
being completed this year.
Finally, the segments of streets and watermain in this project are recommended to be
rehabilitated. Delaying the project to 2020 or later will likely not result in reduced pricing. It is
expected that this bidding climate will not change in the foreseeable future. Delaying this
project will only result in additional deterioration to the infrastructure, causing the cost of
rehabilitation to increase.
To ensure that the condition of our streets remains good, and that they continue to serve our
community, we recommend that we move ahead with this project in 2019. To accomplish this,
Engineering has reviewed the contract costs with the Chief Financial Officer. To provide
adequate funding for this project the following shifts are recommended to the CIP:
City council meeting of April 1, 2019 (Item No. 4g) Page 4
Title: Bid Tabulation: 2019 Pavement Management Project (4019-1000)
Pavement Management • Delay the bidding for the 2019 sealcoat project by one year
• Review the project quantities and identify value engineering
opportunities to reduce the contract cost.
Watermain • Reduce the budget for 2020 CIP projects to offset additional
cost.
Sanitary Sewer • Under CIP budget, no shift necessary
Storm Water Utility • Delay the bidding on two storm water maintenance projects
until 2020 or 2021.
• Reduce the budget for 2020 CIP projects to offset additional
cost.
Sidewalk (GO Bonds) • Under CIP budget, no shift necessary
Fiber (GO Bonds) • Under CIP budget, no shift necessary
During the 10 year CIP update process this year, staff will be carefully reviewing the estimated
cost and scope for our projects. To accommodate future funding, we will be making
adjustments so that they reflect the bid pricing that we experienced for this year’s project.
Next steps: Construction is anticipated to begin in April/May and should be completed by
November 2019.
Meeting: City council
Meeting date: April 1, 2019
Minutes: 4h
UNOFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
FEBRUARY 20, 2019 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Matt Eckholm, Jessica Kraft,
Carl Robertson
MEMBERS ABSENT: Lisa Peilen, Claudia Johnston-Madison, Joe Tatalovich,
Alanna Franklin (youth member)
STAFF PRESENT: Sean Walther, Jennifer Monson, Gary Morrison, Jacquelyn Kramer, Clint
Pires, John McHugh
1. Call to Order – Roll Call
2. Approval of Minutes: January 16, 2019 and February 6, 2019
Commissioner Robertson made a motion to approve the minutes. Commissioner Carper
seconded the motion, and the motion passed on a vote of 5-0
3. Public Hearings
A. Zoning Ordinance – Small Cell Aesthetic Requirements
Applicant: City of St. Louis Park
Case Nos: 19-04-ZA
Gary Morrison, assistant zoning administrator, presented the staff report. The applicant
requests an amendment to the zoning ordinance to Sections 36-142 and 36-367
regarding communication towers and antennas.
The intent of the amendment is to clarify existing regulations pertaining to small
wireless facilities and remove references regarding communication towers and
antennas located in the public rights of way, from the zoning ordinance and move it to
chapter 24 of the city code, which is where it regulates public uses in the right-of-way.
We want to make sure the design criteria is consistent with both Chapters 24 and 36.
Design criteria would require all the equipment; wires, brackets and cables to be inside
of the poles to ultimately end up with a cleaner look. All this is being considered in
anticipation of the 5G network which is expected to roll out over the next few years.
Both the federal government and the State have passed laws and rules that are
intended to streamline the process for the implementation of this infrastructure. And in
City council meeting of April 1, 2019 (Item No. 4h) Page 2
Title: Planning commission meeting minutes February 20, 2019
doing so they have put some significant restrictions on local governments’ abilities to
regulate the installation of these facilities in the local right-of-way.
However, the city does have until April 15, 2019, to adopt aesthetic guidelines, to help
minimize the impact aesthetically of these facilities in the public right-of-way.
Commissioner Carper, asked Mr. Morrison a question relating to page 12 of the planning
commission packet under section 36.142 – sub 16. Micro-wireless facility, whose
exterior antenna, if any, is no longer than 11 inches. Why such a unique measurement?
Mr. Morrison states the section was taken directly out of chapter 24 in an attempt to be
consistent with how the city already defines these regulations. It’s also staff’s
understanding the definition comes from other agencies and is the universal standard in
the industry.
Commissioner Robertson, asked about the possibility of an antennae being needed
where an existing pole or decorative pole is already placed, would we need to add an
additional pole nearby or is there a way to modify an existing pole to accommodate the
equipment internally and maintain the same style pole?
Mr. Morrison responded the intent of Chapter 24, that the company installing a pole in
the public right-of-ways, they will have to install a pole that matches the design in the
district and keep all the equipment inside the pole. This new pole could replace an
existing pole. All the design specifications will be in a manual that will be available to
anybody upon request.
Chair Eckholm opened the public hearing.
Nathan Monsen, 2700 Ottawa Ave. S., asked if the proposed regulations vary by zoning
areas within the city.
Mr. Morrison responded that in today’s codes the height of towers is regulated
differently per zoning district and in some cases the placement of where they can be on
the property; those regulations are existing in today’s code and not anticipated to
change. Primarily what we’re doing is taking existing language in today’s zoning
ordinance that regulates the right-of-way, taking it out of Chapter 36 and putting it into
Chapter 24 and addressing some of these aesthetic standards.
Mr. Monsen inquired if there is a conversation or desire of different rules based on
federal and state regulations, that there can be different requirements or regulations
based on residential versus commercial districts.
Mr. Morrison responded that the way its setup now is anything on residential property
is only intended to serve the residents of that property, so any antenna meant to serve
the general public is not allowed on any residential property. It can be allowed only on
commercial or non-residential for the general public.
City council meeting of April 1, 2019 (Item No. 4h) Page 3
Title: Planning commission meeting minutes February 20, 2019
Sean Walther, planning and zoning supervisor, added that it is possible for these poles
to be installed in the public right-of-way in a residential area.
Mr. Monsen stated his question still stands. In public right-of-way, is there any desire for
different regulations for these kind of towers between residential?
Mr. Morrison, stated this is where the aesthetic guidelines come into play, with the
concealing of the equipment in the towers. As, when it comes to the right-of-way that’s
where the city’s design standards come into play; they are deemed public right-of-way,
the utility has the right to locate within them.
Bruce Browning, 3225 Dakota Ave. S., asked for clarification about the city ordinance.
How does the state of Minnesota react to this, are they okay with this as well? Do you
seen any legalities that could become a problem later down the line?
Mr. Walther, responded that the States statutes were amended prior to the release of
the latest federal communication rules; which also reduced the city’s ability to regulate
items in the right-of-way. So, from the State legislature point of view they’re essentially
echoing the changes that have occurred at the federal government level.
Mr. Browning, asked about the 5G network and if there is an idea of about how many
antennas it will require to get the coverage they need; how quickly it might end up
occurring – due to the demand but keeping the aesthetics a priority still; and which
providers are coming in?
Mr. Morrison responded that it is unknown how many antennas or providers may come
in and believes it will roll out in the higher demand areas and it will require a fair
number due to the demand.
Mr. Browning noted the city’s attempt to roll out wireless internet some years ago and
how strongly the community opposed the appearance and the number of poles that
were installed in the boulevards in residential areas. He assumes the city is attempting
to avoid this from happening again in the future.
Chair Eckholm closed the public hearing and brought it back to the commissioners.
Commissioner Carper complimented city staff for their effort and time put into creating
such ordinances.
Commissioner Robertson also acknowledged the city’s effort and made a motion to
recommend approval of the ordinance amending section 36-142 and 36-367 pertaining
to small wireless facilities. Commissioner Kraft seconded the motion. The motion passed
4-0.
4. Other Business. None.
City council meeting of April 1, 2019 (Item No. 4h) Page 4
Title: Planning commission meeting minutes February 20, 2019
5. Communications:
o Study Session is being held after meeting to discuss the Historic Walker Lake
study and home occupations.
o Boards and Commissions meeting will be held on Monday, February 25at 5:30
p.m. which is also open to the public and will be broadcast.
6. Adjournment
The meeting adjourned at 6:24 p.m.
STUDY SESSION
The study session commenced at 6:30 p.m.
1. Historic Walker Lake
Jennifer Monson, planner, spoke about the small area revitalization plan and design
guidelines for Historic Walker Lake that started in 2018. The goal of the study is to
identify ways to maintain the characteristics and the feel of the district as
redevelopment and reinvestment occurs in the area. Also, the city would like to keep
the scale of the district small and walkable, and maintain the neighborhood commercial
district.
Ms. Monson explained the history of the Walker Lake area. This was the historic
downtown of St. Louis Park, which was developed by T.B. Walker who later helped start
the Walker Art Center.
Currently there are approximately 105 businesses with about 1,500 employees. In 2016
there was an Activation Grant from Hennepin County to help brand the area as Historic
Walker Lake. There has been open street events, outreach to the neighborhood and
business owners to get input on the vision for the district. The city is planning major
infrastructure improvements in the area in 2019 and 2020.
In 2018 a small area revitalization plan was kicked off and a consultant was hired to help
determine the best path forward for implementation of the plans. This study will include
a parking analysis, as a lot of businesses cannot meet the zoning ordinance for parking
requirements; zoning code recommendations; and design guidelines to help maintain
the character that exists today.
The consultants have already surveyed 40% of the businesses. A lot of the business
owners have mentioned the lack of access; the connection of Lake Street to Highway 7
was closed and it has become a bit more difficult to access the area and a lot of people
don’t know what businesses are located there. The businesses want to start a business
association, which they can use to help with marketing of the area, get to know the
neighbors and create events with one another.
City council meeting of April 1, 2019 (Item No. 4h) Page 5
Title: Planning commission meeting minutes February 20, 2019
An item being looked at in conjunction with Historic Walker Lake are regulatory
changes. To make sure our code allows the uses of a brewery, food hall, and other
changes that might be needed for these new business to be allowed in the area.
Other than gentrification, the only worry the area owners and resident are concerned of
is making sure everything that has been presented thus far, moves forward.
2. Home Occupations (no written report)
Mr. Walther reviewed staff’s responses to questions the planning commission raised
regarding firearm sales following the public hearing.
As of January 2019 there are six federal firearm licensed holders (FFL) in St. Louis Park.
Five of those are home occupations and Frontiermen is the sixth. All responsible persons
go through an extensive process including background checks and an in-person
interview, done by the Bureau of Alcohol and Tobacco Firearms and Explosives.
City staff has tried to find the research mentioned in one of the letters received during
the public hearing, but no such study has been found. The closest thing staff found was a
study to do a study, which did not appear to have any bearing on the current discussion.
The planning commissioners had also asked if there have been incidences of violence at or
due to the home based firearm sales, in comparison with commercial locations. The police
department reviewed all police calls within the past ten years at all addresses that hold
FFL’s and there were no incidences of violence, burglary or stolen inventory reported.
Commissioner Robertson asked why is this being proposed? He stated he feels this is a
mis-direction in response to the concerns brought up by the students at St. Louis Park
after the Florida High School shooting and this may not be enough of an action.
Mr. Walther acknowledged that the students’ concerns initiated the city council’s inquiry
regarding city firearm sales regulations and policies in the city. This proposed change to
the home occupations regulations is being proposed, because that review highlighted
discrepancy in city policy, whereby firearm sales in commercial districts are prohibited
from being within 350 feet of a residential area, and yet firearm sales are being allowed
as a home occupation in a residential property. This change would prevent any more
home occupations from starting up. This does not eliminate the current businesses that
are already operating. Those home occupations would be allowed to continue as a non-
conforming use, because they were operating before the new rules were adopted. It
would also prevent existing home occupations from expanding.
Commissioner Kraft stated the city may want to take a position to prevent new FFL
home occupations from coming into the community. It might be something we should
change now and put into effect to save from the trouble of doing it in the future when
there may be more businesses effected.
City council meeting of April 1, 2019 (Item No. 4h) Page 6
Title: Planning commission meeting minutes February 20, 2019
Chair Eckholm asked if rules should be added to further regulate the FFL home
occupations, if not prohibiting them, in order to ensure that if problems occur in the
future, that the city could act to achieve compliance or shut them down.
Commissioner Robertson believed this ordinance isn’t addressing the concerns of the
students and protecting them from violence. With the request of change from the
students within St. Louis Park it’s not enough of a difference moving forward and then
telling them something was done.
Commissioner Carper suggested examples of other regulations that may be put into
place.
Discussion from group ended with agreement of sending out another public hearing
notification as it has been some time since the hearing was held and to gather the
feedback from council when it moves forward.
Mr. Walther provided an update about the Ground Floor Window Transparency
ordinance. The council requested that the planning commission attend the April 8th
study session to discuss the item and also go over the 2019 work plan at the same time.
The meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Elena Roberts
Recording Secretary
Meeting: City council
Meeting date: April 1, 2019
Action agenda item: 8a
Executive summary
Title: First reading of ordinance regulating mobility sharing operations
Recommended action: Motion to approve first reading of the ordinance regulating mobility
sharing operations and set second reading for April 15, 2019.
Policy consideration: Does the city council wish to establish regulations for mobility sharing
operations within the city?
Summary: The city attorney has advised staff that regardless of whether mobility sharing
services deploy in the city, we should have ordinance language that prohibits mobility sharing
vendors from operating in the city without a license.
The proposed ordinance defines shared mobility as bicycle sharing, low power vehicle sharing,
and car sharing, and prohibits any vendor from operating any of these businesses within the
city’s right of way without a city license. Low power vehicle is defined as a motorized foot
scooter and any other powered transportation device expressly identified by staff. This is to
include future motorized personal transportation devices as the industry changes.
The ordinance prohibits mobility sharing vendors from operating in the city without a license,
establishes the city’s ability to impound vehicles endangering safety or violating their license,
and establishes fees relating to impoundment and licensing.
At the advice of the city attorney, staff plans to add language limiting the number of mobility
sharing licenses available in the city. This would happen between the first and second reading
of the ordinance.
The second reading of this ordinance is planned for April 15, 2019 and is planned to be in effect
on May 10, 2019.
Financial or budget considerations: The ordinance adds fees related to impoundment and
licensing to the fee schedule in city code. These funds will be used to offset city cost for
oversight and regulation of the pilot, and to support the development of infrastructure relating
to the pilot.
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
Draft ordinance (posted online March 22, 2019)
Mobility sharing pilot recommendations study session report (March
25, 2019) (begins page 71)
Prepared by: Ben Manibog, Transportation engineer
Reviewed by: Debra Heiser, Engineering Director
Approved by: Nancy Deno, Deputy City Manager/HR Director
City council meeting of April 1, 2019 (Item No. 8a) Page 2
Title: First reading of ordinance regulating mobility sharing operations
Discussion
Background: In July of 2018, Bird scooters were introduced to the streets of Minneapolis. Soon
after, Lime entered the Twin Cities market with its bikes and scooters in Minneapolis, St. Paul,
Edina, and Golden Valley. These mobility devices, often called dockless bikes and scooters, have
increased in popularity and reach across the country in the past two years. The industry of
shared (rented, not owned) scooters, bikes, and other methods of transportation is referred to
as mobility sharing.
In early 2018, city staff began meeting to discuss shared mobility and its impact to the
community and city functions. In addition, St. Louis Park staff has been meeting with other west
metro city staff monthly since mid-2018 to discuss shared mobility in the region as well as
create a line of communication between cities.
At the May 29, 2018, study session, staff provided the city council with information regarding
bicycle sharing. At the meeting, the city council directed staff to monitor the state of shared
mobility within the region, reach out to the public for feedback, and work toward
implementation of a mobility sharing pilot program in 2019.
At the March 25, 2019, study session, staff provided the city council with information regarding
staff’s recommendations on beginning a mobility sharing pilot in St. Louis Park. The report
described the approval process for a mobility sharing ordinance which is provided in this report.
Present considerations: The city attorney has advised staff that regardless of whether mobility
sharing services deploy in the city, we should have ordinance language that prohibits mobility
sharing vendors from operating in the city without a license.
The proposed ordinance defines shared mobility as bicycle sharing, low power vehicle sharing,
and car sharing, and prohibits any vendor from operating any of these businesses within the
city’s right of way without a city license. Low power vehicle is defined as a motorized foot
scooter and any other powered transportation device expressly identified by staff. This is to
include future motorized personal transportation devices as the industry changes.
Vehicle sharing
Vehicle sharing has not been mentioned in previous reports. Vehicle sharing has been included
in this ordinance to cover possible future vehicle sharing ventures, similar to what has
happened with dockless bikes and scooters. One of the most prominent mobility sharing
companies started a pilot of a car sharing service in Seattle, WA this year. The services are
similar to what car2go provided to the Twin Cities until 2016. Staff sees this as a trend that may
increase in popularity in the coming years and want to have a regulatory mechanism in which to
protect city interests.
Impoundment
The ordinance gives the city the authority to impound, or otherwise the ability remove any
mobility sharing device from the public right of way at-will and from private property with
permission or by request. Impounded devices must have been blocking traffic, public
infrastructure, or otherwise compromising public safety. In addition, any device that is not part
of a city licensed mobility sharing program is subject to impoundment. This is to safeguard the
city from uninvited vendors operating without city permission. If necessary, it is expected that
any impoundment activity will be taken by staff from the engineering, public works, parks, and
police departments. If necessary, the ordinance allows for the city to hire a contractor to take
care of the impoundment duties.
City council meeting of April 1, 2019 (Item No. 8a) Page 3
Title: First reading of ordinance regulating mobility sharing operations
Parking
The ordinance prohibits any of the bikes, scooters, or other transportation devices from locking
to bicycle racks or other immovable objects. The city has flexibility in this rule and can allow
such locking to occur specifically in a mobility sharing license. If the city has any mobility sharing
stations in the future (think of Nice Ride’s bike docks), the licensed mobility sharing devices may
not be parked in the stations unless approved through the license process.
Fees
There are two types of fees associated with this ordinance, device impoundment and licensing.
As stated before, mobility sharing devices may need to be impounded. The impoundment fee is
to offset the city’s costs of impoundment, and will be evaluated after the pilot program to
determine appropriate fee structure going forward. The current proposed fee sets the initial
impoundment at $56 per device, with an $18 per day storage fee if not retrieved in the same
day of impoundment. The license fee of $100 per device, is to offset a similar city expense for
oversight and regulation of the pilot, and to support the development of infrastructure relating
to the pilot.
Next steps:
Additional language
At the advice of the city attorney, staff plans to add language limiting the number of mobility
sharing licenses available in the city. This would happen between the first and second reading
of the ordinance. The current draft of the ordinance does not specify the number of licenses
available, effectively allowing any number to apply and operate in the city.
Adoption process and schedule
Staff has developed the following steps and schedule for adopting the ordinance:
Draft ordinance published to city website March 22, 2019
Study session – report March 25, 2019
First reading April 1, 2019
Second reading (adopt ordinances, approve summary, and authorize
summary publication) April 15, 2019
Submit summary to Sun Sailor April 18, 2019
Summary publication April 25, 2019
Ordinance effective date May 10, 2019
Meeting: City council
Meeting date: April 1, 2019
Action agenda item: 8b
Executive summary
Title: First reading of right-of-way ordinance
Recommended action: Motion to approve first reading of the right-of-way ordinance and set
second reading for April 15, 2019.
Policy consideration: Does city council wish to establish regulations for small wireless facilities
located within the public right of way?
Summary: Our current right-of-way ordinance, Section 24-251 was updated in September of
2017 in response to the Minnesota Telecommunications Right-of-Way User law of 2017. In
September of 2018, Federal Communications Commission (FCC) passed a preemptive order
restricting a municipality’s ability to apply standard land use controls on small wireless facilities.
With this order, the FCC did allow municipalities to post aesthetic requirements to small cell
installations setting an April 15, 2019 deadline for municipalities to post these requirements.
The attached draft update includes regulations for small wireless facilities intended to protect
the health, safety, and wellbeing of the city and create design and location requirements for the
facilities. The update includes standards for communication towers and antennas that are
located in public right-of-way and establishes safety and design criteria that are consistent with
the current technology and current State and Federal regulations.
This ordinance update is in conjunction with Community Development department’s action of
amending Sections 36-142 and 36-367 of the zoning ordinance pertaining to small wireless
facilities on private property which were approved on March 18, 2019.
Financial or budget considerations: No considerations
Strategic priority consideration: Not applicable.
Supporting documents: Draft ordinance
Prepared by: Phillip Elkin, Sr. Engineering Project Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Nancy Deno, Deputy City Manager/HR Director
City council meeting of April 1, 2019 (Item No. 8b) Page 2
Title: First reading of right-of-way ordinance
Ordinance No. ___-19
An ordinance repealing
St. Louis Park City Code Sections 24.251-24.256
and replacing them with sections 24.251-24.288
regulating city rights-of-way
and amending appendix a, fee schedule
to add permit, rent, maintenance, and electric fees
for small wireless facilities
The City of St. Louis Park does ordain:
Section 1. St. Louis Park City Code Chapter 24, Article VII, Division II is repealed in its entirety and
replaced by adding the following:
Sec. 24.251 Findings, purpose, and intent.
To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of
its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in
a state of good repair and free from unnecessary encumbrances.
Accordingly, the city hereby enacts this chapter of this Code relating to rights-of-way
permits and administration. This chapter imposes reasonable regulation on the placement and
maintenance of facilities and equipment currently within its rights-of-way or to be placed therein
at some future time. It is intended to complement the regulatory roles of state and federal
agencies. Under this chapter, persons excavating and obstructing the rights-of-way will bear
financial responsibility for their work. This chapter provides for recovery of out-of-pocket and
projected costs from persons using the public rights-of-way.
This chapter shall be interpreted consistently with 1997 Minnesota Session Laws, Chapter
123; and 2017 Minnesota Session Laws, Chapter 94, substantially codified in Minnesota Statutes
237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the “Act”) and the other laws governing
applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted
consistent with Minnesota Rules 7819.0050—7819.9950 and Minnesota Rule Chapter 7560
where possible. To the extent any provisions of this chapter cannot be interpreted consistently
with the Minnesota Rules, that interpretation most consistent with the Act and other applicable
statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory
and police powers of the city to adopt and enforce general ordinances necessary to protect the
health, safety, and welfare of the public.
The City desires high quality wireless services to accommodate the needs of residents
and businesses. At the same time, the City strives to minimize the negative impacts that small
wireless facilities can create. These negative impacts include, but are not limited to,
interference with right-of-way user sight lines, impacts to right-of-way user circulation,
incompatible aesthetics with the surrounding area, fall zone risk, clear zone risk, creating
navigation obstacles, interference with future travel way expansion plans, interference with the
City council meeting of April 1, 2019 (Item No. 8b) Page 3
Title: First reading of right-of-way ordinance
delivery of other utility services, interference with storm water management facilities, and
increased noise pollution.
To minimize these negative impacts, any person desiring to place a new wireless
support structure in the right-of-way or collocate small wireless facilities on existing privately-
owned wireless support structures in the right-of-way shall first obtain a small wireless facility
permit from the City. Any person desiring to collocate small wireless facilities on existing
wireless support structures owned or controlled by the City shall first enter into a standard
small wireless facility collocation agreement. The purpose of these requirements is to comply
with Minnesota Statutes Sections 237.162 and 237.163 while at the same time protecting the
public health, safety, and welfare.
The City will consider impacts to the public health, safety and welfare when reviewing a
small wireless permit application and a request to enter into a small wireless facility collocation
agreement. The public health, safety and welfare can be best accommodated by locating small
wireless facilities in the following order, which affords the greatest protection of the public:
(1) Locate outside of the right-of-way.
(2) Locate in the right-of-way on or adjacent to Principal Arterial, Other Arterial, Major
Collector, or Minor Collector roads, as classified by the Metropolitan Council
Functional Classification System.
(3) Collocate on existing wireless support structures within the right-of-way.
(4) Locate on a new wireless support structure within the right-of-way that replaces an
existing wireless support structure of the same height.
(5) Locate on a new wireless support structure within the right-of-way that replaces an
existing wireless support structure whose height is less than or equal to 50 feet.
(6) Locate on a new wireless support structure within the right-of-way whose height is
similar to nearby structures.
(7) Locate on a new wireless support structure within the right-of-way whose height is
less than or equal to 50 feet.
The City will also consider factors such as aesthetic compatibility of the small wireless
facility with surrounding structures, ability to eliminate, underground, or screen ground-
mounted equipment, dangers within the small wireless facility fall zone, distance of the small
wireless facility from roads, sidewalks, trails and bicycle lanes, and future roadway, pedestrian,
bicycle, water, wastewater, and storm water improvement plans for the site before issuing small
wireless facility permit or entering into a standard small wireless facility collocation agreement.
Sec. 24.252. Election to manage the public rights-of-way
Pursuant to the authority granted to the city under state and federal statutory,
administrative and common law, the city hereby elects, pursuant to Minnesota Statutes Section
237.163 subd. 2(b), to manage rights-of-way within its jurisdiction.
City council meeting of April 1, 2019 (Item No. 8b) Page 4
Title: First reading of right-of-way ordinance
Sec. 24.253. Definitions.
The following definitions apply in this chapter of this Code. References hereafter to
“sections” are, unless otherwise specified, references to sections in this chapter. Defined terms
remain defined terms, whether or not capitalized.
Abandoned facility. A facility no longer in service or physically disconnected from a portion
of the operating facility, or from any other facility, that is in use or still carries service. A facility is
not abandoned unless declared so by the right-of-way user.
Applicant. Any person requesting permission to excavate or obstruct a right-of-way or to
place a small wireless facility or wireless support structure in the public right-of-way.
Aesthetics. (also known as “Conceal” or “Concealment” or "Stealth Design") refers to
state-of-the-art design techniques used to blend the object into the surrounding environment
and to minimize the negative aesthetic impacts.
City. The City of St. Louis Park, Minnesota. For purposes of Section 24.281 city also means
the city’s elected officials, officers, employees and agents.
Collocate or collocation. To install, mount, maintain, modify, operate, or replace a small
wireless facility on, under, within, or adjacent to an existing wireless support structure that is
owned privately or by a local government unit.
Commission. The State Public Utilities Commission.
Congested right-of-way. A crowded condition in the subsurface of the public right-of-way
that occurs when the maximum lateral spacing between existing underground facilities does not
allow for construction of new underground facilities without using hand digging to expose the
existing lateral facilities in conformance with Minnesota Statutes, Section 216D.04 subdivision 3,
over a continuous length in excess of 500 feet.
Construction performance bond. Any of the following forms of security provided at
permittee’s option:
• Individual project bond;
• Cash deposit;
• Security of a form listed or approved under Minnesota Statutes Section 15.73
subdivision 3;
• Letter of Credit, in a form acceptable to the city;
• Self-insurance, in a form acceptable to the city;
• A blanket bond for projects within the city, or other form of construction bond, for
a time specified and in a form acceptable to the city.
Degradation. A decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than
would be required if the excavation or disturbance did not occur.
City council meeting of April 1, 2019 (Item No. 8b) Page 5
Title: First reading of right-of-way ordinance
Degradation cost. Subject to Minnesota Rules 7819.1100 means the cost to achieve a level
of restoration, as determined by the city at the time the permit is issued, not to exceed the
maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to
7819.9950.
Degradation fee. The estimated fee established at the time of permitting by the city to
recover costs associated with the decrease in the useful life of the right-of-way caused by the
excavation, and which equals the degradation cost.
Department. The City of St. Louis Park Engineering Department
Director. The Engineering Director for the City of St. Louis Park.
Delay penalty. The penalty imposed as a result of unreasonable delays in right-of-way
excavation, obstruction, patching, or restoration as established by permit.
Emergency. A condition that (1) poses a danger to life or health, or of a significant loss of
property; or (2) requires immediate repair or replacement of facilities in order to restore
service to a customer.
Equipment. Any tangible asset used to install, repair, or maintain facilities in any right-
of-way.
Equipment. Any tangible asset used in the process of construction, installation, repair or
maintenance of facilities in any right-of-way
Excavate. To dig into or in any way remove or physically disturb or penetrate any part of
a right-of-way.
Excavation permit. The permit which, pursuant to this chapter, must be obtained before
a person may excavate in a right-of-way. An Excavation Permit allows the holder to excavate
that part of the right-of-way described in such permit.
Excavation permit fee. Money paid to the city by an applicant to cover the costs as
provided in section 24.263.
Facility or facilities. Any tangible asset in the right-of-way required to provide Utility
Service.
Facility or facilities. Any tangible asset(s) in the right-of-way required to provide utility
service, including wireless service. The term does not include facilities to the extent the location
and relocation of such facilities are preempted by Minnesota Statutes Section 161.45 governing
utility facility placement in state trunk highways.
Five-year project plan. Shows projects adopted by the city for construction within the
next five years
City council meeting of April 1, 2019 (Item No. 8b) Page 6
Title: First reading of right-of-way ordinance
Ground-Mounted Equipment. Equipment used in the operation of a wireless facility that
is located on the ground and protrudes above the surface elevation of the ground.
Hazardous Materials. Shall be interpreted broadly and specifically includes, without
limitation, asbestos containing materials, fuel, batteries or any hazardous substance, waste, or
material as defined in any federal, state or local environmental or safety laws or regulation
including, but not limited to the Comprehensive Environmental Response, Compensation and
Liability Ad (CERCLA).
High density corridor. A designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be
required to build and install facilities in a common conduit system or other common structure.
Hole. An excavation in the pavement, with the excavation having a length less than the
width of the pavement.
Local representative. A local person or persons, or designee of such person or persons,
authorized by a registrant to accept service and to make decisions for that registrant regarding
all matters within the scope of this chapter.
Management costs. The actual costs the city incurs in managing its rights-of-way,
including such costs, if incurred, as those associated with registering applicants; issuing,
processing, and verifying right-of-way or small wireless facility permit applications; inspecting
job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities
during right-of-way work; determining the adequacy of right-of-way restoration; restoring work
inadequately performed after providing notice and the opportunity to correct the work; and
revoking right-of-way or small wireless facility permits. Management costs do not include:
(1) payment by a telecommunications right-of-way user for the use of the public
right-of-way;
(2) unreasonable fees of a third-party contractor used by the city as part of
managing public right-of-way, including but not limited to any third-party
contractor fee tied to or based upon customer counts, access lines, revenue
generated by the telecommunications right-of-way user, or revenue
generated for the city; or
(3) the fees and cost of litigation relating to the interpretation of Minnesota
Session Laws 2017, Chapter 94; Minnesota Statutes Sections 237.162 or
237.163; or any ordinance enacted under those sections; or the city fees and
costs related to appeals taken pursuant to Section 24.287 of this chapter.
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.
Obstruct. To place any tangible object in a right-of-way so as to hinder free and open
passage over that or any part of the right-of-way.
City council meeting of April 1, 2019 (Item No. 8b) Page 7
Title: First reading of right-of-way ordinance
Obstruction permit. The permit which, pursuant to this chapter, must be obtained
before a person may obstruct a right-of-way, allowing the holder to hinder free and open
passage over the specified portion of that right-of-way, for the duration specified therein.
Obstruction permit fee. Money paid to the city by permittee to cover the costs as
provided in section 24.263.
Patch or patching. A method of pavement replacement that is temporary in nature. A
patch consists of (1) the compaction of the subbase and aggregate base, and (2) the
replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of
the excavation in all directions. A patch is considered full restoration only when the pavement
is included in the city’s five-year project plan.
Pavement. Any type of improved surface that is within the public right-of-way and that
is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
Permit. Has the meaning given “right-of-way permit” in Minnesota Statues, Section
237.162 and includes a small wireless facility permit.
Permittee. Any person to whom a permit to excavate or obstruct a right-of-way or to
whom a small wireless facility permit has been granted by the city under this chapter.
Permittee. Any person to whom a permit or small wireless facility permit to excavate or
obstruct a right-of-way or to whom a small wireless facility permit has been granted by the city
under this chapter.
Person. An individual or entity subject to the laws and rules of this state, however
organized, whether public or private, whether domestic or foreign, whether for profit or
nonprofit, and whether natural, corporate, or political.
Potholing. Excavating the area above an underground facility to determine the precise
location of the underground facility without damage to it, before excavating within three feet
of the marked location of the underground facility.
Public Utility Structure: Includes a utility pole and any structure or pole supporting wires
for communication or transmission of data or roadway lighting.
Registrant. Any person who (1) has or seeks to have its equipment or facilities located in
any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way
or place its facilities or equipment in the right-of-way.
Restore or restoration. The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is returned to the same condition and life expectancy
that existed before excavation.
Public right-of-way or right-of-way. The area on, below, or above a public roadway,
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alleyway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an
interest, including other dedicated rights-of-way for travel purposes and utility easements of
the city. A right-of-way does not include the airwaves above a right-of-way with regard to
cellular or other nonwire telecommunications or broadcast service. (Note: this definition does
not include other public grounds that may be the subject of other city requirements.)
Right-of-way permit/small wireless facility permit. Either an excavation permit or an
obstruction permit or a permit to place a small wireless facility in the public right-of-way or any
combination of the three depending on context, required by this chapter.
Right-of-way user. (1) A telecommunications right-of-way user as defined by Minnesota
Statutes Section 237.162 Subdivision 4; or (2) a person owning or controlling a facility in the
right-of-way that is used or intended to be used for providing utility service, and who has a right
under law, franchise, or ordinance to use the public right-of-way
Service or utility service. Includes (1) those services provided by a public utility as
defined in Minnesota Statutes Section 216B.02 Subdivisions 4 and 6; (2) services of a
telecommunications right-of-way user, including transporting of voice or data information; (3)
services of a cable communications system as defined in Minnesota Statutes Chapter 238; (4)
natural gas or electric energy or telecommunications services provided by the city; (5) services
provided by a cooperative electric association organized under Minnesota Statutes Chapter
308A; and (6) water, and sewer, including service laterals, steam, cooling or heating services.
Service lateral. An underground facility that is used to transmit, distribute or furnish
“gas, electricity, communications, or water from a common source to an end-use customer. A
service lateral is also an underground facility that is used in the removal of wastewater from a
customer’s premises.
Small wireless facility.
(1) 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 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
(2) a micro wireless facility.
Small wireless facility permit fee. Money paid to the city by permittee to cover the costs
as provided in section 24.263.
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Supplementary application. An application made to excavate or obstruct more of the
right-of-way than allowed in, or to extend, a permit that had already been issued.
Telecommunication right-of-way user. A person owning or controlling a facility in the
public right-of-way, or seeking to own or control a facility in the public right-of-way that is used
or is intended to be used for providing wireless service or transporting telecommunication or
other voice or data information. For purposes of this division, a cable communication system
defined and regulated under Minnesota Statutes Chapter 238, and telecommunication
activities related to providing natural gas or electric energy services, a public utility as defined in
Minnesota Statutes Section 216B.02, a municipality, a municipal gas or power agency organized
under Minnesota Statutes Chapters 453 and 453A, or a cooperative electric association
organized under Minnesota Statutes Chapter 308A, are not telecommunications right-of-way
users, except to the extent these entities are offering wireless services.
Temporary surface. The compaction of subbase and aggregate base and replacement, in
kind, of the existing pavement only to the edges of the excavation. It is temporary in nature
except when the replacement is of pavement included in the city’s two-year plan, in which case
it is considered full restoration.
Trench. An excavation in the pavement, with the excavation having a length equal to or
greater than the width of the pavement.
Two year project plan. Shows projects adopted by the city for construction within the
next two years.
Utility pole. A pole that is used in whole or in part to facilitate telecommunications or
electric service.
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.
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).
Wireless support structure. A new or existing structure in a public right-of-way designed
to support or capable of supporting small wireless facilities, as reasonably determined by the
city.
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Wireline backhaul facility. A facility used to transport communications data by wire from
a wireless facility to a communications network.
Sec. 24-254. Administration.
The director is the principal city official responsible for the administration of the rights-of-
way, right-of-way permits, small wireless facility permits, and the ordinances related thereto. The
director may delegate any or all of the duties hereunder.
Sec. 24-.255. Registration and right-of-way occupancy.
(1) Registration. Each person who occupies or uses, or seeks to occupy or use, or seeks to
place any equipment or facilities, small wireless facilities, or wireless support structures in
or on the right-of-way, including persons with installation and maintenance
responsibilities by lease, sublease or assignment, must register with the city. Registration
will consist of providing application information.
(2) Registration prior to work. No person may collocate, construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities, small wireless facilities, or
wireless support structures, or any part thereof, in any right-of-way without first being
registered with the city.
(3) Exceptions to registration. Nothing herein shall be construed to repeal or amend the
provisions of a city ordinance permitting persons to plant or maintain boulevard plantings
or gardens in the area of the right-of-way between their property and the street curb.
Persons planting or maintaining boulevard plantings or gardens shall not be deemed to
use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy
any other requirements for planting or maintaining such boulevard plantings or gardens
under this chapter. However, nothing herein relieves a person from complying with the
provisions of the Minnesota Statutes Chapter 216D, Gopher One Call Law.
Sec. 24-256. Registration information.
(1) Information required. The information provided to the city at the time of registration
shall include, but not be limited to:
(a) Each registrant's name, Gopher One-Call registration certificate number, address
and e-mail address, if applicable, and telephone and facsimile numbers.
(b) The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be
available at all times. Current information regarding how to contact the local
representative in an emergency shall be provided at the time of registration.
(c) A certificate of insurance or self-insurance:
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(1) Verifying that an insurance policy has been issued to the registrant by an
insurance company licensed to do business in the State of Minnesota, or
a form of self-insurance acceptable to the city;
(2) Verifying that the registrant is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the
(i) use and occupancy of the right-of-way by the registrant, its officers,
agents, employees and permittees, and (ii) placement and use of facilities
and equipment in the right-of-way by the registrant, its officers, agents,
employees and permittees, including, but not limited to, protection
against liability arising from completed operations, damage of
underground facilities and collapse of property;
(3) Naming the city as an additional insured as to whom the coverages
required herein are in force and applicable and for whom defense will be
provided as to all such coverages;
(4) Requiring that the city be notified thirty (30) days in advance of
cancellation of the policy or material modification of a coverage term;
(5) Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage established by
the city in amounts sufficient to protect the city and the public and to
carry out the purposes and policies of this chapter.
(6) The city may require a copy of the actual insurance policies.
(7) If the person is a corporation, a copy of the certificate that is required to
be filed as recorded and certified to by the Secretary of State.
(8) A copy of the person's order granting a certificate of authority from the
Minnesota Public Utilities Commission or other authorization or approval
from the applicable state or federal agency to lawfully operate, where
the person is lawfully required to have such authorization or approval
from said commission or other state or federal agency.
(2) Notice of changes. The registrant shall keep all of the information listed above current at
all times by providing to the city information as to changes within fifteen (15) days following the
date on which the registrant has knowledge of any change.
Sec. 24.257. Reporting obligations.
(1) Operations. Each registrant shall, at the time of registration and by December 1 of each
year, file a construction and major maintenance plan for underground facilities with the city.
Such plan shall be submitted using a format designated by the city and shall contain the
information determined by the city to be necessary to facilitate the coordination and reduction
in the frequency of excavations and obstructions of rights-of-way. The plan shall include:
(a) The locations and estimated beginning and ending dates of all projects to be
commenced during the next calendar year (in this section, a “next-year” project);
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and
(b) To the extent known, the tentative locations and estimated beginning and
ending dates for all projects contemplated for the five years following the next
calendar year (in this section, a “five-year project”).
The term “project” in this section shall include both next-year projects and five-year projects.
By January 1 of each year, the city will have available for inspection in the city’s office a
composite list of all projects of which the city has been informed of the annual plans. All
registrants are responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any project in its list of next-year
projects, and must notify the city and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next-year project of
another registrant listed by the other registrant.
(2) Additional next-year projects. Notwithstanding the foregoing, the city will not deny an
application for a right-of-way permit for failure to include a project in a plan submitted
to the city if the registrant has used commercially reasonable efforts to anticipate and
plan for the project.
Sec. 24.258. Permit requirement.
(1) Permit required. Except as otherwise provided in this Code, no person may obstruct or
excavate any right-of-way without first having obtained the appropriate right-of-way
permit from the city to do so.
(a) Excavation permit. An excavation permit is required by a registrant to excavate
that part of the right-of-way described in such permit and to hinder free and
open passage over the specified portion of the right-of-way by placing facilities
described therein, to the extent and for the duration specified therein.
(b) Obstruction permit. An obstruction permit is required by a registrant to hinder
free and open passage over the specified portion of the right-of-way by placing
equipment described therein on the right-of-way, to the extent and for the
duration specified therein. An obstruction permit is not required if a person
already possesses a valid excavation permit for the same project.
(2) Permit extensions. No person may excavate or obstruct the right-of-way beyond the
date or dates specified in the permit unless (i) such person makes a supplementary
application for another right-of-way permit before the expiration of the initial permit,
and (ii) a new permit or permit extension is granted.
(3) Delay penalty. In accordance with Minnesota Rule 7819.1000 subpart 3 and
notwithstanding paragraph 2 of this section, the city shall establish and impose a delay
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Title: First reading of right-of-way ordinance
penalty for unreasonable delays in the right-of-way excavation, obstruction, patching, or
restoration. The delay penalty shall be established from time to time by city council
resolution.
(4) Permit display. Permits issued under this chapter shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for
inspection by the city.
Sec. 24.259. Small wireless facility permit requirement.
A. Small wireless facility permit. Except as otherwise provided in this Code, no person
may install a new or replacement wireless support structure for a small wireless
facility or collocate a small wireless facility in a public right of way without first
having obtained the appropriate small wireless facility permit from the city to do so.
B. Permit Application and Fee. A written application for a small wireless facility permit
shall be submitted to the Director on a form provided by the City. The applicant shall
pay an application fee in the amount set forth in the Fee Resolution adopted by the
City Council, as the same may be amended from time to time. The application will be
processed in accordance with the requirements of Minnesota Statutes§ 237.163,
subd. 3c (b) and (c).
C. Consolidated Permit Application. An applicant may file a consolidated permit
application to collocate up to fifteen (15) small wireless facilities, provided that the
small wireless facilities in the application:
i. are located within a two-mile radius;
ii. consist of substantially similar equipment; and
iii. are to be placed on similar types of wireless support structures.
D. Permission from Owner. If the applicant seeks to collocate a small wireless facility
on an existing wireless support structure, the applicant shall, at the time of
application, provide the City with proof that it has obtained the necessary authority
from the owner of the wireless support structure to collocate the small wireless
facility on the structure.
E. Issuance of Permit and Conditions. Upon the Director's determination that the
applicant has satisfied the requirements of this Section, the Director shall issue the
small wireless facility permit. The Director may condition permit approval on
compliance with the following:
i. generally applicable and reasonable health, safety, and welfare
regulations consistent with the City's authority to manage its public right-
of-way;
ii. reasonable accommodations for decorative wireless support structures
or signs; and
iii. any reasonable restocking, replacement, or relocation requirements
when a new wireless support structure is placed in the right-of-way. In
rendering a decision on a consolidated permit application, the Director
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may approve a permit for some small wireless facilities and deny a permit
for others, but may not use denial of one or more permits as a basis to
deny all the small wireless facilities in the consolidated application.
F. Term. The term of a small wireless facility permit shall be equal to the length of
time that the small wireless facility is in use, unless the permit is revoked.
G. Permit display. Permits issued under this chapter shall be conspicuously displayed
or otherwise available at all times at the indicated work site and shall be available
for inspection by the city.
H. Special exceptions for small wireless facilities. As required by state law, a person is
not required to pay a small wireless facility permit fee, obtain a small wireless
facility permit, or enter into a small wireless facility collocation agreement solely in
order to conduct any of the following activities:
(a) routine maintenance of a small wireless facility;
(b) replacement of small wireless facility with a new facility that is substantially
similar or smaller in size, weight, height, and wind or structural loading than the
small wireless facility being replaced; or
(c) installation, placement, maintenance, operation, or replacement of micro
wireless facilities that are suspended on cables strung between existing utility
poles in compliance with national safety codes.
Persons that perform these excepted activities shall provide the city advance
notification of these activities if the work will obstruct a public right-of-way.
Sec. 24.260. Permit applications.
Application for a permit under this chapter is made to the city. Excavation, obstruction, and
small wireless facility permit applications shall contain, and will be considered complete only
upon compliance with, the requirements of the following provisions:
(1) Registration with the city pursuant to this chapter;
(2) Submission of a completed permit application form, including all required attachments,
a scaled drawing showing the location and area of the proposed project and the location
of all proposed facilities, a traffic control plan, a restoration plan, a timeline for the
proposed project, and, if requested by the Director, a scaled drawing showing the
location of all known existing facilities and a public notification plan. All such
applications shall be consistent with the provisions of this Chapter and good
engineering, safety, and maintenance practices shall be followed for the work or activity
conducted under the right-of way permit.
The application shall require the applicant to defend, indemnify and hold the City
harmless from all liability or claims of liability for bodily injury or death to persons, or for
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property damage, for those claims specified in Minnesota Rule 7819.1250, subpart 2.
(3) Payment of money due the city for:
(a) permit fees, estimated restoration costs and other management costs;
(b) prior obstructions or excavations;
(c) any undisputed loss, damage, or expense suffered by the city because of applicant's
prior excavations or obstructions of the rights-of-way or any emergency actions taken
by the city;
(d) Franchise fees or other charges, if applicable.
(4) Payment of disputed amounts due the city by posting security or depositing in an
escrow account an amount equal to at least 110% of the amount owing.
(5) Posting an additional or larger construction performance bond for additional facilities
when applicant requests a permit to install additional facilities and the city deems the
existing construction performance bond inadequate under applicable standards.
(6) If requested by the Director, an applicant for a right-of-way permit shall provide
mapping information in accordance with Minnesota Rules 7819 .4000 and 7819.4100.
(7) Before granting any permit under any of the provisions of this Chapter, the Director may
impose such insurance, bonding, letter of credit, cash deposit, or other financial security
requirements thereon as deemed necessary to properly safeguard persons or property
exposed to the work or activity. Such insurance shall also protect the City and its employees
from any suit, action or cause of action arising by reason of such work or activity.
Sec. 24.261. Issuance of permit; conditions.
(1) Permit issuance. If the applicant has satisfied the requirements of this chapter, the city
shall issue a permit.
(2) Conditions. The city may impose reasonable conditions upon the issuance of the permit
and performance of the applicant thereunder to protect the health, safety, and welfare
or when necessary to protect the right-of-way and its current use. In addition, a
permittee shall comply with all requirements of local, state, and federal laws, including
but not limited to Minnesota Statutes sections 216D.01-.09 (Gopher One Call
Excavation Notice System) and Minnesota Rules chapter 7560.
(3) Small wireless facility conditions and design criteria. In addition to subdivision 2, the
erection or installation of a wireless support structure, the collocation of a small
wireless facility, or other installation of a small wireless facility in the right-of-way, shall
be subject to the following conditions
a. Small wireless facilities shall co-locate on existing structures. Exceptions shall be
granted by the City Engineer when co-location will impair the primary purpose
and intent of existing structures or any attachments thereto.
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b. A small wireless facility shall only be collocated on the particular wireless
support structure, under those attachment specifications, and at the height
indicated in the applicable permit application.
c. When installing a new wireless support structure, the new structure shall not
impair or reduce the effectiveness of existing or planned structures, signage or
other equipment intended to provide or improve public health, welfare and/or
safety.
d. Equipment design and mounts shall be designed to minimize visual impact.
e. No wireless support structure installed within the right of way shall exceed 50
feet above ground level in height except that a wireless support structure that
replaces an existing wireless support structure in the public right-of-way that is
greater than 50 feet above ground level in height may be placed at the height of
the existing wireless support structure.
f. No wireless facility constructed in the right-of-way after May 30, 2017 may
extend more than ten feet above a wireless support structure existing on May
30, 2017.
g. Where an applicant proposes to install a new wireless support structure in the
right of way, the city may impose separation requirements between such
structure and any existing wireless support structure or other facilities in and
around the right of way.
h. Where an applicant proposes collocation on a decorative wireless support
structure, sign, or other structure not intended to support small wireless
facilities, the city may impose reasonable requirements to accommodate the
particular design, appearance, or intended purpose of such structure;
i. Where an applicant proposes to replace a wireless support structure, the city
may impose reasonable restocking, replacement, or relocation requirements on
the replacement of the structure.
j. The small wireless facilities (with the exception of antenna) must be located
inside the structure. The antenna must be mounted within two (2) inches of the
support pole.
k. The small wireless facility must use the same color and/or finish as the structure
it is mounted to. Alternative colors and finishes may be approved by the City
Engineer to improve aesthetics and/or compatibility with other attachments to
the structure.
l. Wires servicing small wireless facilities must be located inside the wireless
support structure, mounting brackets, and underground.
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m. Small wireless facilities mounted to the exterior of, or projecting outside of the
wireless support structure must maintain a vertical clearance of at least nine (9)
feet between the facility and the grade at the base of the structure.
n. 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. The city may impose
reasonable requirements to preserve the design, appearance or intended
purpose of a structure when collocation is proposed.
o. Small wireless facilities and support facilities must comply with city’s noise
regulations.
p. All wireless support structures must meet the requirements of the adopted
wireless support structure design criteria. New structures, replacement of
existing structures and modifications to existing structures shall be at the
expense of the applicant.
q. Preference shall be given to locating small wireless facilities in the boulevard,
rather than medians.
r. To facilitate maintenance and visibility, wireless facilities and wireless support
structures shall maintain at least eight feet of clearance from other poles,
furniture, landscaping, art and other objects located in the right-of-way.
s. Wireless support structures proposed to be installed on a block with an
approved streetscape plan must install a structure consistent with the design
required by the plan.
t. Equipment associated with the antenna of a small wireless facility may be
located on the ground if the City Engineer determines there is not sufficient
space to locate the equipment on the structure. The equipment shall meet the
following requirements:
(a) Ground-mounted equipment shall not disrupt traffic or pedestrian
circulation and shall not interfere with vehicle or pedestrian
intersection sight lines;
(b) Ground-mounted equipment shall not create a safety hazard;
(c) The ground-mounted equipment shall be located where the side
lot line meets the front lot line. If this is not feasible, then it shall
be located in an area so to minimize impacts on adjacent property;
(d) If placed above grade, ground-mounted equipment must be limited
to three feet in height and 28 cubic feet in cumulative size;
(e) The equipment shall not impede pedestrian travel on sidewalks
and trails. A minimum travel path of six feet in width shall be
maintained between the equipment and the edge of sidewalk
and/or other obstructions.
(f) The colors and/or materials of ground equipment protective
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Title: First reading of right-of-way ordinance
screening shall be designed to blend into the streetscape, match
existing buildings adjacent to the right of way or shall be wrapped
in a public art graphic. The design of ground equipment shall
minimize their visual impact in the right of way.
(g) Equipment located on the ground shall be encased in a protective
screening enclosure so that no wires, cables or sharp edges are
exposed.
(4) Small wireless facility agreement. A small wireless facility shall only be collocated on a
wireless support structure owned or under the control of the city, or any other city asset in the
right of way, after the applicant has executed a standard small wireless facility collocation
agreement with the city. The standard collocation agreement may require payment of the
following:
a. Management costs;
b. Up to $150 per year for rent to collocate on the city structure;
c. $25 per year for maintenance associated with the collocation;
d. A monthly fee for electrical service as follows:
1. $73 per radio node less than or equal to 100 maximum watts;
2. $182 per radio node over 100 maximum watts; or
3. The actual cost of electricity, if the actual costs exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu of, the required small
wireless facility permit, provided however, that the applicant shall not be additionally required
to apply for or enter into any individual license, franchise, or other agreement with the city in
order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect
any then-existing agreement between the city and applicant.
Sec. 24.262. Time for review of applications.
(1) Deadline for action. The city shall approve or deny a small wireless facility permit
application for collocation of a small wireless facility on a preexisting structure within 60
days after filing of a complete application. The city shall approve or deny a small
wireless facility permit application for construction of a new wireless support structure
within 90 days after filing of a complete application. The small wireless facility permit,
and any associated building permit application, shall be deemed approved if the city
fails to approve or deny the application within 90 days of receipt of a complete
application.
(2) Tolling of deadline for action. The 90-day deadline for action may be tolled if:
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a. The city receives applications within a single seven-day period from one or more
applicants seeking approval of permits for more than 30 small wireless facilities.
In such case, the city may extend the 90-day deadline for all such applications by
an additional 30 days by informing the affected applicants in writing of such
extension.
b. The applicant fails to submit all required documents or information and the city
provides written notice of incompleteness to the applicant within 30 days of
receipt of the application clearly and specifically delineating all missing
documents or information. Information delineated in the notice is limited to
documents or information publicly required as of the date of application and
reasonably related to the city’s determination whether the proposed equipment
falls within the definition of a small wireless facility and whether the proposed
deployment satisfies all health, safety, and welfare regulations applicable to the
small wireless facility permit request. Upon applicant’s submittal of additional
documents or information in response to a notice of incompleteness, the city has
10 days to notify the applicant in writing of any information requested in the
initial notice of incompleteness that is still missing. Second or subsequent
notices of incompleteness may not specify documents or information that were
not delineated in the original notice of incompleteness. Requests for information
not requested in the initial notice of incompleteness do not toll the 90-day
deadline for action.
c. The city and applicant may agree in writing to toll the review period.
Sec. 24.263. Permit fees.
(1) Excavation permit fee. The city shall impose an excavation permit fee in an amount
sufficient to recover the following costs:
a. city management costs; and
b. degradation costs, if applicable.
(2) Obstruction permit fee. The city shall impose an obstruction permit fee in an amount
sufficient to recover city management costs.
(3) Small wireless facility permit fee. The city shall impose a small wireless facility permit fee
for the placement of small wireless facilities and wireless support structures in the
public right-of-way in an amount sufficient to recover:
a. city management costs; and
b. city engineering, make-ready, and construction costs associated with collocation
of small wireless facilities.
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(4) Costs of initial engineering survey and preparatory construction work associated with
collocation. Any initial engineering survey and preparatory construction work associated
with collocation must be paid by the cost causer in the form of a onetime, nonrecurring,
commercially reasonable, nondiscriminatory, and competitively neutral charge to
recover costs associated with a proposed attachment.
(5) Payment of permit fees. No excavation, obstruction, or small wireless facility permit
shall be issued without payment of the respective excavation, obstruction, or small
wireless facility permit fees. The city may allow applicant to pay such fees within thirty
(30) days of billing.
(6) Nonrefundable. Permit fees that were paid for a permit that the city has revoked
are not refundable.
Sec. 24.264. Standards for Construction or Installation.
A. General Standards. Excavation, backfilling, patching, restoration, and all other work
performed in the right-of-way must be done in conformance with all applicable
Minnesota Statutes and Administrative Rules, including without limitation Rules
7819.5000 and 7819.5100, all requirements of the City Code, and local guide
specifications and standard details that are consistent with Minnesota Statutes Sections
237.162 and 237.163. Installation of service laterals must be performed in accordance
with Minnesota Rules Chapter 7560 and the City Code. The permit holder shall comply
with the following additional standards when performing the work authorized under the
right-of-way permit:
(1) Take such precautions as are necessary to avoid creating unsanitary conditions.
(2) Conduct the operations and perform the work in a manner that insures the least
obstruction to and interference with traffic.
(3) Take adequate precautions to insure the safety of the general public and those
who require access to abutting property.
(4) Notify adjoining property owners prior to commencement of work which may
disrupt the use of and access to such adjoining properties.
(5) Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times
during construction or installation.
(6) Exercise caution at all times for the protection of persons, including employees,
and property.
(7) Protect and identify excavations and work operations with barricade flags and, if
required, by a flag person in the daytime and by warning lights at night. All traffic
control devices shall conform to the latest addition of the Minnesota Manual on
Uniform Traffic Control Devices, including the latest edition of the Field Manual for
Temporary Traffic Control Zone Layouts.
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Title: First reading of right-of-way ordinance
(8) Provide proper trench protection as required by the Occupational Safety and
Health Administration in order to prevent cave-ins endangering life.
(9) Protect the root growth of trees and shrubbery.
(10) If possible, provide for space in the installation area for other right-of-way users.
(11) Maintain access to all properties and cross streets as possible during construction
and installation and maintain emergency vehicle access at all times.
(12) Maintain alignment and grade unless otherwise authorized by the City. Changes
not approved by the City will require removal and reconstruction.
(13) During plowing or trenching of facilities, a warning tape must be placed at a depth
of twelve (12) inches above copper cables with over two hundred (200) pairs and
above fiber facilities.
(14) Below concrete or bituminous paved road, sidewalk and trail surfaces, directional
bore facilities must be installed in conduit of a type determined by the permit
holder.
(15) The placing of all facilities must comply with the National Electric Safety Code, as
incorporated by reference in Minnesota Statutes section 326B.35.
(16) At the direction of the Director, facilities being installed or relocated within a high
density corridor shall be placed in a common conduit system or share other
common structures.
(17) A Minnesota licensed surveyor shall be used to locate property lines, install
property pins, and replace any destroyed property pins at corners.
(18) Excavations, trenches, and jacking pits off the roadway or adjacent to the roadway
or curbing shall be sheathed and braced depending upon location and soil stability
and as directed by the City.
(19) Excavations, trenches, and jacking pits shall be protected when unattended to
prevent entrance of surface drainage.
(20) All backfilling must be placed in six inch (6") layers at optimum moisture and
compacted with the objective of attaining ninety-five percent (95%) of Standard
Proctor. Compaction shall be accomplished with hand, pneumatic, or vibrating
compactors as appropriate.
(21) Backfill material shall be subject to the approval of the Director. The Director may
permit backfilling with the material from the excavation provided such material is
acceptable to the Director.
(22) Compacted backfill shall be brought to bottom of the aggregate base of the
approved street section.
(23) All work performed in the right-of-way shall be done in conformance with local
guide specifications and standard details, unless a less stringent standard is
approved by the Director.
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(24) Street and pedestrian traffic shall be maintained throughout construction unless
provided otherwise by the permit.
(25) No lugs damaging to roadway surfaces may be used.
(26) Dirt or debris must be removed daily during construction, which may require the
use of a mechanical sweeper.
(27) Above-ground utility markers may not be installed except as authorized by the
Director.
(28) Above-ground utility cabinets, pedestals, and boxes shall be identified with a
durable external sign or marker reflecting the name and contact information of the
owner of the facility.
(29) Other reasonable standards and requirements of the Director.
B. Standards for Installation, Relocation or Replacement of Underground Utilities. The
right-of-way permit holder shall comply with the following standards when installing
facilities underground:
(1) Longitudinal installations, relocations, or replacement under streets, sidewalks and
trails are prohibited unless otherwise approved by the Director.
(2) Crossing of streets, sidewalks, trails, and hard surfaced driveways shall be
directional bored at a minimum depth of sixty (60) inches unless otherwise
approved by the Director.
(3) Buried facilities below concrete or bituminous paved street, trail, and sidewalk
surfaces must be placed at a minimum depth of sixty (60) inches. Other buried
facilities shall be placed at a minimum depth of three (3) feet and a maximum
depth of four (4) feet unless an alternate location is approved in advance by the
Director.
(4) If construction is open cut, the permit holder must install the visual tracers within
twelve (12) inches and over buried facilities. If other construction methods are
used, substitute location methods will be considered.
(5) The permit holder shall register with Gopher State One Call and comply with the
requirements of that system.
(6) Compaction in a trench shall be ninety-five percent (95%) of Standard Proctor and
copies of test results must be submitted to the Director. Tests will be required at
the discretion of the Director. Tests must be conducted by an independent testing
firm at locations approved by the Director. The Director may require recompaction
and new tests if densities are not met.
(7) The facilities shall be located so as to avoid traffic signals and signs, which are
generally placed a minimum of three (3) feet behind the curb.
(8) When utilizing trenchless installation methods to cross an area in which a municipal
utility is located, and when directed by the City, the permit holder shall excavate an
observation hole over the utility to ensure that the City utility is not damaged.
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Title: First reading of right-of-way ordinance
(9) All junction boxes or access points shall be located no closer than ten (10) feet from
City hydrants, valves, manholes, lift stations, or catch basins unless an alternate
location is approved by the City.
(10) Underground facilities shall not be installed between a hydrant and an auxiliary
valve.
(11) Buried telecommunications facilities must have a locating wire or conductive shield,
except for dielectric cables.
(12) Buried fiber facilities must be placed in a conduit of a type determined by the right-
of-way user unless the permit holder obtains a waiver from the City.
C. Standards for Installation, Relocation, or Replacement of Overhead Facilities. The right-
of-way permit holder shall comply with the following standards when installing facilities,
other than small wireless facilities, overhead:
(1) All wires shall be a minimum of eighteen (18) feet above paved surfaces and at a
location that does not interfere with traffic signals, overhead signs, or street lights.
(2) Facilities shall be co-located on poles where possible.
(3) Placing overhead facilities on both sides of the right-of-way is prohibited unless
specifically approved by the Director.
D. Trenchless Excavation. A right-of-way permit holder employing trenchless excavation
methods, including but not limited to horizontal directional drilling, shall follow all
requirements set forth in Minnesota Statutes Chapter 216D and Minnesota Rules
Chapter 7560, and shall employ potholing or open cutting over existing underground
utilities before excavating as determined by the City.
Section 24.265. Right-of-way patching and restoration.
(1) Timing. The work to be done under the excavation permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates
specified in the permit, increased by as many days as work could not be done because
of circumstances beyond the control of the permittee or when work was prohibited as
unseasonal or unreasonable under Section 24.268.
(2) Patch and restoration. Permittee shall patch its own work. The city may choose either to
have the permittee restore the right-of-way or restore the right-of-way itself.
(a) City restoration. If the city restores the right-of-way, permittee shall pay
the costs thereof within thirty (30) days of billing. If, following such
restoration, the pavement settles due to permittee’s improper
backfilling, the permittee shall pay to the city, within thirty (30) days of
billing, all costs associated with correcting the defective work.
(b) Permittee restoration. If the permittee restores the right-of-way itself, it
shall at the time of application for an excavation permit post a
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Title: First reading of right-of-way ordinance
construction performance bond in accordance with the provisions of
Minnesota Rule 7819.3000.
(c) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a
right-of-way user may elect to pay a degradation fee. However, the right-
of-way user shall remain responsible for patching and the degradation
fee shall not include the cost to accomplish these responsibilities.
(3) Standards. The permittee shall perform excavation, backfilling, patching and restoration
according to the standards and with the materials specified by the city and shall comply
with Minnesota Rule 7819.1100.
(4) Duty to correct defects. The permittee shall correct defects in patching or restoration
performed by permittee or its agents. The permittee upon notification from the city,
shall correct all restoration work to the extent necessary, using the method required by
the city. Said work shall be completed within five (5) calendar days of the receipt of the
notice from the city, not including days during which work cannot be done because of
circumstances constituting force majeure or days when work is prohibited as
unseasonable or unreasonable under Section 24.268.
(5) Failure to restore. If the right-of-way permit holder fails to restore the right-of-way in
the manner and to the condition required by the Director, or fails to satisfactorily and
timely complete all restoration required by the Director, the City may complete the
restoration. The right-of-way permit holder shall reimburse the City for its reasonable
costs incurred in completing the restoration and shall pay any delay penalty and/or
degradation fee imposed by the City within thirty (30) days of invoice from the City. If a
right-of-way permit holder fails to pay as required, the City may exercise its rights under
the construction performance bond and deny future right-of-way permit applications.
(6) Delay Fee. The City may establish and impose a delay fee for unreasonable delays in
right-of-way excavation, obstruction, patching, or restoration, or for work not
completed prior to right-of-way permit expiration. The delay fee and associated fees
shall be established from time to time by City Council resolution. No delay fee shall be
imposed if the delay is due to circumstances beyond the control of the permit holder,
including without limitation inclement weather, acts of God, or civil strife.
Sec. 24.266. Joint applications.
(1) Joint application. Registrants may jointly apply for permits to excavate or obstruct the
right-of-way at the same place and time.
(2) Shared fees. Registrants who apply for permits for the same obstruction or excavation,
which the city does not perform, may share in the payment of the obstruction or
excavation permit fee. In order to obtain a joint permit, registrants must agree among
themselves as to the portion each will pay and indicate the same on their applications.
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Title: First reading of right-of-way ordinance
Sec. 24.267. Supplementary applications.
(1) Limitation on area. A right-of-way permit or small wireless facility permit is valid only for
the area of the right-of-way specified in the permit. No permittee may do any work
outside the area specified in the permit, except as provided herein. Any permittee which
determines that an area greater than that specified in the permit must be obstructed or
excavated must before working in that greater area (i) make application for a permit
extension and pay any additional fees required thereby, (ii) be granted a new permit or
permit extension.
(2) Limitation on dates. A right-of-way permit or small wireless facility permit is valid only
for the dates specified in the permit. No permittee may begin work before the permit
start date or, except as provided herein, continue working after the end date. If a
permittee does not finish the work by the permit end date, it must apply for a new
permit for the additional time it needs, and receive the new permit or an extension of
the old permit before working after the end date of the previous permit. This
supplementary application must be submitted before the permit end date.
Sec. 24.268. Other obligations.
(1) Compliance with other laws. Obtaining a right-of-way permit or small wireless facility
permit does not relieve permittee of its duty to obtain all other necessary permits,
licenses, and authority and to pay all fees required by the city or other applicable rule,
law, or regulation. A permittee shall comply with all requirements of local, state, and
federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09
(Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A
permittee shall perform all work in conformance with all applicable codes and
established rules and regulations, and is responsible for all work done in the right-of-
way pursuant to its permit, regardless of who does the work.
(2) Prohibited work. Except in an emergency, and with the approval of the city, no right-of-
way obstruction or excavation or collocation of a small wireless facilities or installation
or maintenance of a wireless support structures may be done when seasonally
prohibited or when conditions are unreasonable for such work.
(3) Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the
natural free and clear passage of water through the gutters or other waterways shall be
interfered with. Private vehicles of those doing work in the right-of-way may not be
parked within or next to a permit area, unless parked in conformance with city parking
regulations. The loading or unloading of trucks must be done solely within the defined
permit area unless specifically authorized by the permit.
(4) Trenchless excavation. As a condition of all applicable permits, permittees employing
trenchless excavation methods, including but not limited to Horizontal Directional
Drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and
Minnesota Rules Chapter 7560 and shall require potholing or open cutting over existing
underground utilities before excavating, as determined by the director.
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Title: First reading of right-of-way ordinance
Sec. 24.269. Right of Way Prohibitions.
A. Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any public
right-of-way any solid, recyclable, or yard waste, including but not limited to nails, dirt,
glass, cans, discarded cloth or clothing, construction debris, metal scraps, garbage,
leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease,
petroleum products or other automotive fluids or to empty any water containing salt or
other injurious chemical thereon. It is a violation of this Section to haul any such
material inadequately enclosed or covered thereby permitting the same to fall upon the
street.
B. Fires. It is a misdemeanor for any person to build or maintain a fire upon a public right-
of-way.
C. Hazardous Materials. It is a misdemeanor for any person or right-of-way user to
generate, store, dispose or transport to or over the right-of-way, any Hazardous
Materials. Any and all hazardous materials in the right-of-way as defined in this
ordinance must be removed except as otherwise permitted by the Director.
D. Signs. It is a misdemeanor for any person to place or maintain a sign within any public
right-of-way except as otherwise permitted by the Director.
E. Placing Snow or Ice in a Public Right-of-Way. It is a misdemeanor for any person not
acting under a specific contract with the City or without written permission from the
Director to remove snow or ice from private property or a private driveway and cause
the same to obstruct, encroach upon, encumber, or interfere wholly or partially with
any public right-of-way, including but not limited to a public roadway, street, sidewalk,
walkway, bike or trail way, easement, park, or other public property.
Where permission is not granted by the Director, the City may remove the snow or ice
from the public right-of-way and the person shall be initially responsible for payment of
all direct and indirect costs of removing the snow or ice from the street. If not paid
within thirty (30) days of invoice, collection shall be by civil action or assessment against
the property as any other special assessment.
F. Each day that any person continues in violation of this subdivision shall be a separate
offense and punishable as such.
Sec. 24.270. Denial of permit.
(1) Reasons for denial. The city may deny an application for a permit for failure to meet the
requirements and conditions of this chapter or if the city determines that the denial is
necessary to protect the health, safety, and welfare or when necessary to protect the
right-of-way and its current use.
(2) Procedural requirements. The denial or revocation of a permit must be made in writing
and must document the basis for the denial. The city must notify a telecommunications
right-of-way user in writing within three business days of the decision to deny a permit.
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Title: First reading of right-of-way ordinance
If a permit application is denied, the telecommunications right-of -way user may cure
the deficiencies identified by the city and resubmit its application. If the
telecommunications right-of-way user resubmits the application within 30 days of
receiving written notice of denial, it may not be charged an additional filing or
processing fee. The city must approve or deny the revised application within 30 days
after the revised application is submitted.
Sec. 24.271. Revocation of permits.
(1) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-
way permit or small wireless facility permit without a fee refund, if there is a substantial
breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any
material condition of the permit. A substantial breach by permittee shall include, but
shall not be limited to, the following:
(a) The violation of any material provision of the right-of-way permit or small
wireless facility permit;
(b) An evasion or attempt to evade any material provision of the right-of-way permit
or small wireless facility permit, or the perpetration or attempt to perpetrate any
fraud or deceit upon the city or its citizens;
(c) Any material misrepresentation of fact in the application for a right-of-way
permit or small wireless facility permit;
(d) The failure to complete the work in a timely manner, unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the
permittee's control; or
(e) The failure to correct, in a timely manner, work that does not conform to a
condition indicated on an order issued pursuant to Section 24.273.
(2) Written notice of breach. If the Director determines that the permit holder has
committed a substantial breach of a term or condition of any statute, ordinance, rule,
regulation, or any condition of the right-of-way permit or small wireless facility permit,
the Director shall notify the permit holder of the breach in writing and demand that the
permit holder remedy the violation. The notice and demand shall inform the permit
holder that continued violations may result in revocation of the right-of-way permit or
small wireless facility permit. In the notice and demand, the Director may also impose
additional or revised conditions on the right-of-way permit or small wireless facility
permit to mitigate and remedy the breach.
(3) Response to notice of breach. Within twenty-four (24) hours of receiving notification of
the breach, permittee shall provide the city with a plan, acceptable to the city that will
cure the breach. Permittee's failure to so contact the city, or permittee's failure to
timely submit an acceptable plan, or permittee's failure to reasonably implement the
approved plan, shall be cause for immediate revocation of the permit.
(4) Revocation. Revocation of a right-of-way permit or small wireless facility permit shall be
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Title: First reading of right-of-way ordinance
made in writing within three business days of the decision to revoke the permit and
shall document the basis for the revocation.
(5) Reimbursement of city costs. If a right-of-way permit or small wireless facility permit is
revoked, the permittee shall also reimburse the city for the city's reasonable costs,
including restoration costs and the costs of collection and reasonable attorneys' fees
incurred in connection with such revocation.
Sec. 24.272. Installation requirements.
The excavation, backfilling, patching, and restoration, and all other work performed in
the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000
and other applicable local requirements, in so far as they are not inconsistent with Minnesota
Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in
accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral
installation is further subject to those requirements and conditions set forth by the city in the
applicable permits and/or agreements referenced in section 24.274 subdivision 2 of this
ordinance.
Sec. 24.273. Inspection.
(1) Notice of completion. When the work under any right-of-way or small wireless facility
permit is completed, the permit holder shall furnish a completion certificate and as-built
drawings in accordance with Minnesota Rule 7819.1300.
(2) Site inspection. Permittee shall make the work-site available to the city and to all others
as authorized by law for inspection at all reasonable times during the execution of and
upon completion of the work.
(3) Authority of director.
(a) At the time of inspection, the director may order the immediate cessation of any
work which poses a serious threat to the life, health, safety, or well-being of the
public.
(b) The director may issue an order to the permittee for any work that does not
conform to the terms of the permit or other applicable standards, conditions, or
codes. The order shall state that failure to correct the violation will be cause for
revocation of the permit. Within ten (10) days after issuance of the order, the
permittee shall present proof to the director that the violation has been
corrected. If such proof has not been presented within the required time, the
director may revoke the permit pursuant to section 24.269.
Sec. 24.274. Work done without a permit.
(1) Emergency situations. Each registrant shall immediately notify the director of any event
regarding its facilities that it considers to be an emergency. The registrant may proceed to take
whatever actions are necessary to respond to the emergency. Registrant’s notification to
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Title: First reading of right-of-way ordinance
Gopher State One Call regarding an emergency situation does not fulfill this requirement.
Within two (2) business days after the occurrence of the emergency, the registrant shall apply
for the necessary permits, pay the fees associated therewith, and fulfill the rest of the
requirements necessary to bring itself into compliance with this chapter for the actions it took
in response to the emergency.
If the city becomes aware of an emergency regarding a registrant's facilities, the city will
attempt to contact the local representative of each registrant affected, or potentially affected,
by the emergency. In any event, the city may take whatever action it deems necessary to
respond to the emergency, the cost of which shall be borne by the registrant whose facilities
occasioned the emergency.
(2) Non-emergency situations. Except in an emergency, any person who, without first
having obtained the necessary permit, excavates or obstructs or places a small wireless facility
or wireless support structure in the right-of-way must subsequently obtain a permit and, as a
penalty, pay double the normal fee for said permit, pay double all the other fees required by
the city Code, deposit with the city the fees necessary to correct any damage to the right-of-
way, and comply with all of the requirements of this chapter.
Sec. 24.275. Supplementary notification.
If the obstruction or excavation or the placement of a small wireless facility or wireless
support structure in the right-of-way begins later or ends sooner than the date given on the
permit, permittee shall notify the city of the accurate information as soon as this information is
known.
Sec. 24.276. Mapping data.
(1) Information required. Each registrant, permittee shall provide mapping information
required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100.
Within ninety (90) days following completion of any work pursuant to a permit, the
permittee shall provide the director accurate maps and drawings certifying the "as-
built" location of all equipment installed, owned and maintained by the permittee. Such
maps and drawings shall include the horizontal and vertical location of all facilities and
equipment and shall be provided consistent with the City's electronic mapping system,
when practical or as a condition imposed by the director. Failure to provide maps and
drawings pursuant to this subsection shall be grounds for revoking the permit holder's
registration.
(2) Service laterals. All permits issued for the installation or repair of service laterals, other
than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the
permittee’s use of appropriate means of establishing the horizontal locations of
installed service laterals and the service lateral vertical locations in those cases where
the director reasonably requires it. Permittees or their subcontractors shall submit to
the director evidence satisfactory to the director of the installed service lateral
locations. Compliance with this subdivision 2 and with applicable Gopher State One Call
law and Minnesota Rules governing service laterals installed after December 31, 2005
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shall be a condition of any city approval necessary for:
(a) payments of contractors working on a public improvement project including
those under Minnesota Statutes Chapter 429; and
(b) city approval under the development agreements or other subdivision or site
plan approval under Minnesota Statutes Chapter 462. The Director shall
reasonably determine the appropriate method of providing such information to
the city.
Failure to provide prompt and accurate information on the service laterals installed may result
in the revocation of the permit issued for the work or future permits to the offending permittee
or its subcontractors.
Sec. 24.277. Location and relocation of facilities.
(1) Rule. When directed by the city, a right-of-way user shall promptly and at his, her, or its
own expense, with due regard for seasonal working conditions, permanently remove
and relocate its facilities in the right-of-way when it is necessary to prevent
interference, and not merely for the convenience of the city, in connection with: (1) a
present or future City use of the right-of-way for a public project; (2) the public health or
safety; or (3) the safety and convenience of travel over the right-of-way. The registrant
shall restore any rights-of-way to the condition it was in prior to removal and relocation.
Placement, location, and relocation of facilities must comply with the Act, with other
applicable law, and with Minnesota Rules 7819.3100, 7819.5000, and 7819.5100, to the
extent the rules do not limit authority otherwise available to cities.
(2) Relocation schedule notification procedures. The director shall notify the registrant or
permit holder at least three months in advance of the need to relocate existing facilities.
The director shall provide a second notification to the registrant or permit holder one
month before the date by which the relocation must be completed. To the extent
technically feasible, all utilities must be relocated within one month or in a time frame
determined by the director.
(3) Delay to city project. If the registrant or permit holder fails to meet the relocation
schedule due to circumstances within the owner’s control, the city may charge the
owner for all costs incurred by the city because the relocation is not completed in the
scheduled timeframe.
(4) Joint trenching. All facilities shall be placed in appropriate portions of the right-of-way so
as to cause minimum conflict with other underground facilities. When technically
appropriate and no safety hazards are created facilities shall be installed, constructed,
or placed within the same trench. Notwithstanding the foregoing, gas and electric lines
shall be placed in conformance with Minnesota Rules part 7819.5100 subpart 2,
governing safety standards.
(5) Corridors. The city may assign a specific area within the right-of-way, or any particular
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Title: First reading of right-of-way ordinance
segment thereof as may be necessary, for each type of facilities that are or, pursuant to
current technology, the city expects will someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the city involving the installation or
replacement of facilities shall designate the proper corridor for the facilities at issue. A
typical crossing section of the location for utilities may be on file at the director’s office.
This section is not intended to establish “high density corridors.”
Any registrant who has facilities in the right-of-way in a position at variance with the corridors
established by the city may remain at that location until the city requires facilities relocation to
the corridor pursuant to relocation authority granted under Minnesota Rules part 7819.3100 or
other applicable law.
(6) Nuisance. One year after the passage of this chapter, any facilities found in a right-of-
way that have not been registered shall be deemed to be a nuisance. The city may
exercise any remedies or rights it has at law or equity, including, but not limited to,
abating the nuisance or taking possession of the facilities and restoring the right-of-way
to a useable condition.
(7) Limitation of space. To protect the health, safety, and welfare, or when necessary to
protect the right-of-way and its current use, the city shall have the power to prohibit or
limit the placement of new or additional facilities within the right-of-way. In making
such decisions, the city shall strive to the extent possible to accommodate all existing
and potential users of the right-of-way, but shall be guided primarily by considerations
of the public interest, the public’s needs for the particular utility service, the condition
of the right-of-way, the time of year with respect to essential utilities, the protection of
existing facilities in the right-of-way, and future city plans for public improvements and
development projects which have been determined to be in the public interest.
Sec. 24.278. Pre-excavation facilities location.
In additions to complying with the requirements of Minn. Stat. § 216D.01-.09 (“One Call
Excavation Notice System”) before the start date of any right-of-way excavation, each registrant
who has facilities or equipment in the area to be excavated shall mark the horizontal and
vertical placement of all said facilities. Any registrant whose facilities are less than twenty (20)
inches below a concrete or asphalt surface shall notify and work closely with the excavation
contractor to establish the exact location of its facilities and the best procedure for excavation.
Sec. 24.279. Damage to other facilities.
When the city does work in the right-of-way and finds it necessary to maintain, support,
or move a registrant's facilities to protect it, the city shall notify the local representative as early
as is reasonably possible. The costs associated therewith will be billed to that registrant and
must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible
for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each
registrant shall be responsible for the cost of repairing any damage to the facilities of another
registrant caused during the city's response to an emergency occasioned by that registrant's
facilities.
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Title: First reading of right-of-way ordinance
Sec. 24.280. Right-of-way vacation.
If the city vacates a right-of-way that contains the facilities of a registrant, the
registrant’s rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
Sec. 24.281. Indemnification and liability
By registering with the city, or by accepting a permit under this chapter, a registrant or
permittee agrees to defend and indemnify the city in accordance with the provisions of
Minnesota Rule 7819.1250.
Sec. 24.282. Abandoned and unusable facilities.
(1) Discontinued operations. A right-of-way user/registrant who has determined to discontinue
all or a portion of its operations in the city must provide information satisfactory to the city
that the registrant obligations for its facilities in the right of way under this chapter,
including removal and disposal of Hazardous Materials, have been lawfully assumed by
another registrant.
(2) Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it
from that right-of-way if required in conjunction with other right-of-way repair, excavation,
or construction, unless this requirement is waived by the city.
(3) Non-Completion or Abandonment of Work. Work shall progress expeditiously to completion
in accordance with any time limitation specified in the right-of-way permit or small wireless
facility permit so as to avoid unnecessary inconvenience to the public. In the event that the
permit holder fails to timely complete the work in accordance with the terms of the right-
of-way permit or small wireless facility permit or ceases or abandons the work without due
cause, the City may, after six (6) hours' notice in writing to the permit holder of its intention
to do so, correct the work, fill any excavation, and repair the public right-of-way in a
manner that it deems necessary to protect the safety and welfare of the public. The City
shall make or contract for all temporary and permanent repairs, including but not limited to
backfilling, compacting, and resurfacing, and the permit holder shall reimburse the City for
all costs incurred for such work. If the permit holder fails to reimburse the City within thirty
(30) days of billing, the City may do any or all of the following: (1) reimburse itself from the
proceeds from any cash deposit, letter of credit, bond, or other security given by the
permit holder; (2) deny the permit holder any future right-of-way permits or small wireless
facility permits; and (3) impose a delay penalty.
Sec. 24.283. Appeal.
A right-of-way user that: (1) has been denied registration; (2) has been denied a permit;
(3) has had a permit revoked; or (4) believes that the fees imposed are not in conformity with
Minn. Stat. § 237.163, Subd. 6; or (5) disputes a determination of the director regarding Section
24.274 subdivision 2 of this ordinance may have the denial, revocation, fee imposition, or
decision reviewed, upon written request, by the city council. The city council shall act on a
timely written request at its next regularly scheduled meeting, provided the right-of-way user
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Title: First reading of right-of-way ordinance
has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A
decision by the city council affirming the denial, revocation, or fee imposition will be in writing
and supported by written findings establishing the reasonableness of the decision.
Sec. 24.284. Exemptions.
The provisions of this division shall not be applicable to:
(1) City employees acting within the course and scope of their employment and
contractors acting within the course and scope of a contract with the city;
(2) Persons who install mailboxes in the public right-of-way in accordance with
requirements of the U.S. Postal Service;
(3) Persons who temporarily place residential household refuse containers in the public
right-of-way for the collection of solid waste or recyclables in accordance with the
provisions of the City Code.
Section 2. This ordinance shall take effect fifteen days after its publication.
Reviewed for administration:
Adopted by the City Council April 15, 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 April 1, 2019
Second Reading April 15, 2019
Date of Publication April 25, 2019
Date Ordinance takes effect May 10, 2019