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HomeMy WebLinkAbout2017/10/02 - ADMIN - Agenda Packets - City Council - RegularAGENDA OCTOBER 2, 2017 6:30 p.m. SPECIAL STUDY SESSION – Community Room Discussion Item 1. 6:30 p.m. Flavored Tobacco 7:25 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Community Room 1.Call to Order 2.Roll Call 3. Approval of Minutes 3a. Economic Development Authority Meeting Minutes September 18, 2017 4. Approval of Agenda 5.Reports 5a. Approval of EDA Disbursements 6.Old Business – None 7.New Business -- None 8.Communications -- None 9.Adjournment 7:30 p.m. CITY COUNCIL MEETING – Community Room 1.Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2.Presentations 2a. Retirement Recognition for Equipment Superintendent Dennis Millerbernd 3. Approval of Minutes 3a. Study Session Meeting Minutes of September 11, 2017 3b. Special Study Session Meeting Minutes September 18, 2017 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 October 2, 2017 City Council Agenda 5. Boards and Commissions -- None 6.Public Hearings 6a. Consolidated Public Hearing I.2018 Budget & Property Owner Service Charges for Special Service District No. 1 Recommended Action: Mayor to open the public hearing, take testimony, and close the public hearing. Motion to Adopt Resolution setting the 2018 Budget & Property Owner Service Charges and directing staff to certify the annual service charges to Hennepin County. II.2018 Budget & Property Owner Service Charges for Special Service District No. 2 Recommended Action: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. III.2018 Budget & Property Owner Service Charges for Special Service District No. 3 Recommended Action: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. IV.2018 Budget & Property Owner Service Charges for Special Service District No. 4 Recommended Action: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. V.2018 Budget & Property Owner Service Charges for Special Service District No. 5 Recommended Action: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 5 and directing staff to certify the annual service charges to Hennepin County. VI.2018 Budget & Property Owner Service Charges for Special Service District No. 6 Recommended Action: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 6 and directing staff to certify the annual service charges to Hennepin County. 6b. Lakes Venture, LLC - 3.2 Off-Sale Liquor License for Fresh Thyme Farmer’s Market and Off-Sale Intoxicating Liquor License for Fresh Thyme Liquor Recommended Action: Mayor to open public hearing, take public testimony, and close public hearing. Motion to approve applications from Lakes Venture, LLC dba Fresh Thyme Farmer’s Market for a 3.2 Off-Sale liquor license for the premises located at 4840 Excelsior Boulevard, Suite A and Lakes Venture, LLC dba Fresh Thyme Liquor for an Off-Sale Intoxicating liquor license for the premises located at 4840 Excelsior Boulevard, Suite B with license terms through March 1, 2018. 6c. First Reading of Ordinance Vacating Utility Easement at Shoppes of Knollwood Recommended Action: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to approve First Reading of Ordinance vacating a utility easement and set the Second Reading of Ordinance for October 16, 2017. 7.Requests, Petitions, and Communications from the Public – None Meeting of October 2, 2017 City Council Agenda 8.Resolutions, Ordinances, Motions and Discussion Items 8a. Resolution Requesting the Charter Commission Provide Recommendations Regarding Charter Amendments Recommended Action: Motion to Adopt Resolution requesting that the St. Louis Park Charter Commission provide recommendations to the City Council regarding two possible Charter amendments. 8b. 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code Recommended Action: Motion to approve the first reading of an Ordinance amending the Businesses and Licenses code, and to set the second reading for October 16, 2017. 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 October 2, 2017 City Council Agenda CONSENT CALENDAR 4a. Accept for filing City Disbursement Claims for the period of August 26, through September 22, 2017. 4b. Approve Second Reading and Adopt Ordinance amending Section 36-268-PUD 8 of the Zoning Code relating to the Major Amendment for The Elmwood. 4c. Approve execution of the Hennepin County Memo of Understanding for Text to 911. 4d. Approve second reading and Adopt Ordinance of the Right-of-Way and approve the Ordinance Summary for publication. 4e. Authorize execution of a professional services contract with SRF Consulting Group, Inc. in the amount of $121,491.50 for 2018 Connect the Park segments Project No. 4018- 2000. 4f. Authorize execution of a professional services contract with SRF Consulting in the amount of $181,986 for the Historic Walker Lake District Design Study Project No. 4018-1050. 4g. Approve the 2018 Zero Waste Packaging Acceptable Materials and Exemptions lists, as presented. 4h. Adopt Resolution to recognize Equipment Superintendent Dennis Millerbernd for 37 years of service. 4i. Authorize execution of a professional services contract with RESPEC in the amount of $231,020.00 for the update of the City’s Surface Water Management Plan (SWMP) 4018-4100. 4j. Designate Aqua Logic, Inc. as the lowest responsible bidder authorizing execution of an agreement with the firm in the amount of $447,000 to replace the filters, replace feature pumps and relocate pumps at the Rec Center Aquatic Park. 4k. Approve a temporary extension of the licensed premises for a one-day event at Copperwing Distillery, located at 6409 Cambridge Street. 4l. Adopt Resolution authorizing the special assessment for the repair of the water service line at 7813 Division Street, St. Louis Park, Minnesota. P.I.D. 20-117-21-22-0094. 4m. Adopt Resolution approving acceptance of a monetary donation from Kauffman Foundation for all travel expenses of Mayor Jake Spano to attend the 2017 Mayor’s Conference on Entrepreneurship that will be held in Oakland, CA on October 25-27, 2017. 4n. Approve for filing Fire Civil Service Commission Meeting Minutes of June 12, 2017. St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting: Special Study Session Meeting Date: October 2, 2017 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Flavored Tobacco RECOMMENDED ACTION: Staff desires direction from the Council as to whether it wishes to pursue adoption of the attached draft ordinance amending the Tobacco Licensing sections of city code to prohibit the sale of flavored tobacco products in St. Louis Park. POLICY CONSIDERATION: Will the restriction on the sale of flavored tobacco products be of benefit to the community’s public health? SUMMARY: The city has adopted an ordinance raising the age for purchasing all tobacco products, including flavored tobacco products, from 18 to 21. This ordinance took effect on October 1, 2017. At the June 26, 2017 study session the Council discussed possible regulation of various flavored tobacco products and provided direction to staff to investigate and develop a proposed ordinance prohibiting the sale of flavored tobacco. The City Attorney has confirmed that the city may consider an ordinance to prohibit the sale of flavored tobacco products by licensed tobacco establishments within the city. Council also inquired about possibly establishing both a license category and zoning requirements to restrict where a tobacco only shop could be located. Requirements could be established, setting a maximum number of tobacco shop licenses, along with location and other operational regulations for a business license. Staff from Inspections and Community Development discussed this with the City Attorney and are not recommending creation of a tobacco only store category. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Draft Ordinance Prepared by: Ann Boettcher Inspection Services Manager Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager Special Study Session Meeting of October 2, 2017 (Item No . 1) Page 2 Title: Flavored Tobacco DISCUSSION BACKGROUND: The City Council discussed options for tobacco sales at the March 6, May 15, and June 26, 2017 Study Sessions. Included was information provided from Hennepin County Public Health on the long-term health concerns of youth consuming tobacco products. Although federal law prohibits flavored cigarettes, tobacco companies offer items such as cigars, chew, blunt wraps, e-cigarettes and the tobacco used in hookahs in flavors like candy, chocolate, bubble gum, and fruit. Research in this area indicates that flavored tobacco use is more common in youth than adults.1 Of those middle and high school students who reported using tobacco products, an estimated 70% had used flavored tobacco products in the last month. During informational meetings with Tobacco License holders on May 24 and 25, 2017, staff presented both raising the legal age to purchase tobacco, and possible regulation of flavored tobacco. Much like their reaction to raising the legal age to 21, similar concerns were raised by the license holders. These concerns related primarily to the expected loss in revenue as customers take their business to other neighboring cities. As part of the annual Tobacco Establishment license inspection to verify compliance with ordinance requirements, inspectors included a survey for each of the 23 establishments, identifying the type of tobacco products being sold. Below is the summary of the 2017 survey indicating most all sell regular, menthol, and most flavored products of some type: Product # of Establishments Cigarettes Menthol and regular 23 Little Cigars/Cigarillos Menthol, fruit and regular 19 Large Cigars Menthol and regular 7 Chew/snuff/dip/snus Flavored 17 E-cigarettes Menthol, fruit and regular 9 Prohibiting the Sale of Flavored Tobacco Council directed staff to work with the City Attorney to amend the Tobacco Licensing code prohibiting the sale of flavored tobacco in its entirety. Attached is the proposed ordinance for your review. The City Attorney reviewed a document provided by Hennepin County Public Health from Public Health Law Center. The Public Health Law Center examined the city’s current code as it relates to tobacco products and tobacco related devices and provided analysis/options for our current code. The adopted City ordinance raising the age for sale of all tobacco products from 18 to 21 may reduce the availability of flavored tobacco products for youth. Menthol, wintergreen 1 https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6438a2.htm?s_cid=mm6438a2_w; https://oup.silverchair- cdn.com/oup/backfile/Content_public/Journal/ntr/15/2/10.1093/ntr/nts178/2/nts178.pdf?Expires=1489874220&Signature=WsP6Igib33cuad WcXye35S8UpOo8T3QroKUvWWv8Sp0HtDZsJz7hcvib6Wv~0abVQkhUjK~UsmohahYRE1YItSYPssI61qmqe62Ru7WZeuNAUWf- iBWyuBkuDBmDgtBpYZ1FVt~CcpqExYOKM7bMeTbGly6EM4MxKTcw- y4qIN2jwtfyYOdkWWVVqmd1LRKFuCzjmT10CiEh3s3Axly2SONF6V8LkUMwyIEd~qjNRTXxLZEDJHXpGSnQeMjOiqAtWOh9BFnSu5h6SzaCsRjgo1Ir Fez~fM9pn39woe1uFsKnocxrIOTaipSTCzSHMhfzdKmfGfjQ0PFKYNE89JVp1w__&Key-Pair-Id=APKAIUCZBIA4LVPAVW3Q Special Study Session Meeting of October 2, 2017 (Item No . 1) Page 3 Title: Flavored Tobacco and mint have been in regular use for many decades and not directly marketed to youth. Menthol, mint and wintergreen would be exempt from the list of prohibited flavors. Other cities have adopted ordinances regulating flavored tobacco. These include: •Minneapolis adopted an ordinance that became effective January of 2016 restricting the sale of flavored tobacco products (excluding menthol, mint and wintergreen) to tobacco product shops only and excludes those under 18 years of age from entering those establishments. The ordinance also sets minimum pricing of cigars - single and multi- packs. Recently, Minneapolis City Council approved restricting the sale of menthol, mint and wintergreen flavor tobacco products to tobacco only shops and liquor stores. This will take effect on August 1, 2018. •St. Paul adopted an ordinance effective January 2016 that states no person shall sell, offer for sale, or otherwise distribute any flavored tobacco. This restriction does not apply to retail stores that derive at least 90% of their revenue from the sale of tobacco products, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery process and where the retailer ensures that no person under 18 years of age is permitted to enter at any time. The ordinance also sets minimum pricing of cigars - single and multi-packs. St. Paul City Council is considering following Minneapolis’s footsteps limiting the sale of menthol, mint and wintergreen to tobacco only shops. A public hearing was held September 20th and was continued to September 27th. After the hearing on September 27th the St. Paul City Council voted to delay a decision on whether to restrict menthol tobacco sales from convenience stores for another month. Additional cities including Bloomington, Brooklyn Center, Maplewood, and Richfield have implemented various regulations on packaging and minimum pricing. Tobacco Only Shops There are no Tobacco Only Shops doing business in St. Louis Park. With the legal age to purchase any tobacco product in St. Louis Park now raised to 21, and assuming the draft ordinance to prohibit the sale of flavored tobacco is approved, there appears to be no economic justification for opening a tobacco only shop. The city already prohibits tobacco sampling and drug paraphernalia sales, which further discourages tobacco only shops. To develop a tobacco only shop license, a new land use category would need to be developed in the Zoning Code, which requires review and approval from the Planning Commission first before being presented to the City Council. This would need to be done at the same time as the proposed ordinance, thus delaying the process if the Council wishes to move forward with prohibiting flavored tobacco. City attorney and staff are not recommending establishing a tobacco only license. Next Steps If the Council directs staff to proceed, the following timeline is proposed: 1.Notify all license holders of an informational meeting with staff scheduled for late October. 2.Issue the required minimum 30-day notice of the1st reading of the proposed ordinance scheduled for November 20, 2017. Although not legally required, staff suggests including a public hearing on the meeting agenda before the ordinance vote. 3. Second reading scheduled for December 4, 2017. If approved, effective date of ordinance is proposed as May 1, 2018, to allow retailers to sell remaining products. 194331v2 ORDINANCE NO. ____-17 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARK CITY CODE RELATING TO TOBACCO THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 8-1 of the City Code shall be amended by adding the following definition: Flavored tobacco product means any tobacco product or component part thereof that contains a constituent that imparts a characterizing flavor, unless it imparts only the taste or aroma of menthol, mint, or wintergreen. As used in this definition, the term “charactering flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of the tobacco product, including but not limited to, tastes or aromas of chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb, and any spice; provided however that no tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or provision of ingredient information. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate such statements or claims, that a tobacco product has or produces a characterizing flavor shall establish that the tobacco product is a flavored tobacco product. SECTION 2. Section 8-374 of the City Code shall be amended by adding the underlined language as follows: Sec. 8-374. Regulations Adopted. (a)It shall be a violation of this subdivision for any person to sell or offer to sell any tobacco, tobacco- related device or electronic delivery device: (1) To any person under the age of 21 years. (2) By means of any type of vending machine. (3)By means of self-service merchandising whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco- related device or electronic delivery device. All such products shall be stored behind a counter or other area not freely accessible to customers. (4)Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana or other type of deleterious, hallucinogenic or toxic or controlled substance, except nicotine, and not naturally found in tobacco, tobacco-related devices or electronic delivery devices. (5)By any other means or to any other person prohibited by federal, state or other local laws, ordinances or other regulations. Special Study Session Meeting of October 2, 2017 (Item No. 1) Title: Flavored Tobacco Page 4 194331v2 (6)That meets the definition of flavored tobacco product. (b)Tobacco sampling within an establishment selling any tobacco, tobacco product or tobacco related devices is prohibited. SECTION 3. Section 8-378 of the City Code shall be amended by adding the underlined language as follows: (a)Generally. Any violation of this subdivision shall be grounds to revoke or suspend a license under this subdivision. (b)Criminal penalty. As set forth in M.S.A. ch. 609, it shall be a: (1)Misdemeanor for anyone to sell tobacco, a tobacco-related device or electronic delivery device to a person under the age of 21 years for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a gross misdemeanor. (2)Misdemeanor to furnish tobacco, a tobacco-related device or electronic delivery device to a person under the age of 21 years. Whoever violates this paragraph a subsequent time is guilty of a gross misdemeanor. (3)Misdemeanor for anyone to sell or offer to sell a flavored tobacco product in violation of section 8-374(a)(6). (4)Petty misdemeanor for anyone under the age of 21 years to sell, furnish or give away any tobacco, tobacco-related device or electronic delivery device. This subsection shall not apply to a person age 18-20 years while working as an employee of a business holding a license granted pursuant to this subdivision. (c)Presumed penalties for Violations: The presumed penalties for violations are as follows (unless specified, numbers below indicate consecutive business days’ suspension): Type of Violation 1st Violation 2nd Violation within 36 months 3rd Violation within 36 months 4th Violation within 36 months 1. Commission of a felony related to the licensed activity. Revocation N/A N/A N/A 2.Sale of tobacco, tobacco-related device or electronic delivery device while license is under suspension. Revocation N/A N/A N/A Special Study Session Meeting of October 2, 2017 (Item No. 1) Title: Flavored Tobacco Page 5 194331v2 3.Sale of tobacco, tobacco-related device or electronic delivery device to underage person. $500 $1,000 and 1 day $2,000 and 30 days Revocation 4. Refusal to allow government inspectors or police admission to inspect premises. 5 days 15 days Revocation N/A 5.Illegal gambling on premises.3 days 6 days 18 days Revocation 6.Failure to attend mandatory education training. $250 $750 and 1 day $2,000 and 3 days Revocation 7.Prohibited sales of flavored tobacco products $500 $1,000 and 1 day $2,000 and 30 days Revocation The penalty for violations without a presumptive penalty shall be determined by the City Council. The imposition of the presumptive penalty shall be a written notice to the licensee and may be appealed through an administrative hearing process as set by the city manager. The city manager's decision may be appealed to the city council by filing a written appeal to the city clerk within ten days of receiving written notice of the city manager's decision. (d)Multiple violations: At a licensee’s first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council’s discretion. (e)Subsequent violations: Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to the second, third, or fourth appearance before the Council. (f)Subsequent appearances: Upon a second, third, or fourth appearance before the Council by the same licensee, the Council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. Special Study Session Meeting of October 2, 2017 (Item No. 1) Title: Flavored Tobacco Page 6 194331v2 (g)Computation of violations: Multiple violations are computed by checking the time period of the three (3) years immediately prior to the date of the most current violation. (h)Other penalties: Nothing in this Section shall restrict or limit the authority of the Council to suspend up to sixty (60) days, revoke the license, impose a civil fee not to exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this Chapter. (i)Additional Requirements. In addition to civil penalties, every licensee that has been found in violation of this Chapter must enter into and complete an education training program approved by the City’s Police Department. (j)Exceptions and defenses. Nothing in this subdivision shall prevent the providing of tobacco, tobacco products or tobacco related devices to a person under the age of 21 as part of a bona fide religious, spiritual or cultural ceremony. It shall be an affirmative defense to a violation of this subdivision for a person to have reasonably relied upon proof of age as set forth by state law. SECTION 4. This Ordinance shall take effect following its passage and publication on __________ ___, 2017. ADOPTED this ______ day of _______________, 2017, by the City Council of the City of St. Louis Park. Public Hearing November 20, 2017 First Reading November 20, 2017 Second Reading December 4, 2017 Date of Publication December 14, 2017 Date Ordinance takes effect May 1, 2018 Reviewed for Administration Adopted by City Council ____________________________________ ____________________________________ Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: ____________________________________ ____________________________________ Melissa Kennedy, City Clerk Soren Mattick, City Attorney Special Study Session Meeting of October 2, 2017 (Item No. 1) Title: Flavored Tobacco Page 7 Meeting: Economic Development Authority Meeting Date: October 2, 2017 Minutes: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA SEPTEMBER 18, 2017 1. Call to Order President Mavity called the meeting to order at 7:15 p.m. Commissioners present: President Anne Mavity, Tim Brausen, Steve Hallfin, Thom Miller, Susan Sanger, and Jake Spano. Commissioners absent: Gregg Lindberg. Staff present: Executive Director (Mr. Harmening), Economic Development Coordinator (Mr. Hunt), City Attorney (Mr. Mattick), Deputy City Manager/Human Resources Director (Ms. Deno), Chief Financial Officer (Mr. Simon), Assistant Zoning Administrator (Mr. Morrison), Engineering Director (Ms. Heiser), and Recording Secretary (Ms. Pappas). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Meeting Minutes September 5, 2017 It was moved by Commissioner Hallfin, seconded by Commissioner Miller, to approve the EDA minutes as presented. The motion passed 6-0. 4. Approval of Agenda It was moved by Commissioner Hallfin, seconded by Commissioner Spano, to approve the EDA agenda as presented. The motion passed 6-0. 5. Reports - None 6. Old Business – None 7. New Business 7a. 2018 Preliminary HRA Levy Certification and Budget Adoption. EDA Resolution No. 17-19 Mr. Simon presented the staff report. He stated that the HRA levy was originally implemented in St. Louis Park due to legislative changes in 2001, which reduced future tax Economic Development Authority Meeting of October 2, 2017 (Item No. 3a) Page 2 Title: Economic Development Authority Meeting Minutes of September 18, 2017 increment revenues. The city council elected at that time to use the levy proceeds for future infrastructure improvements in redevelopment areas. By law, these funds could also be used for other housing and redevelopment purposes. However, they are committed to repaying the development fund via an interfund loan for the Highway 7 and Louisiana Avenue project until 2019 or 2020 based on the current Long Range Financial Management Plan. Given this obligation, staff recommends the HRA levy continue at the maximum allowed by law for the 2018 budget year. Mr. Simon added that the HRA levy cannot exceed 0.0185% of the estimated market value of the city. Therefore, staff has calculated the maximum HRA levy for 2018 to be $1,172,786 based on valuation data from Hennepin County. This is an increase of $86,325 or 7.95% from 2017. Mr. Simon noted that the EDA is allowed to authorize the HRA levy and then forward this recommendation to the city council. Council action is required before certification, which is also scheduled to occur following this action. It was moved by Commissioner Brausen, seconded by Commissioner Miller, to adopt EDA Resolution No. 17-19, authorizing the proposed levy of a special benefit levy pursuant to Minnesota Statutes Section 469.033. Subdivision 6, and approval of the 2018 Preliminary HRA Levy and Budget for fiscal year 2018. The motion passed 6-0. 7b. Revised Redevelopment Contract with 36th Street, LLC. EDA Resolution No. 17-20 Mr. Hunt presented the staff report. He noted that the developer has requested to reduce the size of the recently approved Elmwood mixed-use project from 6 stories and 85 units to 5 stories and 70 units, due to higher than anticipated final construction cost estimates. The developer also requested that the project’s required start and completion dates be revised to be no later than February 15, 2018 and August 15, 2019 respectively. Commissioner Brausen appreciated the developer being forthright in this matter, adding that he still believes this is a good project and a good investment for the city because of the light rail station being in the neighborhood and the affordable housing being provided. It was moved by Commissioner Spano, and seconded by Commissioner Brausen, to adopt EDA Resolution No. 17-20, approving the Redevelopment Contract between the EDA and 36th Street, LLC as revised. The motion passed 5-1. (Commissioner Miller opposed). 8. Communications – None 9. Adjournment The meeting adjourned at 7:22 p.m. ______________________________________ ______________________________________ Melissa Kennedy, Secretary Anne Mavity, President Meeting: Economic Development Authority Meeting Date: October 2, 2017 Consent Agenda Item: 5a EXECUTIVE SUMMARY TITLE: Approval of EDA Disbursements RECOMMENDED ACTION: Motion to accept for filing EDA Disbursement Claims for the period of August 26, through September 22, 2017. 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 CONSIDERATION: Review and approval of the information follows the EDA’s Bylaws and provides another layer of oversight to further ensure fiscal stewardship. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: EDA Disbursements Prepared by: Kari Mahan, Accounting Clerk Reviewed by: Tim Simon, Chief Financial Officer Approved by: Tom Harmening, City Manager 9/25/2017CITY OF ST LOUIS PARK 8:41:12R55CKS2 LOGIS400V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 500.00BENDER MARILYN BELTLINE SWLRT DEVELOPMENT OTHER CONTRACTUAL SERVICES 500.00 15.01CITIZENS INDEPENDENT BANK DEVELOPMENT - EDA G&A MEETING EXPENSE 15.01 1,080.00GREEN HORIZONS 7015 WALKER-REYNOLDS WELD PROP LAND MAINTENANCE 204.004601 HWY 7 PROP ACQUISITION LAND MAINTENANCE 230.98MCGARVEY COFFEE SITE LAND MAINTENANCE 372.00HWY 7 & LOUISIANA LAND MAINTENANCE 1,886.98 150.87HUNT, GREG DEVELOPMENT - EDA G&A MILEAGE-PERSONAL CAR 150.87 3,000.00LOCKRIDGE GRINDAL NAUEN PLLP DEVELOPMENT - EDA G&A LEGAL SERVICES 3,000.00 1,688.49SEHDEVELOPMENT - EDA G&A PLANNING 1,688.49 915.00THE PARK THEATER COMPANY PUBLIC ART OTHER CONTRACTUAL SERVICES 915.00 500.00WIDENSTROM DENNIS BELTLINE SWLRT DEVELOPMENT OTHER CONTRACTUAL SERVICES 500.00 Report Totals 8,656.35 Economic Development Authority Meeting of October 2, 2017 (Item No. 5a) Title: Approval of EDA Disbursements Page 2 Meeting: City Council Meeting Date: October 2, 2017 Presentation: 2a EXECUTIVE SUMMARY TITLE: Retirement Recognition for Equipment Superintendent Dennis Millerbernd RECOMMENDED ACTION: The Mayor is asked to read the resolution and present a plaque to Dennis Millerbernd for 37 years of service to the City of St. Louis Park. POLICY CONSIDERATION: None at this time. SUMMARY: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the Mayor, City Manager and City Council. Equipment Superintendent Dennis Millerbernd will be in attendance for the presentation at the beginning of the meeting. The Mayor is asked to read the resolution and present Dennis with a plaque in recognition of his years of service to the City. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Lori Vail, HR Technician Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 2a) Title: Retirement Recognition for Equipment Superintendent Dennis Millerbernd RESOLUTION NO. 17-____ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO EQUIPMENT SUPERINTENDENT DENNIS MILLERBERND WHEREAS, Dennis Millerbernd began his employment with the City of St. Louis Park over 37 years ago on July 28, 1980; and WHEREAS, Dennis has been instrumental in operating the Fleet Maintenance Division as efficient as humanly possible and purchased over $37 million of equipment in his 37 years of service; and WHEREAS, Dennis kept current with his ASE (Automotive Service Excellence) and DOT inspection certifications and various other professional organizations enabling him to gain and share his knowledge in fleet operations; and WHEREAS, Dennis kept an open mind in technology, moving the shop to a paperless management system, looked at alternative fuel options, brought E 85 to our fuel system (the first in the state), added electric and hybrid vehicles to the fleet and was part of development team of the first Throw Phone for the Police department; and WHEREAS, Dennis has always put the customer first, providing top notch service to all departments including Police, Fire, Inspections, Parks and Public Works and received a commendation from the Police Department for his hard work and dedication to consistently providing exceptional service; and WHEREAS, Dennis will enjoy spending time with his wife, Joan, children and grandchildren and continue to support his granddaughter, a future skating star, and find time to enjoy the great outdoors, shooting trap and chasing ducks and deer in the fall; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Dennis Millerbernd for his great contributions and 37 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 2, 2017 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 11, 2017 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Thom Miller, and Susan Sanger. Staff present: City Manager (Mr. Harmening), Director of Operations and Recreation (Ms. Walsh), Director of Engineering (Ms. Heiser), Senior Engineering Project Manager (Mr. Shamla), Deputy City Manager/Human Resources Director (Ms. Deno), Principal Planner (Ms. McMonigal), Public Works Services Manager (Mr. Merkley), Solid Waste Program Coordinator (Ms. Fisher), and Recording Secretary (Ms. Pappas). Guest: Margaret Rog, Human Rights Commission (HRC) Member; and, Mona Elabbady, Consultant. 1. Future Study Session Agenda Planning – September 18 & 25, 2017 Mr. Harmening presented the proposed Study Session agendas for September 18 and 25, 2017. He noted that there will be a discussion on ranked choice voting on September18, and the second police presentation, along with housing preservation policies, on September 25. Councilmember Miller asked if Chief Harcy will discuss the city’s ICE policy at the meeting on September 25. Mr. Harmening said yes. Councilmember Mavity stated she wants the focus of the conversation on ranked choice voting to be clear and with a goal in mind. Mr. Harmening stated the focus will be on what the council wants to do and how they want to move forward on this related to policy. Councilmember Mavity stated she would like the staff report to explain all the paths involved and have them clearly outlined, as well. 2. Solid Waste Program Update Mr. Merkley explained the items and program changes that are being proposed in the upcoming RFP for garbage, recycling, organics recycling, and yard waste haulers. Details of the changes are in the staff report. He noted that staff recently completed a survey to gauge residents’ satisfaction with the solid waste program and what changes they would like to see. Results showed that overall residents have been very satisfied with the current program, and details are included in the staff report, as well. Mr. Merkley added that staff has listened to council’s concerns and are looking at every week recycling and every other week garbage collection, along with increased recycling for multi-family units. He added that the 2017 organics goal of 30% will be achieved by the end of this year. Ms. Fisher stated that pilot projects are underway or will soon roll-out for multi-family organics drop-sites and every other week garbage collection, and this has helped staff understand the options before the RFP process is completed. She added that with regard to the zero waste packaging City Council Meeting of October 2, 2017 (Item No. 3a) Page 2 Title: Study Session Minutes of September 11, 2017 ordinance, staff is proposing that the exemptions remain the same for 2018. Ms. Fisher stated that Ms. Barker has been attending a regional collaboration group regarding food and beverage packaging with other staff from the cities of St. Paul and Minneapolis. The group is working on utilizing regional Green-To-Go branding while incorporating the city’s branding, also. Mr. Harmening asked if any information was missing and if the council had further directions for the RFP. Councilmember Mavity asked if the RFP is clear on the goals and targets of the council in order to prevent random responses from haulers. Mr. Merkley stated that the solid waste goals that staff has previously discussed with council are addressed in the RFP. Ms. Fisher added that the city programs must also align with county and state goals. Councilmember Brausen stated he likes everything in the staff report, including the requirements on recycling. However, he asked how promotion of racial equity will be handled with hauler contracts and noted that he would like this incorporated into the process. Councilmember Hallfin stated that while the report was great, he would like staff to work on the zero waste package ordinance. He asked what can be done to not have future packaging exemptions. Ms. Fisher stated that staff would like to work regionally on more uniformity regarding packaging exemptions in cities with similar packaging ordinances. She added that the city has been more restrictive by not providing exemptions for some packaging that others have chosen to exempt due to cost. Ms. Fisher stated that by encouraging other cities with packaging ordinances to remove some of their exemptions, St. Louis Park can help move the process to reduce the number of exemptions. Councilmember Hallfin added that with the next zero waste information that is sent to city restaurants, we should let them know that the city is exempting these items now but may not exempt them in the future. Mayor Spano asked if there is an issue with availability, cost, or something else. Ms. Fisher stated cost is not able to be a determining factor in creating exemptions as part of the city’s ordinance. It is more about availability and packaging performance. Councilmember Sanger asked if there is any type of mechanism to facilitate joint purchase and pools among multiple restaurants. Ms. Fisher stated that while she is not aware of any, she will check further into it and return with a response for the council. Councilmember Lindberg expressed appreciation for Councilmember Hallfin’s point. He stated that staff is doing the work that is needed and making the connection with restaurants. He added that he would prefer not to change the exemption list each time the council discusses it but wants to be sure that staff has latitude with business owners related to the list. Councilmember Sanger asked about seeing quotes for alternative methods of organics recycling collection and what this actually means. Mr. Merkley stated that the ordinance will require that all items are collected; however, staff will consider if items are collected in the same cart or not. He added that staff will want to allow all haulers to propose alternative methods to accomplish the same goal, while not lowering the city’s collection standards. City Council Meeting of October 2, 2017 (Item No. 3a) Page 3 Title: Study Session Minutes of September 11, 2017 Councilmember Sanger asked why the city is not requesting bids for the use of smaller garbage size carts – smaller than 30 gallons. She also presented a collection bag from Georgetown, Texas, that they put recycled bags in and then put that bag into the recycle bin. She stated that it is easier for residents to recycle plastic bags and for the city to get them to the proper recycling center. She asked staff to research this option called “bag the bag.” Ms. Fisher stated she did reach out to Georgetown’s recycling coordinator on this issue, adding that this is the only community in Texas currently implementing this program. She explained that the roadblocks would be the cost of the special bag and ensuring that residents were clear about the instructions as bags that are placed loose in carts cause major problems at material recovery facilities. Ms. Fisher noted that one of the metro regions biggest haulers had recently tried a similar collection program and chose to discontinue it. However, she stated that staff can continue to look into this. Councilmember Mavity stated she would not support the promotion of an additional plastic bag and would prefer the city promote a “bring your own bag” ordinance instead, stating that this would provide a better outcome. Mr. Harmening stated that staff will look into it further. Councilmember Miller asked about getting alternate bids for alternate collection methods and why this could not include larger multi-family buildings, as well. Ms. Fisher stated that staff can certainly look into it in the future, as well. Councilmember Miller added that the city brush drop- off area is a great service, noting that few residents are aware of it. Councilmember Mavity asked about RFP hauler costs and if the staff collects all bids and analyzes them and then makes recommendations to council based on the pricing received. She added that the city’s goal needs to be to reduce the amount of garbage and to increase recycling. Councilmember Mavity also noted that she has been talking to residents about how much they pay for recycling, adding that as an incentive, she would like to have a base rate for recycling and a variable cost for garbage. Mr. Merkley stated that staff will continue to work on this and on creating a base price for garbage collection and variable pay-as-you-throw increases for higher service levels to create incentives to reduce waste. Councilmember Lindberg added that costs for residents are a concern and he wants the council to be cautious and not make home ownership more challenging for residents. He stated that he wants to be careful about making changes that might have a negative impact or create an additional burden on residents, and he also wants the city’s solid waste service to remain competitive in cost. Councilmember Sanger noted that costs charged to residents will be dependent on bids the city receives, so the city will not have a lot of control on prices. She added that many of the people who complain are also those who throw their garbage in the recycling bin, so staff will need to continue to educate residents who are resistant to recycling. Mr. Harmening pointed out that there is a correlation with what is in the RFP and the bid, adding that if the city moves to weekly recycling, bids will be higher. Mayor Spano stated that the goal is to incent recycling, and he is supportive of the direction staff is going. He stated that he would be interested in seeing some of the comments from the residents’ survey, adding that when he mentions the city’s organics program and the free bags to residents, people are interested. He stated that the compostable bags used by the city are the best, and he would want to continue to provide these high-quality bags. Mayor Spano added that continuing to educate residents, while keeping things as simple as possible, is important if we want people to City Council Meeting of October 2, 2017 (Item No. 3a) Page 4 Title: Study Session Minutes of September 11, 2017 participate. He stated that clarity and simplicity will make this more successful, noting that staff has done great work. 3. Advancing Racial equity Update and Council Discussion Ms. Deno presented the update, noting that the staff report is a summary and a living document that can be changed and updated. She noted that work on advancing racial equity is a high priority for council, and this is a journey for staff, council, and the city. Mr. Harmening commented on recent meetings on racial equity with the League of Minnesota Cities, stating that St. Louis Park is further along on this work than most cities, except for Minneapolis and St. Paul. He added that some cities are having trouble moving this issue along to policy makers, and people are struggling with why it is important, outside of it being just the right thing to do. Mr. Harmening added that the city’s demographics will continue to change, and the city is a service industry, which works to meet the needs of residents. Racial equity work will help our neighborhoods to be successful, and it is an economic development initiative. Mayor Spano stated when the city is focused on the issue of racial equity, it will make all of our service delivery better. He pointed to data from the visioning study, which stated that 44% of residents in St. Louis Park feel sad or not part of this community. He added that it is the city’s and the council’s responsibility to fix that and make sure all are treated fairly and equitably. Ms. Deno added that it is good for the city to keep talking and thinking about it, in order to help close the gaps and improve outcomes for all. She added that racial equity is predominant because it is the predictor of success, and noted it is important not to lose sight of that. Ms. Deno pointed out that the council has helped staff address racial equity in their day-to-day work by adopting the 4 areas in the council action plan. 1. Gather information during Vision process on advancing racial equity; hear voices and include this in all areas of Vision/Comp Plan. 2. Implement Workforce Initiatives: • Staffing initiatives to include avenues for success in hiring and advancing racial equity at our workplace. • Contractors and wealth creation initiatives to open up opportunities for underrepresented groups/vendors). 3. Council to work on connecting with potential leaders in the community to diversify boards, commissions and involvement in other areas. 4. Council to work with HRC to continue increasing awareness in advancement of racial equity in the community, including outreach. Ms. Deno noted that the 4 areas of policy direction on advancing racial equity that were set by the council were incorporated into staff department action plans. Council reviewed the department action plans and discussed examples from each department. She also noted that in the staff report, neighborhood maps are included which show areas where non-white residents live. She stated that these maps will help staff review overall service delivery as it relates to demographics. Mr. Harmening noted that the purchase of a vehicle/van that could be used by any department to facilitate pop-up meetings at various locations around the city is proposed in the capital plan for outreach. It could be utilized in parks, playgrounds, or neighborhood meetings versus having all City Council Meeting of October 2, 2017 (Item No. 3a) Page 5 Title: Study Session Minutes of September 11, 2017 meetings at city hall. Mr. Harmening added that this type of outreach will take city hall to the residents, especially to those who may not be inclined to come to city hall for a meeting. Councilmember Mavity stated that staff has been responsive to what council was looking for. She asked about dashboard indicators and how the baseline is determined for employee data. Ms. Deno stated that employee statistics and data collection is being conducted, and staff can document statistics on city boards and commissions, as well. Documentation and statistics will be gathered as staff continues to work on the department action plans. Councilmember Brausen stated that he appreciates this report and hopes this information will be distributed across departments and shared with the HRC and other commissions, as well. He noted the importance of contracting with minority and women-run businesses. Councilmember Sanger agreed with Councilmember Brausen on the importance of contracting with minority and women-run businesses, adding that some larger contracts can be broken down into smaller pieces and minority businesses hired as subcontractors. Ms. Deno then divided the council up into three sub-groups to work on an exercise related to the racial equity tool process, asking them to report back on an idea, walk through steps, and explain how to look at new programs or projects through the equity process. After the group process and reporting of how the process worked, Ms. Deno stated that using the tool is to help stimulate staff’s and council’s thinking, to help all of us look at all projects and processes through the racial equity lens. The Council further discussed the definition of Council Action Plan items 3 and 4 that was drafted by consultant Gordon Goodwin, particularly related to providing guidance to the HRC as a follow- up to the January joint meeting. Item 3 - Council to work on connecting with potential leaders in the community to diversify boards, commissions and involvement in other areas: Outreach in Community with other Groups/Partners. • As a way of preparing for the community information sessions, the Mayor, City Manager and two councilmembers will coordinate a meeting with a number of interested parties to connect on what is happening with advancement of race equity. The initial meeting will be set up and a future check-in will be determined. -City of St. Louis Park -School District/Community Education -Allies -Interfaith -HRC Chair -Other Item 4 - Council to work with HRC to continue to increase awareness in advancement of racial equity in the community, including outreach. Communication to HRC: Council respectfully requests that HRC host up to six City of St. Louis Park racial equity information sessions for St. Louis Park resident associations City Council Meeting of October 2, 2017 (Item No. 3a) Page 6 Title: Study Session Minutes of September 11, 2017 (timeframe to be determined). These sessions should engage all segments of our community, especially reputational leaders of ethnic and racially diverse groups living in St. Louis Park. These information sessions will serve as an orientation to the City of St. Louis Park’s racial equity approach. Questions that will be discussed in these sessions include: • Why is racial equity the focus of our work? • What are some desired results for racial equity in the City of St. Louis Park? • How might St. Louis Park residents’ lives be positively impacted by City of St. Louis Park racial equity? • How can St. Louis Park residents help with this effort? Council discussed Item 3 - outreach with others in the community. Mayor Spano explained that there were lots of groups in the community working on racial equity issues and ideas. Mr. Harmening stated that these sessions started in May and have been very positive and informative. Councilmember Mavity asked about the goals and outcomes anticipated from the HRC. Mr. Harmening stated that this was discussed by the group at the last meeting, and it is on the list for discussion for the upcoming meeting. Councilmember Lindberg added this has provided the ability for people who care about the community to come together and share their common concerns, which can lead to better communication, ideas, and outcomes. Councilmember Mavity stated as racial equity has been discussed over the last year and a half, the council has discussed how to make this topic a community discussion and how to increase community engagement. She stated she wants to be certain they are all aligned with the HRC, as well. Mayor Spano stated that HRC and MAC are aware and a member is in attendance if available. He noted that the next meeting is being planned for October. Council discussed Item 4 regarding HRC. Councilmember Hallfin stated that he would like to have the council offer some guidance to the HRC but also to have them collect ideas and make it more of a grassroots versus a top down initiative. Councilmember Brausen disagreed and stated that he would like the council to give the HRC a structure to help them facilitate discussion. Councilmember Miller agreed with both Councilmembers Brausen and Hallfin but would like to leave it up to the HRC on how to engage with the community and then have HRC come back to council with suggestions and recaps. Councilmember Sanger agreed with Councilmember Miller and does not want to tell the HRC what to do. She suggested that they might have conversations and get input from high school age leaders, where there is a much greater number of persons of color. Councilmember Miller asked Ms. Rog, an HRC member, for her perspective. Ms. Rog stated that the HRC is a small group that meets monthly. She noted the problem of miscommunication between the council and the HRC. She stated that the HRC had prepared input City Council Meeting of October 2, 2017 (Item No. 3a) Page 7 Title: Study Session Minutes of September 11, 2017 on body cameras for police, but the council did not want the input. She added the group is limited by time and there is a question if council wants input from the HRC at all. She added that the HRC is still looking for their mission. Mayor Spano stated that the council sees the HRC as being of value in that they are facilitating community conversations. He noted that there was a lot of energy in the room at the meeting in January. Ms. Rog stated that without direction from the council, they don’t know how to facilitate action, and maybe they can do better mainly with cultural conversations. Ms. Deno noted that maybe council race equity action items 3 and 4 do not need to be further defined and can be left as originally written, without further definition. Councilmember Sanger asked Ms. Rog what is needed as far as resources or assistance to make it easier for the HRC. Ms. Rog stated that she will take this question back to the HRC. Councilmember Mavity stated that there has been a lot more going on than she was aware of and that going forward she would like more communications on all the meetings and activities. She added that she would like the new Racial Equity Coordinator being hired to be available to assist the HRC in their work, as well 4. Highway 169 Mobility Study Councilmember Brausen asked that this topic be discussed at a study session. He has been attending the Highway 169 Policy Advisory Committee (PAC) for over two years and wants to gather council input on the mobility study to bring back to the PAC. Mr. Shamla noted that the project goals are to improve access, mobility, ridership, ROI, supportive conditions, and to preserve the environment. He noted the considerations for St. Louis Park, pointing out two routes being considered for BRT and MNPass - I 394 and Hwy 55. Additionally, he pointed out alternatives for the Cedar Lake Road/Hwy 169 interchange being considered. Councilmember Brausen also noted that this commission is weighted to Scott County as Highway 494 to Shakopee is their interest, and they deal with congestion there. Ms. Elabbady noted that the costs for this project are in the $300–600 million range, which far exceeds the MnDOT budget over the next few years. However, she added that because of the congestion mitigation project, Hwy. 169 would rank higher as an unfunded project. Therefore, a feasibility study was conducted in order to have an option ready for the future in case funding becomes available. Ms. Elabbady added that a workshop conducted pointed out that Cedar Lake Road was a better option than Minnetonka Boulevard. Ms. McMonigal added that because Minnetonka Boulevard has larger intersections at Highway 169 than Cedar Lake Road, it would be looked at as a better option. Mr. Harmening stated staff recommendation is that the council advise Council Member Brausen that the city supports Alternative 2 described as: BRT from Marschall Road to downtown Minneapolis via Highway 55 and MnPASS between Marschall Road and Highway 55. City Council Meeting of October 2, 2017 (Item No. 3a) Page 8 Title: Study Session Minutes of September 11, 2017 Ms. Elabbady pointed out that with no funding identified at this time, the study is looking only to see if the project is feasible. If so, a plan can be developed to work on it in incremental improvements over a 10-15-year period. She added that federal funding can also be applied for. Communications/Meeting Check-In (Verbal) The meeting adjourned at 9:30 p.m. Written Reports provided and documented for recording purposes only: 5. 2018 Budget & Service Charges for Special Service District (SSD) Nos. 1-6 6. Right-of-Way Ordinance Update – Small Wireless Facility Permit ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City Council Meeting Date: October 2, 2017 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 18, 2017 The meeting convened at 6:15 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Anne Mavity, Thom Miller, and Susan Sanger. Councilmember absent: Gregg Lindberg. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City Manager/Human Resources Director (Ms. Deno), City Clerk (Ms. Kennedy), and Recording Secretary (Ms. Pappas). Guest: None 1. Election Process Mr. Harmening stated that the council has discussed the topic of Ranked Choice Voting (RCV) on numerous occasions and at the end of their last discussion on June 5, 2017 council asked staff to bring back an outline of the steps involved to change current election administration processes in time for the next municipal election in 2019. He noted if this was something that the council wanted to pursue further, the next step would be to take the item to the Charter Commission for a recommendation. Councilmember Brausen stated he assumes that the preference would be to amend the Charter by ordinance, similar to the process that was followed with the last amendment to eliminate primary elections. He noted that staff has examples from other communities that conduct RCV elections and asked if a procedure could be developed similar to those. Councilmember Sanger stated that the process that is followed will drive the timing. She asked if the council directed the Charter Commission to make a recommendation, if staff would develop an ordinance of procedures and then send it back to council for a final vote. Ms. Deno stated that council must first decide if they want the Charter updated to allow for the use of RCV in municipal elections. Mr. Mattick added that if the Charter Commission makes a recommendation to move forward, which would require 8 votes, the council can proceed with a public hearing on a draft ordinance to amend the Charter. He noted that a unanimous vote of the council would be required to amend the Charter by ordinance. If the vote is not unanimous, the council would still have the opportunity to put a question on the November, 2018 ballot. Councilmember Miller asked about timing and how long the Charter Commission could take to make a recommendation. Ms. Kennedy stated that the commission has 60 days to consider the council’s request, but by statute can vote to extend that timeline up to an additional 90 days. Mayor Spano stated that RCV will change the way the city conducts local elections and asked if this is a decision the council is comfortable making on their own, with direction from the Charter Commission, or if it should go on a ballot as a question to voters. City Council Meeting of October 2, 2017 (Item No. 3b) Page 2 Title: Special Study Session Minutes of September 18, 2017 Councilmember Sanger stated she does not want it put it on a ballot, noting that the community elects the council to make governance decisions. She added that the public trusts the council to make good decisions because they are the one that have researched and discussed the use of RCV. She referenced California and stated their elections have become chaotic because of so many ballot questions. She added that if the question goes to a public vote, the process is delayed. Councilmember Brausen agreed with Councilmember Sanger, noting that there will be a new council next year, and it would be unfair to assume how new members would vote. He added there will be opportunity for a robust public process at that time. Councilmember Mavity agreed with Councilmember Sanger, stating that she would like to start the timeline for the Charter Commission review as soon as possible in order to have time to consider other options, if necessary. She added that she wants to be cautious in case the council is not in unanimous agreement. Councilmember Hallfin noted the staff report, which sated that other communities such as Aspen, Colorado, and Burlington, Vermont, adopted RCV for two years, and then returned to the traditional runoff system. He stated that he is curious why they repealed it, adding that he likes the concept of RCV in principle but not in practice, given what he has seen in Minneapolis elections in terms of the lack of serious candidates filing for office. Councilmember Sanger stated that the city cannot control who files for office, adding that St. Louis Park has had issues in the past with people who file for office and are not serious candidates. She added that the staff list of cities that have adopted RCV is incomplete and should also include Santa Fe, Memphis, and Sarasota. Ms. Kennedy stated that staff was asked to provide a list of cities that have actually used RCV in their elections. She noted there are other cities have adopted RCV legislation, but have not used it in an election. Councilmember Sanger stated that she hopes this process can move quickly and, if feasible, be brought to a vote this year. Councilmember Hallfin noted he is not to saying that he would vote against implementing RCV, only that he was not sold on the concept based on what he saw in Minneapolis. Councilmember Sanger stated that in the last election for Minneapolis Mayor, 35 people filed, and they made RCV work. She pointed out that data showed the majority of voters did rank their first 3 choices, and a survey afterward showed the vast majority of voters were satisfied with RCV. Councilmember Mavity stated that it seems we have a majority of the council who would like to recommend RCV to the Charter Commission, adding that she would like to make the recommendation with clear language that indicates the majority will of the council to move forward with RCV and that outlines a timeline for a Charter Commission recommendation to come back to council. She suggested that staff come back at the next regular meeting with language that is strong enough for the Charter Commission to move forward. Mayor Spano asked if the council is directing the Charter Commission to make a recommendation on a process to move forward. City Council Meeting of October 2, 2017 (Item No. 3b) Page 3 Title: Special Study Session Minutes of September 18, 2017 Mr. Mattick clarified that Councilmember Mavity wants the Charter Commission to make a recommendation to move forward with RCV and propose an ordinance to amend the Charter for council consideration. He reiterated that with this process, there would need to be a unanimous vote from the council to amend the Charter by ordinance. Mr. Harmening suggested adopting a resolution that clearly states what the council is asking the Charter Commission to consider. He noted at this point the council cannot assume there will be a unanimous vote to amend the Charter. Councilmember Mavity stated that she would like the language to be clear and not open ended regarding the adoption of RCV. Councilmember Sanger suggested that staff draft a resolution for consideration at the next regular meeting. She offered to assist in drafting the resolution. Mayor Spano stated that he would also like to provide input on the resolution to be sent to the Charter Commission. He added that he feels the public would want to have a direct voice in the decision on how to elect their mayor and council and he has heard from a number of people both in support of and against the use of RCV. Councilmember Miller stated every resident he has heard from is in support of RCV. He stated that there is no need for listening sessions and does not find it more complicated than the decision to eliminate the Primary Election. Mr. Mattick clarified that if there are not 8 affirmative votes on the Charter Commission, and/or the vote from the council is not unanimous to approve the Charter amendment, the only other way forward is to put a question on the ballot. Ms. Deno stated that the resolution requesting the Charter Commission to provide recommendations on amendments to the charter will come before the council at the October 2 regular city council meeting. The meeting adjourned at 6:55 p.m. ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City Council Meeting Date: October 2, 2017 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 August 26, through September 22, 2017. 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 CONSIDERATION: Review and approval of the information follows the City’s Charter and provides another layer of oversight to further ensure fiscal stewardship. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: City Disbursements Prepared by: Kari Mahan, Accounting Clerk Reviewed by: Tim Simon, Chief Financial Officer Approved by: Tom Harmening, City Manager 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 600.003RD LAIR SKATEPARK POLICE GRANTS & E-911BUDGET OTHER CONTRACTUAL SERVICES 600.00 13.37ABELSON, SHARON NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 13.37 7.38ABLE HOSE & RUBBER INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 7.38 4,509.30ABRA MN EDEN PRAIRIE UNINSURED LOSS G&A UNINSURED LOSS 4,509.30 225.00ACACIA ARCHITECTS LLC MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 225.00 1,521.78ACCOUNTEMPSWATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 1,521.78SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 1,521.78SOLID WASTE G&A GENERAL PROFESSIONAL SERVICES 1,521.78STORM WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 6,087.12 4,620.00ACE TRAILER SALES GENERAL FUND BALANCE SHEET INVENTORY 4,620.00 266.95ACME TOOLS MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 266.95 43,088.50ADVANCED DISPOSAL SERVICES SOLID WASTE COLLECTIONS YARD WASTE SERVICE 21,026.60SOLID WASTE DISPOSAL YARD WASTE SERVICE 64,115.10 1,763.00ADVANCED ENG & ENVIRONMENTAL SRVCS INC WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 1,763.00 52.00AIR RITE INSPECTIONS G & A MECHANICAL 52.00 44.00AIR-IT INDOOR COMFORT INSPECTIONS G & A MECHANICAL 44.00 8,221.00AIRWATCH LLC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 2 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 8,221.00 294.63ALL AMERICAN TITLE CO INC WATER UTILITY G&A GENERAL CUSTOMERS 294.63 20,349.00ALL ENERGY SOLAR MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 20,349.00 47.13ALL SEASONS BUILDING CO INSPECTIONS G & A BUILDING 47.13 1.00ALLEX LAURIE INSPECTIONS G & A DUE TO OTHER GOVTS 55.00INSPECTIONS G & A PLUMBING 56.00 51.00ALLISON JESSE SOFTBALL OTHER CONTRACTUAL SERVICES 51.00 2,642.39ALLSTREAMIT G & A TELEPHONE 2,642.39 900.00AMERICAN LEAK DETECTION AQUATIC PARK BUDGET OTHER CONTRACTUAL SERVICES 900.00 3,556.00AMERICAN WATER WORKS ASSOC WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS 3,556.00 159.23ANDERSEN, JENS OPERATIONS SEMINARS/CONFERENCES/PRESENTAT 159.23 3,969.20AP HOCKEY ICE RENTAL RENT REVENUE 3,969.20 575.00ARCTECHNOLOGY REPLACEMENT EQUIPMENT MTCE SERVICE 575.00 16,324.45ASPEN EQUIPMENT CO GENERAL FUND BALANCE SHEET INVENTORY 1,250.00-EQUIP/VEHICLE REPLACEMENT SALE OF SALVAGE 15,074.45 803.35ASPEN MILLS OPERATIONS UNIFORMS City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 3 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 3Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 35.00OPERATIONSPROTECTIVE CLOTHING 47.96OPERATIONSEMERGENCY PREPAREDNESS 886.31 88.81ASSOCIATED BANK POLICE G & A OTHER CONTRACTUAL SERVICES 88.81 81.12AT&T MOBILITY CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 81.12 1,710.00ATIR ELECTRIC CORPORATION FACILITIES MCTE G & A BUILDING MTCE SERVICE 1,963.64MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 3,673.64 625.00ATOMPOLICE G & A TRAINING 625.00 99.87ATOMIC RECYCLING FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SERVICE 99.88PUBLIC WORKS OPS G & A CLEANING/WASTE REMOVAL SERVICE 99.88WATER UTILITY G&A CLEANING/WASTE REMOVAL SERVICE 99.87VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICE 399.50 385.00AYINDE ADENIYI SOCCER OTHER CONTRACTUAL SERVICES 385.00 5,417.20BADGER METER INC WATER UTILITY G&A GENERAL SUPPLIES 5,417.20 137.64BARKER, BOB COMPANY POLICE G & A JAIL SUPPLIES 137.64 1,260.00BARNA, GUZY & STEFFEN LTD HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 1,260.00 4,890.00BARR ENGINEERING CO STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 4,890.00 1,600.00BARTON SAND & GRAVEL CO WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,600.00 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 4 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 4Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 1,151.67BARTON, KAREN HUMAN RESOURCES RECRUITMENT 1,151.67 84.95BATTERIES + BULBS WATER UTILITY G&A GENERAL SUPPLIES 84.95 23.08BECKER MATTHEW WATER UTILITY G&A GENERAL CUSTOMERS 23.08 930.00BELLPRO ARCHITECTURAL LLC RECREATION OUTDOOR CENTER OPERATIONAL SUPPLIES 930.00 41,830.00BERGERSON CASWELL INC WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 41,830.00 40.53BERNHAGEN, JACOB WATER UTILITY G&A GENERAL CUSTOMERS 40.53 1.25BIG DAFFY'S PLUMBING INSPECTIONS G & A DUE TO OTHER GOVTS 98.75INSPECTIONS G & A PLUMBING 100.00 200.00BLACKWELL JEFFREY GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 200.00 86.02BLOOMINGTON, CITY OF REILLY BUDGET OTHER CONTRACTUAL SERVICES 86.02 71.08BLOYER, SUSAN REFORESTATION FUND OTHER CONTRACTUAL SERVICES 71.08 80.40BOETTCHER, ANN INSPECTIONS G & A GENERAL SUPPLIES 80.40 855.36BOHN WELDING INC AQUATIC PARK BUDGET EQUIPMENT PARTS 855.36 3,270.00BOLTON & MENK INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 3,270.00 3,233.87BOUND TREE MEDICAL, LLC OPERATIONS OPERATIONAL SUPPLIES City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 5 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 5Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 3,233.87 1,290.50BRAUN INTERTEC CORPORATION STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 1,290.50 280.00BREDEMUS HARDWARE COMPANY INC PARK BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES 280.00 935.00BRO TEX INC WATER UTILITY G&A GENERAL SUPPLIES 935.00 42.83BROWNELLS, INC ERU OPERATIONAL SUPPLIES 42.83 2,043.43BRYAN ROCK PRODUCTS INC STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 2,043.43 39.50BUDGET SIGN & GRAPHICS POLICE G & A GENERAL SUPPLIES 39.50 837.40BUSINESS ESSENTIALS COMM & MARKETING G & A OFFICE SUPPLIES 837.40 69,443.04-C & L EXCAVATING INC STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE 1,388,860.86CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 1,319,417.82 3,800.00CARTEGRAPH SYSTEMS INC PUBLIC WORKS G & A GENERAL PROFESSIONAL SERVICES 3,800.00TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 7,600.00 150.00CBBURNETINSPECTIONS G & A CERTIFICATE OF COMPLIANCE 150.00 596.27CDW GOVERNMENT INC IT G & A OFFICE EQUIPMENT 6,653.05TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 7,249.32 670.50CENTERPOINT ENERGY FACILITY OPERATIONS HEATING GAS 999.11WATER UTILITY G&A HEATING GAS 29.50REILLY G & A HEATING GAS City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 6 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 6Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 158.64SEWER UTILITY G&A HEATING GAS 324.53PARK MAINTENANCE G & A HEATING GAS 22.22WESTWOOD G & A HEATING GAS 40.09NATURALIST PROGRAMMER HEATING GAS 2,244.59 10,820.00CENTRAL PENSION FUND EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENT 10,820.00 13,723.20CENTURY LINK E-911 PROGRAM OTHER CONTRACTUAL SERVICES 261.60CELLPHONES, IPADS, ETC.TELEPHONE 13,984.80 500.00CFS INSPECTIONS OPERATIONS EQUIPMENT MTCE SERVICE 500.00 229.50CHURCHILL, LEE SOFTBALL OTHER CONTRACTUAL SERVICES 229.50 575.00CHUXWATER UTILITY G&A OPERATIONAL SUPPLIES 575.00 750.00CI UTILITIES TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 750.00 117.68CINTAS CORPORATION FACILITIES MCTE G & A OPERATIONAL SUPPLIES 168.17FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 136.86AQUATIC PARK BUDGET CONCESSION SUPPLIES 289.63VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 712.34 29,300.00CITIES DIGITAL TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 29,300.00 2,468.48CITIZENS INDEPENDENT BANK GENERAL FUND BALANCE SHEET INVENTORY 52.87GENERAL FUND BALANCE SHEET CLEARING ACCOUNT 404.74ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT 414.69ADMINISTRATION G & A MEETING EXPENSE 18.65HUMAN RESOURCES GENERAL SUPPLIES 125.00HUMAN RESOURCES RECRUITMENT 678.75HUMAN RESOURCES RECOGNITION City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 7 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 7Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 50.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPS 935.08HUMAN RESOURCES TRAINING 1,798.06COMM & MARKETING G & A GENERAL PROFESSIONAL SERVICES 300.00IT G & A GENERAL SUPPLIES 138.88ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS 963.90FINANCE G & A SEMINARS/CONFERENCES/PRESENTAT 220.00COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPS 31.79COMM DEV PLANNING G & A TRAINING 656.22FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 10.72POLICE G & A OFFICE SUPPLIES 57.41POLICE G & A GENERAL SUPPLIES 383.37POLICE G & A OPERATIONAL SUPPLIES 56.85POLICE G & A COMPUTER SUPPLIES 87.33POLICE G & A POSTAGE 53.74POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS 893.00POLICE G & A TRAINING 802.78POLICE G & A SEMINARS/CONFERENCES/PRESENTAT 120.00POLICE G & A LICENSES 802.44NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIES 936.02POLICE GRANTS & E-911BUDGET OTHER CONTRACTUAL SERVICES 69.44OPERATIONSGENERAL SUPPLIES 1,138.69OPERATIONSOPERATIONAL SUPPLIES 954.87OPERATIONSSMALL TOOLS 631.96OPERATIONSUNIFORMS 333.85OPERATIONSTRAINING 4,170.35OPERATIONSSEMINARS/CONFERENCES/PRESENTAT 102.10INSPECTIONS G & A GENERAL SUPPLIES 193.44INSPECTIONS G & A TRAINING 120.50ENGINEERING G & A OFFICE SUPPLIES 1.59ENGINEERING G & A BANK CHARGES/CREDIT CD FEES 84.56TV PRODUCTION GENERAL SUPPLIES 44.00HOUSING REHAB G & A TRAINING 411.68PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 315.68WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 123.90SEWER UTILITY G&A SMALL TOOLS 560.37TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 94.13CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 109.85ORGANIZED REC G & A OFFICE SUPPLIES 39.73ORGANIZED REC G & A GENERAL SUPPLIES 2,948.10ORGANIZED REC G & A TRAINING 32.17SPECIAL EVENTS GENERAL SUPPLIES City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 8 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 8Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 1,573.80YOUTH PROGRAMS OPERATIONAL SUPPLIES 302.90PLAYGROUNDSGENERAL SUPPLIES 375.00PLAYGROUNDSOTHER CONTRACTUAL SERVICES 52.99DANCEGENERAL SUPPLIES 108.23PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 26.65NATURAL RESOURCES G & A OFFICE SUPPLIES 246.70NATURAL RESOURCES G & A SMALL TOOLS 1,762.99NATURAL RESOURCES G & A TRAINING 147.93TREE MAINTENANCE OTHER IMPROVEMENT SUPPLIES 526.98WESTWOOD G & A GENERAL SUPPLIES 17.49SUMMER CAMP GENERAL SUPPLIES 367.62REC CENTER BUILDING GENERAL SUPPLIES 160.70AQUATIC PARK BUDGET OPERATIONAL SUPPLIES 35.00LIFEGUARDINGGENERAL SUPPLIES 17.62CONCESSIONSCONCESSION SUPPLIES 39.95VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 10.99VEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPS 60.24BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIES 1,515.50RECREATION OUTDOOR CENTER OPERATIONAL SUPPLIES 33,291.01 174.95CLARKE LISA ASSESSING G & A MILEAGE-PERSONAL CAR 174.95 275.80COLE PAPERS FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SUPPLY 275.80 20,615.37COLICH & ASSOCIATES ADMINISTRATION G & A LEGAL SERVICES 20,615.37 230.80COLLINS ELECTRICAL CONSTRUCTION CO INSPECTIONS G & A ELECTRICAL 230.80 58.72COMCASTOPERATIONSEMERGENCY PREPAREDNESS 23.24OTHER CITY DEPARTMENTS OTHER CONTRACTUAL SERVICES 209.70WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 52.03REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 343.69 10,980.00COMLINK MIDWEST TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 10,980.00 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 9 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 9Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 2,022.91COMMERCIAL ASPHALT COMPANY PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 1,620.76WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 2,657.53PARK MAINTENANCE G & A LANDSCAPING MATERIALS 6,301.20 64.35COMMISSIONER OF TRANSPORTATION STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 64.35 200.00COMMUNITY WATER SOLUTIONS LLC.WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 200.00 8,422.36-CONCRETE IDEA INC STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE 168,447.25CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 160,024.89 98.73CONRAD, KEVIN NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 98.73 44.59CONSTRUCTION MATERIALS MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 44.59 10,530.00COVERALL OF THE TWIN CITIES FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 10,530.00 538.72CREATIVE PRODUCT SOURCING INC - DARE DARE PROGRAM OPERATIONAL SUPPLIES 538.72 681.78CREEKSIDE NEIGHBORHOOD ASSN NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 681.78 214.55CRONIN PAUL ICE RENTAL RENT REVENUE 214.55 235.00CROSKEY HOLLY INSPECTIONS G & A CERTIFICATE OF COMPLIANCE 235.00 1.00CROW RIVER PLUMBING & HEATING INSPECTIONS G & A DUE TO OTHER GOVTS 55.00INSPECTIONS G & A PLUMBING 56.00 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 10 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 10Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 285.20CROWN MARKING INC COMM & MARKETING G & A OFFICE SUPPLIES 285.20 2.29CUB FOODS POLICE G & A OFFICE SUPPLIES 669.04POLICE G & A JAIL SUPPLIES 671.33 1,114.01CUMMINS INC FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 1,477.24SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 1,643.88REC CENTER BUILDING EQUIPMENT MTCE SERVICE 4,235.13 87.86CUSTOM HOSE TECH INC GENERAL FUND BALANCE SHEET INVENTORY 90.00GENERAL REPAIR EQUIPMENT MTCE SERVICE 177.86 2,901.44CUSTOM PRODUCTS & SERVICES PAINTING OTHER CONTRACTUAL SERVICES 8.63SSD 1 G&A EQUIPMENT PARTS 417.00SSD 1 G&A OTHER CONTRACTUAL SERVICES 217.24SSD 2 G&A EQUIPMENT PARTS 2,230.00SSD 2 G&A OTHER CONTRACTUAL SERVICES 103.00SSD 3 G&A OTHER CONTRACTUAL SERVICES 162.00SSD #4 G&A OTHER CONTRACTUAL SERVICES 52.97SSD #5 G&A EQUIPMENT PARTS 1,230.00SSD #5 G&A OTHER CONTRACTUAL SERVICES 250.00SSD #6 G&A OTHER CONTRACTUAL SERVICES 384.00PARK GROUNDS MAINTENANCE OTHER CONTRACTUAL SERVICES 7,956.28 350.00DAHLEN EILEEN GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 350.00 2,921.97DALCO ENTERPRISES INC FACILITIES MCTE G & A CLEANING/WASTE REMOVAL SUPPLY 2,921.97 25.50DAVISON DAN SOFTBALL OTHER CONTRACTUAL SERVICES 25.50 2,190.00DAWN ENTERPRISES MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 2,190.00 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 11 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 11Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 513.26DEALER AUTOMOTIVE SERVICES INC GENERAL FUND BALANCE SHEET INVENTORY 513.26 29.00DELEGARD TOOL CO VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 29.00 98.91DELISLE CHANAH REFORESTATION FUND OTHER CONTRACTUAL SERVICES 98.91 341.55DEPARTMENT OF MOTOR VEHICLES GENERAL FUND BALANCE SHEET INVENTORY 341.55 7,250.29DEPT LABOR & INDUSTRY INSPECTIONS G & A DUE TO OTHER GOVTS 7,250.29 480.00DEROFACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES 1,098.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 1,578.00 173.55DISCOUNT STEEL INC ROUTINE MAINTENANCE EQUIPMENT PARTS 624.77VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 798.32 3,226.11DJ ELECTRIC SERVICES INC REC CENTER BUILDING GENERAL SUPPLIES 3,226.11 5,724.24DO-GOOD.BIZ INC COMM & MARKETING G & A POSTAGE 2,542.95COMM & MARKETING G & A PRINTING & PUBLISHING 8,267.19 91.87DONNELLY- HICKS JEAN & WILLIAM HICKS REFORESTATION FUND OTHER CONTRACTUAL SERVICES 91.87 54.00DRYWALL SUPPLY INC MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 54.00 575.75ECM PUBLISHERS INC ADMINISTRATION G & A LEGAL NOTICES 575.75 1,827.04EGAN COMPANIES INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,827.04 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 12 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 12Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 50.95EGGUM ANDREW WATER UTILITY G&A GENERAL CUSTOMERS 50.95 164.00ELDER-JONES BUILDING PERMIT SERVICES INC INSPECTIONS G & A BUILDING 164.00 200.00ELECTRIC PUMP INC PARK EQUIPMENT MAINTENANCE OTHER CONTRACTUAL SERVICES 200.00 133.99ELIOT VIEW NEIGHBORHOOD ASSN NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 133.99 35.92ELLANSON, LUKE ERU OPERATIONAL SUPPLIES 35.92 12,933.81EMERGENCY AUTOMOTIVE TECHNOLOGIES INC GENERAL FUND BALANCE SHEET INVENTORY 12,933.81 175.00ENCORE BROKERS IT G & A EQUIPMENT MTCE SERVICE 175.00 4,144.56ENTERPRISE FM TRUST EQUIP/VEHICLE REPLACEMENT RENTAL EQUIPMENT 4,144.56 504.00EROSION WORKS CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 504.00 3,389.00ESP INC REC CENTER BUILDING MAINTENANCE 3,389.00 140.43EVIDENT INC POLICE G & A OPERATIONAL SUPPLIES 140.43 139.62EXPRESSIMAGESOLID WASTE G&A PRINTING & PUBLISHING 139.62 1,056.89FACTORY MOTOR PARTS CO GENERAL FUND BALANCE SHEET INVENTORY 1,056.89 510.00FADDEN DEREK SOFTBALL OTHER CONTRACTUAL SERVICES City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 13 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 13Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 510.00 216.00FARBER SOUND LLC REC CENTER BUILDING GENERAL SUPPLIES 216.00 6.19FASTENAL COMPANY GENERAL FUND BALANCE SHEET INVENTORY 2.00WATER UTILITY G&A SMALL TOOLS 183.69SEWER UTILITY G&A SMALL TOOLS 45.30PARK MAINTENANCE G & A GENERAL SUPPLIES 19.10PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES 22.66WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES 27.03REC CENTER BUILDING GENERAL SUPPLIES 305.97 82,121.04FERGUSON WATERWORKS WATER UTILITY BALANCE SHEET RETAINED PERCENTAGE 46.72WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 82,167.76 123.48FERRELLGASREC CENTER BUILDING MOTOR FUELS 123.48 160.00FIRST ADVANTAGE HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 160.00 200.00FLEX COMPENSATION INC EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICES 200.00 2,946.00FORTERRA PIPE & PRECAST WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 2,946.00 150.00FRANCIS, ERICK STORM WATER UTILITY G&A OPERATIONAL SUPPLIES 150.00 26.16FRATTALONE'S/ST. LOUIS PARK VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 26.16 52.50FREMDER, MARK CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 52.50 8,251.97GALLS, LLC - DBA UNIFORMS UNLIMITED POLICE G & A OPERATIONAL SUPPLIES 22,983.60POLICE G & A POLICE EQUIPMENT City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 14 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 14Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 15,000.00POLICE GRANTS & E-911BUDGET POLICE EQUIPMENT COMMUNICATIONS/GV REIMBURSEABL OPERATIONAL SUPPLIES 46,235.57 179.26GAME TIME PLAYGROUND EQUIPMENT MAINTENAN OTHER CONTRACTUAL SERVICES 179.26 7,237.50GARY L FISCHLER & ASSOCIATES PA HUMAN RESOURCES RECRUITMENT 7,237.50 3,173.50GEAR WASH LLC OPERATIONS EQUIPMENT MTCE SERVICE 3,173.50 4,065.75GERTENSPARK IMPROVE CAPITAL PROJECT LAND 4,065.75 18,023.03-GL CONTRACTING INC STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE 360,460.55CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 342,437.52 6,527.00GOODPOINTE TECHNOLOGY INC PAVEMENT MANAGEMENT G&A GENERAL PROFESSIONAL SERVICES 6,527.00 970.65GOPHER STATE ONE-CALL INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 970.65 441.00GRAFIX SHOPPE UNINSURED LOSS G&A UNINSURED LOSS 441.00 110.00GRAGE, ANDREA NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 110.00 299.28GRAINGER INC, WW GENERAL FUND BALANCE SHEET INVENTORY 402.27FACILITIES MCTE G & A GENERAL SUPPLIES 394.08MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 1,095.63 1,918.99GREAT NORTHERN ENVIRONMENTAL SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,918.99 808.40GREEN HORIZONS WEED CONTROL OTHER CONTRACTUAL SERVICES City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 15 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 15Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 808.40 450.00GREGORY DARRIN OPERATIONS TRAINING 450.00 487.20GROUP HEALTH INC - WORKSITE EMPLOYEE FLEX SPEND G&A HEALTH INSURANCE 487.20 121.38GRYNIEWSKI MARK REFORESTATION FUND OTHER CONTRACTUAL SERVICES 121.38 460.24HACH CO WATER UTILITY G&A GENERAL SUPPLIES 460.24 2,000.00HARRINTON MARGARET M.ESCROWS PMC ESCROW 2,000.00 3,007.50HAWKINS INC WATER UTILITY G&A OPERATIONAL SUPPLIES 836.20AQUATIC PARK BUDGET OPERATIONAL SUPPLIES 3,843.70 495.00HEALTHPARTNERSHUMAN RESOURCES GENERAL PROFESSIONAL SERVICES 891.00HUMAN RESOURCES RECRUITMENT 107.00OPERATIONSHEALTH & WELLNESS 1,493.00 352.00HEDBERG AGGREGATES INC STORM WATER UTILITY G&A EQUIPMENT PARTS 352.00 51.00HENDERSON, TRACY SOFTBALL OTHER CONTRACTUAL SERVICES 51.00 100.00HENNEPIN COUNTY FIRE CHIEFS ASSOC OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS 100.00 2,568.00HENNEPIN COUNTY MEDICAL CENTER OPERATIONS TRAINING 2,568.00 65.50HENNEPIN COUNTY RESIDENT & REAL ESTATE ASSESSING G & A OTHER CONTRACTUAL SERVICES 65.50 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 16 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 16Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 51.00HENNEPIN COUNTY TREASURER IT G & A COMPUTER SERVICES 2,496.86POLICE G & A EQUIPMENT MTCE SERVICE 5,637.19POLICE G & A JAIL/DETENTION SERVICES 2,134.72OPERATIONSRADIO COMMUNICATIONS 569.20PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICE 10,888.97 4,264.01HENRICKSENFACILITIES MCTE G & A OTHER 4,264.01 950.40HIRSHFIELD"S PAINT MFG INC PARK GROUNDS MAINTENANCE GENERAL SUPPLIES 950.40 196.68HIRSHFIELDSMUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 196.68 50.85HOLL JERRY OPERATIONS TRAINING 50.85 184.76HOME DEPOT CREDIT SERVICES FACILITIES MCTE G & A GENERAL SUPPLIES 135.88PATCHING-PERMANENT SMALL TOOLS 17.94ROUTINE MAINTENANCE OPERATIONAL SUPPLIES 11.97RELAMPINGOTHER IMPROVEMENT SUPPLIES 791.30WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 235.90MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 8.21PARK MAINTENANCE G & A GENERAL SUPPLIES 8.34PARK MAINTENANCE G & A OTHER IMPROVEMENT SUPPLIES 8.64IRRIGATION MAINTENANCE GENERAL SUPPLIES 74.82PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 79.60BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIES 64.59REC CENTER BUILDING GENERAL SUPPLIES 1,621.95 157.58HOME DEPOT CREDIT SRVCS UNINSURED LOSS G&A UNINSURED LOSS 157.58 109.97HOTSY OF MN BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIES 109.97 600.00HOWES, JENNIFER VOLLEYBALL OTHER CONTRACTUAL SERVICES 600.00 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 17 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 17Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 1,630.00I.U.O.E. LOCAL NO 49 EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES 1,630.00 19.00IATNVEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPS 19.00 395.00ICE SKATING INST INSTRUCTIONAL SKATING LESSONS SUBSCRIPTIONS/MEMBERSHIPS 395.00 1,330.67IMPACT PROVEN SOLUTIONS WATER UTILITY G&A POSTAGE 1,330.67SEWER UTILITY G&A POSTAGE 1,330.67SOLID WASTE G&A POSTAGE 1,330.66STORM WATER UTILITY G&A POSTAGE 5,322.67 243.89INDELCOWATER UTILITY G&A EQUIPMENT MTCE SERVICE 243.89 310.00INDEPENDENT BLACK DIRT CO PARK GROUNDS MAINTENANCE LANDSCAPING MATERIALS 310.00 303.11INVER GROVE FORD GENERAL FUND BALANCE SHEET INVENTORY 1,507.81UNINSURED LOSS G&A UNINSURED LOSS 1,810.92 90.00J & F REDDY RENTS WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 90.00 97.19-J. H. LARSON CO.FACILITIES MCTE G & A GENERAL SUPPLIES 411.60WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,183.93SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,498.34 3,500.00J.P SCHMITZ CONSTRUCTION CO LLC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 3,500.00 169.55JEFFERSON FIRE & SAFETY INC OPERATIONS PROTECTIVE CLOTHING 169.55 2.69JERRY'S HARDWARE SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 18 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 18Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 5.84WATER UTILITY G&A EQUIPMENT PARTS 28.14SEWER UTILITY G&A EQUIPMENT PARTS 40.05PARK MAINTENANCE G & A GENERAL SUPPLIES 31.26PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES 107.98 155.00JESSEN PRESS INC COMM & MARKETING G & A PRINTING & PUBLISHING 155.00 30.00JOBS FOUNDATION/TECH DUMP SOLID WASTE COLLECTIONS OTHER CONTRACTUAL SERVICES 30.00 5.34JOHNSON BJORG WATER UTILITY G&A GENERAL CUSTOMERS 5.34 561.00JOHNSON III JAMES KICKBALL OTHER CONTRACTUAL SERVICES 306.00SOFTBALLOTHER CONTRACTUAL SERVICES 867.00 500.00JOHNSON, SUSAN KICKBALL OTHER CONTRACTUAL SERVICES 500.00 59.15KELBER ROBERT WATER UTILITY G&A GENERAL CUSTOMERS 59.15 503.08KELLER, JASMINE Z EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS 503.08 500.00KIEFER CHUCK GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 500.00 3,554.49KILLMER ELECTRIC CO INC SYSTEM REPAIR OTHER CONTRACTUAL SERVICES 3,554.49 6,015.00KIMLEY-HORN AND ASSOCIATES, INC ESCROWS GENERAL 59,717.83STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 65,732.83 10,350.00KIMTEK CORPORATION GENERAL FUND BALANCE SHEET INVENTORY 10,350.00 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 19 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 19Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 2,000.00KLEIN AVRAHAM ESCROWS PMC ESCROW 2,000.00 115.38KLEIST STEVE INSPECTIONS G & A BUILDING 115.38 2,600.00KLM ENGINEERING INC.WATER UTILITY G&A ENGINEERING SERVICES 2,600.00 100.89KNAPP STEPHEN REFORESTATION FUND OTHER CONTRACTUAL SERVICES 100.89 357.00KNUTSON BRAD SOFTBALL OTHER CONTRACTUAL SERVICES 357.00 200.00KOMAR J GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 200.00 75.00KRAUSE MARK GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 75.00 1,353.16KRISS PREMIUM PRODUCTS INC REC CENTER BUILDING OPERATIONAL SUPPLIES 1,353.16 65.24LANGUAGE LINE SERVICES INC POLICE G & A OTHER CONTRACTUAL SERVICES 65.24 204.00LARKIN TERRENCE SOFTBALL OTHER CONTRACTUAL SERVICES 204.00 837.25LASER TECHNOLOGY INC POLICE G & A REPAIRS 837.25 2,674.05LAW ENFORCEMENT LABOR SERVICES INC EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES 2,674.05 29,720.00LEAGUE OF MN CITIES ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 29,720.00 12,582.75LEAGUE OF MN CITIES INSURANCE TRUST UNINSURED LOSS G&A UNINSURED LOSS 12,582.75 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 20 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 20Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 10.63LEE HENRY WATER UTILITY G&A GENERAL CUSTOMERS 10.63 350.00LEGACY CREATIVE IMAGES SPECIAL EVENTS OTHER CONTRACTUAL SERVICES 350.00 233.55LIBERTY ENVELOPE COMM & MARKETING G & A OFFICE SUPPLIES 233.55 299.25LIBERTY TIRE SERVICES LLC VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICE 299.25 2,962.50LIGHTING PLASTICS OF MN INC DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES 2,962.50 95.65LINAADMINISTRATION G & A LIFE INSURANCE 70.35ADMINISTRATION G & A LONG TERM DISABILITY 115.07HUMAN RESOURCES LIFE INSURANCE 81.59HUMAN RESOURCES LONG TERM DISABILITY 62.90COMM & MARKETING G & A LIFE INSURANCE 42.91COMM & MARKETING G & A LONG TERM DISABILITY 18.69COMMUNITY OUTREACH G & A LIFE INSURANCE 12.75COMMUNITY OUTREACH G & A LONG TERM DISABILITY 146.34IT G & A LIFE INSURANCE 100.70IT G & A LONG TERM DISABILITY 123.03ASSESSING G & A LIFE INSURANCE 83.99ASSESSING G & A LONG TERM DISABILITY 160.58FINANCE G & A LIFE INSURANCE 109.45FINANCE G & A LONG TERM DISABILITY 353.35COMM DEV G & A LIFE INSURANCE 232.16COMM DEV G & A LONG TERM DISABILITY 85.10FACILITIES MCTE G & A LIFE INSURANCE 57.90FACILITIES MCTE G & A LONG TERM DISABILITY 1,377.88POLICE G & A LIFE INSURANCE 940.99POLICE G & A LONG TERM DISABILITY 126.36COMMUNICATIONS/GV REIMBURSEABL LIFE INSURANCE 85.77COMMUNICATIONS/GV REIMBURSEABL LONG TERM DISABILITY 657.68OPERATIONSLIFE INSURANCE 449.90OPERATIONSLONG TERM DISABILITY 392.39INSPECTIONS G & A LIFE INSURANCE City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 21 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 21Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 292.95INSPECTIONS G & A LONG TERM DISABILITY 139.68PUBLIC WORKS G & A LIFE INSURANCE 81.18PUBLIC WORKS G & A LONG TERM DISABILITY 307.84ENGINEERING G & A LIFE INSURANCE 215.90ENGINEERING G & A LONG TERM DISABILITY 253.27PUBLIC WORKS OPS G & A LIFE INSURANCE 183.73PUBLIC WORKS OPS G & A LONG TERM DISABILITY 75.48CABLE TV G & A LIFE INSURANCE 45.71CABLE TV G & A LONG TERM DISABILITY 27.38HOUSING REHAB G & A LIFE INSURANCE 18.64HOUSING REHAB G & A LONG TERM DISABILITY 152.07WATER UTILITY G&A LIFE INSURANCE 103.62WATER UTILITY G&A LONG TERM DISABILITY 83.25SEWER UTILITY G&A LIFE INSURANCE 67.78SEWER UTILITY G&A LONG TERM DISABILITY 33.49SOLID WASTE G&A LIFE INSURANCE 22.79SOLID WASTE G&A LONG TERM DISABILITY 22.02ENVIRONMENT & SUSTAINABILITY LIFE INSURANCE 14.96ENVIRONMENT & SUSTAINABILITY LONG TERM DISABILITY 85.84STORM WATER UTILITY G&A LIFE INSURANCE 47.65STORM WATER UTILITY G&A LONG TERM DISABILITY 8,745.22EMPLOYEE FLEX SPEND G&A LIFE INSURANCE 171.13ORGANIZED REC G & A LIFE INSURANCE 120.17ORGANIZED REC G & A LONG TERM DISABILITY 217.93PARK MAINTENANCE G & A LIFE INSURANCE 137.33PARK MAINTENANCE G & A LONG TERM DISABILITY 27.75NATURAL RESOURCES G & A LIFE INSURANCE 18.96NATURAL RESOURCES G & A LONG TERM DISABILITY 86.21WESTWOOD G & A LIFE INSURANCE 52.18WESTWOOD G & A LONG TERM DISABILITY 132.28REC CTR DIV NON DPT BUDGET LIFE INSURANCE 90.09REC CENTER SALARIES LONG TERM DISABILITY 107.12VEHICLE MAINTENANCE G&A LIFE INSURANCE 80.17VEHICLE MAINTENANCE G&A LONG TERM DISABILITY 18,245.25 1,674.95LINKEDIN CORPORATION IT G & A TRAINING 1,674.95 179.89LINKLETTER JAN WATER UTILITY G&A GENERAL CUSTOMERS 179.89 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 22 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 22Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 468.00LOCKGUARD INC REC CENTER BUILDING MAINTENANCE 468.00 10,697.90LOCKRIDGE GRINDAL NAUEN PLLP REILLY G & A LEGAL SERVICES 10,697.90 1,012.03LOFFLER COMPANIES IT G & A OFFICE EQUIPMENT 109.50POLICE G & A OFFICE SUPPLIES 1,121.53 35,870.00LOGISIT G & A COMPUTER SERVICES 13,673.75TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 49,543.75 102.18LOMBARDI, JIM ORGANIZED REC G & A MILEAGE-PERSONAL CAR 102.18 3,103.65LOOKOUT BAR & GRILL HUMAN RESOURCES RECOGNITION 3,103.65 225.00LOON ARCHITECTS MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES 225.00 750.00LOPEZ RODRIGO & EMILY TUBMAN ESCROWS PMC ESCROW 750.00 .15LOWINGER JOSEPH INSPECTIONS G & A DUE TO OTHER GOVTS 55.00INSPECTIONS G & A BUILDING 55.15 1,064.00LYNCH CAMPS, INC SAFETY CAMPS OTHER CONTRACTUAL SERVICES 1,064.00 353.08MACQUEEN EQUIP CO SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 353.08 252.00MANAGED SERVICES INC WATER UTILITY G&A BUILDING MTCE SERVICE 252.00 22,749.42MANSFIELD OIL COMPANY GENERAL FUND BALANCE SHEET INVENTORY City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 23 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 23Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 22,749.42 1,571.00MASTER TECHNOLOGY GROUP TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 1,571.00 5,858.88MAVO SYSTEMS MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 5,858.88 9,899.22-MCCROSSAN INC, C S STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE 197,984.50CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 188,085.28 1,176.19MCHUGH, JOHN T CABLE TV G & A SEMINARS/CONFERENCES/PRESENTAT 1,176.19 25.50MECHTEL BOB SOFTBALL OTHER CONTRACTUAL SERVICES 25.50 67.84MENARDSPUBLIC WORKS OPS G & A GENERAL SUPPLIES 7.72ROUTINE MAINTENANCE OPERATIONAL SUPPLIES 26.99SYSTEM REPAIR SMALL TOOLS 132.08WATER UTILITY G&A GENERAL SUPPLIES 179.22REILLY BUDGET GENERAL SUPPLIES 131.34UNINSURED LOSS G&A UNINSURED LOSS 87.12PARK MAINTENANCE G & A OTHER IMPROVEMENT SUPPLIES 46.34-IRRIGATION MAINTENANCE GENERAL SUPPLIES 96.34WESTWOOD G & A GENERAL SUPPLIES 682.31 310.40MERKLEY, SCOTT PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT 310.40 3,195.64METRON- FARNIER, LLC WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 3,195.64 110,706.75METROPOLITAN COUNCIL INSPECTIONS G & A DUE TO OTHER GOVTS 355,300.85OPERATIONSCLEANING/WASTE REMOVAL SERVICE 466,007.60 77.11MEYER DAN POLICE G & A BLDG/STRUCTURE SUPPLIES 77.11 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 24 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 24Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 39.39MICRO CENTER CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 39.39 112.39MIDWEST BADGE & NOVELTY CO POLICE G & A GENERAL SUPPLIES 112.39 1,335.60MINNEAPOLIS FINANCE DEPT PAWN FEES OTHER CONTRACTUAL SERVICES 1,335.60 50.00MINNESOTA BUREAU CRIMINAL APPREHENSION CLERICAL TRAINING 50.00 551.17MINNESOTA CHILD SUPPORT PYT CTR EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS 551.17 64.00MINNESOTA DEPARTMENT OF HEALTH WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT 64.00 21,558.00MINNESOTA DEPT HEALTH WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 50.00REILLY BUDGET LICENSES 21,608.00 20,290.10MINNESOTA EQUIPMENT GENERAL FUND BALANCE SHEET INVENTORY 55.78ROUTINE MAINTENANCE EQUIPMENT PARTS 20,345.88 1,147.46MINNESOTA PIPE & EQUIPMENT WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,147.46 170.00MINUTEMAN PRESS COMM & MARKETING G & A OFFICE SUPPLIES 170.00 1,024.00MINVALCO INC WATER UTILITY G&A OPERATIONAL SUPPLIES 1,024.00 115.00MITCHELL SEAN OPERATIONS TRAINING 115.00 200.00MN FALL MAINTENANCE EXPO PUBLIC WORKS OPS G & A SEMINARS/CONFERENCES/PRESENTAT 200.00 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 25 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 25Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 265.00MN FIRE SERVICE CERTIFICATION BOARD OPERATIONS TRAINING 265.00 160.00MNAPA ADMINISTRATORS COMM DEV PLANNING G & A TRAINING 160.00 6,446.24MORRIE'S PARTS & SERVICE GROUP GRANTS SOIL REMEDIATION 6,446.24 122.29MOSHER, NINA DON REFORESTATION FUND OTHER CONTRACTUAL SERVICES 122.29 1,735.00MRPAORGANIZED REC G & A TRAINING 370.00SOFTBALLOTHER CONTRACTUAL SERVICES 2,105.00 170.00MRPFORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPS 170.00 421.20MSC INDUSTRIAL SUPPLY CO.GENERAL FUND BALANCE SHEET INVENTORY 88.70GENERAL REPAIR GENERAL SUPPLIES 509.90 132.71MT OLIVET LUTHERN CHURCH ENDOWMENT WATER UTILITY G&A GENERAL CUSTOMERS 132.71 845.97MTI DISTRIBUTING CO GENERAL FUND BALANCE SHEET INVENTORY 845.97 434.79MYERS TIRE SUPPLY CO PREVENTATIVE MAINTENANCE SMALL TOOLS 434.79 980.98NAPA (GENUINE PARTS CO)GENERAL FUND BALANCE SHEET INVENTORY 47.11WATER UTILITY G&A EQUIPMENT PARTS 257.64VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 326.61VEHICLE MAINTENANCE G&A SMALL TOOLS 1,612.34 379.40ND CHILD SUPPORT DIVISION EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS 379.40 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 26 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 26Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 56.00NEW HORIZON ACADEMY PLYMOUTH GROUP ADMISSION PROGRAM REVENUE 56.00 160.51NORTHERN POWER PRODUCTS INC GENERAL FUND BALANCE SHEET INVENTORY 160.51 368.88NORTHERN SAFETY TECHNOLOGY INC GENERAL FUND BALANCE SHEET INVENTORY 368.88 2,097.86NORTHLAND MECHANICAL CONTRACTORS INC FACILITIES MCTE G & A BUILDING MTCE SERVICE 459.16SSD #4 G&A OTHER CONTRACTUAL SERVICES 2,557.02 25.00NORTHSTAR CHAPTER HUMAN RESOURCES SEMINARS/CONFERENCES/PRESENTAT 25.00 652.21OAK KNOLL ANIMAL HOSPITAL POLICE G & A OTHER CONTRACTUAL SERVICES 652.21 500.00OCHS MARINA ESCROWS PMC ESCROW 500.00 31.17OFFICE DEPOT ADMINISTRATION G & A OFFICE SUPPLIES 26.52HUMAN RESOURCES OFFICE SUPPLIES 340.99HUMAN RESOURCES RECOGNITION 165.17COMM & MARKETING G & A PRINTING & PUBLISHING 171.07FINANCE G & A OFFICE SUPPLIES 53.72GENERAL INFORMATION OFFICE SUPPLIES 176.60POLICE G & A OFFICE SUPPLIES 49.72POLICE G & A OPERATIONAL SUPPLIES 89.58POLICE G & A COMPUTER SUPPLIES 639.01POLICE G & A OFFICE EQUIPMENT 159.98OPERATIONSOFFICE SUPPLIES 121.78INSPECTIONS G & A GENERAL SUPPLIES 13.49HOUSING REHAB G & A OFFICE SUPPLIES 19.99ORGANIZED REC G & A GENERAL SUPPLIES 45.84ORGANIZED REC G & A CONCESSION SUPPLIES 2,104.63 1,974.75OFFICE TEAM HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 27 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 27Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 1,562.50COMM & MARKETING G & A GENERAL PROFESSIONAL SERVICES 2,990.43PUBLIC WORKS G & A OTHER CONTRACTUAL SERVICES 6,527.68 13,095.00OLS RESTORATION INC PAINTING OTHER CONTRACTUAL SERVICES 13,095.00 87.84OLSEN CHAIN & CABLE CO INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 82.90GENERAL REPAIR GENERAL SUPPLIES 170.74 288.00ON SITE SANITATION SPECIAL EVENTS OTHER CONTRACTUAL SERVICES 288.00 33.76OSEI ASTEIN WATER UTILITY G&A GENERAL CUSTOMERS 33.76 149.17OXYGEN SERVICE COMPANY INC OPERATIONS OPERATIONAL SUPPLIES 149.17 716.00PACE ANALYTICAL SERVICES INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 615.00REILLY BUDGET OTHER CONTRACTUAL SERVICES 358.00STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 1,689.00 1,250.00PARK TAVERN SHOWMOBILE RENT REVENUE 1,250.00 50,878.93PARKWAY 25 LLC GRANTS SOIL REMEDIATION 50,878.93 360.00PATRIOT 2000 INC WATER UTILITY G&A EQUIPMENT PARTS 360.00 500.00PERNSTEINER CREATIVE GROUP INC PUBLIC WORKS OPS G & A ADVERTISING 525.00WATER UTILITY G&A ADVERTISING 850.00SOLID WASTE G&A ADVERTISING 1,875.00 31,526.32-PETERSON COMPANIES INC STORM WATER UTILITY BAL SHEET RETAINED PERCENTAGE 630,526.36STORM WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 28 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 28Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 599,000.04 8.54PETTY CASH POLICE G & A OPERATIONAL SUPPLIES 19.30POLICE G & A COMPUTER SUPPLIES 20.00POLICE G & A TRAVEL/MEETINGS 20.00POLICE G & A LICENSES 67.84 6.96PETTY CASH - WWNC PLAYGROUNDS MILEAGE-PERSONAL CAR 73.41WESTWOOD G & A GENERAL SUPPLIES 14.85FAMILY PROGRAMS GENERAL SUPPLIES 95.22 3,573.62PFM ASSET MANAGEMENT CITY POOLED INVESTMENTS BANK CHARGES/CREDIT CD FEES 3,573.62 182.37PHAM, STEPHANIE NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 182.37 6.32PIRTEK PLYMOUTH GENERAL FUND BALANCE SHEET INVENTORY 6.32 13,189.90PLANT & FLANGED EQUIPMENT WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,329.88SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 14,519.78 1,307.56POMP'S TIRE SERVICE INC GENERAL FUND BALANCE SHEET INVENTORY 1,307.56 910.00POSTMASTERCOMM & MARKETING G & A POSTAGE 910.00 800.00PRAIRIE RESTORATIONS INC INVASIVE PLANT MGMT/RESTORATIO OTHER CONTRACTUAL SERVICES 800.00 208.28PRECISE MRM LLC PUBLIC WORKS OPS G & A MACHINERY & AUTO EQUIPMENT 208.28WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT 208.28SEWER UTILITY G&A MACHINERY & AUTO EQUIPMENT 208.28STORM WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT 833.12 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 29 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 29Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 300.00PRECISION AUTO UPHOLSTERY INC.ROUTINE MAINTENANCE EQUIPMENT PARTS 300.00 51.99PREMIUM WATERS INC OPERATIONS OPERATIONAL SUPPLIES 51.99 75.00PRICE CANDICE GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES 75.00 29,209.00QUALITY FLOW SYSTEMS INC SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 29,209.00 40.12QUICKSILVER EXPRESS COURIER VEHICLE MAINTENANCE G&A POSTAGE 40.12 14,915.00R & H PAINTING SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 14,915.00 35,908.25RAINBOW TREECARE TREE MAINTENANCE CLEANING/WASTE REMOVAL SERVICE 82.80BEAUTIFICATION / FLOWERS OTHER CONTRACTUAL SERVICES 35,991.05 1,280.00RAM/SWANA SOLID WASTE G&A SEMINARS/CONFERENCES/PRESENTAT 1,280.00 3,384.13RANDY'S ENVIORMENTAL SERVICES FACILITIES MCTE G & A GARBAGE/REFUSE SERVICE 565.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 543.56PLAYGROUND EQUIPMENT MAINTENAN OTHER CONTRACTUAL SERVICES 233.27GRANTSOTHER CONTRACTUAL SERVICES 1,618.40REC CENTER BUILDING GARBAGE/REFUSE SERVICE 6,344.36 9,178.00READY WATT ELECTRIC EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENT 9,178.00 179.99RED WING SHOE STORE WATER UTILITY G&A OPERATIONAL SUPPLIES 179.99 30.91REGENCY BUSINESS SOLUTIONS POLICE G & A OFFICE SUPPLIES 30.91 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 30 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 30Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 124.03REUVERS, TERRY PROSECUTION OTHER CONTRACTUAL SERVICES 124.03 4,548.28RICOH USA INC IT G & A EQUIPMENT MTCE SERVICE 4,548.28 54.97RIGID HITCH INC GENERAL FUND BALANCE SHEET INVENTORY 54.97 2,356.04ROBERTS JOHN COMM & MARKETING G & A PRINTING & PUBLISHING 2,356.04 295.00ROTARY CLUB OF SLP ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS 295.00 4,389.00SAFE LIFE DEFENSE EQUIP/VEHICLE REPLACEMENT MACHINERY & AUTO EQUIPMENT 4,389.00 17.05SAM'S CLUB POLICE G & A OFFICE SUPPLIES 11.98POLICE G & A JAIL SUPPLIES 69.62NEIGHBORHOOD OUTREACH OPERATIONAL SUPPLIES 16.84OPERATIONSGENERAL SUPPLIES 167.88OPERATIONSFIRE PREVENTION SUPPLIES 173.37ORGANIZED REC G & A INTEREST/FINANCE CHARGES 226.28PLAYGROUNDSGENERAL SUPPLIES 4.42PARK MAINTENANCE G & A REFUNDS & REIMBURSEMENTS 184.77PARK MAINTENANCE G & A MEETING EXPENSE 1,220.25CONCESSIONSCONCESSION SUPPLIES 2,092.46 149.70SCHAAKE COMPANY, AJ HUMAN RESOURCES RECOGNITION 149.70 20.28SCHEPT ROBERT WATER UTILITY G&A GENERAL CUSTOMERS 20.28 36.83SCHERER BROS. LUMBER CO.PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 36.83 1,198.69SCHNEIDER, JENNIFER EMPLOYEE FLEX SPEND G&A TUITION 1,198.69 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 31 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 31Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 99.82SCOTT, LOIS THOMAS REFORESTATION FUND OTHER CONTRACTUAL SERVICES 99.82 14,951.97SEHSTREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 14,951.97 350.00SERVICE MASTER SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 350.00 105.00SETS DESIGN INC.POLICE G & A OPERATIONAL SUPPLIES 105.00 13.99SHRED-IT ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICES 12.95FINANCE G & A GENERAL PROFESSIONAL SERVICES 69.93POLICE G & A OTHER CONTRACTUAL SERVICES 96.87 42.00SIGN PRODUCERS INC FACILITIES MCTE G & A GENERAL SUPPLIES 42.00 177.00SIGNATURE MECHANICAL INC PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES 386.00AQUATIC PARK BUDGET MAINTENANCE 563.00 278.05SITEONE LANDSCAPE SUPPLY LLC IRRIGATION MAINTENANCE OTHER IMPROVEMENT SUPPLIES 278.05 108.25SKB ENVIRONMENTAL CLEANING/DEBRIS REMOVAL CLEANING/WASTE REMOVAL SUPPLY 108.25WATER UTILITY G&A CLEANING/WASTE REMOVAL SUPPLY 108.25PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES 324.75 1,794.93SLP FF ASSOC IAFF LOCAL #993 EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES 1,794.93 51.00SMITH, PERRY SOFTBALL OTHER CONTRACTUAL SERVICES 51.00 522.50SOUTHDALE YMCA SPORTS GROUP GROUP ADMISSION PROGRAM REVENUE 522.50 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 32 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 32Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 850.00SPACK CONSULTING STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 850.00 2,099.22SPRINTIT G & A DATACOMMUNICATIONS 120.00POLICE G & A OTHER CONTRACTUAL SERVICES 3,710.78CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 5,930.00 29.79SPS COMPANIES INC FACILITIES MCTE G & A GENERAL SUPPLIES 407.25PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 437.04 5,736.00SQUARERIGGER SOFTWARE TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 5,736.00 3,836.48SRF CONSULTING GROUP INC ESCROWS GENERAL 309.25STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 4,145.73 484.00ST CROIX RECREATION FUN PLAYGROUNDS INC PARK MAINTENANCE G & A OTHER IMPROVEMENT SUPPLIES 484.00 77,071.13ST LOUIS PARK CONV & VISITORS BUREAU CONVENTION & VISITORS BUREAU COST REIMBURSEMENT-CVB 77,071.13 449.20ST PAUL CITY OF PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 449.20 470.00STANLEY STEEMER CARPET REC CENTER BUILDING OTHER CONTRACTUAL SERVICES 470.00 357.00STEARNS, DAVID SOFTBALL OTHER CONTRACTUAL SERVICES 357.00 43.56STEINKRAUS PLUMBING INC INSPECTIONS G & A PLUMBING 43.56 41.90STEWART TITLE CO.WATER UTILITY G&A GENERAL CUSTOMERS 41.90 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 33 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 33Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 665.00STRAND MFG CO SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 665.00 40.14STREET FLEET ADMINISTRATION G & A POSTAGE 40.14 36.96SUBURBAN TIRE WHOLESALE GENERAL FUND BALANCE SHEET INVENTORY 36.96 28,486.51SUMMIT ENVIROSOLUTIONS INC REILLY BUDGET GENERAL PROFESSIONAL SERVICES 28,486.51 73.70SUMMIT FIRE PROTECTION OPERATIONS FIRE ALARM & SPRINKLER 73.70 136.16SWANTZ AUDREY ORGANIZED REC G & A MILEAGE-PERSONAL CAR 136.16 105.00SYKES ROGER SOCCER OTHER CONTRACTUAL SERVICES 105.00SOFTBALLOTHER CONTRACTUAL SERVICES 210.00 734.74SYSCO-MINNESOTA INC CONCESSIONS CONCESSION SUPPLIES 734.74 36.12TELELANGUAGE INC ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES 36.12 5,056.18TEMPLE DISPLAY LTD PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 5,056.18 33.57TERMINAL SUPPLY CO GENERAL REPAIR GENERAL SUPPLIES 33.57 30.00TEXA TONKA TAILORING OPERATIONS GENERAL PROFESSIONAL SERVICES 30.00 51.13THE SHERWINN WILLIAMS CO PARK EQUIPMENT MAINTENANCE BLDG/STRUCTURE SUPPLIES 51.13 1,020.00THOMPSON, JAMES SOFTBALL OTHER CONTRACTUAL SERVICES City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 34 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 34Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 1,020.00 208.47THOMPSON, LINDSEY NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES 208.47 276.41THOMSON REUTERS WEST PAYMENT CENTER POLICE G & A OTHER CONTRACTUAL SERVICES 276.41 584.00TIMESAVER OFF SITE SECRETARIAL ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES 584.00 4,334.02TKDAWATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 4,334.02 816.00T-MOBILE USA INC POLICE G & A OTHER CONTRACTUAL SERVICES 816.00 4,706.20TOWMASTERGENERAL REPAIR EQUIPMENT MTCE SERVICE 4,706.20 5,990.00TOWN & COUNTRY FENCE INC PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 5,990.00 600.00TRAFFIC CONTROL CORP SYSTEM REPAIR OTHER CONTRACTUAL SERVICES 600.00 8,248.75TRANSPORT GRAPHICS GENERAL FUND BALANCE SHEET INVENTORY 66.00OPERATIONSOPERATIONAL SUPPLIES 535.09OPERATIONSREPAIRS 8,849.84 8,155.00TREE TRUST BEAUTIFICATION / FLOWERS OTHER CONTRACTUAL SERVICES 2,500.00WESTWOOD G & A OTHER CONTRACTUAL SERVICES 10,655.00 51.12TRI STATE BOBCAT GENERAL FUND BALANCE SHEET INVENTORY 195.00ROUTINE MAINTENANCE EQUIPMENT PARTS 246.12 66.63TRI-STAR INC INSPECTIONS G & A BUILDING 66.63 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 35 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 35Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 297.00TWIN CITY GARAGE DOOR CO FACILITIES MCTE G & A BUILDING MTCE SERVICE 522.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 819.00 242.00TWINS BALLPARK HUMAN RESOURCES CITE 242.00 10,551.00UHL CO INC MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 10,551.00 200.00ULI-THE URBRAN LAND INSTITUTE COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPS 200.00 275.00UNITED STATES ICE RINK ASSOCIATION REC CENTER BUILDING SUBSCRIPTIONS/MEMBERSHIPS 275.00 106.00UNITED WAY OF MINNEAPOLIS AREA EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAY 106.00 11.27UPS STORE WATER UTILITY G&A OPERATIONAL SUPPLIES 71.31VEHICLE MAINTENANCE G&A POSTAGE 82.58 54.50US BANK POLICE G & A OTHER CONTRACTUAL SERVICES 54.50 909.00USA BLUE BOOK WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 909.00 63.13VAUGHAN, JIM NATURAL RESOURCES G & A MILEAGE-PERSONAL CAR 63.13 80.00VERIFIED CREDENTIALS HUMAN RESOURCES RECRUITMENT 80.00 13,699.50VERIZON WIRELESS CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 70.12CELLPHONES, IPADS, ETC.TELEPHONE 13,769.62 780.00VIKING INDUSTRIAL CTR WATER UTILITY G&A OPERATIONAL SUPPLIES City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 36 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 36Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 780.00 180.35VOIGT JUDY NATURAL RESOURCES G & A OFFICE SUPPLIES 180.35 8,362.10WACO COMPOSITES MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 8,362.10 918.00WARNING LITES OF MN INC WORK FOR OTHERS (DPT)OTHER IMPROVEMENT SUPPLIES 217.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 1,135.00 8,791.40WATER CONSERVATION SERVICE INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 8,791.40 155.62WATERMARK TITLE AGENCY WATER UTILITY G&A GENERAL CUSTOMERS 155.62 196.96WATSON CO INC CONCESSIONS CONCESSION SUPPLIES 196.96 97.81WAYTEKVEHICLE MAINTENANCE G&A GENERAL SUPPLIES 97.81 84.99WEETS, SANDRA REFORESTATION FUND OTHER CONTRACTUAL SERVICES 84.99 49.60WELD & SONS PLUMBING INC INSPECTIONS G & A MECHANICAL 49.60 62.06WEST, JASON ORGANIZED REC G & A MILEAGE-PERSONAL CAR 62.06 1,677.00WHEELER LUMBER LLC PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES 1,677.00 317.40WHITE, PERRY PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT 317.40 2,834.90WILLIAMS, TIM PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT 2,834.90 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 37 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 37Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 1,237.97WITMER PUBLIC SAFETY GROUP INC OPERATIONS SMALL TOOLS 1,237.97 75.00WOLF SEAN WATER UTILITY G&A GENERAL CUSTOMERS 75.00 532.00WRAP CITY GRAPHICS CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES 886.05VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 1,418.05 20.00WRIGHT COUNTY AUDITOR- TREASURER POLICE G & A LICENSES 20.00 1,400.00WSB ASSOC INC PARK IMPROVE CAPITAL PROJECT GENERAL PROFESSIONAL SERVICES 28,915.50STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES 7,500.00TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 37,815.50 16,365.63XCEL ENERGY FACILITIES MCTE G & A ELECTRIC SERVICE 24.42OPERATIONSEMERGENCY PREPAREDNESS 3,019.76PUBLIC WORKS OPS G & A ELECTRIC SERVICE 32,577.96WATER UTILITY G&A ELECTRIC SERVICE 1,846.48REILLY BUDGET ELECTRIC SERVICE 4,164.21STORM WATER UTILITY G&A ELECTRIC SERVICE 26.11BRICK HOUSE (1324)ELECTRIC SERVICE 77.82WW RENTAL HOUSE (1322)ELECTRIC SERVICE 710.75WESTWOOD G & A ELECTRIC SERVICE 22,912.11REC CENTER BUILDING ELECTRIC SERVICE 81,725.25 865.00YTS COMPANIES LLC TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICE 9,682.00TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICE 10,547.00 587.07ZEE MEDICAL SERVICE PUBLIC WORKS OPS G & A GENERAL SUPPLIES 587.06WATER UTILITY G&A GENERAL SUPPLIES 587.06PARK MAINTENANCE G & A GENERAL SUPPLIES 120.60AQUATIC PARK BUDGET OPERATIONAL SUPPLIES 587.06VEHICLE MAINTENANCE G&A GENERAL SUPPLIES 2,468.85 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 38 9/25/2017CITY OF ST LOUIS PARK 8:36:58R55CKS2 LOGIS400V 38Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/22/20178/26/2017 - Amount ObjectVendorBU Description 540.06ZIP PRINTING COMM & MARKETING G & A PRINTING & PUBLISHING 540.06 Report Totals 4,638,304.92 City Council Meeting of October 2, 2017 (Item No. 4a) Title: Approval of City Disbursements Page 39 Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: The Elmwood – Major Amendment to Section 36-268-PUD 8 RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Ordinance amending Section 36-268-PUD 8 of the Zoning Code relating to the Major Amendment for The Elmwood. POLICY CONSIDERATION: Does the City Council support the proposed Major Amendment to PUD 8 to allow for reductions to The Elmwood redevelopment? SUMMARY: The applicant requests a major amendment to the Elmwood Planned Unit Development to reduce the project size. The request is due to higher than anticipated final construction cost estimates. The proposed changes and reductions to the development are as follows: Previously Approved Proposed Dwelling Units 85 70 Stories 6 stories 5 stories Number of Affordable Units 17 dwelling units (20%) 17 dwelling units (24%) Commercial Area (sq. ft.) 4,920 4,393 Number of Bedrooms 158 134 Number of Parking Spaces 188 127 DORA 21.2% 20.5% City Council voted 5 to 1 to approve the First Reading of the ordinance relating to the Major Amendment for the Elmwood on September 18, 2017. FINANCIAL OR BUDGET CONSIDERATION: Despite the reduction in building size, The Elmwood’s revised financial pro forma continues to reflect over $3.2 million in extraordinary site preparation costs making it financially infeasible. To offset a sufficient portion of these qualified redevelopment costs, but retain the same number of affordable housing units as previously approved, it is proposed that the EDA reimburse the Redeveloper up to $950,000 through pay-as- you-go tax increment generated by the project - the same amount previously approved. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion, Zoning Analysis, Site Plan Comparison, Floor Plan Comparison, Elevation Comparison, Ordinance Draft, Ordinance Summary for Publication Prepared by: Jennifer Monson, Planner Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 4b) Title: The Elmwood – Major Amendment to Section 36-268-PUD 8 DISCUSSION SITE LOCATION MAP: SITE INFORMATION: Site Address: 5605 36th Street West Site Area: 0.99 acres Zoning: PUD – Planned Unit Development Comprehensive Plan: MX Mixed Use Neighborhood: Elmwood BACKGROUND: City Council approved the Elmwood PUD in March 2017 which allowed for the construction of a six story, mixed-use building with 85 residential units, approximately 4,900 square feet of ground floor commercial space, 21.6% DORA and 188 parking stalls. PRESENT CONSIDERATIONS: Description: The developer requests a major amendment to Section 36-268 PUD 8 of the city’s zoning ordinance which established the zoning for the Elmwood development, due to extraordinarily high costs of constructing two levels of below ground parking. Page 3 City Council Meeting of October 2, 2017 (Item No. 4b) Title: The Elmwood – Major Amendment to Section 36-268-PUD 8 Uses: The proposal includes a mix of commercial space, residential amenity space and dwelling units on the ground floor, and residential units on floors two through five. The ground floor mix of uses has not changed, and 60% of the frontage facing 36th Street remains commercial and other active uses. A portion of the commercial space has been repurposed into storage (400 square feet), and the overall mix of ground floor uses meet the requirements of the approved PUD. The size of the ground floor residential units have been slightly reduced to allow for additional storage and amenities that were previously located within the parking garage. Residential units are located on floors two through five, and no changes have been made to those units. Height: The applicant proposes to reduce the height of the building, from six stories totaling 77 feet to five stories totaling 68 feet in height. Unit & Bedroom Count: The amendment includes fewer residential units. The previously approved plans included 85 residential units with a total of 138 bedrooms. The amendment proposes 70 dwelling units with 112 bedrooms. Although the number of units in the proposed project has decreased, the dwelling unit mix has not changed: 1 bedroom (14%), 1 bedroom + den (24%), 2 bedroom (43%), and 2 bedroom + den (19%). The development retains a high percentage of 2 bedrooms and 2 bedrooms + den units (62%) to appeal to people looking to downsize from single-family homes. Parking: The original plans included 188 parking spaces, of which only 159 stalls were required per city code (1 parking stall per bedroom). The PUD amendment proposes 127 parking stalls, which is seven fewer than required per code. The applicant could reduce the number of two bedroom units to meet the parking requirement, but have requested a higher two bedroom unit count with a slight reduction in parking. Staff is supportive of a reduction in parking in this location due to future transit service in the area, and the 55+ age restrictions in the building. In light of the reduction in parking, staff recommends a parking management plan be included as part of the Planning Development Contract to manage resident, guest, and commercial parking usage and location. Designed Outdoor Recreation Area (DORA): The proposed development plans illustrate DORA through the inclusion of the 8,100 square feet outdoor space in the rear of the building and 750 square feet on the building’s roof. The previously approved plans called for 1,050 square feet of rooftop DORA, but Fire Code allows a maximum of 750 square feet. The plans have been revised to adhere to the Fire Code. This reduces the overall DORA from 21.6% to 20.5%. The plans continue to exceed the city’s minimum 12% DORA requirements. Landscaping: There is a minor reduction in overall landscaping due to the decreased shrubs and perennials planted within the rooftop DORA. No landscaping has changed at grade on the site plan. Public Input: An additional neighborhood meeting was not warranted, as the project was originally presented as being either a 70-unit or 85-unit mixed use development during the neighborhood meeting held in November, 2016. Staff received one phone call from a nearby resident, and the resident was supportive of the updated plans. Page 4 City Council Meeting of October 2, 2017 (Item No. 4b) Title: The Elmwood – Major Amendment to Section 36-268-PUD 8 STAFF RECOMMENDATIONS: Staff recommends adherence to the original conditions of approval, with the addition of a Parking Management Plan, and that Section 36-268 PUD 8 and the Official Exhibits for The Elmwood be amended as proposed. PLANNING COMMISSION: The Planning Commission held a public hearing on July 19, 2017. There were no comments from the public, and the Planning Commission voted 3 to 1 to recommend approval of the major amendment subject to conditions recommended by staff. CITY COUNCIL: City Council approved the First Reading of the ordinance 5 to 1 on September 18, 2017 and voted to set the second reading for October 2, 2017. Zoning Compliance Table: Factor Required Adopted Proposed Use Commercial Mixed Use-Commercial and Residential No Change Lot Area 2.0 acres, or less with City Council approval 0.99 acres No Change Height No maximum with PUD 76.9 feet 68.2 feet Building Materials Minimum of 60% Class I materials 63.4% Class I 36.6% Class II 60.7% Class I 39.3% Class II Density 50 units/acre, or more with PUD 85.8 units/acre 70.7 units/acre Floor Area Ratio None with PUD 2.75 2.3 Ground Floor Area Ratio N/A 0.44 No Change Off-Street Parking Residential: 112 spaces •1 space/bedroom Commercial: 20 spaces •1 space/250 square feet for Commercial-office space 162 underground spaces 17 off-street surface spaces 9 On-street spaces Total Provided: 188 spaces Total Required: 158 spaces 100 underground spaces 18 off-street surface spaces 9 On-street spaces Total Provided: 127 spaces Total Required: 134 spaces Bicycle Parking 10% of required vehicle parking (14) •126 spaces in underground ramp •10 exterior bike spaces Total: 136 bike spaces •54 interior bike storage •10 exterior bike spaces Total: 64 bike spaces DORA 12% total lot area Ground Floor: 8,100 sq. ft. Rooftop: 1,060 sq. ft. Total: 9,160 sq. ft., 21.2% Ground Floor: 8,100 square feet Rooftop: 750 sq. ft. Total: 8,850 sq. ft., 20.5% Landscaping See Landscaping section Setbacks None with PUD Front (North): 10’ to 13’, Plaza 0’, Patios 4’ Side (East): 1’ Rear (South): varies, 17’- 64’ Side (West): 10’ No Change Page 5 City Council Meeting of October 2, 2017 (Item No. 4b) Title: The Elmwood – Major Amendment to Section 36-268-PUD 8 Approved Site Plan Proposed Site Plan Page 6 City Council Meeting of October 2, 2017 (Item No. 4b) Title: The Elmwood – Major Amendment to Section 36-268-PUD 8 Approved Ground Floor Proposed Ground Floor Page 7 City Council Meeting of October 2, 2017 (Item No. 4b) Title: The Elmwood – Major Amendment to Section 36-268-PUD 8 Approved Elevation Proposed Elevation Page 8 City Council Meeting of October 2, 2017 (Item No. 4b) Title: The Elmwood – Major Amendment to Section 36-268-PUD 8 ORDINANCE NO. ____-17 ORDINANCE AMENDING THE ST. LOUIS PARK CITY CODE RELATING TO ZONING BY AMENDING SECTION 36-268-PUD 8 FOR THE PROPERTY LOCATED AT 5605 W 36TH STREET THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 17-21-PUD) for amending the Zoning Ordinance Section 36-268-PUD 8. Sec. 2. The Comprehensive Plan designates the following described lands as Mixed Use. Lot 1, Block 1, Elmwood Addition, Hennepin County, Minnesota Sec. 3. The St. Louis Park Ordinance Code, Section 36-268-PUD 8 is hereby amended by deleting stricken language and adding underscored language. Section 36-268-PUD 8. (a) Development Plan The site shall be developed, used and maintained in conformance with the following Final PUD signed Official Exhibits: 1. C0.0– Cover Title Sheet 2. C0.1 – Site Survey 3. C0.2 – Preliminary Plat 4. C0.3 – Final Plat 5. C1.0 – Removals Plan 6. C2.0 – Site Plan 7. C2.1 – Green Roof Layout & Landscape Plan 8. C2.2 – Rooftop Green Roof Layout & Landscape Plan 9. C3.0 – Grading Plan 10. C4.0 – Utility Plan 11. C5.0 – Civil Details 12. C5.1 – Civil Details 13. C5.2 – Civil Details 14. L1.0 – Landscape Plan 15. LT1.0 – Lighting Plan 16. LT1.1 – Lighting Specifications 17. A010 – Floor Plan – Level (-2) & (-1) (-1) & 1 18. A011 – Floor Plan – Level 1 & 2 2 & 3 19. A012 – Floor Plan – Level 3 & 4 4 & 5 20. A013 – Floor Plan – Level 5 & 6 Roof 21. A014 – Floor Plan – Roof 22. A200 – Exterior Elevations 23. A201 – Exterior Elevations Page 9 City Council Meeting of October 2, 2017 (Item No. 4b) Title: The Elmwood – Major Amendment to Section 36-268-PUD 8 24. Shadow Study 25. Front Perspective 1 26. Front Perspective 2 27.Rear Perspective 28.Exterior Vignettes 29.Parking Management Plan The site shall also conform to the following requirements: 1)The property shall be developed with 85 70 residential units and a minimum of 4,920 4,393 square feet of ground floor commercial space. 2)At least 179 118 off-street parking spaces shall be constructed. At least nine (9) public on-street parallel parking spaces shall be constructed on 36th Street West and one public on-street loading bay shall be installed adjacent to the site. 3)The maximum building height shall not exceed 77 69 feet and six five stories. 4)The development site shall include a minimum of 12 percent designed outdoor recreation area based on private developable land area. Sec. 4. The contents of Planning Case File 17-21-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 5. This Ordinance shall take effect fifteen days after its publication. Public Hearing July 19, 2017 First Reading September 18, 2017 Second Reading October 2, 2017 Date of Publication October 12, 2017 Date Ordinance takes effect October 27, 2017 Reviewed for Administration Adopted by the City Council _________, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney Page 10 City Council Meeting of October 2, 2017 (Item No. 4b) Title: The Elmwood – Major Amendment to Section 36-268-PUD 8 SUMMARY FOR PUBLICATION ORDINANCE NO.____-17 AN ORDINANCE AMENDING PLANNED UNIT DEVELOPMENT This ordinance states that Section 36-268-PUD 8 of the Zoning Code related to The Elmwood redevelopment will be amended to reduce the project size. This ordinance shall take effect 15 days after publication. Adopted by the City Council October 2, 2017 Jake Spano /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: October 12, 2017 Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Approve Hennepin County Memo of Understanding for Text to 911 RECOMMENDED ACTION: Motion to approve execution of the Hennepin County Memo of Understanding for Text to 911. POLICY CONSIDERATION: Does Council wish to approve the Hennepin County Memo of Understanding to provide Text to 911 call service on an interim basis until the State of Minnesota infrastructure is completed? SUMMARY: Text to 911 is the ability to send a text message to reach 911 emergency call takers from a mobile phone or device. Text to 911 availability will expand our PSAP centers ability to receive emergency and non-emergency calls for service by means of a text message which provides a higher level of customer service to our residents. In 2017, Hennepin County advised the Minnesota Emergency Services Board (MESB) that they would be willing to accept all Text to 911 calls for the seven-county metro area for a limited time until the state infrastructure is in place for each Public Safety Answering Point (PSAP) to accept their own Text to 911 Calls. To accomplish this, Hennepin County created the attached Memo of Understanding for all the affected PSAPs. Hennepin County will accept Text to 911 calls only until the individual PSAPs have the capability to accept Text to 911. It’s expected that the states infrastructure will be in place for our own PSAP to accept Text to 911 calls in 2019. St. Louis Park civil attorneys have reviewed the Memo of Understanding and have given consent to enter into this agreement. FINANCIAL OR BUDGET CONSIDERATION: There is no cost to St. Louis Park for the service provided by the Hennepin County Sheriff with this MOA. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Hennepin County Memo of Understanding and Appendix Prepared by: Lori Dreier, Police Lieutenant Reviewed by: Michael Harcey, Police Chief Approved by: Tom Harmening, City Manager Page 1 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Memorandum of Understanding for SMS Text-to-9-1-1 Call Handling in the Metropolitan Region This Memorandum of Understanding (MOU) is entered into by and between Hennepin County, on behalf of the Hennepin County Sheriff’s Office (may be referred to herein as herein “HCSO”), and Anoka County, City of Bloomington, Carver County, Chisago County, Dakota Communications Center, City of Eden Prairie, Isanti County, City of Minnetonka, North Ambulance, Ramsey County, Ridgeview Medical Center, Scott County, City of St. Louis Park, Washington County, and City of White Bear Lake, each a locally operated Public Safety Answering Point located within the Metropolitan Twin Cities region of the State of Minnesota (may be referred to herein as a “PSAP” or collectively as “PSAPs”). WHEREAS, the State of Minnesota, Department of Public Safety, Division of Emergency Communication Networks, in conjunction with the Statewide Emergency Communications Board NG9-1-1 Committee, has established a regional approach for SMS Text-to-9-1-1 calls; and, WHEREAS, the regional approach for SMS Text-to-9-1-1 call handling is to have “at least one PSAP in every region” that is capable of receiving and processing SMS Text-to-9-1-1 calls that originate in that region; and, WHEREAS, there are seven regions in the State of Minnesota; and, WHEREAS, one of the seven regions is the Metropolitan Twin Cities Region (the “Metropolitan Region”), which includes nineteen (19) primary PSAPs and four (4) secondary PSAPs; and WHEREAS, HCSO and the PSAPs are located within the Metropolitan Region; and, WHEREAS, the HCSO and PSAPs have established and agreed upon “Standard Operating Procedures (SOP)” for exercising best efforts in the receiving and processing of Metropolitan Region SMS Text-to-9-1-1 calls, which is attached as Exhibit A hereto; and, NOW THEREFORE, in consideration of the mutual understandings and agreements hereinafter set forth, HCSO and PSAPs agree as follows: 1.Purpose The purpose of this MOU is to establish the framework to facilitate the transitional receiving and processing of SMS Text-to-9-1-1 calls that originate in the Metropolitan Region. 2.Performance Pursuant to the Standard Operating Procedures (Exhibit A), (i) HCSO will exercise best efforts to receive and process SMS Text-to-9-1-1 calls which originate within its wireless 9-1-1 ESZ boundaries; and (ii) HCSO will exercise best efforts to receive and process SMS Text-to-9-1-1 calls that originate in the Metropolitan Region but are outside of HCSO’s wireless 9-1-1 ESZ boundaries and in areas within the Metropolitan Region that do not otherwise have a serving PSAP with the capability of receiving and processing SMS Text-to-9-1-1 calls. City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 2 Page 2 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region 3.Duration and Notice to Terminate This MOU shall commence upon execution by HCSO and shall expire on December 31, 2018, unless terminated earlier in accordance with the provisions herein. A.A PSAP shall, upon successful testing of SMS Text-to-9-1-1 call receiving and processing and then directly receiving and processing SMS Text-to-9-1-1 calls, withdraw from this MOU. B.In addition to Item 3.A above, any PSAP may, following sixty (60) day written notification to all parties, withdraw from this MOU. C. HCSO may, following one hundred eighty day written notification to all parties, terminate this MOU in entirety. D.This MOU may be amended by written agreement of all parties. E.Notifications shall be in writing and directed to the individual PSAP’s then-current Manager or representative in charge. 4.Powers and Authority under this MOU There are no other powers or authorities granted under this MOU which are not herein identified. This MOU is for understanding the relationship between HCSO and PSAPs regarding receiving and processing SMS Text-to-9-1-1 calls. Nothing herein is intended to nor shall be construed as creating any third party beneficiary rights to enforce any provisions of this MOU. For clarification and not limitation, this MOU is not intended to give anyone third party standing. 5.Financial Obligations under this MOU There are no financial obligations of the HCSO to the PSAPs. There are no financial obligations of the PSAPs to the HCSO. 6.Liability Each party to this MOU shall be responsible for its own acts and omissions and for the acts and omissions of its officers and employees. Each party expressly confirms, and the other parties agree, that they will not be responsible for the liabilities, acts, or omissions of the other parties or of the other parties’ officers or employees. Each party therefore agrees to indemnify, defend and hold harmless each other party for claims arising out of acts or omissions of its officers or employees asserted against another party. Each party agrees to promptly notify all other parties if it becomes aware of any potential claim(s), or facts giving rise to such claim(s), that arise out of the duties and activities set forth in this MOU. As applicable, some parties’ liability is governed and limited by the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this Agreement shall be construed as a waiver of any municipal tort liability limits, governmental immunities or defenses. Under no circumstances shall a party be required to pay, on behalf of itself and the other parties, any amounts in excess of the limits of liability established in Minnesota Statutes. The statutory limits of liability may not be added together or stacked to increase the maximum amount of liability for any party. City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 3 Page 3 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Each party acknowledges and agrees that it is insured or self-insured including but not limited to workers compensation insurance. 7. Conversion from Transitional SMS Text-to-9-1-1 Call Handling. Each PSAP will provide confirmation, per Exhibit B, outlining their plan between now and December 31, 2018, to implement the capability of receiving and handling SMS Text-to-9-1-1 calls. Effective January 1, 2019, PSAPs not able to receive and process SMS Text-to-9-1-1 calls will sign new MOUs, or other similar agreements, with the PSAP of their choice or receive and process SMS Text-to-9-1-1 calls on their behalf. For clarification and not limitation, nothing herein is intended to nor shall be construed as requiring that HCSO receive and process any SMS Text-to-9-1-1 calls, pursuant to the terms herein, after December 31, 2018 or that HCSO shall be required to enter any MOU or similar agreement with any PSAP. 8. Miscellaneous Provisions. The parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to Minnesota Statutes, chapter 13 (the Minnesota Government Data Practices Act) and Minnesota Statutes section 16C.05. 9. Execution of Agreement The individual parties hereto have executed this MOU as of the day and year entered on the appropriate signature pages. This MOU may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to constitute one and the same agreement. 10. Signature Authority Each party represents to the other that it has full authority to enter into and secure performance of this MOU and that the person signing this MOU on behalf of the party has been properly authorized to enter into this MOU. 11. Exhibits to this Document There are two (2) Exhibits to this MOU: Exhibit A, which outlines Standard Operating Procedures for the HCSO SMS Text-to-9-1-1 call receiving and processing, and Exhibit B, which identifies and documents the individual PSAP’s SMS Text-to-9-1-1 conversion commitment. Both Exhibits follow as attachments to this document. IN WITNESS WHEREOF, the Parties to this Agreement have hereunto set their hands on the date written below: (Signature pages to follow) City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 4 Page 4 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Anoka County PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 5 Page 5 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region City of Bloomington PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 6 Page 6 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Carver County PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 7 Page 7 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Chisago County PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 8 Page 8 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Dakota Communications Center PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 9 Page 9 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region City of Eden Prairie PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 10 Page 10 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Hennepin County Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 11 Page 11 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Isanti County PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 12 Page 12 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region City of Minnetonka PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 13 Page 13 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region North Ambulance PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 14 Page 14 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Ramsey County PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 15 Page 15 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Ridgeview Medical Center PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 16 Page 16 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Scott PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 17 Page 17 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region City of St. Louis Park PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 18 Page 18 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region Washington County PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 19 Page 19 of 19 Memorandum of Understanding SMS Text-to-9-1-1 Metropolitan Region City of White Bear Lake PSAP Signature Page to the Memorandum of Understanding ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 20 Page 1 of 4 Exhibit A to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region EXHIBIT A to the Memorandum of Understanding for SMS Text-to-9-1-1 Call Handling in the Metropolitan Region Hennepin County Sheriff’s Office Dispatch Standard Operating Procedure (SOP) for SMS Text-to-9-1-1 Calls DATE ISSUED: 09-07-2017 REVISION DATE: TBD SUBJECT: SMS TEXT-TO-9-1-1 CALL HANDLING I. PURPOSE This SOP has been developed to standardize the method of receiving and processing Short Message Service (SMS) Text-to-9-1-1 calls. The purpose of SMS Text-to-9-1-1 is to provide a means of communication between the “texter” / caller and the “telecommunicator” / call-taker at the Hennepin County Sheriff’s Office (HCSO) Public Safety Answering Point (PSAP) when it is not feasible for callers to make a traditional voice call. Callers who find themselves in a situation where they are only able to text and individuals who are hearing impaired or unable to speak may opt to utilize SMS Text-to-9-1-1 calls. This technology is new and modifications to this policy will occur as technology advances. II. POLICY It is the policy of the HCSO PSAP to establish operational procedures for answering and processing all calls received at the PSAP via SMS Text-to-9-1-1. Telecommunicators are to provide the same level of service via SMS Text-to-9-1-1 calls as currently required on voice calls. All protocol adherence including answering the incoming SMS Text to 911 call, questioning, emergency dispatch, customer service, post-dispatch instructions and scene safety processes will be performed during SMS Text-to-9-1-1 calls. However, due to the limitations of SMS Text-to-9-1-1 communications and for timely processing there may be some instances where verbiage will be limited and the telecommunicator may abbreviate and/or shorten some information without jeopardizing the safety of the callers, victim(s) and/or responder(s). III. SMS TEXT-TO-9-1-1 CALL PROCESSING A. Calls received via SMS Text-to-9-1-1 will come in to the Center on the VESTA 9-1-1 telephone system. B. The SMS Text-to-9-1-1 call screen may show the latitude and longitude of the cell tower site (Phase 1), not the location of the caller. The telecommunicator can rebid the location if the caller indicates they are traveling. C. Pre-set messages are available. The telecommunicator may choose to use them as appropriate. The telecommunicator may also choose to manually type to the caller. The use of pre-set messages is recommended, but optional. If telecommunicators use free form typing, they should be aware that typing in all capital letters is considered “yelling” in text messaging. D. Due to the nature of SMS Text-to-9-1-1 calls, messages shall be limited to approximately 160 characters, before sending the message. City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 21 Page 2 of 4 Exhibit A to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region E. Employees will answer any SMS Text-to-9-1-1 calls as they do all other 9-1-1 voice calls: “9-1-1 what is the address of your emergency?” The telecommunicator may ask the caller if they are able to safely call 9- 1-1 rather than text, unless this is made clear at the onset of the call. F. If an SMS Text-to-9-1-1 call is received and it has no communication thereafter, or if the message is unreadable or the caller is unable to provide an address of the emergency, an attempt will be made to contact the caller via text. If there is still no answer, a callback will be made in the same manner as a voice 9-1-1 hang up, to ascertain if assistance is needed. If the initial SMS Text-to-9-1-1 call indicated an emergency, the telecommunicator will use other methods in an attempt to locate the caller. This includes, but not limited to: rebidding the location, contacting the carrier for pinging of the phone or other subscriber information. G. SMS Text-to-9-1-1 calls are expected to be processed using the same standards for processing emergency and non-emergency voice calls for service. The “standard ABC” questioning of dispatch (Where, What, When, Who, Why) will still be applicable. As emphasized in basic call-taking, the most important piece of information to obtain is the location of the emergency followed by the type of emergency. This procedure will be followed on SMS Text-to-9-1-1 calls. H. Telecommunicators should avoid the use of “texting” lingo, shortcuts and/or acronyms. Some of these are not universally understood and/or have multiple meanings. All correspondence from the telecommunicator should be in plain language. The caller should be encouraged not to use the “texting” lingo, emojis shortcuts and/or acronyms to help eliminate any confusion on the part of both parties. However, callers are not required to oblige. In the event it becomes difficult to understand a caller’s need due to the use of these shortcuts, the telecommunicator will ask the caller to explain the shortcut. I. Addresses will need to be verified on all SMS Text-to-9-1-1 calls. To verify an address, the telecommunicator should ask/text one of the following questions to verify the location of the emergency. “Verifying you are at 123 Main St, Plymouth, Minnesota” OR “Confirming the address is “123 Main St in Plymouth, Minnesota”. A mistyped or auto corrected street name by the caller may provide the telecommunicator with a wrong address, so every address should be verified in this type of manner. It is important that the city and state be verified in each SMS Text-to-9-1-1 call. J. When an SMS Text-to-9-1-1 call for service is deemed necessary for dispatch and pertinent information is received, a CAD call for service will be initiated. Once an SMS Text-to-9-1-1 call is deemed ready for dispatch, the call is to be processed and dispatched according to the procedure for the specific event. HCSO telecommunicators will attempt to gather all necessary information needed to properly process the call, dispatch appropriate responders, and follow through with any other necessary instructions or information. K. All other pertinent information will be asked for by the telecommunicator to help ensure bystander and responder safety. All pertinent information will be added to the call for service in CAD and relayed to the responding unit(s) as appropriate. The telecommunicator will note that the call was received by SMS text when creating the call in CAD. When the call is dispatched over the radio, the responders will be advised that the call is being received by SMS Text-to-9-1-1 call. L. It is important to confirm that the caller can be reached at the same number from which the SMS Text-to-9- 1-1 call is originating. M. The telecommunicators will inform the SMS Text-to-9-1-1 caller that the responders will be dispatched for the requested assistance. Ex: “An ambulance will be dispatched to 123 Main St in Plymouth, text/call back if anything changes or you have further information." An SMS Text-to-9-1-1 call session will not be "ENDED" City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 22 Page 3 of 4 Exhibit A to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region until responders have made contact with the caller/victim. This will leave the texting session open in case a "text-back" is needed for further information. Once the telecommunicator is certain the responder is in contact with the proper parties they can then END the SMS Text-to-9-1-1 call session N. An SMS Text-to-9-1-1 call session does not end until the telecommunicator selects the “Release” button. This allows the telecommunicator to remain in texting contact with the caller. Once the SMS Text-to-9-1-1 call is released, the telecommunicator will not able to send a text message to the phone. The only way to establish contact at that point is to make a voice call to the phone number or use the dispatch cell phone. Under no circumstances should the telecommunicator text the caller from their personal cell phone. O. Telecommunicators are authorized to make a voice call to the caller if needed. This will need to be done if additional information is needed from the caller or if responders are having difficulty locating them. A caller should not be called back in cases where their safety, or the safety of another, is in question. If an officer is requesting that a callback be made in this situation, the telecommunicator will advise the officer of the safety concern. If the officer still requests a callback at that point, the callback request will be honored. IV. HANDLING SMS TEXT-TO-9-1-1 CALLS FOR INCIDENTS IN OTHER JURISDICTIONS (without text capabilities) The HCSO PSAP is the designated SMS Text-to-9-1-1 call center for text messages within Minneapolis / St Paul Metropolitan Region for areas in which the serving PSAP is not enabled to receive SMS Text-to-9-1-1 calls. A. If an SMS Text-to-9-1-1 call is received and it is determined that the emergency is occurring in another jurisdiction, all pertinent information will be gathered and relayed by phone to the appropriate PSAP for dispatch if that agency does not have SMS Text-to-9-1-1 call capability. The appropriate agency will be notified of the incident in a timely manner, given the nature of the situation, priority, and when the telecommunicator has adequate information to mark the call “Ready for Dispatch” in in the CAD system. The session should be kept open until the responding jurisdiction deems it appropriate to release the call in case they need additional information. B. An SMS Text-to-9-1-1 call will be created in CAD for documentation purposes and closed out after contacting the appropriate agency and assigning the text unit code to the call. C. A list of contact phone numbers to contact each Metropolitan PSAP 24/7 will be maintained in the SMS Text-to-9-1-1 Call Guide. (If so created by HCSO) D. At no point should the caller be advised that they have reached the wrong agency and need to dial a different number to reach the correct agency. E. All SMS Text-to-9-1-1 call records will be considered the property of the agency that responds to the call for service, and as such, HCSO serves as a storage facility of the SMS Text-to-9-1-1 call information for the agency. HCSO will provide records of the SMS Text-to-9-1-1 call records to the agency upon request of the agency. Requests for the content of the SMS Text-to-9-1-1 call records from other than the responding agency will be referred to the responding agency. If subpoenaed for an SMS Text-to-9-1-1 call record, HCSO will confer with the agency involved and/or the attorney for HCSO before releasing any specific information. V. TRANSFER OF SMS TEXT-TO 9-1-1 CALLS: If the SMS Text-to-9-1-1 call incident needs to be transferred to another agency that is capable of receiving SMS Text-to-9-1-1 calls, the telecommunicator will transfer the SMS Text-to-9-1-1 call. If the receiving agency City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 23 Page 4 of 4 Exhibit A to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region does not have the capability of receiving SMS Text-to-9-1-1 calls, the original telecommunicator will maintain the SMS Text-to-9-1-1 call session and relay information to the appropriate agency via voice call. If reasonable, the telecommunicator will attempt to have the caller conduct a voice call to the appropriate agency. VI. LANGUAGE LINE A. Telecommunicators will attempt to determine if communication barrier is due to the use of texting lingo by asking the caller “Can you use plain English?” B. If it is determined that Language Line services are needed, a voice call will be placed to the caller and then connected to the Language Line. City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 24 Page 1 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region EXHIBIT B to the Memorandum of Understanding for SMS Text-to-9-1-1 Call Handling in the Metropolitan Region This Exhibit B identifies and documents the individual PSAP’s, as parties to the Memorandum of Understanding for SMS Text-to-9-1-1 Call Handling in the Metropolitan Region, plans for conversion from the transitionary text call handling status. The conversion can include receiving and processing their own SMS Text-to-9-1-1 calls, or engaging in a new, separate agreement for handling SMS Text-to-9-1-1 calls as this MOU expires on December 31, 2018 (Individual Signature Pages to follow) City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 25 Page 2 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region Anoka County PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 26 Page 3 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region City of Bloomington PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 27 Page 4 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region Carver County PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. [ ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 28 Page 5 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region Chisago County PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 29 Page 6 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region Dakota Communications Center PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 30 Page 7 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region City of Eden Prairie PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 31 Page 8 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region Isanti County PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 32 Page 9 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region City of Minnetonka PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 33 Page 10 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region North Ambulance PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 34 Page 11 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region Ramsey County PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 35 Page 12 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region Ridgeview Medical Center PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 36 Page 13 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region Scott County PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 37 Page 14 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region City of St. Louis Park PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 38 Page 15 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region Washington County PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 39 Page 16 of 16 Exhibit B to the SMS Text-to-9-1-1 Memorandum of Understanding Metropolitan Region City of White Bear Lake PSAP We, the undersigned, agree to take the necessary steps to begin receiving and processing SMS Text-to-9-1-1 Calls prior to December 31, 2018. Our target date to receive and process SMS Text-to-9-1-1 Calls is ___________________________________. ___________________________________ ____________________________ Authorized Signature Date ___________________________________ ____________________________ Printed Name Title ___________________________________ ____________________________ Additional Signature Date ___________________________________ ____________________________ Printed Name Title City Council Meeting of October 2, 2017 (Item No. 4c) Title: Approve Hennepin County Memo of Understanding for Text to 911 Page 40 Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Second Reading of Right-of-Way Ordinance RECOMMENDED ACTIONS: Motion to approve second reading and Adopt Ordinance of the Right-of-Way and approve the Ordinance Summary for publication. POLICY CONSIDERATION: Does this ordinance help protect the City’s interests regarding small wireless facilities? SUMMARY: On May 30, 2017, Gov. Dayton signed into law a bill amending Minnesota’s Telecommunications Right-of-Way User Law. The amendments cleared up any confusion about whether wireless providers are treated the same as other telecommunications right-of-way users under state law, but created a separate, streamlined permitting system for placement of small wireless facilities on city-owned structures in rights of way. Most of the bill provisions became effective on May 31, 2017. In the last month, staff has received inquiries from Mobilite and AT&T regarding what our process is for installing Small Cell Wireless Facilities within the right-of-way. City Attorney, Soren Mattick, has advised staff that in order to regulate these facilities and have them located within the right-of-way, we need to incorporate the provisions of the new law into our city code. Our current right-of-way ordinance, Section 24-251 was adopted in 1976. In order to incorporate the new language, we have updated the entire chapter. In addition to the Small Cell Wireless Facility Permit, the updated chapter includes provisions for restoration, relocation, and delay that apply to all permits and do not exist in our current code. The new chapter is based on the League of Minnesota Cities Model Right-of-Way Ordinance. FINANCIAL OR BUDGET CONSIDERATION: The updated ordinance also includes an update to our fee schedule. See discussion for more information. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion New State Law Requirements Summary Ordinance Summary Ordinance Prepared by: Debra M. Heiser, Engineering Director Reviewed by: Phillip Elkin, Sr. Engineering Project Manager Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 4d) Page 2 Title: Second Reading of Right-of-Way Ordinance DISCUSSION BACKGROUND: On May 30, 2017, Gov. Dayton signed into law a bill amending Minnesota’s Telecommunications Right-of-Way User Law. The amendments cleared up any confusion about whether wireless providers are treated the same as other telecommunications right-of-way users under state law, but created a separate, streamlined permitting system for placement of small wireless facilities on city-owned structures in rights of way. Most of the bill provisions became effective on May 31, 2017 In the last month, staff has received inquiries from Mobilite and AT&T regarding what our process is for installing Small Cell Wireless Facilities within the right- of- way. City Attorney, Soren Mattick, has advised staff that in order to regulate these facilities and have them located within the right-of-way, we need to incorporate the provisions of the new law into our city code. Currently, our code allows for excavation and obstruction permits. What follows is a summary of the major changes in the ordinance to incorporate Small Cell Wireless Facility Permits and to better assist staff in managing our right-of-way. Small Cell Wireless Facility Timeframe for Responding to Permits The new law requires approval or denial of a permit within 90-days. Upon receipt of a Small Cell Wireless Facility Permit, the City must provide a written notice of incompleteness to the applicant within 30 days of receipt of the application. Since we do not currently have a Small Cell Wireless Facility Permit in our code, we do not have the ability to determine what “incomplete” means or what we require of providers for these permits. If we were to receive an application, we would need to approve or deny it within 90-days or it would be considered approved. These timeframe limitations do not apply to excavation or obstruction permits. Fees When we manage rights of way, we incur costs. When we establish a fee, it must be based on the actual costs incurred by the city in managing the public right of way. The updated ordinance includes a fee structure for Small Cell Wireless Permits. These fees are based on estimated staff time to process, review, and inspect the installation of small cell wireless facilities. The new ordinance also includes a delay penalty. This may be collected from any Permittee that impact the public due to unreasonable delays in the right-of-way excavation, obstruction, patching, or restoration. Small Cell Wireless Facility Rent A city may elect to charge each small wireless facility attached to a wireless support structure owned by the local government unit a fee (rental fee), in addition to other fees or charges allowed under the law, consisting of: (1) up to $150 per year for rent to occupy space on a wireless support structure; (2) up to $25 per year for maintenance associated with the space occupied on a wireless support structure; and (3) an additional monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility, at the rate set forth in the statute. Small Cell Wireless Facility Agreements This law also does not affect existing agreements approved before May 31, 2017. We currently have a Master Licensing Agreement with Verizon Wireless to collocate small cell wireless facilities. This agreement will stand until it expires in 2022. City Council Meeting of October 2, 2017 (Item No. 4d) Page 3 Title: Second Reading of Right-of-Way Ordinance The amendments allow cities to enter co-location agreements with telecommunications right-of- way users, if they choose, as long as the co-location agreement for small wireless facilities is made available in a substantially complete form no later than six months after the effective date of this act or three months after receiving a small wireless facility permit application from a wireless service provider. Our City Attorney has recommended that we develop an agreement for providers. We are working on this draft agreement. It will be shared with the city council within 6 months. Right of Way Patching and Restoration The updated ordinance includes a section that clearly defines what is required for patching and restoration of the right-of-way after work is complete. It also includes provisions that allow the City to complete the work should the Permittee not do so in a satisfactorily or timely manner. Mapping Data Each right-of-way user shall provide mapping information to city of the work proposed to be completed and as-builts of the work after completion. This will assist the City with accurate record keeping and assist with city led construction projects. Location and Relocation of Facilities Provisions are included in the ordinance that formalize the requirement for right of way users to relocate, at their cost, facilities within the right-of-way. It also includes a timeline requirement for when relocation work needs to be completed by, and the ability to charge users for costs incurred by the city because relocation is not completed in the scheduled timeframe. City Council Meeting of October 2, 2017 (Item No. 4d) Page 4 Title: Second Reading of Right-of-Way Ordinance NEW STATE LAW REQUIREMENTS GOVERNING PLACEMENT OF SMALL WIRELESS FACILITIES IN RIGHTS OF WAY A summary of the provisions of the new law: •Small wireless facilities and wireless support structures are a permitted use, except that in districts zoned as single-family residential use or district identified as historic (either by federal law or ordinance), a local government unit can require a conditional use permit. •Cities must not require an applicant for a small wireless facility permit to provide any information that the applicant previously had provided to the city in a different application for a small wireless permit (which the applicant must identify by specific reference number). •Cities must not require an application to provide information that is not reasonably necessary to review a permit application for compliance with generally applicable and reasonable health, safety, and welfare regulations, or to demonstrate compliance with applicable Federal Communications Commission regulations governing radio frequency exposure, or other information required by this section. •Permits for small cell facility collocation or placement of a new wireless support structure must specify that the term of a small wireless facility permit equals the length of time that small wireless facility is in use, unless the permit is revoked under this section. •The total application fee for a small wireless facility permit must comply with the statutory requirement regarding costs related to the permit. •The city must allow applicants for small wireless facility permits to file a consolidated permit application to collocate up to 15 small wireless facilities (or a greater number if agreed to by a local government unit), provided that all the small wireless facilities in the application are located within a two-mile radius, consist of substantially similar equipment, and are to be placed on similar types of wireless support structures. •The city has 90 days after the date a small wireless facility permit application is filed to issue or deny the permit, or the permit is automatically issued. •To toll the 90-day clock, the city must provide a written notice of incompleteness to the applicant within 30 days of receipt of the application, identifying all missing documents or information, and providing the applicant with a time to cure that complies with the statute3. •If 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, the city may extend the 90-day deadline by an additional 30 days. If a city elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. •A city cannot require placement of small wireless facilities on any specific wireless support structure other than the one proposed in the permit application. •A city must not limit the placement of small wireless facilities, either by minimum separation distances between small wireless facilities or maximum height limitations, except that each wireless support structure installed in the right of way after the effective date of this act shall not exceed 50 feet above ground level (unless the local government unit agrees to a greater height). City Council Meeting of October 2, 2017 (Item No. 4d) Page 5 Title: Second Reading of Right-of-Way Ordinance •A city can set forth in its ordinance separation requirements for placement of wireless support structures in relation to other wireless support structures. •A city still may deny permit for health, safety, and welfare reasons or for noncompliance with decorative wireless support structures or signs. •A city cannot require a person 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 routine maintenance of a small wireless facility; replace a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading; or install, place, maintain, operate, or replace micro wireless facilities suspended on cables strung between existing utility poles in compliance with national safety codes. •A city cannot require an applicant to apply for or enter any individual license, franchise, or other agreement with the local government unit or any other entity, other than the optional standard small wireless facility collocation agreement. •A city may require notice of any work that will obstruct a public right of way. •A city is not required to have a separate agreement, but can choose to enter collocation agreements with applicants locating small wireless facilities onto city owned structures to address terms and conditions of the use of the structures. If a city chooses to do so, then it must make the agreement available to the public in a substantially complete format no later than six months after the effective date or three months after receiving a small wireless facility permit application from a wireless service provider. City Council Meeting of October 2, 2017 (Item No. 4d) Page 6 Title: Second Reading of Right-of-Way Ordinance ORDINANCE NO. ____-17 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA 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. 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 October 2, 2017 (Item No. 4d) Page 7 Title: Second 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. City. The City of St. Louis Park, Minnesota. For purposes of Section 24.279 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. 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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 8 Title: Second Reading of Right-of-Way Ordinance 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. 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. Five-year project plan. Shows projects adopted by the city for construction within the next five years 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 City Council Meeting of October 2, 2017 (Item No. 4d) Page 9 Title: Second Reading of Right-of-Way Ordinance 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. 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. 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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 10 Title: Second Reading of Right-of-Way Ordinance 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, 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 City Council Meeting of October 2, 2017 (Item No. 4d) Page 11 Title: Second Reading of Right-of-Way Ordinance 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. 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 pl an, 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 City Council Meeting of October 2, 2017 (Item No. 4d) Page 12 Title: Second Reading of Right-of-Way Ordinance 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. 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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 13 Title: Second Reading of Right-of-Way Ordinance (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: (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 is required to be filed under Minnesota Statutes Section 60A.07 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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 14 Title: Second Reading of Right-of-Way Ordinance 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); 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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 15 Title: Second Reading of Right-of-Way Ordinance (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 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. (1)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. (2)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. (3)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. (4)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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 16 Title: Second Reading of Right-of-Way Ordinance 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, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (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. 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. 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 City Council Meeting of October 2, 2017 (Item No. 4d) Page 17 Title: Second Reading of Right-of-Way Ordinance a.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. b. 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. c.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. d.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. e.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; f.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. (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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 18 Title: Second Reading of Right-of-Way Ordinance 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 director shall approve or deny a small wireless facility permit application within 90-days of receiving a completed application. The small wireless facility permit, and any associated encroachment or building permit shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. (2)Consolidated applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed by the city, provided that all small wireless facilities in the application: a.are located within a two-mile radius; b.consist of substantially similar equipment; and c. are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (3)Tolling of deadline for action. The 90-day deadline for action may be tolled if: 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 City Council Meeting of October 2, 2017 (Item No. 4d) Page 19 Title: Second Reading of Right-of-Way Ordinance 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. (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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 20 Title: Second Reading of Right-of-Way Ordinance Section 24.264. 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 24.267. (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 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 24.267. (5)Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all restoration required by the City, the City at its option may do such work. In that event, the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond. City Council Meeting of October 2, 2017 (Item No. 4d) Page 21 Title: Second Reading of Right-of-Way Ordinance Sec. 24.265. 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. Sec. 24.266. 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. 24.267. 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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 22 Title: Second Reading of Right-of-Way Ordinance (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. Sec. 24.268. 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. 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. 24.269. 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; City Council Meeting of October 2, 2017 (Item No. 4d) Page 23 Title: Second Reading of Right-of-Way Ordinance (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 24.271. (2)Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the 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 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. 24.270. 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. 24.271. Inspection. (1)Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with Minnesota Rule 7819.1300. City Council Meeting of October 2, 2017 (Item No. 4d) Page 24 Title: Second Reading of Right-of-Way Ordinance (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. 24.272. Work done without a permit. (4)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 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. 24.273. 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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 25 Title: Second Reading of Right-of-Way Ordinance Sec. 24.274. 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 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. 24.275. 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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 26 Title: Second Reading of Right-of-Way Ordinance (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 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. City Council Meeting of October 2, 2017 (Item No. 4d) Page 27 Title: Second Reading of Right-of-Way Ordinance Sec. 24.276. 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. 24.277. 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. Sec. 24.278. 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. 24.279. 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. 24.280. Abandoned and unusable facilities. (1)Discontinued operations. A 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's obligations for its facilities in the right-of-way under this chapter 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. Sec. 24.281. 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 City Council Meeting of October 2, 2017 (Item No. 4d) Page 28 Title: Second Reading of Right-of-Way Ordinance request at its next regularly scheduled meeting, provided the right-of-way user 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. 24.288. Division not applicable to city work. The provisions of this division shall not be applicable to any work being performed by the city or pursuant to a contract with the city. Section 2. City Code Appendix A is amended by deleting the strikethrough language and adding the underlined language as follows: ENGINEERING DEPARTMENT Installation/repair of Sidewalk, Curb Cut or Curb and Gutter Permit $12 per 10 linear feet AdministrativeBase Fee (all permits) $60 Work in Public Right-of-Way Permits Delay penalty 2 times total permit fee Excavation or Obstruction Permit Administrative Base Fee (all permits) Hole in Roadway/Blvd (larger than 10 inch" diameter) $60 $60 per hole Trenching in Boulevard $200 per 100 linear feet (minimum $200) Trenching in Roadway $400 per 100 linear feet (minimum $400) Small Cell Wireless Facility Permit Permit fee $1500 per antenna Rent to occupy space on a city-owned wireless $150 per year per antenna support structure Maintenance associated with space on a city- $25 per year per antenna owned wireless support structure Electricity to operate small wireless facility, if not purchased directly from a utility $73 per radio node less than or equal to 100 max watts; $182 per radio node over 100 max watts; Actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii). Section 4. This Ordinance shall take effect following its passage and publication on XXXXXX XX, 2017. City Council Meeting of October 2, 2017 (Item No. 4d) Page 29 Title: Second Reading of Right-of-Way Ordinance ADOPTED this ______ day of _______________, 2017, by the City Council of the City of St. Louis Park. Public Hearing First Reading Second Reading Date of Publication Date Ordinance takes effect Reviewed for Administration Adopted by City Council ____________________________________ ____________________________________ Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: ____________________________________ ____________________________________ Melissa Kennedy, City Clerk Soren Mattick, City Attorney City Council Meeting of October 2, 2017 (Item No. 4d) Page 30 Title: Second Reading of Right-of-Way Ordinance SUMMARY FOR PUBLICATION ORDINANCE NO. ____-17 ORDINANCE REPEALING ST. LOUIS PARK CITY CODE SECTIONS 24.251-24.256 AND REPLACING THEM WITH SECTIONS 24.251-24.288 This ordinance states that Sections 24.251-24.256 shall be replaced 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. This ordinance shall take effect 15 days after publication. Adopted by the City Council October 2, 2017 Jake Spano /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: October 12, 2017 Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: Approve Contract for 2018 Connect the Park Segments Project No. 4018-2000 RECOMMENDED ACTION: Motion to authorize execution of a professional services contract with SRF Consulting Group, Inc. in the amount of $121,491.50 for 2018 Connect the Park segments Project No. 4018-2000. POLICY CONSIDERATION: Does the City Council wish to continue to implement the city’s Connect the Park initiative? SUMMARY: As outlined in the study session report from last Monday, given work load and technical demands, (traffic forecasting, intersection design, and retaining walls) consultant assistance is needed for the preliminary study and design of these improvements. Staff solicited a proposal from SRF Consulting Group, Inc. (SRF) to provide professional service for preliminary design of various sidewalks and bikeway infrastructure in the Browndale, Minikahada Vista, and Wolfe Park neighborhoods for 2018 (see attached location map). SRF’s proposal is for $121,491.50 to complete preliminary design. If the project is approved for construction, we will need to enter into additional contracts for final design and construction administration. Staff reviewed the proposal submitted by SRF. The proposal provided by SRF was very thorough and showed that they had a clear understanding of the project. The consultant contract covers all preliminary aspects of the project up to final plans. Staff has reviewed the cost provided by SRF and believes it is consistent with prior proposals and reasonable given the work required. SRF was the only firm contacted due to their extensive experience with this area of town. SRF has completed numerous traffic studies within the last 24 months related to private development proposals near Excelsior Boulevard and Monterey Drive. Their broad knowledge of the areas historic traffic patterns, existing and proposed developments, future traffic projections, and sidewalk network, provide them with a head start on understanding and designing improvements to the pedestrian and bicycle network in this area. FINANCIAL OR BUDGET CONSIDERATION: This project is included in the city’s Capital Improvement Program (CIP) for 2018. The city has received a grant from Hennepin County to complete a portion of the work. The remaining funding will be provided by General Obligation Bonds. SUPPORTING DOCUMENTS: Discussion Location Map Prepared by: Jack Sullivan, Senior Engineering Project Manager Reviewed by: Debra M. Heiser, Engineering Director Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 4e) Page 2 Title: Approve Contract for 2018 Connect the Park Segments - Project No. 4018-2000 DISCUSSION BACKGROUND: Connect the Park is the city's 10-year Capital Improvement Plan to add sidewalks, trails, and bikeways throughout the community. As part of Vision St. Louis Park in 2007, the city worked with community members to create an Active Living Sidewalks and Trails plan. The original Connect the Park plan was approved by the Council in 2013. The primary goal of Connect the Park is to develop a comprehensive, city-wide system of sidewalks, trails, and bikeways that provides local and regional connectivity, improves safety and accessibility, and enhances overall community livability. This is achieved by creating a system plan that provides sidewalks approximately every ¼-mile and bikeways every ½-mile in order to improve pedestrian and bicycle connectivity throughout the community. Project Overview: There are a number of segments that will be evaluated and designed as part of 2018 Connect the Park. All the segments below are expected to be designed by SRF Consulting Group and constructed in 2018. Bikeway Segments: •Wooddale Avenue – Edina City Limits to Princeton Avenue (0.35 miles) •Princeton Avenue – Wooddale Avenue to 42nd Street (0.13 miles) •Quentin Avenue – 42nd Street to Park Commons Drive (0.45 miles) •Monterey Drive – Excelsior Boulevard to Beltline Boulevard (0.3 miles) •38th Street – Excelsior Boulevard to France Avenue (0.4 miles) Sidewalk Segments: •Monterey Drive – Excelsior Boulevard to 36 ½ Street (1,000 ft) There are a number of other infrastructure considerations that SRF Consulting Group will be required to incorporate in to a comprehensive design of this corridor. These include: •The design and construction of a right turn lane at the intersection of eastbound Park Commons and Monterey Drive. •Preliminary feasibility analysis of the reconfiguration of the intersection of Beltline Boulevard and Monterey Drive/36th Street to create a full access to the Rec Center. •Pavement rehabilitation for Monterey Drive from Beltline Boulevard to Excelsior Avenue. •Access and utility considerations for the private development at the northeast corner of Excelsior Boulevard and Monterey Drive Outside funding and agency coordination The City has been working with Hennepin County, Minneapolis and Edina on work along France Avenue for the following segments: •France Avenue Sidewalk (39th Street to 42nd Street) - We have received a grant of approximately $25,000 to construct the sidewalk along the west side of France Avenue from 39th Street to the south city boundary. •Crosswalk improvements at 38th and France- staff has been working with Hennepin County and Minneapolis on installing an enhanced pedestrian improvement at this intersection. Staff has been working with Hennepin County staff to establish a cost share agreement for the project. City Council Meeting of October 2, 2017 (Item No. 4e) Page 3 Title: Approve Contract for 2018 Connect the Park Segments - Project No. 4018-2000 Public Process: City staff intends to hold several public open houses, facilitated presentations, and on-site resident visits to address specific concerns in 2017 and early 2018. Below is a general schedule of the planned public engagement process. • Kickoff Meeting: Usually held in fall, October and November. The intent of these meetings are to introduce nearby residents and community members to the projects. Staff typically facilitates a presentation about Connect the Park background, design considerations, what to expect during construction, and proposed project schedules. • Preliminary Design Meeting: Usually held in early December or mid-January. The intent of those meetings is to present preliminary designs for each project and gain feedback from attendees in an open house format style meeting. • Final Design Meeting: Usually held in January or early February. The intent of this meeting is to share staff recommended designs and receive feedback from attendees prior to the project going to Council. • Council Study Session: Usually held in January or early February. The intent of this meeting is to share staff recommendations with Council and begin discussions on project impacts and costs. • Council Public Hearing: Usually held in February. This public hearing is to authorize staff to prepare final plans, specifications, and bid the project. City Council Meeting of October 2, 2017 (Item No. 4e) Page 4 Title: Approve Contract for 2018 Connect the Park Segments - Project No. 4018-2000 BIKEWAY SEGMENTS 38th Street – Excelsior Boulevard to France Avenue Project Overview: 0.4 miles of bikeway are proposed along 38th Street between Excelsior Boulevard and France Avenue, connecting the Excelsior & Grand activity node and the proposed crossing treatment at the France & 38th Street intersection. Community Significance: The bikeway was identified in Connect the Park. The bikeway serves as a main east-west connector from Minneapolis to Excelsior & Grand. Public Process: Staff plans to discuss this bikeway segment as part of the public process that will begin in fall of 2017 and conclude with council decision in early 2018. Design: At this time a design of the bikeway has not been evaluated. Cost: The bikeway is currently estimated to be $36,000 Other Notes: Coordination will take place with the proposed crossing treatment at France Avenue & 38th Street, and the proposed bikeways along Monterey Drive, Quentin Avenue, and Wooddale Avenue. Designed by: This project is proposed to be designed by SRF Consulting Group, Inc. Construction Schedule: This bikeway segment is proposed for construction in 2018. City Council Meeting of October 2, 2017 (Item No. 4e) Page 5 Title: Approve Contract for 2018 Connect the Park Segments - Project No. 4018-2000 Monterey Drive – Excelsior Boulevard to Beltline Boulevard Project Overview: 0.3 miles of bikeway are proposed along Monterey Drive to connect to Excelsior & Grand, the proposed bikeway on 38th Street, and proposed bicycle & pedestrian improvements along Beltline Boulevard for the Southwest LRT project. Community Significance: The bikeway was identified in Connect the Park. The bikeway serves as an important corridor to connect Excelsior & Grand to the Cedar Lake Regional Trail and future Southwest LRT. Public Process: Staff plans to discuss this bikeway segment as part of the public process that will begin in fall of 2017 and conclude with council decision in early 2018. Design: At this time a design of the bikeway has not been evaluated. Cost: The bikeway is currently estimated to be $15,000. Costs associated with the amendment project for proposed sidewalk upgrades on the east side of Monterey Drive are not included in this estimate. Other Notes: Coordination will take place with other proposed 2018 bikeways in the area, and the proposed sidewalk upgrade on the east side of Monterey Drive. Designed by: This project is proposed to be designed by SRF Consulting Group, Inc. Construction Schedule: This bikeway segment is proposed for construction in 2018. City Council Meeting of October 2, 2017 (Item No. 4e) Page 6 Title: Approve Contract for 2018 Connect the Park Segments - Project No. 4018-2000 Wooddale Ave, Princeton Ave, Quentin Ave, Park Commons Dr – 44th Street to Monterey Drive Project Overview: 1.3 miles of bikeway are proposed in the Minikhada Vista neighborhood along Wooddale Avenue, Princeton Avenue, Quentin Avenue, and in the Excelsior & Grand area along Park Commons Drive. Community Significance: The bikeway was identified in Connect the Park. The bikeway serves as an important north-south connection between Edina, Excelsior & Grand, and destinations north. Public Process: Staff plans to discuss this bikeway segment as part of the public process that will begin in fall of 2017 and conclude with council decision in early 2018. Design: At this time a design of the bikeway has not been evaluated. Cost: The bikeway is currently estimated to be $60,000. City Council Meeting of October 2, 2017 (Item No. 4e) Page 7 Title: Approve Contract for 2018 Connect the Park Segments - Project No. 4018-2000 Other Notes: The intersection of Park Commons at Monterey has been studied, and concern has been brought forward regarding taking a left to go northbound onto Monterey. In addition, an on street bikeway could require the removal of on-street parking on Park Commons Drive. In order to provide the most comfortable bikeway, and not impact the available parking, staff recommends that we re-evaluate the routing of the bikeway around the Excelsior & Grand activity node. Staff sees using existing trail facilities in Wolfe Park as a promising alternative to the existing proposal. Designed by: This project is proposed to be designed by SRF Consulting Group, Inc. Construction Schedule: This bikeway segment is proposed for construction in 2018. The project to create a dedicated right turn lane at the Park Commons/ Monterey Drive intersection will be coordinated with the 2018 CTP projects. City Council Meeting of October 2, 2017 (Item No. 4e) Page 8 Title: Approve Contract for 2018 Connect the Park Segments - Project No. 4018-2000 SIDEWALKS & PEDESTRIAN ENHANCEMENTS Monterey Drive – Excelsior Boulevard to 36 1/2th Street Project Overview: 1,000 feet of reconstructed sidewalk along the east side of Monterey Drive between Excelsior Boulevard and 36 1/2th Street. This sidewalk would replace the existing back-of-curb walk with a larger sidewalk and a pedestrian amenity area, including a green boulevard. This suggested amendment is the result of Council and resident feedback. Community Significance: Monterey Drive is a major connection between Excelsior & Grand area and destinations north. During discussions regarding the proposed Bridgewater Development at 4400 Excelsior Boulevard, the council had requested staff to look at enhancing the existing sidewalk on the east side of Monterey Drive due to its narrow condition against the street curb. Public Process: Staff plans to discuss this bikeway segment as part of the public process that will begin in fall of 2017 and conclude with council decision in early 2018. Design: The existing sidewalk would be replaced with a boulevard style sidewalk. Cost: The sidewalk is estimated to be $750,000. This elevated cost is due to required retaining wall between the sidewalk and the surface parking lot of Park Trails Apartments. Other Notes: Staff has evaluated this project with the assumption that existing street widths would be maintained. Due to the proposed bikeway on Monterey in 2018, there may be an opportunity to evaluate the feasibility of narrowing the street to accommodate bicycle and improved pedestrian infrastructure in the corridor. Designed by: This project is proposed to be designed by SRF Consulting Group, Inc. Construction Schedule: This segment is proposed for construction in 2018. City Council Meeting of October 2, 2017 (Item No. 4e) Page 9 Title: Approve Contract for 2018 Connect the Park Segments - Project No. 4018-2000 COORDINATION OF WORK WITH OTHER AGENCIES Pedestrian Crossing Enhancement – 38th Street at France Avenue Project Overview: Construct a pedestrian crossing enhancement on 38th Street at France Avenue to raise driver awareness of crossing pedestrians and to provide a safer crossing condition for non-motorized users. Staff has been coordinating with Hennepin County and the City of Minneapolis to establish a preferred design and cost sharing agreement. This suggested amendment is the result of resident feedback. Community Significance: Residents have noted difficulty crossing France Avenue to get to the Chain of Lakes area in Minneapolis. This crossing enhancement would facilitate safer pedestrian and bicycle movement across France Avenue. Public Process: Staff has been in contact with residents over the past year regarding this effort. Staff plans to discuss this segment as part of the public process and conclude with council decision in early 2018. Design: The crossing enhancement will include a raised median, crosswalk paint, ADA ramp improvements, and RRFB implementation. Cost: Preliminary estimates have the project listed at $53,000. Other Notes: City staff are working closely with Hennepin County staff to establish a cost share agreement for the project. Designed by: This project is currently being designed by HTPO on behalf of St. Louis Park. Construction Schedule: This segment is proposed for construction in 2018. City Council Meeting of October 2, 2017 (Item No. 4e) Page 10 Title: Approve Contract for 2018 Connect the Park Segments - Project No. 4018-2000 France Avenue – 39th Street to 40th Street Project Overview: 630 feet of sidewalk along the west side of France Avenue between 39th Street and the Edina border near 40th Street. This project is in conjunction with a planned City of Edina sidewalk project along France Ave between 40th and 42nd Streets. Community Significance: France Avenue (CSAH 17) is a major north-south corridor that functions as the border between St. Louis Park and Minneapolis. Sidewalk currently exists on the west side of the street from Excelsior Blvd to 39th Street. A sidewalk gap exists between 39th Street and 42nd Street in Edina. City engineering staff, in partnership with the City of Edina, recently submitted a funding request to the Hennepin County Pedestrian & Bicycle Solicitation to fund up to 25% of eligible construction costs. Public Process: The project was added as an amendment to the Connect the Park plan in March of 2017. Staff has begun preliminary discussions with Edina. We plan on only holding on- site meetings with the four property owners within St. Louis Park. Design: A boulevard-style sidewalk is recommended for the St. Louis Park segment. Cost: The sidewalk is estimated to be $170,000. Other Notes: The City has received a grant of $25,000 from Hennepin County. Designed by: The City of Edina will take the lead in design of the project. Construction Schedule: This segment is proposed to for construction in 2018. GF ")3 ")17 LYNNAVESMORNINGSIDE RD 36TH ST W M O N T E R E Y D R NATCHEZAVESP A R K CENTERBLVDQUENTINAVESPARKCENTERBLVDPRINCETONAVESKIPLINGAVESWOODD A L E A V E GRAND WAY PARK NICOLLETBLVDW O L F E PKW Y41ST S T W COOLIDGEAVESBROWNDALEAVESBROOKAVESMACKEYAVESUTICAAVESJOPPA AVE S 42 1/2 ST W PARK C O M M O N S D R 43 1/2 ST W GLENHURSTAVES42ND ST W PARK C O M M O N S D R BROWNDALEAVES36TH ST W OTTAWAAVES42ND ST WPRINCETONAVESVALLAC H E R A V E 40TH ST W 37TH ST W 39TH ST W 38TH ST W 36 1/2 ST W LYNNAVES3 9 T H S T W 42NDS T W 44TH ST WGLEN PLINGLEWOODAVESRALEI GHAVESSALEMAVESRALEI GHAVESDARTAVESOTTAWAAVESFRANCEAVESHUNTINGTONAVESTOLEDO AVE SSALEMAVES40TH L N W 0 500 1,000250 Feet ´ 2018 Sidewalk, Bikeway, and Trail Projects Legend Proposed Sidewalks Proposed Bikeways Proposed Trails Edina Sidewalk Project (France Ave. S.) GF Pedestrian Crossing Existing Sidewalks Existing Trails City Limits Coordinated Project with Hennepin County and the City of Edina Coordinated Project with Hennepin County and the City of Minneapolis City Council Meeting of October 2, 2017 (Item No. 4e) Title: Approve Contract for 2018 Connect the Park Segments Project No. 4018-2000 Page 11 Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: Approve Consultant Contract for Historic Walker Lake District Design Study RECOMMENDED ACTION: Motion to authorize execution of a professional services contract with SRF Consulting in the amount of $181,986 for the Historic Walker Lake District Design Study Project No. 4018-1050. POLICY CONSIDERATION: Does the City Council wish to undertake a study for the Historic Walker Lake District to develop concepts for reinvestment and revitalization? SUMMARY: The Historic Walker Lake area is a well located but underutilized commercial and community hub within St. Louis Park. While no serious problems exist, the District is far from reaching its full potential in serving existing and future businesses, community organizations, and St. Louis Park overall. In the 10 year Capital Improvement Plan, the City has dedicated funding to rehabilitate streets, reconstruct alleys, and install bikeways in this area. There is the potential to leverage existing infrastructure funding to further the District goals. Prior to starting design of these facilities, staff will reach out to the property owners and businesses in the area to refine the scope of this project. Given work load and technical demands, (streetscape and possible roundabouts) consultant assistance is needed for the preliminary study and design of these improvements. A request for proposal (RFP) was sent to four (4) qualified firms to provide professional services. A review of the proposals indicates SRF Consulting provided the best value work plan. SRF Consulting is a reputable consultant that has successfully completed worked for the City before. FINANCIAL OR BUDGET CONSIDERATION: The projects identified in this study are included in the Capital Improvement Plan. They will be paid for using a variety of sources, including: Pavement Management, Municipal State Aid, General Obligation Bonds, Development Fund and Assessments. SUPPORTING DOCUMENTS: Discussion Location Map Prepared by: Phillip Elkin, Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 4f) Title: Approve Consultant Contract for Historic Walker Lake District Design Study DISCUSSION BACKGROUND: The Historic Walker Lake is a well located but underutilized commercial and community hub within St. Louis Park. While no serious problems exist, the District is far from reaching its full potential in serving existing and future businesses, community organizations, and St. Louis Park overall. Two overriding opportunities are: 1.Creating more reasons to visit the Historic Walker Lake Area. 2.Enhancing the quantity and quality of the bike and pedestrian connections within the district and from the District to the surrounding areas. In the 10 year Capital Improvement Plan, the City has dedicated funding to rehabilitate streets and alleys in this area. The locations for publicly funded work include: •Library Lane (Lake Street to Walker Street) •Walker Street (Lake Street to Brunswick Avenue) •Brunswick Avenue (Walker Street to Frontage Road) •Frontage Road (Brunswick Avenue to alley) •Alley between Walker Street and Frontage Road •Alley between Library Lane and Railroad tracks. •Bikeway (Lake Street) •Bikeway (Wooddale Avenue) The goal of the design study is to analyze and determine the future design of the streets and alleys in this District. The future design will leverage the infrastructure investment and take advantage of opportunities to enhance the district including: •Improve pedestrian connections •Improve the intersections at Walker Street/ Lake Street and Lake Street/ Wooddale Ave/ Dakota Avenue •Create gateway elements into the district •Build on the main street feel on Walker Street •Creating public gathering spaces •Landscaping •Streetlights •Pavers •Public Art In addition to the publicly funded improvements, there are two municipal parking lots in this area. Both lots were constructed in the 1960s and are in need of reconstruction. The City’s policy is to assess 100% of the costs for municipal parking lot reconstruction to the property owners that rely on them for their parking needs. Because of their location in the District they are also included in this study for consideration. Public Process To build on the work that the city has been doing with the property owners in this district a public process will kick off this fall to solicit public input on the future of this district and the proposed public improvements. Open houses, individual property meetings and pop up events will be held to discuss the scope and design options for these improvements. Page 3 City Council Meeting of October 2, 2017 (Item No. 4f) Title: Approve Consultant Contract for Historic Walker Lake District Design Study Proposal Evaluation A request for proposal (RFP) was sent to four consultants that have worked with the City in the past and are qualified to complete this project. The RFPs were reviewed based on four criteria which was cost, work plan/ schedule, qualifications/ experience of the personnel working on the project, and understanding of the project objectives. A review of the proposals indicated that SRF Consulting provided the best value for the Design Study. The consultant contract covers all preliminary aspects of the project up to Preliminary plans. Another contract will be needed when the final design has been determined. The table below summarizes the costs received by the consultants. Consultant Cost SRF Consulting $171,956.00 SEH $179,851.00 Bolton & Menk, Inc. $195,988.00 Kimley Horn $213,024.00 In addition to the base work that was outlined in the RFP, SRF provided some optional tasks to enhance this design study. They add $10,030 to the overall contract. This additional work is: •Storm water enhancements including potential rain gardens or green alleys. •Pop up events to facilitate public process •Additional survey work in and around the businesses along Lake Street to assist with design. With this additional work, the total contract with SRF is in the amount of $181,986. Schedule The street and alley rehabilitation work is tentatively scheduled for 2018; however this schedule can be modified based on public feedback. If through the course of this design study a more extensive project is identified than what is currently included in the CIP it will take time to develop plans and identify additional funding sources. ¬«7 WO O D D A L E A V E S E R V I C E D R H I G H W A Y 7 WO O D D A L E A V E WALKER STLAKE ST WG E O R GIA A V E S 34TH ST W HAMILTON ST 35TH ST W 3 6 T H S T W LI B R A R Y L N1STSTNW L A K E S T W ALABAMAAVESID A H O A V E S BRUNSWICKAVESALABAMAAVESDAKOTAAVESB R U N S W IC K A V E S B R O W N L O W A V E 0 100 200 300 400Feet ¯ Pavement Management 2017 - 1.4 miles Bikeways 2019 - 1 mile 2020 - 2.2 miles Completed - 0.8 miles Alley Rehab - 0.2 miles Commercial/Industrial Rehab - 0.4 miles Lake/Walker Parking Lot Lake/Wooddale (NW Corner) Parking Lot District Boundary Walker St./Lake St. Area Projects City Council Meeting of October 2, 2017 (Item No. 4f) Title: Approve Consultant Contract for Historic Walker Lake District Design Study Page 4 Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: 2018 Zero Waste Packaging Acceptable Materials and Exemptions RECOMMENDED ACTION: Motion to approve the 2018 Zero Waste Packaging Acceptable Materials and Exemptions lists, as presented. POLICY CONSIDERATION: Does Council support the acceptable recyclable and compostable material and exempt products lists for 2018? SUMMARY: The Zero Waste Packaging program went into effect on January 1, 2017. The proposed 2018 acceptable and compostable material and exempt products lists (Attachment 1) are unchanged from 2017. The 2018 exemptions are listed below, and reasons for each exemption are provided in detail in the discussion on the following page. 1. Paper food wraps: Plastic or foil-lined (e.g. fast food wrappers) 2. Asian takeout pails: Plastic-lined paper, fold-top style (e.g. Chinese takeout boxes) 3. Hot cup lids: Rigid polystyrene (#6, PS) 4. Portion cups (2 ounce or smaller) and lids: Rigid polystyrene (#6, PS) FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Att. 1 - 2018 Approved Acceptable Material & Exemption List Prepared by: Emily Barker, Solid Waste Program Specialist Reviewed by: Scott Merkley, Public Works Services Manager Mark Hanson, Public Works Superintendent Cynthia S. Walsh, Director of Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 4g) Page 2 Title: 2018 Zero Waste Packaging Acceptable Materials and Exemptions DISCUSSION BACKGROUND: The Zero Waste Packaging (ZWP) ordinance went into effect on January 1, 2017. As a result, numerous restaurants have converted their packaging to recyclable or compostable items. Staff continues to work with businesses that have not yet changed their packaging in order to bring them into compliance. PRESENT CONSIDERATIONS: In preparation for 2018, staff have reviewed the current temporary exemptions for items that are not recyclable or compostable but which are being allowed due to limited compliant alternatives. For 2018, the city plans to keep the same exemptions as were allowed in 2017, largely because available alternatives continue to be an issue. Those exemptions, and the reasoning, are as follows: 1. Paper food wraps: Plastic or foil-lined (e.g. fast food wrappers) – Most paper used for sandwiches, burgers, tacos, and similar items is not compostable due to a plastic or foil layer. Unlined options currently on the market do not offer the same grease resistance or leak-proof properties of the products currently used. 2. Asian takeout pails: Plastic-lined paper, fold-top style (e.g. Chinese takeout boxes) – This specific shape has very limited commercially available alternatives. While staff identified two companies that make a compostable option of this shape/size, they are only special order, requiring high quantity purchases and ongoing commitment to the product, requirements that are not possible for most of the small restaurants that use them. 3. Hot cup lids: Rigid polystyrene (#6, PS) – While there are hot cup lids that are recyclable polypropylene (#5, PP) and compostable (PLA), functionality varies. At this time, the malleability of PP and PLA when hot is much greater than PS, making safety a concern when it comes to hot beverages. 4. Portion cups (2 ounce or smaller) and lids: Rigid polystyrene (#6, PS) – Compliant alternatives are available, but functionality varies depending on use and the opportunity to properly collect for recycling is limited. o Recyclable options – Available, but recyclability is limited due to food contamination and size. If these cups aren’t mostly empty (common with condiments) they are too dirty to recycle. Additionally, small items like portion cups are difficult for recycling facilities to sort properly, often ending up in the trash or as a contaminant in glass. o Compostable – Available, but functionality varies depending on use. Compostable plastics cannot be used for hot condiments, such as nacho cheese. It will continue to be a requirement that a food establishment utilizing any of the exempt materials must inform customers that the items are not recyclable or compostable. The business must clearly indicate to customers that the items must be placed in the garbage. This shall be done in print, such as: on menus; posted signage; or directly on the packaging. 2018 Staff Focus In 2018, staff will continue to provide education to food establishments. In addition, staff will place a greater focus on the collection of packaging discarded in-house at food establishments. While some locations have added the required bins to collect recyclable or compostable packaging, many businesses lack the necessary containers. Space and cost have been two of the primary barriers to updating collection containers. City Council Meeting of October 2, 2017 (Item No. 4g) Page 3 Title: 2018 Zero Waste Packaging Acceptable Materials and Exemptions City staff will continue to work with staff in the cities of Minneapolis and St. Paul in an effort to harmonize the to-go packaging policies in the region. The three cities have agreed to utilize the “Green to Go” branding created by the City of Minneapolis, with the ability to customize with each city’s logo, website, and tagline. This should also help patrons of impacted food establishments know to look for compostable or recyclable packaging. NEXT STEPS: Once the 2018 Acceptable Materials and Exemption lists are approved, they will be shared with impacted businesses. St. Louis Park Public Works Division • 7305 Oxford St., St. Louis Park, MN 55426 www.stlouispark.org • Phone: 952.924.2562 • Fax: 952.924.2560 • TTY: 952.924.2518 Attachment 1 Zero Waste Packaging Ordinance 2018 Acceptable Materials and Exemption List Acceptable Materials Recyclable Packaging – The following materials meet the definition for “Recyclable Packaging” in subsection 12.202(f)(2) of the ordinance. 1.Plastic a.Polyethylene Terephthalate (#1 PET or PETE) b.High Density Polyethylene (#2 HDPE) c.Polypropylene (#5 PP) 2.Metal a. Aluminum (foil and containers) Compostable Packaging – The following materials meet the definition for “Compostable Packaging” in subsection 12.202(f)(3) of the ordinance. 1.Third-party verified compostable products – must be BPI Certified Compostable or Cedar Grove Accepted 2.Unlined/uncoated paper products Temporarily Exempt Materials The following materials do not meet the definitions for “Zero Waste Packaging” in subsection 12.202(f). However, due to the limited alternatives currently available, these items are temporarily exempt from this ordinance and acceptable until December 31, 2018. 1.Paper food wraps: Plastic or foil-lined (e.g. fast food wrappers) 2.Asian takeout pails: Plastic-lined paper, fold-top style (e.g. Chinese takeout boxes) 3.Hot cup lids: Rigid polystyrene (#6, PS) 4.Portion cups (2 ounce or smaller) and lids: Rigid polystyrene (#6, PS) Food establishments that choose to utilize temporarily exempt items must provide information to customers to clearly indicate these items cannot be recycled or composted, and must be placed in the garbage. This must be done in print, for example on menus, posted signage, or directly on the packaging. October 1, 2017 City Council Meeting of October 2, 2017 (Item No. 4g) Title: 2018 Zero Waste Packaging Acceptable Materials and Exemptions Page 4 Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Retirement Recognition Resolution for Equipment Superintendent Dennis Millerbernd RECOMMENDED ACTION: Motion to Adopt Resolution to recognize Equipment Superintendent Dennis Millerbernd for 37 years of service. POLICY CONSIDERATION: None at this time. SUMMARY: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the Mayor, City Manager and City Council. This consent item will officially adopt the resolution that honors Dennis for his years of service. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Lori Vail, HR Technician Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 4h) Page 2 Title: Retirement Recognition Resolution for Equipment Superintendent Dennis Millerbernd RESOLUTION NO. 17-___ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO EQUIPMENT SUPERINTENDENT DENNIS MILLERBERND WHEREAS, Dennis Millerbernd began his employment with the City of St. Louis Park over 37 years ago on July 28, 1980; and WHEREAS, Dennis has been instrumental in operating the Fleet Maintenance Division as efficient as humanly possible and purchased over $37 million of equipment in his 37 years of service; and WHEREAS, Dennis kept current with his ASE (Automotive Service Excellence) and DOT inspection certifications and various other professional organizations enabling him to gain and share his knowledge in fleet operations; and WHEREAS, Dennis kept an open mind in technology, moving the shop to a paperless management system, looked at alternative fuel options, brought E 85 to our fuel system (the first in the state), added electric and hybrid vehicles to the fleet and was part of development team of the first Throw Phone for the Police department; and WHEREAS, Dennis has always put the customer first, providing top notch service to all departments including Police, Fire, Inspections, Parks and Public Works and received a commendation from the Police Department for his hard work and dedication to consistently providing exceptional service; and WHEREAS, Dennis will enjoy spending time with his wife, Joan, children and grandchildren and continue to support his granddaughter, a future skating star, and find time to enjoy the great outdoors, shooting trap and chasing ducks and deer in the fall; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Dennis Millerbernd for his great contributions and 37 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4i EXECUTIVE SUMMARY TITLE: Approve Consultant Contract for Surface Water Management Plan Update Project No. 4018-4100 RECOMMENDED ACTION: Motion to authorize execution of a professional services contract with RESPEC in the amount of $231,020.00 for the update of the City’s Surface Water Management Plan (SWMP) 4018-4100. POLICY CONSIDERATION: Does the City Council wish to update the Surface Water Management Plan? SUMMARY: As outlined in the study session report from last Monday, the City is required to update its SWMP in 2018. This update fulfills the State of Minnesota surface water management rules and is a required element of the Comprehensive Plan update. A request for proposal (RFP) was sent to five (5) qualified firms to provide professional services for our plan update. After a thorough review of the proposals, staff recommends that RESPEC be selected to provide these services. RESPEC’s proposal provides for drafting the revised surface water management plan, bringing the plan through the review and approval process with all applicable agencies, and then finalizing the plan and providing documentation. A summary of the results is shown below: CONSULTANT AMOUNT RESPEC $231,020 WSB & Associates, Inc. $167,500 SRF Consulting Group, Inc. $227,865 SEH, Inc. $121,500 Barr Engineering Co. $249,805 A review of the proposals indicates RESPEC provided the best understanding of the City’s goals and a uniquely qualified team. While this is the first project in the City for RESPEC, they are a reputable consultant with excellent references. FINANCIAL OR BUDGET CONSIDERATION: The Capital Improvement Plan included $200,000 to update the SWMP. The projected cost included in RESPEC proposal is for $231,020.00. We have adequate funding in the Storm Water Utility to cover the additional cost. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Prepared by: Phillip Elkin, Senior Engineering Project Manager Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 4i) Page 2 Title: Approve Consultant Contract for Surface Water Management Plan Update Project No. 4018-4100 DISCUSSION BACKGROUND: The City sought out a responsible consultant to update the city’s Surface Water Management Plan (SWMP). The goal of the revised SWMP is to assemble a single, comprehensive plan for the City of St. Louis Park that will address the City’s water resources needs now and in the future. The SWMP will be developed in close collaboration with city staff and a strong effort to engage the public in its update. The revised SWMP will be proactive. With this update staff is planning to shift focus not only on updating the document as required by the rules, but also on gathering information and modeling the city’s storm sewer network. In addition to flooding, drainage and maintenance projects, the consultant will look for opportunities to address long range water quality goals throughout the city. There will be an emphasis on innovative designs, regional treatment, collaboration with development, and public infrastructure projects. The consultant is being asked to create a stormwater model using the most current rainfall data. Through modeling we will work to identify public improvement projects and designs focused on increased rainfall events. This will enable us to: •Quantify the impact of climate change on rainfall events and update flooding maps to account for higher volume rainfall events •Quantify existing stormwater quality and quantity throughout the city •Set goals toward reducing nutrient loading within the city •Identify opportunities for new effective stormwater quality projects •Establish priority Best Management Practices most effective for developed site conditions Proposal Evaluation: A request for proposal (RFP) was sent to five consultants that are qualified to complete this project. The RFPs were reviewed based on four criteria which were work plan and schedule, qualifications and experience of team, project understanding, and cost. A review of the proposals indicated that RESPEC scored high in technical resources, including water quality and quantity modeling, public presentation and engagement skills, and a knowledge of sustainable water resource management practices. The table below summarizes the costs received by the consultants. CONSULTANT AMOUNT RESPEC $231,020 WSB & Associates, Inc. $167,500 SRF Consulting Group, Inc. $227,865 SEH, Inc. $121,500 Barr Engineering Co. $249,805 Consultant Selection After reviewing each of the submitted proposals, staff selected RESPEC as the preferred consultant based not only on their technical expertise, but also the communication skills and regulatory knowledge of the key project members. RESPEC is a nationally acclaimed firm based in Rapid City, South Dakota who has done work for the EPA and US Geological Survey. They are recognized as a highly technical firm that specializes not only in water resources but technology management, information systems, and data collections. City Council Meeting of October 2, 2017 (Item No. 4i) Page 3 Title: Approve Consultant Contract for Surface Water Management Plan Update Project No. 4018-4100 RESPEC has expertise in hydrology and hydraulics (H&H), urban runoff, watershed, and water quality models and developing modeling tools, which allow users to assess current and potential future conditions. They also specialize in creating an interface that allows for simplified data input, specialized simulations, and data analysis capabilities. RESPEC has an outstanding combination of technical resources, regulatory knowledge, and communication skills that makes them a good fit with City of St. Louis Park. Their local office is led by Julie Blackburn, who formerly served as the Assistant Director to the Minnesota Board of Water and Soil Resources (BWSR). RESPEC has teamed with a local consulting firm, Young Environmental Consulting Group, LLC to enhance local knowledge and improve the planning and modeling qualifications for this project. Young Environmental is led by Della Schall Young, a water resources engineer with 20 years’ experience in conducting water and natural resources management, permitting, and implementing civil works support for transportation and municipal infrastructure projects. She is a certified facilitator who is skilled in generating consensus in agreeable and disagreeable settings. As an accomplished speaker, she is able to convey complex engineering concepts to both nontechnical and technical audiences. Public Process: As part of their proposal, the RESPEC/Young Environmental team proposes implementing a GIS data and analysis portal for the duration of the project to expand communication and engagement to new audiences. Their proposal includes introducing a mobile application to capture field data required for the project. This data will be synchronized with the portal to enable near real-time data visualization. The maps and data created for this project will be available to view and search by an unlimited number of project participants. The portal will be used heavily in project meetings and public forums to explain information graphically. Their proposal also includes setting up a crowd-sourcing web application that anyone can use to provide or report comments. Their plan also includes engaging stakeholders by hosting community conversations at local coffee houses and existing community meetings. These discussions and expanded outreach activities will help the city can move forward with developing consensus-based plans that incorporate obtained input from a broad range of stakeholders. Proposed Schedule: The following is the proposed project schedule: 1. Kickoff Meeting October 2017 2. Public Meeting/Open House October 2017 3. Provide SWMP Draft Plan to City Staff January 2017 4. 2nd Public Meeting/Open House February 2018 5. Present Final Draft to Planning Commission April 2018 6. Present Final Draft to City Council May 2018 7. Submit SWMP for Agency Comment June 2018 Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4j EXECUTIVE SUMMARY TITLE: Approve Entering Into an Agreement with Aqua Logic, Inc. RECOMMENDED ACTION: Motion to designate Aqua Logic, Inc. as the lowest responsible bidder authorizing execution of an agreement with the firm in the amount of $447,000 to replace the filters, replace feature pumps and relocate pumps at the Rec Center Aquatic Park. POLICY CONSIDERATION: Does the City Council wish to proceed with the replacement of the filters and pumps and relocation of pumps by entering into an agreement with Aqua Logic, Inc.? SUMMARY: The Aquatic Park Filters and pumps are originals from 1997. These essential components for operating the pool are due for replacement with current technology. A total of four (4)bids were received for this project on Wednesday, September 13, 2017. A summary of the bid results is as follows: Contractor General Bid Alternate 1 New Feature Pump Alternate 2 New Pump Location Bid Total Includes alternates Aqua Logic, Inc. $379,000 $42,900 $33,900 $447,000 Deduct $8,880 if both alternates accepted Global Specialty Contractors, Inc. $469,000 $39,700 $15,300 $524,000 Neuman Pools, Inc. $466,100 $60,850 $54,200 $581,150 Badger Swimpools, Inc. $587,000 $67,455 $37,125 $691,580 A review of the bids indicates Aqua Logic, Inc. submitted the lowest bid. Aqua Logic, Inc. is a reputable contractor that has completed work for the City as recently as 2016. Staff recommends that a contract be awarded to the firm in the amount of $447,000. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and is included in the City’s Capital Improvement Program (CIP) for 2017. The estimate for this project was $220,000. During the design phase it was determined that an additional filter was needed to meet the desired flow rate which resulted in the higher then anticipated bids. The Park Improvement Fund is able to handle this additional cost due to the timing and cost savings on other projects. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Prepared by: Jason Eisold, The Rec Center Manager Reviewed by: Cynthia S. Walsh, Director of Operations and Recreation Tim Simon, Chief Financial Officer Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 4j) Page 2 Title: Approve Entering Into an Agreement with Aqua Logic, Inc. DISCUSSION BACKGROUND: The Rec Center Aquatic Park was built in 1997 replacing the lap pool and diving well that were a part of the original Rec Center that was built in 1971. The Aquatic Park sees on average 70,000 visitors over the course of a summer season, making it one of the busiest amenities the City operates during the season. The entire filtration system for the Aquatic Park is original from 1997. We have maintained the filtration system over the past 20 years with the necessary maintenance and up-keep. Since 1997 there have been significant improvements made in pool filtration, making our current filtration system extremely inefficient when it comes to water usage and associated operating costs (i.e. heating, chemicals and electrical). PRESENT CONSIDERATIONS: While planning the budget, staff anticipated needing one, more efficient filter. During the engineering process it was determined that installing one filter may not achieve the required flow rate (based on volume and turn-over rate). It was determined two filters would need to be installed, which is what resulted in the higher [than budgeted] bid results. Staff has reviewed the Park Improvement Fund budget and determined that funding is available for the additional expense should the Council approve the project. The timing of a few other projects yet this year may end up moving into 2018 thus allowing the park improvement fund to cash flow the difference in 2017. With these improvements, the water usage would be reduced by 500,000 – 600,000 gallons per pool season (for reference, the pool holds 415,000 gallons). This water usage reduction also reduces our gas consumption needed for heating the pool water by 20 – 30% and reduces pool chemical usage 10 – 15%. This could provide for an operating budget savings of $7,000 – 10,000 starting at the end of 2018. By installing new motors that are more efficient and installing Variable Frequency Drives (VFD) we can continue our efforts in reducing our electrical usage by 10 – 15% annually compared to our current electrical usage of the Aquatic Park. Staff will apply for rebates through Xcel for the motor replacement and VFD installation which will help reduce the overall project cost. NEXT STEPS: Should Council give approval to proceed, staff would work with Aqua Logic, Inc. on preparing a schedule for removal of the old filters/pumps/motors and begin installation of new equipment. The bid documents require all work to be completed by May 1, 2018. Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4k EXECUTIVE SUMMARY TITLE: Temporary Extension of Licensed Premises for Copperwing Distillery RECOMMENDED ACTION: Motion to approve a temporary extension of the licensed premises for a one-day event at Copperwing Distillery, located at 6409 Cambridge Street. POLICY CONSIDERATION: Does the applicant meet the requirements for the approval of the temporary extension? SUMMARY: Copperwing Distillery, located at 6409 Cambridge Street, has requested a temporary, one-day extension of their licensed premises for their “Fall Bike Event” on October 14, 2017 from noon-midnight. The current licensed premises does not include an outdoor space, and the applicant has proposed expanding the licensed premises to permit outdoor sales in the area immediately adjacent to the licensed premises for the event. The applicant has agreed to obtain written permission from the property owner and from the other businesses with doors within the proposed event zone. None of the other businesses in or adjacent to the event zone will be open during the event. In addition to on-street parking, guests will be also be able to park throughout the Business Center parking lot. The proposed event area will take up approximately 18 of the 340 off-street parking spaces. Additionally, because this is a bicycle event, guests will be encouraged to bike to the event. The event will feature Copperwing spirits, soda, water, multiple food trucks, and outdoor activities including a bike maintenance clinic, music, and a movie. Copperwing will block off a portion of the Business Center’s parking lot adjacent to the distillery, south of Cambridge Street. Access will be limited to those 21 years of age or older. Security will be on-duty throughout the event. Outdoor music will conclude by 9 p.m. and the movie will conclude no later than midnight. The applicant anticipates approximately 150-200 guests will attend the event. Staff from Administrative Services, Fire, Inspections, and the Police Department reviewed the request and found no issues with the plans as proposed. Police and Fire will visit the site on the day of the event to ensure that all safety and security measures have been met. City Ordinance Section 3-106 states that proposed enlargement or substantial alteration which changes the character of the licensed establishment or extension of a premise previously licensed shall not be allowed unless the City Council approves an amendment to the liquor license. If approved the temporary extension of the licensed premises would be valid only for the event on October 14, 2017. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Written Request from Copperwing Distillery Prepared by: Melissa Kennedy, City Clerk Reviewed by: Nancy Deno, HR Director/Deputy City Manager Approved by: Tom Harmening, City Manager 1 6409 CAMBRIDGE STREET - SAINT LOUIS PARK - MN - 55416 September 6, 2017 TO: Melissa Kennedy, St. Louis Park City Clerk RE: October Outdoor Event at Copperwing Distillery, 6409 Cambridge Street Contact: Christopher Palmisano (612.293.6461) info@copperwingdistillery.com Dear Ms. Kennedy, With this letter, Hennepin Distilling, LLC (Copperwing Distillery) seeks permission from St. Louis Park to temporarily extend their liquor license to permit outdoor liquor sales immediately adjacent to 6409 Cambridge Street (the presently-licensed premises) on Saturday, October 14, 2017, from noon until midnight, for Copperwing’s Fall Bike Event. Details of the proposed event are provided herein. Please contact us at your earliest opportunity to discuss our event and any further permitting or licensing that may be required. Sincerely, Christopher Palmisano Chief Manager, Hennepin Distilling LLC E N N E P I D I S T I L L I N GH N City Council Meeting of October 2, 2017 (Item No. 4k) Title: Temporary Extension of Licensed Premises for Copperwing Distillery Page 2 HENNEPIN DISTILLING © 2017 2 EVENT DESCRIPTION: Copperwing’s Fall Bike Event will include food and drink sales immediately adjacent to Copperwing Distillery at 6409 Cambridge Street in St. Louis Park. Copperwing will block off a portion (see attached overhead map) of the Business Centers’ parking lot adjacent to Copperwing, south of Cambridge Street. Within the blocked-off event area, Copperwing will provide additional bicycle racks for bike parking, tables, chairs, and a bike maintenance demonstration area. Guests will be invited to listen to pre- recorded music, enjoy food from one or two food trucks, and enjoy Copperwing beverages (alcoholic and non-alcoholic). At approximately 8:30 PM, a licensed movie will be shown outdoors in the parking lot. Event Address: 6409 Cambridge St. St Louis Park 55426 Phone Number: 612.293.6461 Email: info@copperwingdistillery.com Name of the event: Copperwing’s Midsummer Event Date: Saturday, October 14, 2017 Time: Start 12:00 PM, End 12:00 AM Location Detail: Copperwing Distillery, Business Centers parking lot adjacent to Copperwing Distillery (see attached overhead map) Expected Number of Guests: 150-200 Purpose of Event: Themed event for Copperwing’s many bicycle-enthusiast customers Ticketing: Not a ticketed event Access: Alcoholic beverage service will be limited to those 21 years of age or older. Access Control: Fence barriers (minimum 3 feet high) will be erected as shown in the attached diagram to control entry to and exit from the event area. ACTIVITIES AND TIMELINE: 1)Pre-recorded music played outdoors: 2pm - 9 pm 2)Food Truck(s) (e.g., Urban Sub) 2pm- 7pm 3)Outdoor beverage service (1 location; see map) 4)Bike Clinic – Winterization tips from a Bike Professional (4 pm and 6 pm) 5)Movie screening, outdoor (approximately 8:30 PM to 10:00 PM) City Council Meeting of October 2, 2017 (Item No. 4k) Title: Temporary Extension of Licensed Premises for Copperwing Distillery Page 3 HENNEPIN DISTILLING © 2017 3 REGARDING NOISE: Speakers used for music and for the movie’s audio will be directed northward and/or westward to minimize any disruption to Copperwing’s nearest residential neighbors. Outdoor projected audio will conclude by 11:30 PM. IMPACT ON OTHER BUSINESSES: Copperwing will obtain permission from the landowner and from the other businesses with doors within the event zone. None of the other businesses in or adjacent to the event zone will be open during the event. PARKING PLAN: In addition to on-street parking available on Cambridge, Oxford, and Edgewood streets, parking will be available throughout the Business Centers parking lot. The event area will consume about 18 of the approximately 340 available off-street parking spaces. Additionally, as this is a bicycling event, guests will be encouraged to bike to the event. PRIOR EVENTS HOSTED BY COPPERWING DISTILLERY IN ST LOUIS PARK: Copperwing Distillery has previous experience hosting similar events. Previous events include: •August 12, 2017, Copperwing hosted a large outdoor event in the same area as proposed for the present event. •March 11, 2017, Copperwing’s Grand Opening included a food truck and served over 400 customers between 2 PM and midnight. •April 22, 2017, Copperwing hosted “Drink for Science” in collaboration with Climate Generate: A Will Steger Legacy foundation, and hosted a food truck. •May 19, 2017, Copperwing hosted a Gin release event to showcase new spirits and cocktails, and hosted a food truck. City Council Meeting of October 2, 2017 (Item No. 4k) Title: Temporary Extension of Licensed Premises for Copperwing Distillery Page 4 Front Door 6409 Cambridge Street Copperwing Distillery OUTDOOR BEVERAGE SERVICE WITH 12X12 CANOPY BIKE SERVICE DEMONSTRATION AREA TEMPORARY BICYCLE PARKING RACKS MOVIE SCREEN TABLES/CHAIRS FOOD TRUCK PARKING FENCE BARRIER FENCE BARRIER OVERHEAD MAP SHOWING THE EVENT AREA Hennepin Distilling © 2017 City Council Meeting of October 2, 2017 (Item No. 4k) Title: Temporary Extension of Licensed Premises for Copperwing Distillery Page 5 Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4l EXECUTIVE SUMMARY TITLE: Special Assessment – Water Service Line Repair at 7813 Division Street RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the special assessment for the repair of the water service line at 7813 Division Street, St. Louis Park, Minnesota. P.I.D. 20-117-21-22-0094. POLICY CONSIDERATION: The proposed action is consistent with policy previously established by the City Council. SUMMARY: Brandon Cadle, owner of the single family residence at 7813 Division Street, has requested the City authorize the repair of the water service line for his/her home and assess the cost against the property in accordance with the City’s special assessment policy. This is a repair that was made between the home and the curb box and is not impacted by the City’s new waterline ownership policy. Homeowners are still responsible for water lines repairs that occur between their home and the curb box located in the right of way. The City requires the repair of service lines to promote the general public health, safety and welfare within the community. The special assessment policy for the repair or replacement of water or sewer service lines for existing homes was adopted by the City Council in 1996. This program was put into place because sometimes property owners face financial hardships when emergency repairs like this are unexpectedly required. Plans and permits for this service line repair work were completed, submitted, and approved by City staff. The property owner hired a contractor and repaired the water service line in compliance with current codes and regulations. Based on the completed work, this repair qualifies for the City’s special assessment program. The property owner has petitioned the City to authorize the water service line repair and special assess the cost of the repair. The total eligible cost of the repair has been determined to be $3,500. FINANCIAL OR BUDGET CONSIDERATION: The City has funds in place to finance the cost of this special assessment. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Jay Hall, Utility Superintendent Reviewed by: Mark Hanson, Public Works Superintendent Patricia A. Sulander, Accountant Tim Simon, Chief Financial Officer Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 4l) Page 2 Title: Special Assessment – Water Service Line Repair at 7813 Division Street RESOLUTION NO. 17-____ RESOLUTION AUTHORIZING THE SPECIAL ASSESSMENT FOR THE REPAIR OF THE WATER SERVICE LINE AT 7813 DIVISION STREET, ST. LOUIS PARK, MN P.I.D. 20-117-21-22-0094 WHEREAS, the Property Owner at 7813 Division Street, has petitioned the City of St. Louis Park to authorize a special assessment for the repair of the water service line for the single family residence located at 7813 Division Street and, WHEREAS, the Property Owner has agreed to waive the right to a public hearing, right of notice and right of appeal pursuant to Minnesota Statute, Chapter 429; and WHEREAS, the City Council of the City of St. Louis Park has received a report from the Utility Superintendent related to the repair of the water service line. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The petition from the Property Owner requesting the approval and special assessment for the water service line repair is hereby accepted. 2. The water service line repair that was done in conformance with the plans and specifications approved by the Public Works Department and Department of Inspections is hereby accepted. 3. The total cost for the repair of the water service line is accepted at $3,500.00. 4. The Property Owner has agreed to waive the right to a public hearing, notice and appeal from the special assessment; whether provided by Minnesota Statutes, Chapter 429, or by other statutes, or by ordinance, City Charter, the constitution, or common law. 5. The Property Owner has agreed to pay the City for the total cost of the above improvements through a special assessment over a ten (10) year period at the interest rate of 4.00%. 6. The Property Owner has executed an agreement with the City and all other documents necessary to implement the repair of the water service line and the special assessment of all costs associated therewith. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4m EXECUTIVE SUMMARY TITLE: Accept Donation from Kauffman Foundation for Travel Expenses RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a monetary donation from Kauffman Foundation for all travel expenses of Mayor Jake Spano to attend the 2017 Mayor’s Conference on Entrepreneurship that will be held in Oakland, CA on October 25- 27, 2017. POLICY CONSIDERATION: Does Council wish to accept the donation for travel expenses? SUMMARY: Mayor Jake Spano has been invited to attend the 2017 Mayor’s Conference on Entrepreneurship and have his travel expenses, including airfare, hotel, meals and ground transportation paid for by Kauffman Foundation. Mayor Spano also accepted this invitation and donation ($1382) from Kauffman Foundation to attend the 2016 Mayor’s Conference on Entrepreneurship in Florida last November-December. Kauffman Foundation is a non-profit, private foundation based in Kansas City, MO whose vision is to foster "a society of economically independent individuals who are engaged citizens, contributing to the improvement of their communities". Its grant making and research activities are focused on two areas: advancing entrepreneurship and improving the education of children and youth. State statute requires City Council’s acceptance of donations. Donations are treated as a gift to the city and need to be a resolution adopted by the City Council acknowledging that attendance at this event serves a public purpose and that the gift is accepted. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Debbie Fischer, Administrative Services Assistant Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 4m) Title: Accept Donation from Kauffman Foundation for Travel Expenses RESOLUTION NO. 17- ____ RESOLUTION APPROVING ACCEPTANCE OF DONATION FOR TRAVEL EXPENSES WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, the funds are for employee travel expenses for participating in the 2017 Mayor’s Conference on Entrepreneurship; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to Kauffman Foundation for inviting Mayor Jake Spano to participate in this conference. Reviewed for Administration Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 2, 2017 Consent Agenda Item: 4n FIRE CIVIL SERVICE COMMISSION MINUTES June 12, 2017 – 9:00 a.m. WESTWOOD ROOM – CITY HALL 1. The meeting was called to order at 9:00 a.m. by President MacMillan. 2. In attendance were Commissioners Stuart Williams, Bob Tift, and Bill MacMillan. Also present were Ali Timpone, HR Coordinator/Staff Liaison; Steve Koering, Fire Chief; John Wolff, Deputy Fire Chief; and Union President/Lieutenant Eva Hansen. 3. Minutes of the February 6, 2017 Fire Civil Service meeting were approved as presented. 4. Deputy Chief Wolff presented the recommended recruitment process for Firefighter. A significant change to this year’s process is removing the written exam in order to increase the number of candidates that we can interview. Past experience with the written exam was that it screened out candidates we were interested in talking to further. The process also includes a group interview, and second round panel interviews with a scored fire scenario. General discussion followed about the process and identifying good interview panels. A motion was made by Commissioner Williams, seconded by Commissioner Tift, to approve the Firefighter recruitment process as presented. Motion carried unanimously. 5. In other business, future meetings will not be held on Mondays, and will be held after 9:00 am except as needed. Additionally, Commissioner Williams updated the commission on his work at the legislature. Great news, our bill to change the statute regarding Fire Commissions passed and effective August 1, 2017, we will be able to meet anytime and anywhere. Thank you Commissioner Williams for your work on the behalf of our commission! Future meetings will be held at Station 1. The commission discussed Firefighters carrying Narcan for Fentanyl overdoses. Chief Koering updated the commission that Hennepin County is finishing the contract details that will allow our staff to carry this lifesaving drug. Soon, all Firefighters will be trained in how to administer it and will be able to provide the drug when needed. President MacMillan asked about the lock box project. Chief Koering said the supplies have been received and after the FD Open House, staff will begin implementing this program. Chief Koering also told the commission about the Pulse Point app, and encouraged them to download it. The Fire Department is planning on holding public CPR and AED training sessions in the future. 6. The Commission adjourned at 9:30 a.m. Respectfully submitted, Ali Timpone HR Manager/City Staff Liaison Meeting: City Council Meeting Date: October 2, 2017 Public Hearing Agenda Item: 6a(I) EXECUTIVE SUMMARY TITLE: 2018 Budget & Property Owner Service Charges for Special Service District No. 1 RECOMMENDED ACTION: Mayor to open the public hearing, take testimony, and close the public hearing. Motion to Adopt Resolution setting the 2018 Budget & Property Owner Service Charges and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD No.1 budget and property owner service charges? SUMMARY: The 2018 proposed budgets and service charges are similar to that of past years. Staff has recently held meetings with the property owners from each of the six districts and received their support for approving the 2018 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: The Parks Maintenance budget will incur a service charge for the City-owned property located within this district at 3700 Monterey Drive (Recreation Center/Wolfe Park). The proposed service charge for 2018 is $20,204. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Proposed 2018 Budget Proposed 2018 Service Charges Map Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 6a(I)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 1 DISCUSSION BACKGROUND: History On October 17, 2016, the City Council approved a resolution imposing a multi-year service charge for Special Service District No. 1 (this district is located along Excelsior Boulevard from Quentin Avenue to Highway 100 and along Park Center Boulevard and Monterey Drive). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners Board approved the proposed 2018 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 7 & 21, 2017. The public hearing notice was sent to all property owners within the District. Special Service District No. 1 Financial Position Special Service District No. 1 has an anticipated 2018 year-end fund balance of approximately $96,653. Proposed 2018 Budget and Service Charges The Property Owners recommended approval of the following: •2018 budget amount of $106,663; $10,000 decrease from 2017. •2018 service charge amount of $76,663; $10,009 decrease from 2017. •Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Soren Mattick. Page 3 City Council Meeting of October 2, 2017 (Item No. 6a(I)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 1 RESOLUTION NO. 17 -____ RESOLUTION APPROVING 2018 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 1 WHEREAS, pursuant to Ordinance No. 2067-96, the City Council created Special Service District No. 1 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 16-130, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2026 for taxes payable in said year; and WHEREAS, pursuant to Section 3 of Resolution No. 16-130, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 4 of Resolution No. 16-130, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1.The 2018 Budget for Special Service District No. 1 of $106,663 is hereby approved as recommended by the Special Service District No. 1 Property Owners. 2.The authorized 2018 Service Charge for Special Service District No. 1 is $76,663 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Object Account Subsidiary 2017 Adopted Budget 2018 Proposed Budget EXPENDITURES 6212 - GENERAL SUPPLIES 713 633 6221 - SSD'S - IRRIGATION MATERIALS 715 - SSD'S - IRRIGATION MATERIALS 6224 - LANDSCAPING MATERIALS 9,000 6,000 6303 - OTHER 2,500 1,800 6303 - SSD -Banner replacements 680 - SSD -Banner replacements 300 1,000 6410 - SSD Mgmt Services 678 - SSD Mgmt Services 4,500 4,500 6550 - Civil 750 - Civil 150 150 6630 - OTHER CONTRACTUAL SERVICES 6630 - SSD - snow removal 772 - SSD - snow removal 47,000 42,000 6630 - SSD Site Maintenance 773 - SSD Site Maintenance 0 6630 - SSD - Banner install/removal 774 - SSD - Banner install/removal 1,500 1,000 6630 - SSD - Irrigation services 775 - SSD - Irrigation services 5,000 4,000 6630 - SSD decorative install/maint 776 - SSD decorative install/maint 10,000 9,000 6630 - SSD - Landscape services 777 - SSD - Landscape services 27,000 30,000 6950 - LEGAL NOTICES 150 150 7106 - PUBLIC LIABILITY INSURANCE 150 130 7205 - BUILDING MTCE SERVICE 0 7207 - OTHER IMPROVEMENT SERVICE 7207 - SSD infrastructure repair 880 - Infrastructure Repair-Internal 6,500 4,000 7207 - Infrastructure Repair-External 893 - Infrastructure Repair-External 0 7301 - ELECTRIC SERVICE 2,200 2,300 7301 - SSD pedestrian 890 - SSD pedestrian 0 8590 - BANK CHARGES/CREDIT CD FEES TOTAL EXPENDITURES 116,663 106,663 2018 SSD #1 BUDGET City Council Meeting of October 2, 2017 (Item No. 6a(I)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 1 Page 4 CITY OF ST. LOUIS PARK Attachment A Special Service District #1 Estimated Annual Cost Per Parcel Proposed 2018 Service Charge PROPOSED ACTUAL ACTUAL 2018 2017 2016 PID No.Address Business SERVICE SERVICE SERVICE CHARGE CHARGE CHARGE 06-028-24-33-0019 3601 Park Center Boulevard E.J. Plesko & Assoc., Inc.$2,662 $4,268 $4,322 06-028-24-33-0015 3601 State Hwy No 100 South Target Corporation t-0260 $8,312 $9,281 $9,355 06-028-24-34-0022 3700 Monterey Drive City of St. Louis Park $20,204 $23,066 $22,776 06-028-24-33-0014 3777 Park Center Boulevard Lund Food Holdings $8,468 $9,794 $9,821 07-028-24-22-0031 3800 Park Nicollet Boulevard Park Nicollet Health Services $5,486 $6,277 $6,098 07-028-24-22-0035 3900 Park Nicollet Boulevard Park Nicollet Health Services $4,391 $3,625 $3,694 07-028-24-21-0004 4916 Excelsior Boulevard Park Nicollet Health Services $1,325 $599 $603 07-028-24-21-0005 4920 Excelsior Boulevard Park Nicollet Health Services $376 $405 $407 07-028-24-21-0006 4950 Excelsior Boulevard Zip Printing $439 $484 $493 07-028-24-21-0512 4951 Excelsior Boulevard Park Nicollet Health Services $1,183 $2,689 $2,772 07-028-24-21-0513 4959 Excelsior Boulevard Intercity Investments, Inc.$1,029 $1,145 $1,139 07-028-24-22-0023 4961 Excelsior Boulevard Intercity Investments, Inc.$483 $555 $556 07-028-24-22-0024 4995 Excelsior Boulevard Intercity Investments, Inc.$638 $750 $747 07-028-24-22-0032 5000 Excelsior Boulevard Park Nicollet Health Services $463 $671 $675 07-028-24-22-0025 5001 Excelsior Boulevard Intercity Investments, Inc.$456 $516 $517 07-028-24-22-0033 5050 Excelsior Boulevard Park Nicollet Health Services $2,690 $3,003 $3,005 07-028-24-22-0034 5100 Excelsior Boulevard Park Nicollet Health Services $1,144 $1,702 $1,688 07-028-24-22-0037 5200 Excelsior Boulevard McDonald's $1,305 $1,186 $1,213 07-028-24-22-0026 5201 Excelsior Boulevard Intercity Investments, Inc.$6,651 $6,689 $6,712 07-028-24-22-0036 5300 Excelsior Boulevard Tower Pl. c/o Frauenshuh Companies $4,708 $5,256 $5,320 07-028-24-22-0004 5400 Auto Club Way AAA Minneapolis $4,250 $4,711 $4,759 TOTALS:$76,663 $86,672 $86,672 Notes: 1) 2) 3)The 2018 proposed service charge includes a transfer of approximately $30,000 from reserves to lower the service charge and maintain a proper fund balance. The proposed 2018 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. In 2017 the areas and front footage were adjusted using the new Hennepin County GIS information. a) Commercial sidewalk snow removal charges are on a front footage basis. b) All other services charges are based on the parcel's square foot area basis. The 2018 proposed budget is $106,663, a decrease in $10,000 from 2017. City Council Meeting of October 2, 2017 (Item No. 6a(I)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 1 Page 5 ZARTHANAVESSERVICERDGRANDWAY KIPLINGAVESRALEIGHAVESPA R K C E N T E R B L V D NATCHEZAVES40TH L N WWEBSTER AVE SWEBSTERAVESOTTAWAAVESRAL E I GHAV E S MONTEREYAVESAUTO CLUB WAYWEBSTER AVE S35TH ST W 39 T H S TW LYNNAVES361/2 STW V A L LA C H E R A V E PRI NCET ONAVESMERI DI ANL NPARKNICOLL ET BLVD36TH ST W 36TH ST W WO O D D A L E A V E SYOSEMITE AVE S W O O D D A L E A V E S XENWOODAVESPA R K C O MM O N S D R JOPPAAVESW O L F E PKWYPARKCENTERBLVDYOSEMITE AVE SPARKCENTERBLVDQUENTI NAVESM O N TE R E Y D R 36TH ST W LYNNAVES40TH ST WPRINCE T ONL NHU N T INGTONAVESXENWOODAVESE X C E LS IO R B LV D 3700 3800 3777 3601 5201 3900 5300 5400 5050 4951 3601 3633 5100 5200 3800 4995 4916 4961 5001 4920 50004950 Special Service District No. 1 West 36th Street, Park Center Boulevard, and Excelsior Boulevard Legend Sidewalk Snow Removal SSD 1 Parcels ± 8/13/2013 pcw City Council Meeting of October 2, 2017 (Item No. 6a(I)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 1 Page 6 Meeting: City Council Meeting Date: October 2, 2017 Public Hearing Agenda Item: 6a(II) EXECUTIVE SUMMARY TITLE: 2018 Budget & Property Owner Service Charges for Special Service District No. 2 RECOMMENDED ACTION: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD No.2 budget and property owner service charges? SUMMARY: The 2018 proposed budgets and service charges are very similar to that of past years. Staff has recently held meetings with the property owners from each of the six districts and received their support for approving the 2018 budget and service charges. FINANCIAL OR BUDGET CONSIDERATION: The Public Works Operations Division budget will incur a service charge for the City-owned property located within this district at 3929 Excelsior Boulevard (bus shelter). The proposed service charge for 2017 is $40. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Proposed 2018 Budget Proposed 2018 Service Charges Map Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 6a(II)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 2 DISCUSSION BACKGROUND: History On October 20, 2008, the City Council approved a resolution imposing a multi-year service charge for Special Service District No. 2 (this district is located along Excelsior Boulevard from Monterey Drive/38th Street to France Avenue). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2018 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 7 and 21, 2017. The public hearing notice was sent to all property owners within the District. Special Service District No. 2 Financial Position Special Service District No. 2 has an anticipated 2018 year-end fund balance of approximately $29,663. Proposed 2018 Budget and Service Charges The Property Owners recommended approval of the following: •2018 budget amount of $47,462; no change from 2017. •2018 service charge amount of $36,464; no change from 2017. •Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Soren Mattick. Page 3 City Council Meeting of October 2, 2017 (Item No. 6a(II)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 2 RESOLUTION NO. 17 -____ RESOLUTION APPROVING 2018 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 2 WHEREAS, pursuant to Ordinance No. 2093-97, the City Council created Special Service District No. 2 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 08-133, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2018 for taxes payable in said year; and WHEREAS, pursuant to Section 3 of Resolution No. 08-133, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 4 of Resolution No. 08-133, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2018 Budget for Special Service District No. 2 of $47,462 is hereby approved as recommended by the Special Service District No. 2 Property Owners. 2.The authorized 2018 Service Charge for Special Service District No. 2 is $36,464 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Object Account Subsidiary 2017 Adopted Budget 2018 Proposed Budget EXPENDITURES 6212 - GENERAL SUPPLIES 257 259 6221 - SSD'S - IRRIGATION MATERIALS 715 - SSD'S - IRRIGATION MATERIALS 6224 - LANDSCAPING MATERIALS 4,500 3,500 6303 - OTHER 1,500 1,000 6410 - SSD Mgmt Services 678 - SSD Mgmt Services 2,000 2,000 6630 - OTHER CONTRACTUAL SERVICES 6630 - SSD Site Maintenance 773 - SSD Site Maintenance 0 6630 - SSD - Banner install/removal 774 - SSD - Banner install/removal 800 800 6630 - SSD - Irrigation services 775 - SSD - Irrigation services 4,000 4,000 6630 - SSD decorative install/maint 776 - SSD decorative install/maint 8,000 10,500 6630 - SSD - Landscape services 777 - SSD - Landscape services 18,500 22,000 6950 - LEGAL NOTICES 150 150 7106 - PUBLIC LIABILITY INSURANCE 55 53 7207 - OTHER IMPROVEMENT SERVICE 7207 - SSD infrastructure repair 880 - Infrastructure Repair-Internal 5,500 1,000 7301 - ELECTRIC SERVICE 2,200 2,200 7301 - SSD pedestrian 890 - SSD pedestrian 0 8590 - BANK CHARGES/CREDIT CD FEES MISC OTHER EXPENSE TOTAL EXPENDITURES 47,462 47,462 2018 SSD #2 BUDGET City Council Meeting of October 2, 2017 (Item No. 6a(II)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 2 Page 4 Attachment A Proposed 2018 Service Charge PROPOSED ACTUAL ACTUAL 2018 2017 2016 SERVICE SERVICE SERVICE PID No.Business CHARGE CHARGE CHARGE 06-028-24-41-0075 3900 Excelsior Blvd Ellipse on Excelsior LLC $5,833 $3,756 $3,756 06-028-24-41-0077 3901 Excelsior Blvd Alberto Properties LLP $1,723 $1,901 $1,901 06-028-24-41-0076 3924 Excelsior Blvd Ellipse on Excelsior LLC $2,097 $2,107 $2,107 06-028-24-41-0068 3925 Excelsior Blvd A & A Agency Inc.$676 $773 $773 06-028-24-41-0067 3929 Excelsior Blvd City of St. Louis Park $40 $49 $49 06-028-24-41-0014 3939 Excelsior Blvd Sara Son LLC $981 $1,048 $1,048 06-028-24-41-0070 3947 Excelsior Blvd KMS Management $1,650 $1,735 $1,735 06-028-24-41-0008 4100 Excelsior Blvd Sela Roofing & Remodeling $1,194 $1,223 $1,223 06-028-24-41-0009 4120 Excelsior Blvd Baldwin & Matteson Prop. LLC $1,167 $1,252 $1,252 06-028-24-44-0001 4140 Excelsior Blvd Larson Enterprises $2,019 $2,165 $2,165 06-028-24-44-0176 4170 Excelsior Blvd 4150 Excelsior Blvd. Partnership $1,534 $1,739 $1,739 06-028-24-44-0175 4200 Excelsior Blvd Stranik Brothers LLC $1,306 $1,428 $1,428 06-028-24-44-0173 4201 Excelsior Blvd Life Medical $1,960 $2,107 $2,107 06-028-24-44-0088 4221 Excelsior Blvd Prima Investments LLC $276 $359 $359 06-028-24-43-0017 4300 Excelsior Blvd Lyndly F Opitz & Assoc $572 $561 $561 06-028-24-43-0020 4301 Excelsior Blvd S & S Investments $1,205 $1,253 $1,253 06-028-24-43-0018 4306 Excelsior Blvd Lyndly F Opitz & Assoc $439 $480 $480 06-028-24-43-0019 4308 Excelsior Blvd Lyndly F Opitz & Assoc $585 $662 $662 06-028-24-43-0021 4317 Excelsior Blvd Habitation Furnishing & Design $728 $744 $744 06-028-24-43-0186 4320 Excelsior Blvd Lyndly F Opitz & Assoc $1,798 $1,855 $1,855 06-028-24-43-0091 4331 Excelsior Blvd Bell Nelson Furniture $990 $1,085 $1,085 06-028-24-43-0187 4400 Excelsior Blvd Bridgewater Bancshares, Inc.$4,137 $4,474 $4,474 06-028-24-43-0040 4409 Excelsior Blvd Samfar Real Estate Inc $690 $656 $656 06-028-24-43-0041 4415 Excelsior Blvd Automotive Accessories LLC $569 $583 $583 06-028-24-43-0042 4419 Excelsior Blvd Celine Properties LLC $1,252 $1,349 $1,349 06-028-24-43-0064 4424 Excelsior Blvd Bridgewater Bank $1,043 $1,120 $1,120 TOTALS:$36,464 $36,464 $36,464 Notes: 1) 2) 3) Address The proposed 2018 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. In 2017 the areas were adjusted based on the new Hennepin County GIS parcel information. a) All services charges are based on the parcel's square foot area basis. The 2018 proposed budget is $47,462, the same as in 2017. The 2018 proposed service charge includes a transfer of approximately $11,000 from reserves to lower the service charge and maintain a proper fund balance. City Council Meeting of October 2, 2017 (Item No. 6a(II)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 2 CITY OF ST. LOUIS PARK Special Service District #2 Estimated Annual Cost Per Parcel Page 5 GRANDWAY GLENHURSTAVEHUNTINGTONAVESINGLEWOODAVESLYNNAVES36 1/2ST W 37TH ST W MERI DI ANL N34TH S T W 36TH ST W PA R K C O MMO N S D R JOPPAAVESW O L F E PKWYBELTLINEBLVDM O N T E R E Y D R 38TH ST W HU N T INGTONAVES3900 4400 3924 4140 4201 4320 3901 3947 4170 4419 4301 4100 3939 4200 4120 4424 4331 4321 4409 3925 4308 4300 4415 4306 4221 3929 Special Service District No. 2 Excelsior Boulevard Legend SSD 2 Parcels± 9/23/2016 tw City Council Meeting of October 2, 2017 (Item No. 6a(II)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 2 Page 6 Meeting: City Council Meeting Date: October 2, 2017 Public Hearing Agenda Item: 6a(III) EXECUTIVE SUMMARY TITLE: 2018 Budget & Property Owner Service Charges for Special Service District No. 3 RECOMMENDED ACTION: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD No. 3 budget and property owner service charges? SUMMARY: The 2018 proposed budgets and service charges are similar to that of past years. Staff has recently held meetings with the property owners from each of the six districts and received their support for approving the 2018 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: None. There are no City owned properties within this district. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Proposed 2018 Budget Proposed 2018 Service Charges Map Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 6a(III)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 3 DISCUSSION BACKGROUND: History On October 15, 2012, the City Council approved a resolution imposing a service charge for Special Service District No. 3 (located along Excelsior Boulevard from Quentin Avenue to Monterey Drive/W. 38th Street). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2018 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 7 and 21, 2017. The public hearing notice was sent to all property owners within the District. Special Service District No. 3 Financial Position Special Service District No. 3 has an anticipated 2018 year-end fund balance of approximately $46,305. Proposed 2018 Budget and Service Charges The Property Owners recommended approval of the following: •2018 budget amount of $51,597; a decrease of $2,000 from 2017 •2018 service charge amount of $28,600; no change from 2017 •Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Soren Mattick. Page 3 City Council Meeting of October 2, 2017 (Item No. 6a(III)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 3 RESOLUTION NO. 17 -____ RESOLUTION APPROVING 2018 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 3 WHEREAS, pursuant to Ordinance No. 2224-02, the City Council created Special Service District No. 3 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 12-149, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2022 for taxes payable in said year; and WHEREAS, pursuant to Section 3 of Resolution No. 12-149, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 4 of Resolution No. 12-149, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2018 Budget for Special Service District No. 3 of $51,597 is hereby approved as recommended by the Special Service District No. 3 Advisory Board. 2.The authorized 2018 Service Charge for Special Service District No. 3 is $28,600 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Object Account Subsidiary 2017 Adopted Budget 2018 Proposed Budget EXPENDITURES 6212 - GENERAL SUPPLIES 301 417 6221 - SSD'S - IRRIGATION MATERIALS 715 - SSD'S - IRRIGATION MATERIALS 6224 - LANDSCAPING MATERIALS 5,500 3,500 6303 - OTHER 2,000 1,500 6303 - SSD -Banner replacements 680 - SSD -Banner replacements 300 500 6410 - SSD Mgmt Services 678 - SSD Mgmt Services 2,500 2,500 6630 - OTHER CONTRACTUAL SERVICES 6630 - SSD - snow removal 772 - SSD - snow removal 18,000 17,000 6630 - SSD Site Maintenance 773 - SSD Site Maintenance 0 6630 - SSD - Banner install/removal 774 - SSD - Banner install/removal 800 500 6630 - SSD - Irrigation services 775 - SSD - Irrigation services 2,200 2,500 6630 - SSD decorative install/maint 776 - SSD decorative install/maint 5,000 9,000 6630 - SSD - Landscape services 777 - SSD - Landscape services 12,400 11,500 6950 - LEGAL NOTICES 120 120 7106 - PUBLIC LIABILITY INSURANCE 76 60 7207 - SSD infrastructure repair 880 - Infrastructure Repair-Internal 3,000 1,500 7207 - Infrastructure Repair-External 893 - Infrastructure Repair-External 0 7301 - ELECTRIC SERVICE 1,400 1,000 7301 - SSD pedestrian 890 - SSD pedestrian 0 8590 - BANK CHARGES/CREDIT CD FEES TOTAL EXPENDITURES 53,597 51,597 2018 SSD #3 BUDGET City Council Meeting of October 2, 2017 (Item No. 6a(III)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 3 Page 4 Attachment A Proposed Actual Actual 2018 2017 2016 PID No.Address Business Service Charge Service Charge Service Charge 06-028-24-43-0191 4500 Exc Blvd Trader Joe's $2,460 $2,896 $2,896 07-028-24-12-0047 4501 Exc Blvd Honey & Rye Bakehouse $660 $603 $603 07-028-24-12-0048 4509 Exc Blvd Lang Nelson Office $1,175 $1,243 $1,243 06-028-24-43-0191 4590 Exc Blvd Mathnasium (4) $505 07-028-24-12-0049 4601 Exc Blvd Park Blvd Office Bldg $1,646 $1,701 $1,701 07-028-24-12-0050 4611 Exc Blvd Core Power Yoga $794 $846 $846 07-028-24-12-0051 4615 Exc Blvd Judith McGrann & Friends $685 $677 $677 07-028-24-12-0052 4617 Exc Blvd Josephine's Taylors $893 $907 $907 07-028-24-12-0175 4630 Exc Blvd Excelsior & Grand, LLC $4,058 $4,131 $4,131 07-028-24-21-0009 4637 Exc Blvd Jennings Liquor $911 $931 $931 07-028-24-21-0011 4701 Exc Blvd Excelsior & Grand, LLC $1,465 $1,272 $1,272 07-028-24-21-0012 4725 Exc Blvd Excelsior Office Bldg.$1,909 $1,962 $1,962 07-028-24-21-0256 4730 Exc Blvd Excelsior & Grand, LLC $4,736 $4,787 $4,787 07-028-24-21-0514 4800 Exc Blvd Fresh Thyme $2,821 $623 $623 07-028-24-21-0252 4801 Exc Blvd Loffhagen & Son Insurance $903 $897 $897 07-028-24-21-0015 4811 Exc Blvd Latitudes/Laundromat/TC Gold & Silver $821 $834 $834 07-028-24-21-0016 4821 Exc Blvd Eastwood Properties $446 $434 $434 07-028-24-21-0017 4825 Exc Blvd Eastwood Properties $445 $446 $446 07-028-24-21-0031 4901 Exc Blvd DMM Holdings $463 $419 $419 07-028-24-21-0032 4907 Exc Blvd Tique, Inc.$402 $406 $406 07-028-24-21-0033 4911 Exc Blvd J & F Reddy Rents Inc $402 $411 $411 Totals: $28,600 $28,600 $28,600 Notes: 1) a) Commercial sidewalk snow removal charges are based on the square foot of sidewalk in front of the property. 2) 3) 4) The proposed 2018 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. In 2017 the front footages were adjusted using the new Hennepin County GIS parcel information. b) All other services charges are based on the property's front footage. The 2018 proposed budget is $51,597, a $2,000 reduction from 2017. The 2018 proposed service charge includes a transfer of approximately $23,000 from reserves to lower the service charge and maintain a proper fund balance. 2016 & 2017 the charges for 4500 Exc Blvd and 4590 Exc Blvd were assessed to 4500 Excelsior Boulevard (same owner). City Council Meeting of October 2, 2017 (Item No. 6a(III)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 3 CITY OF ST. LOUIS PARK Special Service District #3 Estimated Annual Cost Per Parcel Proposed 2018 Service Charge Page 5 GRANDWAYNATCHEZAVESOTTAWAAVESMONTEREYAVES39T H STWVALLACHERAVEPRI NCET ONAVESMERI DI ANL NP A R K C OM M ON S D R W O L F E PKWYM O N T E R E Y D R LYNNAVESPRI NCET ONL NE X CE LS IO R B LV D 0 4730 4630 4900 4725 4601 4509 4701 4811 4611 4501 4801 4617 4637 4615 4911 4760 3825 48214825 4907 4901 Special Service District No.3 Excelsior Boulevard Legend Sidewalk Snow Removal SSD 3 Parcels± 8/13/2013 pcw City Council Meeting of October 2, 2017 (Item No. 6a(III)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 3 Page 6 Meeting: City Council Meeting Date: October 2, 2017 Public Hearing Agenda Item: 6a(IV) EXECUTIVE SUMMARY TITLE: 2018 Budget & Property Owner Service Charges for Special Service District No. 4 RECOMMENDED ACTION: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD No.4 budget and property owner service charges? SUMMARY: The 2018 proposed budgets and service charges are similar to that of past years. Staff has recently held meetings with the property owners from each of the six districts and received their support for approving the 2018 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: The Public Works Operations budget will incur a service charge for the City-owned municipal parking lot located within this district. The proposed service charge for 2018 is $432. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Proposed 2018 Budget Proposed 2018 Service Charges Map Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 6a(IV)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 4 DISCUSSION BACKGROUND: History On October 5, 2015, the City Council approved a resolution imposing a service charge for Special Service District No. 4 (located along Excelsior Boulevard west of Highway 100 to Louisiana Avenue). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2018 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 7 and 21, 2017. The public hearing notice was sent to all property owners within the District. Special Service District No. 4 Financial Position Special Service District No. 4 has an anticipated 2018 year-end fund balance of approximately $18,586. Proposed 2018 Budget and Service Charges The Property Owners recommended approval of the following: •2018 budget amount of $25,653; no change from 2017. •2018 service charge amount of $14,653; a $7,007 increase from 2017 increase from 2017 after a detailed review of past expenditures and anticipated future expenditures. •Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Soren Mattick. Page 3 City Council Meeting of October 2, 2017 (Item No. 6a(IV)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 4 RESOLUTION NO. 17 -____ RESOLUTION APPROVING 2018 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 4 WHEREAS, pursuant to Ordinance No. 2298-05, the City Council created Special Service District No. 4 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 15-148, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2025 for taxes payable in said year; and WHEREAS, pursuant to Section 2 of Resolution No. 15-148, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 15-148, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2018 Budget for Special Service District No. 4 of $25,653 is hereby approved as recommended by the Special Service District No. 4 Advisory Board. 2.The authorized 2018 Service Charge for Special Service District No. 4 is $14,653 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Object Account Subsidiary 2017 Adopted Budget 2018 Proposed Budget EXPENDITURES 6212 - GENERAL SUPPLIES 116 125 6221 - SSD'S - IRRIGATION MATERIALS 715 - SSD'S - IRRIGATION MATERIALS 1 6224 - LANDSCAPING MATERIALS 2,500 1,500 6303 - OTHER 1 1,000 6303 - SSD -Banner replacements 680 - SSD -Banner replacements 300 500 6410 - SSD Mgmt Services 678 - SSD Mgmt Services 2,500 2,500 6550 - Civil 750 - Civil 6630 - OTHER CONTRACTUAL SERVICES 6630 - SSD Site Maintenance 773 - SSD Site Maintenance 0 6630 - SSD - Banner install/removal 774 - SSD - Banner install/removal 800 500 6630 - SSD - Irrigation services 775 - SSD - Irrigation services 2,500 2,500 6630 - SSD decorative install/maint 776 - SSD decorative install/maint 2,500 2,500 6630 - SSD - Landscape services 777 - SSD - Landscape services 10,500 10,500 6950 - LEGAL NOTICES 100 100 7106 - PUBLIC LIABILITY INSURANCE 35 27 7207 - OTHER IMPROVEMENT SERVICE 0 7207 - SSD infrastructure repair 880 - Infrastructure Repair-Internal 1,500 1,500 7207 - Infrastructure Repair-External 893 - Infrastructure Repair-External 0 7301 - ELECTRIC SERVICE 2,300 2,400 7301 - SSD pedestrian 890 - SSD pedestrian 0 8590 - BANK CHARGES/CREDIT CD FEES TOTAL EXPENDITURES 25,652 25,653 2018 SSD #4 BUDGET City Council Meeting of October 2, 2017 (Item No. 6a(IV)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 4 Page 4 CITY OF ST. LOUIS PARK Attachment A Special Service District #4 Estimated Annual Cost Per Parcel Proposed 2018 Service Charge Proposed Actual Actual 2018 2017 2016 PID No.Address Business Service Service Service Charge Charge Charge 21-117-21-24-0019 5600 Excelsior Blvd Finished Basement Company $548 $280 $353 21-117-21-24-0202 5608 Excelsior Blvd Helmut Mauer $415 $192 $242 21-117-21-24-0141 5707 Excelsior Blvd New Concepts Mgt Group $558 $248 $313 21-117-21-24-0193 5717 Excelsior Blvd LMC, Inc $482 $326 $411 21-117-21-24-0040 5720 Excelsior Blvd Holiday Stationstores Inc.$601 $312 $393 21-117-21-24-0161 5801 Excelsior Blvd MGV Holdings LLC $277 $144 $182 21-117-21-24-0066 5804 Excelsior Blvd 5804 Excelsior Blvd., LLC $341 $176 $222 21-117-21-24-0208 5809 Excelsior Blvd C.B.S. Real Est Prtnr II LLP $272 $125 $157 21-117-21-24-0067 5810 Excelsior Blvd 5812 Excelsior Blvd. Co $390 $207 $261 21-117-21-24-0185 5825 Excelsior Blvd Kil-Ben Excelsior, LLC $717 $368 $464 21-117-21-24-0083 5900 Excelsior Blvd Realty Income Props 3 LLC $487 $245 $309 21-117-21-23-0156 5916 Excelsior Blvd Rackner & Rackner $544 $271 $341 21-117-21-23-0010 5922 Excelsior Blvd Muriel B. Frederick $100 $52 $65 21-117-21-24-0195 5925 Excelsior Blvd Suntide Commercial Realty $744 $384 $484 21-117-21-23-0011 5930 Excelsior Blvd Leonard C Riley $187 $110 $139 21-117-21-23-0097 6001 Excelsior Blvd Sew What Corporation $265 $140 $177 21-117-21-23-0127 6002 Excelsior Blvd Fitrz, Inc $299 $155 $195 21-117-21-23-0128 6006 Excelsior Blvd RRK LLC $154 $80 $101 21-117-21-23-0100 6011 Excelsior Blvd Ward Properties $588 $290 $365 21-117-21-23-0155 6100 Excelsior Blvd Laurence I Meger $207 $112 $141 21-117-21-32-0006 6111 Excelsior Blvd Full Circle Equities LLC $566 $293 $370 21-117-21-23-0130 6112 Excelsior Blvd Snyder Electric Co.$309 $160 $202 21-117-21-32-0021 6121 Excelsior Blvd Hung LLC $332 $180 $227 21-117-21-32-0022 6127 Excelsior Blvd Gregory White $224 $146 $184 *6200/50 Excelsior Blvd 6200 & 6250 Excelsior Blvd $1,570 $805 $1,016 20-117-21-14-0026 6500 Excelsior Blvd Methodist Hospital $1,083 $561 $708 20-117-21-41-0009 6600 Excelsior Blvd Methodist Hospital $1,962 $1,060 $1,337 City Municipal Parking Lot City of St. Louis Park $432 $224 $282 $14,654 $7,646 $9,641 **6200 & 6250 Excelsior Blvd Charges 2018 2017 2016 21-117-21-32-0133 6200 Excelsior Blvd 101 Mark S Bloomberg $92 $47 $59 21-117-21-32-0134 6200 Excelsior Blvd 102 Charles and Janice Woodson $96 $49 $62 21-117-21-32-0135 6200 Excelsior Blvd 103 Laurie G Holasek $92 $47 $60 21-117-21-32-0136 6200 Excelsior Blvd 104 Laurie G Holasek $104 $53 $67 21-117-21-32-0137 6200 Excelsior Blvd 201 Dennis and Lois Schlutter $88 $45 $57 21-117-21-32-0138 6200 Excelsior Blvd 202 Dennis and Lois Schlutter $93 $48 $60 21-117-21-32-0139 6200 Excelsior Blvd 203 Unite Rope Holland Dist $122 $62 $79 21-117-21-32-0140 6200 Excelsior Blvd 204 Dennis and Lois Schlutter $107 $55 $69 21-117-21-32-0141 6250 Excelsior Blvd 101 Nemer Fieger & Assoc Inc $98 $50 $64 21-117-21-32-0142 6250 Excelsior Blvd 102 Lgh Properties LLC $91 $47 $59 21-117-21-32-0143 6250 Excelsior Blvd 103 Mary Keyon $99 $51 $64 21-117-21-32-0144 6250 Excelsior Blvd 104 Nemer Fieger & Assoc Inc $90 $46 $58 21-117-21-32-0145 6250 Excelsior Blvd 201 James V Fieger $96 $49 $62 21-117-21-32-0146 6250 Excelsior Blvd 202 Skads Travel Service Inc $87 $44 $56 21-117-21-32-0147 6250 Excelsior Blvd 203 James V Fieger $126 $65 $82 21-117-21-32-0148 6250 Excelsior Blvd 204 Joseph Urista $90 $46 $58 $1,570 $804 $1,541 Notes: * 1) 2) 3) Denotes properties with a single street address but have sub-units that are independently owned. The proposed 2018 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. In 2017 the front footages were adjusted using the new Hennepin County GIS information. a) All services charges are based on the property's front footage. The 2018 proposed budget is $25,652, the same as in 2017. The 2018 proposed service charge includes a transfer of approximately $11,000 from reserves to lower the service charge and maintain a proper fund balance. City Council Meeting of October 2, 2017 (Item No. 6a(IV)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 4 Page 5 COLORADOAVESZARTHANAVESZARTHANAVESBROOKSIDEAVEZARTHANAVESWEBSTERAVESWEBSTER AVE SALABAMAAVESWEBSTERAVESCOLORADOAVESL OUI SIA NA CIR DAKOTAAVES39TH ST W BROOKVIEW LN 39TH ST W 41ST ST W 41ST ST WEDGEWOODAVES BRUNSWICK AVE SWO O D D A L E A V E SBRUNSWICKAVES YOSEMITEAVESXENWOODAVESXENWOODAVESCAMBRIDGE ST YOSEMITE AVE SALABAMAAVES6200 - 6250 6500 06600 5825 5916 5925 6011 6111 5720 5707 5717 5600 5900 5608 5804 6121 5801 5810 5809 6002 6112 6127 5930 6100 6001 6006 5922 6100 5813 Special Service District No.4 Excelsior Boulevard Legend SSD 4 Parcels± 9/3/2015 pcw City Council Meeting of October 2, 2017 (Item No. 6a(IV)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 4 Page 6 Meeting: City Council Meeting Date: October 2, 2017 Public Hearing Agenda Item: 6a(V) EXECUTIVE SUMMARY TITLE: 2018 Budget & Property Owner Service Charges for Special Service District No. 5 RECOMMENDED ACTION: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 5 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD No. 5 budget and property owner service charges? SUMMARY: The 2018 proposed budgets and service charges are very similar to that of past years. Staff has recently held meetings with the property owners from each of the six districts and received their support for approving the 2018 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: None. There are no City owned properties within this district. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Proposed 2018 Budget Proposed 2018 Service Charges Map Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 6a(V)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 5 DISCUSSION BACKGROUND: History On February 2, 2009, the City Council approved a resolution imposing a service charge for Special Service District No. 5 (located along Park Place Boulevard between I-394 and Cedar Lake Road). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2018 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 7 and 21, 2017. The public hearing notice was sent to all property owners within the District. Special Service District No. 5 Financial Position Special Service District No. 5 has an anticipated 2018 year-end fund balance of approximately $7,162. Proposed 2018 Budget and Service Charges The Property Owners recommended approval of the following: •2018 budget amount of $29,900; a $1,402 increase from 2017 after a detailed review of past expenditures and anticipated future expenditures. •2018 service charge amount of $26,900; a $4,702 increase from 2017 to keep the fund reserve at the desired amount. •Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Soren Mattick. Page 3 City Council Meeting of October 2, 2017 (Item No. 6a(V)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 5 RESOLUTION NO. 17-____ RESOLUTION APPROVING 2017 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 5 WHEREAS, pursuant to Ordinance No. 2371-09, the City Council created Special Service District No. 5 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 09-021, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2019 for taxes payable in said year; and WHEREAS, pursuant to Section 2 of Resolution No. 09-021, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 09-021, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2018 Budget for Special Service District No. 5 of $29,900 is hereby approved as recommended by the Special Service District No. 5 Property Owners. 2.The authorized 2018 Service Charge for Special Service District No. 5 is $26,900 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Object Account Subsidiary 2017 Adopted Budget 2018 Proposed Budget EXPENDITURES 6212 - GENERAL SUPPLIES 113 168 6221 - SSD'S - IRRIGATION MATERIALS 715 - SSD'S - IRRIGATION MATERIALS 6224 - LANDSCAPING MATERIALS 3,000 3,900 6303 - OTHER 900 1 6303 - SSD -Banner replacements 680 - SSD -Banner replacements 1 900 6410 - SSD Mgmt Services 678 - SSD Mgmt Services 3,250 0 6630 - OTHER CONTRACTUAL SERVICES 6630 - SSD Site Maintenance 773 - SSD Site Maintenance 0 6630 - SSD - Banner install/removal 774 - SSD - Banner install/removal 2,000 1,200 6630 - SSD - Irrigation services 775 - SSD - Irrigation services 2,500 2,500 6630 - SSD decorative install/maint 776 - SSD decorative install/maint 3,200 3,500 6630 - SSD - Landscape services 777 - SSD - Landscape services 11,000 14,800 6950 - LEGAL NOTICES 100 1 7106 - PUBLIC LIABILITY INSURANCE 32 30 7207 - OTHER IMPROVEMENT SERVICE 900 1,500 7207 - SSD infrastructure repair 880 - Infrastructure Repair-Internal 1 7207 - Infrastructure Repair-External 893 - Infrastructure Repair-External 1 7301 - ELECTRIC SERVICE 1,500 1,400 7301 - SSD pedestrian 890 - SSD pedestrian 8590 - BANK CHARGES/CREDIT CD FEES TOTAL EXPENDITURES 28,498 29,900 2018 SSD #5 BUDGET City Council Meeting of October 2, 2017 (Item No. 6a(V)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 5 Page 4 Attachment A Proposed Actual Actual PID No.Address Business 2018 2017 2016 Service Charge Service Charge Service Charge 04-117-21-31-0019 1500 Park Place Blvd Doubletree Hotel $4,713 $5,026 $4,234 30-029-24-33-0031 1600 West End Blvd Shops at West End $4,656 $2,715 $2,287 04-117-21-34-0046 1620 Park Place Blvd Inland Real Estate Corp $1,070 $882 $743 04-117-21-34-0045 1650 Park Place Blvd Inland Real Estate Corp $1,261 $973 $820 04-117-21-34-0044 1690 Park Place Blvd James & Patricia Oslund $949 $792 $667 04-117-21-34-0049 1700 Park Place Blvd Costco Wholesale $839 $694 $584 30-029-24-32-0022 5320 16th St. W.Cub Foods $1,879 $792 $667 30-029-24-32-0026 5353 Wayzata Blvd Bellwether Enterprise RE Cap $1,936 $1,753 $1,477 30-029-24-33-0011 5401 Gamble Dr The Excelsior Group $3,384 $1,550 $1,305 30-029-24-33-0015 5402 Parkdale Dr The Excelsior Group $1,143 $2,801 $2,360 04-117-21-34-0043 5600 Cedar Lake Rd Inland Real Estate Corp $2,178 $1,799 $1,515 04-117-21-34-0050 5601 16th St W Inland Ryan LLC $816 $679 $572 04-117-21-31-0018 5657 Wayzata Blvd KK Corporation $1,005 $856 $721 04-117-21-34-0047 5699 16th St W Inland Real Estate Corp $1,072 $886 $746 $26,900 $22,198 $18,698 Notes: 1) 2) 3) The proposed 2018 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. In 2017 the front footages where adjusted using the new Hennepin County GIS parcel information. a) All services charges are based on the property's front footage. The 2018 proposed budget is $29,900, an increase of $1,402 from 2017. The 2018 proposed service charge includes a transfer of approximately $3,000 from reserves to lower the service charge and maintain a proper fund balance. City Council Meeting of October 2, 2017 (Item No. 6a(V)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 5 CITY OF ST. LOUIS PARK Special Service District #5 Estimated Annual Cost Per Parcel Proposed 2018 Service Charge Page 5 RIDGEDRPARKPLACEBLVDSPRINCETONAVESALABAMAAVESRIDGEDR16TH ST W OLD CEDAR L A K E R D P A R K D A L E D RPARKPLACEBLVDSCEDARLAKERDS CEDARLAKERDSCEDARLAKERDSZARTHANAVES QUENTINAVESGA MBLE DR WAYZ ATA B LVD 16TH ST W WESTENDBLVDDUKEDRUTICAAVES1600 5600 1500 5320 5353 5401 5402 5601 1700 1650 5657 1690 5699 1620 Special Service District No.5 Park Place Boulevard Legend SSD 5 Parcels± 8/13/2013 pcw City Council Meeting of October 2, 2017 (Item No. 6a(V)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 5 Page 6 Meeting: City Council Meeting Date: October 2, 2017 Public Hearing Agenda Item: 6a(VI) EXECUTIVE SUMMARY TITLE: 2018 Budget & Property Owner Service Charges for Special Service District No. 6 RECOMMENDED ACTION: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to Adopt Resolution setting the 2018 Budget and Property Owner Service Charge for Special Service District No. 6 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD No. 6 budget and property owner service charges? SUMMARY: The 2018 proposed budgets and service charges are similar to that of past years. Staff has recently held meetings with the property owners from each of the six districts and received their support for approving the 2018 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: The TIF / Admin budget will incur a service charge for the three city-owned undeveloped properties located within this district. The proposed service charge for 2018 is $2,052. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Proposed 2018 Budget Proposed 2018 Service Charges Map Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager Page 2 City Council Meeting of October 2, 2017 (Item No. 6a(VI)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 6 DISCUSSION BACKGROUND: History On June 15, 2009, the City Council approved a resolution imposing a service charge for Special Service District No. 6 (located along 36th Street W. from Wooddale Avenue to Highway 100). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2018 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 7 and 21, 2017. The public hearing notice was sent to all property owners within the District. Special Service District No. 6 Financial Position Special Service District No. 6 has an anticipated 2018 year-end fund balance of approximately $10,628. Proposed 2018 Budget and Service Charges The Property Owners recommended approval of the following: •2018 budget amount of $26,400; and increase of $1,244 from 2017 to address expected maintenance work and keep the fund reserve at the desired amount. •2018 service charge amount of $22,400; an increase of $3,245 from 2017 to address landscape replacement, irrigation costs and to increase the fund balance reserve. •Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Soren Mattick. Page 3 City Council Meeting of October 2, 2017 (Item No. 6a(VI)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 6 RESOLUTION NO. 17 - ____ RESOLUTION APPROVING 2017 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 6 WHEREAS, pursuant to Ordinance No. 2374-09, the City Council created Special Service District No. 6 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 09-078, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2019 for taxes payable in said year; and WHEREAS, pursuant to Section 2 of Resolution No. 09-078, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 09-078, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2018 Budget for Special Service District No. 6 of $26,400 is hereby approved as recommended by the Special Service District No. 6 Property Owners. 2.The authorized 2018 Service Charge for Special Service District No. 6 is $22,400 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Object Account Subsidiary 2017 Adopted Budget 2018 Proposed Budget EXPENDITURES 6212 - GENERAL SUPPLIES 149 170 6214 - OPERATIONAL SUPPLIES 6221 - SSD'S - IRRIGATION MATERIALS 715 - SSD'S - IRRIGATION MATERIALS 6224 - LANDSCAPING MATERIALS 5,500 5,500 6303 - OTHER 500 500 6410 - SSD Mgmt Services 678 - SSD Mgmt Services 2,500 0 6630 - OTHER CONTRACTUAL SERVICES 6630 - SSD Site Maintenance 773 - SSD Site Maintenance 1,000 500 6630 - SSD - Banner install/removal 774 - SSD - Banner install/removal 0 0 6630 - SSD - Irrigation services 775 - SSD - Irrigation services 2,500 3,200 6630 - SSD decorative install/maint 776 - SSD decorative install/maint 0 6630 - SSD - Landscape services 777 - SSD - Landscape services 9,700 13,500 6950 - LEGAL NOTICES 75 1 7106 - PUBLIC LIABILITY INSURANCE 30 29 7207 - OTHER IMPROVEMENT SERVICE 1 7207 - SSD infrastructure repair 880 - Infrastructure Repair-Internal 2,200 2,000 7207 - Infrastructure Repair-External 893 - Infrastructure Repair-External 1 7301 - ELECTRIC SERVICE 1,000 1,000 7301 - SSD pedestrian 890 - SSD pedestrian 8590 - BANK CHARGES/CREDIT CD FEES TOTAL EXPENDITURES 25,156 26,400 2018 SSD #6 BUDGET City Council Meeting of October 2, 2017 (Item No. 6a(VI)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 6 Page 4 Attachment A Proposed Actual Actual PID No.Address Business 2018 2017 2016 Service Charge Service Charge Service Charge 16-117-21-34-0024 3575 Wooddale Ave City of St. Louis Park $684 $585 $524 16-117-21-34-0607 3601 Wooddale Ave TowerLight Senior Living $3,877 $3,315 $2,969 16-117-21-34-0015 5500 36th St. W.SLMB LLC $498 $425 $381 16-117-21-34-0355 5600 36th St W Tammy Medina c/o KAMI Inc.$3,628 $3,103 $2,778 16-117-21-34-0073 5605 36th St W 36th Street LLC $3,452 $2,952 $2,644 16-117-21-34-0072 5701 36th St W M A Lerner & S O Lerner $1,296 $1,108 $992 16-117-21-34-0040 5708 36th St W Standal Properties Inc.$2,052 $1,755 $1,572 16-117-21-34-0071 5718 36th St W M A Lerner & S O Lerner $684 $585 $524 16-117-21-34-0077 5721 36th St W Thermetic Products $1,441 $1,232 $1,103 16-117-21-34-0038 5724 36th St W LRJ of Minnesota Ltd Partnership $684 $585 $524 16-117-21-34-0046 5727 36th St W R & SA Investment LLC $684 $585 $524 16-117-21-34-0068 5802 36th St W Standal Properties Inc.$2,052 $1,755 $1,572 16-117-21-34-0042 5814 36th St W City of St. Louis Park $684 $585 $524 16-117-21-34-0041 5816 36th St W City of St. Louis Park $684 $585 $524 $22,400 $19,155 $17,155 Notes: 1) 2) 3) The proposed 2018 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. In 2017 the front footages were adjusted using the new Hennepin County GIS parcel information. a) All services charges are based on the property's front footage. The 2018 proposed budget is $26,400, and increase of $1,244 from 2017. The 2018 proposed service charge includes a transfer of approximately $4,000 from reserves to lower the service charge and maintain a proper fund balance. City Council Meeting of October 2, 2017 (Item No. 6a(VI)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 6 CITY OF ST. LOUIS PARK Special Service District #6 Estimated Annual Cost Per Parcel Proposed 2018 Service Charge Page 5 WEBSTER AVE S35TH ST W 36TH ST W YOSEMITEAVESW O O D D A L E A V E S XENWOODAVES3601 5802 5650 5605 5650 5708 5721 5701 3575 5816 5814 5718 5724 5727 5825 5500 Special Service District No.6 West 36th Street Legend SSD 6 Parcels ± 9/23/2016 tw City Council Meeting of October 2, 2017 (Item No. 6a(VI)) Title: 2018 Budget & Property Owner Service Charges for Special Service District No. 6 Page 6 Meeting: City Council Meeting Date: October 2, 2017 Public Hearing Agenda Item: 6b EXECUTIVE SUMMARY TITLE: Lakes Venture, LLC - 3.2 Off-Sale Liquor License for Fresh Thyme Farmer’s Market and Off-Sale Intoxicating Liquor License for Fresh Thyme Liquor RECOMMENDED ACTION: Mayor to open public hearing, take public testimony, and close public hearing. Motion to approve applications from Lakes Venture, LLC dba Fresh Thyme Farmer’s Market for a 3.2 Off-Sale liquor license for the premises located at 4840 Excelsior Boulevard, Suite A and Lakes Venture, LLC dba Fresh Thyme Liquor for an Off-Sale Intoxicating liquor license for the premises located at 4840 Excelsior Boulevard, Suite B with license terms through March 1, 2018. POLICY CONSIDERATION: Do the applications meet the requirements of city code? SUMMARY: The City received applications from Lakes Venture, LLC for a 3.2 off-sale liquor license for the property located at 4840 Excelsior Boulevard, Suites A and an Off-Sale Intoxicating liquor license for the property located at 4840 Excelsior Boulevard, Suite B. The property designated as Suite A will be the Fresh Thyme Farmer’s Market, an organic grocery store. Chris Sherrell is the President/CEO of Lakes Venture, LLC and Chad Evenson will be responsible for day-to-day management of both locations. The applicant currently operates several other grocery stores in Minnesota, including Apple Valley, Bloomington, Plymouth, Savage, Vadnais Heights, and Waite Park. The applicant intends to open their St. Louis Park location on November 1st. The property designated as Suite B will be a separate liquor store known as Fresh Thyme Liquor. Currently, Fresh Thyme has separate liquor stores at their Plymouth, Vadnais Heights, and St. Cloud locations. The property is zoned PUD and the proposed use is allowed as per the terms of the previously approved PUD ordinance. A November 1st opening date is also proposed for this location. The Police Department conducted a background investigation, and nothing was discovered during the course of the investigation that would warrant denial of the license. The applications and police report are on file in the City Clerk’s office, should Council members wish to review the information. The required notice of the public hearing was published on September 21, 2017. Should Council approve the liquor license, no actual license will be issued until all requirements have been met with the City Inspections Department, Hennepin County, and the State Alcohol and Gambling Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: Fees include $500 for the background investigation and $380 for the Off-Sale Intoxicating license and $200 for the 3.2 Off-Sale liquor license. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. Prepared by: Melissa Kennedy, City Clerk Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: October 2, 2017 Public Hearing Agenda Item: 6c EXECUTIVE SUMMARY TITLE: First Reading of Ordinance Vacating Utility Easement at Shoppes of Knollwood RECOMMENDED ACTION: Mayor to open the public hearing, take testimony, and then close the public hearing. Motion to approve First Reading of Ordinance vacating a utility easement and set the Second Reading of Ordinance for October 16, 2017. POLICY CONSIDERATION: Not applicable. The city will still have its interests protected under a new easement arrangement. SUMMARY: The Shoppes at Knollwood and Chick-fil-A (CFA) are requesting the vacation of a utility easement that exists on the Shoppes at Knollwood property, and to replace it with a new utility easement located ten feet north of the vacated easement. The easement is currently located within the proposed CFA drive-thru; therefore, CFA is requesting the vacation of the easement to avoid disruption to the drive-thru if the city ha s to work on the watermain. The relocation of the easement is acceptable to the city, as the existing easement does not adequately cover the watermain it is intended to protect and provide access to. The watermain is currently located along the northern edge of the easement, instead of in the center of the easement where it should be. The proposed easement will provide proper access to the watermain by providing ten feet of easement on each side of the watermain. (See attached aerial photo.) The document granting the new easement to the city has been drafted (attached) and is currently being reviewed by the city attorney and will be finalized by Monday night’s meeting. A public hearing is required for the vacation request. The second reading is tentatively scheduled for the October 16, 2017 city council meeting, on the consent agenda. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Draft Ordinance Aerial Photo Existing and Proposed Easement Exhibits Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 6c) Page 2 Title: First Reading of Ordinance Vacating Utility Easement at Shoppes of Knollwood ORDINANCE NO._____17 AN ORDINANCE VACATING UTILITY EASEMENT 8020 State Hwy 7 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the utility easement proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on September 21, 2017,and the City Council has conducted a public hearing upon said petition and has determined that the utility easement is not needed for public purposes, and that it is for the best interest of the public that said utility easement be vacated. Section 2. The following described easement as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: All that part of the South Half of the Southeast Quarter of Section 18, Township 117 North, Range 21 West, Hennepin County, Minnesota, described as follows: A strip of land 20 feet in width lying 10 feet on each side of the following described center line: Beginning at the Northeast corner of said South Half of the Southeast Quarter; thence running West along the North line thereof a distance of 1466.4 feet; thence running South at right angles a distance of 225.43 feet; thence continuing South along the last described course a distance of 485 feet; thence running East parallel with the North line of said South Half of the Southeast Quarter 1035.17 feet; thence running North at right angles a distance of 190 feet to a point which is 520.43 feet South as measured at right angles from the North line of said South Half of the Southeast Quarter and the actual point of beginning of the center line to be described; thence running East parallel with the North line of said South Half of the Southeast Quarter to the East line of said Section 18. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Section 4. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council October 16, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney Public Hearing/First Reading October 2, 2017 Second Reading October 16, 2017 Date of Publication October 26, 2017 Date Ordinance takes effect November 10, 2017 City Council Meeting of October 2, 2017 (Item No. 6c) Page 3 Title: First Reading of Ordinance Vacating Utility Easement at Shoppes of Knollwood Aerial Photo: Chick-fil-A Site PARCEL 2LEASE PARCELP A R C E L 1LEGENDCity Council Meeting of October 2, 2017 (Item No. 6c) Title: First Reading of Ordinance Vacating Utility Easement at Shoppes of KnollwoodPage 4 PARCEL 2LEASE PARCELP A R C E L 1LEGENDCity Council Meeting of October 2, 2017 (Item No. 6c) Title: First Reading of Ordinance Vacating Utility Easement at Shoppes of KnollwoodPage 5 Meeting: City Council Meeting Date: October 2, 2017 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Resolution Requesting the Charter Commission Provide Recommendations Regarding Charter Amendments RECOMMENDED ACTION: Motion to Adopt Resolution requesting that the St. Louis Park Charter Commission provide recommendations to the City Council regarding two possible Charter amendments. POLICY CONSIDERATION: Does the City Council want to ask the Charter Commission to make a recommendation regarding two possible Charter amendments related to municipal elections? SUMMARY: On September 18, 2017 the council held a special study session to discuss the topic of Ranked Choice Voting. The council discussed the legal process that would need to be followed to change current election practices and procedures to allow for the use of Ranked Choice Voting in municipal elections. At that time council directed staff to prepare a resolution that requested the Charter Commission to make a recommendation, pursuant to M.S. 410.12, Subd. 7, as to whether the City’s Charter should be amended to provide for the use of Ranked Choice Voting in municipal elections. As discussed previously with the Council, there is also a discrepancy between the Charter and State Statute regarding the current Charter provisions related to campaign finance contribution limits. The resolution also asks the Charter Commission to provide a recommendation on this matter. FINANCIAL OR BUDGET CONSIDERATION: None at this time. Additional funds were put into the proposed 2018 budget to account for a potential increase in legal and administrative costs related to the implementation of RCV. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Melissa Kennedy, City Clerk Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 8a) Page 2 Title: Resolution Requesting the Charter Commission Provide Recommendations Regarding Charter Amendments RESOLUTION NO. 17-____ RESOLUTION REQUESTING THAT THE ST. LOUIS PARK CHARTER COMMISSION PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL REGARDING TWO POSSIBLE CHARTER AMENDMENTS WHEREAS, the City Council of the City of St. Louis Park has discussed over the last several years the use of Ranked Choice Voting (RCV) as a method to elect candidates to the city council; and WHEREAS, a majority of the members of the City Council are interested in implementing RCV for the municipal election in November, 2019; and WHEREAS, it has been determined that the City’s Charter relating to campaign finance contribution limits is in conflict with state statute. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that pursuant to M.S. 410.12, Subd. 7 the City Council requests that the St. Louis Park Charter Commission study and make a recommendation to the City Council as to whether the City’s Charter should be amended to provide for the use of RCV; and BE IT FURTHER RESOLVED that pursuant to M.S. 410.12, Subd. 7 the City Council requests the Charter Commission study and make a recommendation to the City Council as to whether the City’s Charter should be amended relating to campaign finance contribution limits. Reviewed for Administration: Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City Council Meeting Date: October 2, 2017 Action Agenda Item: 8b EXECUTIVE SUMMARY TITLE: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code RECOMMENDED ACTION: Motion to approve the first reading of an Ordinance amending the Businesses and Licenses code, and to set the second reading for October 16, 2017. POLICY CONSIDERATION: Does the City Council wish to amend the Businesses and Licenses code? A simple majority vote of the Council (4) is needed to approve the recommended motion. SUMMARY: Staff initiated a request to amend the Businesses and Licenses (Chapter 8) code. The proposed ordinance was reviewed by the City Attorney. The ordinance changes were presented to the Council in a written report and discussed by the Council in study session on August 28, 2017. The Council was supportive of the proposed amendments. The businesses and licenses code (Chapter 8) amendments include updating and harmonizing relevant definitions with Chapter 22, and adding requirements for licensed solid waste collectors to label collection containers for recycling and organics recycling used at multi-family and commercial locations. The proposed changes would take effect June 1, 2018. NEXT STEPS: If approved, the second reading will be scheduled for the October 16, 2017, Council meeting. SUPPORTING DOCUMENTS: Discussion Draft Ordinance Prepared by: Emily Barker, Solid Waste Program Specialist Reviewed by: Scott Merkley, Public Works Services Manager; Ann Boettcher, Inspections Services Manager Mark Hanson, Public Works Superintendent Cynthia S. Walsh, Director of Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of October 2, 2017 (Item No. 8b) Page 2 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code DISCUSSION A draft copy of the proposed changes is attached. Chapter 8: The following is a summary of the proposed changes in Chapter 8 that staff is prepared to discuss at this council meeting: (Pg 1 - 8) Definitions. Amending and adding several definitions in order to harmonize them with Chapter 22. Adding definitions for collection container, organic materials, recyclable materials, and yard waste. Updating definitions for bulk material container (formerly construction debris container), construction demolition debris (formerly construction demolition material), garbage, licensed solid waste collector (formerly licensed collector), and solid waste. Removing definition for refuse. (Pg 10) Collection container labeling. This ordinance amendment will require licensed solid waste collectors to label any recycling or organics recycling containers with both text and images to assist users in proper sorting. Dumpsters and carts used for recycling in commercial and multi-family buildings are often not labeled in a way that users can clearly understand which items go in which container. While many issues are at play in multi-family settings, lack of adequate signage is a significant factor. City Council Meeting of October 2, 2017 (Item No. 8b) Page 3 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code ORDINANCE NO.____-17 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODES RELATING TO BUSINESSES AND LICENSES AND SOLID WASTE MANAGEMENT THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The St. Louis Park Businesses and Licenses Code (Chapter 8), Sections 8-1, 8-138 through 8-140, and 8-213 are hereby amended to read as follows: Sec. 8-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Air contaminant means any gaseous matter or particulate matter which, when present in the outdoor atmosphere, contributes to a condition of air pollution, including, but not limited to, gases, vapors, mists, dust, soot, smoke, fumes, fly ash, cinders and odors. Air pollution means the presence in the atmosphere of one or more air contaminants, or combinations thereof, which is or may tend to be injurious to human health or welfare, or injurious to human, plant or animal life or property, or that interferes with the comfortable enjoyment of life or property or the conduct of business. Amusement arcade means a business at one location devoted primarily to the operation of mechanical or electrical amusement devices and open for public use and participation. Amusement device means a mechanical or electrical machine which, upon the insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay-off device for the return of money, coins, checks, tokens or merchandise, or which provides for no such devices, and shall include pinball machines, mechanical miniature pool tables, bowling machines, shuffleboards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey, tennis, soccer, jukeboxes and similar games, which may be used solely for amusement and not as gambling devices. Draft Businesses and Licenses Ordinance October 2, 2017 Page 1 City Council Meeting of October 2, 2017 (Item No. 8b) Page 4 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code Atmosphere means the air that envelopes or surrounds the earth. Billboard means a sign which is used for the primary purpose of selling space advertising a product, service, business or event which is not offered for sale or rent or does not take place on the premises on which the sign is located. Boardinghouse means a food and beverage service establishment where food or beverages, or both, are furnished to five or more regular boarders, whether with or without sleeping accommodations, for periods of one week or more. Bulk material container means any four-sided industry standard container including but not limited to a dumpster, tub, pod, or soft-sided dumpster bag that is used for the collection, storage or transport of construction demolition debris or solid waste in volumes larger than city-provided carts. City property means any property owned by the city, including, but not limited to, municipal buildings, parks or city rights-of-way. Collection container means any container including, but not limited to, wheeled carts, front load dumpsters, or roll-off dumpsters, designated for the collection of solid waste. Commercial entertainment establishment means an amusement arcade, when the arcade is the principal operation of the business establishment, a roller skating rink or a movie theater. Construction debris container means any roll-off four-sided steel container for temporary storage of construction and demolition materials. Construction demolition materials debris means any waste building materials, packaging and rubble resulting from the construction, repair and demolition of buildings. Courtesy bench means any bench or seat located on any public sidewalk along a street or thoroughfare or on any public right-of-way along a street or thoroughfare or on private property dedicated to public use or authorized for public use by the owner of such bench. Dog kennel means any place where four or more dogs over the age of nine weeks are kept for a period longer than 24 hours, or any business engaged in the breeding, health care, boarding or sale of dogs. Electronic delivery device means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. (Ord. No. 2454-14, §3, 9-26-14) Draft Businesses and Licenses Ordinance October 2, 2017 Page 2 City Council Meeting of October 2, 2017 (Item No. 8b) Page 5 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code Emission means the discharging, releasing, circulating, letting off, raising, liberating, freeing or sending forth into the atmosphere any air contaminant or combinations thereof. Enclosed parking facility means an enclosed building or structure, or part of a building or structure, used for parking, storage or maintenance of motor vehicles. Garbage means animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Garbage means the portion of solid waste that is not separated at the source by the generator for the purpose of reuse, recycling, or organics recycling. Health/sports establishment means a business, the primary purpose of which is health and fitness, of which massage therapy may be a subsidiary and for which the financial records of the establishment are at all times available to the city for inspection. High impact sexually-oriented business means any business with materials or entertainment provided to the public which are principally related to sexual stimulation or gratification other than a limited impact sexually-oriented business. Examples of a high impact sexually-oriented business include the following: (1) A business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, exhibited or otherwise provided for use or entertainment on business premises; (2) A business where specified sexual activities are explicitly, verbally described or shown; (3) A business where specified anatomical areas are explicitly, verbally described or shown; (4) A business providing sexually-oriented materials for off-site use or entertainment, which has a separate area but does not meet the size of other restrictions to qualify as a limited impact sexually-oriented business; and (5) A business providing sexually-oriented materials for off-site use or entertainment where the sexually-oriented materials are dispersed within the business rather than isolated in a separate area. Licensed solid waste collector means any person holding a valid license from the city who shall offer to, or engage in, the collection of solid waste in the city. Limited impact sexually-oriented business means a business where sexually-oriented materials are sold, bartered, distributed, leased, furnished or otherwise provided to the public and which meets the following restrictions: (1) All sexually-oriented materials must be provided for use or entertainment off the business premises only; Draft Businesses and Licenses Ordinance October 2, 2017 Page 3 City Council Meeting of October 2, 2017 (Item No. 8b) Page 6 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code (2) All sexually-oriented materials must be provided from a separate area to which persons under the age of 18 years are prohibited access; (3) The separate area may not exceed a maximum of 20 percent of the retail floor area of the establishment, or 300 square feet, whichever is less; (4) No person outside the separate area shall be able to perceive or observe and sexually- oriented materials at any time, including when someone is entering or exiting the separate area, shopping or purchasing sexually-oriented materials; (5) A sign must be displayed on the entrance to the separate area which shall read: "No person under the age of 18 is allowed in this area." The sign letters shall be a minimum of two inches high; and (6) The entry into the separate area shall be visible to an employee of the business at all times. Lodging means the furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or resort, other than the renting or leasing of it for a continuous period of thirty (30) calendar days or more. (Ord. No. 2396-10, 3-1-11) Massage means the rubbing, stroking, kneading, tapping or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, health care referral, relaxation, beautification and for no other purpose. Massage therapist means a person who practices or administers massage therapy. (Ord. No. 2381-10, 7-01-10) Massage therapy establishment means a place providing to the public at large massage services, other than a hospital, sanatorium, rest home, nursing home, boarding home, or other institution licensed under the provisions of M.S.A. §§ 144.50--144.69. The definition does not include the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, licensed nurses and athletic directors and trainers. Multilevel parking facility means a building or structure, or part thereof, in which a structural level other than a slab on grade is used for parking, storage, or maintenance of motor vehicles. Off-site consumption means any limited impact sexually-oriented business or any high impact sexually-oriented business where sexually-oriented materials are sold, bartered, distributed, leased, furnished or otherwise provided for use or entertainment off the business premises only. Organic materials means the portion of solid waste that is separated at the source by the generator for the purpose of food to animals, composting, or anaerobic digestion, and may include food scraps, plant materials, compostable paper, and compostable products that have been tested and verified to meet the standards in ASTM D6400 or ASTM D6868. Draft Businesses and Licenses Ordinance October 2, 2017 Page 4 City Council Meeting of October 2, 2017 (Item No. 8b) Page 7 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code On-site consumption means any high impact sexually-oriented business where sexually- oriented materials or entertainment, which is principally related to sexual stimulation or gratification, are offered on the business premises. Operator means a person who provides lodging to others, or any office, agent or employee of such person. (Ord. No. 2396-10, 3-1-11) Pawnbroker means a person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling such personal property or other valuable thing back again at a stipulated price; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this chapter shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this chapter. Peddler means any person with no fixed place of business who goes from house to house carrying or transporting goods, wares or merchandise and offering or exposing such goods, wares or merchandise for sale, or making sales and deliveries to purchasers of such goods, wares or merchandise. Person means an individual, proprietorship, partnership, corporation, association, or other legal entity. Process means any action or operation which: (1) By physical action results in a change in location, form, or physical properties of a material; (2) By chemical action results in a change in chemical composition, chemical properties, or physical properties of a material; or (3) Creates or establishes a condition or situation which produces air contaminants. Recyclable materials means the portion of solid waste that is separated at the source by the generator for the purpose of recycling, and is comprised of materials deemed recyclable by a local materials recovery facility or city solid waste staff in collaboration with local materials recovery facilities. Refuse means all wastes (except body wastes) including, but not limited to, rubbish, tin cans, papers, Christmas trees, cardboard, grass clippings, ashes, glass jars and bottles, and wood normally resulting from the operation of households or business establishments, but not including garbage, sod, dirt, rocks, cement, trees, leaves, hedge or tree trimmings, or anything one person could not lift easily. Draft Businesses and Licenses Ordinance October 2, 2017 Page 5 City Council Meeting of October 2, 2017 (Item No. 8b) Page 8 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code Residential garbage/yard sale means any sale conducted at a residential premises where the property sold consists only of items owned by the owner or renter of the premises at which the sale takes place or by friends of such owner or renter, and where the sale is conducted by the owner of the premises or friends, not by an agent or any other person to whom a commission or fee is paid. Right-of-way means the property owned by the city for the construction and maintenance of the roadway and the improvements of the roadside. Roller skating rink means any room, place, or space open to public patronage where facilities are available for roller skating, wherein the public may participate, and at which admission may be had by the public by payment, directly or indirectly, of any admission fee or price, including a fee for membership in a club, the price of food, or payment for any other form of amusement offered in or from licensed premises. Safety manual means the current edition of the Temporary Traffic Control Zone Layouts Field Manual being part of the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD). Self-service merchandising means open displays of tobacco, tobacco products, or tobacco related devices where any person shall have access to the product without the assistance or intervention of an employee of the premises maintaining the merchandising. Self-service merchandising shall not include vending machines. Sexually-oriented business means any limited impact sexually-oriented business or any high impact sexually-oriented business. Sexually-oriented materials means visual, printed or aural materials and other objects or devices which: (1) Contain, depict or describe specified sexual activities or specified anatomical areas; (2) Are marked for use in conjunction with, or are primarily used only with or during the specified sexual activities described in subsections (2), (3) or (6) of the definition of Specialized sexual activities or as part of the binding, fettering, or other physical restraint described in subsection (5) of the definition. Solicitor means any person who goes from house to house, business to business, or any kind of place to place movement for the purpose of soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. It also means any person, except for a city resident canvassing his or her neighborhood, who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or organization. (Ord. No. 2381-10, 4-30-10) Draft Businesses and Licenses Ordinance October 2, 2017 Page 6 City Council Meeting of October 2, 2017 (Item No. 8b) Page 9 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders and rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended. Solid waste means garbage, recyclable material, organic material, yard waste, appliances, bulk items and other solid waste from residential dwellings or commercial establishments, and activities thereof, that the generator of the material aggregates for collection, but does not include construction demolition materials, hazardous waste, dirt, rocks, sod, or sewage sludge. Solid waste collector means any person who shall offer to, or engage in the collection of solid waste from any public or private institution, commercial establishment, or residential dwelling located within the city. Specified anatomical areas means: (1) Less than completely and opaquely covered human genitals, pubic area, buttock, anus or female breast below a point immediately above the top of the areola; and (2) Human male genitals in a state of sexual arousal, whether or not completely or opaquely covered. Specified sexual activities means: (1) Actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; (2) Actual or simulated masturbation; (3) Actual or simulated sadism or masochism; (4) Actual or simulated sexual stimulation of any kind; (5) Situations involving a person who is nude, clad in undergarments, or in a revealing costume, and who is engaged in activities involving binding, fettering or other physical restraint of that or another person; and (6) Sexually-oriented touching of an animal by a human. Tanning equipment means ultraviolet or other lamps and equipment containing these lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. Draft Businesses and Licenses Ordinance October 2, 2017 Page 7 City Council Meeting of October 2, 2017 (Item No. 8b) Page 10 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code Tanning facility means a location, place, area, structure, or business or a part thereof which provides consumers access to tanning equipment. The term "tanning facility" includes, but is not limited to, tanning, salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment. Temporary outdoor retail sales means the outdoor sale of goods or merchandise to the general public for personal or household consumption at a single location for less than 180 days, excluding residential garage/yard sales. Tobacco means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. (Ord. No. 2454-14, §3, 9-26-14) Tobacco-related devices means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. (Ord. No. 2454- 14, §3, 9-26-14) Tobacco vending machine means any type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine. Transient merchant means any person who engages in, does, or transacts any temporary and transient business in this state, either in one locality, or in traveling from place to place in this state, selling goods, wares and merchandise; and who, for the purpose of carrying on such business, hires, leases, occupies, or uses a building, structure, vacant lot, or railroad car for the exhibition and sale of such goods, wares and merchandise. The term "transient merchant" does not include a seller or exhibitor in a firearms collector show involving two or more sellers or exhibitors. Ultraviolet radiation means electromagnetic radiation with wavelengths in air between 200 nanometers and 4oo nanometers. Yard waste means compostable plant material including grass clippings, leaves, weeds, soft garden materials, and brush and limbs under four inches in diameter and four feet in length. (Ord. No. 2181-00, § 4(16-102), 11-6-2000; Ord. No. 2198-01, § 1, 5-21-2001; Ord. No. 2381- 10, 4-30-2010; 2396-10, 3-1-2011; Ord. No. 2440-13, 5-6-13; Ord. No. 2454-14, §3, 9-26-14) Cross reference(s)--Definitions generally, § 1-2. Draft Businesses and Licenses Ordinance October 2, 2017 Page 8 City Council Meeting of October 2, 2017 (Item No. 8b) Page 11 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code Subdivision IV. Licensed Solid Waste Collector* Sec. 8-136. License required. Any person engaging in the business of solid waste collection within the city must first obtain a solid waste collector's license from the city. (Ord. No. 2181-00, § 4(16-204A.), 11-6-2000) Sec. 8-137. Vehicle identification. The applicant for a solid waste collector's license must provide proof of insurance, worker's compensation and a current list of all vehicles which will operate within the city, including company vehicle identification numbers and license plate numbers for each vehicle. Throughout the license term, the licensee must notify the city of any additional vehicles which will be operating within the city under the solid waste collector's license. (Ord. No. 2181-00, § 4(16-204B.), 11-6-2000) Sec. 8-138. Vehicle inspection. Each vehicle identified by the applicant for a solid waste collector's license that performs collection of solid waste must be issued a licensed solid waste collector vehicle decal by the city for each calendar year that the license is in effect. A decal fee for each vehicle identified on the applicant's list, which fee shall be set from time to time by the city and a schedule of such fees is listed in appendix A to this Code, must be paid each calendar year before the license will be issued. No vehicle shall be used for collection of solid waste without a valid license decal. An applicant or licensee must permit, upon request by the city, city inspection of vehicles identified under the application or license for compliance with the requirements under this section. Vehicles must comply with minimum health and safety standards throughout the license term. (Ord. No. 2181-00, § 4(16-204C.), 11-6-2000) Sec. 8-139. Additional insurance required. The contractor licensed solid waste collector shall provide proof of automobile insurance through the term of his the solid waste collector's license, including coverage for all owned and hired vehicles used for solid waste collection within the city. Limits of liability insurance should not be less than those rates as shall be set forth from time to time by the city and a schedule of such insurance rates is listed in appendix A to this Code. The policy of insurance shall provide full insurance to cover all of the contractor's operating exposure, including, but not limited to, the picking up of the materials and the operation of vehicles. Sec. 8-140. Regulations adopted. The following regulations shall apply to all solid waste collectors under the provisions of this subdivision: Draft Businesses and Licenses Ordinance October 2, 2017 Page 9 City Council Meeting of October 2, 2017 (Item No. 8b) Page 12 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code (1) Vehicles. a. Vehicles used by licensed solid waste collectors to transport solid waste over the streets and alleys of the city shall have a fully enclosed metal body which is tightly sealed and properly maintained, and such vehicles shall be operated to prevent offensive odors escaping from the vehicles, and solids or liquids from leaking, spilling, dropping or blowing from the vehicles. b. Vehicles must be kept in good repair and in a clean and sanitary condition, and shall be subject to periodic inspection by the city. c. Vehicles shall be equipped with brooms and shovels for use in sweeping up all solid waste spilled during collection or hauling. d. Vehicles must carry the name and telephone number of the licensed solid waste collector on the exterior of the vehicle. e. Vehicles must contain a tarp for use with a roll-off dumpster. (2) Collection Containers. (a) Each collection container that is provided by a licensed solid waste collector to a commercial or multi-family customer in the city for the collection of recyclable materials shall be labeled with a sign with minimum dimensions of 8 inches by 11 inches and include: (1) The universal chasing arrows recycling symbol; (2) Images depicting examples of materials accepted; and (3) The term “Recycling,” “Recycle,” or “Recyclables.” If the container is for single- sort recycling, the sign may read “Single-sort Recycling” or “Mixed Recyclables.” (b) Each collection container that is provided by a licensed solid waste collector to a commercial or multi-family customer in the city for the collection of organic materials shall be labeled with a sign with minimum dimensions of 8 inches by 11 inches and include: (1) Images depicting examples of materials accepted; and (2) The term “Organics Recycling,” “Organics for Composting,” or “Compostables.” (c) Each collection container that is provided by a licensed solid waste collector to a commercial or multi-family customer in the city must be labeled with the licensed solid waste collector’s name and phone number. (d) This subsection is effective June 1, 2018. (3) Scattering of solid waste. No person or a licensed solid waste collector shall permit or allow any of his employees to cast, spill, place, sweep or deposit anywhere within the city any solid waste in such a manner that such solid waste may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any other premises within the city. (Ord. No. 2181-00, § 4(16-204E.), 11-6-2000) Draft Businesses and Licenses Ordinance October 2, 2017 Page 10 City Council Meeting of October 2, 2017 (Item No. 8b) Page 13 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code Sec. 8-213. Amusement arcades. (a) Licensed premises defined. The term "licensed premises," as used in this section, means the room in which amusement devices are located, and when such premises are part of a building or structure in which other businesses are conducted, the licensed premises shall not be connected by more than one interior doorway or passageway to other parts of such building or structure. Such doorway or passageway shall be provided with a metal gate or grating which can be locked to secure the licensed premises during such time that use of the premises is not permitted. (b) Nuisance. No amusement arcade shall be operated so as to constitute a public nuisance. (c) Maintaining order. It shall be the responsibility of the amusement arcade licensee to maintain order on the licensed premises at all times. (d) Trash and refuse Solid waste disposal. It shall be the responsibility of the amusement arcade licensee to ensure the proper and swift disposal of trash or refuse solid waste which may accumulate on the amusement arcade site. (e) Fire hazards. It shall be the responsibility of the amusement arcade licensee to see that the licensed premises does not become overcrowded so as to constitute a hazard to the health or safety of persons in the amusement arcade. The fire marshal shall designate and post the maximum number of persons to be permitted on the licensed premises. (f) Supervision. The amusement arcade licensee shall provide a full-time attendant who is at least 21 years of age upon the licensed premises during business hours. The licensed premises shall be locked whenever such attendant is not present. (g) Alcohol, drugs and illegal activity. It is unlawful for any person operating an amusement arcade to sell, offer for sale or knowingly permit to be sold or offered for sale, or to be dispensed or consumed or knowingly brought into the amusement arcade any alcoholic beverages or narcotic drugs, or to knowingly permit any illegal activity upon the licensed premises. (Ord. No. 2181-00, § 4(16-302C.), 11-6-2000) Draft Businesses and Licenses Ordinance October 2, 2017 Page 11 City Council Meeting of October 2, 2017 (Item No. 8b) Page 14 Title: 1st Reading of Ordinance Amendment Related to the Businesses and Licenses Code SECTION 2. This ordinance shall take effect on June 1, 2018. Reviewed for Administration Adopted by the City Council October 2, 2017 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney Public Hearing/First Reading October 2, 2017 Second Reading October 16, 2017 Date of Publication October 26, 2017 Date Ordinance takes effect June 1, 2018