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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 R55CKS2 LOGIS400V 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 R55CKS2 LOGIS400V 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 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 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. 3/22/20192/23/2019 - 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 4Page -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 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 5Page -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 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 6Page -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 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 7Page -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 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 8Page -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 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 10Page -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 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 11Page -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 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 12Page -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 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 13Page -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 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 14Page -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 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 3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V 16Page -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 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 3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V 17Page -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 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 3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V 18Page -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 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 3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V 19Page -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 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 20Page -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 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 3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V 21Page -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 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 22Page -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 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 3/25/2019CITY OF ST LOUIS PARK 13:41:50R55CKS2 LOGIS400V 23Page -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 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 24Page -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 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 25Page -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 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 26Page -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 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 27Page -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 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 28Page -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 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 29Page -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 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 30Page -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 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 31Page -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 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 33Page -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 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 34Page -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 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 35Page -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 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 36Page -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 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 37Page -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 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 38Page -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 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 39Page -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 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 40Page -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 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 41Page -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 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 GWX5 34TH ST W HAMILTON ST O A K L E A F D R BLACKSTONEAVESWO O D D A L E A V E1ST ST NWGORHAM AVE 29TH ST W LAKE ST W 2ND ST NWLI B R A R Y L N BRUNSWICKAVESALABAMAAVESBRUNSWICKAVESBLACKSTONEAVESB R O W N L O W A V E FLORIDAAVESGEORGIAAVESHAMPSHIREAVESKENTUCKYAVESLOUISIANAAVESBRUNSWICKAVESLOUISIANAAVES¯ 2019 Alley Construction Legend Project Alleys44th St. W. 32ND ST W 33RD ST W 31ST ST W MINNETONKA BLVD EDGEWOOD AVE SDAKOTA AVE SCOLORADO AVE SJERSEY AVE SIDAHO AVE S33RD ST W 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, City council meeting of April 1, 2019 (Item No. 8b) Page 8 Title: First reading of right-of-way ordinance 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. City council meeting of April 1, 2019 (Item No. 8b) Page 9 Title: First reading of right-of-way ordinance 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. City council meeting of April 1, 2019 (Item No. 8b) Page 10 Title: First reading of right-of-way ordinance 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: City council meeting of April 1, 2019 (Item No. 8b) Page 11 Title: First reading of right-of-way ordinance (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); City council meeting of April 1, 2019 (Item No. 8b) Page 12 Title: First reading of right-of-way ordinance 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 City council meeting of April 1, 2019 (Item No. 8b) Page 13 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 City council meeting of April 1, 2019 (Item No. 8b) Page 14 Title: First reading of right-of-way ordinance 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 City council meeting of April 1, 2019 (Item No. 8b) Page 15 Title: First reading of right-of-way ordinance 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. City council meeting of April 1, 2019 (Item No. 8b) Page 16 Title: First reading of right-of-way ordinance 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. City council meeting of April 1, 2019 (Item No. 8b) Page 17 Title: First reading of right-of-way ordinance 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 City council meeting of April 1, 2019 (Item No. 8b) Page 18 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: City council meeting of April 1, 2019 (Item No. 8b) Page 19 Title: First reading of right-of-way ordinance 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. City council meeting of April 1, 2019 (Item No. 8b) Page 20 Title: First reading of right-of-way ordinance (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. City council meeting of April 1, 2019 (Item No. 8b) Page 21 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. City council meeting of April 1, 2019 (Item No. 8b) Page 22 Title: First reading of right-of-way ordinance (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. City council meeting of April 1, 2019 (Item No. 8b) Page 23 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 City council meeting of April 1, 2019 (Item No. 8b) Page 24 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. City council meeting of April 1, 2019 (Item No. 8b) Page 25 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. City council meeting of April 1, 2019 (Item No. 8b) Page 26 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. City council meeting of April 1, 2019 (Item No. 8b) Page 27 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 City council meeting of April 1, 2019 (Item No. 8b) Page 28 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 City council meeting of April 1, 2019 (Item No. 8b) Page 29 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 City council meeting of April 1, 2019 (Item No. 8b) Page 30 Title: First reading of right-of-way ordinance 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 City council meeting of April 1, 2019 (Item No. 8b) Page 31 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. City council meeting of April 1, 2019 (Item No. 8b) Page 32 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 City council meeting of April 1, 2019 (Item No. 8b) Page 33 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