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HomeMy WebLinkAbout2018/11/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA NOVEMBER 19, 2018 (City Manager Harmening out) 7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY – Council chambers 1.Call to order 2.Roll call 3.Approval of minutes -- None 4.Approval of agenda and items on EDA consent calendar -- none 5.Reports -- none 7.New business 7a. Public hearing on conveyance of land and resolution authorizing a deed and temporary easement for SWLRT Recommended action: Conduct the public hearing. Motion to adopt EDA Resolution approving and authorizing execution of the quit claim deed and temporary easement needed by the Met Council for the construction and operation of the SWLRT project (Green Line Extension). 7:30 p.m. CITY COUNCIL MEETING – Council chambers 1.Call to order 1a. Pledge of allegiance 1b. Roll call 2. Presentations -- none 3.Approval of minutes -- none 4.Approval of agenda and items on consent calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5.Boards and Commissions -- none 6.Public hearings -- none 7.Requests, petitions, and communications from the public – none Meeting of November 19, 2018 City council agenda 8.Resolutions, ordinances, motions and discussion items 8a. First reading of ordinance amending city code related to the rules of conduct for municipal elections Recommended action: Motion to approve first reading of ordinance amending St. Louis Park City Code Chapter 10 related to the rules of conduct for municipal elections and to set the second reading for December 3, 2018. 8b. Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Recommended action: Motion #1: Motion to designate 15 different contractors as the lowest responsible bidders, as identified in the attached staff report, and authorize execution of contracts with those firms for the building at Westwood Hills Nature Center - Project No. 36190002. The total value of the contracts are $6,864,868.04. Motion #2: Motion to reject bid category 6B2, Southern Yellow Pine glue-lam beams. The project was bid with two options. Staff is recommending awarding 6B1, Alaskan Yellow Cedar glue-lam beams, because of the natural decay resistance of the lumber. This lumber avoids the need to use chemical sealants to preserve the wood. The 6B1 bid category is included in Motion #1. Motion#3: Motion to approve bid alternate 2B of the Westwood Hills Nature Center contract in the amount of $94,591 to upgrade the base bid frit pattern to Ornulux, a bird-friendly glass that is visually appealing to humans and effective for birds. Motion #4: Motion to approve SFI (Sustainable Forestry Initiative) certified glue-laminated beams in the amount of $13,911. 8c. Bond reimbursement resolution for Westwood Hills Nature Center Project Recommended action: Motion to adopt Resolution declaring the official intent of the City of St. Louis Park to reimburse certain expenditures from the proceeds of bonds to be issued by the city. 9. Communications – None 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 of November 19, 2018 City council agenda 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. Consent calendar 4a. Approve second reading and adopt Ordinance vacating drainage and utility easements for Lot 1, block 1, Louisiana Alignment, and to approve the ordinance summary for publication. 4b. Approve second reading and adopt Ordinance rezoning property located at 3115 Ottawa Ave S and 3100 Natchez Ave S from R-3 two-family residence to R-4 multiple-family residence zoning district, and to approve the ordinance summary for publication. 4c. Designate Classic Protective Coatings the lowest responsible bidder and authorize execution of a contract with the contractor in the amount of $939,950 for water treatment plant #6 rehabilitation- Project No. 4019-5000. 4d. Adopt Resolution approving the final plat of Louisiana Alignment Second Addition. (Requires four affirmative votes.) 4e. Adopt Resolution authorizing the award of the 2019 Arts and Culture Grants. 4f. Approve the 2019 Acceptable Materials and Exemptions list and Administrative Rules. 4g. Adopt Resolution to adopt a joint powers mutual aid agreement which provides a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota. 4h. Adopt a resolution calling for a public hearing on December 17th regarding host approval for the Yeshiva project at 4411 Minnetonka Blvd and 3115 Ottawa Ave South to be financed with revenue bonds to be issued by the City of Medina. 4i. Planning commission meeting minutes of October 3, 2018. 4j. Planning commission meeting minutes of October 17, 2018. Meeting: Economic development authority Meeting date: November 19, 2018 Public hearing: 7a Executive summary Title: Public hearing on conveyance of land and resolution authorizing a deed and temporary easement for SWLRT Recommended action: Conduct the public hearing. Motion to adopt EDA Resolution approving and authorizing execution of the quit claim deed and temporary easement needed by the Met Council for the construction and operation of the SWLRT project (Green Line Extension). Policy consideration: Are the proposed in-kind property contributions to the SWLRT project consistent with the EDA’s desire to support the SWLRT project, and facilitate the economic well-being of the city? Summary: The deed transferring EDA property located at the Wooddale Ave SWLRT station; and, the temporary easement across the 4601 Hwy 7 property located by the Beltline Blvd. station, are necessary for the construction and operation of the SWLRT project. Approval of these documents has been anticipated since the city agreed to provide in-kind land contributions to the SWLRT project in the summer/fall of 2016. The deed and easement documents were prepared by the Met Council and reviewed by city staff and the city attorney. They are recommended for EDA approval. On November 7, 2018 the planning commission as required by Minnesota Statutes adopted Resolution No. 95 finding that the “sale” of the EDA parcel to the Met Council is consistent with the comprehensive plan. These EDA actions are two of four in-kind contributions the City previously agreed to provide. The other two actions are regarding an easement and quit claim deed for property the city owns at the Park Glen Water Tower site. These contributions are needed to accommodate the traction power sub-station (TPSS) for SWLRT to be located near the water tower. City council action will be requested to complete those contributions at a future date. Financial or budget considerations: None. The city agreed to provide the property and easements needed by the SWLRT project as an in-kind contribution to the SWLRT project. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: EDA resolution Prepared by: Kevin Locke, Community Development Specialist Reviewed by: Greg Hunt, Economic Development Coordinator Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager/Executive Director Economic development authority meeting of November 19, 2018 (Item No. 7a) Page 2 Title: Public hearing on conveyance of land and resolution authorizing a deed and temporary easement for SWLRT St. Louis Park Economic Development Authority EDA Resolution No. 18-___ Resolution approving a deed and temporary easement to EDA properties for the Met Council for the SWLRT Project (Green Line extension) Whereas, the City of St. Louis Park (City) and its Economic Development Authority (EDA) have been working with the Metropolitan Council, host cities, public agencies and public transit funders in planning for the Southwest Light Rail Transit Project (Project); and, Whereas, the Project is an approximately 14.4 mile extension of the METRO Green Line, which would operate from downtown Minneapolis through the cities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie; and, Whereas, implementation of the SWLRT Project is in the best interest of the EDA and the City; and, Whereas, the Metropolitan Council, as part of its Project planning and design responsibilities, identified properties and right-of-way that is needed for the construction and operation of the Project; and, Whereas, on July 8, 2015, the Metropolitan Council adopted a revised proposed Project scope that identifies right-of-way currently owned by the city and the EDA as a component of the proposed Project; and, Whereas, the Federal Transit Administration signed the Record of Decision on July 15, 2016, determining that the requirements of the National Environmental Policy Act of 1969 (NEPA) have been satisfied. On August 10, 2016, the Metropolitan Council determined the Final EIS for Project is adequate, concluding the state environmental review process for the Project under Minnesota Rules chapter 4410; and, Whereas, the Project has identified land owned by the EDA to be used as an In-Kind Land contribution per 49 CFR 18.24(f). This land is located in the city at the Wooddale Avenue SWLRT station and the Beltline Blvd. station area; and, Whereas, the City, the EDA, our residents, businesses, and workers would benefit from the Project as it will provide an attractive transportation option for residents and workers, and increase redevelopment opportunities which could strengthen the city’s tax base and expand employment opportunities; and, Whereas, the EDA wishes to assist the Metropolitan Council in its preparation of appropriate Project budget documents for its pursuit of federal funding for the Project, and Economic development authority meeting of November 19, 2018 (Item No. 7a) Page 3 Title: Public hearing on conveyance of land and resolution authorizing a deed and temporary easement for SWLRT thereby to the extent required, wishes to transfer the referenced property rights of the EDA to the Metropolitan Council; and, Whereas, a deed and a temporary easement document have been prepared for the transfer of property rights from the EDA to the Met Council for the property the Met Council needs for the implementation and operation of SWLRT Project; and, Whereas, on November 7, 2018, the Planning Commission of the City reviewed the proposed conveyance of the property and found that such conveyance is consistent with the City’s comprehensive municipal plan; and, Whereas, on the date hereof, the EDA has held a duly-noticed public hearing on the proposed conveyance of the property, at which all interested persons were given an opportunity to be heard; Now therefore be it resolved, after due consideration, that the St. Louis Park Economic Development Authority hereby approves and authorizes the conveyance of the property described in the attached deed and temporary easement needed by the Met Council for the construction and operation of the SWLRT Project, and authorizes execution of such documents by the president and executive director. Reviewed for administration: Adopted by the Economic Development Authority November 19, 2018 Thomas K. Harmening, Executive Director Steve Hallfin, President Attest: Melissa Kennedy, Secretary Meeting: City council Meeting date: November 19, 2018 Consent agenda item: 4a Executive summary Title: Second reading of ordinance vacating drainage and utility easements for Lot 1, Block 1, Louisiana Alignment Recommended action: Motion to approve second reading and adopt Ordinance vacating drainage and utility easements for Lot 1, block 1, Louisiana Alignment, and to approve the ordinance summary for publication. Policy consideration: Are the drainage and utility easements needed for public purposes? Summary: The city proposes to vacate drainage and utility easements that are located around the perimeter of Lot 1, Block 2, Louisiana Alignment. Approval of the final plat of Louisiana Alignment Second Addition is also on the November 19, 2018 city council consent agenda. The final plat includes new drainage and utility easements over all existing and anticipated utilities. The easement vacation and the easements proposed in the Louisiana Alignment Second Addition were reviewed by staff and recommended for approval. The city council voted to approve the first reading of this ordinance on November 5, 2018. Financial or budget considerations: None. Strategic priority consideration: Not applicable. Supporting documents: Ordinance Ordinance summary for publication 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 November 19, 2018 (Item No. 4a) Page 2 Title: Second reading of ordinance vacating drainage and utility easements for Lot 1, Block 1, Louisiana Alignment Ordinance No. ___-18 An ordinance vacating drainage and utility easements located on Lot 1, Block 2, Louisiana Alignment The City of St. Louis Park does ordain: Whereas, the petition by the City to vacate drainage and utility easements located on Lot 1, Block 2, Louisiana Alignment has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on October 25, 2018 and the city council has conducted a public hearing upon said petition and has determined that the easement is not needed for public purposes, and that it is for the best interest of the public that said easement be vacated. Section 1: The following described drainage and utility easements as now dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated: All of the dedicated drainage and utility easements over, under and across Lot 1, Block 2, Louisiana Alignment, according to the recorded plat thereof, Hennepin County, Minnesota Section 2. 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 3. This Ordinance shall take effect fifteen days after its publication. Reviewed for administration: Adopted by the City Council November 19, 2018 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 November 5, 2018 Second Reading November 19, 2018 Date of Publication November 29, 2018 Date Ordinance takes effect December 14, 2018 City council meeting of November 19, 2018 (Item No. 4a) Page 3 Title: Second reading of ordinance vacating drainage and utility easements for Lot 1, Block 1, Louisiana Alignment Summary for publication Ordinance No. ___-18 An ordinance vacating drainage and utility easements This ordinance states that portions of drainage and utility easements for Lot 1, block 1, Louisiana Alignment will be vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council November 19, 2018 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: November 29, 2018 Meeting: City council Meeting date: November 19, 2018 Consent agenda item: 4b Executive summary Title: Second reading of ordinance regarding rezoning Yeshiva of Minneapolis Recommended action: Motion to approve second reading and adopt Ordinance rezoning property located at 3115 Ottawa Ave S and 3100 Natchez Ave S from R-3 two-family residence to R-4 multiple-family residence zoning district, and to approve the ordinance summary for publication. Policy consideration: Does city council support rezoning the properties as proposed? Summary: The applicant, Yeshiva of Minneapolis, requests a rezoning of their property from R- 3 two-family residence to R-4 multiple-family residence. The rezoning is required to accommodate an expansion of the existing school which includes additional dorm rooms that will increase an increase the capacity of students living on-site from 50 students to 175. The R-3 two-family district allows a maximum of 50 students living on-site, therefore, rezoning to R-4 multiple-family residence which allows up to 200 students is required. The city council voted to approve the first reading of this ordinance on November 5, 2018. Financial or budget considerations: None. Strategic priority consideration: Not applicable. Supporting documents: Ordinance Ordinance summary for publication 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 Page 2 City council meeting of November 19, 2018 (Item No. 4b) Title: Second reading of ordinance regarding rezoning Yeshiva of Minneapolis Ordinance No. ___-18 Ordinance amending the St. Louis Park ordinance code changing boundaries of zoning districts 3115 Ottawa Avenue South 3100 Natchez Avenue South The City of St. Louis Park does ordain: Whereas, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 18-51-Z). Section 1. The St. Louis Park zoning ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: Lots 1, 2, 3, 4, 5 and 6; that part of Lots 7 and 8 lying Northerly of State Highway Number 7, except the South five feet of said Lot 8; that part of Lot 21 lying Northerly of a line drawn from a point in a line 15 feet East of and parallel to the West line of Block 2, and five feet North of the South line of said Lot 21, thence Southeasterly a distance of 15.81 feet to the South line of said Lot 21 and there terminating; except the West 15 feet of said Lot 21; and Lots 22, 23, 24, 25, 26, 27, and 28, except the West 15 feet of said Lots 22 through 28; all in Block 2, Mazey & Langan's Addition to St. Louis Park; together with that part of the alley in said Block 2, Mazey & Langan's Addition to St. Louis Park, vacated by Ordinance No. 1245 adopted September 24, 1973, filed October 4, 1973, as Document No. 4045994 (Abstract), and filed October 9, 1973, as Document No. 1088035 (Torrens), lying Northerly of State Highway 7 and Southerly of the Westerly extension of the North line of Lot 1, said Block 2. Hennepin County, Minnesota Abstract Property Torrens Property from R-3 Two-Family Residence to R-4 Multiple-Family Residence Section 2. The contents of planning case file 18-51-Z are hereby entered into and made part of the public hearing record and record of decision for this case. Page 3 City council meeting of November 19, 2018 (Item No. 4b) Title: Second reading of ordinance regarding rezoning Yeshiva of Minneapolis Section 3. This ordinance shall take effect upon Metropolitan Council review of an associated Comprehensive Plan amendment. Reviewed for administration: Adopted by the City Council November 19, 2018 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to form and execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney First Reading November 5, 2018 Second Reading November 19, 2018 Date of Publication November 29, 2018 Date Ordinance takes effect Upon Metropolitan Council review of associated Comprehensive Plan amendment Page 4 City council meeting of November 19, 2018 (Item No. 4b) Title: Second reading of ordinance regarding rezoning Yeshiva of Minneapolis Summary for publication Ordinance No. ____-18 An ordinance amending the St. Louis Park Ordinance Code relating to zoning 3115 Ottawa Avenue South 3100 Natchez Avenue South This ordinance states that the zoning map pertaining to the referenced properties shall be amended from R-3 Two-family residence to R-4 multiple-family residence. This ordinance shall take effect upon Metropolitan Council review of an associated Comprehensive Plan amendment. Adopted by the City Council November 19, 2018 Jake Spano /s/ Mayor Published in St. Louis Park Sailor: November 29, 2018 Meeting: City council Meeting date: November 19, 2018 Consent agenda item: 4c Executive summary Title: Bid tabulation: Rehabilitation of water treatment plant #6, Zarthan Avenue - project no. 4019-5000 Recommended action: Motion to designate Classic Protective Coatings the lowest responsible bidder and authorize execution of a contract with the contractor in the amount of $939,950 for water treatment plant #6 rehabilitation- Project No. 4019-5000. Policy consideration: Does the city council wish to continue to move forward with making these necessary improvements to the city’s water system? Summary: A total of three bids were received for this project. Please see bid results below. CONTRACTOR Schedule No.1 Schedule No.2 (Alternate Bid) Classic Protective Coatings $ 739,975.00 $ 939,950.00 Viking Industrial Painting $ 931,000.00 $1,020,000.00 TMI Coatings $1,118,800.00 $1,487,800.00 Champion Coatings $1,256,500.00 $1,197,500.00 This project involves a full reconditioning of the interior wet area of the tank to replace the failing coating and bring it into compliance with current requirements. A review of the bids indicates Classic Protective Coatings submitted the lowest base bid. Staff found the bid for Schedule No.2 which includes the alternate bid of the geodesic domed roof, is below the estimated costs. Staff recommends that a contract be awarded for Schedule No. 2 (alternate bid). In reviewing the qualifications of Classic Protective Coatings, staff determined the contractor meets the requirements of the specifications and are qualified to do the work in the proposal. Therefore, staff recommends that a contract be awarded to Classic Protective Coatings in the amount of $939,950. Financial or budget considerations: This project was planned for and included in the City’s Capital Improvement Program (CIP) for 2019. This project will be paid for using water utility funds. Strategic priority consideration: Not applicable. Supporting documents: Discussion Prepared by: Aaron Wiesen, Project Engineer Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City council meeting of November 19, 2018 (Item No. 4c) Page 2 Title: Bid tabulation: Rehabilitation of water treatment plant #6, Zarthan Avenue - project no. 4019-5000 Discussion Background: Bids were received on November 13, 2018 for the water treatment plant #6, rehabilitation project. This water treatment plant is located at 4231 Zarthan Avenue. The existing coating on the tank was installed in 1998 and is no longer effective. A full reconditioning of the interior wet area of the tank is required to replace the failing coating and bring it into compliance with current requirements. Water tank coatings are expected to last 20 to 25 years with minor maintenance. The existing coating on the tank has not received major work for 20 years. An inspection completed in 2017 revealed that the coating is failing and needs replacement. Replacing the coating at this time will extend the life of the reservoir. An advertisement for bids was published in the St. Louis Park Sun-Sailor on October 25, 2018. In addition, plans and specifications are noticed on the City Website and are made available electronically via the internet by our vendor QuestCDN.com. Email notification was provided to five minority associations. Present considerations: Staff has analyzed the bids and determined that Classic Protective Coatings is a qualified contractor that can complete this work per the contract documents. Based on the low bid received, cost details are as follows; this project is paid for using water utility funds: CIP Low Bid Construction Cost $1,200,000.00 $ 939,950.00 Engineering & Administration $ 84,000.00 $ 140,992.50 Total $1,284,000.00 $1,080,942.50 Due to the nature of our construction projects, unexpected costs do come up. To address this, past practice has been to show a contingency for all aspects of the project. What follows is a table that shows this 10% contingency and how this would affect the project costs. Engineering has reviewed these contingency costs with the chief financial officer. If overruns occur there is adequate funds to cover these costs. Low Bid Contingency (10%) Engineering (15%) Total Watermain $939,950.00 $93,995.00 $140,992.50 $1,174,937.50 Next steps: Construction is anticipated to begin in May 2019 and should be completed by August of 2019. Meeting: City council Meeting date: November 19, 2018 Consent agenda item: 4d Executive summary Title: Final plat Louisiana Alignment Second Addition Recommended action: Motion to adopt Resolution approving the final plat of Louisiana Alignment Second Addition. (Requires four affirmative votes.) Policy consideration: Is the final plat in substantial conformity with the approved preliminary plat? Summary: Crown Castle requests approval of a final plat to combine two city owned lots located at 7180 and 7200 Lake Street West. Crown Castle is the lease holder of approximately 1,000 square feet of land that straddles the existing property line between the two lots. The purpose of the lease is to operate the existing communication tower. There are currently two cellular providers located on the communication tower. Crown Castle would like to add a third provider. The third provider is relocating from a communication tower currently located approximately 1,500 feet to the southeast on Oxford Street. That communication tower will be removed as a result of the Southwest Light Rail Transit (SWLRT) project. Facilitating the expansion of the communication tower at this location by combining the properties will allow an existing cellular provider to continue providing service to residents and businesses in the City of St. Louis Park. Additionally, it will prevent a new communication tower from being constructed elsewhere in the city which is consistent with a zoning ordinance requirement prioritizing co-location of antennas on existing communication towers over construction of new communication towers. The preliminary plat was approved by the city council on July 16, 2018. City staff finds the final plat is in substantial conformance with the approved preliminary plat. Financial or budget considerations: All costs associated with the platting of the city owned lots is being paid by Crown Castle. Strategic priority consideration: Not applicable. Supporting documents: Discussion Resolution Final plat 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 November 19, 2018 (Item No. 4d) Page 2 Title: Final plat Louisiana Alignment Second Addition Discussion Background: Crown Castle requests a final plat to combine two city owned lots. The lots, 7180 and 7200 shown below, are improved with a stormwater retention pond, municipal water treatment facility, a municipal well and a privately owned communication tower. Present considerations: The final plat proposes one lot that will contain all the improvements listed above. It also proposes dedication of right-of-way for Louisiana Avenue. Below is the preliminary plat that was approved on July 16, 2018. City council meeting of November 19, 2018 (Item No. 4d) Page 3 Title: Final plat Louisiana Alignment Second Addition Resolution No. 18-___ Resolution approving the Final Plat of Louisiana Alignment Second Addition Whereas, Crown Castle, subdivider, and City of St. Louis Park, owner, of the land proposed to be platted as Louisiana Alignment Second Addition, have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. Whereas, the proposed final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. Whereas, the proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Lot 1, Block 2, Louisiana Alignment and, Outlot B, Louisiana Alignment Now therefore be it resolved the proposed final plat of Louisiana Alignment Second Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: 1. The existing 10 foot drainage and utility easement located around the perimeter of Lot 1, Block 2, Louisiana Alignment, be vacated prior to recording the Final Plat. 2. Upon approval of the final plat, the applicant shall provide a $3,000 financial security in the form of a cash escrow or letter of credit to insure that a signed Mylar copy of the plat is provided to the city and that the irons are installed as indicated by the final plat. It is further resolved that the Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth above and the St. Louis Park Ordinance Code have been fulfilled. The City Clerk is instructed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26- 123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. City council meeting of November 19, 2018 (Item No. 4d) Page 4 Title: Final plat Louisiana Alignment Second Addition The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council November 19, 2018 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk WIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | Environmental© 2018 WIDSETH SMITH NOLTINGLOUISIANA ALIGNMENT SECOND ADDITIONSHEET 1 OF 2 SHEETSR.T. DOC. NO.REVISED: 10/5/18SUBJECT TO CHANGEUNCHECKED PLAT City council meeting of November 19, 2018 (Item No. 4d) Title: Final plat Louisiana Alignment Second AdditionPage 5 S.T.H. NO. 7LAKEST.W.TEXAS AVE. S LOUISIANA AVE. SDAKOTA AVE. S BLVDMINNETONKACITYOFST.LOUISPARKLOUISIANA AVENUE SOUTHL O T 1B L O C K 1S46°35'26"E 122.67N79°10'00"E 354.46N29°22'08"E38.51N14°26'53"W 159.18N60°37'52"W29.36S64°44'18 "W 432 .16WIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | Environmental© 2018 WIDSETH SMITH NOLTINGLOUISIANA ALIGNMENT SECOND ADDITIONSHEET 2 OF 2 SHEETSR.T. DOC. NO.REVISED: 10/5/18SUBJECT TO CHANGEUNCHECKED PLAT 0SCALE ( IN FEET )2040NORTHTHE NORTHERLY LINE OF OUTLOT B,LOUISIANA ALIGNMENT IS ASSUMED TOBEAR N79°10'00"E= DENOTES 1/2 INCH DIAMETER IRON PIPEMONUMENT SET AND MARKED LS 49021VICINITY MAPNORTHNO SCALESITE= DENOTES A SET MAGNETIC NAILDRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:BEING 10 FEET IN WIDTH, ADJOININGLOT LINES AND RIGHT OF WAY LINESUNLESS OTHERWISE SHOWNSEC. 17, TWP. 117 N, RNG. 21 WCity council meeting of November 19, 2018 (Item No. 4d) Title: Final plat Louisiana Alignment Second AdditionPage 6 Meeting: City council Meeting date: November 19, 2018 Consent agenda item: 4e Executive summary Title: Award of the 2019 Arts and Culture Grants Recommended action: Motion to adopt Resolution authorizing the award of the 2019 Arts and Culture Grants. Policy consideration: Are the activities proposed to be funded by the 2019 grant program in keeping with the city council’s expectations? Summary: The council has supported the annual Arts and Culture Grant program since its inception in 2006. The grant program is intended to fund art projects and cultural activities that build bridges between artists and communities, engages people in creative learning and promotes artistic production and cultural experiences in St. Louis Park. This program is funded through the city’s budget process. St. Louis Park Friends of the Arts provides technical assistance. The grant committee is comprised of the St. Louis Park Community Foundation, Friends of the Arts, city staff, Discover St. Louis Park and community members. The committee reviewed the applications and identified applicants whose proposals best met the objectives and are compatible with the council’s strategic direction for arts and culture. For the 2019 grant process, thirteen applications were received. The following five best met the criteria and were recommended for approval: Alysha Boie: $4,225 to be used for the second annual St. Louis Park Arts and Craft Fair at the ROC in fall 2019. Nicole Rash: $4,670 to be used for a Southeast Asian cultural performance at The Final Sunday Market at the end of September 2019. Frank Freedman: $950 to be used for the establishment of a “Community Storytelling Forum”. Performer Phil Productions: $5,500 to be used for the production of “The President and the Space Lady Holiday Musical” in fall 2019. SLP Nest (Lara Cleveland): $4,655 to be used for establishment of the SLP Nest 2019 Student Art and Music Series that will take place at the SLP Nest. Financial or budget considerations: $20,000 is budgeted in the Development Fund for 2019. The total recommended amount for art projects in 2019 is also $20,000. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution Prepared by: Lisa Abernathy, Recreation Supervisor Reviewed by: Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City council meeting of November 19, 2018 (Item No. 4e) Page 2 Title: Award of the 2019 Arts and Culture Grants Resolution No. 18-___ Resolution authorizing award of St. Louis Park Arts and Culture Grants to Alysha Boie, Nicole Rash, Frank Freedman, Performer Phil Productions and the SLP Nest Whereas, the City of St. Louis Park created this program in 2006 with the assistance of Friends of the Arts and the St. Louis Park Community Foundation to create and support a grant program to fund art projects and cultural activities that build bridges between artists and communities, engage people in creative learning, and promote artistic production and cultural experiences in St. Louis Park; and Whereas, thirteen applicants responded to the call for proposals and were evaluated by a committee comprised of representatives of the St. Louis Park Community Foundation, Friends of the Arts, city staff, Discover St. Louis Park and community members; and Whereas, the committee recommends the city council fund five (5) grant proposals for a total of $20,000. Now therefore be it resolved that the City Council of the City of St. Louis Park, Minnesota, authorizes execution of grant agreements with the following organizations based on the review committee’s recommendations and the applicants’ proposals: 1.Alysha Boie is awarded a maximum of $4,225. 2.Nicole Rash is awarded a maximum of $4,670. 3.Frank Freedman is awarded a maximum of $950. 4.Performer Phil Productions is awarded a maximum of $5,500. 5.SLP Nest (Lara Cleveland) is awarded a maximum of $4,655. Reviewed for Administration: Adopted by the City Council November 19, 2018 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City council Meeting date: November 19, 2018 Consent agenda item: 4f Executive summary Title: 2019 Zero Waste Packaging Acceptable Materials and Exemptions List and Administrative Rules Recommended action: Motion to approve the 2019 Acceptable Materials and Exemptions list and Administrative Rules. Policy consideration: Does council wish to approve the 2019 Acceptable Materials and Exemption List and Administrative Rules? Summary: The Zero Waste Packaging ordinance went into effect on January 1, 2017. Each year staff review items that will be temporarily exempt (allowed), even though they are not recyclable or compostable, as well as administrative rules to guide implementation of the ordinance. The proposed 2019 Acceptable Materials and Exempt List includes three items previously exempted: 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.Portion cups (two ounce or smaller) and lids: rigid polystyrene (#6) The reasons for each exemption are provided in detail in the discussion. In 2017 and 2018, there were four items on the exempt list. Staff is recommending that Polystyrene (#6) hot cup lids be removed from the exempt list because there are now compliant compostable alternatives available. The removal of lids is consistent with what is being done by Minneapolis. The proposed 2019 Administrative Rules include an update to the rule about catering and a clarification about co-location of containers. For catering, most will still be exempt, unless it is taking place at a city-owned facility with organics and recycling collection available. For co- location of containers, it was further clarified that the co-location requirement applies to events as well. Financial or budget considerations: None. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion 2019 Zero Waste Packaging Acceptable Materials and Exemptions List 2019 Administrative Rules Prepared by: Emily Barker, Solid Waste Specialist Reviewed by: Scott Merkley, Public Works Services Manger Mark Hanson, Public Works Superintendent Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City council meeting of November 19, 2018 (Item No. 4f) Page 2 Title: 2019 Zero Waste Packaging Acceptable Materials and Exemptions List and Administrative Rules Discussion Background: The Zero Waste Packaging (ZWP) ordinance went into effect on January 1, 2017. The ordinance requires that restaurants and food trucks utilize packaging that is recyclable or compostable and have appropriate waste disposal options for items used on-site (in-house). Since 2017, city staff have prepared a list of temporarily exempt items that are not recyclable or compostable but which are being allowed due to limited compliant alternatives. In addition, Administrative Rules are written to clarify certain aspects of the ordinance. These are reviewed annually and presented to council. Present considerations: In preparation for 2019, staff have reviewed the current temporary exemptions and administrative rules and are proposing changes to both. Exemptions: For 2019, staff proposes to keep three of the same acceptable material exemptions from 2018, while discontinuing the exemption for one material. The exemptions for the three materials proposed to remain, and the reasoning, are as follows: 1.Paper food wraps: plastic or foil-lined wrappers (e.g. fast food wrappers) used mostly for sandwiches, burgers, tacos and similar items are not compostable due to a plastic or foil layer. Most 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: these plastic-lined paper, fold-top style (e.g. Chinese takeout boxes) have 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 restaurants that use them. 3.Portion cups (two ounce or smaller) and lids: compliant alternatives are available for the rigid polystyrene (#6, PS), 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. Many 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. The material that the exemption is being discontinued for and the reasoning, is as follows: 1.Hot cup lids (#6 polystyrene): it is recommended this exemption end May 1, 2019. Compliant options have become more available and several local establishments have already made the switch to recyclables (#5 polypropylene) or compostable options. In addition, under the “Green to Go” ordinance, the City of Minneapolis intends to end their exemption on hot cup lids (as well as hot cups) in April 2019. We believe City council meeting of November 19, 2018 (Item No. 4f) Page 3 Title: 2019 Zero Waste Packaging Acceptable Materials and Exemptions List and Administrative Rules consistency between our cities will be easier for residents and businesses to understand what can and can’t be recycled or composted. The changes to exemptions were sent to the Zero Waste Packaging email distribution list maintained by city staff on October 29, 2018, with a request for comments or questions due by November 5, 2018. A reminder was then sent on November 2. As of November 8, three responses had been received; two from packaging providers in regard to compliant items they sell and one from a waste hauler stating no comment. No feedback was received from any of the impacted restaurants or other entities. Administrative Rules: City staff also proposes an update to the Administrative Rules, specifically in relation to catering activities and co-location of containers. 1.Catering activities have thus far been exempted, given the nature of catering often being provided by food establishments from outside the city. In 2019, this exemption will remain in place for catering at locations that are not city-owned. For any catering taking place at city-owned facilities where organics and recycling is available, caterers who provide single-use food service items will need to ensure they are in compliance with the ordinance. This applies to city-sponsored events or private events. This same expectation has been in place for food trucks from the beginning and is a reasonable expectation for catering at city-owned facilities. This will ensure that event locations such as the ROC and the Rec Center Banquet Room are minimizing trash generated during events. 2.Co-location of containers is a best practice and has been required in past Administrative Rules. The 2019 rules clarify that the co-location requirement includes containers used at events where food vendors impacted by the ordinance are present. This is not a one- to-one requirement, but a requirement that any recycling and/or organics containers that are made available to event attendees must be co-located with trash to reduce contamination and maximize recycling and composting. Next steps: Once the 2019 Acceptable Materials and Exemption list and Administrative Rules are approved, they will be shared with impacted businesses. In addition, work has already begun with city staff who plan and coordinate events to ensure more consistent messaging to outside parties and compliance with the ZWP Ordinance. The city is hosting a Minnesota GreenCorps member through August 2019. The primary focus for the GreenCorps member is event recycling, so all changes will be incorporated into that individuals work as well. 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 Zero Waste Packaging Ordinance 2019 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 through December 31, 2019. 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.Portion cups (two 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. November 19, 2018 City council meeting of November 19, 2018 (Item No. 4f) Title: 2019 Zero Waste Packaging Acceptable Materials and Exemptions List and Administrative Rules Page 4 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 Zero Waste Packaging Ordinance Administrative Rules City Code Ch. 12, Article VI Effective January 1, 2019 1.Catering activities Section 12.202(b) defines food establishments by using the Hennepin County Code of Ordinances, Chapter 3.3.1. Caterers are included in this definition and are thus required to comply with the ordinance. However, due to the fact that catering is often provided by licensed food establishments from outside the city at event locations that are not normally impacted by the ordinance, the Public Works Division created an administrative rule temporarily exempting catering activities. Most catering activities occurring in the City of St. Louis Park will continue to be temporarily exempt until January 1, 2020. However, catering activities taking place at city-owned facilities where both recycling and organics are available will need to be in compliance. “Catering activities” means the preparation of food under contract in support of an event such as a reception, party, luncheon, conference, ceremony or trade show. 2.Hospitals and nursing homes Section 12.203(a)(1) establishes that the activities regulated by the ordinance are those that include selling or conveying at retail. The Public Works Division determined that food and beverage service provided through patient care at hospitals and nursing homes are outside the scope of the ordinance. However, cafeterias and other eateries at hospitals and nursing homes which sell food and/or beverages and are open to staff and guests must be in compliance. 3.Co-location of containers Section 12.203(b) requires that recycling and/or organics collection is provided for packaging that is used on-site. The Public Works Division has created an administrative rule further defining where these receptacles must be made available. a.If garbage receptacles are available to customers “front-of-house,” then recycling and/or organics containers must also be provided for customers in the same location. b.If garbage receptacles are not accessible to customers and are instead placed “back-of- house” for use by staff, then recycling and/or organics receptacles are only required at “back-of-house.” In other words, recycling and/or organics collection containers must be co-located with garbage containers that are available to customers and/or staff for discarded packaging. This includes containers utilized at events where food vendors impacted by the ordinance are present. City council meeting of November 19, 2018 (Item No. 4f) Title: 2019 Zero Waste Packaging Acceptable Materials and Exemptions List and Administrative Rules Page 5 Meeting: City council Meeting date: November 19, 2018 Consent agenda item: 4g Executive summary Title: Statewide public works joint powers mutual aid agreement Recommended action: Motion to adopt Resolution to adopt a joint powers mutual aid agreement which provides a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota. Policy consideration: Does the council wish to enter into an agreement to share public works and parks personnel and equipment in times of need with other agencies within the State of Minnesota? Summary: The Hennepin County Emergency Management Group is comprised of staff members representing communities within Hennepin County. Although it has been common practice for cities to help one another in times of need, the group determined that the best course of action to support one another in a time of natural disaster or emergency situation was to adopt a standardized agreement. This agreement will create the ability to utilize internal and external assistance to provide a rapid response to community needs in the event of an emergency. The agreement creates a consistent understanding or approach to share public works and parks personnel and equipment with other members or agencies within the State of Minnesota. The group views the term Public Works to encompass all street, parks, forestry and utilities department maintenance activities. The agreement spells out procedures, responsibility and liability, and participation when requesting or responding in a time of need, thus creating the ability to utilize internal and external assistance to provide a rapid response to community needs in the event of an emergency. The group encouraged all members to pass this agreement through council for their understanding and approval. The city attorney has reviewed and approved the agreement. Financial or budget considerations: Not applicable Strategic priority consideration: Not applicable. Supporting documents: Public works joint powers mutual aid agreement Prepared by: Jeff Stevens, Public Works Operations Manager Reviewed by: Mark Hanson, Public Works Superintendent Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager 1 STATE OF MINNESOTA PUBLIC WORKS MUTUAL AID PACT TABLE OF CONTENTS FOREWORD 2 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT 4 I.GENERAL PURPOSE 4 II.DEFINITION OF TERMS 4 III.PARTIES 5 IV.PROCEDURE 5 V.RESPONSIBILITY AND LIABILITY 6 VI.EFFECTIVE DATE AND MODIFICATIONS 7 VII.WITHDRAWAL AND TERMINATION 7 City council meeting of November 19, 2018 (Item No. 4g) Title: Statewide public works joint powers mutual aid agreement Page 2 2 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT FOREWORD The general purpose of this Public Works Joint Powers Mutual Aid Agreement (“Agreement”) is to provide a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota. This Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, this Agreement should not be interpreted as being limited to providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts, maintenance operations, joint-projects, and back-up support service. This Agreement provides the flexibility for all units of government to use the resources located among all participating parties in the State of Minnesota. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or sending party. Each unit of government should acquaint supervisory personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid is being requested and what type of assistance is requested. The responding agency should also be clear about what, if any, assistance they will provide in response to the request. Parties should not self-deploy. Furthermore, each staff member within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another unit of government and the protections afforded under the unit of government’s workers’ compensation. For liability reasons, management of a mutual aid situation is under the control of the requesting party. However, the sending party has discretion whether to provide personnel or equipment and can recall such assistance at any time. While there is no hard and fast time limit related to requests for mutual aid, the commitment of resources can be taxing on agencies. In addition, in some situations an advantage can be gained by ending a mutual aid request and entering into a different form of contractual assistance. In order to keep this mutual aid agreement closer to local level of government, Hennepin County Emergency Management (“HCEM”) has volunteered to serve as the administrative coordinator for the units of government entering into this Agreement. When a community adopts this Agreement a fully executed copy of the Agreement needs to be forwarded to HCEM. Each unit of government is responsible for entering and updating available unit of government resources. Resources will now be listed online in a mutually agreed upon resource management database. The parties to this Agreement are solely responsible for updating their available resources in the agreed upon database. City council meeting of November 19, 2018 (Item No. 4g) Title: Statewide public works joint powers mutual aid agreement Page 3 3 The effective date for this Agreement is October 1, 2018. This date was established to allow enough time for agencies to receive the appropriate authority. Participation can be started upon execution of the Agreement and is effective for a unit of government upon its submission of the signed Agreement to HCEM. Agencies that elect not to participate in the Agreement may be bound by other existing mutual aid agreement or state statutes. City council meeting of November 19, 2018 (Item No. 4g) Title: Statewide public works joint powers mutual aid agreement Page 4 4 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT This Public Works Joint Powers Mutual Aid Agreement (“Agreement”) is formed and entered into effective as of the 1st day of October, 2018 by and among the governmental units that have executed this document as evidenced by the signature pages attached hereto (individually, a “Party” and collectively, the “Parties”). I.GENERAL PURPOSE The general purpose of this Agreement is to provide a means by which a Party may request and obtain public works assistance from one or more other Parties when the Party determines such public works assistance is necessary. This Agreement is made pursuant to Minnesota Statutes, section 471.59, which authorizes the joint or cooperative exercise of powers common to the Parties. II.DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the following meanings: Subd. 1. Eligible Party. “Eligible Party” means a “governmental unit” as defined by Minnesota Statues, section 471.59, subdivision 1. Subd. 2. Public Works Assistance. “Public Works Assistance” means equipment and personnel including, but not limited to, licensed staff, professional engineers, and non-licensed personnel that are used for activities related to streets, water, stormwater, wastewater, sewers, parks, transit, buildings/facilities, airports, and all other public works programs. Subd. 3. Party and Parties. “Party” means an Eligible Party that elects to participate in this Agreement by the authorization of its governing body. “Parties” means more than one Party to this Agreement. Subd. 4. Requesting Official. “Requesting Official” means a person who is designated by the Requesting Party to request Public Works Assistance from another Party. Subd. 5. Requesting Party. “Requesting Party” means a Party that requests Public Works Assistance from another Party. Subd. 6. Sending Official. “Sending Official” means a person who is designated by a Party to determine whether and to what extent that Party should provide Public Works Assistance to a Requesting Party. Subd. 7. Sending Party. “Sending Party” means a Party that provides Public Works Assistance to a Requesting Party. Subd. 8. HCEM. “HCEM” means the Hennepin County Emergency Management or designee. City council meeting of November 19, 2018 (Item No. 4g) Title: Statewide public works joint powers mutual aid agreement Page 5 5 III.PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that have approved this Agreement by October 1, 2018. Additional Eligible Parties shall become a Party on the date this Agreement is approved and executed by the Party’s governing body. Upon approval by a Party, the executed signature page of this Agreement shall be sent to the HCEM along with a resolution approving this Agreement. IV.PROCEDURE Subd. 1. Designate Officials. Each Party shall designate, and keep on file with the HCEM, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate one or more persons to serve as an alternate in the absence of a designated official. Subd. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Public Works Assistance from another Party, such Requesting Official may, at his or her discretion, call upon the Sending Official of any other Party to furnish Public Works Assistance. Subd. 3. Response. Upon the receipt of a request for Public Works Assistance from a Party, the Sending Official may authorize and direct personnel and equipment of the Sending Party be sent to the Requesting Party. Whether the Sending Party provides such Public Works Assistance to the Requesting Party and, if so, to what extent such Public Works Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Public Works Assistance will not result in liability to a Party and each Party hereby waives all claims against another Party for failure to provide Public Works Assistance. Subd. 4. Back-Up Assistance. When a Sending Party provides Public Works Assistance under the terms of this Agreement, it may in turn request Public Works Assistance from other Parties as “back-up” during the period it is it outside of its jurisdiction providing Public Works Assistance to the original Requesting Party. Subd. 5. Recalling Assistance. Whenever a Sending Party has provided Public Works Assistance to a Requesting Party, the Sending Official may at any time recall its personnel and equipment, or any part thereof, if the Sending Official in his or her best judgment deems such recall is necessary to provide for the best interests of the Sending Party’s community. Such action will not result in liability to any Party and each Party hereby waives all claims against another Party for recalling Public Works Assistance. City council meeting of November 19, 2018 (Item No. 4g) Title: Statewide public works joint powers mutual aid agreement Page 6 6 Subd. 6. Command of Scene. The Requesting Party shall be in command of all situations where Public Works Assistance is provided. The personnel and equipment of the Sending Party shall be under the direction and control of the Requesting Party until the Sending Party withdraws Public Works Assistance or the Public Works Assistance is no longer needed. Subd. 7. Charges. Charges may be levied by a Sending Party for Public Works Assistance rendered to a Requesting Party under the terms of this Agreement. The Sending Party may submit to the Requesting Party an itemized bill for the actual cost of any Public Works Assistance provided, including salaries, overtime, materials, and supplies, equipment operation, and other necessary expenses. The Requesting Party will reimburse the Sending Party providing the Public Works Assistance for that amount or other such amount as mutually negotiated. Such charges are not contingent upon the availability of federal or state government funds. A Party may request a list of rates from another Party prior to requesting assistance. No charges shall apply to joint training events unless the Parties participating in the particular event agree to a charge in writing prior to the event. V.RESPONSIBILITY AND LIABILITY Subd. 1. Personnel. Each Party shall be responsible for its own personnel and equipment, and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Sending Party for purposes of workers’ compensation. Subd. 2. Worker’s Compensation. Each Party will maintain workers’ compensation insurance or self-insurance coverage, covering its own personnel while they are providing Public Works Assistance pursuant to this Agreement. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any worker’s compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries or death were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Subd. 3. Damage to Equipment. Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers. Subd. 4. Liability. For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party are deemed to be employees (as defined in Minnesota Statutes, section 466.01, subdivision 6) of the Requesting Party. The Requesting Party agrees to defend and indemnify the Sending Party against any claims brought or actions filed against a Sending Party or any officers, employees, or volunteers of a Sending Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of Public Works Assistance pursuant to the Agreement. Under no City council meeting of November 19, 2018 (Item No. 4g) Title: Statewide public works joint powers mutual aid agreement Page 7 7 circumstances, however, shall a Party be required to pay, on behalf of itself and other Parties, any amount in excess of the limits of liability established in Minnesota Statutes, chapter 466, applicable to any one Party. The limits of liability for some or all of the Parties may not, as provided in Minnesota Statutes, section 471.59, subdivision 1a, be added together to determine the maximum amount of liability for any Party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Sending Party for claims arising within the Requesting Party’s jurisdiction subject to the limits of liability under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against the Parties from a single occurrence to be defended by a single attorney. However, the Sending Party, at is option and its own expense, shall have the right to select its own attorney or approve a joint attorney as appropriate, considering potential conflicts of interest. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. If a court determines that the liability of a Party or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a Party shall be subject to liability only for the acts of its officers, employees and volunteers. No Party to this Agreement nor any official, employee or volunteer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Public Works Assistance or for recalling Public Works Assistance. VI.EFFECTIVE DATE AND MODIFICATIONS This Agreement shall become effective and operative beginning at 12:01 A.M., local time on October 1, 2018. The HCEM shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. Notice may be sent to the Sending Officials via email or through the United States Postal Service. No modification of this Agreement shall be effective unless it is reduced to writing and is approved by action of the governing body of each of the then current Parties. VII.WITHDRAWAL AND TERMINATION A Party may withdraw from this Agreement by its governing body adopting a resolution to withdraw. Withdrawal is effective after 30 days’ written notice is provided to the HCEM. HCEM shall thereupon give notice of such withdrawal, and the effective date thereof, to all other Parties. Parties that have withdrawn may rejoin by following the procedure set forth in this Agreement. This Agreement will terminate with respect to all Parties if the total number of Parties to the Agreement falls below 11. HCEM shall notify the remaining Parties that the Agreement has terminated. City council meeting of November 19, 2018 (Item No. 4g) Title: Statewide public works joint powers mutual aid agreement Page 8 8 IN W ITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. (Each Party must attach a dated and signed signature page consistent with that Party’s method of executing contracts.) City council meeting of November 19, 2018 (Item No. 4g) Title: Statewide public works joint powers mutual aid agreement Page 9 9 Entity:_______________________________ Mailing Address: ____________________________________ ____________________________________ Adopted on the ___ day of ___________________, 2018. By:_______________________________ Its:_______________________________ By:_______________________________ Its:_______________________________ Attest: By:______________________________ Its:______________________________ City council meeting of November 19, 2018 (Item No. 4g) Title: Statewide public works joint powers mutual aid agreement Page 10 Meeting: City council Meeting date: November 19, 2018 Consent agenda item: 4h Executive summary Title: Resolution calling for a public hearing on granting host approval for Yeshiva of Minneapolis revenue bonds Recommended action: Motion to adopt a resolution calling for a public hearing on December 17 regarding host approval for the Yeshiva project at 4411 Minnetonka Blvd and 3115 Ottawa Ave South to be financed with revenue bonds to be issued by the City of Medina. Policy consideration: Is the Council comfortable with allowing Yeshiva of Minneapolis to issue revenue obligations thru the City of Medina? Summary: Yeshiva of Minneapolis would like to refinance the acquisition of a building located at 4411 Minnetonka Boulevard to provide faculty housing and renovate and expand its existing building located at 3115 Ottawa Avenue South to provide student housing and a gymnasium. Yeshiva would like the bonds to be designated as tax-exempt obligations (or bank-qualified) which, under the IRS code, cannot exceed $10 million in a calendar year. Since the city already used the bank-qualified exemption on bonds issued this year, Yeshiva found another city (Medina) that had not used there bank-qualified exemption. Bremer Bank has agreed to buy the bonds and in order for a bank to buy the bonds and have the interest be tax-exempt to the bank, the bonds must be bank-qualified. As we have done in the past, the city is required to hold a public hearing since the project is in the City of St. Louis Park. By using the bank- qualified exemption from the city of Medina it will provide some interest rate savings to Yeshiva. Financial or budget considerations: All out-of-pocket expenses of the city will be covered by Yeshiva. The bonds will not constitute a general or moral obligation of the city and will not be secured by or payable from any property or assets of the city and will not be secured by or payable from any property or assets of the city and will not be secured by any taxing power of the city. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Kennedy and Graven (bond attorney) summary letter Prepared by: Tim Simon, Chief Financial Officer Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City council meeting of November 19, 2018 (Item No. 4h) Page 2 Title: Resolution calling for a public hearing on granting host approval for Yeshiva of Minneapolis revenue bonds Resolution No. 18-_____ Resolution calling a public hearing for the purpose of providing host approval for the issuance of revenue obligations by the City of Medina Be it resolved by the City Council (the “City Council”) of the City of St. Louis Park, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the “Act”), a municipality is authorized to issue revenues bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any properties, real or personal, used or useful in connection with a revenue- producing enterprise, whether or not operated for profit. 1.02. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the governing body of the city in which the property is located consents by resolution to the issuance of such obligations. 1.03. Yeshiva of Minneapolis, a Minnesota nonprofit corporation (the “Borrower”), has proposed to refinance the acquisition of a building located at 4411 Minnetonka Boulevard in the City and renovate the building to provide faculty housing and to expand its school facilities located at 3115 Ottawa Avenue South in the City by constructing a new gymnasium and constructing new student dormitories (the “Project”). 1.04. The Borrower has requested that the City of Medina, Minnesota (the “Issuer”) issue its revenue bonds, in one or more series, as taxable or tax-exempt obligations (the “Bonds”), in an estimated maximum principal amount of $10,000,000 and loan the proceeds thereof to the Borrower in order to finance the Project. 1.05. Prior to the issuance of the Bonds by the Issuer, the City Council of the City is required to (i) conduct at public hearing in accordance with the requirements of the Act, and Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) with respect to the proposed issuance of the Bonds; and (ii) approve the issuance of the Bonds by the Issuer to finance the Project. Section 2. Required Actions. 2.01. The City Council will meet at 7:30 p.m. on Monday, December 17, 2018, to conduct a public hearing and consider the proposed issuance of the Bonds by the Issuer in accordance with the Act and Minnesota Statutes, Section 471.656, as amended, to finance the Project. City council meeting of November 19, 2018 (Item No. 4h) Page 3 Title: Resolution calling for a public hearing on granting host approval for Yeshiva of Minneapolis revenue bonds 2.02. Kennedy & Graven, Chartered, as bond counsel to the Issuer, is hereby authorized and directed to publish on behalf of the City a notice of the public hearing, in substantially the form attached hereto as EXHIBIT A, in the Sun Sailor, the official newspaper of and a newspaper of general circulation in the City. The notice shall be published once at least fourteen (14) days prior to the date of the public hearing. 2.03. The Borrower shall pay to the City any and all costs paid or incurred by the City in connection with the Bonds or the financing contemplated herein, whether or not the financing is carried to completion and whether or not the Bonds or operative instruments are executed and delivered. Reviewed for Administration: Adopted by the City Council November 19, 2018 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk JULIE A. EDDINGTON Attorney at Law Direct Dial (612) 337-9213 Email: jeddington@kennedy-graven.com November 13, 2018 Tim Simon, Chief Financial Officer City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Re: Resolution calling public hearing on granting host approval for a project to be financed with the proceeds revenue obligations to be issued by the City of Medina Dear Tim, Yeshiva of Minneapolis, a Minnesota nonprofit corporation (the “Borrower”), would like to refinance the acquisition of a building located at 4411 Minnetonka Boulevard in the City and renovate the building to provide faculty housing and to expand its school facilities located at 3115 Ottawa Avenue South in the City by constructing a new gymnasium and constructing new student dormitories (the “Project”). The Borrower has proposed that the City of Medina (the “City of Medina”) issue its revenue obligations (the “Bonds”) in the estimated maximum principal amount of $10,000,000 and loan the proceeds thereof to the Borrower in order to finance the Project. In order for the City of Medina to issue the Bonds, the City must grant “host approval” to the issuance of the Bonds, following a duly noticed public hearing, under Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the “Act”), Minnesota Statutes, Section 471.656, as amended, and the Internal Revenue Code of 1986, as amended (the “Code”). Enclosed is a resolution for consideration by the City Council on November 19, 2018, which calls for a public hearing to be conducted by the City Council on December 17, 2018 for purposes of granting host approval to the issuance of the Bonds by the City of Medina. If the City Council authorizes the City of Medina to issue the Bonds, the Bonds will be issued as conduit revenue bonds of the City of Medina secured solely by the revenues derived from the loan or other revenue agreements executed by the Borrower and from other security provided by the Borrower. The Bonds will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City and will not be secured by any taxing power of the City. The Bonds will not be subject to any debt limitation imposed on the City and the issuance of the Bonds will not have any adverse impact on the credit rating of the City, even in the event that the Borrower encounters financial difficulties with respect to the Project. The issuance of the Bonds by the City of Medina will not affect any bonds previously issued by the City this year or the City’s ability to issue general obligation or conduit revenue bonds in calendar year 2018. Furthermore, the issuance of the Bonds by the City of Medina will not affect any bonds issued by the City City council meeting of November 19, 2018 (Item No. 4h) Title: Resolution calling for a public hearing on granting host approval for Yeshiva of Minneapolis revenue bonds Page 4 543251v2 JAE ME230-683 this year and designated as qualified tax-exempt obligations (or “bank qualified”) for purposes of Section 265(b)(3) of the Code. The Borrower will pay the out-of-pocket expenses of the City with respect to this transaction. If the enclosed resolution is adopted by the City Council, my office will handle publishing the notice of public hearing in the Sun Sailor. Please contact me if you have questions regarding the foregoing. Sincerely, Julie Eddington City council meeting of November 19, 2018 (Item No. 4h) Title: Resolution calling for a public hearing on granting host approval for Yeshiva of Minneapolis revenue bonds Page 5 Meeting: City council Meeting date: November 19, 2018 Minutes: 4i OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA OCTOBER 3, 2018 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Matt Eckholm, Jessica Kraft, Claudia Johnston-Madison, Lisa Peilen, Carl Robertson, Joe Tatalovich, Alanna Franklin (youth member) MEMBERS ABSENT: None STAFF PRESENT: Sean Walther, Jacquelyn Kramer, Gary Morrison 1. Call to Order – Roll Call 2. Approval of Minutes of August 15, 2018 and September 5, 2018 Commissioner Carper said he was listed as unexcused absence in the September 5, 2018 minutes. He stated he thought he had given appropriate notice that he would not be attending. Sean Walther, Planning and Zoning Supervisor, said he would check the records. Commissioner Carper made a motion recommending approval of the minutes. Commissioner Peilen seconded the motion, and the minutes of August 15, 2008 and September 5, 2018 were approved on a vote of 7-0. 3. Public Hearings A. St. Louis Park Middle School conditional use permit and variance Applicant: St. Louis Park School District Location: 2025 Texas Ave. S. Case Nos: 18-40-CUP and 18-41-VAR Jacquelyn Kramer, Associate Planner, presented the staff report. She said the proposal is for building improvements including a new performing arts center and administration addition, along with renovations to the cafeteria, kitchen, media center and science classrooms. She said landscaping and stormwater treatment will be improved on the site, and parking and bus-drop off areas will be updated. Ms. Kramer stated that a variance of nine feet is being requested to increase the maximum allowed height of the building from 31 feet to 40 feet. She reviewed variance findings. Commissioner Carper asked for more information about the building materials for the parts of the school which would be constructed with additional height. City council meeting of November 19, 2018 (Item No. 4i) Page 2 Title: Planning commission meeting minutes October 3, 2018 Tom Bravo, Facilities Manager, St. Louis Park School District, described metals and glass which would be used. Chair Robertson opened the public hearing. As no one was present wishing to speak, he closed the public hearing. Commissioner Peilen made a motion to recommend approval of the conditional use permit and variance with conditions as recommended by staff. Commissioner Eckholm seconded the motion, and the motion passed on a vote of 6-0-1 (Tatalovich abstained). B. St. Louis Park High School conditional use permit Applicant: St. Louis Park School District Location: 6425 W. 33rd St. Case Nos: 18-45-CUP Jacquelyn Kramer, Associate Planner, presented the staff report. She explained that the request for conditional use permit is for renovations which includes a new weight and fitness room addition, new kitchen and cafeteria addition, office and classroom remodeling, new on-site bus parking, expansions of the existing parking lots, and a new front office entry canopy. Ms. Kramer discussed site circulation and off-street parking. She said the school requires a total of 434 off-street parking spaces based on zoning code. The current site plan includes 366 off-street parking spaces and 48 on-street parking spaces adjacent to the site, for a total of 414 parking spaces. To cover the parking shortfall the applicant has submitted a proof of parking plan to install an additional 27 angled on-street parking spaces along Idaho Avenue to provide for a total of 441 parking spaces. In her discussion about an easement for construction of the angled parking spaces, she noted an error in the staff report. The city council would need to approve removal of current parking limitations along the south side of 33rd Street, not Idaho Avenue as stated in the staff report. Commissioner Peilen asked when additional spots on Idaho might be needed. Tom Bravo, Facilities Manager, St. Louis Park School District, responded they won’t know until project completion in three years. Commissioner Peilen asked if Idaho Avenue would continue as a two-way street. She asked about snow emergency days. Ms. Kramer said there would be no change to the far side on-street parking on Idaho Avenue. The proposed proof-of-parking would not reduce the drive lanes on Idaho. The proposed parking and relocated sidewalk would extend into the into the school parcel. Mr. Bravo said they would have to work out snow emergency procedures with the city. City council meeting of November 19, 2018 (Item No. 4i) Page 3 Title: Planning commission meeting minutes October 3, 2018 Commissioner Carper spoke about landscaping and the use of alternative landscaping features, such as athletic fields, to meet requirements. He asked if the athletic fields are available to the public. Mr. Bravo said the fields are available through a permit process. He said he would get back to Commissioner Carper on that process. Chair Robertson said he thought the accessible spaces were located in a pretty remote spot. He suggested adding an accessible space right next to an access aisle both in the southwest and north parking lots. The Chair opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Peilen said she supports the request but is concerned about snow emergencies and alternate parking spots. She said she also has safety concerns about the proposed head-in parking on Idaho Avenue. Commissioner Peilen made a motion recommending approval of the conditional use permit with conditions as recommended by staff. Commissioner Kraft seconded the motion, and the motion passed on a vote of 6-0-1 (Tatalovich abstained). C. The Block – conditional use permit with variance Applicant: Craft & Crew, Luke Derheim Location: 7008 Highway 7 Case Nos.: 18-49-CUP and 18-50-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant requests a conditional use permit (CUP) to remodel and expand the existing building to operate a restaurant with intoxicating liquor. A variance is also requested to reduce the required parking from 96 spaces to 16. Mr. Morrison explained that during review of the application staff asked the applicant if they would be willing to consider some revisions to the plans to put the patio on Walker Street and the additions to the south off of Highway 7. The applicant determined those changes would be acceptable. Mr. Morrison discussed parking. He discussed the available on-street parking. The most convenient parking is located on the west side industrial area. He said there are three municipal parking lots in the area. There are about 351 on-street parking spaces in the area and about 199 spots in the municipal lots. He spoke about previous and current studies of the historic Walker Lake area. He mentioned the potential of separate parking restrictions or regulations in some form. He said a parking district might reduce the parking requirements for commercial activities in the Walker Lake area. City council meeting of November 19, 2018 (Item No. 4i) Page 4 Title: Planning commission meeting minutes October 3, 2018 Mr. Morrison stated the applicant is also exploring a valet parking option to better utilize the Gorham lot if needed in the future. Commissioner Carper said one accessible space adjacent to the restaurant seems insufficient. He said he wants to understand what is available on the street for loading and unloading, valet parking and accessible parking. He asked if the site will have an electric vehicle charging station. Mr. Morrison said the layout was reviewed by the Inspections Department and they did not raise the question of deficient number of accessible spaces. He said he would ask them to re-look at that. There are no accessible spaces proposed on the street. He spoke about the bike lane on the street which may limit loading along Walker Street. He said an electrical vehicle charging station was brought up at the neighborhood meeting and the applicant is considering it. Commissioner Carper asked if the city would consider putting in signage adjacent to the entrance for both loading zone only and accessible parking only. He said some owners of handicap vehicles might not be comfortable with a valet operating their vehicle. Luke Derheim, applicant, spoke about deliveries. The restaurant will open at 11 a.m. weekdays and deliveries will be early morning. He said they are trying to figure out the best spot for valet services. Commissioner Carper said the accessible parking is inadequate. He asked if more spaces could be reserved within the 16 spaces on site. Mr. Derheim said they could look at that. He remarked that their Minneapolis restaurant has about the same capacity with two accessible stalls and that seems to be a good number for that location. Regarding loading and unloading, Commissioner Carper clarified that he wasn’t referring to supplies and products. He was asking about a drop-off area where people could get out for access to restaurant rather than using valet. He asked about the city marking accessible spaces right on Walker Street. He asked if valet service would be free or charged. David Benowitz, applicant, said they haven’t discussed pricing for valet but they do want to keep it as reasonable as possible. Chair Robertson opened the public hearing. As no one was present wishing to speak he closed the public hearing. The Chair said he was a little uncomfortable with the parking but said staff may have a better feel for what is going on in the neighborhood. He remarked if parking becomes difficult the business will suffer. If the neighborhood has parking complaints staff will hear about it. He said there will be an overlap between industrial businesses and happy City council meeting of November 19, 2018 (Item No. 4i) Page 5 Title: Planning commission meeting minutes October 3, 2018 hour customers competing for parking. He said accessible parking should be based on required spaces before applying the variance. The Chair said he wasn’t comfortable with accessible spaces on the street. He said he supports the applications and thinks it is a great business venture. He said the area could use an establishment like this. Commissioner Johnston-Madison said she’s glad for the restaurant but she is very bothered about the parking. She said she doesn’t see the on-street parking working, especially during the snowy winter months. It’s dangerous for walking. She said she’s not in favor of the project because of a parking shortage. Chair Robertson stated that part of the parking demand is related to the rooftop feature which wouldn’t be active in the winter months. Commissioner Peilen said she shared concerns about parking. She said the accessible spots should be in the lot. She said she supported the idea of a drop-off point for customers. She spoke about the parking in her neighborhood for the very popular YUM restaurant at Minnetonka Boulevard and Glenhurst Avenue. She said though parking is limited to small parking lots and on-street parking, it does work. She stated she has seen in her own neighborhood that it does work and she would support The Block project. Commissioner Eckholm said he agreed with the points about accessible spaces and a customer drop-off zone. He said he supports the project. He spoke about on-street parking in another neighborhood where customers are willing to walk from on-street parking to a neighborhood institution. He spoke about the need for activity in this section of town. He said the question is do you want an historic district that maintains character or do you want lots of parking? Commissioner Carper said he would support the project and he looks forward to a restaurant in this area. He said hopes the developer will act on the concerns mentioned. He said he recommended that valet parking might be complimentary for handicapped customers who park at the far lot. Commissioner Carper made a motion recommending approval of the conditional use permit and variance with conditions as recommended by staff. Commission Eckholm seconded the motion, and the motion passed on a vote of 6-1 (Johnston-Madison opposed). 4. Adjournment The meeting was adjourned at 7:00 p.m. City council meeting of November 19, 2018 (Item No. 4i) Page 6 Title: Planning commission meeting minutes October 3, 2018 STUDY SESSION 1. Communications Mr. Walther asked commissioners about their availability to meet on the Wednesday before Thanksgiving, November 21. 2. Discussion upcoming applications Sean Walther, Planning and Zoning Supervisor, spoke about firearm sales and home occupations. He provided some background for commissioners who did not attend the public hearing on September 5, 2018. He distributed an information summary of a recent case regarding a City of Minneapolis ordinance which restricted where firearm sales can be located. He said St. Louis Park is able to regulate this and this is a local policy question. He spoke about retail sales and how that can be defined. He said he is continuing to look for examples and guidance on how the city might address this. Commissioner Peilen commented about the need to flesh out language in the clause in the current ordinance about the sales of goods manufactured outside the home. Something is needed to provide guidelines. Chair Robertson said he agreed and said he didn‘t think reading it literally is what the city wants to do. Gary Morrison, Assistant Zoning Administrator, said he doesn’t hear complaints about home sales of make-up or clothing. He said he does receive complaints when sales are regularly occurring at a residence. The subject is generated on a complaint basis or in conversations with a new business seeking guidance. It was suggested that non-transference of goods on premise might be included in a definition of what is allowed. Mr. Walther shared ordinances from Stillwater and Roseville. Other resources discuss transfer of goods, dispatching and employees coming in to the site. The Chair said he continued to ask why the ordinance might be necessary. He asked why one product would be singled out. He said it’s necessary to explain why. Commissioner Tatalovich spoke about threshold of activity and specifying what makes a business more disruptive or conspicuous. Mr. Walther asked commissioners to direct additional questions and issues to him prior to the Planning Commission’s next consideration of the zoning ordinance amendment to help staff prepare for the meeting. City council meeting of November 19, 2018 (Item No. 4i) Page 7 Title: Planning commission meeting minutes October 3, 2018 Mr. Morrison discussed the upcoming applications of Yeshiva of Minneapolis for expansion of the existing school and dorms. The public hearing will be held on October 17. The meeting was adjourned at 7:30 p.m. Respectfully submitted, Nancy Sells Recording Secretary Meeting: City council Meeting date: November 19, 2018 Minutes: 4i OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA October 17, 2018 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Matt Eckholm, Jessica Kraft, Claudia Johnston- Madison, Lisa Peilen, Carl Robertson, Joe Tatalovich MEMBERS ABSENT: Alanna Franklin (unexcused) STAFF PRESENT: Gary Morrison, Sean Walther, Jennifer Monson 1. Call to Order – Roll Call 2. Approval of Minutes: None 3. Public Hearings A. Expansion of existing school and dorms Applicant: Yeshiva of Minneapolis Location: 3115 Ottawa Ave. S. Case Nos.: 18-51-Z, 18-52-CP, 18-53-S, 18-54-CUP, 18-55-VAR, 18-56-VAR, 18-57-VAR, 18-63-VAR Gary Morrison, assistant zoning administrator, presented the staff report. The applicant proposes an expansion of their facilities to add a gymnasium, dorm rooms, classrooms and office space. He explained the proposed improvements require several zoning approvals, including conditional use permit amendment, comprehensive plan amendment, rezoning to the R-4 zoning district, lot combination and variances to the rear and side setbacks, ground floor area and floor area ratio. Mr. Morrison discussed landscaping, parking counts and the lighting plan. Mr. Morrison reviewed the comprehensive plan amendment and the rezoning from R-3 two family residence to R-4 multiple family residence. Mr. Morrison discussed the conditional use permit criteria for a school with student housing. Mr. Morrison provided analysis of the four variance requests. Chair Robertson asked if there was any discussion on including the parking lot across Natchez Ave. in the zoning and guiding change. City council meeting of November 19, 2018 (Item No. 4j) Page 2 Title: Planning commission meeting minutes October 17, 2018 Mr. Morrison said the intent is to keep the R-4 district contained within the Yeshiva block and keep the east side of Natchez Ave S as R-3. Additionally, part of the purpose of the conditional use permit is that it does legally tie the three properties together. Commissioner Carper spoke about condition no. 8 which states the resident supervisor’s car must be parked overnight in a garage. He asked about access to the garage from the street. He noted the garage will also be occupied by bicycles. Mr. Morrison responded that condition is actually a carry-over from the original approval. He explained the applicant has requested removing that condition and have the supervisor’s car parked in the back portion of the building out of sight and then the garage can be used for bicycle storage. He stated that staff is requesting items 7 and 8 be removed as conditions. Chair Robertson asked since all parking spaces on the north area are accessible parking spaces is it appropriate to designate one of these for the overnight parking. Mr. Morrison said there is space along the east side of the parking row for additional parking. Commissioner Kraft asked if there is a requirement for the parking lot parcel to have a fence or some other type of barrier between the parking lot and home. Mr. Morrison responded that the city could ask that a fence be constructed on the north side. Chair Robertson asked if landscaping would be heavy enough to provide a kind of barrier. Mr. Morrison said the code would require landscaping and a fence next to residential. The applicant, Rabbi Shlomo Kutoff, stated the neighbor actually uses the parking lot. He said there is a slight stone wall between his property and the parking lot. A fence might hinder parking. Commissioner Carper asked about access to the existing garage. Mr. Morrison responded that the handicap parking access aisle also serves as access to the garage. The intent of the garage is for more isolated storage, not vehicle parking. The Chair opened the public hearing. As no one was present wishing to speak, he closed the public hearing. Commissioner Peilen commented that she lives fairly close to the site and drives by regularly. She stated it’s a good project and improves the physical attractiveness of the whole site. She made a motion to recommend approval of the comprehensive plan City council meeting of November 19, 2018 (Item No. 4j) Page 3 Title: Planning commission meeting minutes October 17, 2018 amendment, rezoning, conditional use permit amendment and variances, including conditions recommended by staff except for conditions 7 and 8. Commissioner Eckholm seconded the motion, and the motion passed on a vote of 7-0. 4. Other Business: None 5. Communications: None 6. Adjournment The meeting was adjourned at 6:40 p.m. STUDY SESSION 1. Retail and Service Size Requirements Gary Morrison, assistant zoning administrator, provided background on earlier discussions. He discussed the option of rezoning some properties from C-2 General Commercial to C-1 Neighborhood Commercial. Commissioner Peilen said she didn’t see how the city could promote smaller businesses if it micro-manages their size. Summary sheets were distributed indicating areas where C-2 could be considered. Areas discussed included Minnetonka Blvd. east, Louisiana and Cedar Lake Rd., Excelsior Blvd./Monterey to Huntington, Excelsior Blvd./Alabama to Quentin, Knollwood area south side of Hwy. 7, TexaTonka (excluding the mall), and the Walker Lake historic area. Mr. Walther, planning and zoning supervisor, said a text amendment will come before the commission soon. 2. Mixed Use Zoning District Concept Review Jennifer Monson, planner, said staff desires the commission’s feedback on the proposed uses and density bonus options for the mixed-use zoning ordinance. She reviewed the four proposed uses and use regulations for the MX district. There was a lengthy discussion about the proposed requirement that service space can be located on the ground floor only. Staff agreed to refine conditions for service facilities, 8,000 square feet or larger. Staff agreed to refine the communication antennas section. City council meeting of November 19, 2018 (Item No. 4j) Page 4 Title: Planning commission meeting minutes October 17, 2018 3. Transparency Requirements Ms. Monson discussed Council’s desire to look at transparency requirements for commercial buildings in general and as part of the MX district. She spoke about proposed requirements which would require ground floor window transparency for all street facing facades at the front of the building. This would include C1 and C2 districts as well as retail service and restaurants in the Office and BP districts. There was a lengthy discussion about wrap around transparency for secondary streets. There was discussion about active permitted uses being maintained for a minimum depth of 15 feet as being too onerous for businesses. The meeting was adjourned at 8:20 p.m. Respectfully submitted, Nancy Sells Recording Secretary Meeting: City council Meeting date: November 19, 2018 Action agenda item: 8a Executive summary Title: First reading of ordinance amending St. Louis Park City Code Chapter 10 related to the rules of conduct for municipal elections Recommended action: Motion to approve first reading of ordinance amending St. Louis Park City Code Chapter 10 related to the rules of conduct for municipal elections and to set the second reading for December 3, 2018. Policy consideration: Do the proposed rules of conduct for municipal elections meet all state and federal election laws and do they provide the necessary provisions to use the ranked- choice voting method for municipal (mayor and city council) elections? Summary: On May 7, 2018 the city council approved an ordinance amending the city charter to allow for the use of ranked-choice voting for municipal (mayor and city council) elections. Once a city makes the decision to use an alternative voting method, it’s required to provide the rules that will govern the administration of municipal elections. State law does not currently speak to the rules for the administration of elections using a ranked-choice method. The city is obligated to ensure that rules for conduct of municipal elections continue to meet all state and federal election laws where applicable. The proposed ordinance does not apply to school district elections because the school district is required, by state law, to follow statutory provisions and does not have the authority to use alternative voting methods at this time. In June, 2018 the council started a series of discussions related to the development of rules of conduct for municipal elections. Over the course of four (4) discussions, numerous topics were discussed including: ballot format, number of rankings, tabulation of votes, write-ins, method of resolving ties, counting procedures, voting systems, testing, reporting results, post-election review, and recounts. Staff incorporated the direction provided by council during these discussions into the proposed ordinance. The draft ordinance was provided to council for review as part of the October 22 study session agenda. Previous staff reports and minutes from each of these discussions are currently available for review on the city’s website. The second reading of the ordinance is scheduled for December 3, 2018. If adopted, the proposed ordinance would take effect on December 28. The rules set forth in the ordinance would then apply to the 2019 municipal election. An extensive public education and outreach program would begin in early 2019 in preparation for the use of RCV in November, 2019. Financial or budget consideration: The 2019 budget includes funds for implementation of the rules and procedures for the administration of municipal elections. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Discussion, Draft ordinance Prepared by: Melissa Kennedy, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City council meeting of November 19, 2018 (Item No. 8a) Page 2 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections DISCUSSION Which elections and offices will be subject to the rules set forth in the ordinance? The proposed ordinance will only apply to municipal elections in which the offices of mayor and city council are on the ballot. Municipal elections typically happen in odd-numbered years. The proposed ordinance will not apply to elections for any federal, state, county, or school district offices because those offices are not elected using a ranked-choice method. How many rankings will be allowed for each municipal office on the ballot? The number of rankings allowed for each race on the ballot must fit within the overall framework established in state laws and regulations. Additionally, the number of rankings allowed needs to be compatible with existing, certified technology that complies with the tabulation method that has been tested and used in Minneapolis and administratively supported by Hennepin County. Council directed staff to draft rules that would allow voters at least three (3), but not more than six (6), rankings for any municipal office on the ballot. This language allows for a potential increase in the number of rankings allowed at such time that new equipment or technology is available to tabulate beyond three (3) rankings. Additionally, allowing for up to six (6) rankings has been shown to reduce the number of exhausted ballots in large, competitive elections. Why is the city following the Minneapolis model for ranked-choice elections? Because ranked-choice voting is already used in Minneapolis, a model ordinance for the rules of conduct for municipal elections is readily available. Council made the decision to follow the Minneapolis model because these rules have already been deemed legal by the courts and they have been tested and proven to work in conjunction with the current voting equipment and administrative procedures in place in Hennepin County. Will the ballot look different than what voters in St. Louis Park are used to? In order to ensure voters understand and are comfortable using a RCV ballot, the ballots will, wherever possible, conform to the ballot format styles established in Minnesota Statutes and Rules for statewide elections. Voters will continue to fill in ovals to indicate their selections for each office. The ballot will be two-sided with municipal races on one side (ranked-choice method) and school district races (not ranked-choice) on the opposite side. The side of the ballot containing races for municipal offices will feature a three-column design. The three- column ballot design allows voters to rank up to three (3) choices for a given race on the ballot. Due to current equipment limitations, going beyond three (3) rankings is not a viable option at this time as it would necessitate a manual hand count process. How many votes will be required for a candidate to be elected? In a ranked-choice election a candidate is required to reach an established threshold in order to be elected. This is different than a traditional first past the post system in which the candidate receiving the most votes wins. The council directed the threshold in St. Louis Park to be calculated as 50%+1 of the total votes cast for an office. If no candidate reaches the threshold, and only two candidates remain, the candidate with the most votes will be declared the winner. City council meeting of November 19, 2018 (Item No. 8a) Page 3 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections How long will it take to tabulate results? There are many factors that can impact the amount of time it will take to declare winners for each municipal race on the ballot including, the number of candidates running for each office and the number of ballots cast. If a candidate successfully reaches the threshold when first choice votes are tabulated on election night, that candidate will be declared the winner. If no candidate reaches the threshold after the first choice votes are tabulated, the ranked-choice process will kick in and results will not be available on election night. Staff will begin the ranked-choice tabulation process the day after the election and will continue that process until a winner can be declared. Every effort will be made to expedite this process as much as possible and to keep the public informed as results are tabulated. Are voters required to rank all three choices for each municipal office on the ballot? Voters are eligible to vote for each office that appears on their ballot. Voters are not required to rank their choices. Voters are not required to vote for every office that appears on their ballot. If a voter does not vote for a particular office on the ballot, their ballot will not count towards the total ballots cast for that particular office. Their ballot will count towards the total ballots cast for all other offices on the ballot in which they cast a valid vote. If a voter chose the same candidate for all three (3) rankings does it increase the candidate’s chance of winning? No, selecting the same candidate for all three rankings will not increase the candidate’s chances of winning. Will the ballot counter alert voters if they have made an error on their ballot? Similar to what currently happens, the ballot counter will alert voters if they have overvoted in a race (selected more candidates than allowed) or if they have submitted a blank ballot. For municipal offices an overvote will occur if a voter selects more than one candidate per ranking. For example, an overvote occurs if a voter ranks more than candidate as their first choice. In this instance a voter would be given the choice to either cast their ballot as-is or to spoil their ballot and receive a new one. This is the same process that happens now when a voter makes an error in marking their ballot. Will write-in votes still be allowed for municipal offices? Yes, write-in votes will still be allowed for municipal offices. A voter can write-in a candidate for all three rankings if they so choose. Candidates who wish to have their write-in votes counted must file a written request with the city clerk’s office at least seven (7) days prior to Election Day. What happens if a race ends in a tie? If a race ends in a tie, the chief election official will decide the tie by lot. This is the same procedure currently used under state law. City council meeting of November 19, 2018 (Item No. 8a) Page 4 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections Ordinance No. ___-18 Ordinance amending the St. Louis Park City Code Chapter 10 by adding Article I, Sections 10-3 to 10- related to the conduct of municipal elections PREAMBLE Whereas, the St. Louis Park Home Rule Charter has been amended to allow voters to elect the city’s elected officials by single-transferable voting (also known as ranked-choice voting or instant runoff voting); and Whereas, the St. Louis Park Home Rule Charter states that the city council must provide by ordinance the method of counting votes and of breaking a tie The City of St. Louis Park does hereby ordain: Section 1. Chapter 10 of the St. Louis Park City Code is amended by adding Article 1, Sections 10-3 to 10 -16 to provide the rules of conduct for municipal elections. Article I. Rules of conduct for municipal elections. 10-3. Applicability. This article applies to all municipal elections. All provisions of the St. Louis Park Home Rule Charter and Minnesota Statutes pertaining to elections also apply, to the extent they are not inconsistent with this chapter. 10-4. Definitions. The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section: Batch elimination means a simultaneous defeat of multiple continuing candidates for whom it is mathematically impossible to be elected. Chief election official means the city clerk and includes the city clerk’s designee(s). Continuing candidate means a candidate who has been neither elected nor defeated. Declared write-in candidate(s) means a candidate(s) who has filed a written request to have write-in votes for the candidate(s) counted with the chief election official no later than seven (7) days before the general or special election. Exhausted ballot means a ballot that cannot be advanced under any rule. Highest continuing ranking means the ranking on a voter’s ballot with the lowest numerical value for a continuing candidate. City council meeting of November 19, 2018 (Item No. 8a) Page 5 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections Mathematically eliminated means either: 1. The candidate could never win because his or her current vote total plus all votes that could possibly be transferred to him or her in future rounds (from candidates with fewer votes, tied candidates, surplus votes, and from undeclared write-in candidates) would not be enough to equal or surpass the candidate with the next higher current vote total; or 2. The candidate has a lower current vote total than a candidate who is described by (1). Mathematically impossible to be elected means mathematically eliminated by the next higher current vote total comparison. Maximum possible threshold means the number of votes sufficient for a candidate to be elected under a first ranked choice tabulation. In any given election, the maximum possible threshold equals the total ballots cast that include votes, undervotes, skipped rankings, and overvotes for the office, divided by the sum of one (1) plus the number of offices to be filled, then adding one (1). Maximum Possible Threshold = ((Total ballots cast that include votes, undervotes, skipped rankings, and overvotes for the office)/(Seats to be elected + 1)) + 1 An overvote occurs when a voter ranks more than one (1) candidate at the same ranking. Partially defective ballot means a ballot that is defective to the extent that the election judges are unable to determine the voter’s intent with respect to the office being counted. Ranked-choice voting means an election method in which voters rank candidates for an office in order of their preference and ballots are counted in rounds where votes are distributed to candidates according to the preferences marked on each ballot until one (1) candidate meets the threshold, or until two (2) candidates remain and the candidate with the greater number of votes is declared elected. Ranked-choice voting tabulation center means the location selected by the chief election official for the tabulation of votes. Ranking means the number assigned by a voter to a candidate to express the voter’s preference for that candidate. Ranking number one (1) is the highest ranking. A ranking of lower numerical value indicates a greater preference for a candidate than a ranking of higher numerical value. Repeat candidate ranking occurs when a voter ranks the same candidate at multiple rankings for the office being counted. Round means an instance of the sequences of voting tabulation steps. Skipped ranking occurs when a voter leaves a ranking blank and ranks a candidate at a subsequent ranking. City council meeting of November 19, 2018 (Item No. 8a) Page 6 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections Sum of all ranked-choice votes means the sum of all votes for a candidate at every ranking for an office, including all repeat candidate rankings. Surplus means the total number of votes cast for an elected candidate in excess of the threshold. Threshold means the number of votes sufficient for a candidate to be elected. In any given election, the threshold equals the total votes counted in the first round after removing partially defective ballots, divided by the sum of one (1) plus the number of offices to be filled, then adding one (1). Threshold = ((Total votes cast)/(Seats to be elected + 1)) + 1 Transferable vote means a vote for a candidate who has been defeated. Totally defective ballot means a ballot that is defective to the extent that the election judges are unable to determine the voter’s intent for any office on the ballot. Undeclared write-in candidate means a write-in candidate who is not a declared write-in candidate. Undervote means an instance when a voter does not rank any candidates for an office. 10-5. Ballots. (a) Ballot format. 1. When there are three (3) or more candidates for a single office, a ballot must allow a voter to rank at least three (3), but not more than six (6), candidates for each office in order of preference and must also allow the voter to add write-in candidates. 2. A ballot must include instructions to voters that clearly indicate how to mark the ballot so as to be read by the election judges conducting the count, or if voting equipment is to be used, so as to be read by the voting equipment used to tabulate results. 3. A ballot must include instructions to voters that clearly indicate how to rank candidates in order of the voter’s preference. 4. A ballot must indicate the number of seats to be elected for each office. (b) Mixed-election method ballots. If elections are held in which ranked-choice voting is used in addition to other methods of voting, the ranked-choice voting and non-ranked-choice voting elections must be on the same ballot if possible, with ranked-choice voting and non-ranked- choice voting portions clearly separated on the ballot. If placement of all offices to be elected cannot be placed on a single ballot, a separate ballot may be used for those offices to be elected using ranked-choice voting. The city may deviate from the standard ballot order of offices to allow separation of ranked-choice voting and non-ranked-choice voting elections. (c) Ballot format rules. The chief election official shall establish administrative rules for ballot format for each voting mechanism that is selected. All rules shall be adopted in accordance with this section. City council meeting of November 19, 2018 (Item No. 8a) Page 7 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections 10-6. Ranked-choice voting tabulation center. The chief election official shall designate at least one (1) location to serve as the ranked-choice voting tabulation center. Tabulation of votes must be conducted as described in this chapter. 10-7. Write-in votes. A candidate for municipal office who wants write-in votes for the candidate to be counted as votes must file a written request with the chief election official no later than seven (7) days before the general or special election. The chief election official shall provide copies of the form to make the request. 10-8. Tabulation of votes; in general. (a) Precinct tabulation. When the hours for voting have ended and all voting has concluded, the election judges in each precinct shall record and post the number of votes at each ranking on the ballot. The election judges must then securely transfer all election night materials and ballots from the precinct to the location designated by the chief election official. Upon receipt, election night materials and ballot shall be secured. (b) Notice of recess in count. At any time following receipt of materials, the chief election official may declare a recess. Notice shall be posted of such recess, which must include the date, time and location at which the process of recording and tabulating votes will resume and the reason for the recess. (c) Recording write-in votes. At a time set by the chief election official, the judges of the election shall convene at a ranked-choice voting tabulation center to record the names and number of votes received by each declared write-in candidate. The number of votes received by undeclared write-in candidates will be recorded as a group, by office. 10-9. Tabulation of votes; single-seat elections. (a) Applicability. This section applies to a ranked-choice voting election in which one (1) seat in an office is to be filled from a single set of candidates on the ballot. The method of tabulating ranked-choice votes for single-seat elections as described in this section must be known as the “single-seat transferable vote” method of tabulation. (b) First ranked choice tabulation. A first ranked choice tabulation shall be done under this clause before a tabulation as described in clause (c). A first ranked choice tabulation will consist of a first round only. Under the first ranked choice tabulation, the vote total will be the sum of number one (1) ranked votes. The maximum possible threshold must be determined. If the vote total for a candidate, other than an undeclared or a declared write-in candidate, is equal to or greater than the maximum possible threshold, that candidate is declared elected and the tabulation is complete. If the vote total for no candidate, other than an undeclared or a declared write-in candidate, is equal to or greater than the maximum possible threshold, a tabulation, as described in clause (c) shall be done. City council meeting of November 19, 2018 (Item No. 8a) Page 8 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections (c) Tabulation of round(s). 1. Tabulation of votes at the ranked-choice voting tabulation center must proceed in rounds for each office to be counted. The threshold must be calculated. The sum of all ranked-choice votes for every candidate must be calculated. Each round must proceed sequentially as follows: a. The number of votes cast for each candidate, as indicated by the highest continuing ranking on each ballot, must be counted. If a candidate, other than an undeclared write-in candidate, has a vote total that is equal to or greater than the threshold that candidate is declared elected and the tabulation is complete. If no candidate, other than an undeclared write-in candidate, has a vote total that is equal to or greater than the threshold, a new round begins and the tabulation must continue. b. At the beginning of the second round only, all undeclared write-in candidates and all candidates for whom it is mathematically impossible to be elected must be defeated simultaneously. For rounds subsequent to the second round, all candidates for whom it is mathematically impossible to be elected must be defeated simultaneously. Votes for the defeated candidates must be transferred to each ballot’s next-ranked continuing candidate, except votes for candidates defeated in the final round are not transferred if, by their defeat, the number of continuing candidates is reduced to one (1). If no candidate can be defeated under this clause, the tabulation must continue. c. The candidate with the fewest votes is defeated. Votes for the defeated candidate must be transferred to each ballot’s next-ranked continuing candidate, except votes for candidates defeated in the final round are not transferred if, by their defeat, the number of continuing candidates is reduced to one (1). Ties between candidates with the fewest votes must be resolved by lot by the chief election official. The candidate chosen by lot must be defeated. The result of the tie resolution must be recorded and reused in the event of a recount. d. The procedures in clauses a. to c. must be repeated until one (1) candidate reaches the threshold, or until only one (1) continuing candidate remains. If only one continuing candidate remains, that continuing candidate must be elected. In the case of a tie between two (2) or more continuing candidates, the tie must be resolved by lot by the chief election official. The result of the tie resolution must be recorded and reused in the event of a recount. A tied candidate chosen by lot must be defeated. When only one (1) continuing candidate remains after a tie has been resolved by lot by the chief election official, that continuing candidate must be elected and the votes of the tied candidate chosen by lot will be retained. 2. When a skipped ranking, overvote or repeat candidate ranking is encountered on a ballot, that ballot shall count towards the highest continuing ranking that is not a skipped ranking, an overvote or repeat candidate ranking. If any ballot cannot be advanced because no further continuing candidates are ranked on that ballot, or because the only votes for further continuing candidates ranked on that ballot are either overvotes or City council meeting of November 19, 2018 (Item No. 8a) Page 9 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections repeat candidate rankings, the ballot shall not count towards any candidate in that round or in subsequent rounds for the office being counted. 10-10. Ties resolved by lot. (a) Who resolves a tie by lot. The chief election official must resolve a tie by lot. (b) Notice to candidates with tied votes. The chief election official must notify all candidates with tied votes that the tie will be resolved by lot. This notice must be sent at least one (1) hour prior to resolving the tie by lot. The notice must be sent through a medium that would generally be capable of reaching a person within the one-hour period, such as face-to-face, a fax, an email, an instant message, a text, a video chat, a telephone call, or a voicemail. The chief election official is not required to confirm that the notice is received by a candidate before resolving a tie by lot. A tie may be resolved by lot even though some or all of the candidates who have tied votes are not present. (c) Witnesses. The resolving of the tie by lot must be witnessed by two (2) election judges who are members of different major political parties. (d) Video. The resolving of a tie by lot may be recorded through any audio and visual recording technology. (e) Media. The chief election official may allow the media to view the resolution of a tie by lot. (f) Procedures. The chief election official may establish written procedures for implementing this section. 10-11. Reporting results. (a) Precinct summary statement. Each precinct must print a precinct summary statement, which must minimally include the number of votes in the first ranking for each candidate. (b) Ranked-choice voting tabulation center summary statement. The ranked-choice voting tabulation center must print a summary statement, which must include the following information: total votes cast, number of undervotes, number of totally defective and spoiled ballots, threshold calculation, total first choice rankings for all candidates, round-by-round tabulation results, including simultaneous batch eliminations and defeated candidate transfers, and exhausted ballots at each round. (c) Election abstract. The election abstract must include the information required in the ranked- choice voting tabulation center summary statement, with the addition of the number of registered voters by precinct, the number of Election Day voter registrations, the number of absentee voters, and all other information required by the St. Louis Park Home Rule Charter. 10-12. Recounts. (a) Required recounts. A candidate defeated in the final round of tabulation may request a recount of the votes cast for the nomination or election to that office if the difference between the final round vote total for that candidate and for a winning candidate is less than the percentage threshold as provided by Minnesota Statutes, Section 204C.36. 1. Candidates shall file a written request for the recount with the city clerk. All requests City council meeting of November 19, 2018 (Item No. 8a) Page 10 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections shall be filed during the time for notice of contest of election for which a recount is sought. 2. Upon receipt of a request made pursuant to this section, the city shall recount the votes for a municipal office at the expense of the city. (b) Discretionary candidate recounts. Candidates defeated in the final round of tabulation when the vote difference is greater than the difference required by clause (a) above, and candidates defeated in an earlier round of counting, may request a recount in the manner provided in this section at the candidate’s own expense. 1. The votes shall be recounted as provided in this section if the requesting candidate files with the city clerk a bond, cash, or surety in an amount set by the city for payment of the recount expenses. (c) Notice of contest. Time for notice of contest of election to a municipal office which is recounted pursuant to this section shall begin to run upon certification of the results by the governing body of the municipality. (d) Scope of recount. A recount conducted as provided in this section is limited in scope to the determination of the number of votes validly cast for the office to be recounted. Only the ballots cast in the election and summary statements certified by the election judges may be considered in the recount process. 10-13. Count procedures. The chief election official shall establish administrative procedures for the tabulation of votes in accordance with rules for counting the votes contained in sections of this chapter. 10-14. Electronic voting systems. All provisions of Minnesota Statutes pertaining to electronic voting equipment systems apply, to the extent they are not inconsistent with this chapter. Any voting equipment system used to conduct an election under this section must be authorized by the county auditor pursuant to Minnesota Statute Section 206.58. 10-15. Testing of voting systems. The chief election official shall have the voting system tested to verify that the system will correctly mark ballots using all methods supported by the system, and count the votes cast for all candidates and on all questions per Minnesota Statute Section 206.83. In addition to all requirements of Minnesota Statute Section 206.83, the equipment must be tested to ensure that each ranking for each candidate is recorded properly, and must be tested to ensure the accuracy of software used to perform vote transfers and produce results. 10-16. Post-election review of voting system and tabulation of results. (a) Selection of test date; notice. At canvass, the chief election official must select by lot the offices and precincts to be reviewed and set the date, time and place for the post-election review. Post-election review is not required for a hand count election. City council meeting of November 19, 2018 (Item No. 8a) Page 11 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections (b) Scope and conduct of test. The post-election review must be conducted, in public, of a sample of ballots cast for at least one (1) single-seat ranked-choice voting election for city council. (c) Single seat test. At canvass, the chief election official shall select, by lot, a total of two (2) precincts. Using the actual ballots cast in the two (2) precincts selected, the judges of the election shall conduct a hand count of ballots cast for the one (1) or two (2) offices of council member. Using procedures called for in this chapter and accompanying rules, the judges shall count and record the ballots cast. (d) Standard of acceptable performance by voting system. A comparison of the results compiled by the voting system with the results compiled by the judges of election performing the hand count must show that the results of the electronic voting system differed by no more than the applicable percentage threshold, as provided by Minnesota Statutes, section 204C.36, from the hand count of the sample tested. Valid votes that have been marked by the voter outside the vote targets or using a manual marking device that cannot be read by the voting system must not be included in making the determination whether the voting system has met the standard of acceptable performance. (e) Additional review if needed. Additional review(s) may be required as follows: (1) Additional precinct review. If a test under clause (c) reveals a difference greater than the applicable percentage threshold, as provide by Minnesota Statutes, Section 204C.36, in at least one (1) precinct of an office, the chief election official must immediately publicly select by lot two (2) additional precincts of the same office for review. The additional precinct review must be completed within two (2) days after the precincts are selected and the results immediately reported to the county auditor. (2) Additional office review. If the additional precinct review also indicates a difference in the vote totals that is greater than the applicable percentage threshold, as provided by Minnesota Statutes, section 204C.36, in at least one (1) precinct of an office, the chief election official must conduct a review of the ballots from all the remaining precincts in the office being reviewed. This review must be completed no later than two (2) weeks after the canvass. (f) Report of results. Upon completion of the post-election review, the chief election official must immediately report the results to the county auditor and make those results public. (g) Update of vote totals. If the post-election review under this section results in a change in the number of votes counted for any candidate, the revised vote totals must be incorporated in the official result from those precincts. (h) Effect on voting systems. If a voting system is found to have failed to record votes accurately and in the manner provided by this chapter, the voting system may not be used at another election until it has been approved for use by the county auditor, pursuant to Minnesota Statute Section 206.58. In addition, the county auditor may order the city to conduct a hand recount of all ballots cast in the election. City council meeting of November 19, 2018 (Item No. 8a) Page 12 Title: First reading of ordinance amending city code related to the rules of conduct for municipal elections Section 2. This ordinance shall take effect fifteen days after passage and publication according to law. Reviewed for administration: Adopted by the City Council December 3, 2018 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to form and execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney First Reading November 19, 2018 Second Reading December 3, 2018 Date of Publication December 13, 2018 Date Ordinance takes effect December 28, 2018 Meeting: City council Meeting date: November 19, 2018 Action agenda item: 8b Executive summary Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Recommended action: Motion #1: Motion to designate 15 different contractors as the lowest responsible bidders, as identified in the attached staff report, and authorize execution of contracts with those firms for the building at Westwood Hills Nature Center - Project No. 36190002. The total value of the contracts are $6,864,868.04. Motion #2: Motion to reject bid category 6B2, Southern Yellow Pine glue-lam beams. The project was bid with two options. Staff is recommending awarding 6B1, Alaskan Yellow Cedar glue-lam beams, because of the natural decay resistance of the lumber. This lumber avoids the need to use chemical sealants to preserve the wood. The 6B1 bid category is included in Motion #1. Motion#3: Motion to approve bid alternate 2B of the Westwood Hills Nature Center contract in the amount of $94,591 to upgrade the base bid frit pattern to Ornulux, a bird-friendly glass that is visually appealing to humans and effective for birds. Motion #4: Motion to approve SFI (Sustainable Forestry Initiative) certified glue-laminated beams in the amount of $13,911. Policy consideration: Does the city council wish to approve entering into contacts to proceed with the project? Summary: Staff have worked with HGA Architects and Engineers and RJM Construction to solicit bids for the Westwood Hills Nature Center project. The bid categories are listed in the discussion part of this report. RJM has vetted the low bids and is comfortable recommending the low bids and price quotes obtained for this project. Their letter with summaries is attached. Financial or budget considerations: The estimated total project budget was $12.5 million. The bids, price quotes, construction costs, the two bid alternates listed above, contingency, and consultants amounts to $12,345,492.76. This amount does not include $222,260 for the north water feature due to the position of the Basset Creek Watershed Management Commission that this water feature adds water quality improvements above and beyond the project scope. Thus, this has always been treated as a separate cost outside the project and the city will be reimbursed by Basset Creek for this improvement. As discussed with council, staff has been planning to issue 20-year G.O. (General Obligation) bonds in early 2019 to coincide with the start of the project. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion RJM Construction letter of recommendations for award of contracts Prepared by: Cynthia S. Walsh, Director of Operations and Recreation Reviewed by: Jason T. West, Superintendent of Recreation, Brian Hoffman, Director of Inspections, Mark Oestreich, Manager of Westwood Hills Nature Center Approved by: Tom Harmening, City Manager City council meeting of November 19, 2018 (Item No. 8b) Page 2 Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Discussion Background: The process for construction of a new nature center facility began in 2015 with the development of a master plan. The common themes that emerged from the master plan study are as follows: •Move the building location closer to the parking lot for convenience and accessibility yet keeping it tucked into natural setting as much as possible. •Create a gathering area where people can use the indoor space without interfering with the classrooms. •Increase the size of meeting rooms to accommodate 50 people in each small multi- purpose room and open up to have the capacity for 150 participants for special events and large gathering space. •Increase the number of parking stalls to accommodate all users of the building and outside amenities. •Design the interpretive center building to be energy efficient. •Current interpretive center location would be repurposed as an outdoor education/community gathering space. Staff believes we have incorporated all of these common themes into the design for the new building with the exception of the 150 person capacity. The final design includes two multi- purpose rooms with a seated capacity of 50 people each and one room that can accommodate up to 30 people. Retractable dividers allow all rooms to open into a single large space for a variety of uses. Bid information and analysis: Bids were received on November 2, 2018. A total of 65 bids were received for 16 bid categories. RJM has completed its review of the bids and we are recommending award of 15 of the bid categories. Bid category 6B2 (Southern Yellow Pine) is recommended to be rejected because 6B1 (Alaskan Yellow Cedar) related to the same item. The intent was to take one or the other. Staff is recommending awarding bid category 6B1 Alaskan Yellow Cedar glue-lam beams. The natural makeup of this lumber avoids the need to use chemical sealants. Staff is also recommending approval of two bid alternatives for upgrades in bird friendly glass to Ornulux for $94,591 and SFI (Sustainable Forestry Initiative) certified glue-laminated beams for $13,911 totaling $108,502. City staff and RJM have reviewed the bids and price quote categories and determined the lowest cost combination of bids and quotes. RJM has provided a letter with the summary of the low bid and price quote in each category (see attached). The low bids received are as follows: Category Company Award Amount Concrete Northland Concrete & Masonry, LLC $ 486,480.00 Carpentry Ebert Construction $ 523,000.00 Glue-Lam, Cedar Bell Structural Solutions $ 772,800.04 Cementitious Panels Nordstrom Sheetmetal and Roofing $ 174,700.00 Roofing Berwald Roofing $ 476,570.00 Windows & Doors Pella Northland Inc. $ 399,822.00 Plumbing Northern Air Corporation $ 323,000 City council meeting of November 19, 2018 (Item No. 8b) Page 3 Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project HVAC General Sheet Metal Co, LLC $ 917,000.00 Electrical Vinco, Inc $ 998,000.00 Photovoltaic Sundial Energy $ 208,095.00 Earthwork Rachel Contracting $ 522,015.00 Pier Foundations Foundation Service Corp $ 322,200.00 Landscaping Great Northern Landscapes, Inc. $ 196,923.00 Utilities St. Paul Utilities $ 314,400.00 Exhibit Fabrication Color-Ad $ 229,863.00 Total recommendation of Bid Category Award: $ 6,864,868.04 Total recommended Price Quotes obtained from RJM $ 1,614,612.76 (see attached letter from RJM) Other professional and associated construction costs including engineering, architecture, contract management, surveying, permits, SAC/WAC, furnishing, AV, security, public art and contingency. $ 3,979,769.96 Bid Alternates (2B and 4) $ 108,502 North Water Feature (reimbursable from Bassett Creek) ($ 222,260.00) Total project cost with alternates: $12,345,492.76 Proposed financing: Based on previous discussions with the council, staff has been planning to issue 20-year G.O. (General Obligation) bonds in early 2019 to coincide with the start of the project. The $222,260 cost for the north water feature will be reimbursed from Bassett Creek Watershed Management Commission in full at the completion of the project. Sustainability: Sustainability strategies and energy analysis have been developed and sustainability rating systems have been reviewed. Based on council direction, the team has designed an all-electric powered building with a goal of “zero energy”, which means one hundred percent of the building’s energy needs on a net annual basis are supplied by on-site renewable energy (https://living-future.org/net-zero/certification/). Generally, zero energy is accomplished through maximizing passive climatic opportunities, choosing efficient mechanical systems and continuing to fine tune the building’s operation to reduce energy loads dramatically. Offsite energy may need to be used during some years as elements (i.e. weather) that are beyond our control play a huge role in meeting our sustainability goals. Zero energy buildings are among the most progressive sustainable design projects in the world today. Due to the new and innovative nature of this goal, St. Louis Park has the opportunity to create a project which may be among the first (or perhaps be the first) non-residential zero energy project in Minnesota--leading the way for future sustainable design work in our cold-climate region. The Bassett Creek Watershed Management Commission (BCWMC) approached the city to add an additional water feature to the north of the new Westwood Hills Nature Center building. City council meeting of November 19, 2018 (Item No. 8b) Page 4 Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project This initiative is above and beyond the scope of the nature center project. This additional water feature will provide water quality improvement by (1) providing additional storm water runoff storage and (2) reducing runoff volume, and sediments and nutrients in the water, through infiltration, evaporation, or evapotranspiration. The water feature will also include educational benefits through signage, pedestrian bridges and interactive pumps. Staff will develop an educational curriculum based on the bog and the hydrologic cycle represented through the linear storm water feature. This partnership will be a reimbursable expense with BCWMC. The cost of this north water feature will be $222,260. We will be reimbursed for the full amount of this cost once the project is complete. Westwood Hills Nature Center programming: •Based upon the city’s strategic priorities and race and equity efforts, the department is intentionally designing the facility (structure and signage) and program offerings with a race equity lens. •A department staff member is leading the city’s outreach workgroup to find collaborative ways for departments to engage with the community. Part of these discussions include programming ideas, inclusive communication and creative ways to break down barriers in the community. •The nature center is open seven days a week and offers programs at various times during the day, evening and weekends to accommodate all populations. •The building location is sited, in part, to increase visibility and make it easier for all to use the facility. With the building being located near the parking lot, it will be easier and safer for all populations to access the new interpretive center. School District programming: Staff is working with the St. Louis Park School District to create a curriculum for the new building as well as to update current programs. •The school district is interested in collaborating on creative programming and potentially designing Westwood Hills Nature Center into their curriculum. •Staff met with Patrick Duffy, Director of Curriculum & Instruction, on September 11 to discuss building design and future school programming. •In May, staff met with PTO’s, school principals and the superintendent to discuss building design and future school programming. Public Art: The project budget includes $50,000 for public art. Staff is working with Friends of the Arts (FOTA) and the arts and culture task force to create a Request for Quotes (RFQ) to solicit artists to design and create art pieces for the new nature center building. The RFQ includes diversity, inclusivity and access into the arts and culture of WHNC. Staff and FOTA are currently researching a different artist to design and create an art glass piece that would separate the lounge with multi-purpose room A. Exhibits: The exhibits encompass five different learning areas that include the different habitats in Westwood Hills Nature Center. There is a woodland exhibit, prairie exhibit, wetland exhibit, pollinator exhibit, discovery touch table and the live program animals in aquariums and terrariums. City council meeting of November 19, 2018 (Item No. 8b) Page 5 Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Previous Council Reports: For your reference, the links to previous council reports are listed below. •August 24, 2015: Study session; start of master plan process update (pg. 114) •October 12, 2015: Study session; council update (pg. 82) •December 14, 2015: Study session; council update (pg. 62) •May 23, 2016: Study session; council reviewed the master plan (pg. 8) •June 12, 2017: Study session; architectural firm update (pg. 25) •June 19, 2017: Council authorized retaining Hammel, Green and Abrahamson, Inc. (HGA) to design a new interpretive center (pg. 268) •September 5, 2017: Council authorized retaining RJM Construction to provide construction management services for the project (pg. 119) •October 23, 2017: Study session; council update (pg. 183) •December 11, 2017: Study session; schematic design update (pg. 6) •December 18, 2017: Council authorized schematic design and to move forward with design development phase (pg. 126) •January 8, 2018: Study session; update (pg. 11) •March 26, 2018: Study session; review bonding and financing for project (pg. 12) •April 9, 2018: Study session; design development update (pg. 13) •May 14, 2018: Study session; council update (pg. 69) •May 21, 2018: Council approved the results of the design development phase and to move to the next phase of preparing construction documents (pg. 193) •October 1, 2018: Council approved plans and specifications and authorized advertisement for bids (pg.174) Next steps: If council awards the project on November 19, 2018, contracts will be executed within the next three weeks. Some tree removal and site preparation will take place before the end of the year. The main construction will begin in March of 2019. Construction of the new building will be completed by approximately the end of 2019. Deconstruction/demolition of the current building will follow once the new Westwood Hills Nature Center is open. All construction activities will be completed by the end of 2020. November 9, 2018 Cindy Walsh City of St. Louis Park 3700 Monterey Drive St. Louis Park, MN 55416 RE: WESTWOOD HILLS NATURE CENTER Recommendations for Award of Contract Dear Ms. Walsh; On November 2, 2018, bids were received at the City of St. Louis Park for the Westwood Hills Nature Center project. A total number of sixty-five (65) bids were received for sixteen (16) bid categories. RJM has completed its review of the bids and we are recommending award of all fifteen (15) of the Bid Categories received. Bid Category 6B-2 will be rejected as the City has elected to move forward with Bid Category 6B-1. In addition to the bid categories received, RJM Construction received a total of seventy- one (71) quotes for twenty-seven (27) quote categories that will be awarded at a future date. BID CATEGORY AWARD AMOUNT 3A – Concrete Base Bid: $486,480.00 Northland Concrete & Masonry Company, LLC 12026 Riverwood Drive Burnsville, MN 55337 6A – Miscellaneous Carpentry Base Bid: $523,000.00 Ebert Construction 23350 County Road 10 Corcoran, MN 55357 6B – Glue-Lam Alaskan Yellow Cedar Base Bid: $772,800.04 Bell Structural Solutions City Council meeting of November 19, 2018 (Item No. 8b) Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Page 6 778 – 1st Street NW New Brighton, MN 55112 7A – Cementitious Panels Base Bid: $174,700.00 Nordstrom Architectural Sheetmetal and Roofing 8908 Autumn Oaks Drive Unit 1 Rockford, MN 55320 7D – TPO Roofing Base Bid: $476,570.00 Berwald Roofing 2440 North Charles Street North St. Paul, MN 55109 8A – Aluminum Clad Window and Doors Base Bid: $399,822.00 Pella Northland Inc 15300 25th Ave N Plymouth, MN 55447 22A – Plumbing Base Bid: $323,000.00 Northern Air Corporation 1001 Labore Industrial Court Vadnais Heights, MN 55448 23A – HVAC Base Bid: $917,000.00 General Sheet Metal Co, LLC 2330 Louisiana Ave North Minneapolis, MN 55427 26A – Electrical Base Bid: $998,000.00 Vinco, Inc. PO Box 907 Forest Lake, MN 55025 26B – Photovoltaic Collectors Base Bid: $208,095.00 Sundial Energy 3363 Republic Avenue St. Louis Park, MN 55426 31A – Earthwork Base Bid: $522,015.00 Rachel Contracting City Council meeting of November 19, 2018 (Item No. 8b) Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Page 7 4125 Napier Court NE St. Michael, MN 55376 31B – Short Aggregate Pier Foundation System Base Bid: $322,200.00 Foundation Service Corp 200 Waterloo Road PO Box 120 Hudson, IA 50643 32C – Landscaping Base Bid: $196,923.00 Great Northern Landscapes, Inc. 19720 Iguana Street NW Elk River, MN 55330 33A – Utilities Base Bid: $314,400.00 St. Paul Utilities 190 Ryan Lane Little Canada, MN 55117 EX – Exhibit Fabricators Base Bid: $229,863.00 Color-Ad 7200 Gary Road Manassas, VA 20109 Total Recommendation of Bid Category Award: $6,864,868.04 QUOTE CATEGORY AWARD AMOUNT 1A – Surveying Base Bid: $19,850.00 Sunde Land Surveying 9001 East Bloomington Freeway Bloomington, MN 55420-345 1B – Final Clean Base Bid: $15,458.00 Midwest Specialty Maintenance 9225 East River Road NW Coon Rapids, MN 55433 3B – Polished Concrete Finish Base Bid: $19,085.00 City Council meeting of November 19, 2018 (Item No. 8b) Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Page 8 Concrete Treatments 6737 LaBeaux Ave NE3 Albertville, MN 55301 5A – Structural Steel Material Base Bid: $85,730.00 Linco Fab. Inc 12786 60th Street N.E. St. Michael, MN 55376 5B – Structural Steel Labor Base Bid: $13,155.00 Amerect, Inc. 1110 Seventh Avenue Newport, MN 55055 6C – Rough Carpentry/Wood Framing Base Bid: $158,776.89 Shaw Stewart Lumber Co. 645 Johnson St. NE Minneapolis, MN 55413 6D – Finish Carpentry Base Bid: $169,178.00 Focal Point Fixtures 660 Mayhew Lake Rd NE St. Cloud, MN 56304 7B – Sheetmetal Roofing Base Bid: $41,350.00 Central Roofing 4550 Main Street NE Minneapolis, MN 55421 7C – Bituminous Dampproofing Base Bid: $81,500.00 Exterior Building Systems 140 West 98th Street Bloomington, MN 55420 7E – Thermal Insulation Base Bid: $31,133.00 Homeco Insulation Inc 3102 103rd Lane NE Blaine, MN 55449 8B – Glazing Base Bid: $6,875.00 City Council meeting of November 19, 2018 (Item No. 8b) Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Page 9 Inglas 1418 Carroll Avenue St. Paul, MN 55104 8C – Doors/Frames/Hardware Base Bid: $85,112.00 LaForce Inc 1060 W Mason St Green Bay, WI 54303 9A – Gypsum Board Assemblies Base Bid: $174,890.00 Stern Drywall 33 5th Ave NW #1500 New Brighton, MN 55112 9B – Tiling Base Bid: $31,900.00 Multiple Concepts Int. 26 First Avenue North Waite Park, MN 56387 9C – Acoustical Ceilings Base Bid: $48,275.00 Twin City Acoustics 9449 Science Center Drive New Hope, MN 55428 9D – Flooring Base Bid: $46,200.00 Multiple Concepts Int. 26 First Avenue North Waite Park, MN 56387 9E – Painting Systems Base Bid: $87,200.00 ProTouch Painting Inc P.O. Box 805 South St. Paul, MN 55075-2493 10A - Signage Base Bid: $12,510.00 Spectrum Sign Systems 8786 West 35W Service Drive NE Blaine, MN 55449 10B – Misc. Accessories Base Bid: $14,975.00 City Council meeting of November 19, 2018 (Item No. 8b) Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Page 10 Kendall Specialties 1312 Northland Drive Mendota Heights, MN 55120 10C – Operable Partitions Base Bid: $25,650.00 Skold Specialty Contracting P.O. Box 144 Rogers, MN 55374 10D – Electric Simulated Fireplaces Base Bid: $2,475.00 Fireside Hearth and Home 6521 Cecilia Circle Edina, MN 55439 11A – Food Service Equipment Base Bid: $12,311.62 AC Carlson 8901 Bass Lake Road New Hope, MN 55428 12A – Roller Shades Base Bid: $41,748.00 CE Contract 7174 Shady Oak Rd Eden Prairie, MN 55344 21A – Fire Protection Base Bid: $50,041.00 Lifesaver Fire Protection 1000 Boone Avenue N Golden Valley, MN 55427 32A – Asphalt Base Bid: $135,000.00 Northland Paving 21716 Kenrick Avenue Lakeville, MN 55044 32B – Sitework Concrete Base Bid: $133,964.25 Curb Masters Inc 496 Farwell Ave South St Paul, MN 55075 32D – Permeable Concrete Unit Pavers Base Bid: $62,550.00 City Council meeting of November 19, 2018 (Item No. 8b) Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Page 11 Glacial Ridge 310 Oak St. S New London, MN 56273 32E – Chain Link Fences and Gates Base Bid: $7,720.00 Century Fence P.O. Box 277 Forest Lake, MN 55025 Total Recommendation of Quote Category Award: $1,614,612.76 If you should have any questions, please contact by phone at 952-837-8614. Sincerely, Tara Blotske Tara Blotske Sr. Project Manager CC: Ted Beckman – RJM Construction Bob McCulloch – RJM Construction City Council meeting of November 19, 2018 (Item No. 8b) Title: Bid Tabulation: Award bids for the Westwood Hills Nature Center Project Page 12 Meeting: City council Meeting date: November 19, 2018 Action agenda item: 8c Executive summary Title: Bond reimbursement resolution for Westwood Hills Nature Center Project Recommended action: Motion to adopt Resolution declaring the official intent of the City of St. Louis Park to reimburse certain expenditures from the proceeds of bonds to be issued by the city. Policy consideration: Does the city council want to be able to preserve our ability to reimburse ourselves from the bond proceeds for all of our city costs related to the Westwood Hills Nature Center Project? Summary: The city has in the past adopted reimbursement resolutions for projects to ensure that it has the ability to go back and reimburse itself for the costs incurred before it receives the bond proceeds. In order to preserve the ability to reimburse itself, a resolution of intent by the city to use bond proceeds to finance all or a portion of the expenditures is required prior to incurring those costs. The city is also eligible to be reimbursed for “preliminary expenditures”, such as architectural, engineering, and surveying costs, etc., up to an amount allowed under the reimbursement regulations. The attached resolution covers both the construction and preliminary expenditures. The $12,500,000 (project budget) reimbursement maximum would cover all projected costs. As discussed with the council previously, G.O. Bonds will be issued for this project. The issuance of bonds for these projects is consistent with the Long Range Financial Management Plan, and best allows the city to keep its very strong financial position. The issuance of bonds for projects such as these allows the costs to be paid over the course of twenty years. Financial or budget considerations: It is currently anticipated bonds will be issued in March/April 2019. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Resolution Prepared by: Tim Simon, Chief Financial Officer Reviewed by: Nancy Deno, Deputy City Manager/ HR Director Approved by: Tom Harmening, City Manager City council meeting of November 19, 2018 (Item No. 8c) Page 2 Title: Bond reimbursement resolution for Westwood Hills Nature Center Project Resolution no. 18-____ Declaring the official intent of the City of St. Louis Park to reimburse certain expenditures from the proceeds of bonds to be issued by the city Whereas, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and Whereas, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-exempt bond; Whereas, the City has determined to make this declaration of official intent (the “Declaration”) to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. Now, therefore, be it resolved by the city council of the city of St. Louis Park as follows: 1.The City proposes to undertake a project consisting of the construction of improvements to the Westwood Hills Nature Center (the “Project”). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of one or more series of bonds in an estimated maximum aggregate principal amount of $12,500,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4.This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are City council meeting of November 19, 2018 (Item No. 8c) Page 3 Title: Bond reimbursement resolution for Westwood Hills Nature Center Project consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Reviewed for Administration: Adopted by the City Council November 19, 2018 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk