HomeMy WebLinkAbout2015/12/07 - ADMIN - Agenda Packets - City Council - RegularAGENDA
DECEMBER 7, 2015
7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY -- Council Chambers
1. Call to Order
2. Roll Call
3. Approval of Minutes
3a. Economic Development Authority Meeting Minutes November 16, 2015
4. Approval of Agenda
5. Reports
5a. Approval of EDA Disbursements
6. Old Business – None
7. New Business
7a. Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
Recommended Action: Motion to Adopt Resolution approving the Purchase and
Redevelopment Contract between the EDA and 4900 Excelsior Apartments, LLC
(Weidner Apt Homes) related to the proposed 4900 Excelsior project at 4760 and 4900
Excelsior Blvd.
8. Communications -- None
9. Adjournment
7:30 p.m. CITY COUNCIL MEETING – Council Chambers
1. Call to Order
1a. Pledge of Allegiance
1b. Roll Call
2. Presentations
2a. Introduction of New Community Emergency Response Team Members (CERT)
2b. Recognition of Donations
3. Approval of Minutes
3a. Special City Council Meeting Minutes November 9, 2015
3b. Study Session Meeting Minutes November 9, 2015
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which
need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a
Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular
agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda.
Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive
reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda,
or move items from Consent Calendar to regular agenda for discussion.)
Meeting of December 7, 2015
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.
5. Boards and Commissions -- None
6. Public Hearings
6a. Highway 169 – W. 16th Street Access Closure (West Side)
Recommended Action: Motion to Adopt Resolution supporting the closure of the W.
16th Street access ramps on the west side of Highway 169 at W 16th Street and
construction of a visual barrier.
6b. Zero Waste Packaging Ordinance
Recommended Action: The Mayor is asked to open the public hearing, take testimony,
and then close the public hearing. If the Council desires to proceed with a zero waste
packaging ordinance staff would recommend the following action:
Motion to approve the first reading of the proposed Zero Waste Packaging Ordinance
and set the second reading for December 21, 2015.
6c. 2016 Proposed Budget, Tax Levies and Truth in Taxation Public Hearing
Recommended Action:
• Information will be presented pertaining to the 2016 Budget, 2016 Preliminary
Property Tax Levy, and other general tax and budgetary information.
• After the presentation, the Mayor is asked to open the public hearing, solicit
comments and close the public hearing. There is no other formal action required at
this meeting.
7. Requests, Petitions, and Communications from the Public -- None
8. Resolutions, Ordinances, Motions and Discussion Items
8a. Ordinance Amending St. Louis Park City Code Chapter 3, Section 57 Related to
Microdistillery Licenses
Recommended Action: Motion to approve the first reading of an ordinance amending
St. Louis Park City Code Chapter 3, Section 57 to provide for microdistillery cocktail
room licenses and microdistillery off-sale licenses and to schedule the second reading of
the ordinance for December 21, 2015.
8b. 4900 Excelsior - Final Plat and Final Planned Unit Development (PUD - First Reading)
Recommended Action:
• Motion to Adopt Resolution approving the Final Plat of PARK COMMONS WEST
for properties at 4760 and 4900 Excelsior Boulevard, subject to conditions.
• Motion to approve First Reading of the Ordinance creating Section 36-268-PUD 2
and amending the Zoning Map from MX Mixed Use and R-C High Density Multiple
Family Residence to PUD 2 for property bound by Excelsior Boulevard, Quentin
Avenue South, Park Commons Drive and Princeton Avenue South, and to set the
Second Reading of the Ordinance for December 14, 2015.
9. Communications -- None
Meeting of December 7, 2015
City Council Agenda
CONSENT CALENDAR
4a. Accept for filing City Disbursement Claims for the period of October 24, 2015 through
November 27, 2015.
4b. Adopt Resolution authorizing Worker’s Compensation insurance renewal effective
December 1, 2015 and ongoing.
4c. Adopt the amendment to the agreement with the St. Louis Park Hockey Association
for its contribution to the construction of an outdoor refrigerated ice rink.
4d. Adopt Resolution accepting work and authorizing final payment in the amount of
$13,595.70 for the annual Sanitary Sewer Mainline Rehabilitation Project with
Insituform Technologies USA, LLC. - Project No. 4014-3003, City Contract No. 36-
15.
4e. Adopt Resolution accepting work and authorizing final payment in the amount of
$20,552.71 for the annual Street Sealcoat Project with Pearson Brothers Inc. - Project
No. 4015-1200, City Contract No. 51-15.
4f. Adopt Resolution authorizing final payment in the amount of $9,906.18 for the annual
Concrete Replacement Project with Standard Sidewalk, Inc. - Project No. 4014-0003,
City Contract No. 103-14.
4g. Approve bid alternates and the addition of LED lighting upgrades in both ice arenas as
a part of The Rec Center Refrigeration Replacement Project.
4h. Adopt Resolution approving acceptance of a monetary donation from Solo Dock
Company in Wayzata in the amount of $100 for Cobblecrest Neighborhood
Association.
4i. Adopt Resolution to recognize Public Service Worker Donald Schmaus for his 30
years of service to the City of St. Louis Park.
4j. Approve for filing Environment & Sustainability Commission Minutes October 7, 2015
St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel
17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at
www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in
the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon
on Friday on the city’s website.
Meeting: Economic Development Authority
Meeting Date: December 7, 2015
Minutes: 3a
UNOFFICIAL MINUTES
ECONOMIC DEVELOPMENT AUTHORITY
ST. LOUIS PARK, MINNESOTA
NOVEMBER 16, 2015
1. Call to Order
President Mavity called the meeting to order at 7:20 p.m.
Commissioners present: President Anne Mavity, Tim Brausen, Gregg Lindberg, Susan Sanger,
and Jake Spano.
Commissioners absent: Steve Hallfin and Jeff Jacobs.
Staff present: Executive Director (Mr. Harmening), Economic Development Coordinator (Mr.
Hunt), Community Development Director (Mr. Locke), Senior Planner (Mr. Walther),
Communications Specialist (Ms. Pribbenow), and Recording Secretary (Ms. Staple).
2. Roll Call
3. Approval of Minutes
3a. Economic Development Authority Meeting Minutes November 2, 2015
The EDA minutes were approved as presented.
The motion passed 5-0 (Commissioners Hallfin and Jacobs absent).
4. Approval of Agenda
It was moved by Commissioner Lindberg, seconded by Commissioner Spano, to approve
the EDA agenda as presented.
The motion passed 5-0 (Commissioners Hallfin and Jacobs absent).
5. Reports – None
6. Old Business – None
7. New Business
7a. Establishment of 4900 Excelsior Tax Increment Financing District.
Resolution No. 15-26, Resolution No. 15-27 and Resolution No. 15-28.
Mr. Hunt presented the staff report and provided information on the 1.68-acre
redevelopment site, which will create 4900 Excelsior. He provided details on the
proposed development that would include both residential and retail space. He stated that
there are extraordinary costs to redevelop this site and therefore the applicant has applied
Economic Development Authority Meeting of December 7, 2015 (Item No. 3a) Page 2
Title: Economic Development Authority Meeting Minutes of November 16, 2015
to the EDA to offset a portion of the redevelopment costs, which would enable the project
to proceed. He advised that the Council provided previous consensus support through
previous study sessions. He stated that the EDA and City Council is being asked to
remove the subject properties from the existing Park Commons TIF District and create
the new 4900 Excelsior TIF District. He provided additional details on the proposed TIF
District and noted that authorization of establishing the TIF District would not commit
the EDA to any specific level of funding for the developer. He stated that staff
recommends adoption of the Resolutions as proposed.
President Mavity clarified that this action would remove the subject parcels from the
existing TIF District and place them into the new District so that the project would be
eligible to receive funds.
Commissioner Sanger stated that she would be opposing this vote because she believes
that this project is too big and out of scale for the site. She also did not believe there
would be sufficient parking available.
President Mavity confirmed that the EDA and City Council would both be taking action
on this item tonight. She stated that she would support this item as the site is currently
generating a very little amount of tax for the City and is blight. She stated that the
amount of investment the City would be making, $2,800,000 would be for a project
valued at $32,000,000. She explained that the City would be paid back after seven years
and the project will pay itself back in taxes multiple times over the years. She noted that
this will also bring more people and energy into the neighborhood.
It was moved by Commissioner Lindberg, seconded by Commissioner Brausen, to waive
the reading and adopt EDA Resolution No. 15-26, approving the elimination of parcels
from the Park Commons Redevelopment Tax Increment Financing District (Hennepin
County TIF District No. 1308), within Redevelopment Project No. 1, in the City of St.
Louis Park).
The motion passed 4-1 (Commissioner Sanger opposed) (Commissioners Hallfin and
Jacobs absent).
It was moved by Commissioner Brausen, seconded by Commissioner Spano, to waive the
reading and adopt EDA Resolution No. 15-27, approving the establishment of 4900
Excelsior Tax Increment Financing District within Redevelopment Project No. 1 (a
redevelopment district).?.
The motion passed 4-1 (Commissioner Sanger opposed) (Commissioners Hallfin and
Jacobs absent).
It was moved by Commissioner Spano, seconded by Commissioner Lindberg, to adopt
EDA Resolution No. 15-28, authorizing an Interfund Loan for advance of certain costs
in connection with the administration of 4900 Excelsior TIF District.
The motion passed 4-1 (Commissioner Sanger opposed) (Commissioners Hallfin and
Jacobs absent).
Economic Development Authority Meeting of December 7, 2015 (Item No. 3a) Page 3
Title: Economic Development Authority Meeting Minutes of November 16, 2015
7b. Public Hearing Purchase and Redevelopment Contract with KTJ 247, LLC –
4900 Excelsior Boulevard. Resolution No. 15-29.
Mr. Hunt presented the staff report and stated that the extraordinary site preparation costs
for the 4900 Excelsior site exceed $7,100,000 and would prevent the project from being
financially feasible. He stated that the applicant applied to the EDA for a portion of the
costs, and the EDA’s financial advisor identified a gap and but for the proposed tax
increment, the project could not move forward.. He stated that it was determined that if
$2,800,000 were provided in tax increment towards the site preparations, the project
would be feasible and could move forward. He explained that the funds would be paid
over approximately seven years and the proposed amount of assistance is consistent with
financing requested by other similar sized developments in the City. He noted that the
Council had previously reviewed this item and consensus was given through an October
study session. He provided additional details on the terms of the contract between the
EDA and developer, noting that this would allow the developer to remove a highly
visible blighted building from the City and create an attractive mixed use site. He stated
that the investment would create over $38 million in new taxable value; increase the
market value of the site by 1,600 percent; and also bring in a new retail business, which
would create 85 new employment positions and new housing units. He stated that staff
recommends holding the public hearing and then approving the contract as presented.
Martha Ingrim, Kennedy and Graven, clarified that the public hearing tonight is on the
EDA sale of property.
President Mavity opened the public hearing. No speakers were present. President
Mavity closed the public hearing.
It was moved by Commissioner Brausen, seconded by Commissioner Spano, to waive the
reading and adopt EDA Resolution No. 15-29, approving the Purchase and
Redevelopment Contract between the EDA and KTJ 247, LLC (Oppidan Investment
Company) related to the proposed 4900 Excelsior project at 4760 and 4900 Excelsior
Boulevard.
Cindy Bovota, 4820 Park Commons Drive, asked how tall the building would be. She
stated that they live at Wolf Lake and are interested in installing solar collectors. She
was worried that the building would block the sun that could be collected on their site.
President Mavity explained the design of the building is not under consideration at this
time and would be included in the discussion for the PUD.
Mr. Hunt stated that the maximum height of the building is 75 feet.
Mr. Walthers presented the shadow study that was completed and provided additional
information. He noted that there is a daily limit on the length of time shadowing can
occur on neighboring buildings, noting that the City allows 60 days of exception
throughout the year.
Commissioner Brausen stated that the Council spent a lot of time in study sessions, as did
staff, reviewing proposals for this site. He noted that the decision has not been made
lightly and several proposals have been rejected. He noted that the project will provide
Economic Development Authority Meeting of December 7, 2015 (Item No. 3a) Page 4
Title: Economic Development Authority Meeting Minutes of November 16, 2015
many benefits including a grocery store, affordable housing units, employment positions,
and an improvement to a blighted site.
The motion passed 4-1 (Commissioner Sanger opposed) (Commissioners Hallfin and
Jacobs absent).
7c. First Amendment to Redevelopment Contract with Cedar Lake Road
Apartments, LLC. Resolution No. 15-30 and Resolution No. 15-31.
Mr. Hunt presented the staff report and stated that the EDA and City entered into a
redevelopment contract the previous July and the developer agreed to construct two
apartment buildings and two single family homes by December 1st. He noted that the
apartment buildings will be complete but the single family homes will not and the
developer has requested an amendment to the contract to extend the contract date to
December 31, 2016 to allow for construction of the homes. He stated that the proposed
partial assignment would transfer the remaining liability to Lakewest, the purchaser of
the single family lots that will be building the homes. He provided additional details on
the agreement. He stated that the EDA legal counsel drafted the documents and
recommends their approval.
It was moved by Commissioner Brausen, seconded by Commissioner Spano, to waive the
reading and adopt EDA Resolution No. 15-30, approving the First Amendment to the
Contract for Private Redevelopment with Cedar Lake Road Apartments, LLC.
The motion passed 5-0 (Commissioners Hallfin and Jacobs absent).
It was moved by Commissioner Brausen, seconded by Commissioner Spano, to waive the
reading and adopt EDA Resolution No. 15-31, Partial Assignment and Assumption of
Redevelopment Contract between the Redeveloper and Lake West Development.
The motion passed 5-0 (Commissioners Hallfin and Jacobs absent).
8. Communications – None
9. Adjournment
The meeting adjourned at 7:43 p.m.
______________________________________ ______________________________________
Melissa Kennedy, Secretary President
Meeting: City Council
Meeting Date: December 7, 2015
EDA Item: 5a
EXECUTIVE SUMMARY
TITLE: Approval of EDA Disbursements
RECOMMENDED ACTION: Motion to accept for filing EDA Disbursement Claims for the
period of October 24, 2015 through November 27, 2015.
POLICY CONSIDERATION: Does the EDA desire to approve EDA disbursements in
accordance with Article V – Administration of Finances, of the EDA Bylaws?
SUMMARY: The Accounting Division prepares this report on a monthly basis for the EDA to
review and approve. The attached reports show both EDA disbursements paid by physical check
and those by wire transfer or Automated Clearing House (ACH) when applicable.
FINANCIAL OR BUDGET CONSIDERATION: Review and approval of the information
follows the EDA’s Bylaws and provides another layer of oversight to further ensure fiscal
stewardship.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: EDA Disbursements
Prepared by: Connie Neubeck, Account Clerk
Reviewed by: Brian A. Swanson, Controller
11/30/2015CITY OF ST LOUIS PARK 6:51:16R55CKS2 LOGIS400V
1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
11/27/201510/24/2015 -
Amount
ObjectVendorBU Description
396.00CAMPBELL KNUTSON PROF ASSOC DEVELOPMENT - EDA G&A LEGAL SERVICES
396.00
25.72CITIZENS INDEPENDENT BANK DEVELOPMENT - EDA G&A MEETING EXPENSE
25.72
51,704.29COB LLC HILLCREST (NESTLE REDEV PROJ)OTHER TECHNICAL SERVICES
51,704.29
15,720.86DMD PROPERTIES LLC MCGARVEY COFFEE SITE NOTES PAYABLE-CURRENT PORTION
14,279.14MCGARVEY COFFEE SITE INTEREST/FINANCE CHARGES
30,000.00
551.25EHLERS & ASSOCIATES INC ELIOT PARK TIF DIST G&A OTHER CONTRACTUAL SERVICES
551.25WEST END TIF DIST G&A OTHER CONTRACTUAL SERVICES
551.25ELLIPSE ON EXC TIF DIST G&A OTHER CONTRACTUAL SERVICES
551.25PARK CENTER HOUSING G&A OTHER CONTRACTUAL SERVICES
551.25CSM TIF DIST G&A OTHER CONTRACTUAL SERVICES
551.25MILL CITY G&A OTHER CONTRACTUAL SERVICES
551.25PARK COMMONS G&A OTHER CONTRACTUAL SERVICES
551.25EDGEWOOD TIF DIST G & A OTHER CONTRACTUAL SERVICES
551.25ELMWOOD VILLAGE G & A OTHER CONTRACTUAL SERVICES
551.25WOLFE LAKE COMMERCIAL TIF G&A OTHER CONTRACTUAL SERVICES
551.25AQUILA COMMONS G & A OTHER CONTRACTUAL SERVICES
551.25HWY 7 BUSINESS CENTER G & A OTHER CONTRACTUAL SERVICES
6,615.00
252.00GREEN HORIZONS 7015 WALKER-REYNOLDS WELD PROP LAND MAINTENANCE
306.004601 HWY 7 PROP ACQUISITION LAND MAINTENANCE
189.00MCGARVEY COFFEE SITE LAND MAINTENANCE
120.00PARK COMMONS G&A LAND MAINTENANCE
867.00
6.00GROVE, JULIE DEVELOPMENT - EDA G&A MEETING EXPENSE
41.40DEVELOPMENT - EDA G&A MILEAGE-PERSONAL CAR
47.40
4,245.00JOURNAL COMMUNICATIONS INC DEVELOPMENT - EDA G&A ADVERTISING
4,245.00
578.00KENNEDY & GRAVEN DEVELOPMENT - EDA G&A LEGAL SERVICES
Economic Development Authority Meeting of December 7, 2015 (Item No. 5a)
Title: Approval of EDA Disbursements Page 2
11/30/2015CITY OF ST LOUIS PARK 6:51:16R55CKS2 LOGIS400V
2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
11/27/201510/24/2015 -
Amount
ObjectVendorBU Description
80.00WOODDALE POINTE LEGAL SERVICES
658.00
66.25LHB ENGINEERS & ARCHITECTS LOUISIANA LRT STATION OTHER CONTRACTUAL SERVICES
764.25ELLIPSE II G&A OTHER CONTRACTUAL SERVICES
1,169.75DEVELOPMENT - EDA G&A OTHER CONTRACTUAL SERVICES
83.75HARD COAT G & A OTHER CONTRACTUAL SERVICES
2,084.00
12,000.00LOCKRIDGE GRINDAL NAUEN PLLP DEVELOPMENT - EDA G&A LEGAL SERVICES
12,000.00
235.00MN COMMERCIAL ASSN OF REAL ESTATE DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPS
235.00
562.50MPCAHWY 7 & LOUISIANA ENVIRONMENT ANALYSIS
562.50
34.09OFFICE DEPOT DEVELOPMENT - EDA G&A OFFICE SUPPLIES
34.09
73,535.73ST LOUIS PARK CONV & VISITORS BUREAU CONVENTION & VISITORS BUREAU COST REIMBURSEMENT-CVB
73,535.73
100.00ST LOUIS PARK SUNRISE ROTARY DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPS
100.00
1,089.00XCELIGENT INC DEVELOPMENT - EDA G&A SUBSCRIPTIONS/MEMBERSHIPS
1,089.00
Report Totals 184,198.73
Economic Development Authority Meeting of December 7, 2015 (Item No. 5a)
Title: Approval of EDA Disbursements Page 3
Meeting: Economic Development Authority
Meeting Date: December 7, 2015
Action Agenda Item: 7a
EXECUTIVE SUMMARY
TITLE: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
RECOMMENDED ACTION: Motion to Adopt Resolution approving the Purchase and
Redevelopment Contract between the EDA and 4900 Excelsior Apartments, LLC (Weidner Apt
Homes) related to the proposed 4900 Excelsior project at 4760 and 4900 Excelsior Blvd.
POLICY CONSIDERATIONS: Is the new Purchase and Redevelopment Contract between
the EDA and 4900 Excelsior Apartments, LLC to facilitate the construction of the 4900 Excelsior
project at 4760 and 4900 Excelsior Blvd in keeping with Councils expectations?
SUMMARY: As discussed at the November 23rd Study Session, Oppidan Investment Company
wishes to transfer its ownership interests in the 4900 Excelsior project to Weidner Apartment
Homes. Upon further review of the project plans as proposed in the Final Plat/PUD (Ordinance
2483-15), Weidner is considering a reduction in the total number of apartments from 176 to 164
resulting in an increase in the number of 2-bedroom units. Should that occur, Weidner has
agreed to retain the 18 affordable units as originally proposed. With Weidner assuming the
project’s Redeveloper role, staff requested updated information and project pro forma reflecting
the new ownership and the revised plans. Upon review and discussion with Weidner, Ehlers and
staff recommend that the amount of tax increment provided to the project remain unchanged but
that there should be a clarification within the lookback section of the Contract. Given all the
above, and the fact that the Purchase and Redevelopment Contract with KTJ 247, LLC has not
been executed, legal counsel recommends that the EDA enter into a new Purchase and
Redevelopment Contract with Weidner under the name 4900 Excelsior Apartments, LLC. The
new proposed Contract is substantially the same as the previous one approved with Oppidan but
has been revised to reflect the new Redeveloper, the range in the total number of apartment units
from 176 to 164, and the clarification to the lookback section.
FINANCIAL OR BUDGET CONSIDERATION: Terms of conveyance of the EDA’s
property at 4760 Excelsior Blvd under the new contract with Weidner remain unchanged. In
order for the 4900 Excelsior project to achieve financial feasibility, the EDA agrees to reimburse
Weidner for certain qualified site preparation costs up to $2,800,000 in pay-as-you-go tax
increment generated by the project for a term of approximately 7 years. Should the total number
of units be reduced to 164, the term of the Note would increase to approximately 7.5 years.
Once the TIF Note is fully paid, the additional property taxes generated by the project would
accrue to the applicable taxing jurisdictions.
VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and
diverse housing stock.
SUPPORTING DOCUMENTS: Resolution of Approval
Purchase and Redevelopment Contract
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, EDA Executive Director and City Manager
Economic Development Authority Meeting of December 7, 2015 (Item No. 7a) Page 2
Title: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 15-____
RESOLUTION APPROVING A
PURCHASE AND REDEVELOPMENT CONTRACT
AND AWARDING THE SALE OF, AND PROVIDING THE
FORM, TERMS, COVENANTS AND DIRECTIONS
FOR THE ISSUANCE OF ITS TAX INCREMENT REVENUE NOTE
TO 4900 EXCELSIOR APARTMENTS LLC.
BE IT RESOLVED BY the Board of Commissioners ("Board") of the St. Louis Park
Economic Development Authority (the "Authority") as follows:
Section 1. Recitals; Approval and Authorization; Award of Sale.
1.01. Recitals. (a) The Authority and the City of St. Louis Park have heretofore approved
the establishment of the 4900 Excelsior Tax Increment Financing District (the "TIF District") within
Redevelopment Project No. 1 ("Project"), and have adopted a tax increment financing plan for the
purpose of financing certain improvements within the Project.
(b) To facilitate the redevelopment of certain property within the Project and TIF
District, the Authority and KTJ 247, LLC (“KTJ”) previously negotiated a Purchase and
Redevelopment Contract (the “Agreement”) which provides for the conveyance of certain
Authority-owned property (the “Property”) to KTJ, the construction by KTJ of a mixed-use
rental housing and retail facility and associated parking on the Property, and the issuance of the
Authority’s Tax Increment Revenue Note, Series 20__ (the “Note”) to KTJ.
(c) On October 21, 2015, 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 plan.
(d) On November 16, 2015, the Authority conducted a duly noticed public hearing
regarding the conveyance of the Property to KTJ pursuant to the Agreement, at which all interested
parties were given an opportunity to be heard, and reviewed the Agreement and found that the
execution thereof and performance of the Authority's obligations thereunder, including the
conveyance of the Property to KTJ, are in the best interest of the City and its residents.
(e) Following approval of the Agreement but prior to execution of the same, KTJ
requested that 4900 Excelsior Apartments LLC (the “Redeveloper”) replace KTJ as the redeveloper
under the Agreement, subject to re-approval of the Agreement by the Authority.
1.02. Approval of Agreement. (a) The Agreement as modified to reflect replacement of
KTJ with the Redeveloper and a decrease in the total number of rental units from 176 to 164, is
hereby in all respects approved, subject to modifications that do not alter the substance of the
transaction and that are approved by the President and Executive Director, provided that execution
of the Agreement by such officials shall be conclusive evidence of approval. The Board hereby
ratifies its approval of the conveyance of the Property pursuant to the terms of the Agreement.
Economic Development Authority Meeting of December 7, 2015 (Item No. 7a) Page 3
Title: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
(b) Authority staff and officials are authorized to take all actions necessary to perform
the Authority’s obligations under the Agreement as a whole, including without limitation execution
of any documents to which the Authority is a party referenced in or attached to the Agreement, and
any deed or other documents necessary to convey the Property to Redeveloper, all as described in
the Agreement.
1.03. Authorization of Note. Pursuant to Minnesota Statutes, Section 469.178, the
Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public
development costs of the Project. Such bonds are payable from all or any portion of revenues
derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds
and determines that it is in the best interests of the Authority that it issue and sell the Note to the
Owner for the purpose of financing certain Public Redevelopment Costs of the Project.
1.04. Issuance, Sale, and Terms of the Note. (a) The Authority hereby authorizes the
President and Executive Director to issue the Note in accordance with the Agreement. All
capitalized terms in this resolution have the meaning provided in the Agreement unless the context
requires otherwise.
(b) The Note shall be issued in the maximum aggregate principal amount of $2,800,000 to
the Owner in consideration of certain eligible costs incurred by the Owner under the Agreement,
shall be dated the date of delivery thereof, and shall bear interest at the rate of 4.5% per annum from
the date of issue to the earlier of maturity or prepayment. The Note will be issued in the principal
amount of Public Redevelopment Costs submitted and approved in accordance with Section 3.7 of
the Agreement. The Note is secured by Available Tax Increment, as further described in the form
of the Note herein. The Authority hereby delegates to the Executive Director the determination of
the date on which the Note is to be delivered, in accordance with the Agreement.
Section 2. Form of Note. The Note shall be in substantially the following form, with
the blanks to be properly filled in and the principal amount adjusted as of the date of issue:
Economic Development Authority Meeting of December 7, 2015 (Item No. 7a) Page 4
Title: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
No. R-1 $_____________
TAX INCREMENT REVENUE NOTE
SERIES 20__
Date
Rate of Original Issue
4.5%
The St. Louis Park Economic Development Authority (“Authority”) for value received,
certifies that it is indebted and hereby promises to pay to 4900 Excelsior Apartments LLC or
registered assigns (the "Owner"), the principal sum of $__________ and to pay interest thereon at
the rate of 4.5% per annum, solely from the sources and to the extent set forth herein. Capitalized
terms shall have the meanings provided in the Purchase and Redevelopment Contract between the
Authority and the Owner, dated as of __________, 2015 (the "Agreement"), unless the context
requires otherwise.
1. Payments. Principal and interest ("Payments") shall be paid on August 1, 20__ and
each February 1 and August 1 thereafter to and including February 1, 20__ ("Payment Dates") in the
amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to
accrued interest, and then to unpaid principal. Interest accruing from the date of issue through and
including February 1, 20__ shall be compounded semiannually on February 1 and August 1 of each
year and added to principal.
Payments are payable by mail to the address of the Owner or such other address as the
Owner may designate upon 30 days written notice to the Authority. Payments on this Note are
payable in any coin or currency of the United States of America which, on the Payment Date, is
legal tender for the payment of public and private debts.
2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal,
commencing on the date of original issue. Interest shall be computed on the basis of a year of 360
days and charged for actual days principal is unpaid.
3. Available Tax Increment. (a) Payments on this Note are payable on each Payment
Date solely from and in the amount of Available Tax Increment, which shall mean 95% of the Tax
Increment attributable to the Minimum Improvements and Redevelopment Property that is paid to
the Authority by Hennepin County in the six months preceding each Payment Date on the Note.
(b) The Authority shall have no obligation to pay principal of and interest on this Note on
each Payment Date from any source other than Available Tax Increment and the failure of the
Authority to pay principal or interest on this Note on any Payment Date shall not constitute a default
hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax
Economic Development Authority Meeting of December 7, 2015 (Item No. 7a) Page 5
Title: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
Increment. The Authority shall have no obligation to pay any unpaid balance of principal or
accrued interest that may remain after the final Payment on February 1, 20__.
4. Default. If on any Payment Date there has occurred and is continuing any Event of
Default under the Agreement, the Authority may withhold from payments hereunder under all
Available Tax Increment. If the Event of Default is thereafter cured in accordance with the
Agreement, the Available Tax Increment withheld under this Section shall be deferred and paid,
without interest thereon, within 30 days after the Event of Default is cured. If the Event of Default
is not cured in a timely manner, the Authority may terminate this Note by written notice to the
Owner in accordance with the Agreement.
5. Prepayment. (a) The principal sum and all accrued interest payable under this Note
is prepayable in whole or in part at any time by the Authority without premium or penalty. No
partial prepayment shall affect the amount or timing of any other regular Payment otherwise
required to be made under this Note.
(b) Upon receipt by Redeveloper of the Authority’s written statement of the
Participation Amount as described in Section 3.9 of the Agreement, one hundred percent of such
Participation Amount will be deemed to constitute, and will be applied to, prepayment of the
principal amount of this Note. Such deemed prepayment is effective as of the date of delivery of
such statement to the Owner, and will be recorded by the Registrar in its records for the Note. Upon
request of the Owner, the Authority will deliver to the Owner a statement of the outstanding
principal balance of the Note after application of the deemed prepayment under this paragraph.
6. Nature of Obligation. This Note is one of an issue in the total principal amount of
$_________________, issued to aid in financing certain public redevelopment costs and
administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes,
Sections 469.001 through 469.047, and is issued pursuant to an authorizing resolution (the
"Resolution") duly adopted by the Authority on ________, 2015, and pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes,
Sections 469.174 to 469.1794, as amended. This Note is a limited obligation of the Authority which
is payable solely from Available Tax Increment pledged to the payment hereof under the
Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation
of the State of Minnesota or any political subdivision thereof, including, without limitation, the
Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to
pay the principal of or interest on this Note or other costs incident hereto except out of Available
Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or
any political subdivision thereof is pledged to the payment of the principal of or interest on this Note
or other costs incident hereto.
7. Registration and Transfer. This Note is issuable only as a fully registered note
without coupons. As provided in the Resolution, and subject to certain limitations set forth therein,
this Note is transferable upon the books of the Authority kept for that purpose at the principal office
of the City Finance Director, by the Owner hereof in person or by such Owner's attorney duly
authorized in writing, upon surrender of this Note together with a written instrument of transfer
satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the
payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority
with respect to such transfer or exchange, there will be issued in the name of the transferee a new
Economic Development Authority Meeting of December 7, 2015 (Item No. 7a) Page 6
Title: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the
same dates.
Except as otherwise provided in Section 3.7(d) of the Agreement, this Note shall not be
transferred to any person or entity, unless the Authority has provided written consent to such
transfer and the Authority has been provided with an opinion of counsel or a certificate of the
transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and
prospectus delivery requirements of federal and applicable state securities laws.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be
performed in order to make this Note a valid and binding limited obligation of the Authority
according to its terms, have been done, do exist, have happened, and have been performed in due
form, time and manner as so required.
IN WITNESS WHEREOF, the Board of Commissioners of the St. Louis Park Economic
Development Authority have caused this Note to be executed with the manual signatures of its
President and Executive Director, all as of the Date of Original Issue specified above.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
Executive Director President
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Title: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register of
the City Finance Director, in the name of the person last listed below.
Date of Signature of
Registration Registered Owner____ City Finance Director
4900 Excelsior Apartments LLC
Federal Tax I.D. No. _____________
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Title: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
Section 3. Terms, Execution and Delivery.
3.01. Denomination, Payment. The Note shall be issued as a single typewritten note
numbered R-1.
The Note shall be issuable only in fully registered form. Principal of and interest on the
Note shall be payable by check or draft issued by the Registrar described herein.
3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable
by mail to the owner of record thereof as of the close of business on the fifteenth day of the month
preceding the Payment Date, whether or not such day is a business day.
3.03. Registration. The Authority hereby appoints the City Finance Director to perform
the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of
registration and the rights and duties of the Authority and the Registrar with respect thereto shall be
as follows:
(a) Register. The Registrar shall keep at its office a bond register in which the Registrar
shall provide for the registration of ownership of the Note and the registration of transfers and
exchanges of the Note.
(b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly
authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, a new Note of a like aggregate principal amount
and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be
transferred to any person other than an affiliate, or other related entity, of the Owner unless the
Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form
satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery
requirements of federal and applicable state securities laws. The Registrar may close the books for
registration of any transfer after the fifteenth day of the month preceding each Payment Date and
until such Payment Date.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled
by the Registrar and thereafter disposed of as directed by the Authority.
(d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on
such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no
liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in
whose name the Note is at any time registered in the bond register as the absolute owner of the
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on such Note and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order shall be valid and
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Title: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC
effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the
sum or sums so paid.
(f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee,
or other governmental charge required to be paid with respect to such transfer or exchange.
(g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated
or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates
and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of
and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen,
or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost,
stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the
Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar
shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the
mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in
accordance with its terms, it shall not be necessary to issue a new Note prior to payment.
3.04. Preparation and Delivery. The Note shall be prepared under the direction of the
Executive Director and shall be executed on behalf of the Authority by the signatures of its
President and Executive Director. In case any officer whose signature shall appear on the Note shall
cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid
and sufficient for all purposes, the same as if such officer had remained in office until delivery.
When the Note has been so executed, it shall be delivered by the Executive Director to the Owner
thereof in accordance with the Agreement.
Section 4. Security Provisions.
4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest
on the Note all Available Tax Increment as defined in the Note.
Available Tax Increment shall be applied to payment of the principal of and interest on the Note in
accordance with the terms of the form of Note set forth in Section 2 of this resolution.
4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof
or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the
Authority shall maintain a separate and special "Bond Fund" to be used for no purpose other than
the payment of the principal of and interest on the Note. The Authority irrevocably agrees to
appropriate to the Bond Fund on or before each Payment Date the Available Tax Increment in an
amount equal to the Payment then due, or the actual Available Tax Increment, whichever is less.
Any Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority's
account for the TIF District upon the termination of the Note in accordance with its terms.
4.03. Additional Obligations. The Authority will issue no other obligations secured in
whole or in part by Available Tax Increment unless such pledge is on a subordinate basis to the
pledge on the Note.
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Section 5. Certification of Proceedings.
5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and
directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and
records of the Authority, and such other affidavits, certificates, and information as may be required
to show the facts relating to the legality and marketability of the Note as the same appear from the
books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed
representations of the Authority as to the facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon approval.
Reviewed for Administration: Adopted by the Economic Development
Authority December 7, 2015
Tom Harmening, Executive Director Anne Mavity, President
Attest
Secretary
472015v1 MNI SA285-106
Draft for EDA approval, December 4, 2015
PURCHASE AND REDEVELOPMENT CONTRACT
By and Between
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
and
4900 EXCELSIOR APARTMENTS LLC
Dated as of: December____, 2015
This document was drafted by:
KENNEDY & GRAVEN, Chartered (MNI)
470 U.S. Bank Plaza
Minneapolis, Minnesota 55402
(612) 337-9300
http://www.kennedy-graven.com
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472015v1 MNI SA285-106 i
TABLE OF CONTENTS
Page
PREAMBLE ......................................................................................................................................... 1
ARTICLE I
Definitions
Section 1.1. Definitions .................................................................................................................... 2
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority ................................................................................. 6
Section 2.2. Representations and Warranties by the Redeveloper ................................................... 7
ARTICLE III
Property Acquisition; Public Redevelopment Costs
Section 3.1. Conveyance of the Property ......................................................................................... 9
Section 3.2. Purchase Price; Provisions for Payment ....................................................................... 9
Section 3.3. Conditions of Conveyance ........................................................................................... 9
Section 3.4. Place of Document Execution, Delivery and Recording ........................................... 11
Section 3.5. Title ............................................................................................................................. 12
Section 3.6. Environmental Conditions .......................................................................................... 13
Section 3.7. Issuance of Note ......................................................................................................... 13
Section 3.8. TIF Lookback ............................................................................................................. 14
Section 3.9. Business Subsidy ........................................................................................................ 15
Section 3.10. Payment of Authority Costs ....................................................................................... 16
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements ................................................................................... 17
Section 4.2. Construction Plans ...................................................................................................... 17
Section 4.3. Commencement and Completion of Construction ..................................................... 18
Section 4.4. Certificate of Completion ........................................................................................... 19
Section 4.5. Records ....................................................................................................................... 19
Section 4.6. Connectivity ................................................................................................................ 19
Section 4.7. Redeveloper Public Improvements ............................................................................ 19
Section 4.8. Public Art .................................................................................................................... 20
Section 4.9. Inclusionary Housing .................................................................................................. 20
Section 4.10. Property Management ................................................................................................ 20
Section 4.11. Special Service District; Maintenance ....................................................................... 21
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472015v1 MNI SA285-106 ii
ARTICLE V
Insurance
Section 5.1. Insurance ..................................................................................................................... 22
Section 5.2. Subordination .............................................................................................................. 23
ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes ............................................................................. 24
Section 6.2. Review of Taxes ......................................................................................................... 24
Section 6.3. Assessment Agreement .............................................................................................. 24
ARTICLE VII
Other Financing
Section 7.1. Generally ..................................................................................................................... 25
Section 7.2. Authority’s Option to Cure Default on Mortgage ...................................................... 25
Section 7.3. Modification; Subordination ...................................................................................... 25
ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development ............................................................................. 26
Section 8.2. Prohibition Against Redeveloper’s Transfer of Property and
Assignment of Agreement .......................................................................................... 26
Section 8.3. Release and Indemnification Covenants .................................................................... 27
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined .......................................................................................... 29
Section 9.2. Remedies on Default .................................................................................................. 29
Section 9.3. Revesting Title in Authority Upon Happening of Event Subsequent to
Conveyance to Redeveloper ....................................................................................... 30
Section 9.4. Resale of Reacquired Property; Disposition of Proceeds .......................................... 31
Section 9.5. No Remedy Exclusive ................................................................................................ 32
Section 9.6. No Additional Waiver Implied by One Waiver ........................................................ 32
Section 9.7. Attorney Fees .............................................................................................................. 32
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Representatives Not Individually Liable ................................. 33
Section 10.2. Equal Employment Opportunity ................................................................................ 33
Section 10.3. Restrictions on Use ..................................................................................................... 33
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472015v1 MNI SA285-106 iii
Section 10.4. Provisions Not Merged With Deed ............................................................................ 33
Section 10.5. Titles of Articles and Sections .................................................................................... 33
Section 10.6. Notices and Demands ................................................................................................. 33
Section 10.7. Counterparts ................................................................................................................ 34
Section 10.8. Recording .................................................................................................................... 34
Section 10.9. Amendment ................................................................................................................ 34
Section 10.10. Authority Approvals ................................................................................................... 34
TESTIMONIUM ................................................................................................................................ 35
SIGNATURES .............................................................................................................................. 35-36
SCHEDULE A Redevelopment Property
SCHEDULE B Form of Quitclaim Deed
SCHEDULE C Authorizing Resolution
SCHEDULE D Certificate of Completion
SCHEDULE E Form of Subordination Agreement
SCHEDULE F Pro Forma
SCHEDULE G Site Plan
SCHEDULE H Assessment Agreement
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472015v1 MNI SA285-106 1
PURCHASE AND REDEVELOPMENT CONTRACT
THIS AGREEMENT, made as of the 7th day of December, 2015, by and between the St.
Louis Park Economic Development Authority (the “Authority”), a public body corporate and politic
under the laws of Minnesota, and 4900 Excelsior Apartments LLC (the “Redeveloper”), a
Minnesota limited liability company.
WITNESSETH:
WHEREAS, the Authority was created pursuant to Minnesota Statutes, Sections 469.090 to
469.1081 (the "Act") and was authorized to transact business and exercise its powers by a resolution
of the City Council of the City; and
WHEREAS, the Authority has undertaken a program to promote the development and
redevelopment of land which is underutilized within the City of St. Louis Park, Minnesota (the
“City”), and in this connection created the Redevelopment Project No. 1 (hereinafter referred to as
the “Project”) in an area (hereinafter referred to as the “Project Area”) located in the City pursuant
to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”); and
WHEREAS, pursuant to the Act and the HRA Act, the Authority is authorized to acquire
real property, or interests therein, and to undertake certain activities to facilitate the
redevelopment of real property by private enterprise; and
WHEREAS, the Authority has acquired certain property within the Project as described
in Schedule A hereto (the “Authority Parcel”), and the Redeveloper intends to acquire the
Authority Parcel and the Third-Party Parcel (together, the “Redevelopment Property”) for
development of certain improvements described herein.
WHEREAS, the Authority has established the 4900 Excelsior Tax Increment Financing
District (“TIF District”) pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended,
made up of property in the Project Area including the Redevelopment Property; and
WHEREAS, the Authority believes that the redevelopment of the Redevelopment
Property pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital
and best interests of the City and the health, safety, morals, and welfare of its residents, and in
accord with the public purposes and provisions of the applicable State and local laws and
requirements under which the Project has been undertaken and is being assisted.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
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472015v1 MNI SA285-106 2
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
“Act” means Minnesota Statutes, Sections 469.090 to 469.1081, as amended.
“Affiliate” means with respect to any entity (a) any corporation, partnership, limited
liability company or other business entity or person controlling, controlled by or under common
control with the entity, and (b) any successor to such party by merger, acquisition, reorganization
or similar transaction involving all or substantially all of the assets of such party (or such
Affiliate). For the purpose hereof the words “controlling”, “controlled by” and “under common
control with” shall mean, with respect to any corporation, partnership, limited liability company
or other business entity, the ownership of fifty percent or more of the voting interests in such
entity or possession, directly or indirectly, of the power to direct or cause the direction of
management policies of such entity, whether through ownership of voting securities or by
contract or otherwise.
“Agreement” means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
“Authority” means the St. Louis Park Economic Development Authority.
“Authority Representative” means the Executive Director of the Authority, or any person
designated by the Executive Director to act as the Authority Representative for the purposes of this
Agreement.
"Authorizing Resolution" means the resolution of the Authority, substantially in the form of
attached Schedule C to be adopted by the Authority to authorize the issuance of the Note.
“Available Tax Increment” means 95% of the Tax Increment attributable to the Minimum
Improvements and Redevelopment Property that is paid to the Authority by Hennepin County in the
six months preceding each Payment Date on the Note.
“Business Day” means any day except a Saturday, Sunday, legal holiday, a day on which
the City is closed for business, or a day on which banking institutions in the City are authorized by
law or executive order to close.
“Business Subsidy Act” means Minnesota Statutes, Sections 116J.993 to 116J.995, as
amended.
“Certificate of Completion” means the certification provided to the Redeveloper pursuant to
Section 4.4 of this Agreement.
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472015v1 MNI SA285-106 3
“City” means the City of St. Louis Park, Minnesota.
“City Ordinance” means Ordinance 2483-15, adopted by the City Council of the City on
December 7, 2015.
"Construction Plans" means the plans, specifications, drawings and related documents on
the construction work to be performed by the Redeveloper on the Redevelopment Property which
(a) shall be as detailed as the plans, specifications, drawings and related documents which are
submitted to the appropriate building officials of the City, and (b) shall include at least the following
for each building: (1) site plan; (2) foundation plan; (3) underground parking plans; (4) floor plan
for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape
plan; and (8) such other plans or supplements to the foregoing plans as the Authority and
Redeveloper mutually agree are necessary to allow the issuance of a construction permit.
“County” means the County of Hennepin, Minnesota.
“Deed” means the quitclaim deed from the Authority to the Redeveloper for the Authority
Parcel, in substantially the form attached hereto as Schedule B.
“Development Pro Forma” means the financial pro forma for the Minimum Improvements
attached as Schedule F.
“Environmental Reports” means the following reports relating to the environmental
condition of the Redevelopment Property and all amendments, modifications and supplements
thereto: Phase I Environmental Site Assessment, Project B14-08122, prepared for Oppidan Inc.
by Braun Intertec Corporation, dated November 13, 2014; Hazardous Building Materials
Inspection Report, Project B1408122, prepared for Oppidan Investment Company by Braun
Intertec Corporation, dated November 13, 2014; Geotechnical Evaluation Report, Project B14-
08122, prepared for Oppidan Investment Company by Braun Intertec Corporation, dated
November 12, 2014.
“Event of Default” means an action by the Redeveloper listed in Article IX of this
Agreement.
"Holder" means the owner of a Mortgage.
“HRA Act” means Minnesota Statutes, Sections 469.001 to 469.047, as amended.
"Maturity Date" means the date that the Note has been paid in full or terminated in
accordance with its terms, whichever is earlier.
“Minimum Improvements” means construction on the Redevelopment Property of a multi-
story, mixed-use building consisting of approximately 164 to 176 units of multifamily rental
housing with approximately 28,500 square feet of ground-floor retail space, and associated surface
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472015v1 MNI SA285-106 4
and structured underground parking. As of the date of this Agreement, the Redeveloper expects the
retail space to be leased to a third-party tenant for use as a grocery store.
“Mortgage” means any mortgage made by the Redeveloper that is secured, in whole or in
part, with the Redevelopment Property and that is a permitted encumbrance pursuant to the
provisions of Article VIII of this Agreement.
“MPCA” means the Minnesota Pollution Control Agency.
"Note” means the Tax Increment Revenue Note, substantially in the form contained in the
Authorizing Resolution, to be delivered by the Authority to the Redeveloper in accordance with
Section 3.8 hereof.
"Project" means the Authority's Redevelopment Project No. 1.
“Public Redevelopment Costs” has the meaning provided in Section 3.4(a) hereof.
“Project Area” means the geographic area within the boundaries of the Project.
“Redeveloper” means 4900 Excelsior Apartments LLC, a Minnesota limited liability
company, or its permitted successors and assigns.
“Redeveloper Public Improvements” means public sidewalks adjacent to all streets abutting
the Redevelopment Property, streetlights, landscaping, and bicycle parking as provided in the
official exhibits to the City Ordinance.
“Redevelopment Plan” means the Redevelopment Plan for the Project.
“Redevelopment Property” means the real property described in Schedule A of this
Agreement, consisting of the Authority Parcel and the Third-Party Parcel.
“State” means the state of Minnesota.
“Streetscaping” means sidewalk, lighting, and boulevard treatments consistent with those
elements existing on that portion of Excelsior Boulevard abutting the Redevelopment Property in
the City.
"Tax Increment" means that portion of the real property taxes that is paid with respect to the
Redevelopment Property and that is remitted to the Authority as tax increment pursuant to the Tax
Increment Act.
"Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota
Statutes Sections 469.174 to 469.1794, as amended.
"Tax Increment District" or "TIF District" means the 4900 Excelsior Tax Increment
Financing District created by the City and the Authority.
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472015v1 MNI SA285-106 5
"Tax Increment Plan" or "TIF Plan" means the Tax Increment Financing Plan for the TIF
District approved by the City Council on November 16, 2015, and as it may be amended.
.
“Tax Official” means any County assessor, County auditor, County or State board of
equalization, the commissioner of revenue of the State, or any State or federal district court, the tax
court of the State, or the State Supreme Court.
“Third-Party Parcel” means the real property so described in Schedule A of this Agreement.
“Transfer” has the meaning set forth in Section 8.2(a) hereof.
“Unavoidable Delays” means delays beyond the reasonable control of the party seeking to
be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged
adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation
commenced by third parties which, by injunction or other similar judicial action, directly results in
delays, or acts of any federal, state or local governmental unit (other than the Authority in exercising
its rights under this Agreement), including without limitation condemnation or threat of
condemnation of any portion of the Redevelopment Property, which directly result in delays.
Unavoidable Delays shall not include delays experienced by the Redeveloper in obtaining permits
or governmental approvals necessary to enable construction of the Minimum Improvements by the
dates such construction is required under Section 4.3 of this Agreement, so long as the Construction
Plans have been approved in accordance with Section 4.2 hereof and the Redeveloper has otherwise
timely submitted application for such permits and/or applicable governmental approvals.
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472015v1 MNI SA285-106 6
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority. (a) The Authority is an economic
development authority duly organized and existing under the laws of the State. Under the
provisions of the Act and the HRA Act, the Authority has the power to enter into this Agreement
and carry out its obligations hereunder.
(b) The Authority will use its best efforts to facilitate development of the Minimum
Improvements, including but not limited to cooperating with the Redeveloper in obtaining necessary
administrative and land use approvals and construction financing pursuant to Section 7.1 hereof.
(c) The City has approved the establishment of the TIF District pursuant to the Tax
Increment Act.
(d) To the best of Authority’s knowledge, the Authority is the holder of marketable fee
simple and record title to the Authority Parcel, free and clear of all liens, claims, encumbrances and
restrictions except those which are recorded against the Authority Parcel.
(e) The Authority will convey the Authority Parcel to the Redeveloper, subject to all the
terms and conditions of this Agreement.
(f) The Authority will issue the Note, subject to all the terms and conditions of this
Agreement.
(g) The activities of the Authority are undertaken for the purpose of fostering the
redevelopment of certain real property that is occupied by substandard and obsolete buildings,
which will revitalize this portion of the Project Area, increase tax base, and increase housing
opportunities.
(h) There are no parties other than the Authority in possession of any portion of the
Authority Parcel, nor are there any leases (oral or written) applicable to or affecting the Authority
Parcel.
(i) No third party has an option to purchase, right of first refusal, right of first offer or
other similar right with respect to all or a portion of the Authority Parcel and the Authority has not
entered into any other contracts for the sale of all or any portion of the Authority Parcel with any
third party.
(j) The Authority is not aware of any methamphetamine production occurring on the
Authority Parcel. This representation is intended to satisfy the requirements of Minnesota Statutes,
Section 152.0275, subd. 2(m).
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(k) To the best of the Authority’s knowledge, information, and belief:
(i) There is no “Well” as defined in Minnesota Statutes, Section 103I.005, subd. 21,
on the Authority Parcel. This representation is intended to satisfy the requirements of
Minnesota Statutes, Section 155.55, subd. 6.
(ii) There is no individual sewage treatment system, as defined in Minnesota
Statutes, Section 115.55, subd. 1, on the Authority Parcel. This representation is intended to
satisfy the requirements of Minnesota Statutes, Section 155.55, subd. 6.
Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper
represents and warrants that:
(a) The Redeveloper is a limited liability company, duly organized and in good standing
under the laws of the State of Minnesota, is not in violation of any provisions of its articles of
organization or operating agreement, is duly qualified as a limited liability company and
authorized to transact business within the State, has power to enter into this Agreement and has duly
authorized the execution, delivery, and performance of this Agreement by proper action of its
members.
(b) If the Redeveloper acquires the Redevelopment Property in accordance with this
Agreement, the Redeveloper will construct, operate and maintain the Minimum Improvements in
accordance with the terms of this Agreement, the Redevelopment Plan and all applicable local,
state and federal laws and regulations (including, but not limited to, environmental, zoning,
building code, energy-conservation and public health laws and regulations).
(c) The Redeveloper will use reasonable efforts to secure all permits, licenses and
approvals necessary for construction of the Minimum Improvements.
(d) The Redeveloper has delivered the Environmental Reports to the Authority.
(e) The Redeveloper has received no written notice or other written communication
from any local, state or federal official that the activities of the Redeveloper or the Authority in the
Project Area may be or will be in violation of any environmental law or regulation (other than those
notices or communications of which the Authority is aware). Subject to the contents of the
Environmental Reports, the Redeveloper is aware of no facts the existence of which would cause it
to be in violation of or give any person a valid claim under any local, state or federal environmental
law, regulation or review procedure.
(f) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the
terms, conditions or provisions of any corporate restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
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(g) The proposed development by the Redeveloper hereunder would not occur but for
the tax increment financing assistance being provided by the Authority hereunder.
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ARTICLE III
Property Acquisition; Public Redevelopment Costs
Section 3.1. Conveyance of the Property. (a) The Redevelopment Property consists of the
Authority Parcel and the Third-Party Parcel, as described in Schedule A hereof. As of the date of
this Agreement, the Redeveloper has entered into a purchase agreement to acquire the Third-Party
Parcel, and shall close on the acquisition of the Third-Party Parcel within 60 days of receiving
financing for the Minimum Improvements. Neither the Authority nor the Redeveloper has any
obligation to acquire the Third-Party Parcel.
(b) The Authority owns the Authority Parcel and will convey title to and possession of the
Authority Parcel to the Redeveloper, or its successor in interest hereunder, subject to all the terms
and conditions of this Agreement.
(c) On or before Closing (as defined in Section 3.3(b) hereof), the Redeveloper shall
prepare and use its best efforts to obtain City approval of a PUD for the Redevelopment Property
(the “PUD”), and a plat of the Redevelopment Property (the “Redevelopment Plat”) at the
Redeveloper’s cost and subject to all City ordinances and procedures and otherwise reasonably
acceptable to the Redeveloper. Nothing in this Agreement is intended to limit the City’s
authority in reviewing the preliminary plat, or to preclude revisions requested or required by the
City, provided such review and requested or required revisions are consistent with preliminary
approvals by the City.
(d) The Authority will use its best efforts to obtain approval by the City Council
before Closing of an y amendment to the City zoning ordinance in order to permit construction
and use of the Minimum Improvements on the Redevelopment Property.
Section 3.2. Purchase Price; Provisions for Payment. The purchase price to be paid to the
Authority by the Redeveloper in exchange for the conveyance of the Authority Parcel shall be
$780,000 (the “Purchase Price”). Upon execution of this Agreement, the Redeveloper will place
$25,000 as earnest money (the “Earnest Money”) into an escrow account administered by a title
company reasonably acceptable to the Authority (the “Title Company”), to be held and applied to
the Purchase Price on the Closing Date. The balance of the Purchase Price shall be paid at Closing.
Section 3.3. Conditions of Conveyance. (a) The Authority shall convey title to and
possession of the Authority Parcel to the Redeveloper by quit claim deed substantially in the form
set forth on Schedule B to this Agreement (the “Deed”), modified as may be necessary to enable
issuance of a suitable owner’s policy in a form acceptable to the Redeveloper and its successors and
assigns (the “Deed”). The Authority's obligation to convey the Authority Parcel to the Redeveloper,
and the Redeveloper’s obligation to acquire the Authority Parcel, are subject to satisfaction of the
following terms and conditions:
(1) The Redeveloper having closed on permanent financing at or before Closing
on transfer of title to the Authority Parcel from the Authority to the Redeveloper, or having
received a binding commitment from a lender to provide financing sufficient for
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construction of the Minimum Improvements, or having otherwise provided the Authority
with proof of funds available to finance construction of the Minimum Improvements.
(2) The City having approved the Redevelopment Plat and PUD in accordance
with Section 3.1, and the Redeveloper having recorded the Redevelopment Plat at or before
Closing.
(3) The City having approved all necessary zoning variances to the
Redevelopment Property in accordance with Section 3.1.
(4) The Authority having approved Construction Plans for the Minimum
Improvements in accordance with Section 4.2.
(5) The Redeveloper having reviewed and approved (or waived objections to)
title to the Authority Parcel and having obtained a commitment from a title company
acceptable to the Redeveloper (the “Title Company”) to issue a suitable owner’s policy, as
set forth in Section 3.5.
(6) The Redeveloper having closed on its purchase of the Third-Party Parcel.
(7) The Redeveloper being satisfied with the results of its due diligence
inspections and testing with regard to the Authority Parcel as further described in Section
3.3(b) hereof.
(8) There is no uncured Event of Default under this Agreement.
Conditions (1) and (4) are solely for the benefit of the Authority, and may be waived by the
Authority. Conditions (3), (5), and (7) are solely for the benefit of the Redeveloper, and may be
waived by the Redeveloper. Conditions (2), (6), and (8) are for the benefit of both parties and may
be waived by both parties.
In the event that this Agreement is terminated pursuant to failure to meet or waive any of conditions
(1) through (7), the Earnest Money shall be returned to the Redeveloper and neither party shall have
any further rights or obligations under this Agreement, except for the Redeveloper’s continuing
obligation under Section 3.10 hereof. In the event that this Agreement is terminated pursuant to
condition (8), the provisions of Article IX shall apply.
(b) The Redeveloper shall have the right to enter the Authority Parcel at reasonable
times for the purpose of inspection and testing and to determine the feasibility of the Authority
Parcel for the Redeveloper’s intended use. The Redeveloper hereby covenants and agrees that it
shall cause all studies, investigations and inspections performed at the Authority Parcel to be
performed in a manner that does not disturb the Authority Parcel and that that the Authority Parcel
shall be returned to its original condition after the Redeveloper’s entry, provided that the
Redeveloper shall not be responsible for any existing conditions on the Authority Parcel or for any
environmental remediation or response actions required as a result of such investigations and
inspections. Except for soil borings and test pits, the Redeveloper shall not conduct or cause to be
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conducted any physically intrusive investigation, examination or study of the Authority Parcel (any
such investigation, examination or study hereinafter an “Intrusive Investigation”) as part of its
inspection or otherwise without obtaining the prior written consent of the Authority. “Intrusive
Investigation” shall mean any investigation, examination or study that disturbs or disrupts the
Authority Parcel, including, but not limited to, grading, but not including soil borings or test pits.
The Redeveloper and the Redeveloper’s representatives shall, in performing its inspection, comply
with any and all applicable laws, ordinances, rules, and regulations.
The Redeveloper shall, at the Redeveloper’s sole cost, restore the Authority Parcel to the same
condition as before the Redeveloper’s entry for inspection or any Intrusive Investigation; provided
that the Redeveloper shall not be responsible for any existing conditions or environmental
remediation or response actions required as a result of existing conditions or such entry, inspection
or Intrusive Investigation.
(c) The closing on conveyance of the Authority Parcel from the Authority to the
Redeveloper (“Closing”) shall occur within thirty (30) days of satisfaction or waiver of conditions
(1) through (7) specified in Section 3.3(a), and subject to the continued satisfaction at Closing of
condition (8), but no later than June 30, 2016 (the “End Date”), which End Date shall be subject to
extension upon mutual agreement of the parties.
Section 3.4. Place of Document Execution, Delivery and Recording. (a) Unless otherwise
mutually agreed by the Authority and the Redeveloper, the execution and delivery of all deeds,
documents and the payment of any purchase price shall be made through a closing escrow
established with the Title Company or at such other location to which the parties may agree.
(b) The Deed shall be in recordable form and shall be promptly recorded in the proper
office for the recordation of deeds and other instruments pertaining to the Authority Parcel. At
closing, the Redeveloper shall pay: all recording costs in connection with the conveyance of the
Authority Parcel; title insurance commitment fees and premiums, if any; and Title Company
closing fees, if any. The Authority shall pay costs of recording any instruments used to clear title
encumbrances; State deed tax; and any special assessments outstanding or levied against the
Authority Parcel as of the Closing Date. The parties agree and understand that the Authority
Parcel is exempt from property taxes for taxes payable in 2015, and is expected to be exempt for
taxes payable in 2016.
(c) At Closing, the Authority shall deliver to the Redeveloper:
(1) The executed Deed,
(2) All certificates, instruments and other documents necessary to permit the
recording of the Deed,
(3) A standard Seller’s Affidavit with respect to judgments, bankruptcies, tax
liens, mechanics liens, parties in possession, unrecorded interests, encroachment or
boundary line questions and related matters,
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(4) If applicable, the owner’s duplicate certificate of title (the Authority need
not provide an abstract of title if the property is classified as abstract property),
(5) An affidavit that the Authority is not a “foreign person” within the
meaning of Section 1445 of the Internal Revenue Code, and
(6) The Assessment Agreement.
(d) At Closing, the Redeveloper shall deliver to the Authority:
(1) The balance of the Purchase Price, plus or minus pro rata costs between
the Authority and Redeveloper as set forth herein; and
(2) The Assessment Agreement.
Section 3.5. Title. (a) As soon as practicable after the date of this Agreement, the
Redeveloper, at Redeveloper’s sole expense, shall obtain a commitment for the issuance of an
ALTA Owner’s Title Insurance Policy (2006 form) for the Authority Parcel. The Redeveloper may,
at the Redeveloper’s expense, obtain a survey of the Authority Parcel. The Redeveloper shall have
twenty (20) days from the date of its receipt of such commitment and the survey to review the state
of title to the Authority Parcel and to provide the Authority with a list of written objections to such
title. Upon receipt of the Redeveloper's list of written objections, the Authority shall proceed in
good faith and with all due diligence to attempt to cure the objections made by the Redeveloper. In
the event that the Authority has failed to cure objections within sixty (60) days after its receipt of the
Redeveloper's list of such objections, the Redeveloper may by the giving of written notice to the
Authority (i) terminate this Agreement, upon the receipt of which the Earnest Money shall be
refunded to the Redeveloper and this Agreement shall be null and void and neither party shall have
any liability hereunder, other than Redeveloper’s obligations under Section 3.10 hereof; or (ii)
waive the objections and proceed to Closing. The Authority shall have no obligation to take any
action to clear defects in the title to the Authority Parcel, other than the good faith efforts described
above. If this Agreement is not terminated as hereinabove permitted, the Title Company shall be
instructed to provide to Redeveloper an updated Title Commitment appropriately addressing the
matters set forth above for the issuance of a title policy in the amount of the Purchase Price and
otherwise in form and content acceptable to the Redeveloper.
(b) The Authority shall take no actions to encumber title to the Authority Parcel
between the date of this Agreement and the time the Deed is delivered to the Redeveloper.
(c) The Redeveloper shall take no actions to encumber title to the Authority Parcel
between the date of this Agreement and the time the Deed is delivered to the Redeveloper. The
Redeveloper expressly agrees that it will not cause or permit the attachment of any mechanics,
attorneys, or other liens to the Authority Parcel prior to Closing. Notwithstanding termination of
this Agreement prior to Closing, Redeveloper is obligated to pay all costs to discharge any
encumbrances to the Authority Parcel attributable to actions of Redeveloper, its employees, officers,
agents or consultants, including without limitation the Architect, Contractor and Redeveloper’s
Engineer.
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Section 3.6. Environmental Conditions. (a) The parties acknowledge that asbestos has been
found on the Third-Party Parcel. If MPCA approves a voluntary response action plan (“VRAP”)
providing for remediation of hazardous wastes and contaminants on the Third-Party Parcel,
Redeveloper shall promptly after Closing undertake remediation and any other actions required
under the VRAP, subject to the reimbursement as further described in this Agreement. Redeveloper
expressly agrees to perform any task or obligation imposed under the VRAP, including without
limitation any emergency procedures.
(b) The Redeveloper acknowledges that the Authority makes no representations or
warranties as to the condition of the soils on the Redevelopment Property or the fitness of the
Redevelopment Property for construction of the Minimum Improvements or any other purpose for
which the Redeveloper may make use of such property, and that the assistance provided to the
Redeveloper under this Agreement neither implies any responsibility by the Authority or the City
for any contamination of the Redevelopment Property nor imposes any obligation on such parties to
participate in any cleanup of the Redevelopment Property.
(c) Without limiting its obligations under Section 8.3 of this Agreement, the
Redeveloper further agrees that it will indemnify, defend, and hold harmless the Authority, the City,
and their governing body members, officers, and employees (collectively, the “Indemnitees”), from
any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants existing
on or in the Redevelopment Property on or after the date of Closing, unless and to the extent that
such hazardous wastes or pollutants are present as a result of the actions or omissions of the
Indemnitees. Nothing in this section will be construed to limit or affect any limitations on liability of
the City or Authority under State or federal law, including without limitation Minnesota Statutes
Sections 466.04 and 604.02.
Section 3.7. Issuance of Note. (a) Generally. The Authority has determined that, in order
to make development of the Minimum Improvements financially feasible, it is necessary to
reimburse Redeveloper for a portion of the cost of building demolition, environmental
contamination cleanup and reporting, site preparation, stormwater management, and underground
structured parking (the “Public Redevelopment Costs”), subject to the terms of this Section.
(b) Terms. To reimburse the Public Redevelopment Costs incurred by Redeveloper, the
Authority shall issue and the Redeveloper shall purchase the Note in the maximum principal
amount of $2,800,000. The Authority shall issue and deliver the Note upon Redeveloper having:
(i) delivered to the Authority one or more certificates signed by the
Redeveloper’s duly authorized representative, containing the following: (i) a statement
that each cost identified in the certificate is a Public Redevelopment Cost as defined in
this Agreement and that no part of such cost has been included in any previous
certification; (ii) evidence that each identified Public Redevelopment Cost has been paid
or incurred by or on behalf of the Redeveloper; (iii) evidence that Redeveloper has paid
all its contractors and subcontractors in full for all work to be reimbursed as a Public
Redevelopment Cost; and (iv) a statement that no uncured Event of Default by the
Redeveloper has occurred and is continuing under the Agreement. The Authority may, if
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not satisfied that the conditions described herein have been met, return any certificate
with a statement of the reasons why it is not acceptable and requesting such further
documentation or clarification as the Authority may reasonably require;
(ii) submitted and obtained Authority approval of financing in accordance with
Section 7.1; and
(iii) delivered to the Authority an investment letter in a form reasonably
satisfactory to the Authority.
The terms of the Note will be substantially those set forth in the form of the Note shown in
Schedule C, and the Note will be subject to all terms of the Authorizing Resolution, which are
incorporated herein by reference.
(c) Termination of right to Note. In accordance with Section 469.1763, Subdivision 3
of the TIF Act, conditions for delivery of the Note must be met within five years after the date of
certification of the TIF District by the County. If the conditions are not satisfied by such date,
the City has no further obligations under this Section 3.7.
(d) Assignment of Note. The Authority acknowledges that the Redeveloper may assign
the Note to a third party. The Authority consents to such an assignment, conditioned upon receipt
of an investment letter from such third party in a form reasonably acceptable to the Authority.
(e) Qualifications. The Redeveloper understands and acknowledges that the
Authority makes no representations or warranties regarding the amount of Tax Increment, or that
revenues pledged to the Note will be sufficient to pay the principal and interest on the Note. Any
estimates of Tax Increment prepared by the Authority or its financial advisors in connection with
the TIF District or this Agreement are for the benefit of the Authority, and are not intended as
representations on which the Redeveloper may rely. Public Redevelopment Costs exceeding the
principal amount of the Note are the sole responsibility of Redeveloper.
Section 3.8. TIF Lookback.
(a) Generally. The financial assistance to the Redeveloper under this Agreement is based
on certain assumptions regarding likely costs and expenses associated with constructing the
Minimum Improvements. The Authority and the Redeveloper agree that those assumptions will
be reviewed at the times described in this Section, and that the amount of Tax Increment
assistance provided under Section 3.7 will be adjusted accordingly.
(b) Definitions. For the purposes of this Section, the following terms have the following
definitions:
“Calculation Date” means 60 days after the earliest of (i) the date of Stabilization
for the residential rental units (“Apartments”); (ii) the date of any Transfer in whole or in
part of the Apartments; or (iii) three years after the date of issuance of the Certificate of
Completion for the Apartments.
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“Net Operating Income” means all net rental income from the Apartments
received in the last fiscal year prior to the Calculation Date, subject to the following
adjustments: (i) if the Apartments have not reached Stabilization as of the Calculation
Date, income will be calculated as the sum of actual rent, parking and miscellaneous
income plus assumed rent, parking and miscellaneous income for the space needed to
reach 93% lease-up at rates equal to the average rent and parking income from actual
leases and miscellaneous income as of the Calculation Date; (ii) from that total will be
deducted actual fees, operating and management expenses as outlined in the lookback pro
forma (the “Pro Forma”) attached hereto as Schedule F (if Stabilization has occurred) or
estimated fees, operating and management expenses as if the Apartments were 93%
leased (if Stabilization has not occurred).
“Stabilization” means 93% of the Apartments are leased.
(c) Lookback Calculation. On the applicable Calculation Date, the Redeveloper shall
deliver to the Authority reasonable evidence of its actual annualized cumulative internal rate of
return (the “IRR”) from the Apartments, calculated as of the applicable Calculation Date, along
with the estimated annualized cumulative IRR from the Apartments assuming a sale in the tenth
year after the date of issuance of the Certificate of Completion for the Apartments. The IRR
shall be calculated based on equity, revenues and expenses in substantially in the format of the
Pro Forma. It is expressly understood by the parties that calculation of the IRR shall exclude any
developer fee paid by the Redeveloper to Oppidan, Incorporated or any Affiliate of Oppidan,
Incorporated. The Redeveloper agrees to provide to the Authority any background
documentation reasonably related to the financial data, upon written request from the Authority
or the Authority’s financial consultant. The Authority may, by written request, require
Redeveloper to deliver to the Authority a written certificate of a certified public accountant
regarding total redevelopment costs and revenues, to be provided at Redeveloper’s expense.
The amount by which the IRR exceeds eighteen percent (18%) shall be referred to as the
“Excess Percentage.” The Excess Percentage, multiplied by Redeveloper’s equity in the
Apartments (as calculated for purposes of determining the IRR), is the “Participation Amount.”
If the Authority determines that there is a Participation Amount, the Authority shall deliver
written notice to the Redeveloper stating the Participation Amount and applying one hundred
percent (100%) of the Participation Amount as prepayment of the outstanding principal amount
of the Note in accordance with Section 5(b) of the Note, effective upon delivery of such notice.
Section 3.9. Business Subsidy. The Redeveloper warrants and represents that the
Redeveloper’s investment in the purchase of the Redevelopment Property and in site preparation
equals at least 70% of the County assessor’s finalized market value of the Redevelopment
Property for the 2015 assessment year, calculated as follows:
Aggregate cost of acquisition of Redevelopment Property……...…..$4,480,000
Plus Estimated cost of site preparation...................……………$2,680,351
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Less site preparation costs reimbursed by the Authority….. ……($2,600,000)
Equals net land and site preparation cost...................…………$4,560,351
Assessor's finalized market value
of Redevelopment Property (2015)...................……………$2,819,000
$4,560,351 (net acquisition and site preparation cost) is 161% of $2,819,000 (assessor's
finalized fair market value of the Redevelopment Property for 2015).
Accordingly, the parties agree and understand that the financial assistance described in this
Agreement does not constitute a business subsidy within the meaning of the Business Subsidy
Act. The Redeveloper releases and waives any claim against the Authority and its governing
body members, officers, agents, servants and employees thereof arising from application of the
Business Subsidy Act to this Agreement, including without limitation any claim that the
Authority failed to comply with the Business Subsidy Act with respect to this Agreement.
Section 3.10. Payment of Authority Costs. The Redeveloper agrees that it will pay, within
15 days after written notice from the Authority, the reasonable costs of consultants and attorneys
retained by the Authority in connection with any necessary modification of the TIF Plan for the TIF
District, and the negotiation and preparation of this Agreement and other incidental agreements and
documents contemplated hereunder, including without limitation agreements and documents related
to land conveyance, development and financing assistance. The Authority will provide written
reports describing the costs accrued under this Section upon request from the Redeveloper, but not
more often than intervals of 45 days. Any amount deposited by the Redeveloper upon filing its
application for tax increment financing with the Authority will be credited to the Redeveloper’s
obligation under this Section. Upon termination of this Agreement in accordance with its terms, the
Redeveloper remains obligated under this section for costs incurred through the effective date of
termination.
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ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements. The Redeveloper agrees that it will construct
or cause construction of the Minimum Improvements on the Redevelopment Property in accordance
with the approved Construction Plans and that it will, during any period while the Redeveloper
retains ownership of any portion of the Minimum Improvements, operate and maintain, preserve
and keep the Minimum Improvements or cause the Minimum Improvements to be maintained,
preserved and kept with the appurtenances and every part and parcel thereof, in good repair and
condition.
Section 4.2. Construction Plans. (a) Before commencing construction of the Minimum
Improvements, the Redeveloper shall submit to the Authority Construction Plans for the Minimum
Improvements. The Construction Plans shall provide for the construction of the Minimum
Improvements and shall be in conformity with this Agreement, the Redevelopment Plan, the Site
Plan attached hereto as Schedule G, and all applicable State and local laws and regulations. The
Authority will approve the Construction Plans in writing if (i) the Construction Plans conform to all
terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and
objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal,
state and local laws, ordinances, rules and regulations; (iv) the Construction Plans provide for
construction of the Minimum Improvements; (v) the Construction Plans do not provide for
expenditures in excess of the funds available to the Redeveloper for construction of the Minimum
Improvements; and (vi) no Event of Default has occurred and is continuing. No approval by the
Authority shall relieve the Redeveloper of the obligation to comply with the terms of this
Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to
construct the Minimum Improvements in accordance therewith. No approval by the Authority shall
constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the
Redeveloper in writing at the time of submission, such Construction Plans shall be deemed
approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set
forth in detail the reasons therefor based upon the criteria set forth in (i) through (vi) above, and
shall be made within 20 days after the date of receipt of final plans from the Redeveloper. If the
Authority rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or
corrected Construction Plans within twenty (20) days after written notification to the Redeveloper of
the rejection. The provisions of this Section relating to approval, rejection and resubmission of
corrected Construction Plans shall continue to apply until the Construction Plans have been
approved by the Authority. The Authority's approval shall not be unreasonably withheld,
conditioned or delayed. Said approval shall constitute a conclusive determination that the
Construction Plans (and the Minimum Improvements, constructed in accordance with said plans)
comply to the Authority's satisfaction with the provisions of this Agreement relating thereto.
The Redeveloper hereby waives any and all claims and causes of action whatsoever
resulting from the review of the Construction Plans by the Authority and/or any changes in the
Construction Plans requested by the Authority. Neither the Authority, the City, nor any employee
or official of the Authority or City shall be responsible in any manner whatsoever for any defect in
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the Construction Plans or in any work done pursuant to the Construction Plans, including changes
requested by the Authority.
(b) If the Redeveloper desires to make any material change in the Construction Plans or
any component thereof after their approval by the Authority, the Redeveloper shall submit the
proposed change to the Authority for its approval. For the purpose of this section, the term
“material” means changes that increase or decrease construction costs by $500,000 or more. If the
Construction Plans, as modified by the proposed change, conform to the requirements of this
Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the
Authority shall approve the proposed change and notify the Redeveloper in writing of its approval.
Such change in the Construction Plans shall, in any event, be deemed approved by the Authority
unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting
forth in detail the reasons therefor. Such rejection shall be made within 10 days after receipt of the
notice of such change. The Authority's approval of any such change in the Construction Plans will
not be unreasonably withheld, conditioned or delayed.
Section 4.3. Commencement and Completion of Construction. (a) Subject to Unavoidable
Delays, the Redeveloper shall commence construction of the Minimum Improvements by July 1,
2016. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the
Minimum Improvements by January 1, 2018. All work with respect to the Minimum Improvements
to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in
conformity with the Construction Plans as submitted by the Redeveloper and approved by the
Authority. If the Redeveloper becomes aware that Redeveloper is not likely to meet the required
deadline for commencement and/or completion of construction of the Minimum Improvements, the
Redeveloper agrees to provide a written and oral report to the City Council of the City at a regular
City Council meeting prior to the applicable deadline. The report must describe the reasons for the
expected failure to meet the applicable deadline, evidence of the Redeveloper’s good faith efforts to
construct the Minimum Improvements, and a detailed revised schedule. Approval of a modified
schedule for construction by the Authority shall not be unreasonably withheld, conditioned or
delayed. Failure to timely provide such written and oral report is an Event of Default.
(b) The Redeveloper agrees for itself, its successors, and assigns, and every successor in
interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such
successors and assigns, shall promptly begin and diligently prosecute to completion the
development of the Redevelopment Property through the construction of the Minimum
Improvements thereon, and that such construction shall in any event be commenced and completed
within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement
and until the Minimum Improvements have been fully leased, the Redeveloper shall make reports,
in such detail and at such times as may reasonably be requested by the Authority, but no more than
monthly, as to the actual progress of the Redeveloper with respect to such construction and leasing.
(c) The Redeveloper shall comply with the City’s Green Building Policy, adopted by the
City Council on February 16, 2010 and as such policy may be amended as of the date of issuance of
a building permit for the Minimum Improvements, and shall use commercially reasonable efforts to
obtain “green” certification for the Minimum Improvements. As a condition to issuance of a
Certificate of Completion for the Minimum Improvements, Redeveloper shall submit to the
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Authority either (a) evidence of certification from Leadership in Energy and Environmental Design
(“LEED”) or similar certification or (b) in absence of actual certification, evidence in a form
satisfactory to the Authority of Redeveloper’s best efforts to obtain such certification and an
explanation of why certification was not feasible. Such evidence shall include a detail of the
specific energy-efficient/sustainable features or components implemented in the construction of the
Minimum Improvements.
Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum
Improvements in accordance with those provisions of the Agreement relating solely to the
obligations of the Redeveloper to construct the Minimum Improvements (including the dates for
beginning and completion thereof and the efforts regarding LEED or comparable certification
described in Section 4.3), the Authority Representative shall deliver to the Redeveloper a Certificate
in substantially the form shown as Schedule D, in recordable form and executed by the Authority.
(b) If the Authority Representative shall refuse or fail to provide any certification in
accordance with the provisions of this Section 4.4 of this Agreement, the Authority Representative
shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with
a written statement, indicating in adequate detail in what respects the Redeveloper has failed to
complete the Minimum Improvements in accordance with the provisions of the Agreement, or is
otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority,
for the Redeveloper to take or perform in order for the Authority to issue the Certificate of
Completion.
(c) The construction of the Minimum Improvements shall be deemed to be substantially
complete upon issuance of a final certificate of occupancy for the Minimum Improvements, and
upon determination by the Authority Representative that all related site improvements on the
Redevelopment Property have been substantially completed in accordance with approved
Construction Plans, subject to landscaping that cannot be completed until seasonal conditions
permit.
Section 4.5. Records. The Authority and the City through any authorized representatives,
shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all
books and records of Redeveloper relating to the Minimum Improvements. Such records shall be
kept and maintained by Redeveloper through the Maturity Date.
Section 4.6. Connectivity. The Redeveloper shall install dedicated wired connections for
the Minimum Improvements in conformity with the terms and specifications provided in the
Planning Development Contract between the Redeveloper and the City, approved on December 7,
2015.
Section 4.7. Redeveloper Public Improvements. In addition to construction of the
Minimum Improvements, the Redeveloper shall construct, at Redeveloper’s sole cost, public
sidewalks adjacent to all streets abutting the Redevelopment Property, streetlights, landscaping,
streetscape improvements, and bicycle parking (the “Redeveloper Public Improvements”), as
provided in the Official Exhibits to the City’s Ordinance 2483-15 (the “City Ordinance”). All
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Redeveloper Public Improvements shall be constructed in accordance with the City Ordinance,
which is incorporated herein by reference.
Section 4.8. Public Art. The Redeveloper shall allocate $75,000 for the design and
installation of public artwork (the “Public Art”) to be placed in a prominent location on the
Redevelopment Property outside the Minimum Improvements. Prior to installation, the design of
the Public Art shall be approved by the Authority, provided that such approval shall not be
unreasonably withheld, conditioned or delayed. Installation of the Public Art shall be completed
prior to issuance of the Certificate of Completion under Section 4.4 hereof, unless otherwise agreed
by the Authority.
Section 4.9. Inclusionary Housing. The Redeveloper agrees to comply with the City’s
Inclusionary Housing Policy, as adopted June 1, 2015, including without limitation the following:
(a) Redeveloper agrees to reserve at least 18 of the apartment units in the Minimum
Improvements (the “Affordable Dwelling Units”) for households earning 60% of Area Median
Income (“AMI”) for at least 25 years following building occupancy.
(b) The monthly rental price for Affordable Dwelling Units shall include rent and
utility costs and shall be based on fifty percent (50%) and/or sixty percent (60%) of AMI for the
metropolitan area that includes St. Louis Park adjusted for bedroom size and calculated annually
by Minnesota Housing in connection with establishing rent limits for the Housing Tax Credit
Program.
(c) The size and design of the Affordable Dwelling Units shall be consistent and
comparable with the market rate units in the Minimum Improvements and is subject to the
approval of the City. The Affordable Dwelling Units shall be distributed throughout the
Minimum Improvements.
(d) The Affordable Dwelling Units shall have a number of bedrooms in the
approximate proportion as the market rate units.
(e) Redeveloper agrees to prepare an affordable housing plan as defined in the City’s
Inclusionary Housing Policy (the “Affordable Housing Plan”). The Affordable Housing Plan shall
describe how the Redeveloper complies with each of the applicable requirements of the
Inclusionary Housing Policy. The Affordable Housing Plan shall be prepared by the Redeveloper
and must be approved by the City prior to or in conjunction with delivery of the Certificate of
Completion for the Minimum Improvements.
Section 4.10. Property Management. The Redeveloper shall cause the Minimum
Improvements to be professionally managed by a property management company with substantial
experience in operating mixed use developments. The Redeveloper’s selection of the property
management company is subject to approval by the Authority, which approval shall not be
unreasonably withheld.
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Section 4.11. Special Service District; Maintenance. (a) Upon the written request
of the Authority, the Redeveloper agrees to file any petition or other document required to enter
into the City’s Special Service District No. 3 (the “Special Service District”) and to become
subject to special service charges levied on all commercial properties in the Special Service
District as authorized by Minnesota Statutes, Chapter 428A. In accordance with Minnesota
Statutes, Chapter 428A, special services will not include any service that is ordinarily provided
throughout the City from general fund revenues except to the extent an increased level of service
is provided in the Special Service District. The Redeveloper further waives all rights to veto,
appeal or otherwise object to imposition of a service charge levied in accordance with this
paragraph, provided that the Redeveloper, and its successors and assigns, shall be entitled to
raise any objections, appeals or challenges to special district changes upon the termination of this
Agreement.
(b) Prior to the issuance of the Certificate of Completion under Section 4.4 hereof,
the Redeveloper shall submit to the Authority for review and approval a plan for maintenance
and operation of all pedestrian and landscaping improvements located within the Redevelopment
Property, other than those within the Excelsior Boulevard right-of-way and/or included in the
Special Service District (the “Maintenance Plan”). The Maintenance Plan must address, at a
minimum: snow removal from pedestrian connections and sidewalks; maintenance and
replacement of landscaping, irrigation and other streetscaping; snow removal and maintenance of
any surface parking; and maintenance of the Public Art (the “Maintenance”); a description of
how the Maintenance costs will be assessed to tenants; and enforcement mechanisms. Within
sixty (60) days after receipt of the Maintenance Plan, the Authority will approve or deny the
Maintenance Plan in writing, which approval shall not be unreasonably withheld, delayed,
conditioned or denied. If the Authority denies approval of the Maintenance Plan, the denial shall
set forth in detail the reasons therefor, and Redeveloper shall submit a new or corrected
Maintenance Plan within thirty (30) days after written notification to the Redeveloper of the
denial.
(b) If the Redeveloper fails to perform the Maintenance in accordance with the
Maintenance Plan, the Authority, at its option and following 30 days written notice to the
Redeveloper, may enter the Redevelopment property and perform the Maintenance. The
Redeveloper agrees to permit the City to specially assess any costs of the Maintenance
proportionately against the Minimum Improvements. The Redeveloper, on behalf of itself and
its successors and assigns, acknowledges the benefit to the lots within the Redevelopment
Property of the Maintenance and consents to such assessment and waives the right to a hearing,
notice of hearing, or any appeal.
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ARTICLE V
Insurance
Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during
the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance
Policy and, from time to time during that period, at the request of the Authority, furnish the
Authority with proof of payment of premiums on policies covering the following:
(i) Builder’s risk insurance, written on the so-called “Builder’s Risk --
Completed Value Basis,” in an amount equal to 100% of the principal amount of the Note,
and with coverage available in nonreporting form on the so-called “all risk” form of policy.
The interest of the Authority shall be protected in accordance with a clause in form and
content satisfactory to the Authority;
(ii) Comprehensive general liability insurance (including operations, contingent
liability, operations of subcontractors, completed operations, and contractual liability
insurance) together with an Owner’s Protective Liability Policy with limits against bodily
injury and property damage of not less than $1,000,000 for each occurrence (to accomplish
the above-required limits, an umbrella excess liability policy may be used). The Authority
shall be listed as an additional insured on the policy; and
(iii) Workers’ compensation insurance, with statutory coverage, provided that the
Redeveloper may be self-insured with respect to all or any part of its liability for workers’
compensation.
(b) Upon completion of construction of the Minimum Improvements and prior to the
Maturity Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense,
and from time to time at the request of the Authority shall furnish proof of the payment of premiums
on, insurance as follows:
(i) Insurance against loss and/or damage to the Minimum Improvements under
a policy or policies covering such risks as are ordinarily insured against by similar
businesses.
(ii) Comprehensive general public liability insurance, including personal injury
liability (with employee exclusion deleted), against liability for injuries to persons and/or
property, in the minimum amount for each occurrence and for each year of $1,000,000, and
shall be endorsed to show the City and Authority as additional insureds.
(iii) Such other insurance, including workers' compensation insurance respecting
all employees of the Redeveloper, in such amount as is customarily carried by like
organizations engaged in like activities of comparable size and liability exposure; provided
that the Redeveloper may be self-insured with respect to all or any part of its liability for
workers' compensation.
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(c) All insurance required in Article V of this Agreement shall be taken out and
maintained in responsible insurance companies selected by the Redeveloper that are authorized
under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will
deposit annually with the Authority policies evidencing all such insurance, or a certificate or
certificates or binders of the respective insurers stating that such insurance is in force and effect. If
permitted by Redeveloper’s insurer at commercially reasonable rates, each policy shall contain a
provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage
provided below the amounts required herein without giving written notice to the Redeveloper and
the Authority at least 30 days before the cancellation or modification becomes effective. In lieu of
separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a
combination thereof, having the coverage required herein, in which event the Redeveloper shall
deposit with the Authority a certificate or certificates of the respective insurers as to the amount of
coverage in force upon the Minimum Improvements.
(d) The Redeveloper agrees to notify the Authority immediately in the case of damage
exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair,
reconstruct, and restore the Minimum Improvements to substantially the same or an improved
condition or value as it existed prior to the event causing such damage and, to the extent necessary
to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net
proceeds of any insurance relating to such damage received by the Redeveloper to the payment or
reimbursement of the costs thereof.
The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum
Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for
such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of
such repairs, construction, and restoration shall be the property of the Redeveloper.
(e) In lieu of its obligation to reconstruct the Minimum Improvements as set forth in this
Section, the Redeveloper shall have the option of: (i) if Redeveloper has assigned the Note to a
third party, paying to the Authority an amount that, in the opinion of the Authority and its fiscal
consultant, is sufficient to pay or redeem the outstanding principal and accrued interest on the Note,
or (ii) so long as the Redeveloper is the owner of the Note, waiving its right to receive subsequent
payments under the Note.
(f) The Redeveloper and the Authority agree that all of the insurance provisions set
forth in this Article V shall terminate upon the termination of this Agreement.
Section 5.2. Subordination. Notwithstanding anything to the contrary herein, the rights of
the Authority with respect to the receipt and application of any insurance proceeds shall, in all
respects, be subordinate and subject to the rights of any Holder under a Mortgage allowed pursuant
to Article VII of this Agreement.
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ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes. The Redeveloper acknowledges that the
Authority is providing substantial aid and assistance in furtherance of the development through
reimbursement of Public Redevelopment Costs. The Redeveloper understands that the Tax
Increments pledged to payment on the Note are derived from real estate taxes on the
Redevelopment Property, which taxes must be promptly and timely paid. To that end, the
Redeveloper agrees for itself, its successors and assigns, that in addition to the obligation pursuant
to statute to pay real estate taxes, it is also obligated by reason of this Agreement to pay before
delinquency all real estate taxes assessed against the Redevelopment Property and the Minimum
Improvements. The Redeveloper acknowledges that this obligation creates a contractual right on
behalf of the Authority to sue the Redeveloper or its successors and assigns to collect delinquent
real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the
county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses
and reasonable attorney fees.
Section 6.2. Review of Taxes. The Redeveloper agrees that prior to the Maturity Date it
will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property
through: (A) willful destruction of the Redevelopment Property or any part thereof; or (B) willful
refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement,
except as provided in Section 5.1(e). The Redeveloper also agrees that it will not, prior to the
Maturity Date, seek exemption from property tax for the Redevelopment Property or any portion
thereof or transfer or permit the transfer of the Redevelopment Property to any entity that is exempt
from real property taxes and state law (other than any portion thereof dedicated or conveyed to the
City in accordance with platting of the Redevelopment Property), or apply for a deferral of property
tax on the Redevelopment Property pursuant to any law.
Section 6.3. Assessment Agreement. (a) At Closing, the Redeveloper shall, with the
Authority, execute an Assessment Agreement pursuant to Minnesota Statutes, Section 469.177,
subd. 8, specifying an assessor's minimum Market Value for the Redevelopment Property and
Minimum Improvements constructed thereon. The amount of the minimum Market Value shall be
$31,680,000 as of January 2, 2018 and each January 2 thereafter, notwithstanding the status of
construction by such dates.
(b) The Assessment Agreement shall be substantially in the form attached hereto as
Schedule H. Nothing in the Assessment Agreement shall limit the discretion of the assessor to
assign a market value to the Redevelopment Property in excess of such assessor's minimum Market
Value; nothing in this Agreement or in the Assessment Agreement shall limit the right of the
Redeveloper, or its successors and assigns, to challenge a Market Value determination that exceeds
the established minimum Market Value for the Redevelopment Property. The Assessment
Agreement shall remain in force for the period specified in the Assessment Agreement.
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ARTICLE VII
Other Financing
Section 7.1. Generally. Before issuance of the Note, the Redeveloper shall submit to the
Authority or provide access thereto for review by Authority staff, consultants and agents, evidence
reasonably satisfactory to the Authority that Redeveloper has available funds, or commitments to
obtain funds, whether in the nature of mortgage financing, equity, grants, loans, or other sources
sufficient for paying the cost of the developing the Minimum Improvements, provided that any
lender or grantor commitments shall be subject only to such conditions as are normal and customary
in the commercial lending industry.
Section 7.2. Authority's Option to Cure Default on Mortgage. In the event that any portion
of the Redeveloper's funds is provided through mortgage financing, and there occurs a default under
any Mortgage authorized pursuant to Article VII of this Agreement, the Redeveloper shall cause the
Authority to receive copies of any notice of default received by the Redeveloper from the holder of
such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any
such default on behalf of the Redeveloper within such cure periods as are available to the
Redeveloper under the Mortgage documents.
Section 7.3. Modification; Subordination. The Authority agrees to subordinate its rights
under this Agreement to the Holder of any Mortgage securing construction or permanent financing,
in accordance with the terms of a subordination agreement substantially in the form attached as
Schedule E, or such other form as the Authority and Holder mutually agree (the “Subordination
Agreement”).
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ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development. The Redeveloper represents and agrees
that its purchase of the Redevelopment Property, and its other undertakings pursuant to the
Agreement, are, and will be used, for the purpose of development of the Redevelopment Property
and not for speculation in land holding.
Section 8.2. Prohibition Against Redeveloper’s Transfer of Property and Assignment of
Agreement. The Redeveloper represents and agrees that prior to issuance of a Certificate of
Completion for all of the Minimum Improvements:
(a) Except only by way of security for, and only for, the purpose of obtaining financing
necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or
any part thereof, to perform its obligations with respect to undertaking the redevelopment
contemplated under this Agreement, and any other purpose authorized by this Agreement, the
Redeveloper has not made or created and will not make or create or suffer to be made or created any
total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other
mode or form of or with respect to this Agreement or the Redevelopment Property or any part
thereof or any interest therein, or any contract or agreement to do any of the same, to any person or
entity whether or not related in any way to the Redeveloper (collectively, a “Transfer”), without the
prior written approval of the Authority (whose approval will not be unreasonably withheld, subject
to the standards described in paragraph (b) of this Section) unless the Redeveloper remains liable
and bound by this Redevelopment Agreement in which event the Authority’s approval is not
required. Any such Transfer shall be subject to the provisions of this Agreement. For the purposes
of this Agreement, the term Transfer does not include (i) acquisition of a controlling interest in
Redeveloper by another entity or merger of Redeveloper with another entity; (ii) any sale,
conveyance, or transfer in any form to any Affiliate; (iii) grant or conveyance of any Mortgage or
other financing obtained by the Redeveloper with regard to the completion of the Minimum
Improvements; (iv) any leases of the Redevelopment Property to residential or commercial tenants;
or (v) conveyance of any easements necessary for the Project.
(b) In the event the Redeveloper, upon Transfer of the Redevelopment Property or any
portion thereof either before or after issuance of the Certificate of Completion, seeks to be released
from its obligations under this Redevelopment Agreement as to the portion of the Redevelopment
Property that is transferred, the Authority shall be entitled to require, except as otherwise provided
in the Agreement, as conditions to any such release that:
(i) Any proposed transferee shall have the qualifications and financial
responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill
the obligations undertaken in this Agreement by the Redeveloper as to the portion of the
Redevelopment Property to be transferred.
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(ii) Any proposed transferee, by instrument in writing satisfactory to the
Authority and in form recordable in the public land records of Hennepin County, Minnesota,
shall, for itself and its successors and assigns, and expressly for the benefit of the Authority,
have expressly assumed all of the obligations of the Redeveloper under this Agreement as to
the portion of the Redevelopment Property to be transferred and agreed to be subject to all
the conditions and restrictions to which the Redeveloper is subject as to such portion;
provided, however, that the fact that any transferee of, or any other successor in interest
whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever
reason, have assumed such obligations or so agreed, and shall not (unless and only to the
extent otherwise specifically provided in this Agreement or agreed to in writing by the
Authority) deprive the Authority of any rights or remedies or controls with respect to the
Redevelopment Property, the Minimum Improvements or any part thereof or the
construction of the Minimum Improvements; it being the intent of the parties as expressed in
this Agreement that (to the fullest extent permitted at law and in equity and excepting only
in the manner and to the extent specifically provided otherwise in this Agreement) no
transfer of, or change with respect to, ownership in the Redevelopment Property or any part
thereof, or any interest therein, however consummated or occurring, and whether voluntary
or involuntary, shall operate, legally, or practically, to deprive or limit the Authority of or
with respect to any rights or remedies on controls provided in or resulting from this
Agreement with respect to the Redevelopment Property that the Authority would have had,
had there been no such transfer or change. In the absence of specific written agreement by
the Authority to the contrary, no such transfer or approval by the Authority thereof shall be
deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement
or otherwise with respect to the Redevelopment Property, from any of its obligations with
respect thereto.
(iii) Any and all legal documents involved in effecting the transfer of any interest
in this Agreement or the Redevelopment Property governed by this Article VIII, shall be in
a form reasonably satisfactory to the Authority.
(iv) At the written request of Redeveloper, the Authority shall execute and
deliver to Redeveloper and the proposed transferee an estoppel certificate containing
commercially customary and reasonable certifications.
In the event the foregoing conditions are satisfied then the Redeveloper shall be released from its
obligation under this Agreement, as to the portion of the Redevelopment Property that is transferred,
assigned, or otherwise conveyed.
Section 8.3. Release and Indemnification Covenants. (a) Except for any willful
misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties
as hereinafter defined, and except for any breach by any of the Indemnified Parties of their
obligations under this Agreement, the Redeveloper releases from and covenants and agrees that the
Authority, and the governing body members, officers, agents, servants, and employees thereof (the
“Indemnified Parties”) shall not be liable for and agrees to indemnify and hold harmless the
Indemnified Parties against any loss or damage to property or any injury to or death of any person
occurring at or about or resulting from any defect in the Redevelopment Property or the Minimum
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Improvements; provided, however, that in no event shall the foregoing modify or expand the
indemnification and release obligations of the Redeveloper provided in Section 3.6(c) hereof with
respect to the presence, if any, or hazardous wastes or pollutants existing on the Redevelopment
Property.
(b) Except for any willful misrepresentation or any willful or wanton misconduct or
negligence of the Indemnified Parties, and except for any breach by any of the Indemnified Parties
of their obligations under this Agreement (including without limitation any failure by the Authority
to perform any procedure required under law in connection with establishment of the TIF District),
the Redeveloper agrees to protect and defend the Indemnified Parties, and further agrees to hold the
aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever by any
person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions
contemplated hereby.
(c) Except for any willful misrepresentation or any willful or wanton misconduct or
negligence of the Indemnified Parties as hereinafter defined, and except for any breach by any of
the Indemnified Parties of their obligations under this Agreement, the Indemnified Parties shall
not be liable for any damage or injury to the persons or property of the Redeveloper or its officers,
agents, servants, or employees or any other person who may be about the Redevelopment Property
or Minimum Improvements.
(d) All covenants, stipulations, promises, agreements and obligations of the Authority
contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and
obligations of such entity and not of any governing body member, officer, agent, servant, or
employee of such entities in the individual capacity thereof.
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ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The following shall be “Events of Default” under
this Agreement and the term “Event of Default” shall mean, whenever it is used in this Agreement,
any one or more of the following events, after the non-defaulting party provides thirty (30) days
written notice to the defaulting party of the event, but only if the event has not been cured within
said thirty (30) days or, if the event is by its nature incurable within thirty (30) days, the defaulting
party does not, within such thirty- (30-) day period, provide assurances reasonably satisfactory to
the party providing notice of default that the event will be cured and will be cured as soon as
reasonably possible:
(a) Failure by the Redeveloper or Authority to observe or perform any covenant,
condition, obligation, or agreement on its part to be observed or performed under this Agreement in
all material respects.
(b) If, before issuance of the Certificate of Completion for all the Minimum
Improvements, the Redeveloper shall
(i) file any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United States
Bankruptcy Act or under any similar federal or State law, which action is not dismissed
within sixty (60) days after filing; or
(ii) make an assignment for benefit of its creditors; or
(iii) admit in writing its inability to pay its debts generally as they become due; or
(iv) be adjudicated a bankrupt or insolvent.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section
9.1 of this Agreement occurs and is continuing, the non-defaulting party may:
(a) Suspend its performance under this Agreement until it receives assurances that the
defaulting party will cure its default and continue its performance under the Agreement.
(b) Upon a default by the Redeveloper under this Agreement, the Authority may
terminate the Note and this Agreement.
(c) Take whatever action, including legal, equitable, or administrative action, which
may appear necessary or desirable to collect any payments due under this Agreement, or to enforce
performance and observance of any obligation, agreement, or covenant under this Agreement,
provided that nothing contained herein shall give the Authority the right to seek specific
performance by Redeveloper of the construction of the Minimum Improvements.
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(d) Notwithstanding anything to the contrary in this Agreement, in the event that an
Event of Default by the Authority occurs prior to Closing, the Redeveloper may, in addition to
any other remedies available at law or equity:
(i) Terminate this Agreement by giving written notice to the Authority, in
which event all Earnest Money paid by the Redeveloper shall be returned to the
Redeveloper, and this Agreement shall become null and void and neither party
shall have any further rights or obligations hereunder; or
(ii) Bring an action for specific performance. Any action for specific
performance must be commenced within six (6) months of the Event of Default.
The Redeveloper, if successful in such action, in addition to other relief, shall be
entitled to an award of its reasonable attorney’s fees and costs.
(e) Notwithstanding anything to the contrary in this Agreement, however, in the
event that any Event of Default by the Redeveloper occurs prior to Closing, the Authority’s sole
remedy shall be to terminate this Agreement in the manner provided by Minn. Stat. Sec. 559.21
and receive the Earnest Money from the Title Company, as liquidated damages, in which event
this Agreement shall be deemed null and void and the parties shall be released from all further
obligations and liabilities under this Agreement. Such termination of this Agreement and receipt
of the Earnest Money will be the only remedies available to the Authority for an Event of
Default by Redeveloper occurring prior to Closing, and Redeveloper will not be liable for
damages or specific performance.
Section 9.3. Revesting Title in Authority Upon Happening of Event Subsequent to
Conveyance to Redeveloper. In the event that subsequent to conveyance of the Authority Parcel to
Redeveloper and prior to completion of construction of the Minimum Improvements (evidenced by
a Certificate of Completion described in Section 4.4):
(a) Redeveloper, subject to Unavoidable Delays, shall fail to begin construction of the
Minimum Improvements in conformity with this Agreement and such failure to begin construction
is not cured within 90 days after written notice from the Authority to Redeveloper to do so; or
(b) Redeveloper fails to pay real estate taxes or assessments on the Authority Parcel or
any part thereof when due, or creates, suffers, assumes, or agrees to any encumbrance or lien on the
Authority Parcel (except to the extent permitted by this Agreement), or shall suffer any levy or
attachment to be made, or any materialmen’s or mechanics’ lien, or any other unauthorized
encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the
encumbrance or lien removed or discharged or provision satisfactory to the Authority made for such
payment, removal, or discharge, within thirty (30) days after written demand by the Authority to do
so; provided, that if Redeveloper first notifies the Authority of its intention to do so, it may in good
faith contest any mechanics’ or other lien filed or established and in such event the Authority shall
permit such mechanics’ or other lien to remain undischarged and unsatisfied during the period of
such contest and any appeal and during the course of such contest Redeveloper shall keep the
Authority informed respecting the status of such defense; or
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(c) there is, in violation of the Agreement, any Transfer of the Authority Parcel in
violation of the terms of Section 8.2, and such violation is not cured within sixty (60) days after
written demand by the Authority to Redeveloper, or if the event is by its nature incurable within 60
days, Redeveloper does not, within such 60-day period, provide assurances reasonably satisfactory
to the Authority that the event will be cured as soon as reasonably possible; or
(d) Redeveloper fails to comply with any of its other covenants under this Agreement
related to the Minimum Improvements and fails to cure any such noncompliance or breach within
thirty (30) days after written demand from the Authority to Redeveloper to do so, or if the event is
by its nature incurable within 30 days, Redeveloper does not, within such 30-day period, provide
assurances reasonably satisfactory to the Authority that the event will be cured as soon as
reasonably possible; or
(e) subject to the terms of any Subordination Agreement (including without limitation
any right thereunder of the Holder of any Mortgage to effectuate the cure of any default of the
Redeveloper hereunder), the Holder of any Mortgage secured by the subject property exercises
any remedy provided by the Mortgage documents or exercises any remedy provided by law or
equity in the event of a default in any of the terms or conditions of the Mortgage, in either case
which would materially adversely affect the rights and obligations of the Authority hereunder;
Then the Authority shall have the right to re-enter and take possession of the Authority
Parcel and to terminate (and revest in the Authority) the estate conveyed by the deed to Redeveloper
as to the Authority Parcel, subject to all intervening matters, it being the intent of this provision,
together with other provisions of the Agreement, that the conveyance of the Authority Parcel to
Redeveloper shall be made upon, and that the deed shall contain a condition subsequent to the effect
that in the event of any default on the part of Redeveloper and failure on the part of Redeveloper to
remedy, end, or abrogate such default within the period and in the manner stated in such
subdivisions, the Authority at its option may declare a termination in favor of the Authority of the
title, and of all the rights and interests in and to the Authority Parcel conveyed to Redeveloper, and
that such title and all rights and interests of Redeveloper, and any assigns or successors in interest to
and in the Authority Parcel, shall revert to the Authority (subject to the rights of any Holder of a
Mortgage as provided in Section 7.3), but only if the events stated in Section 9.3(a)-(e) have not
been cured within the time periods provided above.
Section 9.4. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in
the Authority of title to and/or possession of the Authority Parcel or any part thereof as provided in
Section 9.3, the Authority shall, pursuant to its responsibilities under law, use its best efforts to sell
the parcel or part thereof as soon and in such manner as the Authority shall find feasible and
consistent with the objectives of such law and of the Redevelopment Plan and TIF Plan to a
qualified and responsible party or parties (as determined by the Authority) who will assume the
obligation of making or completing the Minimum Improvements as shall be satisfactory to the
Authority in accordance with the uses specified for such parcel or part thereof in the Redevelopment
Plan and TIF Plan. During any time while the Authority has title to and/or possession of a parcel
obtained by reverter, the Authority will not disturb the rights of any tenants under any leases
encumbering such parcel. Upon resale of the parcel, the proceeds thereof shall be applied:
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(a) First, to reimburse the Authority for all costs and expenses incurred by them,
including but not limited to salaries of personnel, in connection with the recapture, management,
and resale of the parcel (but less any income derived by the Authority from the property or part
thereof in connection with such management); all taxes, assessments, and water and sewer charges
with respect to the parcel or part thereof (or, in the event the parcel is exempt from taxation or
assessment or such charge during the period of ownership thereof by the Authority, an amount, if
paid, equal to such taxes, assessments, or charges (as determined by the Authority assessing official)
as would have been payable if the parcel were not so exempt); any payments made or necessary to
be made to discharge any encumbrances, liens, or Mortgages existing on the parcel or part thereof at
the time of revesting of title thereto in the Authority or to discharge or prevent from attaching or
being made any subsequent encumbrances or liens due to obligations, defaults or acts of
Redeveloper, its successors or transferees; any expenditures made or obligations incurred with
respect to the making or completion of the subject improvements or any part thereof on the parcel or
part thereof; and any amounts otherwise owing the Authority by Redeveloper and its successor or
transferee; and
(b) Second, to reimburse Redeveloper, its successor or transferee, up to the amount
equal to (1) the purchase price paid by Redeveloper under Section 3.2 with respect to the parcel
revested; plus (2) the amount actually invested by it in making any of the subject improvements
on the parcel or part thereof.
Any balance remaining after such reimbursements shall be retained by the Authority as its property.
Section 9.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to any
party is intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient. To entitle the Authority to exercise any remedy
reserved to it, it shall not be necessary to give notice, other than such notice as may be required in
this Article IX.
Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the other
party, such waiver shall be limited to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder.
Section 9.7. Attorney Fees. Whenever any Event of Default occurs and if the non-
defaulting party employs attorneys or incurs other expenses for the collection of payments due or to
become due or for the enforcement of performance or observance of any obligation or agreement on
the part of the defaulting party under this Agreement, the defaulting party shall, within twenty (20)
days of written demand by the non-defaulting party, pay to the non-defaulting party the reasonable
fees of such attorneys actually incurred and such other reasonable third-party expenses actually
incurred by the non-defaulting party.
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ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Representatives Not Individually Liable. The
Authority and the Redeveloper, to the best of their respective knowledge, represent and agree that
no member, official, or employee of the Authority shall have any personal interest, direct or
indirect, in the Agreement, nor shall any such member, official, or employee participate in any
decision relating to the Agreement that affects his personal interests or the interests of any
corporation, partnership, or association in which he, directly or indirectly, is interested. No
member, official, or employee of the City or Authority shall be personally liable to the Redeveloper,
or any successor in interest, in the event of any default or breach by the Authority or for any amount
that may become due to the Redeveloper or successor or on any obligations under the terms of the
Agreement.
Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its
successors and assigns, agrees that during the construction of the Minimum Improvements provided
for in the Agreement it will comply with all applicable federal, state, and local equal employment
and non-discrimination laws and regulations.
Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Maturity Date,
the Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to the
operation of the Minimum Improvements as described in Section 4.1 hereof, and shall not
discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or
in the use or occupancy of the Redevelopment Property or any improvements erected or to be
erected thereon, or any part thereof. Redeveloper agrees that no portion of the Redevelopment
Property will be used for a sexually-oriented business, a pawnshop, a check-cashing business, a
tattoo business, or a gun business, and that such restrictions may be included in the Deed.
Section 10.4. Provisions Not Merged With Deed. None of the provisions of this
Agreement are intended to or shall be merged by reason of any deed transferring any interest in the
Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions
and covenants of this Agreement.
Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any of its provisions.
Section 10.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to the
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally, to the following addresses (or to
such other addresses as either party may notify the other):
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To Redeveloper: 4900 Excelsior Apartments LLC
Attn: Dan Hunt
Carlson Center East II
130 Cheshire Lane, Suite 175
Minnetonka, MN 55305–1027
To Authority: St. Louis Park EDA
Attn: Executive Director
5005 Minnetonka Boulevard
St. Louis Park, Minnesota 55416-2518
Section 10.7. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.8. Recording. At or after Closing, the Authority may record this Agreement
and any amendments thereto with the Hennepin County recorder. The Redeveloper shall pay all
costs for recording and agrees to execute such memorandum. The Redeveloper’s obligations under
this Agreement are covenants running with the land for the term of this Agreement, enforceable by
the Authority against the Redeveloper, its successor and assigns, and every successor in interest to
the Redevelopment Property, or any part thereof or any interest therein.
Section 10.9. Amendment. This Agreement may be amended only by written agreement
approved by the Authority and the Redeveloper.
Section 10.10. Authority Approvals. Unless otherwise specified, any approval required by
the Authority under this Agreement may be given by the Authority Representative, except that final
approval of issuance of the Note shall be made by the Authority’s board of commissioners.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the Authority and Redeveloper have caused this Agreement to be duly
executed by their duly authorized representatives as of the date first above written.
ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _________, 2015
by Anne Mavity and Tom Harmening, the President and Executive Director of the St. Louis Park
Economic Development Authority, a public body corporate and politic under the laws of the State
of Minnesota, on behalf of the Authority.
Notary Public
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472015v1 MNI SA285-106 36
4900 EXCELSIOR APARTMENTS LLC
By: _______________________________________
W. Dean Weidner, as Trustee of the
W. Dean Weidner Living Trust
Under Trust Agreement Dated October 23, 1998,
as amended, its Member
STATE OF WASHINGTON )
) SS.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ___ day of _____________,
2015, by W. Dean Weidner, as Trustee of the W. Dean Weidner Living Trust under Trust
Agreement Dated October 23, 1998, as amended, the Member of 4900 Excelsior Apartments, LLC,
a Minnesota limited liability company, on behalf of the company.
___________________________________ Notary Public
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SCHEDULE A
REDEVELOPMENT PROPERTY
Authority Parcel:
Outlot H, Park Commons East, Hennepin County, Minnesota
Third-Party Parcel:
Commencing at a point in the center line of Excelsior Avenue distant 313.25 feet Northeasterly
from its intersection with the Westerly line of the Northeast Quarter of the Northwest Quarter of
Section 7, Township 28, Range 24, Hennepin County, Minnesota; thence Northwesterly at right
angles from the center line of said Excelsior Avenue a distance of 310.0 feet; thence Northeasterly
along a line parallel to said center line to the most Westerly corner of Registered Land Survey No.
832; thence Southeasterly along the Westerly line of said of Registered Land Survey and its
extension Southeasterly to the center line of Excelsior Avenue; thence Southwesterly along said
center line to the place of beginning; all in said Section 7, Township 28, Range 24, according to the
United States Government Survey thereof and situated in Hennepin County, Minnesota.
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SCHEDULE B
FORM OF QUIT CLAIM DEED
Deed Tax Due: $__________
ECRV: _________________
THIS INDENTURE, between the St. Louis Park Economic Development Authority, a
public body corporate and politic under the laws of the State of Minnesota (the “Grantor”), and
4900 Excelsior Apartments LLC, a Minnesota limited liability company (the “Grantee”).
WITNESSETH, that Grantor, in consideration of the sum of $_______________ and other
good and valuable consideration the receipt whereof is hereby acknowledged, does hereby grant,
bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or
parcel of land lying and being in the County of Hennepin and State of Minnesota described as
follows, to-wit (such tract or parcel of land is hereinafter referred to as the “Property”):
[Insert platted legal description of Authority Parcel]
To have and to hold the same, together with all the hereditaments and appurtenances
thereunto belonging.
SECTION 1.
It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions
and provisions of an agreement recorded herewith entered into between the Grantor and Grantee on
the 16th day of November, 2015, identified as “Purchase and Redevelopment Contract” (hereafter
referred to as the “Agreement”) and that the Grantee shall not convey this Property, or any part
thereof, except as permitted by the Agreement until a certificate of completion releasing the Grantee
from certain obligations of said Agreement as to this Property or such part thereof then to be
conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee
from mortgaging this Property in order to obtain funds for the purchase of the Property hereby
conveyed or for erecting the Minimum Improvements thereon (as defined in the Agreement) in
conformity with the Agreement, any applicable development program and applicable provisions of
the zoning ordinance of the City of St. Louis Park, Minnesota, or for the refinancing of the same.
It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to
completion the development of the Property through the construction of the Minimum
Improvements thereon, as provided in the Agreement.
Promptly after completion of the Minimum Improvements in accordance with the provisions
of the Agreement, the Grantor will furnish the Grantee with a Certificate of Completion (as defined
in the Agreement) so certifying. Such Certificate of Completion by the Grantor shall be (and it shall
be so provided in the certification itself) a conclusive determination of satisfaction and termination
of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of
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the Grantee, and its successors and assigns, to construct the Minimum Improvements and the dates
for the beginning and completion thereof. Such certifications and such determination shall not
constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder
of a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the
Property hereby conveyed or the Minimum Improvements, or any part thereof.
All certifications provided for herein shall be in such form as will enable them to be
recorded with the County Recorder and/or Registrar of Titles, Hennepin County, Minnesota. If the
Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the
Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the
Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects
the Grantee has failed to complete the Minimum Improvements in accordance with the provisions
of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the
opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification.
SECTION 2.
The Grantee’s rights and interest in the Property are subject to the terms and conditions of
Section 9.3 of the Agreement relating to the Grantor’s right to re-enter and revest in Grantor title to
the Property under conditions specified therein, including but not limited to termination of such
right upon issuance of a Certificate of Completion as defined in the Agreement.
SECTION 3.
The Grantee agrees for itself and its successors and assigns to or of the Property or any part
thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply with
all provisions of the Agreement that relate to the Property or use thereof for the periods specified in
the Agreement, including without limitation the covenant set forth in Section 10.3 thereof.
It is intended and agreed that the above and foregoing agreements and covenants shall be
covenants running with the land for the respective terms herein provided, and that they shall, in any
event, and without regard to technical classification or designation, legal or otherwise, and except
only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by
law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee,
its successors and assigns, and every successor in interest to the Property, or any part thereof or any
interest therein, and any party in possession or occupancy of the Property or any part thereof.
In amplification, and not in restriction of, the provisions of the preceding section, it is
intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and covenants
provided herein, both for and in its own right, and also for the purposes of protecting the interest of
the community and the other parties, public or private, in whose favor or for whose benefit these
agreements and covenants have been provided. Such agreements and covenants shall run in favor
of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner
of any land or interest therein to, or in favor of, which such agreements and covenants relate. The
Grantor shall have the right, in the event of any breach of any such agreement or covenant to
exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other
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proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or
any other beneficiaries of such agreement or covenant may be entitled; provided that Grantor shall
not have any right to re-enter the Property or revest in the Grantor the estate conveyed by this Deed
on grounds of Grantee’s failure to comply with its obligations under this Section 3.
SECTION 4.
This Deed is also given subject to:
(a) Provision of the ordinances, building and zoning laws of the City of St.
Louis Park, and state and federal laws and regulations in so far as they affect this real estate.
(b) [Others]
Grantor certifies that it does not know of any wells on the Property.
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IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its President and Executive Director this ______ day of ____________, 2015.
o The Seller certifies that the Seller does
not know of any wells on the described
real property.
o A well disclosure certificate accompanies
this document or has been electronically
filed. (If electronically filed, insert
WDC number: __________________).
o I am familiar with the property described
in this instrument and I certify that the
status and number of wells on the
described real property have not
changed since the last previously filed
well disclosure certificate.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
By __________________________
Anne Mavity
Its President
By
Tom Harmening
Its Executive Director
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this ____ day of , 2015, before me, a notary public within and for Hennepin
County, personally appeared and to me personally known
who by me duly sworn, did say that they are the President and Executive Director of the St. Louis
Park Economic Development Authority, a public body corporate and politic under the laws of the
State of Minnesota (the “Authority”) named in the foregoing instrument; that said instrument was
signed on behalf of said Authority pursuant to a resolution of its governing body; and said
and acknowledged said instrument to be the free act and deed of said Authority.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Charted (MNI)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
Tax Statements should be sent to:
4900 Excelsior Apartments LLC
Carlson Center East II
130 Cheshire Lane, Suite 175
Minnetonka, MN 55305–1027
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SCHEDULE C
AUTHORIZING RESOLUTION
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. ______
RESOLUTION APPROVING A PURCHASE AND
REDEVELOPMENT CONTRACT AND AWARDING THE
SALE OF, AND PROVIDING THE FORM, TERMS,
COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF
ITS TAX INCREMENT REVENUE NOTE TO 4900
EXCELSIOR APARTMENTS LLC.
BE IT RESOLVED BY the Board of Commissioners ("Board") of the St. Louis Park
Economic Development Authority (the "Authority") as follows:
Section 1. Recitals; Approval and Authorization; Award of Sale.
1.01. Recitals. (a) The Authority and the City of St. Louis Park have heretofore approved
the establishment of the 4900 Excelsior Tax Increment Financing District (the "TIF District") within
Redevelopment Project No. 1 ("Project"), and have adopted a tax increment financing plan for the
purpose of financing certain improvements within the Project.
(b) To facilitate the redevelopment of certain property within the Project and TIF
District, the Authority and 4900 Excelsior Apartments LLC (the “Owner”) have negotiated a
Purchase and Redevelopment Contract (the “Agreement”) which provides for the conveyance of
certain Authority-owned property (the “Property”) to the Owner, the construction by the Owner
of a mixed-use rental housing and retail facility and associated parking on the Property, and the
issuance of the Authority’s Tax Increment Revenue Note, Series 20__ (the “Note”) to the Owner.
(c) On October 21, 2015, 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 plan.
(d) The Authority has on this date conducted a duly noticed public hearing regarding the
conveyance of the Property to the Redeveloper, at which all interested parties were given an
opportunity to be heard.
(e) The Board has reviewed the Agreement and finds that the execution thereof and
performance of the Authority's obligations thereunder, including the conveyance of the Property to
the Redeveloper, are in the best interest of the City and its residents.
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1.02. Approval of Agreement. (a) The Agreement as presented to the Board is hereby in
all respects approved, subject to modifications that do not alter the substance of the transaction and
that are approved by the President and Executive Director, provided that execution of the
Agreement by such officials shall be conclusive evidence of approval.
(b) Authority staff and officials are authorized to take all actions necessary to perform
the Authority’s obligations under the Agreement as a whole, including without limitation execution
of any documents to which the Authority is a party referenced in or attached to the Agreement, and
any deed or other documents necessary to convey the Property to Redeveloper, all as described in
the Agreement.
1.03. Authorization of Note. Pursuant to Minnesota Statutes, Section 469.178, the
Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public
development costs of the Project. Such bonds are payable from all or any portion of revenues
derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds
and determines that it is in the best interests of the Authority that it issue and sell the Note to the
Owner for the purpose of financing certain Public Redevelopment Costs of the Project.
1.04. Issuance, Sale, and Terms of the Note. (a) The Authority hereby authorizes the
President and Executive Director to issue the Note in accordance with the Agreement. All
capitalized terms in this resolution have the meaning provided in the Agreement unless the context
requires otherwise.
(b) The Note shall be issued in the maximum aggregate principal amount of $2,800,000 to
the Owner in consideration of certain eligible costs incurred by the Owner under the Agreement,
shall be dated the date of delivery thereof, and shall bear interest at the rate of 4.5% per annum from
the date of issue to the earlier of maturity or prepayment. The Note will be issued in the principal
amount of Public Redevelopment Costs submitted and approved in accordance with Section 3.7 of
the Agreement. The Note is secured by Available Tax Increment, as further described in the form
of the Note herein. The Authority hereby delegates to the Executive Director the determination of
the date on which the Note is to be delivered, in accordance with the Agreement.
Section 2. Form of Note. The Note shall be in substantially the following form, with
the blanks to be properly filled in and the principal amount adjusted as of the date of issue:
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UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
No. R-1 $_____________
TAX INCREMENT REVENUE NOTE
SERIES 20__
Date
Rate of Original Issue
4.5%
The St. Louis Park Economic Development Authority (“Authority”) for value received,
certifies that it is indebted and hereby promises to pay to 4900 Excelsior Apartments LLC or
registered assigns (the "Owner"), the principal sum of $__________ and to pay interest thereon at
the rate of 4.5% per annum, solely from the sources and to the extent set forth herein. Capitalized
terms shall have the meanings provided in the Purchase and Redevelopment Contract between the
Authority and the Owner, dated as of __________, 2015 (the "Agreement"), unless the context
requires otherwise.
1. Payments. Principal and interest ("Payments") shall be paid on August 1, 20__ and
each February 1 and August 1 thereafter to and including February 1, 20__ ("Payment Dates") in the
amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to
accrued interest, and then to unpaid principal. Interest accruing from the date of issue through and
including February 1, 20__ shall be compounded semiannually on February 1 and August 1 of each
year and added to principal.
Payments are payable by mail to the address of the Owner or such other address as the
Owner may designate upon 30 days written notice to the Authority. Payments on this Note are
payable in any coin or currency of the United States of America which, on the Payment Date, is
legal tender for the payment of public and private debts.
2. Interest. In terest at the rate stated herein shall accrue on the unpaid principal,
commencing on the date of original issue. Interest shall be computed on the basis of a year of 360
days and charged for actual days principal is unpaid.
3. Available Tax Increment. (a) Payments on this Note are payable on each Payment
Date solely from and in the amount of Available Tax Increment, which shall mean 95% of the Tax
Increment attributable to the Minimum Improvements and Redevelopment Property that is paid to
the Authority by Hennepin County in the six months preceding each Payment Date on the Note.
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(b) The Authority shall have no obligation to pay principal of and interest on this Note on
each Payment Date from any source other than Available Tax Increment and the failure of the
Authority to pay principal or interest on this Note on any Payment Date shall not constitute a default
hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax
Increment. The Authority shall have no obligation to pay any unpaid balance of principal or
accrued interest that may remain after the final Payment on February 1, 20__.
4. Default. If on any Payment Date there has occurred and is continuing any Event of
Default under the Agreement, the Authority may withhold from payments hereunder under all
Available Tax Increment. If the Event of Default is thereafter cured in accordance with the
Agreement, the Available Tax Increment withheld under this Section shall be deferred and paid,
without interest thereon, within 30 days after the Event of Default is cured. If the Event of Default
is not cured in a timely manner, the Authority may terminate this Note by written notice to the
Owner in accordance with the Agreement.
5. Prepayment. (a) The principal sum and all accrued interest payable under this Note
is prepayable in whole or in part at any time by the Authority without premium or penalty. No
partial prepayment shall affect the amount or timing of any other regular Payment otherwise
required to be made under this Note.
(b) Upon receipt by Redeveloper of the Authority’s written statement of the
Participation Amount as described in Section 3.8 of the Agreement, one hundred percent of such
Participation Amount will be deemed to constitute, and will be applied to, prepayment of the
principal amount of this Note. Such deemed prepayment is effective as of the date of delivery of
such statement to the Owner, and will be recorded by the Registrar in its records for the Note. Upon
request of the Owner, the Authority will deliver to the Owner a statement of the outstanding
principal balance of the Note after application of the deemed prepayment under this paragraph.
6. Nature of Obligation. This Note is one of an issue in the total principal amount of
$_________________, issued to aid in financing certain public redevelopment costs and
administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes,
Sections 469.001 through 469.047, and is issued pursuant to an authorizing resolution (the
"Resolution") duly adopted by the Authority on December 7, 2015, and pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes,
Sections 469.174 to 469.1794, as amended. This Note is a limited obligation of the Authority which
is payable solely from Available Tax Increment pledged to the payment hereof under the
Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation
of the State of Minnesota or any political subdivision thereof, including, without limitation, the
Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to
pay the principal of or interest on this Note or other costs incident hereto except out of Available
Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or
any political subdivision thereof is pledged to the payment of the principal of or interest on this Note
or other costs incident hereto.
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7. Registration and Transfer. This Note is issuable only as a fully registered note
without coupons. As provided in the Resolution, and subject to certain limitations set forth therein,
this Note is transferable upon the books of the Authority kept for that purpose at the principal office
of the City Finance Director, by the Owner hereof in person or by such Owner's attorney duly
authorized in writing, upon surrender of this Note together with a written instrument of transfer
satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the
payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority
with respect to such transfer or exchange, there will be issued in the name of the transferee a new
Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the
same dates.
Except as otherwise provided in Section 3.7(d) of the Agreement, this Note shall not be
transferred to any person or entity, unless the Authority has provided written consent to such
transfer and the Authority has been provided with an opinion of counsel or a certificate of the
transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and
prospectus delivery requirements of federal and applicable state securities laws.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be
performed in order to make this Note a valid and binding limited obligation of the Authority
according to its terms, have been done, do exist, have happened, and have been performed in due
form, time and manner as so required.
IN WITNESS WHEREOF, the Board of Commissioners of the St. Louis Park Economic
Development Authority have caused this Note to be executed with the manual signatures of its
President and Executive Director, all as of the Date of Original Issue specified above.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
Executive Director President
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REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register of
the City Finance Director, in the name of the person last listed below.
Date of Signature of
Registration Registered Owner____ City Finance Director
4900 Excelsior Apartments LLC
Federal Tax I.D. No. _____________
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Section 3. Terms, Execution and Delivery.
3.01. Denomination, Payment. The Note shall be issued as a single typewritten note
numbered R-1.
The Note shall be issuable only in fully registered form. Principal of and interest on the
Note shall be payable by check or draft issued by the Registrar described herein.
3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable
by mail to the owner of record thereof as of the close of business on the fifteenth day of the month
preceding the Payment Date, whether or not such day is a business day.
3.03. Registration. The Authority hereby appoints the City Finance Director to perform
the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of
registration and the rights and duties of the Authority and the Registrar with respect thereto shall be
as follows:
(a) Register. The Registrar shall keep at its office a bond register in which the Registrar
shall provide for the registration of ownership of the Note and the registration of transfers and
exchanges of the Note.
(b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly
authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, a new Note of a like aggregate principal amount
and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be
transferred to any person other than an affiliate, or other related entity, of the Owner unless the
Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form
satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery
requirements of federal and applicable state securities laws. The Registrar may close the books for
registration of any transfer after the fifteenth day of the month preceding each Payment Date and
until such Payment Date.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled
by the Registrar and thereafter disposed of as directed by the Authority.
(d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on
such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no
liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in
whose name the Note is at any time registered in the bond register as the absolute owner of the
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on
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account of, the principal of and interest on such Note and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order shall be valid and
effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the
sum or sums so paid.
(f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee,
or other governmental charge required to be paid with respect to such transfer or exchange.
(g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated
or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates
and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of
and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen,
or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost,
stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the
Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar
shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the
mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in
accordance with its terms, it shall not be necessary to issue a new Note prior to payment.
3.04. Preparation and Delivery. The Note shall be prepared under the direction of the
Executive Director and shall be executed on behalf of the Authority by the signatures of its
President and Executive Director. In case any officer whose signature shall appear on the Note shall
cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid
and sufficient for all purposes, the same as if such officer had remained in office until delivery.
When the Note has been so executed, it shall be delivered by the Executive Director to the Owner
thereof in accordance with the Agreement.
Section 4. Security Provisions.
4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest
on the Note all Available Tax Increment as defined in the Note.
Available Tax Increment shall be applied to payment of the principal of and interest on the Note in
accordance with the terms of the form of Note set forth in Section 2 of this resolution.
4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof
or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the
Authority shall maintain a separate and special "Bond Fund" to be used for no purpose other than
the payment of the principal of and interest on the Note. The Authority irrevocably agrees to
appropriate to the Bond Fund on or before each Payment Date the Available Tax Increment in an
amount equal to the Payment then due, or the actual Available Tax Increment, whichever is less.
Any Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority's
account for the TIF District upon the termination of the Note in accordance with its terms.
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4.03. Additional Obligations. The Authority will issue no other obligations secured in
whole or in part by Available Tax Increment unless such pledge is on a subordinate basis to the
pledge on the Note.
Section 5. Certification of Proceedings.
5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and
directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and
records of the Authority, and such other affidavits, certificates, and information as may be required
to show the facts relating to the legality and marketability of the Note as the same appear from the
books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed
representations of the Authority as to the facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon approval.
Reviewed for Administration: Adopted by the Economic Development
Authority __________, 20__
Executive Director President
Attest
Secretary
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SCHEDULE D
FORM OF CERTIFICATE OF COMPLETION
(The remainder of this page is intentionally left blank.)
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CERTIFICATE OF COMPLETION
WHEREAS, the St. Louis Park Economic Development Authority (the "Authority") and
4900 Excelsior Apartments LLC (“Redeveloper”) entered into a certain Purchase and
Redevelopment Contract dated December 7, 2015 (“Contract”), filed of record in the office of the
Hennepin County Recorder [Registrar of Title] as Document No. _____________ on
_________________; and
WHEREAS, the Contract contains certain covenants and restrictions set forth in Articles
III and IV and Section 9.3 thereof related to completing certain Minimum Improvements; and
WHEREAS, the Redeveloper has performed said covenants and conditions insofar as it is
able in a manner deemed sufficient by the Authority to permit the execution and recording of this
certification;
NOW, THEREFORE, this is to certify that all construction and other physical
improvements related to the Minimum Improvements specified to be done and made by the
Redeveloper have been completed and the agreements and covenants of the Redeveloper in
Articles III and IV of the Contract have been performed by the Redeveloper, and this Certificate
is intended to be a conclusive determination of the satisfactory termination of the Redeveloper’s
covenants and conditions in Articles III and IV of the Contract related to completion of the
Minimum Improvements and the termination of the right of reverter in favor of the Authority as
set forth in Article IX of the Contract, but any other covenants in the Contract shall remain in full
force and effect until terminated as provided thereunder.
(Signature page follows.)
Economic Development Authority Meeting of December 7, 2015 (Item No. 7a)
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Dated: _______________, 20__. ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY
By
Authority Representative
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _________, 20__
by ______________________, the __________________ of the St. Louis Park Economic
Development Authority, a public body corporate and politic under the laws of the State of
Minnesota, on behalf of the Authority.
Notary Public
This document drafted by:
Kennedy & Graven, Chartered (MNI)
470 U.S. Bank Plaza
Minneapolis, MN 55402
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SCHEDULE E
Form of Subordination Agreement
THIS SUBORDINATION AGREEMENT (this "Agreement") is made as of this _____
day of __________, 20__, between _______________ ("Lender"), whose address is at
_________________________, and the ST. LOUIS PARK ECONOMIC DEVELOPMENT
AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota
("Authority").
RECITALS
A. 4900 Excelsior Apartments LLC, a Minnesota limited liability company
("Redeveloper"), is the owner of certain real property situated in Hennepin County, Minnesota
and legally described in Exhibit A attached hereto and incorporated herein (the "Property").
B. Lender has made a mortgage loan to Redeveloper in the original principal amount
of $__________ (the "Loan"). The Loan is the evidenced and secured by the following
documents:
(i) a certain promissory note (the "Note") made by Redeveloper dated
__________, 20__, in the amount of $___________; and
(ii) a certain mortgage, security agreement and fixture financing statement
(the "Mortgage") made by Redeveloper dated __________, 20__, filed __________,
20__, as Hennepin County Recorder/Registrar of Titles Doc. No. __________
encumbering the Property; and
(iii) a certain assignment of leases and rents (the "Assignment") made by
Redeveloper dated __________, 20__, filed __________, 20__, as Hennepin County
Recorder/Registrar of Titles Doc. No. __________ encumbering the Property.
The Note, the Mortgage, the Assignment, and all other documents and instruments
evidencing, securing and executed in connection with the Loan, are hereinafter collectively
referred to as the "Loan Documents."
C. Authority is the owner and holder of certain rights under that certain Purchase and
Redevelopment Contract (the "Contract") by and between Redeveloper and Authority dated
December 7, 2015, filed ____________, 20__, as Hennepin County Recorder/Registrar of Titles
Doc. No. _______________.
D. Redeveloper is entitled under the Contract to acquire a certain Tax Increment Tax
Revenue Note, Series 20__ in the original principal amount of $______________ (the “TIF Note”).
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NOW, THEREFORE, in consideration of the foregoing and as an inducement to Lender to
make the Loan, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto represent, warrant and agree as follows:
1. Consent. The Authority acknowledges that the Lender is making the Loan to the
Redeveloper and consents to the same. The Authority also consents to and approves the collateral
assignment of the Contract and TIF Note (when and if issued) by the Redeveloper to the Lender as
collateral for the Loan; provided, however, that this consent shall not deprive the Authority of or
otherwise limit any of the Authority’s rights or remedies under the Contract and TIF Note and shall
not relieve the Redeveloper of any of its obligations under the Contract and TIF Note; provided
further, however, the limitations to the Authority’s consent contained in this Paragraph 1 are subject
to the provisions of Paragraph 2 below.
2. Subordination. The Authority hereby agrees that the rights of the Authority under
the Contract are and shall remain subordinate and subject to liens, rights and security interests
created by the Loan Documents and to any and all amendments, modifications, extensions,
replacements or renewals of the Loan Documents; provided, however, that nothing herein shall be
construed as subordinating the requirement contained in the Contract the Property be used in
accordance with the provisions of Section 10.3 of the Contract, or as subordinating the Authority’s
rights under the TIF Note to suspend payments in accordance with the TIF Note.
3. Notice to Authority. Lender agrees to use commercially reasonable efforts to notify
Authority of the occurrence of any Event of Default given to Redeveloper under the Loan
Documents, in accordance with Section 7.2 of the Contract. The Lender shall not be bound by the
other requirements in Section 7.2 of the Contract.
4. Statutory Exception. Nothing in this Agreement shall alter, remove or affect
Lender’s obligation under Minnesota Statutes, § 469.029 to use the Property in conformity to
Section 10.3 of the Contract.
5. No Assumption. The Authority acknowledges that the Lender is not a party to the
Contract and by executing this Agreement does not become a party to the Contract, and specifically
does not assume and shall not be bound by any obligations of the Redeveloper to the Authority
under the Contract, and that the Lender shall incur no obligations whatsoever to the Authority
except as expressly provided herein.
6. Notice from Authority; Lender Cure Rights. So long as the Contract remains in
effect, the Authority agrees to give to the Lender copies of notices of any Event of Default given to
Redeveloper under the Contract and to afford Lender an opportunity to cure any such Event of
Default provided the Lender commences the cure within thirty (30) days after the expiration of any
cure period applicable to Redeveloper and thereafter diligently prosecutes such cure to completion.
7. Governing Law. This Agreement is made in and shall be construed in accordance
with the laws of the State of Minnesota.
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8. Successors. This Agreement and each and every covenant, agreement and other
provision hereof shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns, including any person who acquires title to the Property through
the Lender of a foreclosure of the Mortgage.
9. Severability. The unenforceability or invalidity of any provision hereof shall not
render any other provision or provisions herein contained unenforceable or invalid.
10. Notice. Any notices and other communications permitted or required by the
provisions of this Agreement shall be in writing and shall be deemed to have been properly given or
served by depositing the same with the United States Postal Service, or any official successor
thereto, designated as registered or certified mail, return receipt requested, bearing adequate
postage, or delivery by reputable private carrier and addresses as set forth above.
11. Transfer of Title to Lender. The Authority agrees that in the event the Lender, a
transferee of Lender, or a purchaser at foreclosure sale, acquires title to the Property pursuant to a
foreclosure, or a deed in lieu thereof, the Lender, transferee, or purchaser shall not be bound by the
terms and conditions of the Contract except as expressly herein provided. Further the Authority
agrees that in the event the Lender, a transferee of Lender, or a purchaser at foreclosure sale
acquires title to the Property pursuant to a foreclosure sale or a deed in lieu thereof, then the Lender,
transferee, or purchaser shall be entitled to all rights conferred upon the Redeveloper under the
Contract, provided that no condition of default exists and remains uncured beyond applicable cure
periods in the obligations of the Redeveloper under the Contract.
12. Estoppel. The Authority hereby represents and warrants to Lender, for the purpose
of inducing Lender to make advances to Redeveloper under the Loan Documents that:
(a) No default or event of default by Redeveloper exists under the terms of the Contract
on the date hereof;
(b) The Contract has not been amended or modified in any respect, nor has any material
provision thereof been waived by either the Authority or the Redeveloper, and the
Contract is in full force and effect;
(c) Such other reasonable certifications as the Lender may request.
13. Amendments. The Authority hereby represents and warrants to Lender for the
purpose of inducing Lender to make advances to Redeveloper under the Loan Documents that
Authority will not agree to any amendment or modification to the or any TIF Note issued under the
Contract that materially affects the collection of Available Tax Increment (as defined in the
Contract) in any way affects the Property without the Lender’s written consent.
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IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day
and year first written above.
ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ___________,
by _______________________ and ______________________ the President and Executive
Director, respectively, of the St. Louis Park Economic Development Authority, a public body
corporate and politic under the laws of the State of Minnesota, on behalf of such public body.
Notary Public
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[LENDER]
By:
Its
Economic Development Authority Meeting of December 7, 2015 (Item No. 7a)
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SCHEDULE F
PRO FORMA
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SCHEDULE G
SITE PLAN
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Economic Development Authority Meeting of December 7, 2015 (Item No. 7a)
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Economic Development Authority Meeting of December 7, 2015 (Item No. 7a)
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SCHEDULE H
ASSESSMENT AGREEMENT
_______________________________________________________________________________
ASSESSMENT AGREEMENT
and
ASSESSOR'S CERTIFICATION
By and Between
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY
and
4900 EXCELSIOR APARTMENTS LLC
This Document was drafted by:
KENNEDY & GRAVEN, Chartered
470 U.S. Bank Plaza
Minneapolis, Minnesota 55402
Economic Development Authority Meeting of December 7, 2015 (Item No. 7a)
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ASSESSMENT AGREEMENT
THIS AGREEMENT, made on or as of the ____ day of _________________, 2015, by and
between the St. Louis Park Economic Development Authority, a public body corporate and politic
under the laws of the State of Minnesota (the “Authority”) and 4900 Excelsior Apartments LLC, a
Minnesota limited liability company (the “Redeveloper”).
WITNESSETH, that
WHEREAS, on or before the date hereof the Authority and Redeveloper have entered into a
Purchase and Redevelopment Contract dated December 7, 2015 (the “Redevelopment Contract”),
pursuant to which the Authority is to facilitate development of certain property in the Authority of
St. Louis Park hereinafter referred to as the “Property” and legally described in Exhibit A hereto;
and
WHEREAS, pursuant to the Redevelopment Contract the Redeveloper is obligated to
construct certain improvements (the “Minimum Improvements”) upon the Property; and
WHEREAS, the Authority and Redeveloper desire to establish a minimum market value for
the Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota
Statutes, Section 469.177, Subdivision 8; and
WHEREAS, the Authority and the City Assessor (the “Assessor”) have reviewed the
preliminary plans and specifications for the improvements and have inspected such improvements;
NOW, THEREFORE, the parties to this Agreement, in consideration of the promises,
covenants and agreements made by each to the other, do hereby agree as follows:
1. The minimum market value which shall be assessed for ad valorem tax purposes for
the Property described in Exhibit A, together with the Minimum Improvements constructed thereon,
shall be $31,680,000.00 as of January 2, 2018 and as of each January 2 thereafter until termination
of this Agreement under Section 2 hereof. Nothing in this Agreement shall prevent Redeveloper
from challenging an assessment of the Property in excess of the minimum market value established
herein.
2. The minimum market value herein established shall be of no further force and effect
and this Agreement shall terminate on the earlier of the following: (a) The date of receipt by the
Authority of the final payment from Hennepin County of Tax Increments from the 4900 Excelsior
Tax Increment Financing District, or (b) the date when the Note, as defined in the Redevelopment
Contract, has been fully paid, defeased or terminated in accordance with its terms.
The event referred to in Section 2(b) of this Agreement shall be evidenced by a certificate or
affidavit executed by the Authority.
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3. This Agreement shall be promptly recorded by the Authority. The Redeveloper
shall pay all costs of recording.
4. Neither the preambles nor provisions of this Agreement are intended to, nor shall
they be construed as, modifying the terms of the Redevelopment Contract between the Authority
and the Redeveloper.
5. This Agreement shall inure to the benefit of and be binding upon the successors and
assigns of the parties.
6. Each of the parties has authority to enter into this Agreement and to take all actions
required of it, and has taken all actions necessary to authorize the execution and delivery of this
Agreement.
7. In the event any provision of this Agreement shall be held invalid and unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision hereof.
8. The parties hereto agree that they will, from time to time, execute, acknowledge and
deliver, or cause to be executed, acknowledged and delivered, such supplements, amendments and
modifications hereto, and such further instruments as may reasonably be required for correcting any
inadequate, or incorrect, or amended description of the Property or the Minimum Improvements or
for carrying out the expressed intention of this Agreement, including, without limitation, any further
instruments required to delete from the description of the Property such part or parts as may be
included within a separate assessment agreement.
9. Except as provided in Section 8 of this Agreement, this Agreement may not be
amended nor any of its terms modified except by a writing authorized and executed by all parties
hereto.
10. This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
11. This Agreement shall be governed by and construed in accordance with the laws of
the State of Minnesota.
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ST. LOUIS PARK ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________, 2015 by
____________________ and ___________________________, the President and Executive
Director of the St. Louis Park Economic Development Authority, a public body corporate and
politic under the laws of the State of Minnesota, on behalf of the Authority.
Notary Public
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4900 EXCELSIOR APARTMENTS LLC
By: _______________________________________
W. Dean Weidner, as Trustee of the
W. Dean Weidner Living Trust
Under Trust Agreement Dated October 23, 1998,
as amended, its Member
STATE OF WASHINGTON )
) SS.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ___ day of _____________,
2015, by W. Dean Weidner, as Trustee of the W. Dean Weidner Living Trust under Trust
Agreement Dated October 23, 1998, as amended, the Member of 4900 Excelsior Apartments, LLC,
a Minnesota limited liability company, on behalf of the company.
___________________________________ Notary Public
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CERTIFICATION BY CITY ASSESSOR
The undersigned, having reviewed the plans and specifications for the improvements to be
constructed and the market value assigned to the land upon which the improvements are to be
constructed, hereby certifies as follows: The undersigned Assessor, being legally responsible for
the assessment of the above described property, hereby certifies that the values assigned to the land
and improvements are reasonable.
City Assessor for the City of St. Louis Park
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ____________,
2015 by _____________________, the City Assessor of the City of St. Louis Park.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Charted (MNI)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A of ASSESSMENT AGREEMENT
Legal Description of Property
Economic Development Authority Meeting of December 7, 2015 (Item No. 7a)
Title: Purchase and Redevelopment Contract with 4900 Excelsior Apartments, LLC Page 89
Meeting: City Council
Meeting Date: December 7, 2015
Action Agenda Item: 2a
EXECUTIVE SUMMARY
TITLE: Introduction of New Community Emergency Response Team Members (CERT)
RECOMMENDED ACTION: The Fire Chief and CERT Team Leaders will be present to
introduce the newest members of the team. This will bring the total number of CERT members
to 21.
POLICY CONSIDERATION: Not applicable.
SUMMARY: The City has been working since late 2013 to create the process and
organizational structure to support the CERT Program. CERT, a FEMA (Federal Emergency
Management Agency) program supports the idea and importance of community volunteers and
citizen preparation. With the training this team has received they can now provide immediate
assistance to victims, organize volunteers, and to assist in the collection of information that will
allow professional responders the ability to better prioritize resources following a disaster. In
addition to disaster response, they represent an excellent resource for any community event
where volunteers are needed who can play multiple roles in the operation.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged
community.
SUPPORTING DOCUMENTS: Names of New Members
Prepared by: Steve Koering, Fire Chief
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 2a) Page 2
Title: Introduction of New Community Emergency Response Team Members (CERT)
Names of New CERT Members
Chelsea Adams
Barry Altman
Deb Bank
Alayna Charpentier
Kevin Curry
Jim Hagen
Rick Loveless
Kate MacDonald
Gerry Mortenson
Gary Schmidt
Kathryn Schmidt
Krista Skoglund
Joy Spear
Joe Stark
Sue Witt
Meeting: City Council
Meeting Date: December 7, 2015
Presentation: 2b
EXECUTIVE SUMMARY
TITLE: Recognition of Donations
RECOMMENDED ACTION: Mayor to announce and give thanks and appreciation for the
following donations being accepted at the meeting and listed on the Consent Agenda:
From Amount For
Solo Dock $100 Cobblecrest Neighborhood Association
Prepared by: Debbie Fischer, Administrative Services Office Assistant
Approved by: Tom Harmening, City Manager
Meeting: City Council
Meeting Date: December 7, 2015
Minutes: 3a
UNOFFICIAL MINUTES
SPECIAL CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
NOVEMBER 9, 2015
1. Call to Order
Mayor Pro Tem Lindberg called the meeting to order at 6:25 p.m.
Councilmembers present: Mayor Pro Tem Gregg Lindberg, Tim Brausen, Anne Mavity, Susan
Sanger, and Jake Spano.
Councilmembers absent: Mayor Jeff Jacobs, Councilmember Steve Hallfin.
Staff present: Deputy City Manager/Human Resources Director (Ms. Deno), Engineering
Director (Ms. Heiser), Director of Community Development (Mr. Locke), Planning/Zoning
Supervisor (Ms. McMonigal), City Assessor (Mr. Bultema), Economic Development
Coordinator (Mr. Hunt), Finance Manager (Mr. Swanson), Director of Operations & Recreation
(Ms. Walsh), Senior Planner (Mr. Walther), Communications Specialist (Ms. Pribbenow), and
Recording Secretary (Ms. Wirth).
Guests: None.
1a. Pledge of Allegiance
1b. Roll Call
2. Resolutions, Ordinances, Motions and Discussion Items
2a. Canvass Results of Municipal General Election Held on November 3, 2015.
Resolution No. 15-172
Ms. Deno presented the staff report. It was noted the municipal general election was held
on Tuesday, November 3, 2015, with 4,436 total ballots cast and a 14.9% turnout.
Candidates elected to office to four-year terms commencing the first regularly schedule
meeting of 2016 are as follows: Jake Spano (Mayor); Steve Hallfin (At Large A); and,
Thom Miller (At Large B).
It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to waive
the reading and adopt Resolution No. 15-172, Canvassing Election Returns of St. Louis
Park – November 3, 2015, Municipal General Election.
Councilmember Spano asked whether he needed to recuse himself from the vote as he
was on the ballot. Ms. Deno advised he does not.
The motion passed 5-0. (Mayor Jacobs and Councilmember Hallfin absent).
3. Adjournment
The meeting adjourned at 6:28 p.m.
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Gregg Lindberg, Mayor Pro Tem
Meeting: City Council
Meeting Date: December 7, 2015
Minutes: 3b
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
NOVEMBER 9, 2015
The meeting convened at 6:30 p.m.
Councilmembers present: Mayor Pro Tem Gregg Lindberg, Tim Brausen, Steve Hallfin, Anne
Mavity, Susan Sanger, and Jake Spano.
Councilmembers absent: Mayor Jeff Jacobs.
Staff present: Deputy City Manager/Human Resources Director (Ms. Deno), Engineering
Director (Ms. Heiser), Director of Community Development (Mr. Locke), Planning/Zoning
Supervisor (Ms. McMonigal), City Assessor (Mr. Bultema), Economic Development
Coordinator (Mr. Hunt), Finance Manager (Mr. Swanson), Director of Operations & Recreation
(Ms. Walsh), Senior Planner (Mr. Walther), Public Works Superintendent (Mr. Hanson);
Operations Manager (Mr. Stevens); Financial Supervisor (Mr. Heintz); Communications
Specialist (Ms. Pribbenow), and Recording Secretary (Ms. Wirth).
Guest: None
1. Future Study Session Agenda Planning – November 23, 2015
Ms. Deno presented the proposed Study Session agenda for November 23rd.
2. 2016 Budget Update
Ms. Deno introduced the topic and stated the Council requested to discuss the percentage for the
2016 levy. Council certified 6.5% as the preliminary levy, and staff provided detailed
information on both a 5.5% and 6% levy. This item was placed on the agenda by Council and is
open for discussion.
Councilmember Sanger stated she is comfortable with a 6% levy with the increment identified
for purposes that used to be subsidized by private activity revenue bonds.
Mr. Swanson explained how the Housing Rehabilitation Fund was used and staff’s
recommendation that the additional dollars be saved in that fund to address long-term
sustainability issues. He noted the funds can be reallocated, if needed, or used to finance a use
the Council deems more appropriate.
Councilmember Mavity supported a 6% levy and asked staff to make sure it is noted that the
additional .5% difference is equal to $1.37 per homeowner per month. Those additional dollars
will allow the City to take on a full range of additional items.
Councilmember Spano stated he supports staff’s recommendation and asked to also look at the
options for recycling/compost, increased marketing, or partnership opportunities.
City Council Meeting of December 7, 2015 (Item No. 3b) Page 2
Title: Study Session Minutes of November 9, 2015
Councilmember Brausen supported a 6% levy with the additional money placed in the Housing
Rehabilitation Fund and would support increased funding to take on additional housing projects.
Mayor Pro Tem Lindgren supported a 6% levy as it met the Council’s stated goals and
objectives.
It was the consensus of the Council to have staff present information for a 6% levy for 2016.
3. Monterey Drive / Excelsior Boulevard Area Traffic Study – Continued
Ms. Heiser presented the staff report and went over the additional analysis completed for
Alternative 6 (traffic signal with full access). Staff does not recommend this alternative because
it would result in significant Monterey Drive queuing and block the Excelsior
Boulevard/Monterey Drive intersection, conditions that do not exist today. She used a slide to
display the subject site and described traffic circulation and conditions, noting the Trader Joe’s
driveway would be blocked, even with a signal, due to wait times and lack of stacking distance.
Ms. Heiser answered questions of Councilmembers Mavity and Sanger relating to stacking
distance, frequency of cars blocking the Trader Joe’s driveway, and that combining the traffic
light and turn lane from Park Commons Drive to southbound Monterey Drive would reduce the
blocking of the Trader Joe’s driveway, but would backup traffic on Monterey into the Excelsior
intersection.
Ms. Heiser reviewed a list of intersections that experienced comparable delays for left turning
movements and associated level of service (how well the intersection is operating) for each. She
presented estimated costs for Alternative 1, no build, costing nothing; Alternative 2, side street
stop with full access and eastbound right turn lane, at $50,000 to $75,000 if the City has the
needed right-of-way; Alternative 3, side street stop with three-quarter access, at $25,000 to
$50,000; and, Alternative 6, traffic signal with full access, at $250,000 to $300,000.
Councilmember Hallfin brought up the need to address the sight distance issues that the ash trees
created. The Council agreed with Councilmember Hallfin on the need to address the sight lines.
The Council discussed the proposed 165-unit development and expressed concerns with assuring
adequate points of access so it does not create the same single-access problems as the Trader
Joe’s site. With regard to whether a developer can be required to contribute towards
infrastructure cost if that project adds to traffic woes, Mr. Walther stated that is an option if the
City can show in a traffic study that the project will contribute to the problem. In this case, the
only leg of the intersection negatively impacted (reduced level of service) is Park Commons
Drive.
Ms. Heiser stated staff looked at the Manual on Uniform Traffic Control Devices and addressed
the particulars to this corridor including level of traffic. Due to high traffic levels, it is not
recommended to install a marked pedestrian crossing of Monterey Drive at Park Commons Drive
unless it includes enhancements. She reviewed the traffic warrants to install a pedestrian
activated crossing and a traffic signal, noting the level of pedestrians is not met in current
conditions and that it is 200 feet from a controlled intersection. Because of those factors staff
recommended directing pedestrians to cross at that location.
City Council Meeting of December 7, 2015 (Item No. 3b) Page 3
Title: Study Session Minutes of November 9, 2015
Councilmember Mavity asked about the estimated level of pedestrians after development. Ms.
Heiser explained why it is difficult to estimate pedestrian counts.
Councilmember Sanger noted if people are afraid to walk in this busy area, pedestrian counts
will be low. She suggested asking how to enhance and make it more pedestrian-friendly to
increase pedestrian traffic, noting she thinks it will require a signalized intersection.
Councilmember Brausen stated if there is a signalized crossing 200 feet away, there is adequate
opportunity to walk that area in a safe manner. Councilmember Sanger stated even though there
is a pedestrian crossing within 200 feet, she still sees people dart across the street.
Councilmember Mavity stated if a crosswalk is not installed for Monterey Drive, she would
suggest considering creative streetscape design to visually and physically block pedestrians from
thinking they can cross there. In addition, the developer would have to design the building to
focus towards Excelsior Boulevard.
Ms. Heiser stated the next question relates to the proposed development not creating a sightline
issue and indicated there is adequate sight distance for cars exiting the development to see
pedestrians and bicyclists on Monterey Drive. She stated once the new development application
is received, staff will review to ensure that goal is met. Since staff recommends an on-street
five-foot bike lane, additional right-of-way was requested as part of the platting.
Ms. Heiser reviewed a list of other City streets with comparable volumes to 36½ Street, a two-
lane divided urban road with the capacity of 8,000 to 10,000 vehicles. Ms. Heiser stated if the
Council would like to move ahead with improvements at the Monterey Drive/Park Commons
Drive intersection, staff would recommend implementing Alternative 2 at some point in the
future. She stated it will reduce the delay for vehicles on the Park Commons Drive leg of the
intersection; reduce queues that block Trader Joe’s driveway; and does not create delay or
queuing at the other intersections studied.
Councilmember Mavity stated her first choice is a stop light, the pedestrian friendly choice that
creates a pedestrian friendly environment and prioritizes their safety. If Alternative 2 is
supported, it would reserve the ability for a more hands-on option in the future. She stated
before moving forward, she would want to see lane design, landscaping options, and cost
estimates to create visual and physical barriers to direct pedestrians to appropriate safe crossings.
Councilmember Brausen supported staff’s recommendation for Alternative 2, noting they are the
professionals in making appropriate traffic decisions and it addresses the immediate concern. He
stated if the Council wants to consider traffic signals based on low level of service, there are
more intersections in Ward 4. With regard to crosswalks, he felt it was difficult to control
pedestrian movements and even with a physical barrier, people will still dash across the street.
Ms. Heiser explained every intersection is a crosswalk and vehicles need to yield right of way to
pedestrians. However, study guidance shows that marked crosswalks have higher incidence of
accidents than unmarked crosswalks because pedestrians feel that is where they are encouraged
to cross and may not be not as careful, especially with a four-lane crossing that has no
enhancements. Councilmember Mavity stated because pedestrians are legally able to cross, she
supports adding a visual or physical barrier.
City Council Meeting of December 7, 2015 (Item No. 3b) Page 4
Title: Study Session Minutes of November 9, 2015
Councilmember Spano stated he liked the idea of visual barriers, whether decorative fencing or
planters. He supported Alternative 2 as it addresses the current concern without binding the
Council’s ‘hands’ in the future, is cost effective, and answers the original question the Council
asked staff to address.
Councilmember Sanger stated Alternative 2 is a good step in the right direction so she will
support it, but thinks it is not sufficient and will not preclude installing a traffic light. She stated,
to be clear, a right lane on Park Commons Drive to turn southbound does nothing to address
traffic from the future development on the east side of the road so it ‘kicks the can down the
road.’
Councilmember Hallfin stated he also thinks Alternative 2 is a reasonable approach if the sight
line is addressed. He encouraged the Council and staff to push the developer to find other
avenues in and out of that site. Councilmember Hallfin stated he does not support restricting the
left turn at this point. With regard to pedestrians, he agreed with Councilmember Brausen that
the marked crosswalk is clearly defined and only 200 feet away.
Councilmember Mavity stated when the Council asked for this, it was also to address the
proposed development so it does not impact traffic flow on other streets. She supported asking
the developer for other points of access, noting if directed to 36½ Street, it has to be restudied
and another conversation held. Councilmember Hallfin agreed the developer needs access onto
Excelsior Boulevard or Kipling Avenue.
Mayor Pro Tem Lindgren agreed with the importance of addressing how traffic is managed as
the development proposal may impact the northern traffic. He supported Alternative 2 at this
point as it solves the current problem and he relies on staff’s professional recommendation.
Councilmember Spano stated for traffic heading south and east, up the hill towards this
intersection, whatever is done for pedestrians has to be more than a marked crosswalk because
drivers cannot view the pavement markings from that direction.
Ms. Deno stated staff will move forward with further analysis on Alternative 2, sight lines,
pedestrian movements, future consideration with signalization, and the proposed development.
4. Assessment Policies
Ms. Heiser presented the staff report and the Special Assessment Policy. She reviewed the State
Statutes for special assessments, noting the amount charged is required to have a direct benefit
(increase in market value) to the property assessed for the improvement. She explained what is
considered in the special benefit test and process required to approve an assessed project either
initiated by petition or by the City Council, and the public hearing processes, as outlined in
Minnesota Statute Chapter 429.
The Council discussed the process for property owners to initiate a public improvement project
(streets, sidewalks) and required percentage of signatures. Ms. Heiser explained State law
requires a petition signed by 35% of the property owners to start the process and not require
approval by a super majority of the Council. The City’s policy is to require a petition signed by
51% of the property owners, and she recommended removing the requirement so it was
consistent with statutory language.
City Council Meeting of December 7, 2015 (Item No. 3b) Page 5
Title: Study Session Minutes of November 9, 2015
Ms. Heiser completed presentation of the process followed to order a feasibility report, hold a
public hearing, and approve an improvement project, noting additional steps prescribed when the
project is assessed. Once approved, benefitting property owners can pay the assessment in full
within 30 days; with property taxes over a set period of time with interest; or, it could be
deferred for seniors and disabled citizens with a financial hardship. Mr. Heintz stated the
deferral would require an application and meeting income thresholds. Ms. Heiser presented the
list of improvements that have historically used the special assessment process and described
how each had been funded in addition to special assessments.
Ms. Heiser stated franchise fees of $2.5 million are received annually and generally used on
residential streets. Since 66% of the franchise fees are generated from residential users, staff
recommends assessing 25% of the cost per unit for unimproved roads with the franchise fee
paying the rest of the cost. With commercial/industrial, past practice has been to assess 100% of
the project cost. Since 33% of the franchise fees are generated from commercial/industrial users,
staff recommends the City participate in 50% of the cost.
Ms. Heiser reviewed the locations of the City’s one mile of unimproved streets. As a
comparison between the proposed formula and existing formula for residential assessments, Ms.
Heiser used Cavell Avenue. She stated the assessments ranged from $2,500 to $7,300,
depending on the size of property. With the proposed formula of assessing 25% of the cost, it
would range from $1,800 to $7,250. Councilmember Spano asked if the proposed formula
would be sustainable. Mr. Heintz stated it was not sustainable, adding staff needs to continue to
look at that issue. Ms. Heiser explained that $1.4 million in costs have been identified to
improve the one mile of unimproved streets, meaning approximately $350,000 would be funded
using special assessments, so funding from franchise fees would be approximately $1 million.
Councilmember Sanger asked how much each property would be assessed for the unimproved
road construction. Ms. Heiser estimated about $3,200 for each property. With projects that have
public land on one side of the street, Ms. Heiser explained the City can assume responsibility for
its front footage or that cost can be included in the per unit assessment.
Councilmember Mavity asked how peer cities handle assessments. Ms. Heiser stated cities use
different percentages depending on available funding sources. The City of Edina assesses 60%
for residential road improvements and Bloomington assesses 25%.
Ms. Heiser described the location of the City’s 145 miles of improved streets and explained since
there has not been a project on a predominantly commercial/industrial roadway since the turn of
the Century, that infrastructure is beginning to deteriorate. She explained that staff has analyzed
the pavement condition rating and budget using the City’s Asset Management Program. The
goal of the Pavement Management Program is to keep the rating at 65- 70. The average is 59 at
this time. Staff is looking at funding options to rehabilitate the commercial/ industrial streets.
Councilmember Mavity stated her understanding that the City would use assessments for
sidewalks if they are not in the Comprehensive Plan or Master Sidewalk Plan,. She noted that
residents would have the opportunity to promote construction of sidewalks during the process to
update the Comprehensive Plan.
City Council Meeting of December 7, 2015 (Item No. 3b) Page 6
Title: Study Session Minutes of November 9, 2015
Councilmember Spano stated when considering ‘community good’ and the City paying for
things that benefit the entire community, he wondered if that conversation considered sidewalks
and/or streetlights that a neighborhood may want and are warranted. Ms. Heiser stated staff can
provide information on funding, noting it would be difficult to sustain.
Councilmember Mavity commented on the need to consider equity as some may have paid for
infrastructure when the home was purchased. Councilmember Sanger stated she does not know
that all improved roads were paid by the adjacent property owner. Ms. Heiser stated she can
look into that question. Councilmember Hallfin confirmed his parents were assessed in the 1970
timeframe for the street, curb, and gutter.
Councilmember Hallfin stated when discussing raising the franchise fee, one resident had asked
him about the maximum number. He noted that another funding avenue may need to be
considered. Councilmember Sanger stated she doesn’t get complaints about the franchise fee but
has heard support to build the cost into the property tax bill because in that way, it is a write off.
Ms. Deno stated future discussion will pertain to unimproved alleys, those that need
improvements, public parking lots, and options for planning and funding. Ms. Heiser stated staff
will also research the dollars needed, franchise fees, other funding options, and prioritization of
projects.
5. SWLRT Update – Joint Development
Mr. Locke presented the staff report and update on the Southwest Light Rail Transit (SWLRT)
Joint Development project being pursued at the Beltline LRT Station to integrate transit-oriented
development by building a parking ramp on a site that would otherwise be a surface parking lot.
Mr. Locke described the original vision to include both the Vision Bank site and the EDA-owned
parcel. But, as the project evolved, the park and ride was reduced so it is being discussed
whether the Joint Development should be on one or both properties. A key component is the $7
million CMAQ grant the City received for the parking ramp to make up a portion of the local
match in the spring of 2016. That grant was based on 541 stalls for the park and ride plus 200
stalls for other development. Another source of funds is tax increment from the private
development on the Joint Development site. He explained if the City does not participate with
Joint Development, it only receives the surface parking lot. If participating with Joint
Development, there would be structured parking with land freed for development.
Ms. McMonigal stated consultants were hired to prepare concept plans to get an idea of what it
would look like and what the development would cost. Mr. Locke stated what gets developed
will depend on the developer so concepts are being looked at to determine how much will fit on
the site. Ehlers will then do an analysis to determine how much increment will be generated.
Councilmember Mavity asked whether the concept design is bigger than what is being suggested.
Mr. Locke stated they are looking at massing and basic layout including both sites but the Joint
Development would be just the parcel the SWLRT project would purchase.
Councilmember Mavity noted 268 parking spaces is the minimum the Southwest Project Office
will require and while 541 spaces plus 200 spaces are being discussed, that is not what the
project requires. Ms. McMonigal stated that will be looked at as well as the potential for cost
savings by putting parking for both in the same ramp.
City Council Meeting of December 7, 2015 (Item No. 3b) Page 7
Title: Study Session Minutes of November 9, 2015
Councilmember Sanger felt the City would be better off building parking for a longer-term
perspective and significantly more than 286. She supports building for both parcels.
Councilmember Mavity agreed with the desire for a cohesive project but does not support
overbuilding for parking as she predicts cars will be used differently in the future. She stated
parking structures should be flat so it can be repurposed for housing or office use if not needed
for parking in the future.
With regard to the local match, Mr. Locke stated staff has indicated the City does not intend to
sell bonds for funding the Joint Development project. The City’s approach would be to create a
TIF District with a pay-as-you-go for the developer. Mr. Locke stated staff’s understanding is
that the Council would not want to spend any more dollars as a match for FTA funds than would
be generated from the CMAQ grant and tax increment.
Councilmember Sanger supported moving forward with both sites and asked who is responsible
for buying out Vision Bank. Mr. Locke answered it would be the responsibility of the
Metropolitan Council to purchase Vision Bank. He explained the goal is for Joint Development
to be built on the Vision Bank site before the construction would need to begin to create the
surface park and ride lot on the site. In that way, the dollars in the SWLRT budget for the park
and ride lot would be credited against the cost of constructing the Joint Development ramp and
other development cost.
Councilmember Mavity stated originally it was planned that Joint Development would be guided
by the form based code (FBC), which would allow a more open-ended approach to the
development concept for the site. It would allow a development concept based on what the
market brings. Mr. Locke explained some assumptions had to be made to determine the tax
increment that could be generated. Staff prefers business and office uses but the most likely
scenario is a modest amount of commercial with substantial housing. Another concept is “liner”
buildings, housing/office/commercial on the perimeter of the parking ramp to add ‘life’ to the
dead space of a ramp. It was noted that the City wants strong, walkable pedestrian space on the
street frontages, like along a boulevard, with buildings fronting on those streets.
Councilmember Brausen stated he supports the Joint Development and hopes it has a strong
affordable housing component, 20%-25%, as it is near the station and also encouraged
commercial space including fresh food options for those who use the train.
Councilmember Mavity agreed with moving forward, noting it is an opportunity to get more
project dollars as it will probably not stay at a surface parking lot. However, she does not
support maximizing parking beyond what the project requires.
It was the consensus of the City Council to move forward.
Communications/Meeting Check-In (Verbal)
Councilmember Mavity noted the Metro Cities meeting is coming up.
Councilmember Hallfin and Councilmember Brausen requested time at an upcoming Study
Session to report on the National League of Cities Congress they attended in Nashville.
City Council Meeting of December 7, 2015 (Item No. 3b) Page 8
Title: Study Session Minutes of November 9, 2015
Mr. Hunt stated an agreement has been reached with a single-family home developer to purchase
the Cedar Lake Road Apartment property and construct two homes. As a result, staff will be
presenting an extension agreement to construct those homes and consent to assign that obligation
to Lakewest Development, Inc. Mr. Hunt stated the intent was always to sell to a developer of
single-family homes and should the new entity not construct the homes, it would go back to the
original developer who would then need to find another entity.
The meeting adjourned at 9:03 p.m.
Written Reports provided and documented for recording purposes only:
6. Update on Redevelopment Contract with Cedar Lake Road Apartments, LLC
7. Marriott West Hotel
8. Burlington Northern Santa Fe (BNSF) Transport Update
9. Board and Commission Annual Meeting with Council Program
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Gregg Lindberg, Mayor Pro Tem
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4a
EXECUTIVE SUMMARY
TITLE: Approval of City Disbursements
RECOMMENDED ACTION: Motion to accept for filing City Disbursement Claims for the
period of October 24, 2015 through November 27, 2015.
POLICY CONSIDERATION: Does the City Council desire to approve City disbursements in
accordance with Section 6.11 – Disbursements – How Made, of the City’s Charter?
SUMMARY: The Accounting Division prepares this report on a monthly basis for the City
Council to review and approve. The attached reports show both City disbursements paid by
physical check and those by wire transfer or Automated Clearing House (ACH) when applicable.
FINANCIAL OR BUDGET CONSIDERATION: Review and approval of the information
follows the City’s Charter and provides another layer of oversight to further ensure fiscal
stewardship.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: City Disbursements
Prepared by: Connie Neubeck, Account Clerk
Reviewed by: Brian A. Swanson, Controller
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Amount
ObjectVendorBU Description
225.00ABDEL, MARK INSPECTIONS G & A CERTIFICATE OF COMPLIANCE
225.00
187.45ABERNATHY, LISA ORGANIZED REC G & A MILEAGE-PERSONAL CAR
187.45
218.00ABLE HOSE & RUBBER INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
218.00
85.37ABM EQUIPMENT & SUPPLY INC GENERAL FUND BALANCE SHEET INVENTORY
85.37
1,154.00ABRA MN ST LOUIS PARK UNINSURED LOSS G&A UNINSURED LOSS
1,154.00
175.95ABRAMSON, DAVID REFORESTATION FUND OTHER CONTRACTUAL SERVICES
175.95
450.00ACACIA ARCHITECTS LLC MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
450.00
72.20ACE SUPPLY CO FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIES
72.20
193.00ACOUSTICS ASSOCIATES INC MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
193.00
40,524.00ADVANCED DISPOSAL SERVICES SOLID WASTE COLLECTIONS YARD WASTE SERVICE
29,808.48SOLID WASTE DISPOSAL YARD WASTE SERVICE
70,332.48
1,608.63AIM ELECTRONICS ARENA MAINTENANCE MAINTENANCE
1,608.63
6,647.00AIRWATCH LLC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
6,647.00
100.00ALDERSGATE UNITED METHODIST CHURCH ADMINISTRATION G & A RENTAL BUILDINGS
100.00
1,500.00ALLDATAVEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPS
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 2
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ObjectVendorBU Description
1,500.00
5,996.50ALLIANCE MECH SRVCS INC FACILITIES MCTE G & A BUILDING MTCE SERVICE
6,915.50UNINSURED LOSS G&A UNINSURED LOSS
12,912.00
695.36AMERICAN STATE EQUIPMENT CO GENERAL FUND BALANCE SHEET INVENTORY
810.54GENERAL REPAIR EQUIPMENT MTCE SERVICE
1,505.90
450.82AMERICAN TIRE DISTRIBUTORS GENERAL FUND BALANCE SHEET INVENTORY
450.82
1,699.79ANCHOR PAPER CO COMM & MARKETING G & A OFFICE SUPPLIES
17.45-COMM & MARKETING G & A BANK CHARGES/CREDIT CD FEES
1,682.34
2,007.50ANCOM COMMUNICATIONS E-911 PROGRAM REPAIRS
373.00OPERATIONSRADIO COMMUNICATIONS
2,380.50
187.50ANDERSAND CORP TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
187.50
7,695.50ANDERSEN INC, EARL INSTALLATION OTHER IMPROVEMENT SUPPLIES
567.04SKATING RINK MAINTENANCE BLDG/STRUCTURE SUPPLIES
8,262.54
2,000.00ANDERSON RACE MANAGEMENT SPECIAL EVENTS OTHER CONTRACTUAL SERVICES
2,000.00
575.00APACOMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPS
270.00GENERAL INFORMATION SUBSCRIPTIONS/MEMBERSHIPS
845.00
1,118.02APACHE GROUP OF MINNESOTA PARK MAINTENANCE G & A GENERAL SUPPLIES
1,118.02
688.00APPLE INC SOLID WASTE G&A OTHER
688.00TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
1,376.00
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 3
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Amount
ObjectVendorBU Description
715.98ARAMARK UNIFORM SERVICES FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES
715.98
73.84ARCIT G & A EQUIPMENT MTCE SERVICE
217.95OPERATIONSOPERATIONAL SUPPLIES
291.79
1,050.00ARENA SERVICES & PRODUCTS ARENA MAINTENANCE BUILDING MTCE SERVICE
1,050.00
176.00ARROW LIFT GENERAL BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES
176.00
7,940.22ASET SUPPLY AND PAPER INC SOLID WASTE G&A OPERATIONAL SUPPLIES
7,940.22
574.47ASPEN EQUIPMENT CO GENERAL FUND BALANCE SHEET INVENTORY
574.47
1,149.05ASPEN MILLS OPERATIONS UNIFORMS
1,149.05
464.16AT&T MOBILITY CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT
464.16
1,625.25ATIR ELECTRIC CORPORATION FACILITIES MCTE G & A BUILDING MTCE SERVICE
626.42POLICE & FIRE PENSION G&A MACHINERY & AUTO EQUIPMENT
16,411.04MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
18,662.71
300.00AYERS, JOHANNA GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
300.00
192.22BACHMANSPARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI
105.00BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS
164.76WESTWOOD G & A LANDSCAPING MATERIALS
461.98
9,575.00BADGER STATE INSPECTION LLC WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI
9,575.00
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 4
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Amount
ObjectVendorBU Description
482.93BARKER, BOB COMPANY POLICE G & A SUBSISTENCE SUPPLIES
482.93
1,917.90BARNA, GUZY & STEFFEN LTD HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES
1,917.90
6,506.50BARR ENGINEERING CO STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
6,506.50
800.00BARTON SAND & GRAVEL CO PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES
800.00
1,330.00BATRES, JULIO SOCCER OTHER CONTRACTUAL SERVICES
1,330.00
9.99BATTERIES + BULBS POLICE G & A OPERATIONAL SUPPLIES
80.97WATER UTILITY G&A GENERAL SUPPLIES
101.40REC CENTER BUILDING GENERAL SUPPLIES
192.36
474.88BECKER ARENA PRODUCTS UNINSURED LOSS G&A UNINSURED LOSS
98.57ARENA MAINTENANCE GENERAL SUPPLIES
573.45
161.71BERSCHEID, GARY NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
161.71
203.82BETTY, MEGAN ICE RENTAL RENT REVENUE
203.82
10,000.00BNSF RAILWAY COMPANY GENERAL FUND BALANCE SHEET PREPAID EXPENSES
2,000.00PARK MAINTENANCE G & A OTHER CONTRACTUAL SERVICES
12,000.00
458.64BOHN WELDING INC SKATING RINK MAINTENANCE BLDG/STRUCTURE SUPPLIES
75.00ARENA MAINTENANCE EQUIPMENT MTCE SERVICE
533.64
12,446.00BOLTON & MENK INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
12,446.00
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 5
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Amount
ObjectVendorBU Description
9,820.00BORMANN CONSTRUCTION INC PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI
9,820.00
570.49BOUND TREE MEDICAL, LLC POLICE G & A OPERATIONAL SUPPLIES
570.49
317.45BOYER TRUCK PARTS GENERAL FUND BALANCE SHEET INVENTORY
317.45
250.00BRANDT, RICK WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
250.00
155.00BROADWAY AWARDS OPERATIONS GENERAL SUPPLIES
155.00
80.00BROOKLYN CENTER, CITY OF IT G & A TRAINING
80.00
50.00BROOKSIDE NEIGHBORHOOD NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
50.00
400.00BROOKVIEW GOLF COURSE SPECIAL PROGRAMS PROGRAM REVENUE
63.00SPECIAL EVENTS OTHER CONTRACTUAL SERVICES
190.00SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICES
653.00
600.00BROWNDALE NEIGHBORHOOD ASSOCIATION NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
600.00
149.12BUSCH SYSTEMS INT'L INC GENERAL BUILDING MAINTENANCE CLEANING/WASTE REMOVAL SUPPLY
149.12
50,800.00CALGON CARBON CORP REILLY BUDGET CLEANING/WASTE REMOVAL SUPPLY
50,800.00
9,486.93CAMPBELL KNUTSON PROF ASSOC ADMINISTRATION G & A LEGAL SERVICES
148.50ENGINEERING G & A LEGAL SERVICES
222.75CABLE TV G & A LEGAL SERVICES
142.00SIDEWALKS & TRAILS G & A LEGAL SERVICES
1,443.25STREET CAPITAL PROJ G & A LEGAL SERVICES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 6
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Amount
ObjectVendorBU Description
181.50WATER UTILITY G&A LEGAL SERVICES
2,648.25ENVIRONMENT & SUSTAINABILITY LEGAL SERVICES
14,273.18
65.89CAPITAL ONE COMMERCIAL WESTWOOD G & A GENERAL SUPPLIES
17.97FAMILY PROGRAMS GENERAL SUPPLIES
206.48HALLOWEEN PARTY GENERAL SUPPLIES
85.98HALLOWEEN PARTY CONCESSION SUPPLIES
376.32
200.00CARLSON, BRUCE GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
200.00
458.92CARPENTER, SCOTT BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALS
458.92
7.00CASTANEDA-PEDERSON, DAN IT G & A TRAINING
7.00
2,720.29CDW GOVERNMENT INC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
2,720.29
1,828.76CENTER ENERGY & ENVIRONMENT DISCOUNT LOAN PROGRAM OTHER CONTRACTUAL SERVICES
3,125.00MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICES
48,000.00TRANSFORMATION LOAN OTHER CONTRACTUAL SERVICES
1,540.00CES Resid Energy Conservation OTHER CONTRACTUAL SERVICES
54,493.76
1,249.28CENTERPOINT ENERGY FACILITY OPERATIONS HEATING GAS
2,384.46WATER UTILITY G&A HEATING GAS
94.26REILLY G & A HEATING GAS
37.45SEWER UTILITY G&A ELECTRIC SERVICE
94.86SEWER UTILITY G&A HEATING GAS
211.03PARK MAINTENANCE G & A HEATING GAS
33.89WESTWOOD G & A HEATING GAS
49.00NATURALIST PROGRAMMER HEATING GAS
4,154.23
7,410.67CENTERPOINT ENERGY SERVICES INC REC CENTER BUILDING HEATING GAS
7,410.67
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 7
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Amount
ObjectVendorBU Description
15,810.00CENTRAL PENSION FUND EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENT
15,810.00
790.00CENTURY COLLEGE OPERATIONS TRAINING
790.00
523.20CENTURY LINK CELLPHONES, IPADS, ETC.TELEPHONE
523.20
291.23CINTAS CORPORATION FACILITIES MCTE G & A OPERATIONAL SUPPLIES
143.31FACILITIES MCTE G & A OTHER CONTRACTUAL SERVICES
606.34VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES
1,040.88
55.90CITIZENS INDEPENDENT BANK GENERAL FUND BALANCE SHEET CLEARING ACCOUNT
89.79ADMINISTRATION G & A GENERAL SUPPLIES
520.00ADMINISTRATION G & A TRAINING
838.40ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
488.13ADMINISTRATION G & A MEETING EXPENSE
4.71HUMAN RESOURCES GENERAL SUPPLIES
89.58HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES
6.00HUMAN RESOURCES RECRUITMENT
22.28HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT
841.96HUMAN RESOURCES RECOGNITION
58.55HUMAN RESOURCES CITE
117.25HUMAN RESOURCES MEETING EXPENSE
271.27COMM & MARKETING G & A GENERAL SUPPLIES
90.00COMM & MARKETING G & A OTHER CONTRACTUAL SERVICES
313.05COMM & MARKETING G & A PRINTING & PUBLISHING
99.00COMM & MARKETING G & A SUBSCRIPTIONS/MEMBERSHIPS
285.50COMM & MARKETING G & A SEMINARS/CONFERENCES/PRESENTAT
212.15IT G & A GENERAL SUPPLIES
259.00IT G & A OFFICE EQUIPMENT
100.00IT G & A TRAINING
49.00POSTAL SERVICES POSTAGE
480.00ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS
267.00ASSESSING G & A SEMINARS/CONFERENCES/PRESENTAT
117.00ASSESSING G & A LICENSES
102.00FINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS
935.16COMM DEV PLANNING G & A TRAINING
415.99FACILITIES MCTE G & A GENERAL SUPPLIES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 8
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Amount
ObjectVendorBU Description
742.83FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIES
3,601.51FACILITIES MCTE G & A OFFICE EQUIPMENT
919.53FACILITIES MCTE G & A OTHER
481.99POLICE G & A OPERATIONAL SUPPLIES
4.27POLICE G & A BLDG/STRUCTURE SUPPLIES
63.93POLICE G & A POLICE EQUIPMENT
10.23POLICE G & A POSTAGE
165.38POLICE G & A EQUIPMENT MTCE SERVICE
4,708.05POLICE G & A SEMINARS/CONFERENCES/PRESENTAT
943.40POLICE G & A TRAVEL/MEETINGS
24.24POLICE G & A MEETING EXPENSE
11.20POLICE G & A BANK CHARGES/CREDIT CD FEES
346.13ERUTRAINING
48.89JOINT COMM POLICE PARTNERSHIP GENERAL SUPPLIES
58.86JOINT COMM POLICE PARTNERSHIP MEETING EXPENSE
253.66COMMUNICATIONS/GV REIMBURSEABL TRAVEL/MEETINGS
3.94OPERATIONSOFFICE SUPPLIES
1,350.30OPERATIONSGENERAL SUPPLIES
356.00OPERATIONSFIRE PREVENTION SUPPLIES
642.88OPERATIONSOPERATIONAL SUPPLIES
154.97OPERATIONSSMALL TOOLS
16.99OPERATIONSUNIFORMS
936.83OPERATIONSPROTECTIVE CLOTHING
82.38OPERATIONSREPAIRS
1,720.50OPERATIONSSUBSCRIPTIONS/MEMBERSHIPS
116.05OPERATIONSTRAINING
3,113.73OPERATIONSSEMINARS/CONFERENCES/PRESENTAT
619.92OPERATIONSEMERGENCY PREPAREDNESS
202.90INSPECTIONS G & A GENERAL SUPPLIES
1,484.23INSPECTIONS G & A TRAINING
690.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT
69.69PUBLIC WORKS OPS G & A EQUIPMENT PARTS
16.93TV PRODUCTION GENERAL SUPPLIES
75.02CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
2,620.30WATER UTILITY G&A TRAINING
280.94SEWER UTILITY G&A SEMINARS/CONFERENCES/PRESENTAT
120.00SEWER UTILITY G&A LICENSES
120.00ENVIRONMENT & SUSTAINABILITY SUBSCRIPTIONS/MEMBERSHIPS
22.09ENVIRONMENT & SUSTAINABILITY TRAINING
148.05TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
1,285.17MUNICIPAL BLDG OTHER CONTRACTUAL SERVICES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 9
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Amount
ObjectVendorBU Description
33.08ORGANIZED REC G & A GENERAL SUPPLIES
1,579.26ORGANIZED REC G & A TRAINING
24.12BASKETBALLGENERAL SUPPLIES
128.70VOLLEYBALLGENERAL SUPPLIES
1,372.12HOLIDAY PROGRAMS GENERAL SUPPLIES
508.80LITTLE TOT PLAYTIME GENERAL SUPPLIES
128.60PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES
302.00ENVIRONMENTAL G & A TRAINING
83.41WESTWOOD G & A GENERAL SUPPLIES
25.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPS
330.00WESTWOOD G & A TRAINING
696.36HALLOWEEN PARTY GENERAL SUPPLIES
395.28REC CENTER BUILDING GENERAL SUPPLIES
99.93REC CENTER BUILDING EQUIPMENT PARTS
1,765.85ARENA MAINTENANCE SEMINARS/CONFERENCES/PRESENTAT
3,418.00INSTRUCTIONAL SKATING LESSONS REFUNDS & REIMBURSEMENTS
263.70AQUATIC PARK G & A GENERAL SUPPLIES
150.00VEHICLE MAINTENANCE G&A TRAINING
35.00VEHICLE MAINTENANCE G&A MEETING EXPENSE
47,101.79
400.00CLAREY'S SAFETY EQUIPMENT INC OPERATIONS REPAIRS
400.00
17,254.34COLICH & ASSOCIATES ADMINISTRATION G & A LEGAL SERVICES
17,254.34
90.37COMCASTOPERATIONSEMERGENCY PREPAREDNESS
18.11OTHER CITY DEPARTMENTS OTHER CONTRACTUAL SERVICES
278.55WATER UTILITY G&A OTHER CONTRACTUAL SERVICES
13.59BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES
400.62
27,491.29COMMERCIAL ASPHALT COMPANY PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES
10,018.58PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI
428.65WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES
1,242.74PARK MAINTENANCE G & A OTHER IMPROVEMENT SUPPLIES
39,181.26
400.00COMMISSIONER OF TRANSPORTATION ENGINEERING G & A TRAINING
400.00
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 10
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Amount
ObjectVendorBU Description
15,243.25COMMUNITY ACTION PARTNERSHIP SUB HENN EMERGENCY REPAIR GRANT OTHER CONTRACTUAL SERVICES
15,243.25
271.25COOKE JP CO INSPECTIONS G & A PRINTING & PUBLISHING
271.25
60.00COPPA, RODGER OPERATIONS TRAINING
122.50OPERATIONSEMERGENCY PREPAREDNESS
182.50
7,085.00CORNERHOUSEGENERAL FUND BALANCE SHEET PREPAID EXPENSES
7,085.00
8,750.00CORNERSTONE ADVOCACY SERVICE POLICE G & A OTHER CONTRACTUAL SERVICES
8,750.00
55.00COSTCO WHOLESALE MEMBERSHIP POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS
55.00
475.00COURT SURFACES & REPAIR PARK GROUNDS MAINTENANCE OPERATIONAL SUPPLIES
475.00
16.36CREEKSIDE NEIGHBORHOOD ASSN NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
16.36
379.56CROSSTOWN MECHANICAL INC GENERAL BUILDING MAINTENANCE OFFICE EQUIPMENT
379.56
3,215.00CTCCABLE TV G & A OTHER CONTRACTUAL SERVICES
3,215.00
138.89CUB FOODS POLICE G & A SUBSISTENCE SUPPLIES
138.89
1,382.00CUSTOM PRODUCTS & SERVICES SSD 1 G&A OTHER CONTRACTUAL SERVICES
561.15SSD 2 G&A LANDSCAPING MATERIALS
1,065.00SSD 2 G&A OTHER CONTRACTUAL SERVICES
394.33SSD 3 G&A LANDSCAPING MATERIALS
947.00SSD 3 G&A OTHER CONTRACTUAL SERVICES
927.00SSD #4 G&A OTHER CONTRACTUAL SERVICES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 11
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Amount
ObjectVendorBU Description
493.13SSD #5 G&A LANDSCAPING MATERIALS
996.50SSD #5 G&A OTHER CONTRACTUAL SERVICES
1,224.00SSD #6 G&A OTHER CONTRACTUAL SERVICES
7,990.11
1,591.00D&B POWER ASSOCIATES INC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
1,591.00
3,371.80DAKOTA SUPPLY GROUP WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES
3,371.80
16,384.35DEPARTMENT OF MOTOR VEHICLES GENERAL FUND BALANCE SHEET INVENTORY
16,384.35
2,488.01DEPT EMPLOYMENT & ECONOMIC DEVELOPMENTEMPLOYEE FLEX SPEND G&A UNEMPLOYMENT
2,488.01
6,151.97DEPT LABOR & INDUSTRY INSPECTIONS G & A DUE TO OTHER GOVTS
6,151.97
294.60DEX MEDIA EAST LLC ENTERPRISE G & A ADVERTISING
294.60
241.00DEZURIK INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
241.00
290.14DILORENZO, KIRK POLICE G & A SEMINARS/CONFERENCES/PRESENTAT
290.14
112.18DISCOUNT STEEL INC PATCHING-PERMANENT EQUIPMENT PARTS
112.18
750.00DIVERSIFIED INSPECTIONS INC GENERAL FUND BALANCE SHEET INVENTORY
750.00
262.50DJ ELECTRIC SERVICES INC REC CENTER BUILDING BUILDING MTCE SERVICE
262.50
194.94DO-GOOD.BIZ INC COMM & MARKETING G & A OTHER CONTRACTUAL SERVICES
1,872.14COMM & MARKETING G & A POSTAGE
213.33NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 12
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Amount
ObjectVendorBU Description
2,280.41
267.50DON'S RODENTS WESTWOOD G & A GENERAL SUPPLIES
267.50
300.00DORSCHNER, CASSIE OPERATIONS TRAINING
300.00
93.38DRENNEN, CASEY ARENA MAINTENANCE MILEAGE-PERSONAL CAR
93.38
360.47DRYWALL SUPPLY INC MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
360.47
5,220.81EAT ART LLC ADMINISTRATION G & A LIQUOR
5,220.81
1,109.86ECM PUBLISHERS INC ADMINISTRATION G & A LEGAL NOTICES
1,109.86
376.80ECOLAB INC OPERATIONS GENERAL SUPPLIES
376.80
1,653.89EDEN PRAIRIE WINLECTRIC DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES
1,653.89
499.00EDUCATION & TRAINING SERVICES ARENA MAINTENANCE SEMINARS/CONFERENCES/PRESENTAT
499.00
1,101.00EGAN COMPANIES INC FACILITIES MCTE G & A BUILDING MTCE SERVICE
10,311.93WATER UTILITY G&A EQUIPMENT MTCE SERVICE
11,412.93
2,531.25EHLERS & ASSOCIATES INC ESCROWS
4,780.002005A GO IMPROVEMENT BOND G&A OTHER CONTRACTUAL SERVICES
7,311.25
188.00ELDER-JONES BUILDING PERMIT SERVICES INC INSPECTIONS G & A BUILDING
188.00
2,436.79ELECTRIC PUMP INC UNINSURED LOSS G&A UNINSURED LOSS
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 13
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
2,436.79
267.92ELIOT VIEW NEIGHBORHOOD ASSN NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
267.92
183.74EMERGENCY APPARATUS MTNCE GENERAL FUND BALANCE SHEET INVENTORY
1,325.00PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICE
7,735.82GENERAL REPAIR EQUIPMENT MTCE SERVICE
9,244.56
19,012.80EMERGENCY AUTOMOTIVE TECHNOLOGIES INC GENERAL FUND BALANCE SHEET INVENTORY
19,012.80
59.11EMERGENCY RESPONSE SOLUTIONS OPERATIONS REPAIRS
59.11
450.00EMPLOYEE STRATEGIES INC ADMINISTRATION G & A TRAINING
922.50ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
1,372.50
3,000.00EPRGOPERATIONSEMERGENCY PREPAREDNESS
3,000.00
39.55ERICKSON, LEROY WATER UTILITY G&A MEETING EXPENSE
79.92WATER UTILITY G&A MILEAGE-PERSONAL CAR
119.47
1,055.35EXCELSIOR & GRAND LLC WATER UTILITY G&A GENERAL CUSTOMERS
1,055.35
75.26EXECUTIVE TITLE WATER UTILITY G&A GENERAL CUSTOMERS
75.26
130.70FACTORY MOTOR PARTS CO GENERAL FUND BALANCE SHEET INVENTORY
97.58PREVENTATIVE MAINTENANCE GENERAL SUPPLIES
62.85GENERAL REPAIR GENERAL SUPPLIES
291.13
734.37FAHEY, CHRISTOPHER NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
734.37
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 14
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
51.43FASTENAL COMPANY GENERAL FUND BALANCE SHEET INVENTORY
11.57FACILITIES MCTE G & A GENERAL SUPPLIES
63.00
532.69FELLER, MEG & BILL TREE INJECTION TREE MAINTENANCE
532.69
6,965.47-FERGUSON WATERWORKS WATER UTILITY BALANCE SHEET RETAINED PERCENTAGE
6,986.75WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
480,234.65WATER UTILITY G&A IMPROVEMENTS OTHER THAN BUILDI
480,255.93
328.19FERRELLGASARENA MAINTENANCE MOTOR FUELS
328.19
22,965.91FISCHER MINING LLC WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES
22,965.91
43.44FISCHER, LUKE WATER UTILITY G&A GENERAL CUSTOMERS
43.44
525.00FISCHLER & ASSOCIATES PA HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES
1,050.00POLICE G & A GENERAL PROFESSIONAL SERVICES
525.00COMMUNICATIONS/GV REIMBURSEABL GENERAL PROFESSIONAL SERVICES
2,100.00
2,128.00FLAGSHIP RECREATION LLC PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES
2,128.00
225.00FOERSTER, DEAN INSPECTIONS G & A CERTIFICATE OF COMPLIANCE
225.00
2,500.00FONDA, ADAM ESCROWS DEMO / BROOKSIDE TRAFFIC
2,500.00
7,900.00FRANKLIN PLUMBING, BENJAMIN SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE
7,900.00
81.47FRATTALLONE'S HARDWARE WATER UTILITY G&A GENERAL SUPPLIES
19.15VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
1.58GENERAL REPAIR GENERAL SUPPLIES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 15
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
102.20
77.75FREEDMAN, BREANNA HUMAN RIGHTS MEETING EXPENSE
77.75
449.00FUN2RAISE MARKETING AND EVENTS ORGANIZED REC G & A PRINTING & PUBLISHING
449.00
475.00GILBERTSON, MARK GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
475.00
3,936.26GLTC PREMIUM PAYMENTS EMPLOYEE FLEXIBLE SPENDING B/S LONG TERM CARE INSUR
3,936.26
1,252.00GOETSCH ASSOCIATES INC, WW SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE
1,252.00
510.45GOLDFARB, STEVEN TREE INJECTION TREE MAINTENANCE
510.45
220.00GOLDMARK PROPERTY MANAGEMENT INC GENERAL FUND BALANCE SHEET UNREALIZED REVENUE
220.00
3,675.00GOODPOINTE TECHNOLOGY PAVEMENT MANAGEMENT G&A GENERAL PROFESSIONAL SERVICES
3,675.00
1,695.05GOPHER STATE ONE-CALL INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
1,695.05
150.00GOVERNMENT FINANCE OFFICERS ASSOCIATIONFINANCE G & A SUBSCRIPTIONS/MEMBERSHIPS
150.00
347.04GRAINGER INC, WW GENERAL FUND BALANCE SHEET INVENTORY
592.31GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES
329.94GENERAL REPAIR GENERAL SUPPLIES
1,269.29
1,278.45GRANITE LEDGE ELECTRICAL CONTRACTORS DAMAGE REPAIR OTHER CONTRACTUAL SERVICES
1,278.45
775.26GREAT NORTHERN LANDSCAPES INC CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 16
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
775.26
414.00GREEN HORIZONS WEED CONTROL OTHER CONTRACTUAL SERVICES
414.00
212.63GREEN LIGHTS RECYCLING INC SOLID WASTE G&A OTHER CONTRACTUAL SERVICES
212.63
9,000.00GREEN LLC, HARRY ESCROWS PMC ESCROW
9,000.00
1,407.84GROUP HEALTH INC - WORKSITE EMPLOYEE FLEX SPEND G&A HEALTH INSURANCE
1,407.84
355.19GRUSSING, KATHERINE TREE INJECTION TREE MAINTENANCE
355.19
2,842.50H & L MESABI GENERAL FUND BALANCE SHEET INVENTORY
2,842.50
449.42HACH CO WATER UTILITY G&A GENERAL SUPPLIES
449.42
1,470.00HACHEM, DRISS SOCCER OTHER CONTRACTUAL SERVICES
1,470.00
1,756.61HALLFIN, STEVE ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
1,756.61
400.00HAMILTON, MIKE FOOTBALL OTHER CONTRACTUAL SERVICES
400.00
10,853.35HAWKINS INC WATER UTILITY G&A OPERATIONAL SUPPLIES
10,853.35
3,235.00HEALTHPARTNERSHUMAN RESOURCES RECRUITMENT
3,235.00
334.00HEDBERG SUPPLY STORM WATER UTILITY G&A EQUIPMENT PARTS
334.00
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 17
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
17.00HEDDLE, ALLEN IT G & A TRAINING
17.00
1,061.50HENNEPIN COUNTY HIA ADMIN OTHER CONTRACTUAL SERVICES
745.60SPEC ASSMT CONSTRUCTION OTHER CONTRACTUAL SERVICES
1,973.50WATER UTILITY G&A OTHER CONTRACTUAL SERVICES
92.50SEWER UTILITY BUDGET OTHER CONTRACTUAL SERVICES
3,873.10
46.00HENNEPIN COUNTY RESIDENT & REAL ESTATE ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS
46.00
550.00HENNEPIN COUNTY TREASURER IT G & A COMPUTER SERVICES
2,016.20POLICE G & A EQUIPMENT MTCE SERVICE
15,572.68POLICE G & A SUBSISTENCE SERVICE
64.80OPERATIONSRADIO COMMUNICATIONS
1,367.10OPERATIONSEMERGENCY PREPAREDNESS
224.24PARK MAINTENANCE G & A GARBAGE/REFUSE SERVICE
19,795.02
229,204.11HENRICKSEN PSG MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
229,204.11
6,395.00HIGHVIEW PLUMBING INC SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE
6,395.00
505.00HIT RESULTS FITNESS LLC OPERATIONS TRAINING
505.00
245.00HOEBELHEINRICH, ROBERT VARIANCES ZONING/SUBDIVISION
305.00SUBDIVISIONSZONING/SUBDIVISION
550.00
131.00HOLL-TEC INSPECTIONS G & A PLUMBING
131.00
888.16HOME DEPOT CREDIT SERVICES FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIES
37.73WIRING REPAIR OTHER IMPROVEMENT SUPPLIES
478.10WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
27.83SOLID WASTE G&A OPERATIONAL SUPPLIES
458.25MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 18
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
74.81PARK MAINTENANCE G & A SMALL TOOLS
40.14PARK MAINTENANCE G & A BLDG/STRUCTURE SUPPLIES
44.94SKATING RINK MAINTENANCE GENERAL SUPPLIES
397.45SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIES
258.56REC CENTER BUILDING GENERAL SUPPLIES
2,705.97
20,000.00HOMES WITHIN REACH HOUSING LAND TRUST OTHER CONTRACTUAL SERVICES
20,000.00
347.29HOTSY OF MN BLDG/GROUNDS OPS & MAINT BUILDING MTCE SERVICE
347.29
350.00HOWES, JEFFREY KICKBALL OTHER CONTRACTUAL SERVICES
350.00
175.00HOWES, JENNIFER KICKBALL OTHER CONTRACTUAL SERVICES
175.00
175.00HOWES, KRISTINE KICKBALL OTHER CONTRACTUAL SERVICES
175.00
1,474.00I.U.O.E. LOCAL NO 49 EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES
1,474.00
19.00IATNVEHICLE MAINTENANCE G&A SUBSCRIPTIONS/MEMBERSHIPS
19.00
673.67IMPACT PROVEN SOLUTIONS WATER UTILITY G&A POSTAGE
673.67SEWER UTILITY G&A POSTAGE
673.67SOLID WASTE COLLECTIONS POSTAGE
673.67STORM WATER UTILITY G&A POSTAGE
2,694.68
12.54INDELCOSNOW PLOWING EQUIPMENT PARTS
879.15WATER UTILITY G&A EQUIPMENT MTCE SERVICE
49.80GENERAL REPAIR BLDG/STRUCTURE SUPPLIES
941.49
225.00INFORMATION POLICY ANALYSIS CLERICAL TRAINING
225.00
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 19
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
2,297.79INTEGRA TELECOM IT G & A TELEPHONE
2,297.79
317.70INTL SECURITY PRODUCTS SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIES
317.70
255.00INTOXIMETERS INC POLICE G & A OPERATIONAL SUPPLIES
98.15POLICE G & A REPAIRS
353.15
504.11INVER GROVE FORD GENERAL FUND BALANCE SHEET INVENTORY
504.11
189,157.89I-STATE TRUCK CENTER GENERAL FUND BALANCE SHEET INVENTORY
189,157.89
159.90J & F REDDY RENTS ADMINISTRATION G & A RENTAL EQUIPMENT
159.90
1,140.00JEFFERSON FIRE & SAFETY INC OPERATIONS OPERATIONAL SUPPLIES
114.41OPERATIONSPROTECTIVE CLOTHING
1,254.41
83.95JERRY'S HARDWARE WATER UTILITY G&A EQUIPMENT PARTS
14.36PARK MAINTENANCE G & A GENERAL SUPPLIES
3.88PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
5.38IRRIGATION MAINTENANCE GENERAL SUPPLIES
14.65TREE MAINTENANCE GENERAL SUPPLIES
26.98TREE MAINTENANCE SMALL TOOLS
12.93GENERAL REPAIR GENERAL SUPPLIES
162.13
1,602.00JOBS FOUNDATION/TECH DUMP SOLID WASTE COLLECTIONS OTHER CONTRACTUAL SERVICES
1,602.00
1,000.00JOHNSON, BRIAN ESCROWS PMC ESCROW
1,000.00
225.00JOHNSON, SUSAN KICKBALL OTHER CONTRACTUAL SERVICES
225.00
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 20
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
559.80JRK SEED & SURG SUPPLY PARK GROUNDS MAINTENANCE LANDSCAPING MATERIALS
559.80
754.62KELLER, JASMINE Z EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS
754.62
30.15KELLEY, RYAN COMM DEV PLANNING G & A MEETING EXPENSE
58.24COMM DEV PLANNING G & A MILEAGE-PERSONAL CAR
88.39
111.00KENNEDY & GRAVEN ESCROWS ELIOT PARK
296.00ESCROWS
37.00ESCROWS
444.00
1,000.00KEYSTONE COMPENSATION GROUP LLC HUMAN RESOURCES GENERAL PROFESSIONAL SERVICES
1,000.00
87.50KIDCREATE STUDIO HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICES
195.00PRE-SCHOOL PROGRAMS OTHER CONTRACTUAL SERVICES
62.50LITTLE TOT PLAYTIME OTHER CONTRACTUAL SERVICES
345.00
50.00KOTTKE, KATHRYN WESTWOOD G & A PROGRAM REVENUE
50.00
150.00KRAMER MECHANICAL PLUMBING & HEATING WATER UTILITY G&A GENERAL CUSTOMERS
150.00
96.00KUSTOM SIGNALS INC POLICE G & A EQUIPMENT PARTS
96.00
245.00LAKE WEST DEVELOPMENT LLC VARIANCES ZONING/SUBDIVISION
245.00
250.00LALONDE, DONOVAN GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
250.00
96.90LARSON, JACQUELINE COMM & MARKETING G & A MILEAGE-PERSONAL CAR
96.90
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 21
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
160.25LARSON, JH CO FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIES
160.25
138.00LASER TECHNOLOGY INC POLICE G & A REPAIRS
138.00
1,750.40LAURIN, JOSEPH EMPLOYEE FLEX SPEND G&A TUITION
1,750.40
2,472.05LAW ENFORCEMENT LABOR SERVICES INC EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES
2,472.05
341.00LAW ENFORCEMENT TARGETS INC RANGE OPERATIONAL SUPPLIES
341.00
90.80LAWSON PRODUCTS INC GENERAL REPAIR GENERAL SUPPLIES
90.80
43,495.34LEAGUE OF MINNESOTA CITIES EMPLOYEE FLEX SPEND G&A League of MN Cities dept'l exp
43,495.34
80.00LEAGUE OF MN CITIES ADMINISTRATION G & A SEMINARS/CONFERENCES/PRESENTAT
80.00
100.00LEHMAN, JESSICA GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
100.00
216.60LEICA GEOSYSTEMS INC ENGINEERING G & A OPERATIONAL SUPPLIES
216.60
253.87LEONARD, COLLEEN NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
253.87
4,720.00LEOTEK ELECTRONICS USA LLC PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI
4,720.00
2,224.52LETOURNEAU ELECTRIC INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
2,224.52
198.40LIBERTY ENVELOPE COMM & MARKETING G & A OFFICE SUPPLIES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 22
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
198.40
22.02LIBERTY TITLE WATER UTILITY G&A GENERAL CUSTOMERS
22.02
441.15LIGHTING PLASTICS OF MN INC SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES
441.15
3,552.43LINAEMPLOYEE FLEX SPEND G&A LONG TERM DISABILITY
3,552.43
50.00LISEC, TOM POLICE G & A TRAINING
50.00
1,287.90LITTLE FALLS MACHINE INC GENERAL FUND BALANCE SHEET INVENTORY
1,287.90
3,035.38LOCKRIDGE GRINDAL NAUEN PLLP REILLY G & A LEGAL SERVICES
3,035.38
706.99LOFFLER COMPANIES IT G & A OFFICE EQUIPMENT
706.99
32,866.43LOGISIT G & A COMPUTER SERVICES
14,963.25TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
47,829.68
10,000.00LTF CONSTRUCTION COMPANY LLC ESCROWS GENERAL
10,000.00
233,328.81MACQUEEN EQUIP CO GENERAL FUND BALANCE SHEET INVENTORY
2,045.31SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE
235,374.12
1,355.20MALONE, DANIEL ATHLETIC CAMPS OTHER CONTRACTUAL SERVICES
1,355.20
1,695.44MANAGED SERVICES INC WATER UTILITY G&A BUILDING MTCE SERVICE
1,695.44
28.21MANGUM, AGNES WATER UTILITY G&A GENERAL CUSTOMERS
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 23
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
28.21
21,721.25MANSFIELD OIL COMPANY GENERAL FUND BALANCE SHEET INVENTORY
21,721.25
524.25MARTENS, AFTON JOINT COMM POLICE PARTNERSHIP TRAINING
524.25
1,232.00MASTER TECHNOLOGY GROUP POLICE & FIRE PENSION G&A MACHINERY & AUTO EQUIPMENT
1,581.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
2,813.00
13,584.00MAVO SYSTEMS MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
13,584.00
1,858.94-MCCROSSAN INC, C S STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE
92,947.13CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
91,088.19
1,025.00MCGREGOR, ALISE COMPREHENSIVE PLANNING ZONING/SUBDIVISION
1,025.00ZONINGZONING/SUBDIVISION
2,050.00
426.24MCHUGH, JOHN T CABLE TV G & A NON-CAPITAL EQUIPMENT
426.24
5,000.00MCMANIGLE, DANA ESCROWS PMC ESCROW
5,000.00
794.66MCMONIGAL, MEG COMM DEV PLANNING G & A TRAINING
794.66
287.50MENA, TRACY GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
287.50
40.34MENARDSDAMAGE REPAIR SMALL TOOLS
9.99WATER UTILITY G&A GENERAL SUPPLIES
38.95PARK MAINTENANCE G & A GENERAL SUPPLIES
42.98PARK MAINTENANCE G & A OPERATIONAL SUPPLIES
18.17PARK MAINTENANCE G & A BLDG/STRUCTURE SUPPLIES
931.59SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 24
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
51.98BRICK HOUSE (1324)OTHER IMPROVEMENT SUPPLIES
178.12WESTWOOD G & A GENERAL SUPPLIES
110.04HALLOWEEN PARTY GENERAL SUPPLIES
1,422.16
1,340.00METRO VOLLEYBALL OFFICIALS VOLLEYBALL OTHER CONTRACTUAL SERVICES
1,340.00
9,840.60METROPOLITAN COUNCIL INSPECTIONS G & A DUE TO OTHER GOVTS
14,546.25REILLY BUDGET CLEANING/WASTE REMOVAL SERVICE
307,654.25SEWER UTILITY BALANCE SHEET PREPAID EXPENSES
332,041.10
2,132.00MHSRC/RANGE POLICE G & A TRAINING
2,132.00
113.96MICRO CENTER WATER UTILITY G&A GENERAL SUPPLIES
113.96
61,284.20MIDWAY FORD GENERAL FUND BALANCE SHEET INVENTORY
61,284.20
4,325.50MIDWEST AQUA CARE STORM WATER UTILITY G&A OTHER CONTRACTUAL SERVICES
4,325.50
17,805.50MIDWEST FENCE & MFG MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
17,805.50
10,161.67MILLER DUNWIDDIE ARCHITECTURE PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
10,161.67
511.20MINNEAPOLIS FINANCE DEPT PAWN FEES OTHER CONTRACTUAL SERVICES
511.20
281.87MINNEAPOLIS OXYGEN CO HOLIDAY PROGRAMS OTHER CONTRACTUAL SERVICES
281.87
214.00MINNEAPOLIS WINDOW SHADE CO FACILITIES MCTE G & A BUILDING MTCE SERVICE
214.00
149.07MINNESOTA BENEFIT ASSOC EMPLOYEE FLEXIBLE SPENDING B/S ACCRUED OTHER BENEFITS
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 25
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Amount
ObjectVendorBU Description
149.07
221.49MINNESOTA CHILD SUPPORT PYT CTR EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS
221.49
23.00MINNESOTA DEPT HEALTH WATER UTILITY G&A LICENSES
23.00
1,670.02MINNESOTA FIRE SVC CERT BD OPERATIONS TRAINING
1,670.02
3,885.60MINNESOTA PIPE & EQUIPMENT WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
3,885.60
23.00MINNESOTA POLLUTION CONTROL AGENCY SEWER UTILITY G&A LICENSES
23.00
250.00MINNESOTA RURAL WATER ASSOC WATER UTILITY G&A SUBSCRIPTIONS/MEMBERSHIPS
250.00
25.00MINNESOTA TROPHIES & GIFTS WESTWOOD G & A GENERAL SUPPLIES
25.00
525.20MINUTEMAN PRESS COMM & MARKETING G & A OFFICE SUPPLIES
282.00COMM & MARKETING G & A OTHER CONTRACTUAL SERVICES
807.20
5.58MINVALCO INC FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIES
77.25WATER UTILITY G&A OPERATIONAL SUPPLIES
82.83
120.00MN DEPT LABOR & INDUSTRY FACILITIES MCTE G & A LICENSES
60.00WATER UTILITY G&A LICENSES
140.00ARENA MAINTENANCE LICENSES
320.00
1,250.00MOBIUS INC HEALTH IN THE PARK INITIATIVE OTHER CONTRACTUAL SERVICES
1,250.00
577.35MORRIS, GLORIA TREE INJECTION TREE MAINTENANCE
577.35
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 26
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
3,106.00MORRISON & ASSOCIATES INC HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT
3,106.00
16,733.93MOSS & BARNETT FRANCHISE ADMINISTRATION OTHER CONTRACTUAL SERVICES
16,733.93
3,716.50MOTOROLADWI ENFORCEMENT POLICE EQUIPMENT
3,716.50
170.00MRPASOFTBALLOTHER CONTRACTUAL SERVICES
170.00
337.13MSC INDUSTRIAL SUPPLY CO.VEHICLE MAINTENANCE G&A SMALL TOOLS
337.13
1,587.06MTI DISTRIBUTING CO GENERAL FUND BALANCE SHEET INVENTORY
1,587.06
1,605.50MVTL LABORATORIES REILLY BUDGET OTHER CONTRACTUAL SERVICES
1,605.50
1,433.75MYHRE, JOHN EMPLOYEE FLEX SPEND G&A TUITION
1,433.75
1,176.41NAPA (GENUINE PARTS CO)GENERAL FUND BALANCE SHEET INVENTORY
751.84VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
149.64GENERAL REPAIR GENERAL SUPPLIES
2,077.89
240.00NATIVE PLANT NURSERY INC BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIES
240.00
569.10ND CHILD SUPPORT DIVISION EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTS
569.10
59.25NEP CORP VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
59.25
152.99NEW CONCEPTS WATER UTILITY G&A GENERAL CUSTOMERS
152.99
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 27
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
124.95NOKOMIS SHOE SHOP FACILITIES MCTE G & A OPERATIONAL SUPPLIES
124.95
25.24NORDRUM, ERIN POLICE G & A SEMINARS/CONFERENCES/PRESENTAT
25.24
10,920.00NORTH METRO COMPANIES CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
4,510.00BEAUTIFICATION / FLOWERS CLEANING/WASTE REMOVAL SERVICE
1,500.00WESTWOOD G & A LANDSCAPING MATERIALS
16,930.00
1,396.52NORTHLAND MECHANICAL CONTRACTORS INC FACILITIES MCTE G & A BUILDING MTCE SERVICE
1,396.52
21,638.16NYSTROM PUBLISHING COMM & MARKETING G & A PRINTING & PUBLISHING
21,638.16
661.09OAK KNOLL ANIMAL HOSPITAL POLICE G & A OTHER CONTRACTUAL SERVICES
661.09
1,000.00OAKWOODS PARTNERS ESCROWS PMC ESCROW
1,000.00
894.20OCCUPATIONAL DEVELOPMENT CENTER INC ENGINEERING G & A OPERATIONAL SUPPLIES
894.20
376.54OFFICE DEPOT HUMAN RESOURCES OFFICE SUPPLIES
52.71COMM & MARKETING G & A GENERAL SUPPLIES
50.70COMM & MARKETING G & A PRINTING & PUBLISHING
258.32ASSESSING G & A SUBSCRIPTIONS/MEMBERSHIPS
130.22FINANCE G & A OFFICE SUPPLIES
104.31GENERAL INFORMATION OFFICE SUPPLIES
569.19POLICE G & A OFFICE SUPPLIES
96.49POLICE G & A OPERATIONAL SUPPLIES
75.35OPERATIONSOFFICE SUPPLIES
383.93INSPECTIONS G & A GENERAL SUPPLIES
193.05PUBLIC WORKS G & A OFFICE SUPPLIES
86.19WATER UTILITY G&A OFFICE SUPPLIES
50.00ORGANIZED REC G & A GENERAL SUPPLIES
38.99GENERAL REPAIR OFFICE SUPPLIES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 28
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
2,465.99
407.00OFFICE TEAM COMM & MARKETING G & A SALARIES - TEMPORARY EMPLOYEES
407.00
260.00OHOTTO, JASON GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
260.00
15.00OKRENT, SUSAN WATER UTILITY G&A GENERAL CUSTOMERS
15.00
51.00ON SITE SANITATION HOUSING REHAB BALANCE SHEET CONTRACTS PAYABLE
318.75NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
101.00SOLID WASTE G&A OPERATIONAL SUPPLIES
3,711.93PORTABLE TOILETS/FIELD MAINT OTHER CONTRACTUAL SERVICES
199.00OFF-LEASH DOG PARK OTHER CONTRACTUAL SERVICES
222.25WESTWOOD G & A OTHER CONTRACTUAL SERVICES
4,603.93
500.00OST, ANDREW ESCROWS PMC ESCROW
500.00
437.50OTHOUDT, ANGIE GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
437.50
168.31OXYGEN SERVICE COMPANY INC OPERATIONS OPERATIONAL SUPPLIES
168.31
1,341.75PACE ANALYTICAL SERVICES INC REILLY BUDGET OTHER CONTRACTUAL SERVICES
1,341.75
322.50PAINTERS GEAR INC DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES
322.50
970.02PARK ADAM TRANSPORTATION HALLOWEEN PARTY OTHER CONTRACTUAL SERVICES
970.02
74,536.45-PARK CONSTRUCTION CO STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE
1,490,729.08CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
1,416,192.63
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 29
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
1,825.05PARK THEATER COMPANY NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICES
1,825.05
48.13PARKER, JON POLICE G & A MEETING EXPENSE
48.13
78,454.50PARSONS ELECTRIC PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
7,567.00TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
86,021.50
350.00PATRIOT DIAMOND INC PATCHING-PERMANENT SMALL TOOLS
350.00
175.00PERNSTEINER CREATIVE GROUP INC COMM & MARKETING G & A GENERAL PROFESSIONAL SERVICES
175.00
487.50PETERSON, BRUCE GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
487.50
17.00PETERSON, JOHN IT G & A TRAINING
17.00
375.00PETTERSON, ADAM GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
375.00
289.21PETTY CASH GENERAL FUND BALANCE SHEET CLEARING ACCOUNT
5.00POLICE G & A TRAVEL/MEETINGS
294.21
29.03PETTY CASH - WWNC WESTWOOD G & A GENERAL SUPPLIES
5.98FAMILY PROGRAMS GENERAL SUPPLIES
30.35HALLOWEEN PARTY GENERAL SUPPLIES
12.52HOME SCHOOL GENERAL SUPPLIES
77.88
16.00PIONEER RIM & WHEEL CO UNINSURED LOSS G&A UNINSURED LOSS
16.00
596.91PLASTIC BAGMART REC CENTER BUILDING GENERAL SUPPLIES
596.91
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 30
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
200.00POLICE EXECUTIVE RESEARCH FORUM POLICE G & A SUBSCRIPTIONS/MEMBERSHIPS
200.00
10,764.42POMP'S TIRE SERVICE INC GENERAL FUND BALANCE SHEET INVENTORY
10,764.42
90.42POOLER, AL REFORESTATION FUND OTHER CONTRACTUAL SERVICES
90.42
257.95POPP.COM INC PARK MAINTENANCE G & A TELEPHONE
257.95
180.00POST BOARD PATROL LICENSES
180.00
10,000.00POSTMASTERRESIDENTIAL/BUSINESS COMMUNIC POSTAGE
10,000.00
244.51PRAIRIE RESTORATIONS INC STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
141.00INVASIVE PLANT MGMT/RESTORATIO LANDSCAPING MATERIALS
385.51
150.56PRECISE MRM LLC PUBLIC WORKS OPS G & A TELEPHONE
150.55WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT
150.55SEWER UTILITY G&A MACHINERY & AUTO EQUIPMENT
150.56STORM WATER UTILITY G&A MACHINERY & AUTO EQUIPMENT
602.22
84.50PREMIUM WATERS INC OPERATIONS OPERATIONAL SUPPLIES
84.50
200.00PRINTERS SERVICE INC ARENA MAINTENANCE EQUIPMENT MTCE SERVICE
200.00
2,940.00PROFESSIONAL BEVERAGE SYSTEMS INC REC CENTER BUILDING MAINTENANCE
2,940.00
2,000.00PUBLIC TECHNOLOGY INSTITUTE CABLE TV G & A OTHER CONTRACTUAL SERVICES
2,000.00
271.74PUMP & METER SERVICE VEHICLE MAINTENANCE G&A GENERAL SUPPLIES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 31
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
271.74
225.00PURDY, ERIN INSPECTIONS G & A CERTIFICATE OF COMPLIANCE
225.00
4,344.02Q3 CONTRACTING SSD #4 G&A OTHER IMPROVEMENT SERVICE
48,103.20WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
1,476.00STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
53,923.22
214.31QUICKSILVER EXPRESS COURIER VEHICLE MAINTENANCE G&A POSTAGE
214.31
420.65R & R SPECIALTIES ARENA MAINTENANCE EQUIPMENT MTCE SERVICE
420.65
50.00RAINALDO, SCOTT GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
50.00
2,532.79RANDY'S SANITATION INC FACILITY OPERATIONS GARBAGE/REFUSE SERVICE
1,452.42REC CENTER BUILDING GARBAGE/REFUSE SERVICE
3,985.21
700.00RAPP LLC, CRAIG ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS
700.00
825.00REACHTECHNOLOGY REPLACEMENT POLICE EQUIPMENT
825.00
27.10REGENCY OFFICE PRODUCTS LLC POLICE G & A OFFICE SUPPLIES
12.95POLICE G & A OPERATIONAL SUPPLIES
40.05
395.00REGENTS OF THE UNIVERSITY OF MINNESOTA PUBLIC WORKS G & A TRAINING
490.00PUBLIC WORKS G & A SEMINARS/CONFERENCES/PRESENTAT
735.00ENGINEERING G & A SEMINARS/CONFERENCES/PRESENTAT
490.00PUBLIC WORKS OPS G & A SEMINARS/CONFERENCES/PRESENTAT
395.00WATER UTILITY G&A TRAINING
2,505.00
1,339.93REHRIG PACIFIC CO SOLID WASTE COLLECTIONS OTHER
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 32
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
1,339.93
178.00REINDERS INC TREE MAINTENANCE LANDSCAPING MATERIALS
178.00
710.40REVOLUTIONARY SPORTS LLC YOUTH PROGRAMS OTHER CONTRACTUAL SERVICES
710.40
275.00REYNOLDS, DEBORAH GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
275.00
174.62RICKSON, AMI NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
174.62
5,145.13RICOH USA INC IT G & A EQUIPMENT MTCE SERVICE
5,145.13
394.45ROCKET SOFTWARE INC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
394.45
1,000.00ROERING, CHRISTINE ESCROWS PMC ESCROW
1,000.00
250.00ROSS, ELIZABETH GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
250.00
3,725.00RUMORE, GINA CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
3,725.00
125.00SALA, GRANT INSPECTIONS G & A TRAINING
125.00
20.98SAM'S CLUB JOINT COMM POLICE PARTNERSHIP MEETING EXPENSE
259.60OPERATIONSOPERATIONAL SUPPLIES
134.74HOLIDAY PROGRAMS GENERAL SUPPLIES
548.24HALLOWEEN PARTY GENERAL SUPPLIES
135.90HALLOWEEN PARTY CONCESSION SUPPLIES
1,099.46
11,779.00SAVATREETREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICE
11,779.00
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 33
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
155.06SCHERER BROS. LUMBER CO.SKATING RINK MAINTENANCE BLDG/STRUCTURE SUPPLIES
2,232.16SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIES
2,387.22
32.00SCHMID, ALEX YOUTH PROGRAMS PROGRAM REVENUE
32.00
66,681.00SCHMITZ CONSTRUCTION CO LLC, J P WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
66,681.00
66.49SCHWAB, SARAH NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
66.49
3,520.91SEHSTREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
3,520.91
69.39SHRED-IT USA MINNEAPOLIS ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICES
21.40FINANCE G & A GENERAL PROFESSIONAL SERVICES
55.91POLICE G & A OTHER CONTRACTUAL SERVICES
11.18INSPECTIONS G & A GENERAL PROFESSIONAL SERVICES
64.05PARK AND REC G&A GENERAL PROFESSIONAL SERVICES
221.93
262.90SIDDIQUI, BILAL WATER UTILITY G&A GENERAL CUSTOMERS
262.90
2,960.00SIGN PRODUCERS INC FACILITIES MCTE G & A GENERAL SUPPLIES
3,525.00MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
6,485.00
1,193.00SIMPLEX GRINNELL REC CENTER BUILDING BUILDING MTCE SERVICE
1,193.00
1,000.00SINTA INVESTMENTS LLC ESCROWS PMC ESCROW
1,000.00
30.00SKALLET, DAVID INSPECTIONS G & A TRAINING
30.00
256.53SKELLY, GABRIEL NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 34
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
256.53
1,524.90SLP FF ASSOC IAFF LOCAL #993 EMPLOYEE FLEXIBLE SPENDING B/S UNION DUES
1,524.90
153.00SMITH, PERRY SOFTBALL OTHER CONTRACTUAL SERVICES
153.00
51.44SNUTTER, MARK WATER UTILITY G&A GENERAL CUSTOMERS
51.44
276.25SNYDER ELECTRIC PARK BUILDING MAINTENANCE OTHER IMPROVEMENT SUPPLIES
276.25
500.00SOIL OF THE SOUL SUMMER PLAYGROUNDS GENERAL SUPPLIES
500.00SUMMER PLAYGROUNDS OTHER CONTRACTUAL SERVICES
1,000.00BEAUTIFICATION / FLOWERS OTHER CONTRACTUAL SERVICES
2,000.00
1,440.92SPRINTIT G & A DATACOMMUNICATIONS
3,315.96CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT
4,756.88
129.58SPS COMPANIES INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
129.29REC CENTER BUILDING GENERAL SUPPLIES
258.87
2,346.69SRF CONSULTING GROUP INC ESCROWS GENERAL
4,099.07ENGINEERING G & A ENGINEERING SERVICES
6,445.76
100.00ST LOUIS PARK SUNRISE ROTARY COMM DEV PLANNING G & A SUBSCRIPTIONS/MEMBERSHIPS
100.00
183.30STAR TRIBUNE ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPS
183.30
547.97STATE FARM INSURANCE NEIGHBORHOOD ASSOCIATION GRANT PUBLIC LIABILITY INSURANCE
547.97
90.04STEBLAY, ANTHONY REFORESTATION FUND OTHER CONTRACTUAL SERVICES
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 35
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
90.04
4,732.52STEVENS ENGINEERS INC PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICES
4,732.52
3,750.00STONE ARCH ORGANIZATION DEVELOPMENT HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT
3,750.00
1,515.35STREICHER'S POLICE G & A POLICE EQUIPMENT
1,515.35
53,000.00STRUCTURES HARDSCAPES SPECIALISTS INC CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
53,000.00
40.00SUBURBAN ELECTRIC INSPECTIONS G & A ELECTRICAL
40.00
2,748.20SUBURBAN TIRE WHOLESALE GENERAL FUND BALANCE SHEET INVENTORY
2,748.20
16,573.69SUMMIT ENVIROSOLUTIONS INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
54,710.72REILLY BUDGET GENERAL PROFESSIONAL SERVICES
71,284.41
555.00SUMMIT FIRE PROTECTION GENERAL BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICES
555.00
245.00SUN CONTROL OF MINNESOTA INC MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
245.00
11,805.00SWAMP SYSTEMS LLC TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT
11,805.00
33,750.00TCF NATIONAL BANK ESCROWS GENERAL
33,750.00
113.52TELELANGUAGE INC ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES
113.52
256.07TENNANT SALES AND SERVICE CO.REC CENTER BUILDING EQUIPMENT MTCE SERVICE
256.07
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 36
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
74.50TERMINIX INT BRICK HOUSE (1324)BUILDING MTCE SERVICE
74.50WW RENTAL HOUSE (1322)BUILDING MTCE SERVICE
105.00REC CENTER BUILDING BUILDING MTCE SERVICE
254.00
189.00TESSMAN, ERIC INSPECTIONS G & A TRAINING
189.00
8.00TEXA TONKA TAILORING OPERATIONS GENERAL PROFESSIONAL SERVICES
8.00
382.50THOMPSON, JAMES SOFTBALL OTHER CONTRACTUAL SERVICES
382.50
291.74THOMSON REUTERS WEST PAYMENT CENTER POLICE G & A OTHER CONTRACTUAL SERVICES
291.74
4,500.00THON, STEPHEN ESCROWS PMC ESCROW
4,500.00
1,621.26TIMESAVER OFF SITE SECRETARIAL ADMINISTRATION G & A OTHER CONTRACTUAL SERVICES
1,621.26
250.00TITLE SMART INC WATER UTILITY G&A GENERAL CUSTOMERS
250.00
6,317.52TKDAWATER UTILITY G&A GENERAL PROFESSIONAL SERVICES
6,317.52
28,650.00TOWN & COUNTRY FENCE INC MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI
28,650.00
1,404.00-TRAFFIC CONTROL CORP RELAMPING OTHER IMPROVEMENT SUPPLIES
1,085.00SYSTEM REPAIR OTHER IMPROVEMENT SUPPLIES
600.00SYSTEM REPAIR OTHER CONTRACTUAL SERVICES
281.00
457.54TRI STATE BOBCAT GENERAL FUND BALANCE SHEET INVENTORY
457.54
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 37
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
300.00TWIN CITIES SIGN INSTALLATIONS SSD 1 G&A OTHER CONTRACTUAL SERVICES
250.00SSD 2 G&A OTHER CONTRACTUAL SERVICES
200.00SSD 3 G&A OTHER CONTRACTUAL SERVICES
150.00SSD #4 G&A OTHER CONTRACTUAL SERVICES
1,000.00SSD #6 G&A OTHER CONTRACTUAL SERVICES
1,900.00
132.00TWIN CITY FIREPLACE INSPECTIONS G & A MECHANICAL
132.00
412.70TWIN CITY GARAGE DOOR CO GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICE
412.70
300.00TWIN CITY SCALE CO INC SOLID WASTE G&A OTHER
300.00
720.00UHL CO INC COP SHOP OTHER CONTRACTUAL SERVICES
1,076.12PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES
1,796.12
133.67ULINEPREVENTATIVE MAINTENANCE GENERAL SUPPLIES
133.67
1,854.60UNIFORMS UNLIMITED (PD)SUPERVISORY OPERATIONAL SUPPLIES
959.61PATROLOPERATIONAL SUPPLIES
2,814.21
474.00UNITED WAY OF MINNEAPOLIS AREA EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAY
474.00
420.00UNO DOS TRES COMMUNICATIONS POLICE G & A OTHER CONTRACTUAL SERVICES
420.00
100.00UNTIEDT'S VEGETABLE FARM INC HALLOWEEN PARTY GENERAL SUPPLIES
100.00
9.33UPS STORE VEHICLE MAINTENANCE G&A POSTAGE
9.33
761.85VAIL, LORI HUMAN RESOURCES RECOGNITION
761.85
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 38
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
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Amount
ObjectVendorBU Description
40,000.00VALLEY PAVING INC STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGE
45,994.52CONSTRUCTION MATERIAL OTHER CONTRACTUAL SERVICES
85,994.52
25,380.98VALLEY-RICH CO INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
25,380.98
77.05VAUGHAN, JIM ENVIRONMENTAL G & A MILEAGE-PERSONAL CAR
77.05
80.00VERIFIED CREDENTIALS HUMAN RESOURCES RECRUITMENT
80.00
50.04VERIZON WIRELESS SEWER UTILITY G&A TELEPHONE
11,183.87CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT
74.54CELLPHONES, IPADS, ETC.TELEPHONE
11,308.45
25.00VERMONT SYSTEMS INC ORGANIZED REC G & A TRAINING
25.00
654.90VESSCO INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
654.90
455.00VIKING AUTOMATIC SPRINKLER REC CENTER BUILDING MAINTENANCE
455.00
126.26VIKING ELECTRIC SUPPLY PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIES
126.26
261.41VIKING INDUSTRIAL CTR WATER UTILITY G&A GENERAL SUPPLIES
261.41
262.50VINSON, KATHY GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
262.50
11.00VOLUNTEER FIREFIGHTERS' BENEFIT ASSN MN OPERATIONS SUBSCRIPTIONS/MEMBERSHIPS
11.00
9,900.00WALKER PARKING CONSULTANTS ESCROWS GENERAL
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 39
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
39Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
11/27/201510/24/2015 -
Amount
ObjectVendorBU Description
9,900.00
138.08WASTE MANAGEMENT OF WI-MN SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES
1,369.01-SOLID WASTE G&A GENERAL CUSTOMERS
128,934.75SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE
64,179.99SOLID WASTE COLLECTIONS RECYCLING SERVICE
62,219.71SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE
254,103.52
1,447.63WATER CONSERVATION SERVICE INC WATER UTILITY G&A OTHER IMPROVEMENT SERVICE
1,447.63
258.51WATERMARK TITLE AGENCY WATER UTILITY G&A GENERAL CUSTOMERS
258.51
143.34WENDEL SGN ARCHITECTURE INC REC CENTER BUILDING GENERAL SUPPLIES
143.34
315.29WESTWOOD HILLS NEIGHBORHOOD ASSN NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICES
315.29
561.00WHITE, BRIAN SOFTBALL OTHER CONTRACTUAL SERVICES
561.00
41.98WHITE, PERRY PUBLIC WORKS G & A MILEAGE-PERSONAL CAR
41.98
87.40WODTKE, RON WESTWOOD G & A MILEAGE-PERSONAL CAR
87.40
275.00WOLFE, GLORIA GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICES
275.00
1,229.37WOLFF, JOHN OPERATIONS SEMINARS/CONFERENCES/PRESENTAT
1,229.37
30.00WRAP CITY GRAPHICS BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIES
30.00
8,754.50WSB ASSOC INC STREET CAPITAL PROJ G & A GENERAL PROFESSIONAL SERVICES
8,754.50
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 40
11/30/2015CITY OF ST LOUIS PARK 6:48:45R55CKS2 LOGIS400V
40Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
11/27/201510/24/2015 -
Amount
ObjectVendorBU Description
13,546.81XCEL ENERGY GENERAL BUILDING MAINTENANCE ELECTRIC SERVICE
22.77OPERATIONSEMERGENCY PREPAREDNESS
24,604.12PUBLIC WORKS OPS G & A ELECTRIC SERVICE
24,379.56WATER UTILITY G&A ELECTRIC SERVICE
1,859.81REILLY BUDGET ELECTRIC SERVICE
3,201.50SEWER UTILITY G&A ELECTRIC SERVICE
1,271.63STORM WATER UTILITY G&A ELECTRIC SERVICE
4,957.15PARK MAINTENANCE G & A ELECTRIC SERVICE
26.31BRICK HOUSE (1324)ELECTRIC SERVICE
52.68WW RENTAL HOUSE (1322)ELECTRIC SERVICE
607.35WESTWOOD G & A ELECTRIC SERVICE
16,321.54REC CENTER BUILDING ELECTRIC SERVICE
90,851.23
12,161.96Z SYSTEMS INC TV PRODUCTION MACHINERY & AUTO EQUIPMENT
12,161.96
510.32ZIEGLER INC GENERAL FUND BALANCE SHEET INVENTORY
167.14GENERAL REPAIR GENERAL SUPPLIES
4,364.96GENERAL REPAIR EQUIPMENT MTCE SERVICE
5,042.42
200.00ZIEGLER, KRISTOPHER LIFEGUARDING TRAINING
200.00
158.26ZIP PRINTING ROUTINE MAINTENANCE OFFICE SUPPLIES
158.26WATER UTILITY G&A OFFICE SUPPLIES
158.27PARK MAINTENANCE G & A OFFICE SUPPLIES
474.79
2,975.00ZUERCHER TECHNOLOGIES LLC POLICE & FIRE PENSION G&A MACHINERY & AUTO EQUIPMENT
2,975.00
Report Totals 5,166,062.51
City Council Meeting of December 7, 2015 (Item No. 4a)
Title: Approval of City Disbursements Page 41
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4b
EXECUTIVE SUMMARY
TITLE: Worker’s Compensation Insurance Renewal
RECOMMENDED ACTION: Motion to Adopt Resolution authorizing Worker’s
Compensation insurance renewal effective December 1, 2015 and ongoing.
POLICY CONSIDERATION: Does Council wish to approve continuing worker’s
compensation insurance through the League of MN Cities Insurance Trust (LMCIT) on an
ongoing basis?
SUMMARY: From 1993 to 2003, the City was self-insured and used Sedgwick Claims
Management to administer our claims. Claim administration of the old self-insured claims was
transferred to LMCIT in 2014. These funds are included in the 2016 budget.
Beginning December 1, 2003, Council approved participation with LMCIT for fully insured
Worker’s Compensation coverage. LMCIT has provided us with the following renewal quote for
the new contract year:
Current Renewal Change
12/1/14 – 11/30/15 12/1/15 – 11/30/16
$452,537 $465,992 +3%
The premium is based on estimated payroll and our experience modification factor (review of
claims activity) of .70. An experience factor above 1.0 indicates we need to pay more due to
previous years of high claim activity. Our 2016 experience modification factor is based on
claims from 2011, 2012, and 2013. This shows we had a low number of claims in those years.
Staff also recommends continuing to use LMCIT to provide worker’s compensation coverage for
our volunteers at an annual cost of approximately $2,000.
Approval of this resolution will authorize staff to continue to work with LMCIT in subsequent
years to secure worker’s compensation coverage for all eligible staff.
FINANCIAL OR BUDGET CONSIDERATION: Funds for fully-insured worker’s
compensation coverage are included in the 2016 budget and are charged back to departments.
Funds for administration of old self-insured claims are also included in the 2016 budget.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Resolution
Prepared by: Lori Vail, HR Technician
Reviewed by: Nancy Deno, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 4b) Page 2
Title: Worker’s Compensation Insurance Renewal
RESOLUTION NO. 15-___
RESOLUTION OF THE
CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA,
APPROVING CONTINUED PARTICIPATION IN THE
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT)
WORKER’S COMPENSATION PROGRAM
WHEREAS, the City Council wishes to adopt Worker’s Compensation coverage and
programs to limit liability to the City of St. Louis Park;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis
Park, Minnesota hereby approves continued coverage with the League of MN Cities Insurance
Trust for Worker’s Compensation coverage effective December 1, 2015 and going forward in
subsequent years.
Reviewed for Administration: Adopted by the City Council December 7, 2015
City Manager Mayor
Attest:
City Clerk
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4c
EXECUTIVE SUMMARY
TITLE: Amendment to Agreement with St. Louis Park Hockey Association – Outdoor
Refrigerated Ice Project
RECOMMENDED ACTION: Motion to adopt the amendment to the agreement with the St.
Louis Park Hockey Association for its contribution to the construction of an outdoor refrigerated
ice rink.
POLICY CONSIDERATION: Does the City Council wish to approve the amendment to the
agreement with the St. Louis Park Hockey Association for contributions to the outdoor
refrigerated ice rink?
SUMMARY: The City currently has an agreement with the St. Louis Park Hockey Association
(SLPHA) for their financial commitment to the outdoor rink project. SLPHA has pledged to
contribute $1.5 million towards the project, $300,000 of which has already been received. As a
result of a delay in the overall timeline for the project, there are two dates in the original
agreement that need to be amended. The amended dates are identified below:
1. Item #1 Contingency. New language shall read, “This agreement is contingent upon the City
approving the Project by March 2, 2016.
2. Item a #3. New language shall read …”in twelve (12) annual payments of at least $100,000
commencing prior to June 30, 2016 and annually thereafter in two installments of at least
$50,000 each on or before June 30 and December 31 of each subsequent year until a total of
$1.25 million has been paid.”
FINANCIAL OR BUDGET CONSIDERATION: Thus far the SLPHA has provided $300,000
of its $1.5 million pledge/commitment to the project. The SLPHA has informed staff that they
will be making a contribution towards their commitment to the project prior to the end of 2015,
even though this would not be required with the requested amendments to this agreement.
VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged
community.
SUPPORTING DOCUMENTS: SLPHA Outdoor Rink Contribution Agreement
Amendment to the SLPHA Contribution Agreement
Prepared by: Jason Eisold, Rec Center Manager
Reviewed by: Cindy Walsh, Director of Operations and Recreation
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 4c) Title: Amendment to Agreement with St. Louis Park Hockey Association – Outdoor Refrigerated Ice ProjectPage 2
City Council Meeting of December 7, 2015 (Item No. 4c) Title: Amendment to Agreement with St. Louis Park Hockey Association – Outdoor Refrigerated Ice ProjectPage 3
City Council Meeting of December 7, 2015 (Item No. 4c) Title: Amendment to Agreement with St. Louis Park Hockey Association – Outdoor Refrigerated Ice ProjectPage 4
City Council Meeting of December 7, 2015 (Item No. 4c) Title: Amendment to Agreement with St. Louis Park Hockey Association – Outdoor Refrigerated Ice ProjectPage 5
City Council Meeting of December 7, 2015 (Item No. 4c) Title: Amendment to Agreement with St. Louis Park Hockey Association – Outdoor Refrigerated Ice ProjectPage 6
AMENDMENT TO AGREEMENT
FOR
ANNUAL CONTRIBUTIONS FOR THE OUTDOOR ICE RINK
1. The Agreement for annual contributions toward the construction of the outdoor ice rink
between the City of St. Louis Park and the St. Louis Park Hockey Association dated
October 6, 2015 and identified as Contract No. 124-15 is hereby amended to edit the
following areas of the agreement:
A. Item #1 Contingency. New language shall read, “This agreement is contingent
upon the City approving the Project by March 2, 2016.
B. Item a #3. New language shall read …”in twelve (12) annual payments of at least
$100,000 commencing prior to June 30, 2016 and annually thereafter in two
installments of at least $50,000 each on or before June 30 and December 31 of
each subsequent year until a total of $1.25 million has been paid.”
2. All other provisions of the Agreement shall remain in full force and effect.
This Agreement has been executed by and between the parties this 8th day of December, 2015.
CITY OF ST. LOUIS PARK ST. LOUIS PARK HOCKEY ASSOCIATION
_________________________________ By _____________________________________
Cindy Walsh,
Director of Operations & Recreation Its ______________________________________
_________________________________
Jason Eisold, The Rec Center Manager
City Council Meeting of December 7, 2015 (Item No. 4c)
Title: Amendment to Agreement with St. Louis Park Hockey Association – Outdoor Refrigerated Ice Project Page 7
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4d
EXECUTIVE SUMMARY
TITLE: Approve Final Payment for Project No. 4014-3003 Sanitary - Main Rehabilitation
RECOMMENDED ACTION: Motion to Adopt Resolution accepting work and authorizing
final payment in the amount of $13,595.70 for the annual Sanitary Sewer Mainline
Rehabilitation Project with Insituform Technologies USA, LLC. - Project No. 4014-3003, City
Contract No. 36-15.
POLICY CONSIDERATION: Not Applicable
SUMMARY: On April 6, 2015, the City Council awarded the bid for the Sanitary Sewer
Mainline Rehabilitation Project – City Project No. 4014-3003. The project was advertised, bid
and awarded to Insituform Technologies USA, LLC. in the amount of $273,460.80. The project
consisted of lining 12,248 feet of the sanitary sewer mains in various locations throughout the
city. The relining process rehabilitates or renews these sections of aging pipe and is expected to
extend their service life another fifty plus years.
The Contractor completed the work within the contract time allowed at a final contract cost of
$271,913.80 with an underrun of $1,547. There was no change orders associated with this
contract.
FINANCIAL OR BUDGET CONSIDERATION:
The final contract cost of the work performed by the contractor under Contract No. 36-15 has
been calculated as follows:
Original Contract Price $ 273,460.80
Underruns $ 1,547.00
Contract Amount $ 271,913.80
Previous Payments $ 258,318.10
Balance Due $ 13,595.70
This project was included in the Capital Improvement Program (CIP). The work was funded by
the Sanitary Sewer Fund.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Resolution
Prepared by: Phillip Elkin, Senior Engineering Project Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 4d) Page 2
Title: Approve Final Payment for Project No. 4014-3003 Sanitary - Main Rehabilitation
RESOLUTION NO. 15-____
RESOLUTION AUTHORIZING FINAL PAYMENT
AND ACCEPTING WORK FORTHE
SANITARY SEWER – MAINLINE REHABILITATION PROJECT
CITY PROJECT NO. 4014-3003
CONTRACT NO. 36-15
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as
follows:
1. Pursuant to a written contract with the City dated April 6, 2015, Insituform Technologies
USA, LLC. has satisfactorily completed the annual Sanitary Sewer Mainline
Rehabilitation Project, as per Contract No. 36-15.
2. The Engineering Director has filed her recommendations for final acceptance of the
work.
3. The work completed under this contract is accepted and approved. The final contract
cost is $271,913.80.
4. The City Manager is directed to make final payment on the contract, taking the
contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council December 7, 2015
City Manager
Mayor
Attest:
City Clerk
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4e
EXECUTIVE SUMMARY
TITLE: Approve Final Payment for Project No. 4015-1200 Street Sealcoat Project
RECOMMENDED ACTION: Motion to Adopt Resolution accepting work and authorizing
final payment in the amount of $20,552.71 for the annual Street Sealcoat Project with Pearson
Brothers Inc. - Project No. 4015-1200, City Contract No. 51-15.
POLICY CONSIDERATION: Not Applicable
SUMMARY: On May 4, 2015, the City Council awarded the bid for the Street Sealcoat Project
- City Project No. 4015-1200. The project was advertised, bid and awarded to Pearson Brothers
Inc. in the amount of $433,536.88. This project included sealcoating selected streets in
Pavement Management Areas 7 and 8 which are comprised of Pennsylvania Park, Willow Park,
Eliot, Eliot View Blackstone, Cedarhurst, Lake Forest and Fern Hill neighborhoods.
The Contractor completed this work within the contract time allowed (10 days) at a final contract
cost of $427,095.60, with an underrun of $6,441.28. There was no change orders associated with
this contract.
FINANCIAL OR BUDGET CONSIDERATION:
The cost of the work performed by the contractor under Contract No. 51-15 has been calculated
as follows:
Original Contract Price $433,536.88
Underruns $ 6,441.28
Contract Amount $427,095.60
Previous Payments $406,542.89
Balance Due $ 20,552.71
This project was included in the Capital Improvement Program (CIP). The work on local streets
will be paid for using the Pavement Management Fund. Municipal State Aid streets that were
sealcoated are funded by the Public Works Operations budget.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Resolution
Prepared by: Phillip Elkin, Senior Engineering Project Engineer
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 4e) Page 2
Title: Approve Final Payment for Project No. 4015-1200 Street Sealcoat Project
RESOLUTION NO. 15-____
RESOLUTION AUTHORIZING FINAL PAYMENT
AND ACCEPTING WORK FOR THE
STREET SEALCOAT PROJECT
CITY PROJECT NO. 4015-1200
CONTRACT NO. 51-15
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as
follows:
1. Pursuant to a written contract with the City dated May 4, 2015, Pearson Brothers Inc. has
satisfactorily completed the annual Sealcoat Project, as per Contract No. 51-15.
2. The Engineering Director has filed her recommendations for final acceptance of the
work.
3. The work completed under this contract is accepted and approved. The final contract
cost is $427,095.60.
4. The City Manager is directed to make final payment on the contract, taking the
contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council December 7, 2015
City Manager Mayor
Attest:
City Clerk
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4f
EXECUTIVE SUMMARY
TITLE: Approve Final Payment for Project No. 4014-0003 Concrete Replacement
RECOMMENDED ACTION: Motion to Adopt Resolution authorizing final payment in the
amount of $9,906.18 for the annual Concrete Replacement Project with Standard Sidewalk, Inc. -
Project No. 4014-0003, City Contract No. 103-14.
POLICY CONSIDERATION: Not applicable
SUMMARY: On September 2, 2014, the City Council awarded the bid for the Concrete
Replacement Project – City Project No. 4014-0003. The project was advertised, bid and
awarded to Standard Sidewalk, Inc. in the amount of $232,507.00. This project is the annual
repair and construction of sidewalk, curb and gutter, and storm sewer catch basins at various
locations in the City. The work was mainly located in the combined Pavement Management
Areas 2, 7 and 8 which include the Browndale, Minikahda Vista, Willow Park, Pennsylvania
Park, Eliot, Eliot View, Lake Forest, Cedarhurst, and Fernhill neighborhoods.
The Contractor completed this work within the contract time allowed at a final contract cost of
$198,123.55 with an underrun of $34,383.45. There was no change orders associated with this
contract.
FINANCIAL OR BUDGET CONSIDERATION:
The cost of the work performed by the contractor under Contract No. 103-14 has been calculated
as follows:
Original Contract Price $ 232,507.00
Underrun 34,383.45
Contract Amount $198,123.55
Previous Payments $188,217.37
Balance Due $ 9,906.18
This project was included in the Capital Improvement Program (CIP). The work was funded by
the Public Works Operations budget, Stormwater Utility budget and the Pavement Management
budget.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Resolution
Prepared by: Phillip Elkin, Senior Engineering Project Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 4f) Page 2
Title: Approve Final Payment for Project No. 4014-0003 Concrete Replacement
RESOLUTION NO. 15-____
RESOLUTION AUTHORIZING FINAL PAYMENT
AND ACCEPTING THE WORK FOR THE
CONCRETE REPLACEMENT PROJECT
CITY PROJECT NO. 4014-0003
CONTRACT NO. 103-14
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated September 2, 2014, Standard Sidewalk,
Inc. has satisfactorily completed the annual concrete replacement project, as per Contract
No. 103-14.
2. The Engineering Director has filed her recommendations for final acceptance of the
work.
3. The work completed under this contract is accepted and approved. The final contract
cost is $198,123.55.
4. The City Manager is directed to make final payment in the amount of $9,906.18 on the
contract, taking the contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council December 7, 2015
City Manager Mayor
Attest:
City Clerk
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4g
EXECUTIVE SUMMARY
TITLE: Approval of Bid Alternates for The Rec Center Refrigeration Replacement Project
RECOMMENDED ACTION: Motion to approve bid alternates and the addition of LED
lighting upgrades in both ice arenas as a part of The Rec Center Refrigeration Replacement
Project.
POLICY CONSIDERATION: The City was awarded a $400,000 Mighty Ducks grant to be
used for the Rec Center Refrigeration Replacement Project. Does the City Council wish to use
these funds to allow for additional energy efficiency upgrades as a part of this project?
SUMMARY: The Rec Center Refrigeration Replacement project includes the replacement of
both existing ice arena refrigeration systems, both rink floors, both dasher board sets and the
west arena dehumidification system. There were four bid alternates identified with the project:
pre-heating equipment for domestic hot water, low-emissivity ceiling, a reverse osmosis (RO)
water treatment system and the painting of ventilation duct work.
When staff presented Council with the bid results for the Rec Center Refrigeration Replacement
project at the October 5, 2016 Council meeting, it was requested that the low-emissivity ceiling
be included as part of the project, not as a bid alternate. Staff stated it would return to Council to
request approval of the remaining bid alternates if we received grant funding. On November 18,
2015 staff was informed that the City was awarded $400,000 from the Mighty Ducks Fund
through the State of Minnesota for the refrigeration replacement project; therefore, we are now
asking for authorization to include the bid alternates. These alternates will provide energy
enhancements that will help to make The Rec Center more energy efficient.
FINANCIAL OR BUDGET CONSIDERATION: At the October 5, 2015 meeting, City
Council approved bids resulting in a total project cost of $4,834,230. The additional bid
alternates staff is asking the Council to approve total $265,200. The total project cost, including
bid alternates, is $5,099,430. Based on the previously adopted budget for this project, the
addition of the Mighty Ducks funding, and a $20,000 rebate from Xcel Energy for the LED
lighting, total funds available for this project are $5,220,000.
VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental
stewardship. We will increase environmental consciousness and responsibility in all areas of city
business.
SUPPORTING DOCUMENTS: Discussion
Prepared by: Jason Eisold, Rec Center Manager
Reviewed by: Cindy Walsh, Director of Operations and Recreation
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 4g) Page 2
Title: Approval of Bid Alternates for The Rec Center Refrigeration Replacement Project
DISCUSSION
BACKGROUND: The Rec Center Refrigeration Replacement project includes the replacement
of both existing ice arena refrigeration systems, both rink floors, both dasher board sets and the
west arena dehumidification system. There were four bid alternates identified with the project:
pre-heating equipment for domestic hot water, low-e ceiling, a reverse osmosis (RO) water
treatment system and the painting of ventilation duct work.
When staff presented Council with the bid results for the Rec Center Refrigeration Replacement
project at the October 5, 2016 Council meeting, it was requested that the low-emissivity ceiling
be included as part of the project, not as a bid alternate. Staff stated we would return to Council
to request approval of the remaining bid alternates if we received grant funding.
On November 18, 2015 staff was informed that the City has been awarded $400,000 from the
Mighty Ducks Fund through the State of Minnesota for the refrigeration replacement project.
The cost of implementing the bid alternates and addition of LED lighting, along with their
respective impacts, are noted below.
BID ALTERNATES BEING CONSIDERED: The following are five bid alternates to the
Refrigeration Project. The City Council approved the Low-Emissivity Ceiling when they
accepted the bids. We are asking the City Council to approve the remaining four bid alternates
since being awarded $400,000 in grant money.
Low-E Ceiling - $119,775 (already approved to include in project): A low emissivity ceiling is
an energy savings initiative that involves material being installed on the ceiling of the ice arena
to reduce the transfer of radiant heat from the metal roof to the ice surface. Radiant energy will
always flow from objects at a higher temperature to objects at lower temperature. The arena
ceiling is always warmer than the ice surface, thus a constant transfer of radiant energy to the ice.
When a low-e ceiling is installed over the ice sheet, it interrupts the flow of radiant energy to the
ice. This reduces the heat load on the ice sheet by as much as 20 percent. The payback time on
this improvement is 5 - 7 years.
Pre-Heating of Domestic Hot Water - $77,200: The hot water that is used to flood the ice, the
largest use of hot water in the building; will be pre-heated with the waste heat generated by the
new refrigeration system. This pre-heating will heat the water from approximately 50 degrees to
100 degrees, reducing the amount of natural gas used to heat the water. Our natural gas bill
should go down each month.
Reverse Osmosis (RO) Water Treatment System - $133,000: The RO system will greatly
improve the ice conditions (harder, faster ice) and clarity of our ice. The system removes most of
the impurities in the water used to flood the ice rinks resulting in improved ice conditions. The
ability to operate at higher ice temperatures, but get the results that colder ice temperatures
provide (harder, faster ice), present opportunities for electrical savings.
Ventilation Duct Work Painting - $10,000: New duct work will be installed in the west arena
rafters to accommodate the new dehumidification system. This duct work traditionally comes as
exposed stainless steel (silver in color). By painting it white it will blend in better with the rafters
and walls of the west arena.
City Council Meeting of December 7, 2015 (Item No. 4g) Page 3
Title: Approval of Bid Alternates for The Rec Center Refrigeration Replacement Project
LED Lighting Upgrade - $45,000: Staff researched opportunities that could be used to reduce our
utility usage and found that replacing our current arena lighting is a great opportunity. By
installing LED lighting in both arenas the cost of installation could be recouped in a little over
two years. We will be eligible for a $20,000 rebate through Xcel Energy once we install the
lighting.
NEXT STEPS: Construction on the refrigeration room has begun. The construction inside The
Rec Center will begin in March 2016.
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4h
EXECUTIVE SUMMARY
TITLE: Accept Monetary Donation to Cobblecrest Neighborhood Association from Solo Dock
RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a
monetary donation from Solo Dock Company in Wayzata in the amount of $100 for Cobblecrest
Neighborhood Association.
POLICY CONSIDERATION: Does the City Council wish to accept this gift with restrictions
on their use?
SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is
necessary in order to make sure the City Council has knowledge of any restrictions placed on the
use of each donation prior to it being expended.
Solo Dock graciously donated $100 to Cobblecrest Neighborhood Association. This money will
be put directly into the neighborhood’s grant account, available for their use at any time.
FINANCIAL OR BUDGET CONSIDERATION: This donation will be used for the
Cobblecrest Neighborhood Association’s purpose as to be determined.
VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged
community.
SUPPORTING DOCUMENTS: Resolution
Prepared by: Breanna Freedman, Community Liaison
Reviewed by: John Luse, Police Chief
Approved by: Nancy Deno, Deputy City Manager/HR Director
City Council Meeting of December 7, 2015 (Item No. 4h) Page 2
Title: Accept Monetary Donation to Cobblecrest Neighborhood Association from Solo Dock
RESOLUTION NO. 15-____
RESOLUTION APPROVING ACCEPTANCE OF DONATION
IN THE AMOUNT OF $100 TO BE USED BY THE
COBBLECREST NEIGHBORHOOD ASSOCIATION
WHEREAS, The City of St. Louis Park is required by State statute to authorize
acceptance of any donations; and
WHEREAS, the City Council must also ratify any restrictions placed on the donation by
the donor; and
WHEREAS, Solo Dock donated $100 to the Cobblecrest Neighborhood Association;
and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis
Park that the gift is hereby accepted with thanks to Solo Dock with the understanding that it must
be used by the Cobblecrest Neighborhood Association.
Reviewed for Administration Adopted by the City Council December 7, 2015
City Manager Mayor
Attest:
City Clerk
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4i
EXECUTIVE SUMMARY
TITLE: Retirement Recognition Resolution for Public Service Worker Donald Schmaus
RECOMMENDED ACTION: Motion to Adopt Resolution to recognize Public Service
Worker Donald Schmaus for his 30 years of service to the City of St. Louis Park.
POLICY CONSIDERATION: None at this time.
SUMMARY: City p olicy states that employees who retire or resign in good standing with over
20 years of service will be presented with a resolution from the Mayor, City Manager and City
Council. Don has chosen not to be honored with a presentation, and will not be attending the
Council Meeting.
This consent item will officially adopt the resolution that honors Don for his years of service.
FINANCIAL OR BUDGET CONSIDERATION: Not applicable.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Resolution
Prepared by: Lori Vail, HR Technician
Reviewed by: Nancy Deno, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 4i) Page 2
Title: Retirement Recognition Resolution for Public Service Worker Donald Schmaus
RESOLUTION NO. 15-____
RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF
AND EXPRESSING APPRECIATION TO
PUBLIC SERVICE WORKER DONALD SCHMAUS
WHEREAS, Don began his employment with the City of St. Louis Park 30 years ago on
July 8, 1985; and
WHEREAS, Don has plowed thousands of lane miles of street during winter snowstorms,
including the Halloween Blizzard; and
WHEREAS, Don has swept thousands of miles of streets at 3 miles per hour while operating
a sweeper; and
WHEREAS, Don has brought his personal dedication to do what’s right and not just to get
the job done; and
WHEREAS, Don has survived the technology migration from paper and pencil to the use of
computers and mobile devices within street maintenance; and
WHEREAS, Don will enjoy retirement trying to stay one step ahead of his wife Mary’s
“honey-do-list” ; and
WHEREAS, Don is very mechanically talented, and retirement may give him time to pursue
various projects of interest and may find time to actually enjoy his snowmobile this winter;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis
Park, Minnesota, by this resolution and public record, would like to thank Public Service Worker
Donald Schmaus for his great contributions and 30 years of dedicated service to the City of St.
Louis Park and wish him the best in his retirement.
Reviewed for Administration: Adopted by the City Council December 7, 2015
City Manager Mayor
Attest:
City Clerk
Meeting: City Council
Meeting Date: December 7, 2015
Consent Agenda Item: 4j
MINUTES
ENVIRONMENT AND SUSTAINABILITY COMMISSION: SUSTAINABLE SLP
ST. LOUIS PARK, MINNESOTA
October 7, 2015
Community Room, City Hall
MEMBERS PRESENT: Chris Anderson, Mark Eilers, Terry Gips, Ryan Griffin; Rachel Harris,
Karen Laumb, Renee McGarvey, Cindy Larson O’Neil, Nancy Rose, Jayne Stevenson, Judy
Voigt, Paul Zeigle.
EXCUSED ABSENCE: None
STAFF PRESENT: Shannon Pinc and Recording Secretary (Mary Pappas).
GUESTS: Elliott Rickert, 8th grade student, St. Louis Park Middle School – will volunteer with
a work group; Julie Rappaport, work group member.
1. The meeting was called to order at 6:30 p.m. Introductions were made.
2. The minutes of the September 9, 2015 meeting were approved unanimously.
3. Business/Work Groups
a. Water, Land, Wildlife Work Group Plan:
A plan for approval was distributed to the commission for review. Suggestions
about trees on private lands; clean, sustainable water; and elimination of use of
detrimental chemicals were discussed.
Motion was made, seconded and passed unanimously to accept the plan with changes.
b. Education and Action Work Group:
Chair Gips noted that he and Shannon had a positive meeting with City Manager
Tom Harmening, regarding the Education and Action Group, which included deep
discussion on vision and work plan. He added there is real alignment and
direction now. Chair Gips said they will move forward with the proposed vision
and begin scheduling some workshops.
Julie commented on the Community Garden Harvest Festival and the successful
event highlights. Chair Gips noted all the work that went into this event and
thanked all involved for the great job in organizing the event.
City Council Meeting of December 7, 2015 (Item No. 4j) Page 2
Title: Environment &Sustainability Commission: Sustainable SLP Meeting Minutes of October 7, 2015
c. Energy Work Group:
Cindy noted the Partners in Energy had their second meeting, and are crafting a
vision for St. Louis Park. She said more information will be available on this
workgroup at the November Commission meeting. She noted the top items they
are working on include energy efficiency in businesses, partnership with youth,
climate action plan, renewable energy, solar and alternative energy sources. She
stated there will be four more meetings, and then they will start the
implementation phase.
She added the group is working with two St. Louis Park businesses to help with
financing, and they are discussing a case study. PACE financing will be one
funding option, and both Park Tavern and Hardcoat are interested in this project
and how to conserve on their large energy bills. Chair Gips noted this is an
important outreach effort, and the Commission is building relationships with
businesses especially in working to clean up the creek area in St. Louis Park. The
Commission noted that Nordicware has been awarded a sustainability award and
they should be approached by the Commission to see if they like to be involved
with the Energy Group.
d. Zero Waste Work Group:
Judy explained the Plate to Garden fundraiser, which will be held this weekend.
She asked the Commissioners to volunteer to help at the event at Central
Community Center. She added that City Staff has been directed to develop a
policy on zero waste and that work is currently being done on this effort. Chair
Gips added if any Commissioners have thoughts or ideas on plastic bag education,
they should forward them to Shannon Pinc. He added that staff needs to weigh in
on their concerns related to this issue and that it might we worthwhile to have a
meeting with City Manager Harmening. Also, the Commission noted there is a
Polystyrene public listening session on Monday, October 12 at 5:30 p.m. Both
Rachel and Chair Gips will attend.
e. Transportation Work Group Plan:
Paul noted the first bike lanes on Texas Avenue, near St. Louis Park Jr. High, did
pass in the City Council, after much rallying by citizens. He added the group also
met with Jack Sullivan and Debra Heiser and prioritized communication and
education, while noting the focus was on Living Streets. They will also work
with City Staff and the Planning Commission on updates to the Comprehensive
Plan and how transportation issues will be incorporated into the next updated
version.
Motion was made and seconded to unanimously accept the plan as presented.
f. Communications Work Group:
Chris explained the group prioritized their goals and made progress. He noted
that the goals include upgrading the website, and utilizing social media and video
City Council Meeting of December 7, 2015 (Item No. 4j) Page 3
Title: Environment &Sustainability Commission: Sustainable SLP Meeting Minutes of October 7, 2015
He added that the Commissioner’s recommendations will be taken back to the
work group.
Shannon updated the Commissioners on the Face Book page, stating it is ready to
go live as soon as there is information to be posted. She noted some photographs
had been changed and content will be funneled through the work group, and to
City Communication Staff and to Shannon. She also discussed how Twitter and
retweeting could be incorporated and used as often and possible, in order to create
more awareness of the commission.
Chris added they will need staff and commissioners who may be Face Book
administrators, adding that administrators will need training in both posting and
the rules and regulations related to Face Book and its use in St. Louis Park.
He added if anyone is interested in creating content, to let him know, while Julie
stated she is willing to help. Comments will also need to be monitored as well.
Chris stated there will be a variety of content, all related to sustainability.
Additionally, contributions will be needed from all of the work groups.
The Commission discussed having a training session for all Commissioners on
website posting, and any additional social media that would be utilized. Further
updates will be presented at the November meeting.
g. GreenStepCities Work Group – Recap and action:
Shannon gave a high-level overview, reviewed the website and noted that she,
Renee and Nancy had met. They discussed the best framework for documentation
and also how St. Louis Park compares to other cities in the Metro. She noted
there will be a need to have someone dive into the details on this work group and
develop supporting documentation in order to move forward, and achieve a level
2 or 3. The Commissioners noted the reporting related to the GreenStepCities will
take time. One thought would be to engage a volunteer or intern to help with the
project. The Commission will explore this.
Shannon explained that a study session may be needed, along with a conversation
with the City Manager on strategy.
h. Other business
• Elections – Shannon noted that five Commissioners terms end at the end
of 2015, however the City Council will be working on adjusting terms.
She added Staff will need to know if Commissioners would like to
continue on the Commission, or step down
• Shannon also noted she has reviewed the bylaws, and the first meeting of
each year, a chair is elected, as well as a vice chair. She added that if new
Commissioners are elected, orientation will be needed as well as a
celebratory meeting in January of 2016. She noted she will also add a
discussion of the bylaws and possible changes to the November agenda.
City Council Meeting of December 7, 2015 (Item No. 4j) Page 4
Title: Environment &Sustainability Commission: Sustainable SLP Meeting Minutes of October 7, 2015
• Work/Life balance – Shannon stated this is being prioritized in the work
groups, but the agendas are always pressed for time. She suggested doing
a visioning process to help with this issue. She added she will have a
conversation with Tom Harmening on visioning and will draft a high-level
document that can be reviewed by Council ongoing.
• Sharing the Natural Step – Shannon noted this presentation may be given
to a wider audience, and conversations have been ongoing with Chair Gips
and the City Manager, related to this program. Chair Gips said he wants
to also bring this back to the Commission for a more in depth discussion.
• Shannon added next steps will need to happen with the Communications
Work Group and social media training. Additionally there will need to be
more work on the Green Steps program and the Comprehensive Plan. She
noted there is concern for how to manage all of these items.
• It was noted it might be helpful to have Commissioners serve on the
Advisory Committee for the Comprehensive Plan also, while also forming
a work group for the Comprehensive Plan, touches all the other work
groups.
• The Commissioners asked if there was potential of having an all-day or
half day retreat and the possibility of two-hour meetings in the remainder
of 2015 that would go more in-depth on issues facing the Sustainability
Commission. A joint meeting with the Planning Commission was also
discussed.
4. The meeting was adjourned at 8:16 p.m.
Meeting: City Council
Meeting Date: December 7, 2015
Discussion Item: 6a
EXECUTIVE SUMMARY
TITLE: Highway 169 – W. 16th Street Access Closure (West Side)
RECOMMENDED ACTION: Motion to Adopt Resolution supporting the closure of the W.
16th Street access ramps on the west side of Highway 169 at W 16th Street and construction of a
visual barrier.
POLICY CONSIDERATION: Should this access point be closed due to public safety issues?
SUMMARY: MnDOT has scheduled a construction project for Highway 169 between Highway
62 and Highway 55. A summary of the scope of work is attached (Figure 2). The proposed
project would begin in the fall of 2016 with impacts to traffic beginning in 2017, and final
completion in 2018.
The work in the City of St. Louis Park includes, pavement rehabilitation, highway widening
under the Cedar Lake Road Bridge to improve merging onto and off of the highway for the
ramps, and the potential closure of the southbound Highway 169 access ramps at W. 16th Street.
The proposed closure of the W. 16th Street access ramps requires Municipal Consent from the
City o f St. Louis Park.
FINANCIAL OR BUDGET CONSIDERATION: The closure of the southbound Highway
169 access ramps at W. 16th Street is a MnDOT led project and an estimated cost is not available
at this time. Both the ramp closure and the visual barrier wall would be fully paid for by
MnDOT.
SUPPORTING DOCUMENTS: Discussion
Figure 1 - 16th Street Graphic
Figure 2 – Highway 169 Project Summary
Letters from City of Minnetonka
Petitions for Keeping Open / Closing
Resident Comments
Collision Diagram
Resolution
Prepared by: Joseph Shamla, Senior Engineering Project Manager
Reviewed by: Debra M. Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 6a) Page 2
Title: Highway 169 – W. 16th Street Access Closure (West Side)
DISCUSSION
BACKGROUND: In March 2011, MnDOT presented the City Council with various options for
future noise walls and access closures along Highway 169. The locations were based on noise
abatement studies and traffic safety initiatives. The plan that was presented included the
proposed access closure of W. 16th Street on the west side of Highway 169 (Figure 1). At the
January 13, 2014 Study Session staff provided a brief update on this matter.
MnDOT held an open house for the upcoming Highway 169 Project in Hopkins mid-August
inviting the adjacent communities to attend. A summary of the work is attached (Figure 2). The
proposed project would begin in the fall of 2016 with impacts to traffic beginning in 2017 and
final completion in 2018. The impacts to the City of St. Louis Park include the replacement of
the Nine Mile Creek Bridge which will close Highway 169 in this section of road for one year,
improvements to the highway under the Cedar Lake Road bridge to improve merging onto and
off of the highway at these ramps, and the potential closure of the W. 16th Street to / from
southbound Highway 169.
MnDOT has reached out to the cities of St. Louis Park and Minnetonka to inform them of the
potential closure of the W. 16th Street exit on the west side of the highway and has held open
houses for each community. Approximately 40 to 50 residents attended this meeting in St. Louis
Park. The feedback received seemed to be split on whether the access should be closed. Two
letters were received from the City of Minnetonka asking that the access remain open (see
attached). These letters reference that there is significant support from Minnetonka residents
living in the area to leave the access open along with other supporting information. Two
petitions were also received (see attached) one for keeping the access open and one for closing
the access. Additional resident correspondence regarding the proposed closure is also attached.
MnDOT has informed us that this project is part of their Toward Zero Death initiative. The
Toward Zero Deaths approach is based on the belief that even one traffic-related death on our
roads is unacceptable. This “zero deaths” idea was first adopted in Sweden in 1997 as "Vision
Zero" and since then has evolved to several state DOTs, including Minnesota, that have
identified zero deaths as a core objective in their Strategic Highway Safety Plans.
The current W. 16th Street access has substandard merge and acceleration lanes. Alterations to
improve this entrance / exit are not feasible due to the close proximity to the I-394 and Cedar
Lake Road ramps. MnDOT is asking for municipal consent from the City of St. Louis Park since
this ramp is located within our City. In the future, if an accident were to occur in this location or
if MnDOT had a larger scale project, they could close this access without consent from St. Louis
Park.
The closure at W. 16th Street would include the installation of a 10 foot high visual barrier wall
along the west side of Highway 169 from W. 16th Street north to the ramp of Highway 394.
(Figure 1). This would be similar to the closure that occurred at W. 22nd and 23rd Streets along
Highway 169 in 2012. Both the ramp closure and the visual barrier wall would be fully paid for
by MnDOT. If the closure does not move forward and the ramp remains open – no visual barrier
will be constructed.
MnDOT has provided a collision diagram for TH169 from I-394 to W. 16th Street. This includes
five year crash data from 2010 to 2014. Due to the data which was available to create the
City Council Meeting of December 7, 2015 (Item No. 6a) Page 3
Title: Highway 169 – W. 16th Street Access Closure (West Side)
collision diagram, they are unable to determine if all of the rear-end collisions near the 16th Street
exit are related to vehicles exiting and entering from 16th Street or if they are congestion related.
However, they were able to determine that at least two accidents have occurred from cars exiting
at 16th Street and two crashes have occurred at the ramp from eastbound I-394 to southbound
TH169 due to the short acceleration lane. The eastbound I-394 to southbound TH 169
acceleration lane could be improved if 16th Street access was closed. Also, there is a sign near
the exit which has been hit 19 times between 2010 and 2014 indicating that more people are
going off the road than the collision report indicates.
Traffic counts were completed by the Engineering Department to determine the number of users
of this access. The date of the traffic counts are between November 19th 2015 and November
25th 2015. On the average day, 573 vehicles used the access to get to 16th Street from
southbound Highway 169 and 303 vehicles per day used 16th Street access to get to Highway 169
southbound.
Engineering staff discussed the proposed closure with representatives of the Fire and Police
departments. Both departments feel it is unlikely to have any significant impact to response
times. They also indicated that the closure request is acceptable.
During the November 23rd Study Session, City Council asked staff to follow up with MnDOT on
some requests regarding the 16th Street access closure. Below is a summary of their responses.
The City Council requests that the visual barrier be revised to be a noise wall with the closure of
the 16th Street access.
Response from MnDOT: The proposed visual barrier will offer the same acoustical benefits as a
MnDOT standard noise wall of similar design.
The City Council is requesting that the visual barrier be extended to the City limits heading
south on the west side of Highway 169
Response from MnDOT: Extending the visual barrier to the south boundary adds approximately
$500,000.00 to the project budget; this would be a 60% increase in budget and would render the
project too expensive to move forward.
A representative from MnDOT will be doing a presentation at the Council meeting and will be
available for further questions or clarification on the responses above.
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Resident Response to Proposed 16th StreetAccess Closure on Southbound Highway 169
Legend
!?Proposed Access Closure
Proposed Visual Barrier
In favor of closing access (62)
Against closing access (76)
Parcels
City LimitsMinnetonkaCity Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 4
Highway 169 Improvement Projects:ABOUT THE PROJECTSWHAT’S HAPPENING? The Minnesota Department of Transportation (MnDOT) is proposing to rebuild and rehabilitate the infrastructure on Highway 169 between Highway 55 and Highway 62. The work is scheduled for fall 2016 through fall 2017 and will include: Replacing the Highway 169 bridge over Nine Mile Creek in Hopkins, Minnetonka and Edina (bridge is between Bren Road and 7th Street) Closing sub-standard highway ramps at 16th Street in St. Louis Park Improving safety of entrance/exit ramps at Cedar Lake Road interchange Repairing the pavement throughout the corridorThese projects will improve driver safety, accessibility, and provide a smoother road surface and longer lasting bridge once completed. The bridge also is being built to accommodate any future expansion of Highway 169. Nine Mile Creek Bridge is approximately 3,000 ft. long and replacement is a VLJQLƂFDQWXQGHUWDNLQJ7KHFXUUHQWFRQGLWLRQRIWKHEULGJHUHTXLUHVWKDWLWLVUHSODFHGE\WHAT ARE THE CONSTRUCTION IMPACTS? 7KLVSURMHFWLVH[SHFWHGWRFDXVHPDMRUWUDIƂFLPSDFWVGXULQJWKHFRQVWUXFWLRQSKDVHDV+LJKZD\ ZLOOEHFORVHGIRURQH\HDUDWWKHEULGJHlocation, between Bren Road and 7th Street, to allow for the removal and replacement of the existing bridge. There will be occasional lane closures on the other sections of Highway 169 between Highway 55 and Highway 62. MnDOT is taking steps to minimize the length and impact of the road closure by expediting the construction process, using innovative construction processes, and working closely with local communities and businesses to improve detour routes and provide public information about the detours.ADVANTAGES OF FULL CLOSURE: Consolidating all Highway 169 improvement projects will reduce construction impacts from 3 years to 1 year Coordinating with adjacent construction projects to ensure that alternate routes won't be under construction while Highway 169 LVFORVHGDQGWRDYRLGFRQƃLFWVZLWKIXWXUH+LJKZD\,PSURYHPHQWprojects0LQLPL]HVFRQIXVLRQWRGULYHUVE\KDYLQJDZRUN]RQHWUDIƂFSODQWKDWLVƂ[HGUDWKHUWKDQFRQWLQXRXVO\FKDQJLQJ,PSURYHVWKHFRQVWUXFWLRQTXDOLW\RIWKHSURMHFW6LJQLƂFDQWO\UHGXFHVWKHULVNWRZRUNHUVDQGGULYHUVLQWKHZRUN]RQHPROJECT SCHEDULE:201520162017Public involvement activitiesPreliminary design and environmental reviewFinal design/constructionMORE INFORMATION? http://www.mndot.gov/metro/projects/hwy169hopkins62623751655GOLDEN VALLEYPLYMOUTHMINNETONKAST LOUISPARKHOPKINSEDINAMINNETONKAEDEN PRAIRIEN394169169169Ramp Closure at 16th StreetInterchange ImprovementNine Mile Creek BridgeReplacement ProjectBetty Croc ker DrShelard Pkwy16th StHillsboro Ave Cedar Lake Rd28th StMinnetonka Blvd36th SttS ht7dR nerBNine Mile CreekRoad Resurfacing ,I\RXKDYHTXHVWLRQVRUZRXOGOLNHDSURMHFWUHSUHVHQWDWLYHWRYLVLW\RXUEXVLQHVVRURUJDQL]DWLRQFRQWDFWNick Carpenter, Metro District Public Affairs Coordinator, at (651) 234-7710 or nick.carpenter@state.mn.us, or Andrew Lutaya, P.E., Project Manager, at (651) 234-7563 or andrew.lutaya@state.mn.usPROJECT AREA AND COMPONENTS FALLFALLCity Council Meeting of December 7, 2015 (Item No. 6a) Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 5
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 6
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 7
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City of Minnetonka User Area
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Municipal Boundary ±City of MinnetonkaCity of St. Louis Park^_
16th St. W Access
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City Council Meeting of December 7, 2015 (Item No. 6a)
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City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 21
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 22
HW 169 OPEN HOUSE IN HOPKINS
Name Address Comments
Debby Schumacher
1320 Lancaster
Ave. St. Louis
Park
PLEASE close the 16th St exit. The traffic is too fast, the sight lines are
terrible! I have almost been hit several times walking my dog. Most
people against the closure live west of Ford Rd and use 16th St as a
freeway exit.
Also the noise has increased significantly since the wall on the east side of
169 installed. We need a sound barrier not a visual wall. Our property
values decreased with the east side wall.
A light at Cedar Lake Rd / Ford Rd would be needed.
Kevin Conrad 1301 Kilmer
Ave.
St. Louis Park
I would like to see a sound wall "visual wall" along the west side of 169
between 394 & 16th (Kilmer Pond), @ the same time as next fall's 169
construction project. The noise level, since the wall was up on the east
side of 169 has greatly increased. This will greatly help reduce sound and
further enhance the values of our homes (those on Jordan, especially, are
affected) and the rest of the neighborhood's value are affected as well
(comps ‐ I'm a Realtor).
Please close the 16th ST exit as this is a grave safety concern for our
children due to the speeding traffic on 16th!
Bob Disch 2604 Xylon Ave
S St. Louis Park
PLEASE finish 494 & 100 before shutting down 169.
Agree that Cedar Lake Road on ramps need to be improved!
Agree that 16th needs to be closed! Thank you
Janell Berg /
Suzanne Berg
9711 W 16th
Street St. Louis
Park
W 16th Street exit needs to close. It is a safety hazard to get on and off W
16th to 169. W 16th Street is used for a shortcut and cars traveling up
from 169 travel much faster than 30 miles making it very dangerous.
Joel Katz If it is appropriate to close the 16th Street access, why is it not also
appropriate to close the access on the northbound side of TH 169?
Heidi Reiss Please close the 16th exit and put up wall. Also, please ensure that Kilmer
Pond is in good condition after drainage is changed.
I'm supportive of the 16th St closure. I've also seen a lot of almost
accidents at that ramp.
Cedar Lake ramp interchange needs an update.
Debbie / Denny
Ohotto
Park Rd
St. Louis Park
We are wanting to let you know that we would like to see the 16th Street
entrance ramp left open. I use the ramp 5 days a week. I have no problem
merging on.
If the ramp is closed there will be no easy way to access 169. Cedar Lake
Road is not crossable at 7:30 am.
Sandra Johnson 1420 Melrose
Ave. St. Louis
Park
Oppose closing 16th St Exit‐Access to 169 from Cedar Lake Rd is much too
difficult going up the hill on Ford Rd to access Cedar Lake Rd and is
extremely difficult‐‐we still need the access that 16th St gives us to go
south. Pleased to hear there will be a public hearing in Sept. Please inform
us the date & place‐assume it will be City Hall of St Louis Park
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 23
Bonnie & Ted
Fokken
1410 Melrose
Ave S. St. Louis
Park
We would like to see 16th St. exit and entrance remain, but if it does not it
must have a stop light or at least a stop sign on both cedar lake rd and on
the N end of Ford Road, the frontage road of #394 to let people on Ford
Road enter & exit the area without lines. We already have to wait during
busy times. Also viewing sight lines are not good especially on Ford to
Cedar Lake Rd. due to hills & trees. Noise barrier by W. 16th St. is needed‐
noise bounces off barrier on E. Side.
Victoria Thor 9721 W. 16th
St. St. Louis Park
Close the 16th St access! We have been waiting for this for 27 years!
Hoping it happens! Thanks MnDOT!
Tia Hartzell 1605 Melrose
Ave. St. Louis
Park
We are fully in support of closing the 16th Street exit. We have lived in the
neighborhood for 12 years and are so looking forward to the safety this
will bring to our neighborhood. It has also gotten significantly louder since
the new sound wall on the opposite side has been installed. We are so for
it being closed!!!
Bonnie Knapp 1324 Jordan
Ave S. St. Louis
Park
1. Immediate need to clean brush at 16th and 169. Cannot see oncoming
traffic. A hazard. 2. Sound study done 2 years ago is invalid to go by for the
west side of 169 at 16th and Jordan. A new study is needed due to
increased sound created by reflected sound off the wall on the east side. 3.
A sound study would need to be done again after the project to insure the
levels had been reduced to acceptable levels. And possibility of Noise
Abatement windows for the Jordan Av homes be park of the study
David Friederichs 1650 Kilmer
Ave. St. Louis
Park
Closing 16th Ave is an excellent idea as there are many children on that
street and it is only a matter of time before a child is killed. Also quite a
number of dog walkers. No sidewalks either. With cars coming off the
interstate right (highway) into a neighborhood the city should think
responsibly and amend this problem. Wonderful proposal
Jason Hartzell 1605 Melrose
Ave, St. Louis
Park, MN 55426
Been in the area 12 years, and feel it is time to close the 16th St. Access. It
is not safe for incoming or outgoing traffic. Have witnessed numerous
close calls over the years. The recent changes to the east side with the
addition of the sound wall has also increased the noise volumes on our
west side. It's time to make this neighborhood and portion of 169 safe for
drivers and residents.
Dennis Skellenger 1430 Jordan
Ave S. St. Louis
Park
Hi Nick, We need to close the 16th street exit & entrance. Very dangerous!
Plus we need a sound wall, not a visual wall. The sound level study that
was done 15‐20 years is wrong! My home is ranked 157th in the metro
area, across 169 they are ranked 34th. This totally wrong. If you close 16th
street exit, you need a stop light on Ford and Cedar Lake Road. That will be
a mess if you don't. If you need a copy of the sound study that the DOT
did, glad to give you a copy. Plus my home value on Jordan has been going
down due to the noise. Please help us. I'll send some info via email also.
Thanks. Dennis.
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 24
Charles Leighton 1300 Kilmer
Ave. St. Louis
Park
16th St. Access to 169 must be closed for public safety. 1. Merge lane to
southbound 169 is narrow and uphill, making merging difficult. 2. Sight
lines and street width on 16th west of 169 are dangerous for pedestrians.
3. Traffic exiting to 16th St. from southbound 169 is travelling too fast. 4.
Those in favor of keeping access open are unaffected by these very real
safety issues. Additionally, sound attention is needed on west side of 169
from 394 to South of Kilmer Pond. Sound reflecting from newly installed
sound wall on East Side of 169 has increased noise levels on the west side.
I would like to keep 16th St ramp open. I live in that neighborhood and I
want it open because its convenient and quick. Not just for residents but
it's good/convenient for EMS/ambulances
Michael Younes 1430 Lancaster
Ave. St Louis
Park
Nick, Nice meeting you this eve. Main concerns per our discussion 1. safety
in kilmer road neighborhood regarding 16th st exit/on‐ramp to SB169. This
ramp is a danger for peds and drivers. The hwy has grossly outgrown this
ramp. Time to shut it down. 2. NOISE! w/the installation of sound walls on
the east side of 169, just south of Wayzata Blvd, noise is bouncing off
westward into the kilmer pond neighborhood. I've been a resident for 10
yrs and can attest to both types of issues here; the safety component
closure of 16th street exit ramp is needed. 3. House values/taxable
properties: simple put, homes are less desirable w/the noise & traffic
ripping through Kilmer Road neighborhood. City council must recognize
this issue ‐want continued tax cash flows? Close ramp & erect sound (not
visible‐only) walls on the west side of 169 for the kilmer pond
neighborhood. 4. Lastly, on an unrelated note, traffic congestion on 169 is
by far double the volume it was 10 yrs ago. @ rush hour, my 13 mile car
commute from Bloomington to Kilmer Pond Neighborhood is 55 min! I'm
hoping something is in the works to remedy this soon! Thank you for
taking these points into consideration. Regards, Mike Younes
Keep 16th open for sound and remeasure for sound and for noise barrier.
Close W16th St exit
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 25
ST. LOUIS PARK OPEN HOUSE
Name Address Comments
Larry Cheslik 1800 Parker
Rd. St. Louis
Park
The plan to close 16th St. will create an impossible problem on Ford Road and at
the Ford Road‐Cedar Lake Road interchange.
Sandy & Jerry
Johnson
1420 Melrose
Ave. St. Louis
Park
We are definitely against closing 16th St. entrance/exit to 169. Forcing us to go
to Ford Rd. is not a good plan. It is too difficult to leave our area using Ford rd. to
go east on Cedar lake Rd. If this plan becomes a reality we need a stop light.
Jana Mjor 1330 Lancaster
Ave. St. Louis
Park
I am in absolute favor of closing the 16th St. exit (southbound). When the
streets were repaired/replaced in the Kilmer Pond neighborhood 3+ years ago
our neighborhood was so quiet and I don't recall the alternate routes to 169
being an issue at all.
Mike
Malinowski
1871 Melrose
Ave. St. Louis
Park
The 16th St. access is difficult and has problems. However, the closure of 16th
would impact the Kilmer Pond residents in far more ways. Increased traffic on
Ford Rd. is bad now, with the 16th St. closure it would only get worst. Once this
action is done, there is no going back!
Deborah
Anderson
1821 Melrose
Ave. St. Louis
Park
Yes, please close 16th Street exit ‐ it's so dangerous ‐ people honk, speed up and
also give you the finger. I usually use Cedar Lake on Hopkins Crossroad exit and
on so many of these cars are going to the sports facility. Please put up the noise
wall. Also signs‐saying noise ordinance: NO jake braking.
Al Mjor 1330 Lancaster
Ave. St. Louis
Park
I would want 16th access closed for safety reasons!
Diane Schug 1607 Ford Rd.
St. Louis Park
Leave 16th St open‐Ford Rd too busy. Now with school and garbage trucks, then
all of the people not stopping at the sign at 16th. We will have accidents.
Everyone trying to get to work‐school, Ford Rd. will be plugged up‐trying to get
to Cedar Lake Rd. and Service Rd.
Carolyn
Charles
1414 Kilmer
Ave. St. Louis
Park
I oppose 16th St. @ 169. Having lived in the neighborhood 30+ years, I can say I
have not found the exit/entrance issue to be a problem. I recognize many feel
differently, but for me personally it would be a hassle.
Debbie
Schumacher
1320 Lancaster
Ave. St. Louis
Park
Please, please, please close the exit. It is dangerous. I have a 13 yr. old who
crosses on his bike & I walk my dog‐both of us have almost been hit because cars
come flying up the hill & we don't see them until they make the curve on
Lancaster. Closing the exit will increase property values which is more $ for the
City. It will be quieter & attract young families to stay in the neighborhood. The
only argument I've heard for keeping it open is convenience ‐ frankly I think
that's a bit selfish.
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 26
Charles
Leighton
1300 Kilmer
Ave. St. Louis
Park
Please close the southbound 169 access @ 16th Street. Safety of pedestrian and
bicycle traffic on 16th Street is crucial. Sight lines on 16th Street are poor. Bus
stops for school children on 16th also pose hazard for students.
Sandi
Mueller
1826 Melrose
Ave. St. Louis
Park
If I get signatures to keep 16th open who do I bring it to and when are they
voting on it.
Dorene &
Ken Ploof
1425 Kilmer
Ave. St. Louis
Park
We oppose the closing of 16th St. entrance and exit. We are very concerned
about the safety issues on Cedar Lake Rd. & Wayzata Blvd. (service road) if 16th
St. is closed.
Gary 1608 Ford Rd.
Minnetonka
Keep 16th St. open. I had 4 people in my yard because they didn't stop on 16th
Street sign. How about looking at this corner.
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 27
From: jason.hartzell@comcast.net [mailto:jason.hartzell@comcast.net]
Sent: Wednesday, November 11, 2015 10:10 PM
To: jjacobs1956@yahoo.com; Steve Hallfin; Jake Spano; Tim Brausen; Sue Sanger; Anne Mavity 1;
Gregg Lindberg
Cc: nick.carpenter@state.mn.us; andrew.lutaya@state.mn.us; Joseph Shamla; Debra Heiser
Subject: 16th Street Exit Closure/Hwy 169 Vote on 11/16/15
Mayor and Council Members,
I’m writing to request your support of our St. Louis Park neighborhood by voting to close
the 16th Street exit as part of the proposed Hwy 169 project on Monday, November 16th.
I realize your time is valuable, and you are likely inundated with emails on the subject.
Trust me in that I did my best to be brief, and I trust that you will make the time to digest
this email given the gravity and impact this decision has for the residents you represent.
My wife, Tia, our 3 year old son, Grady, and I live at 1605 Melrose Ave which is one
house off 16th Street. The way we see it, this should be a simple discussion focused on
the pros and cons of closing or keeping the exit open. Although many additional benefits
could be claimed, such as increased property values, the conversation ultimately boils
down to safety versus convenience. Additionally, I have read the minutes that have
been provided to each of you in your council study sessions on 9/28 and 10/5. With that
said, I would like to offer my point of view on various portions of those minutes in hopes
to persuade your vote in favor of closing the nuisance, and danger, that is the 16th
Street exit.
First, it appears to be known that this topic is not a conversation of “if,” but instead a
conversation of “when.” According to the notes, MnDOT will eventually close the exit if
your approval is not given on 11/16 if there is a death near the exit or if major work on
169 is performed in the future (which is inevitable). Given that the closure will happen at
some point…why would we want to keep the risk in play? What benefit is to be had by
delaying the inevitable?? Given our proximity to 16th Street, I can tell you first hand that
people exiting into the neighborhood come in at high speeds. A pedestrian, a resident of
St. Louis Park, will be hit at some point…speeds are high and the sightlines on 16th
Street are poor. Part of your role as a public servant is to protect the citizens you
represent. Show the residents of Kilmer Pond that we have your support to make our
neighborhood safer while also improving the safety of traffic on 169.
Second, I’m sure you are hearing a lot about how Ford Road will be negatively impacted
by the closure. I would love to see the facts and studies to support this. The reality is
that this is assumption. Again, given our proximity to 16th Street, we see firsthand how
many cars coming off of 169 actually live in our neighborhood. Granted, I have no hard
data to support my claim (I wish I had time to sit on the curb and count cars)…but I
would be willing to bet that over 50% of the cars exiting from 169 onto 16th Street do not
live in the Kilmer Pond neighborhood, and instead use the access as a convenience to
go to their Minnetonka home, the Lifetime tennis facility, or neighboring businesses on
the frontage road of 394. I see it with my two eyes. So the fact of the matter is that most
of the traffic that uses the 16th Street access point is already traveling on Ford Road in
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 28
the first place. In other words…I would expect Ford Road to be minimally impacted by a
16th Street closure. Furthermore, if you do a simple Google map exercise, you can see
that we have 3 other access points to Hwy 169 within 1.5 miles of the 16th Street access
point; two of which are north at Betty Crocker Drive and General Mills Blvd (entering
394 to access 169). To the south, we have the Cedar Lake Road access point. I bring
this up as many people are very concerned about the intersection of Ford Road and
Cedar Lake Road. Yes…this intersection sucks. What nobody points out, however, is
that this intersection is already terrible…so my hunch is that most people know this and
will avoid it (I know I won’t travel it if I can avoid it). The Minnetonka residents will use
other access points to Cedar Lake Road, such as Lindbergh Drive or Hopkins
Crossroad. The point being…we are talking about a mile of inconvenience in the name
of improved safety. Is this seriously a point of discussion?
I also want to elaborate on this topic of Ford Road in direct response to the letter written
by Minnetonka Councilman Tony Wagner. I apologize if you feel I digress, but I find his
points invalid at best.
550 Minnetonka homes use this access?? Um…that would be 100% of his
homes in question using the access. Sorry, but that cannot possibly be true. And
if it was…is that really what you want in our neighborhood? These would then be
the same individuals I previously mentioned that are speeding through our
neighborhood and posing risk to our residents.
He points out that northbound 16th Street access remained open as part of a vote
in 2014. From what I understand…this was a result of the influence of the
Minneapolis Golf Club. By no means does that past decision set precedence for
the southbound access point. If you are looking for precedence, please
remember the closures that occurred at 22nd and 23rd Streets in 2012 as part of
the SAME MnDOT initiative to improve safety and flow of traffic. There is more
precedence set for closure. Additionally, MnDOT has also stated they plan to
close the northbound 16th Street access point in the future as part of larger
projects where city approval is not needed.
Mr. Wagner is so concerned about our 250 St. Louis Park homes using
Minnetonka’s Ford Road. Don’t you find it funny how he is NOT concerned about
his 550 homes accessing St. Louis Park streets?? The fact is…many residents in
the Kilmer Pond neighborhood already use Ford Road to avoid the cluster that is
the 16th Street access. As previously mentioned…it could easily be argued that
Ford Road will not see incremental traffic. Either way…Ford Road is already a
mess. Minnetonka should recognize this and address THEIR pre-existing issue.
Mr. Wagner states that crash data does not support the closure?? Would love to
know how he is qualified to make that judgment. Said another way…Mr. Wagner
supports keeping the access point open until there is a death or other major
accident? Sounds like a lack of ability to see the big picture to me.
Does anyone find it ironic that the footer of the Minnetonka form letter states
“Minnetonka…where quality is our nature?” Clearly that only applies to the City of
Minnetonka…because if that were true, how can he not recognize the lack of
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 29
quality in a substandard access point to a major highway? Isn’t “substandard”
another way of saying “not quality?”
Last, I realize time is short and we are only a few days away from the hearing and vote.
However, I’m asking that each of you try to find time between now and Monday evening
to come experience the points I make above. If you have not been to our neighborhood,
please come and see it firsthand. See how most traffic uses the access as a
thoroughfare to destinations not named Kilmer Pond. See how most cars speed 40+
mph with poor sightlines. See how the other access points to 169 are equally
convenient.
I recognize this is one decision point on your plate of many. But for many in our
neighborhood, this is the moment we have all been waiting for. Please show your
support for the residents that voted you into office, and not those in neighboring cities
that care about only what is best for their residents.
Many thanks for your time.
Sincerely,
Jason and Tia Hartzell
1605 Melrose Ave.
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 30
Mr. Shamla,
I am writing to express my emphatic support of the proposal to close the 16th St access. I live at 9710 W
16th St and am directly affected by the barrage of unsafe traffic and activity that the access creates. I
have two school aged children and am in constant fear of them being injured by a speeding/distracted
motorist.
It seems to me that NOW is the time to act! With the information provided in the documented discussion
of the issue sited below, it would be an unwise, unsafe, and financially unsound decision to deny the
proposal to close the access.
"It is generally understood that MnDOT will close this access the next time there is a major project along
this section of TH169. At this time, MnDOT has funding to construct a visual barrier in association with the
closure. If the City does not support the closure at this time, the funding for the visual barrier will be used
to fund a different project. It is unlikely that MnDOT will have funding to construct a visual barrier in the
future."
"They [MnDOT] were able to determine that at least two accidents have occurred from cars exiting at 16th
Street and two crashes have occurred at the ramp from eastbound I-394 to southbound TH169 due to the
short acceleration lane. This acceleration lane could be improved if 16th Street was closed. Also, there is
a sign near the exit which has been hit 19 times between 2010 and 2014 indicating that more people are
going off the road than the collision report indicates."
Please close the 16th access. The families residing within the Kilmer Pond neighborhood will be safer for
it.
Thank you for your consideration,
Jamie Mariette
9710 W 16th St
St Louis Park, MN 55426
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 31
Hi Joe,
Thank you for the informative session you hosted along with the MnDot representatives.
I moved into the Kilmer Pond area in 1967.
I worked in Eden Prairie and used the 16th Street access to Highway 169 daily until my retirement in
2000.
I now have considerable family in the Champlin, Andover and Brooklyn Park areas and I return from their
homes on Highway 169 and use the 16th Street exit because of its convenience in reaching my home on
Parker Road.
From a personal standpoint I would prefer that the ramps on 16th Street remain open.
It appears to me that a council vote would be influenced by many of the wards not affected by the issue
and the final vote will move for closure.
Should the closure be approved by council I would strongly encourage the extension of the visual ( noise
) barrier be extended to a point beyond Kilmer Pond to a point that would include the homes surrounding
the pond.
I concur with all that mentioned concerns about the traffic noise on Highway 169. In 1986 I installed a
small berm in my yard adjacent to my deck and put in a waterfall.
When first installed I could sit on the deck and enjoy the sound of the water. In the years following the
highway noise now overcomes the sound of the water.
I suspect the project will ultimately impact Ford Road which is our access to Cedar Lake Road and onto
and off of Highway 169. It is already difficult to get onto Eastbound Cedar Lake Road from Ford Road,
and will likely worsen, as was mentioned with great concern at the meeting. We are all aware of the fact
that the decision to install a stop light at that intersection is one that will have to be made by the City of
Minnetonka.
You indicated, at the meeting, that you work in conjunction with Minnetonka on issues of this
nature. Please convey our concerns about the intersection of Ford Road and Cedar Lake Road and ask
them to take such action that would allow a stop light to be placed at that location.
Thank you for including my concerns in your report to the City Council.
Ken Larson
1826 Parker Road
St. Louis Park, MN 55426-1870
e-mail ( sormarken@aol.com )
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 32
On Fri, Sep 18, 2015 at 2:50 PM, Mike Okey <mokey@stlouispark.org> wrote:
Mayor and Council members,
I am sure you are being inundated with opinions and pleas from residents on both sides
of this suddenly hotly contested issue. I would just like to reach out on behalf of my family, and
the safety of the neighborhood and weigh in with my two cents.
I have lived at 1624 Kilmer since July of 2008 and I feel like this ramp is becoming more and
more dangerous. Just recently I sent a picture to Tom Harmening of a car that crashed into the
sign on the trumpet island as he tried to exit. Fortunately no one was hurt and he crashed before
he could carry that speed into the neighborhood. Sadly, far too many cars carry high speeds off
of the exit and into our neighborhood. It troubles me because my driveway is a bus stop for one
of the schools in Hopkins. Kids have to cross 16th street less than 200 feet from the exit ramp to
get to the stop and I fear that it is only a matter of time before we see a tragic accident. I also
have pictures I could send if you so desire of tire tracks through two yards on 16th street because
a car lost control coming off of the exit ramp. We have a beautiful pond with a park that I won't
even let my daughter play in the entire north end of because I fear a car losing control and
crashing into the park.
I have lived in St Louis Park since 1986 and have been a full time employee with the city for
over ten years now. I have taken much pride watching our city grow into the blossoming, leading
city that it has become. I trust and hope that you will all have the proper foresight to make the
right decision in the interest of safety and not oblige the dissenters who are speaking only for the
sake of convenience.
Personally I would be devastated to see something tragic happen anywhere, especially right out
my front door, this is our chance to eliminate that possibility.
If you would like any of the pictures I referenced I would be happy to share them with you.
Thank you,
Mike Okey
Solid Waste Field Inspector | City of St. Louis Park
7305 Oxford St., St. Louis Park, MN 55426
Office: (952) 928-2857 | Cell Phone:(952) 292-5786
www.stlouispark.org<http://www.stlouispark.org/>
Experience LIFE in the Park.
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 33
On Thu, Oct 8, 2015 at 9:34 AM, Patricia Campbell <PatriciaCampbell@amesco.com> wrote:
Tim,
I have e mailed before and have received a responses. I live on Jordan Ave South (west side). I
am 100% the closing of the 16th exit. I know there is a petition going around to keep it open. I
am guessing these people do not live anywhere close to the exit, they just want it for the
convenience, which I understand. However the increase in traffic and people using it from
outside our neighbor has increased. There are so many cars, trucks , SUV that come from 394 or
55 to ford road just to get on 169 South and the speed is very fast so unsafe.
Please vote to close this exit!!
Thank you,
Trish Campbell
1404 Jordan Ave south
St. Louis Park MN 55426
Ames Construction
2500 W. Cty. Rd. 42, Suite 200
Burnsville, MN 55337
Corporate: 952-887-6120
Patricia Campbell
Claims Administrator
PatriciaCampbell@amesco.com
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 34
Mr. Shamla,
I’m writing to you today to communicate my enthusiastic support for the closing of the W.
16th St. access to Hwy 169. I’ve no doubt that you have or will hear from many who are in favor
of keeping the access open. It is convenient? Yes. Is it safe? No.
I have lived on W. 16th St for 27 years and have been familiar with the Kilmer Pond
neighborhood all my life. I remember when there weren’t any houses to the west of Ford Rd.,
when Hwy 169 was County Rd 18 and no houses lined Kilmer Pond. A lot has changed. From 1
car families, we now have 2-3 car families increasing traffic on a street that was designed for a
different era. We have people outside the neighborhood using W. 16th St. to get to work at the
businesses along the 394 frontage roads, and Minnetonka residents accessing Hwy 169 on
16th street to avoid metered ramps that are closer to their homes.
For many, W. 16th St. is simply a quick means on and off Hwy 169. Our street is treated as a
highway ramp. It is not uncommon for cars to be traveling 40-50 mph between Hwy 169 and
Ford Rd. Backing out of our driveways is dangerous. As you are half way out into the street, cars
appear as if out of nowhere and many drivers are aggressive. If I remember correctly, a traffic
count done when Minnetonka resurfaced Ford Rd (1998?) indicated 1600 cars a day on W.
16th St.
There are a number of school bus stops along W. 16th St. Students of all ages wait on corners as
rush hour traffic whizzes by at unsafe speeds; drivers on their cell phones or reaching for their
coffee cups.
25 years ago we tried to have the access to Hwy 169 closed. Our efforts failed then. We now
have an opportunity to do what should have been done. With the access closed our neighborhood
could see the following improvements:
Property values increase – residents more likely to remain in the neighborhood; neighborhood
more attractive to homebuyers, decreasing the number of rental homes due to poor housing
market. Residents may be more willing to renovate, update and build additions.
Safety – traffic would consist primarily of residents in the neighborhood.
Family friendly neighborhood. Many Kilmer Pond residents like to walk with their family
members and pets. Children like to play in their front yards. The Kilmer Pond Park area would
be more attractive for family and neighborhood activities.
A visual barrier along Hwy 169 on the west side would decrease the noise that is now bouncing
up into the neighborhood since a barrier was built on the east side. Less noise makes for a more
attractive neighborhood.
There are a number of alternative routes to Hwy 169 in our general area.
Drivers would not be inconvenienced.
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 35
Neighbors who do not live on 16th St. are not aware of what we experience.
Because the access has been there for decades is not a valid reason for keeping it open.
Convenience should not trump safety.
Please close the Hwy 169 access on W. 16th St. Our neighborhood will be safer, friendly and our
homes more valuable.
You are invited to join Kilmer Pond neighbors to discuss this project on Sunday, Oct. 18th from
2-4pm at my home. To RSVP, reply to this email/ harristhor@earthlink.net. We would welcome
the opportunity to speak with you before up coming council meetings. If you cannot attend, I
would welcome any chance to discuss this topic with you, via telephone or email.
Thank you for your time and consideration,
Victoria Thor
9721 W. 16th St. SLP 55426
952-546-4573
harristhor@earthlink.net
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 36
Hi Nick,
I was at the meeting on 9/19 at the city building for MNDOT and the closure. First of all, thanks
for all your hard work alongside the hard working MNDOT people. You guys put a lot of effort
into studying the problem and possible solutions. All the old people at that meeting were out of
line in my opinion and they were rude. I don't want them to represent my neighborhood. I'm
your age and I'm respectful of the work you guys all do.
That being said, here's my thoughts:
I live at 1612 Melrose (3 houses S of 16th). My wife and I just had a baby girl. The family
across the street just had a baby (and they also have a 4 year old). The house north of them has a
3 year old, and the house south of them has a 2 year old and 5 year old. (3 houses S of us has a 3
year old and a 6 year old). These are just the kids on our area of melrose. Anyway, there are a
lot of cars that speed thru melrose to head W on 16th towards the ramp. I could say with
certainty that the majority of these cars would take 18th to Ford to Cedar Lake if the ramp were
closed. This reduction in traffic on our area of Melrose would make the street much safer for the
many kids in the area. My wife - on maternity leave - looks out the front window all day and
counts nearly a dozen cars that speed by at nearly 40MPH headed to the 'yield' sign from
Melrose onto 16th street. She has also seen the neighbor kids all ride their bikes/skateboards/etc
into the street without looking. (Shame on the parents, I know.).
But, I'll be looking forward to seeing the ramp closed. (Even though I use it EVERY DAY to
head SB on 169 to go to work). I'm happy to go to Cedar lake.
Thanks!
Dr. Graham Keith
It is my understanding that I should send my comments on the 16th St ramp closures included
in this project. The traffic on 16th is downright scary. The exit/entrance to 169 is far too close to
the residential area; it's ripe for an accident. Safety of a revitalized neighborhood that is
attracting new families is at odds with the convenience of saving a couple minutes once or
twice a day ‐‐ I would hope that MnDOT and those involved would side safety. I would be happy
to discuss via phone, please let me know if you'd like to speak.
Michael Lippert – 1611 Melrose Avenue St. Louis Park
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 37
City Council Meeting of December 7, 2015 (Item No. 6a) Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 38
RESOLUTION NO. 15-____
RESOLUTION SUPPORTING CLOSURE OF THE W. 16th STREET
ACCESS RAMPS ON THE WEST SIDE OF HIGHWAY 169
AND CONSTRUCTION OF A VISUAL BARRIER
WHEREAS, the Minnesota Department of Transportation (MnDOT) desires to close the
access ramps connecting southbound Highway 169 and W. 16th Street for safety reasons;
WHEREAS, MnDOT seeks concurrence from the City of St. Louis Park, Minnesota in
closing said access ramps; and
WHEREAS, MnDOT has offered to construct a visual barrier at no cost to the City for
said concurrence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that:
1. The City of St. Louis Park supports MnDOT’s desire to close the Highway 169
access ramps on the west side of Highway 169 at W. 16th Street.
2. The Engineering Director is hereby authorized to work directly with MnDOT in
delivering a project that will close the access ramps and provide for the construction
of a visual barrier in accordance with State and City requirements.
Reviewed for Administration: Adopted by the City Council December 7, 2015
City Manager
Mayor
Attest:
City Clerk
City Council Meeting of December 7, 2015 (Item No. 6a)
Title: Highway 169 – W. 16th Street Access Closure (West Side)Page 39
Meeting: City Council
Meeting Date: December 7, 2015
Public Hearing Agenda Item: 6b
EXECUTIVE SUMMARY
TITLE: Zero Waste Packaging Ordinance
RECOMMENDED ACTION: The Mayor is asked to open the public hearing, take testimony,
and then close the public hearing. If the Council desires to proceed with a zero waste packaging
ordinance staff would recommend the following action:
Motion to approve the first reading of the proposed Zero Waste Packaging Ordinance and set the
second reading for December 21, 2015.
POLICY CONSIDERATION: Is the proposed ordinance consistent with the Councils Strategic
Priority of being a leader in environmental stewardship and consciousness?
SUMMARY: On November 23, 2015 staff presented a written report to Council with ordinance
revisions addressing Council concerns raised at the November 2 Special Study Session. The
revisions presented in the November 23 report included: changes to the legislative purpose;
adding some definitions; reviewing on-site recycling requirements for establishments that don’t
have dine-in seating; addressing violation frequency; and modifying exemptions to remove
subjectivity.
The Council directed staff to schedule a public hearing for the 1st reading of the ordinance in
December, 2015. This report outlines the changes to the draft ordinance that were presented to
Council on November 23.
NEXT STEPS:
1. 2nd Reading of Ordinance – Council Meeting .............................................. Dec. 21, 2015
2. Develop List of Recyclable/Compostable Products & Exemptions ...... Jan. to April 2016
3. Develop Schedule of Education & Outreach Activities ..................................... Jan. 2016
4. Conduct Education & Outreach Activities ............................................ Feb. to Dec. 2016
5. Ordinance goes into effect………………………………………………….. Jan. 1, 2017
FINANCIAL OR BUDGET CONSIDERATION: The implementation of the proposed
ordinance will impact the 2016 solid waste budget primarily from a staffing perspective.
VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental
stewardship. We will increase environmental consciousness and responsibility in all areas of city
business.
SUPPORTING DOCUMENTS: Discussion
Ordinance
ACC PFPG Comments
Prepared by: Kala Fisher, Solid Waste Program Coordinator
Reviewed by: Scott Merkley, Public Works Services Manager
Mark Hanson, Public Works Superintendent
Cindy Walsh, Director of Operations and Recreation
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 6b) Page 2
Title: Zero Waste Packaging Ordinance
DISCUSSION
BACKGROUND: After undertaking several months of public process a draft Zero Waste
Packaging Ordinance was presented to Council on September 8, 2015. The draft ordinance was
used as part of an education and outreach campaign to allow stakeholders the opportunity to
comment on the draft ordinance in writing and during a public listening session on October 12,
2015. Comments from stakeholders were considered by staff and revisions to the draft ordinance
were made. The second version of the draft Zero Waste Packaging Ordinance was presented to
Council on November 2, 2105. Council requested additional changes including language to
further clarify the ordinance intent, definitions, requirements, violations and enforcement, and
exemptions. Staff updated the draft ordinance to reflect these changes and presented it to Council
in a November 23, 2015 written report. Council directed staff to move forward with a Public
Hearing and 1st reading on December 7, 2015.
PRESENT CONSIDERATIONS: The proposed Zero Waste Packaging Ordinance (Attachment
1) is ready for a Public Hearing and 1st reading on December 7, 2015, with a 2nd reading on
December 21, 2015.
The following changes were presented to Council on November 23, 2015 and are incorporated in
the proposed ordinance:
Legislative Purpose 12.201 – This section now opens with the vision statement from the St.
Louis Park 2007 Visioning process that highlights the city’s commitment to being a leader in
environmental stewardship. It also includes language reflecting the vision statement and the
goal to maximize both traditional recycling and organics recycling.
Definitions 12.202 – Three definitions have been added to the ordinance to provide further
clarification on the meaning of the terms distributor, mobile use-food establishment and
violation. The term “generator” has been removed to increase clarity.
Prohibitions and duties 12.203
(b) – Language added to clarify that food establishments must provide customers with an
“on-site” opportunity to recycle.
(b)(1)a. & (b)(2)a. – The language already requires that food establishments have
“verifiable” recycling and/or organics recycling systems in place. This language will allow
staff to request documentation of recycling during the inspection process.
(b)(3) – Language added to clarify that food trucks, defined as “mobile-use food
establishments”, are not exempt from providing an on-site opportunity to recycle. Staff will
be working with Community Development to ensure that the Zero Waste Packaging
Ordinance requirements are referenced in Chapter 36 of the City Code, which regulates
mobile uses such as food trucks.
Violations and Enforcement 12.204 – A timeframe of 14 calendar days has been added for
correction of violations before a subsequent fine is issued.
Exemptions 12.206 – The second and third provisions in the subsection were removed at
Council’s request, removing the economic and competitive subjectivity when considering
exemptions for zero waste packaging for affected products.
City Council Meeting of December 7, 2015 (Item No. 6b) Page 3
Title: Zero Waste Packaging Ordinance
NEXT STEPS:
1. 2nd Reading of Ordinance – Council Meeting .............................................. Dec. 21, 2015
2. Develop List of Recyclable/Compostable Products & Exemptions ...... Jan. to April 2016
3. Develop Schedule of Education & Outreach Activities ..................................... Jan. 2016
4. Conduct Education & Outreach Activities ........................................... Feb. to Dec. 2016
5. Ordinance goes into effect………………………………………………… Jan. 1, 2017
D R A F T
ORDINANCE NO. ____ - 15
ORDINANCE TO INCREASE TRADITIONAL RECYCLING
AND ORGANICS RECYCLING OF
FOOD AND BEVERAGE PACKAGING AND TO-GO CONTAINERS
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
CHAPTER 12 – Environment and Public Health
Division VI. ZERO WASTE PACKAGING
12-201. - Legislative purpose.
The city council (council) adopted the strategic direction in March 2007 stating that the city is
committed to being a leader in environmental stewardship and will increase environmental
consciousness and responsibility in all areas of city business.
As such, the council finds that discarded packaging from foods and beverages prepared for
immediate consumption constitutes a portion of the waste stream in St. Louis Park that could be
diverted for reuse, recycling, or organics recycling. Regulation of food and beverage packaging,
therefore, is a necessary part of any effort to encourage a recyclable and compostable waste
stream, thereby reducing the disposal of solid waste and the economic and environmental costs
of waste management for the citizens of St. Louis Park and others working or doing business in
St. Louis Park.
The council also finds that the two (2) main processes used to dispose of discarded nonreusable,
nonreturnable, nonrecyclable and noncompostable food and beverage packaging are land filling
and incineration, both of which should be minimized for environmental reasons.
The council therefore finds that the minimization of nonreusable, nonreturnable, nonrecyclable
and noncompostable food and beverage packaging originating at retail food establishments and
at events providing food and/or beverages within the city of St. Louis Park is necessary and
desirable in order to minimize the city's waste stream and maximize recycling and organics
recycling, so as to reduce the volume of landfilled waste, to minimize toxic by-products of
incineration, and to make our city and neighboring communities more environmentally sound
places to live.
12.202. - Definitions.
As used in this chapter, the following terms and phrases shall have the meanings as defined in
this section:
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 4
(a) “Distributor” shall mean a business that distributes food and beverages but who conduct
no retail food or beverage transactions.
(b) “Food establishment”, as used in this chapter, shall mean a "food establishment" as
defined by Chapter 3.3.1 Hennepin County Code of Ordinances.
(c) “Mobile use-food establishment”, as used in this chapter, shall mean “mobile use-food”
as defined in Chapter 36-142(g)(5) of the City Code of Ordinances, as a vehicle or cart
used to prepare and serve food and/or beverages in individual portions in a ready-to-
consume state. Mobile use-food does not include the sale of groceries or vegetables and
fruits not prepared for immediate consumption at the vehicle.
(d) “Packaging” shall mean and include food or beverage cans, bottles or containers used to
package food and beverage products for distribution including glasses, cups, plates,
serving trays, and to-go containers. The following exclusions apply: foods pre-packaged
by the manufacturer, producer or distributor; plastic knives, forks and spoons sold or
intended for use as utensils; and plastic films less than ten (10) mils in thickness.
(e) “Violation” shall mean any time a food establishment is found by the city to be non-
compliant with one or more section(s) of this chapter.
(f) “Zero waste packaging” shall mean and include any of the following:
(1) “Reusable and returnable packaging”: Food or beverage containers or packages,
such as, but not limited to, water bottles, growlers, milk containers and bulk
product packaging that are capable of being refilled at a retail location or returned
to the distributor for reuse at least once as a container for the same food or
beverage;
(2) “Recyclable packaging”: Packaging that is separable from solid waste during
collection for the purpose of recycling including, but not limited to, glass bottles,
aluminum cans and plastic food and beverage packaging. Recyclable packaging
must be accepted by the local material recovery facilities receiving and processing
the materials and have existing robust recycling markets as determined by the
Public Works Division by rule promulgated pursuant to section 12.205.
(3) “Compostable packaging”: Packaging that is separable from solid waste during
collection for the purpose of composting. Compostable packaging must be made of
unlined paper (unless lining is certified compostable), certified compostable plastic
that meet ASTM D6400 or ASTM D6868 or other material accepted by the
commercial compost or anaerobic digestion facility receiving and processing the
materials.
12.203. - Prohibitions and duties.
(a) No person owning, operating or conducting a food establishment or any person or
organization providing free food or beverage products within the city of St. Louis Park
pursuant to a Hennepin County permit or license, or in a manner which would require a
permit or license, shall do or allow to be done any of the following within the city:
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 5
(1) Sell or convey at retail or possess with the intent to sell or convey at retail any food
or beverage intended for immediate consumption contained, at any time at or before
the time or point of sale, in packaging which is not zero waste packaging. The
presence on the premises of the food establishment of packaging which is not zero
waste packaging shall constitute a rebuttable presumption of intent to sell or convey
at retail, or to provide to retail customers packaging which is not zero waste
packaging; provided, however, that this subparagraph shall not apply to
manufacturers, brokers or warehouse operators, who conduct or transact no retail
food or beverage business.
(b) Packaging used to contain food or beverages intended for immediate consumption shall
be considered zero waste packaging only when the food establishment provides
consumers with an on-site opportunity to recycle and/or appropriately manage
compostable packaging and compostable plastics and utilizes a qualified recycling
and/or organics management system.
(1) A qualified recycling system shall have the following elements:
a. A clear and verifiable process for separating recyclable packaging from
discarded solid waste; and
b. Collection and delivery of recyclable packaging to a recycling facility for
processing in the same or at least similar manner as recyclable packaging
collected in a city approved recycling program.
(2) A qualified organics recycling system shall have the following elements:
a. A clear and verifiable process for separating organic materials from discarded
solid waste; and
b. Collection and delivery of organic materials to an organics composting or
anaerobic digestion facility in the same manner or at least similar manner as
organic materials collected in a municipally approved organics management
program.
(3) A food establishment that does not have dine-in seating for consumers, except a
mobile use-food establishment, is exempt from the requirement to provide
consumers with an on-site opportunity to recycle and/or manage compostable
packaging/compostable plastics as defined in Sec 12-203(b).
12.204. – Violations and Enforcement.
(a) When a violation of this chapter has occurred, the food establishment shall be subject to
the penalties set forth below.
(b) A violation of this chapter is a misdemeanor.
(c) Violations of this chapter shall be punishable as an administrative offense pursuant to
City Code Ordinance 2420-12, Section 1-14 Administrative Penalties, as follows:
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 6
(1) A warning notice in writing for the first violation;
(2) A fine of $100 for the second violation;
(3) Repeat subsequent violations within 24 months, a fine double the amount of the fine
imposed for the previous violation, up to a maximum of $2,000. For example if
there were four occurrences of a violation that carried a $100 fine: first is $0
(warning); second is $100, third is $200, forth is $400).
(d) At the time a violation occurs, the food establishment will be given 14 calendar days to
take corrective action before a subsequent fine is issued.
(e) The administrative offenses provided for in this chapter shall be in addition to any other
legal or equitable remedy available to the city for city code violations.
12.205. - Rules and regulations.
The Public Works Division may, upon notice and hearing, promulgate such rules and regulations
as may be necessary to carry out the purposes of this chapter and protect the health of the public,
including the development of list of recyclable and compostable packaging that meets definitions
under section 12.202 and development of exemptions under section 12.206 for packaging for
which there is no reasonable commercially available alternative. In promulgating such rules, the
division shall consider the legislative purposes provided in section 12.201 of this chapter and
shall consult with the operators of affected food establishments, local material recovery facilities
and local commercial composting facilities. The Public Works Division rules and regulations
shall be approved by council annually.
12.206. - Exemptions.
Notwithstanding any other provision to the contrary, this chapter shall not apply to:
(a) Any packaging which is not zero waste packaging, but for which there is no
commercially available alternative as determined by the Public Works Division by rule
promulgated pursuant to section 12.205. In determining whether there are commercially
available alternatives, the Public Works Division will consider whether there is
availability of zero waste packaging for affected products. Every rule creating an
exemption under this paragraph will be reviewed annually by the Public Works Division
to determine whether current conditions continue to warrant the exemption.
12.207. - Severability.
If any part or provision of this chapter or the application thereof to any person, entity, or
circumstances shall be adjudged unconstitutional or invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision or application
which is directly involved in the controversy in which such judgment shall have been rendered,
and shall not affect or impair the validity of the remainder of this chapter or the application
thereof to other persons, entities, or circumstances.
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 7
12.208. - Effective date.
This ordinance shall take effect January 1, 2017.
Secs. 12-209--12-250. Reserved.
Reviewed for Administration Adopted by the City Council _______________
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 8
Date: December 2, 2015
To: Kala Fisher, Solid Waste Coordinator, St. Louis Park, MN
CC: St. Louis Park City Councilmembers
From: American Chemistry Council (ACC)/ Plastics Foodservice Packaging Group (PFPG)
Subject: ACC Plastics Foodservice Packaging Group comments and proposed amendments:
St. Louis Park City Code Chapter 12 draft Zero Waste Packaging Ordinance
First Reading – Dec 7, 2015, Public Hearing- 7:30 p.m.
Dear Kala Fisher/St. Louis Park City Council members:
The Plastics Foodservice Packaging Group (PFPG) of the American Chemistry Council (ACC), represents the leading
suppliers and manufacturers of plastics foodservice packaging products, including polystyrene food and beverage
containers. PFPG participated constructively in both the 2014 Minneapolis Environmentally Acceptable Packaging
proposals and the St. Louis Park, MN proposal referenced in the Zero Waste Packaging Ordinance.
We offer some specific amendments and general comments for consideration:
Specific Amendments
Based on our previously submitted comments (see comments from May 26th, PS Experts Panel on July 27, and October 12
Listening Session) we continue to have concerns that only certain plastics are permitted to be recycled in SLP while other
plastic packaging (including polystyrene) being left off the recyclables list Also, note that at the October 12th Listening
Session, 7 of the 8 public speakers also felt that it would be better to recycle more versus banning materials.
Amendment #1 – (suggested language in bold)
12.122. – Definitions
(f) Zero waste packaging shall mean and include any of the following:
(2) Recyclable packaging: Packaging that is separable from solid waste during collection for the purpose
of recycling including, but not limited to, glass bottles, aluminum cans and plastic food and beverage
packaging. Recyclable packaging must be accepted by the local material recovery facilities
receiving and processing the materials. For both existing and new recycling markets, the
determination will be made by Public Works Division by rule promulgated pursuant to section
12.205.
In addition to the information sent to you showing that adding additional plastics like polystyrene to this draft ordinance is
in the spirit of the proposal, major restaurant chains are continuing to add their polystyrene #6 foodservice products to a
recycling program. Here’s a YouTube video from Chick-fil-A (Sarah Blackmon, Enterprises Social Responsibility)
entitled, “From Beverage to Bench: Recycling Polystyrene” showing what happens to Chick-fil-A PS foam cups after
you leave the restaurant. The video shows the process from collecting the foam cups, densification, and sending them to
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 9
Plastics Recycling of Iowa Falls, Inc. – where park benches are manufactured with the message, “this bench made from
recycled foam and plastic”, donated by Chick-fil-A. This represents a good example of a major chain restaurant recycling
polystyrene foam and plastics.
From Beverage to Bench: Recycling Polystyrene - YouTube
Download the Twitter app
We believe this amendment language is consistent with the intent of the draft ordinance for Zero Waste Packaging for the
following reasons:
1. There are more than three “recyclable” plastics packaging, including polystyrene #6 foam and rigid. If the goal of
the zero waste ordinance for packaging is to encourage recycling, all recyclable plastics should be included –
whether currently recycled, or potential to be recycled. This was reinforced by most of the public comments as
well at the October 12th Listening Session.
2. The Minnesota Pollution Control Agency’s (MPCA) draft 2015 Solid Waste Policy Report has goals to reduce
waste generation and divert more valuable post-use resources from landfills. They have incorporated positive
steps to use holistic approaches such as life cycle analyses to better understand the full range of environmental
impacts (e.g., GHG emissions, energy use, water use), as well as consider a broad range of use and post-use issues
such as source reduction and energy recovery, which will put recycling and composting data into a more useful
and meaningful context. ACC supports this approach (copy of ACC Nov 30th comments attached) – and
encourages St. Louis Park to also consider these inputs for the Zero Waste Packaging ordinance. Life cycle
information previously submitted also makes a case additional packaging, like polystyrene or other plastics, to be
included in the definition.
3. Documentation that polystyrene #6 (foam and rigids) is “recyclable” is as follows: New York City September
21st Judge Chan (Supreme Court of the State of New York) ruling that the Dec 2013 Local Law 142 ban on PS
foam foodservice because NYC Commissioner of Sanitation determined PS foam “not to be recyclable” was
overturned and considered null and void. The opinion by Judge Chan stated, “… The Commissioner’s (NYC)
concern is not justified given the abundant evidence showing a viable and growing market for not just clean EPS
(expanded polystyrene/foam) but post- consumer EPS material; that EPS recycling and the post-consumer EPS
market is beyond the pilot program stages or still paddling in untested waters …
4. The City of St. Louis Park’s residential waste, including all types of packaging, is sent to the Covanta Hennepin
Energy Resource Co. (HERC) waste to energy plant. If the goal of the Zero Waste Packaging ordinance is to
divert that current packaging that goes to the HERC facility for both energy recovery and waste disposal/landfill
minimization – and instead create a separate infrastructure to collect and process, in approved recycling and
industrial composting facilities, the acceptable packaging defined under the draft ordinance (specifically
“recyclable packaging” or “compostable packaging”), then it behooves St. Louis Park include all recyclable or
compostable packaging in the ordinance.
We believe expanding the definition of all plastics recyclables (existing programs, new programs) in the current draft
ordinance addresses the concerns from the public during the PS expert panel as well as the recent Listening Session as to
not limit the amount of “recyclables” in the draft ordinance, and still meets the spirit and intent of the draft zero waste
ordinance.
Amendment #2 -
12.126. – Exemptions
Following the last sentence under 12.126 (a), a new section (b) should be added as follows:
(b) The Public Works Division will make available published wholesale price lists for foodservice packaging items,
and if the cost of an item is more than 10% higher than a foodservice packaging item as defined by the zero waste
packaging definitions, the Division will grant an exemption for that particular item.
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 10
General Comments:
1. Data and Testimony from Expert Panels and Listening Sessions.
a. Documented data. Throughout the process of gathering information and listening to expert panels, we provided
published reports on the environmental safety and health aspects of plastics foodservice products from the FDA,
public health agency experts and 3rd party studies. However, these were often questioned as “being from
industry” and discounted– despite their authenticity.
2. b. Listening Session public input and Zero Waste Packaging ordinance. The public record for testimony given
during the listening session and expert panel overwhelmingly showed that impacted local businesses (both large
and small) have major concerns with both the availability and costs of those items in the proposed definitions of
“reusable, returnable, recyclable or compostable packaging that define zero waste packaging. The most recent
draft Zero Waste Ordinance reflects no cost hardship language under the Exemptions section. To be transparent
and unbiased, we propose Section 12.126 (Exemptions) section (b) above be added based on the following:
a. Compostable packaging vendors claim their costs are “pennies” more than noncompostable options. This
was disputed by the majority of testimony (7 of 8 presenters) at the October 12, 2015 Listening Session.
b. Published wholesale foodservice packaging lists provided to St. Louis Park document the claims that
impacted businesses will face 2 to 3 to 4 times increases on a per item basis to meet the proposed
ordinance – with no benefit to the environment since there is no industrial composting available in St.
Louis Park.
c. Minneapolis Procurement Rules – 10% threshold. At a Sep 17, 2014 EnVAP meeting in Minneapolis
there was discussion about the hardship cost element. It was recommended that this be addressed in the
proposed Green to Go ordinance by providing for an annual (or every 6 month) review with published
wholesale price lists to determine if a hardship exemption should be granted (by Health Dept. in
Minneapolis in this case). When asked about what the distinction should be between the cost difference
and the exemption – Dan Huff (Minneapolis Health Department) stated the city’s green purchasing policy
uses 10% for a cost difference. This should be incorporated in the draft St. Louis Park ordinance as well.
These suggested amendments reflect the overwhelming sentiments as expressed by the majority of the public, mostly local
businesses, who testified at the listening session and expert panel. The amendments will increase the amount of
recyclables in St. Louis County, and provide Public Works Division with an unbiased basis to be fully transparent with the
public on issuing, or rejecting, hardship exemption requests per the ordinance.
A representative of ACC available at the Dec 7th public hearing to answer any questions. Please contact us if you have
questions pertaining to these proposed amendments, or if you need additional information.
Sincerely,
Mike Levy, Senior Director
Plastics Foodservice Packaging Group (PFPG)
Life Cycle Issues, Plastics Division, ACC
Office: 202-249-6614; Fax: 202-379-9741; Cell: 703-887-0723
e-mail: mike_levy@americanchemistry.com
Address: ACC, 700 2nd Street, NE, Washington, D.C. 20002
John Easter | American Chemistry Council
Director, State Affairs
john_easter@americanchemistry.com
107 E. 5th St., Suite 201 | Des Moines, IA | 50309
O: (515) 471-1957 C: (515) 508-9180 F: (515) 243-0342
www.americanchemistry.com
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 11
americanchemistry.com® 700 Second St., NE | Washington, DC 20002 | (202) 249.7000
30 November 2015
Commissioner John Linc Stine
Minnesota Pollution Control Agency
520 Lafayette Road North
Saint Paul, MN 55155-4194
Re. American Chemistry Council comments on Minnesota Pollution Control Agency’s 2015
Draft Solid Waste Policy Report
Dear Commissioner Stine,
The American Chemistry Council’s Plastics Division (ACC) is pleased to submit comments on
the Minnesota Pollution Control Agency’s (MPCA) draft “2015 Solid Waste Policy Report.”
ACC’s Plastics Division represents leading manufacturers of plastic resins and is a leader in
promoting innovative plastics recycling and energy recovery programs, including educational
and outreach programs to improve plastics recycling and recovery nationwide. ACC has a strong
interest in sustainable materials management – we sponsor studies on plastics’ role in reducing
energy use and greenhouse gas (GHG) emissions over their life cycle1, and we sponsor ongoing
studies to track and enhance plastics recycling2. In addition we contribute to national recycling
programs3, and promote energy recovery for non-recycled plastics that are not recycled in
commercial markets.4 Our comments are based on our experience, and rooted in our commitment
to achieve the best environmental outcomes.
ACC supports MPCA’s goals to reduce waste generation and divert more valuable post-use
resources from landfill. We believe these goals can best be achieved if MPCA incorporates
private sector efforts to increase recovery, encourages the growth of emerging technologies to
recover the value of non-recycled materials, and encourages broadly supported state and local
recycling policy. ACC urges MCPA to consider the following specific recommendations in its
final report:
1) Continue to pursue sustainable materials management.
1 Impact of Plastics Packaging on Life Cycle Energy Consumption & Greenhouse Gas Emissions in the United States and
Canada.
2 ACC’s annual plastics recycling reports on bottles; bags, wraps, and film; and non-bottle rigids, and recycling
access can be found here http://plastics.americanchemistry.com/Education-Resources/Publications#recycling
3 Keep America Beautiful’s I Want to be Recycled campaign, The Recycling Partnership, WRAP program
4 Plastics Energy Recovery on ACC.com
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 12
We congratulate MPCA for taking positive steps to use holistic approaches such as life cycle
anal yses to better understand the full range of environmental impacts (e.g., GHG emissions,
energy use, water use, etc.), as well as consider a broader range of use and post-use issues such
as source reduction and energy recovery, which will put recycling and composting data into
more useful and meaningful context. Examples of how use-phase reductions from plastics
packaging can lead to important environmental benefits include our life cycle inventories on
plastics packaging5, flexible coffee packaging6, tuna packaging7, and high density polyethylene
(HDPE) milk jugs.8 We would be pleased to further elaborate on these and other environmental
attributes of plastic packaging.
2) Consider new opportunities to dramatically increase recycling of plastics.
Like most of America, many Minnesotans have access to recycling for plastic bottles, which
have the highest recycling rates for consumer plastics. However, there are new programs to also
collect and process other plastics (such as non-bottle rigid containers and flexible polyethylene
film) and ACC would welcome a discussion on partnership opportunities to further increase the
recovery of those materials. For example, ACC has worked closely with the Association of
Plastic Recyclers (APR) to encourage large grocery chains to recycle more of their rigid
plastics.9 In addition, recyclable polyethylene wraps and films are collected for recycling with
plastics bags via many “at store” collection programs. ACC encourages MPCA to explore
opportunities to work with ACC and the Sustainable Packaging Coalition (SPC) in its Wrap
Recycling Action Program (WRAP) to increase recognition of how to recycle clean polyethylene
film.10
3) Encourage community recycling coordinators to adopt common recycling terms to reduce
confusion and increase the amount and types of plastics collected for recycling.
ACC worked with a leading recycling consultant and a large group of plastics stakeholders to
develop the Plastics Recycling Terms and Tools.11 The U.S. EPA is now using these standard
plastics terms in its state data measurement project via the Re Trac software system. Community
recycling coordinators can use the free online tool, including a set of royalty free images, to
5 http://plastics.americanchemistry.com/Education-Resources/Publications/Impact-of-Plastics-Packaging.pdf
6 http://plastics.americanchemistry.com/LCI-Summary-for-8-Coffee-Packaging-Systems
7 http://plastics.americanchemistry.com/LCI-Summary-for-6-Tuna-Packaging-Systems
8 http://plastics.americanchemistry.com/LCI-Summary-for-4-Half-Gallon%20Milk%20Containers
9 Recycling Grocery Store Rigid Plastics http://www.recyclegroceryplastics.org/
10 Wrap Recycling Action Program http://www.plasticfilmrecycling.org/wrap/wrap-1.html
11 What are the Plastics Recycling Terms and Tools? https://www.youtube.com/watch?v=zbcVQ2_8UU4
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 13
develop communications materials for their residents. The Plastics Recycling Terms and Tools
can be found at RecycleYourPlastics.org.12
4) Focus on potential public/private partnerships that can increase the recovery of all recyclable
materials.
Communities in Minnesota could benefit from two significant initiatives led by the private sector
that are directly investing in communities and recycling systems across the country. The
Recycling Partnership in recent years has partnered with diverse communities in Ohio, New
Jersey, Georgia, South Carolina, Michigan, Virginia, Alabama, Illinois, Massachusetts, and New
Mexico to increase access and the efficacy of their recycling programs. TRP also has been
responsible for helping communities place more than 165,000 new, large recycling carts with
their residents. These carts are replacing smaller bins that limit the amounts and types of
materials that can be collected. In addition, Walmart and nine major consumer product
companies recently launched the Closed Loop Fund which provides no interest loans to
communities and low interest loans to private entities. The Closed Loop Fund recently provided
important investment capital for a new plastics recovery facility in Baltimore, MD.13
5) Evaluate and encourage material recovery solutions beyond mechanical recycling.
There are a range of technologies to capture energy from non-recycled plastics so that they are
not sent to landfill, including pyrolysis, gasification, and engineered solid fuel, which convert
plastics into raw materials, fuels or energy. Converting non-recycled plastics into liquid fuels and
chemical feedstocks offers significant potential environmental and economic benefits. ACC
recommends using North American cities such as Edmonton, Alberta and Philadelphia, PA as
potential models. Edmonton’s integrated systems to recycle, compost, and convert non-recycled
materials to fuels and chemicals will eventually divert roughly 90% of Edmonton’s waste from
landfill.14
6) Evaluate whether plastics-to-fuel technologies are regulated as the manufacturing facilities
that they are.
Facilities that convert non-recycled plastics into fuels, chemical feedstocks, or other petroleum
products are in fact manufacturing facilities, and not waste disposal. Unfortunately, many
existing state regulations were promulgated before these technologies existed and as a result
plastics-to-fuel facilities are often categorized as waste disposal, which is a significant
disincentive to development. ACC developed a “Regulatory Treatment of Plastics-to-Fuel
Facilities” to provide guidance to state and local regulators, which includes a checklist of the
12 Plastics Recycling Terms and Tools https://www.recycleyourplastics.org/recycling-professionals/education/terms-tools/
13 Closed Loop Fund and Baltimore Plastics Recovery Facility in https://www.recyclingtoday.com/article/qrs-canusa-
hershman-partner-plastics-recycling-plant
14 City of Edmonton http://www.edmonton.ca/programs_services/garbage_waste/biofuels-facility.aspx
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 14
typical federal, state, and local permits that are required to operate these facilities.15 ACC
recently worked with the Governing Institute to help educate policymakers and regulators about
the potential of these technologies.16
7) Evaluate the role plastics packaging (including new multi-material packaging) plays in
reducing food waste.17
MPCA focuses on the importance of organics collection and recovery, but the draft report also
includes important information from the Natural Resources Defense Council (NRDC) about the
considerable environmental costs of food waste. As MPCA adopts its sustainable materials
management approach, we encourage MPCA to recognize the value of plastics packaging to
preventing food waste from occurring in the first place rather than focusing solely on the
collection and processing of organics after food has already gone to waste.
8) Implement Sustainable Materials Management.
We encourage MPCA to implement recommended policy proposals such as the establishment of
a sustainable materials management system and the greater use of life cycle analysis to account
for impacts to water, energy use, and emissions. Additionally, MPCA’s focus on acquiring better
data and working closely with Minnesota counties will be helpful to both industry and
government as they plan for future recovery initiatives. MPCA should first consider the role of
new technologies such as plastics-to-fuel facilities and private sector initiatives for the recovery
of agricultural plastics and boat wrap. On balance, ACC believes the policy discussion represents
a sensible start and will look forward to providing additional input on specific policies as these
proceed.
ACC appreciates the opportunity to comment on MPCA’s draft “2015 Solid Waste Policy
Report.” The document contains many feasible ideas that will help Minnesota utilize its
resources more sustainably. ACC is most encouraged by MPCA’s embrace of sustainable
materials management and life cycle analysis. As MPCA looks to implement its
recommendations statewide, we encourage MPCA to use the various resources and
recommendations we outlined above, and consider ACC a partner in your work.
Sincerely,
15 Regulator Treatment of Plastics-to-Fuel Facilities http://plastics.americanchemistry.com/Product-Groups-and-
Stats/Plastics-to-Fuel/Regulatory-Treatment-of-Plastics-to-Fuel-Facilities.pdf
16 Out of the Landfill and Into Your Car: Creating Fuels from Post-use Plastics http://www.governing.com/papers/Out-
of-the-Landfill-Into-Your-Car-Creating-Fuels-From-Post-Use-Plastics-1439.html
17 Plastics Packaging and the War on Food Waste https://www.plasticsmakeitpossible.com/plastics-at-home/food/prep-
storage/plastic-packaging-and-the-war-on-food-waste/
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 15
John Easter
Director, Midwest State Affairs
American Chemistry Council
107 East 5th Street, Suite 201
Des Moines, IA 503309
(515) 471-1957
john_easter@americanchemistry.com
City Council Meeting of December 7, 2015 (Item No. 6b)
Title: Zero Waste Packaging Ordinance Page 16
Meeting: City Council
Meeting Date: December 7, 2015
Public Hearing Agenda Item: 6c
EXECUTIVE SUMMARY
TITLE: 2016 Proposed Budget, Tax Levies and Truth in Taxation Public Hearing
RECOMMENDED ACTION:
• Information will be presented pertaining to the 2016 Budget, 2016 Preliminary Property Tax
Levy, and other general tax and budgetary information.
• After the presentation, the Mayor is asked to open the public hearing, solicit comments and
close the public hearing. There is no other formal action required at this meeting.
POLICY CONSIDERATION:
• Does the City Council still desire to set the 2016 Final Property Tax Levy at $28,604,474
which is an increase of $1,619,097 or approximately 6.00% over the 2015 Final Property
Tax Levy? Or, does the City Council desire to certify a lesser amount?
• Does the City Council still desire to levy the maximum HRA Levy allowed of $1,011,208
which is an increase of $57,970 or approximately 6.08% over the 2015 Final HRA Levy?
Or, does the City Council desire to certify a lesser amount?
SUMMARY: Included is information pertaining to the 2016 Budget and 2016 Preliminary
General Property Tax and HRA levies. Information is also provided on the tax impacts to a
residential property for Council to consider. In addition, there is a brief discussion on 2016
utility rates that were approved on October 19, 2015, and the overall impact to property owners.
The 2016 Preliminary Property Tax Levy increase adopted on September 21st was 6.50%, but
based on analysis and Council direction, it is being proposed at 6.00% for Council consideration.
FINANCIAL OR BUDGET CONSIDERATION: The proposed tax levies and approved
utility rates will help support necessary City services, capital improvements, and debt service
obligations for Fiscal Year 2016.
VISION CONSIDERATION: All Vision areas are taken into consideration.
SUPPORTING DOCUMENTS: Discussion
2016 Residential Est. City Share of Prop. Taxes – 6.00%
2016 Adopted Utility Rates - Impact for Residential Property
Prepared by: Brian A. Swanson, Controller
Reviewed by: Nancy Deno, Deputy City Manager/HR Director
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 6c) Page 2
Title: 2016 Proposed Budget, Tax Levies, and Truth in Taxation Public Hearing
DISCUSSION
BACKGROUND: On June 22, 2015, staff met with the City Council to discuss the 2016
Budget Process. Council agreed that staff should follow recommendations from the “2016
Budget Production Guidelines” when preparing the 2016 Budget. Assumptions for the 2016
Budget included a pattern similar to past years; 1) a levy increase, 2) modest increase in other
fees and charges where appropriate to fit with business costs, 3) maintain high quality and
responsive service delivery, 4) hold expenditures flat where possible with adjustments for some
modest growth based on essential business needs, 5) funding for a wage and benefit contribution
increase, 6) utility rate increases, and 7) continued long range financial planning.
At the August 24th and September 8th, 2015 City Council Study Sessions, the City Council
reviewed information from the staff report and subsequently directed staff to prepare a 2016
Preliminary Property Tax Levy increase of 6.50% when compared to the 2015 Final Property
Tax Levy. In addition, the City Council directed staff to proceed with preparing the 2016
Preliminary HRA Levy at the maximum allowed by state statute, due to the significant
infrastructure projects currently in progress and scheduled per the 2016 – 2025 Capital
Improvement Plan. Council also directed staff to proceed with utility rate adjustments, which
will both be brought back on October 19th for approval, in order to take effect in 2016.
On September 8th, the EDA and City Council adopted and 2016 Preliminary HRA Levy
$1,011,208, which is approximately 6.08% or $57,970 over the 2015 Final HRA Levy. On
September 21st, the City Council adopted the 2016 Preliminary Property Tax Levy of
$28,738,974, which is approximately 6.50% or $1,753,597 over the 2015 Final Property Tax
Levy.
On October 12th, based on direction from the City Council, staff looked at both revenue
enhancements and expenditure reductions, and as such brought back a levy increase of 5.50%
instead of the 6.50% increase, which is a $269,000 reduction from the 2016 Preliminary Property
Tax Levy that was adopted on September 21st. Upon further discussion that evening, Council
asked staff to prepare tax impacts based on both a 5.50% and 6.00% tax levy increase.
Therefore, at the October 26th and November 9th meetings, Council reviewed information and
directed staff to proceed with presenting information at the budget hearing based on a 6.00%
property tax levy increase when compared to 2015 Final Property Tax Levy. Formal adoption of
the 2016 Budget, 2016 Final Levy adoption for the City and HRA levies, and the 2016 – 2025
Capital Improvement Plan are scheduled for December 21, 2015.
Based on a 6.00% levy adjustment, the City Council can choose to set aside the $134,000 in levy
capacity for present or future projects/initiatives, or place the funds into a fund that could use
some resources. Given the Council’s high priority on housing, one possibility would be to direct
these dollars to the Housing Rehabilitation Fund due to the anticipated declining revenues from
Private Activity Revenue Bonds.
2015 City Final Levy and 2016 Preliminary Adopted Levy
A synopsis of prior year levy information and the 2016 Proposed Preliminary Levy is shown below:
1. The 2015 Final Levy was $26,985,377, which was 5.50% or $1,407,469 more than 2014.
2. The 2016 Preliminary Property Tax Levy was adopted on September 21st at $28,738,974,
which is approximately 6.50% or $1,753,597 more than the 2015 Final Levy.
City Council Meeting of December 7, 2015 (Item No. 6c) Page 3
Title: 2016 Proposed Budget, Tax Levies, and Truth in Taxation Public Hearing
3. The Proposed 2016 General Fund Budget is $34,137,094, which is an increase of
approximately 4.64% or $1,512,656 compared to the 2015 Adopted Budget.
4. The 2016 Preliminary HRA Levy adopted on September 8, 2015, is $1,011,208, which is
an increase of approximately 6.08% or $57,970 compared to the 2015 Final HRA Levy.
The proposed breakdown of the 6.00% Proposed Property Tax Levy by fund is shown below:
2015 2016 Dollar Change Percent Change
Final Proposed From 2015 From 2015
TAX CAPACITY BASED TAX LEVY
General Fund $22,364,509 $23,651,639 1,287,130$ 5.76%
Debt Service - Current 1,423,161 1,517,667 94,506 6.64%
Debt Service - Future - 423,468 423,468 N/A
Capital Replacement Fund 1,442,700 1,767,700 325,000 22.53%
Park Improvement Fund 810,000 810,000 - 0.00%
Sidewalk and Trails Fund 645,007 - (645,007) -100.00%
Employee Administration Fund 200,000 200,000 - 0.00%
Houising Rehab Fund 100,000 100,000 - 0.00%
Discretion of City Council - 134,000 134,000 N/A
TOTAL TAX LEVIES $26,985,377 $28,604,474 $1,619,097 6.00%
HRA Levy
This levy was originally implemented in St. Louis Park due to legislative changes in 2001 which
significantly reduced future tax increment revenues. The City Council elected at that time to use
the levy proceeds for future infrastructure improvements in redevelopment areas. Thus far, some
of the HRA Levy proceeds have been used to fund infrastructure studies, analyses for future
improvement projects and to pay for the City’s share of Highway 7 and Louisiana. By law, these
funds could also be used for other housing and redevelopment purposes, but they are committed
to funding Highway 7 and Louisiana until 2021 based on the current Long Range Financial
Management Plan. Given the significant infrastructure needs facing the City in the future, staff
recommends the HRA Levy continue at the maximum allowed by law for the 2016 budget year.
The HRA Levy cannot exceed 0.0185% of the estimated market value of the City. Therefore,
staff has calculated the maximum HRA Levy for 2016 to be $1,011,208 based on valuation data
from Hennepin County. This is an increase of $57,970 or 6.08% from 2015. The EDA is
allowed to authorize the HRA levy and then forward this recommendation to the City Council.
Utility Funds
The changes in utility rates for 2016 were formally adopted by the City Council on October 19,
2015 for consumption or services provided beginning on January 1, 2016. These rates are
consistent with the goal of achieving long-term sustainability in the funds. Detailed information
is included in the attachment “2016 Proposed Rates – Impact on a Residential Property”. For
2016, the approximate cumulative effect on a typical residential property for all the utility rate
adjustments would be an increase of $61 per year, or approximately $5.08 per month. This
equates to an approximate 5.95% overall increase in utility rates for 2016 when compared to
2015. This calculation is based on a family of four using 30 units of water per quarter (22,500
gallons), and 60 gallon solid waste service which is consistent with prior scenarios presented.
City Council Meeting of December 7, 2015 (Item No. 6c) Page 4
Title: 2016 Proposed Budget, Tax Levies, and Truth in Taxation Public Hearing
Estimated City Impact for 2016 on Taxes and Utilities
Based on a 6.00% levy increase and realizing there are many variables in estimating the City
impact on a residential homestead property, a “typical” property in St. Louis Park valued at
approximately $226,600 for taxes payable in 2016 and having typical utilities as discussed earlier
in the report, would experience an overall increase of approximately $6.44 per month or
approximately $77.23 for the entire year. Of this estimated $77.23 increase, approximately
$16.47 would be attributed to the City’s share of property taxes, and $60.76 to utility rate
adjustments.
NEXT STEPS: As the 2016 budget process nears completion, the following steps remain:
December 7 Truth in Taxation Public Hearing and budget presentation.
December 14 (If needed) - Public Hearing continuation and any budget discussion.
December 21 Council adopts 2016 Budgets, final tax levies (City and HRA), and 2016 -
2025 CIP. On December 21, 2015, the City Co uncil has the option of
decreasing the 2016 Property Tax Levies that were certified for the City
and HRA on September 8th and 21st; however they cannot be increased.
OTHER: As of December 2nd, there were no letters or formal requests received in
Administrative Services addressing the proposed increase in the City’s portion of property taxes
to consider.
CITY OF ST. LOUIS PARK
RESIDENTIAL ESTIMATED CITY SHARE OF PROPERTY TAXES
2016 PRELIMINARY PROPERTY TAX LEVY
6.00% INCREASE
As of 12-07-15
* These are estimated figures at particular price points.
Homes at the price points will not experience these exact changes.
Assessed Market Val.Taxable Taxable Estimated City Tax Dollar Percent
2014 For 2015 For Market Market 2015 2016 Change Change
Pay 2015 Pay 2016 Value 2015 Value 2016
150,000 136,500 126,260.00 111,545.00 624.09 534.50 -89.59 -14.4%
175,000 180,075 153,510.00 159,041.75 758.78 762.10 3.31 0.4%
217,660 226,600 200,009.40 209,754.00 988.63 1,005.10 16.47 1.7%
250,000 264,750 235,260.00 251,337.50 1,162.87 1,204.36 41.49 3.6%
350,000 359,800 344,260.00 354,942.00 1,701.64 1,700.81 -0.83 0.0%
450,000 462,600 450,000.00 462,600.00 2,224.31 2,216.69 -7.62 -0.3%
500,000 519,500 500,000.00 519,500.00 2,471.45 2,512.70 41.25 1.7%
600,000 623,400 600,000.00 623,400.00 3,089.31 3,135.04 45.72 1.5%
700,000 723,100 700,000.00 723,100.00 3,707.18 3,732.21 25.04 0.7%
Assumptions:
2015 and 2016 tax capacity rate based on Hennepin County information.
Tax capacity rates increase from 1% to 1.25% for values over $500,000.
= Median Value Home in St. Louis Park
City Council Meeting of December 7, 2015 (Item No. 6c)
Title: 2016 Proposed Budget, Tax Levies, and Truth in Taxation Public Hearing Page 5
CITY OF ST. LOUIS PARK
ESTIMATED QUARTERLY UTILITY BILL
ACTUAL 2015 AND PROPOSED 2016
October 12, 2015
Household Size 4
Units per quarter 30
Solid Waste Service 60-gallon
Meter size 3/4 inch
Actual Proposed Dollar Percent
Service Type 2015 2016 Change Change Notes
Water
Per unit rate - Tier 1 1.55$ 1.66$ 0.11$ 7.10%
Service charge 19.91$ 22.35$ 2.44$ 12.26%
State testing fee 1.59$ 1.59$ -$ 0.00%
Consumption 46.50$ 49.80$ 3.30$ 7.10%
Sewer
Service charge 14.52$ 15.68$ 1.16$ 7.99%
Per unit 2.84$ 3.07$ 0.23$ 8.10%
Consumption 85.20$ 92.10$ 6.90$ 8.10%
Storm Drainage
Service charge 19.36$ 21.30$ 1.94$ 10.02%
Bassett Creek Fee*1.93$ 1.93$ -$ 0.00%Bassett Creek fee
Solid Waste (includes tax)68.05$ 67.50$ (0.55)$ -0.81%
Total Bill without Bassett*255.13$ 270.32$ 15.19$ 5.95%Not including BCWMC
Increase per quarter (dollars)15.19$
Increase per year (dollars)60.76$
* Since not all property owners would be charged this fee, it is not included in the dollar or percentage change in total bill.
City Council Meeting of December 7, 2015 (Item No. 6c)
Title: 2016 Proposed Budget, Tax Levies, and Truth in Taxation Public Hearing Page 6
Meeting: City Council
Meeting Date: December 7, 2015
Action Agenda Item: 8a
EXECUTIVE SUMMARY
TITLE: Ordinance Amending St. Louis Park City Code Chapter 3, Section 57 Related to
Microdistillery Licenses
RECOMMENDED ACTION: Motion to approve the first reading of an ordinance amending
St. Louis Park City Code Chapter 3, Section 57 to provide for microdistillery cocktail room
licenses and microdistillery off-sale licenses and to schedule the second reading of the ordinance
for December 21, 2015.
POLICY CONSIDERATION: Does the City Council want to allow the operation of
microdistilleries in St. Louis Park?
SUMMARY: At the September 28, 2015 study session staff provided the Council with
background information regarding microdistilleries and proposed ordinance amendments related
to the addition of provisions that would allow the City to issue a cocktail room license or a
microdistillery off-sale license to the holders of a microdistillery license. Following discussion
by the Council, staff was directed to proceed with the following updates:
- Add a license classification that would allow the City to issue a cocktail room license to the
holder of a microdistillery license. The license would authorize the on-sale of distilled spirits
produced by the distiller for consumption on the premises of or adjacent to one distillery
location owned by the distiller. State laws that apply to a retail liquor license, including laws
governing hours and days of sale, apply to microdistillery cocktail room licenses.
- Add a license classification that would allow the City to issue a microdistillery off-sale license
to the holder of a microdistillery license. Off-sale hours and days of sale must conform to the
hours of sale for retail off-sale licensees in the licensing municipality.
FINANCIAL OR BUDGET CONSIDERATION: None at this time.
VISION CONSIDERATION: Not applicable.
SUPPORTING DOCUMENTS: Discussion
Proposed Ordinance Amendment
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 December 7, 2015 (Item No. 8a) Page 2
Title: Ordinance Amending St. Louis Park City Code Chapter 3, Section 57 Related to Microdistillery Licenses
DISCUSSION
BACKGROUND:
What is a Microdistillery?
Minnesota Statute § 340A.101, subdivision 17a, defines a microdistillery as a “distillery operated
within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof
gallons in a calendar year”. Microdistilleries are required to be licensed through the State of
Minnesota. To obtain licensure, a manufacturer of 20,000 to 40,000 proof gallons of distilled
spirits in a calendar year is required to pay the State a license fee of $2,000 and submit a surety
bond in the amount of $3,000. A manufacturer of less than 20,000 proof gallons of distilled
spirits in a calendar year is required to pay the State a license fee of $1,000 and submit a surety
bond in the amount of $2,000.
What is a Cocktail Room?
A municipality may issue the holder of a microdistillery license a microdistillery cocktail room
license. A cocktail room license authorizes the on-sale of distilled liquor produced by the
distiller for consumption on the premises of or adjacent to one distillery location owned by the
distiller. A cocktail room is a similar concept to that of a taproom. Nothing in State law
precludes the holder of a microdistillery cocktail room license from also operating a restaurant at
the distillery. However, the City does not allow a restaurant at a taproom and the proposed
ordinance imposes the same restriction on cocktail rooms to keep the City’s regulations uniform
and consistent. State law does not allow a distiller to hold more than one cocktail room
license. No single entity may hold both a cocktail room and taproom license, and a cocktail
room and taproom may not be co-located.
What Hours can a Cocktail Room be Open for Business?
Minnesota Statute § 340A.504 regulates the hours and days of sale. No sale of intoxicating
liquor or 3.2 percent malt liquor may be made between 2:00 a.m. and 8:00 a.m. on the days of
Monday through Saturday, nor between 2:00 a.m. and 8:00 a.m. on Sunday. In order to obtain a
Sunday license, there would have to be a restaurant with the capacity to serve at least 30 people
and sales would have to be in conjunction with the sale of food. Based on previous Council
discussion, the current draft of the proposed ordinance contains a provision that would prohibit a
restaurant from being located at a microdistillery with a cocktail room license. Therefore, if the
ordinance is approved as proposed, no Sunday sales would be allowed. Additionally, no licensee
may sell intoxicating liquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and
2:00 a.m. unless the licensee has obtained a permit from the Commissioner of Public Safety. A
municipality may further limit the hours of sale of alcoholic beverages. A city may not permit
the sale of alcoholic beverages during hours when the sale is prohibited by State law.
What is a Microdistillery Off-Sale License?
A microdistillery may be issued a license by the local licensing authority for the off-sale of
distilled spirits. The license may allow the sale of one 375 milliliter bottle per customer per day
of product manufactured on-site, subject to the following requirements:
- Off-Sale hours of sale must conform to hours of sale for retail off-sale licensees in the
licensing municipality.
- No brand may be sold at the microdistillery unless it is also available for distribution by
wholesalers.
City Council Meeting of December 7, 2015 (Item No. 8a) Page 3
Title: Ordinance Amending St. Louis Park City Code Chapter 3, Section 57 Related to Microdistillery Licenses
What Hours can a Microdistiller sell Distilled Liquor at Off-Sale?
Minnesota Statute § 340A.504 regulates the hours and days of sale. No sale of intoxicating liquor
may be made by an off-sale licensee:
- On Sundays
- Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday
- On Thanksgiving Day
- On Christmas Day, December 25
- After 8:00 p.m. on Christmas Eve, December 24
The off-sale provision included in the omnibus liquor bill related to the sale of growlers on
Sundays by licensed breweries does not apply to holders of a microdistillery off-sale license.
What License Fees are Proposed for Each Type of License?
Minnesota Statute provides that a municipality shall impose a licensing fee on a distiller holding
a microdistillery cocktail room license subject to limitations applicable to license fees set forth in
M.S. § 340A.408, Subd. 2(a). The license fee is intended to cover the costs of issuing and
inspecting and other directly related costs of enforcement. In order to keep this fee consistent
with that of an On-Sale Taproom license, a $600 license fee is proposed as an addition to the
2016 fee schedule.
Minnesota Statute provides that the annual license fee for an off-sale intoxicating liquor license
issued by a city may not exceed $380 for cities over 10,000 population other than cities of the
first class or cities located outside of the seven-county metropolitan area. The City of St. Louis
Park currently charges an annual fee of $380 for off-sale intoxicating liquor licenses, and $200
for either a brewpub or brewers off-sale malt liquor license. Staff has proposed a $200 fee for a
microdistillery off-sale license as an addition to the 2016 fee schedule.
Where is a Microdistillery Allowed to be Located?
Microdistilleries are currently allowed in Industrial zoning districts; however cocktail rooms are
not allowed under current zoning code regulations. If this ordinance is approved, the required
zoning code amendments will be prepared and brought forward for approval at a later date by
staff from Community Development. It is anticipated that the zoning code amendments will be
sent to the Planning Commission for review in January, 2016. Following action by the Planning
Commission, the proposed zoning code amendments will be placed on a Council agenda for
consideration. This is similar to what was required at the time the City expanded its liquor
regulations to allow for on-sale taprooms and off-sale licenses at breweries.
What are the Local Fire Inspection Requirements for Microdistilleries?
Prior to obtaining licensure from the State of Minnesota, microdistilleries undergo an inspection
of the licensed premises by an agent of the Minnesota Department of Public Safety Alcohol &
Gambling Enforcement Division.
The City of St. Louis Park Fire Department issues permits for construction of the microdistillery.
The Fire Department looks at the quantities of alcohol being stored and reviews the control areas
within the building to assess and mitigate potential impacts on nearby residents or business
owners. All buildings are required to have automatic fire sprinkler systems. Fire personnel then
perform routine inspections of the premises on a 1-2 year rotating cycle to ensure the
microdistillery remains in compliance with all local fire safety regulations. If a cocktail room
City Council Meeting of December 7, 2015 (Item No. 8a) Page 4
Title: Ordinance Amending St. Louis Park City Code Chapter 3, Section 57 Related to Microdistillery Licenses
was proposed to be opened at a microdistillery the fire department would evaluate the space as a
place of assembly, similar to what is done for a taproom.
Does the Police Department have Enforcement Concerns related to Cocktail Rooms?
The Police Department did not have any immediate public safety concerns related to the addition
of classifications for cocktail rooms or microdistillery off-sale licenses. In accordance with
current practice, the Police Department will monitor the activity at all licensed premises, perform
compliance checks, and provide enforcement action when required. There is no data available to
assess whether or not patrons of cocktail rooms are stopped for DWI violations more or less
prevalently than patrons of other on-sale intoxicating establishments.
NEXT STEPS:
December 21, 2015 – Second Reading of Ordinance
December 21, 2015 – Approve Updated 2016 Fee Schedule
City Council Meeting of December 7, 2015 (Item No. 8a) Page 5
Title: Ordinance Amending St. Louis Park City Code Chapter 3, Section 57 Related to Microdistillery Licenses
ORDINANCE NO.____-15
ORDINANCE AMENDING CHAPTER 3, SECTION 57 TO PROVIDE
FOR MICRODISTILLERY COCKTAIL ROOM LICENSES AND
MICRODISTILLERY OFF-SALE LICENSES
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 3 is amended as follows:
ARTICLE II. SALE, CONSUMPTION AND DISPLAY
***
Sec. 3-57 Classifications
***
(15) Microdistillery cocktail room license. A microdistillery cocktail room license may be
issued to the holder of a microdistillery license issued under Minn. Stat. § 340A.22. A
microdistillery cocktail room license authorizes the on-sale of distilled liquor
produced by the distiller for consumption on the premises of or adjacent to one
distillery location owned by the distiller.
a. The city shall, within ten days of the issuance of a microdistillery cocktail room
license inform the commissioner of public safety of the licensee’s name and
address and trade name, and the effective date and expiration date of the license.
The city shall also inform the commissioner of a license transfer, cancellation,
suspension, or revocation during the license period.
b. No single entity may hold both a microdistillery cocktail room and taproom
license, and a cocktail room and taproom may not be co-located.
c. A restaurant is not allowed at a microdistillery with a cocktail room license.
***
(16) Microdistillery off-sale license. A microdistillery off-sale license may be issued to the
holder of a microdistillery license issued under Minn. Stat. § 340A.22 subject to the
following conditions:
a. The license permits the sale of one 375 milliliter bottle per customer per day of
product manufactured on site;
b. Off-sale shall be limited to the legal hours for off-sale pursuant to section 3-105;
and
c. No brand may be sold at the microdistillery unless it is available for distribution
to by wholesalers.
City Council Meeting of December 7, 2015 (Item No. 8a) Page 6
Title: Ordinance Amending St. Louis Park City Code Chapter 3, Section 57 Related to Microdistillery Licenses
SECTION 2. This Ordinance shall take effect fifteen days after its passage and
publication.
First Reading December 7, 2015
Second Reading December 21, 2015
Date of Publication December 31, 2015
Date Ordinance takes effect January 15, 2016
ADOPTED this 21st day of December, 2015 by the City Council of the City of St. Louis
Park.
Reviewed for Administration:
___________________________________
City Manager
Adopted by the City Council
_____________________________________
Mayor
Attest:
___________________________________
City Clerk
Approved as to form and execution:
_____________________________________
City Attorney
Meeting: City Council
Meeting Date: December 7, 2015
Action Agenda Item: 8b
EXECUTIVE SUMMARY
TITLE: 4900 Excelsior - Final Plat and Final Planned Unit Development (PUD - First Reading)
RECOMMENDED ACTION:
• Motion to Adopt Resolution approving the Final Plat of PARK COMMONS WEST for
properties at 4760 and 4900 Excelsior Boulevard, subject to conditions.
• Motion to approve First Reading of the Ordinance creating Section 36-268-PUD 2 and
amending the Zoning Map from MX Mixed Use and R-C High Density Multiple Family
Residence to PUD 2 for property bound by Excelsior Boulevard, Quentin Avenue South,
Park Commons Drive and Princeton Avenue South, and to set the Second Reading of the
Ordinance for December 14, 2015.
POLICY CONSIDERATION: Is the Final Plat substantially consistent with the approved
Preliminary Plat with Variances? Does Council support the proposed rezoning of 4760 and 4900
Excelsior Boulevard (EDA lot and former Bally’s site) to Planned Unit Development (PUD) to
accommodate the proposed mixed-use redevelopment?
SUMMARY: Oppidan Inc. is requesting approval of a Final Plat and Final PUD for the
properties at 4760 and 4900 Excelsior Boulevard. The City Council approved the Preliminary
Plat with Variances on May 18, 2015, and approved the Preliminary PUD on September 8, 2015.
The applicant, Oppidan Inc., proposes a six-story, mixed-use building. The development will
include between 164 and 176 apartment units depending upon the unit mix, as well as
approximately 28,228 square feet of commercial space on the first floor, and structured parking.
The proposed commercial uses include a specialty grocery store and small off-sale liquor store.
The plan includes 18 affordable dwelling units consistent with the City’s Inclusionary Housing
policies. As Council is aware, Weidner Apartment Homes will acquire the approved
development from Oppidan. Weidner would like to combine some of the studio and one-
bedroom apartments into two bedroom units, which would result in 12 fewer apartment units,
reduced density, the same number of residential bedrooms, and no changes to the building
massing, parking requirements or traffic generation.
Approval of the Final Plat will combine the two existing parcels into one and dedicate right-of-
way and drainage and utility easements. Approvals of the Final PUD will amend the City’s
zoning ordinance and the zoning map. Approval of the Final PUD requires an affirmative vote of
five City Councilmembers.
FINANCIAL OR BUDGET CONSIDERATION: The Economic Development Authority and
City Council approved tax increment financing and authorized selling land on November 16,
2015.
VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and
diverse housing stock.
SUPPORTING DOCUMENTS: Discussion, Resolution, Ordinance, Zoning Map Amendment,
Traffic Study, Shared Parking Study, Parking Management Plan, Final Plat, Development Plans
Prepared by: Sean Walther, Planning & Zoning Supervisor
Reviewed by: Michele Schnitker, Housing Supervisor
Approved by: Tom Harmening, City Manager
City Council Meeting of December 7, 2015 (Item No. 8b) Page 2
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
DISCUSSION
BACKGROUND: The applicant, Oppidan, proposes to redevelop the former Bally Total
Fitness block bound by Excelsior Boulevard, Quentin Avenue South, Princeton Avenue South,
and Park Commons Drive. The proposal would remove the Bally Total Fitness building and
parking ramp. Oppidan requests approval of a Final Plat and Final PUD for the properties at
4760 and 4900 Excelsior Boulevard to allow construction of a six-story, mixed use building that
includes 28,228 square feet of commercial space including a specialty grocery store and small
off-sale liquor store, a range of 164 to 176 apartment units depending upon the unit mix, and
structured parking. The PUD would amend the zoning map and zoning ordinance for this site.
Unit Mix: As Council is aware, Weidner Apartment Homes will acquire the approved
development from Oppidan. Weidner wants to change the unit mix to have more two bedroom
units. They would achieve this by combining some of the studio and one-bedroom apartments
into two bedroom units, which would result in 12 fewer apartment units, reduced density, no
changes to the building massing, and no increase in parking requirements or traffic generation.
The table below compares the unit mixes and number of affordable units of each type:
Comparison Table.
Unit Type Number of Units Total Bedrooms (Both)
Oppidan Weidner Oppidan Weidner
Studio 34 9 34 9
Studio-60% AMI 4 1 4 1
1-bedroom 77 81 77 81
1-bedroom-60% AMI 9 10 9 10
2-bedroom 47 56 94 112
2-bedroom-60% AMI 5 7 10 14
TOTAL 176 164 228 227
EXISTING CONDITIONS:
Site Area: 2.00 acres
Current Zoning:
MX – Mixed Use,
RC – High Density Multiple Family
Proposed Zoning:
PUD – Planned Unit Development
Comp. Plan: M-X Mixed Use
Neighborhood: Wolfe Park
Current Use: Vacant athletic club
building, parking ramp & vacant lot
Adjacent Land Uses:
North: Park Commons Drive, 3-story
condominiums, Wolfe Park
East: Princeton Avenue South, 4-story mixed-use building
South: Excelsior Boulevard, 1- and 2-story commercial buildings
West: Quentin Avenue South, 2-story office building
City Council Meeting of December 7, 2015 (Item No. 8b) Page 3
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
FINAL PLAT ANALYSIS: The Final Plat, called “Park Commons West”, combines two lots
into one new parcel, dedicates right-of-way to surrounding streets where street easements
currently exist, and it provides drainage and utility easements surrounding the parcel adjacent to
the proposed right-of-way.
Lot: Lot 1, Block 1, Park Commons West will have a lot area of 1.59 acres. This lot is proposed
to be developed with a mixed-use building with 28,228 square feet of ground floor commercial
space and 164 to 176 multiple-family residential units (depending on the unit mix) with parking
under the building. The lot covers an entire block and is bound on four sides by public
roadways.
Block: The block is 290 feet wide by 260 feet deep. It has a perimeter of 1,147 feet which
approaches the optimal block size of 1,300 feet prescribed by the subdivision ordinance.
Right-of-Way Dedication: The area dedicated to surrounding streets replaces existing road
easements.
Utility Easements: The plan provides a 10-foot wide drainage and utility easement along
Excelsior Boulevard as required by the Subdivision Ordinance. The City Council granted
subdivision variances to allow 5-foot wide drainage and utility easements along Quentin Avenue
South, Park Commons Drive, and Princeton Avenue South, instead of 10-foot wide easements
with the preliminary plat.
The Final Plat is substantially consistent with the approved Preliminary Plat with Variances.
Certain private improvements are shown within public drainage and utility easements.
Specifically, along Princeton Avenue, there are encroachments into the proposed drainage and
utility easements including stairways to individual units and private service lines for
communications and gas. Also, upper level decks and possibly a sign extend over the drainage
and utility easements. These encroachments could hinder the public purpose of these easements.
These encroachments will be allowed with an encroachment agreement that makes the property
owner responsible for removing such encroachments or other related costs for public use and
maintenance of the easements. This provision is included in the Planning Development
Contract.
Park and Trail Dedication: The proposed redevelopment increases the intensity of the
development on the property. The City will require park and trail dedication fees to be collected
for the new development. The park dedication fee required will be between $278,914 and
$296,914 and the trail dedication fees will be between $36,900 and $39,600 depending upon the
final unit mix.
Tree Replacement: A number of trees on public and private land will be removed to
accommodate the planned development. The tree replacement requirement is 222.1 caliper
inches. The proposed landscaping plan provides 55 caliper inches. Therefore, $21,593 for cash-
in-lieu of plantings will be collected and directed to the City’s tree fund as a condition of
approval.
City Council Meeting of December 7, 2015 (Item No. 8b) Page 4
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
PUD ANALYSIS:
Comprehensive Plan: The Comprehensive Plan designates the site for “Mixed-Use” and the
current zoning map contemplates mixed-use and high-density residential development on the
property. The proposed PUD would create a new zoning district and zoning regulations for uses
and dimensional standards that are unique to this site and the proposed site and building plans.
The intent of the “Mixed Use” land use designation and the City’s Livable Community design
principles is to create compact, pedestrian-scale, mixed-use buildings, typically with retail,
service or other commercial uses on the ground floor and residential or office uses on upper
floors. Mixed-use is intended to accommodate mixed-income housing, a mix of housing types on
the same block, and higher density development.
The most recent 2030 Comprehensive Plan (adopted in 2009) guides the subject parcels for
mixed-use development and encourages development consistent with Livable Community
Principles.
Staff finds that this site is suitable for the proposed mixed-use development and multiple-family
housing and meets many of the objectives for the Park Commons redevelopment area. The
development will follow the City’s Green Building Policy and is located in a neighborhood that
received LEED-ND certification from the U.S. Green Building Council. Ten percent of the units
will be affordable to households earning 60% of the area median income to create a mixed-
income development and expands housing choices for the community. The site has convenient
access to frequent bus service, Wolfe Park, and other services and businesses along Excelsior
Boulevard, and is within biking distance of the SWLRT regional trail and future Beltline and
Wooddale stations along the Green Line Extension of light rail transit.
The proposed development is a mixed-use building that promotes efficient use of the land,
existing infrastructure, and existing roadway system. The plan places the majority of the parking
under the building; it is screened from view.
The plan provides private rooftop designed outdoor recreation area amenities for its residents on
the second floor. The building design includes active uses at the pedestrian-level along Excelsior
Boulevard, including storefront windows, entrances, high quality building materials, and other
measures to enhance the character at the pedestrian level along Excelsior Boulevard. Portions of
the upper stories are set back to help minimize the visual impact of the building at the pedestrian-
level.
Building and Site Design Analysis: The PUD ordinance requires the City to find that the
quality of building and site design proposed will substantially enhance aesthetics of the site and
implement relevant goals and policies of the Comprehensive Plan. In addition, the following
criteria shall be satisfied:
(1) The design shall consider the project as a whole, and shall create a unified environment
within project boundaries by ensuring architectural compatibility of all structures, efficient
vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and
design and efficient use of utilities.
(2) The design of a PUD shall achieve compatibility of the project with surrounding land uses,
both existing and proposed, and shall minimize the potential adverse impacts of the PUD on
City Council Meeting of December 7, 2015 (Item No. 8b) Page 5
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
surrounding land uses and the potential adverse impacts of the surrounding land uses on the
PUD.
(3) A PUD shall comply with the City’s Green Building Policy.
(4) The use of green roofs or white roofs and on-site renewable energy is encouraged.
[The remainder of the page is left blank intentionally.]
City Council Meeting of December 7, 2015 (Item No. 8b) Page 6
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
ZONING ANALYSIS: The following table provides the development metrics.
Zoning Table.
Factor Required Proposed Met?
Use Mixed-use/Residential Mixed-use/Residential Yes
Lot Area 2.0 acres in an area identified in
the Comprehensive Plan for
redevelopment
2.0 acres (1.59 after the plat) Yes
Density Up to 50 units per acre, or more
with a PUD based on the
Comprehensive Plan designation
103.2 - 110.7 units per acre,
depending upon the unit mix
Yes
Height No maximum with a PUD.
(Current zoning allows 6 stories.)
77 ft. tall; 85 feet to the top of
the tallest trellis feature
Yes
Off-Street
Parking
Parking details provided later in the report.
Yes
Setbacks None with a PUD Front (south) – 5 to 10 ft.
Side (west) – 5 ft.
Side (east) – 1.5 ft. to 5 ft.
Rear (north) – 1.5 ft. to 5 ft.
Yes
Commercial
Use of Ground
Floor Area
None with a PUD 28,228, plus parking and
apartment lobby and rental
office
Yes
Ground Floor
Area Ratio
None with a PUD
0.90 Yes
Floor Area
Ratio
None with a PUD
3.3 (excludes Levels P1 & P2
which are mostly below grade)
Yes
D.O.R.A. 8,311 sq. ft. (12%)
Approx. 11,976 sq. ft. (17%) Yes
Tree
Replacement
222.1 caliper inches
($130 per caliper inch not planted)
55 caliper inches +
Cash-in-lieu ($21,593)
Yes
Landscaping 205 trees 21 trees Yes
213 shrubs 61 shrubs, plus perennial,
annual and vine plantings
Alternative landscaping Partial green roof in the terrace
area, green wall elements,
rooftop amenities on 2nd floor
Transit service Frequently operating service
required for a parking reduction
Frequently operating bus
service Route 12, and 615, 604
Yes
Stormwater Required city and watershed
standards
Stormwater management is
provided underground
Yes
City Council Meeting of December 7, 2015 (Item No. 8b) Page 7
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
Architectural Design:
Height: The proposed building is six stories tall and 77 feet tall (85 feet to the top of the tallest
trellis). Per the zoning code, the height is measured at the front of the building (Excelsior
Boulevard/south side). On the north side, due to the grade change, the parking levels become
exposed, so the building height ranges from 66 to 70 feet above the grade of Park Commons
Drive.
The current RC and MX district zoning allow six stories or more in height. The PUD district
provides the flexibility to allow taller buildings and smaller setbacks, as the City Council deems
appropriate.
Massing:
The massing of the building is broken up with wall deviations on the second though sixth floors.
The central portion of these upper floors step back six feet from the first floor elevation along
Excelsior Boulevard and Park Commons Drive. On Excelsior Boulevard, the sixth floor steps
back 47 feet in the central part of the building. On the Park Commons side the uppermost floor
steps back 26 to 36 feet and is not visible from Park Commons at the ground level. On the
Princeton Avenue side the building steps back 35 feet and on Quentin Avenue it opens up
entirely with a 155-foot setback for the rooftop terrace.
There will be upper level decks that hang over these spaces, but overall this approach helps add
visual interest to the building and helps reduce the impact of the building on the public realm at
the pedestrian level.
Pedestrian-level design elements: The grocery store has storefront windows all along Excelsior
Boulevard. There will be an entrance from a vestibule off Excelsior Boulevard into the
commercial space. The ordinance will require that each commercial use has a direct entrance
from the public sidewalk into the tenant space that is open for customer use during business
hours. The apartment lobby entrance and rental office is at the corner of Excelsior Boulevard
and Princeton Avenue and also provides an active presence along the sidewalk. The PUD
ordinance includes transparency requirements for the pedestrian level storefront windows along
Excelsior Boulevard. On Excelsior Boulevard there are two resident entrance/exit glass
doorways at the sidewalk level.
The pedestrian level glass wraps around the front of the building along Quentin Avenue near the
angled parking; however, here the glass is proposed to be opaque, so there will not be views into
the store due to shelving or store room uses against this wall. A “green” wall is shown near this
corner, too. A glass doorway is provided near the garage entrance on Quentin Avenue as well.
On the east side of the building, along Princeton Avenue, there are staircases leading up to
individual apartment units and decks. These staircases, along with foundation plantings add to
the pedestrian experience.
On the north side of the building, there are staircases to a resident entrance/exit and to the
grocery store parking level. There will be a decorative metal screen on the first floor parking
level. Lower parking levels will be fully enclosed, with a stone exterior building wall and vines
will be planted along the foundation.
City Council Meeting of December 7, 2015 (Item No. 8b) Page 8
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
Exterior Materials: The exterior materials include brick, stone, glass, stucco, and fiber cement
board siding. The building meets or exceeds the minimum requirements for Class I materials.
Shadowing: The shadow study provided by the architect demonstrates the building meets the
City’s shadowing requirements. Changes to the massing along Park Commons also have reduced
the amount of shadowing indicated in earlier plans.
Density: The current zoning of Mixed-Use and High Density Residential zoning districts allow
densities of 50 units per acre. With the PUD zoning district, the density may be increased further.
The proposed density is between 103.2 and 110.7 units per acre, depending on the unit mix.
The appropriateness of the density can be further evaluated based upon projected parking
demand and traffic impacts. As described in later sections of this report, the development does
not impact the overall level of service (LOS) of the surrounding intersections, Excelsior
Boulevard has capacity to handle the traffic generated, and the parking requirements have been
met.
Parking: The parking requirements for the multiple family residential use is based upon the
bedroom count. The total number of bedrooms proposed is 227-228 depending upon the unit
mix. For purposes of the parking analysis below, staff used the higher of the two bedroom
counts. The plan provides the number of parking stalls required by the zoning code for the
residential without any reductions.
The commercial use of the building is eligible for the ten percent transit reduction, which reduces
the required parking by 11 spaces. The parking is summarized in the table below.
There are 99 spaces available at the first floor/ground level. Of the 99 spaces, 66 spaces are off-
street parking stalls located under the building on the first level and 33 are on-street parking
spaces adjacent to site. The P1 and P2 parking levels will have secured access and are not
available to commercial customers. These levels will be restricted to residential tenants, guests,
and commercial employees.
The mix of commercial and residential uses provides an opportunity for shared parking, since
each of these uses have different peak hours of demand. The number of stalls that would be
available to share may be somewhat limited, due to the desire for secure parking for residents
and convenient parking for customers. Staff finds some shared use will be critical to the success
Off-Street
Parking
Requirement
Required Parking Proposed Parking
228 bedrooms 228 spaces Underground spaces
(P1, P2 levels),
including 23 tandem
241 spaces
Commercial
(28,228 sq. ft.)
113 spaces 1st level off-street (66)
and on-street (33)
parking spaces
99 spaces
Minimum required
without reductions
341 spaces Total provided 340 spaces
10% transit reduction (11 spaces )
Minimum required
with reduction
330 spaces Total provided 340 spaces
City Council Meeting of December 7, 2015 (Item No. 8b) Page 9
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
of the project and providing adequate parking for the development. With proper management,
there is an opportunity to share spaces in the P1 Level of the building with employees of the
commercial use, and the site could accommodate guest parking for the residential use in off-
street parking stalls.
The City commissioned a shared parking study, at the applicant’s expense, that was prepared by
Walker Parking Consultants. The parking study was based on 189 dwelling units, not the 164 to
176 units now proposed. Based on the information in that study, if approximately 20 parking
stalls in the P1 Level are available for use by commercial employees and/or residential guests,
the site will meet the projected peak parking demands.
The applicant has agreed to allow at least 20 stalls to be shared with the commercial tenant(s)
and to allow overnight residential guest parking in the first level parking. A Parking
Management Plan has been submitted, it is included as an Official Exhibit, and it is attached for
review. Staff finds the Parking Management Plan meets the needs identified in the shared
parking study, provided the shared parking is secured through a permanent agreement.
A permanent agreement for shared parking must be submitted prior to issuance of building
permits (excluding demolition permits) for City Attorney review and administrative approval.
This requirement is included in the Planning Development Contract.
The plan also provides the bicycle parking as required by City Code requirements. There will be
a combination of secured parking for the residents in the building and exterior customer and
guest bicycle parking at the sidewalk level.
Access: The site can be accessed from all four surrounding streets. There is on-street parking, a
bus stop, and sidewalk access directly from Excelsior Boulevard. The commercial parking lot on
the main level has two full access points. One is on Princeton Avenue and the other on Quentin
Avenue. The parking lot design allows an efficient movement for vehicles through the parking
lot. Also, the access to the secured parking for residential and employee parking is off of Park
Commons Drive and separate from the commercial parking. On-street parking is also provided
on Quentin Avenue, Park Commons Drive and Princeton Avenue with sidewalk connections
around the entire site. Staff anticipates parking restrictions will be needed to ensure convenient
access for commercial customers and overnight residential guest parking. This can be explored
further when the opening of the project approaches and can be changed by City Council after it is
open and operating.
The proposed loading area for the grocery store is similar to the Trader Joe’s building with trucks
backing up from the street into the loading area off of Quentin Avenue. The depth is sufficient
that semi-tractor trailers will not block traffic on Quentin, and shorter service vehicles will not
impede the sidewalks. City Council has suggested limiting the hours of operation of the loading
docks to be conscientious to residents above and across the street. The proposed ordinance limits
hours of operation, including loading/unloading of deliveries, to between 6 a.m. and 12 a.m.
Traffic: A traffic study by Spack Consulting was submitted with the application. The study was
based on 183 dwelling units, so the reduction to 164 to 176 units will reduce the projected trips
generated. A copy of the study is attached for your review (Appendices C and D were excluded
due to the size of the report).
City Council Meeting of December 7, 2015 (Item No. 8b) Page 10
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
The study concludes that Excelsior Boulevard has capacity to handle the additional traffic, and
the impact of the proposed development will not significantly impact the level of service (LOS)
for the intersections surrounding the site or Excelsior Boulevard adjacent to the site. The study
concludes that no mitigation is required. The Engineering Department reviewed the study and
concurred with the findings. The City has subsequently hired SRF Consulting Group to further
review the traffic generated from this and another nearby proposed development. The combined
traffic generation did not change the conclusions of the traffic study. The intersections
surrounding the development will operate acceptably overall. The only projected change to LOS
was for left turns from westbound Excelsior Boulevard to southbound Quentin Avenue in the
peak hour. The “no build” scenario results in LOS D and the “build” scenario is LOS E. The
Engineering Department is working with Hennepin County to potentially install a flashing
yellow arrow for left turns at this intersection.
Further study regarding the traffic operations of specific intersections in the area was conducted
and presented to residents in the area on September 29, and later discussed by the City Council at
the October 19 and November 9 study sessions. These studies all concluded that the impacts of
this development will not adversely impact operations, beyond what was described previously
for the left turn from westbound Excelsior Boulevard to southbound Quentin Avenue South.
Potential changes to the intersection of Park Commons Drive and Monterey were discussed at
the most recent meetings, but traffic from 4900 Excelsior Boulevard was not a significant factor.
Setbacks: The plan provides setbacks ranging from 5.0 feet to 10.0 feet on the south side, 5.0
feet on the west side, and 1.5 feet to 5.0 feet on the east side, and 1.5 feet to 5.0 feet on the north
side. The reason for the range of setbacks is that staircases and decks will extend out from the
building.
Some of the decks are built over, and the staircases along Princeton Avenue and Park Commons
Drive are built upon, drainage and utility easements. Since overhead utilities would be
discouraged in these locations, and space is available on the Quentin side, the City Council may
allow these encroachments provided the property owner is responsible for the costs to remove
the stairs or decks if needed to access the easements for public purposes. This requirement will
be included in the Planning Development Contract that will bind current and future property
owners.
Designed Outdoor Recreation Area (DORA): The plan indicates 17% of the lot area is
provided for DORA. By staff’s calculation approximately 20% of the area is eligible for DORA.
These spaces are provided exclusively on the private rooftop terraces. The plan meets the DORA
requirement.
Landscaping: The landscaping plan provides 21 of the 204 trees, and provides 61 of the 213
shrubs, that are required by City Code. The plan includes perennials, annuals and vines on the
site as well. All of the trees provided will be street boulevard trees and arranged in landscaped
boulevard areas. Concept plans have indicated large planter pots will be provided along the
south foundation.
The proposed Excelsior Boulevard streetscape has been redesigned to incorporate additional
boulevard landscaping, instead of relying on trees in grates/vaults. The plan also incorporates
planted boulevards, foundation plantings, or a combination thereof. The plan tries to balance
City Council Meeting of December 7, 2015 (Item No. 8b) Page 11
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
other site design interests including maintenance, maintaining visibility of the storefront, and
accessibility of the on-street parking.
There are also alternative landscaping components provided. Amenities are provided on the
second floor terraces. One of the second floor terraces includes a partial green roof. The first
floor of the building includes green wall features. Also, the plan includes an art mural on the
northwest corner of the building at the pedestrian level.
In the Planning Development Contract, it stipulates the artist and artwork will be selected with
public input through a City-led process. While the details of the process have yet to be defined,
it is expected that a small group that includes representation from the neighborhood, staff and
developer would be included. Council will likely be asked to approve the list of
City/Neighborhood representatives at a later date.
Waste Storage: The trash is proposed to be managed inside the building. The main residential
trash and recycling room is on the P1 Level, and smaller rooms and chutes are provided on each
residential floor. Garbage haulers will roll the trash out to the truck and back into the building to
avoid trash cans being stored outside on collection days. The commercial trash and recycling will
be stored on Level 1 within the loading area under the building near Quentin Avenue. Hours of
waste collection is limited by the City’s licensing rules. Both trash and recycling chutes will be
provided in the building. The plans also indicate space that would be available if organics
collection is available. The Operations and Recreation Department staff reviewed the plans and
adequate space has been provided.
Utilities: The plans have been reviewed by Engineering and Inspections staff. The system will
meet the City Code requirements and the City’s services have capacity to serve the development.
The stormwater management and erosion control plans also require review and approval by the
Minnehaha Creek Watershed District (MCWD). The on-site stormwater management system
will be privately-owned and privately-maintained.
PUBLIC INPUT: The Developer held a neighborhood meeting on Wednesday, April 8, to
present the proposed development, respond to questions, and learn about resident’s concerns.
The meeting was well-attended with approximately 60 people.
The major concerns expressed at the neighborhood meeting included: 1) traffic, including
congestion on Excelsior Boulevard, capacity of the Quentin Avenue intersection, and cut through
traffic in the neighborhoods to the south and on Park Commons Boulevard; 2) adequate parking
and access; 3) the building height, including the fit in the area, the impact to the feel along the
sidewalks, blocking views/sun, and general density of the development; and 4) the sustainability
of the market demand for more apartments and another grocery store in this area.
Other issues that were mentioned included hours of operation for the grocery store, the similarity
of the building design to Ellipse on Excelsior and other recent developments, lighting impacts,
and property tax impacts if the City provides financial assistance to the developer.
There were also several residents that attended and spoke at the public hearing on April 15, 2015,
where similar concerns were expressed.
City Council Meeting of December 7, 2015 (Item No. 8b) Page 12
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
PLANNING COMMISSION: The Planning Commission recommended approval of the
preliminary plat, though they did not support the subdivision variances. City Council approved
the preliminary plat with variances.
As previously stated in the report, the Planning Commission recommended denial of the
Preliminary PUD. Following the Planning Commission meeting, the applicant made revisions to
the proposal to try to address concerns raised by the Planning Commissioners and other public
input, including, but not limited to eliminating 13 to 25 units, stepping back the portions of the
upper floors, and improving the appearance of the first floor of the building.
The revised plans responded to several of the concerns and issues raised by residents, Planning
Commissioners, and City Council through the public review process. Iterations of the plan were
presented in detail in the staff reports and presentations to the City Council at its May 18 regular
meeting, June 8 study session, and August 17 study session. Staff also presented an assessment
of Excelsior Boulevard traffic capacity to City Council at its August 10 study session.
CITY COUNCIL: At the November 16, 2015 City Council meeting a few residents spoke
during the TIF public hearing and asked questions about the shadowing and reiterated concerns
about parking and traffic generated by the development.
City Council Meeting of December 7, 2015 (Item No. 8b) Page 13
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
RESOLUTION NO. 15-____
RESOLUTION GRANTING APPROVAL OF FINAL PLAT
PARK COMMONS WEST
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Oppidan Development, subdivider of the land proposed to be platted as Park
Commons West has 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.
2. 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.
3. The final plat is consistent with the Preliminary Plat with Subdivision Variances
approved by City Council Resolution No. 15-072 on May 18, 2015.
3. The proposed final plat is situated upon the following described lands in
Hennepin County, Minnesota, to-wit:
Outlot H, PARK COMMONS EAST, Hennepin County, Minnesota.
And:
Commencing at a point in the center line of Excelsior Avenue distant 313.25 feet
Northeasterly from its intersection with the Westerly line of the Northeast Quarter
of the Northwest Quarter of Section 7, Township 28, Range 24, Hennepin County,
Minnesota; thence Northwesterly at right angles from the center line of said
Excelsior Avenue a distance of 310.0 feet; thence Northeasterly along a line
parallel to said center line to the most Westerly comer of Registered Land Survey
No. 832; thence Southeasterly along the Westerly line of said Registered Land
Survey and its extension Southeasterly to the center line of Excelsior Avenue;
thence Southwesterly along said center line to the place of beginning; all in said
Section 7, Township 28, Range 24, according to the United States Government
Survey thereof and situate in Hennepin County, Minnesota.
Conclusion
1. The proposed final plat of Park Commons West 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:
City Council Meeting of December 7, 2015 (Item No. 8b) Page 14
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
A. The final plat shall be consistent with the City Council resolution, Official
Exhibits, Planning Development Agreement and City Code.
B. All utility service structures shall be buried. If any utility service structure
cannot be buried (i.e. electric transformer), it shall be integrated into the building
design and 100% screened from off-site.
C. The tree replacement fee of $21,593, park dedication fee of $278,914 - $296,914
(depending on the final unit count), and trail $36,900 - $39,600 (depending on the
final unit count), shall be paid to the City of St. Louis Park prior to signing the
final plat and releasing it to be recorded with Hennepin County.
D. A financial security in the form of a cash escrow or letter of credit in the
amount of $1,000 shall be submitted to the City to insure that a signed Mylar copy
of the final plat is provided to the City.
E. A financial security in the amount of $5,000 shall be submitted to the City to
ensure the placement of iron monuments on all property corners. The surveyor
shall provide the City written verification that the monuments were set.
F. A permanent shared parking agreement between the commercial and residential
uses shall be recorded upon filing of the final plat and prior to issuance of
building permits for the development. Said agreement shall be in a form approved
by the City Attorney.
F. Prior to signing the final plat, a development agreement shall be executed
between the City and Developer that addresses, at a minimum:
1) A performance guarantee for 1.25 times the estimated costs for the
installation of all public improvements, placement of iron monuments
at property corners, landscaping and irrigation.
2) The applicant shall reimburse City attorney’s fees in drafting and
reviewing such documents as required in the final plat approval.
3) Prior to starting any land disturbing activities (excluding demolition),
the following conditions shall be met:
a. City approval of the final plat.
b. Proof of recording the final plat shall be submitted to the City.
c. Assent Form and Official Exhibits must be signed by the applicant
and property owner(s).
d. Final construction plans for all public improvements shall be
signed by a registered engineer and submitted to the City Engineer
for review and approval.
e. A preconstruction meeting shall be held with the appropriate
development, construction, private utility, and City representatives.
f. All necessary permits must be obtained.
g. A performance guarantee in the form of cash escrow or
irrevocable letter of credit shall be provided to the City of St.
Louis Park for all public improvements (sidewalks, utilities,
street lights, landscaping, irrigation, etc.) and the private site
landscaping.
h. Encroachment agreement that assigns to the property owner the
responsibility and costs for removing decks and stairs located upon
or above public easements and other related costs for public use
and maintenance of the easements.
i. Permanent shared parking agreement and Parking Management
Plan in a form approved by the City Attorney.
City Council Meeting of December 7, 2015 (Item No. 8b) Page 15
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
G. Prior to starting any land disturbing activities (excluding demolition), the
following conditions shall be met:
1) Proof of recording the final plat shall be submitted to the City.
2) Assent Form and Official Exhibits must be signed by the applicant and
property owner(s).
3) Final construction plans for all public improvements shall be signed by a
registered engineer and submitted to the City Engineer for review and
approval.
4) A preconstruction meeting shall be held with the appropriate development,
construction, private utility, and City representatives.
5) All necessary permits must be obtained.
6) A performance guarantee in the form of cash escrow or irrevocable letter
of credit shall be provided to the City of St. Louis Park for all public
improvements (sidewalks, utilities, street lights, landscaping, irrigation,
etc.) and private site landscaping.
2. The City Clerk is hereby directed to supply two certified copies of this Resolution
to the above-named owner and subdivider, who is the applicant herein.
3. 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 in Paragraph
No. 1 above and the St. Louis Park Ordinance Code have been fulfilled.
4. 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.
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 16, 2015
City Manager Mayor
Attest:
City Clerk
City Council Meeting of December 7, 2015 (Item No. 8b) Page 16
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
ORDINANCE NO.____ -15
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
CREATING SECTION 36-268-PUD 2 AS A PLANNED UNIT DEVELOPMENT
ZONING DISTRICT FOR THE PROPERTY LOCATED AT
4760 AND 4900 EXCELSIOR BOULEVARD
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 15-03-S and 15-04-PUD) for amending the Zoning Ordinance to create a
new Planned Unit Development (PUD) Zoning District.
Sec. 2. The Comprehensive Plan designates this property as Mixed Use.
Sec. 3. The legal description for the property this PUD applies to is as follows:
Outlot H, PARK COMMONS EAST, Hennepin County, Minnesota.
And:
Commencing at a point in the center line of Excelsior Avenue distant 313.25 feet
Northeasterly from its intersection with the Westerly line of the Northeast Quarter of the
Northwest Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota;
thence Northwesterly at right angles from the center line of said Excelsior Avenue a
distance of 310.0 feet; thence Northeasterly along a line parallel to said center line to the
most Westerly comer of Registered Land Survey No. 832; thence Southeasterly along the
Westerly line of said Registered Land Survey and its extension Southeasterly to the
center line of Excelsior Avenue; thence Southwesterly along said center line to the place
of beginning; all in said Section 7, Township 28, Range 24, according to the United
States Government Survey thereof and situate in Hennepin County, Minnesota.
(To be platted and legally described as Lot 1, Block 1, Park Commons West, Hennepin
County, Minnesota;)
And extending to the center line of all adjacent right-of-way.
Sec. 4. The St. Louis Park Ordinance Code, Section 36-268 is hereby amended to add the
following Planned Unit Development Zoning District:
Section 36-268-PUD 2.
(a). Development Plan
City Council Meeting of December 7, 2015 (Item No. 8b) Page 17
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
The site shall be developed, used and maintained in conformance with the following
Final PUD signed Official Exhibits:
C1.0 Cover Sheet
C2.0 Demolition Plan
C2.1 Phase I Erosion Control Plan
C2.2 Phase II Erosion Control Plan
C2.3 Erosion Control Details
C3.0 Site Plan
C4.0 Grading and Drainage Plan
C4.1 P-01 Drainage Plan
C4.2 P-02 Drainage Plan
C4.3 Stormwater Details
C5.0 Utility Plan
L100 Landscape Plan
A001 Site Plan
A002 Floor Plans
A003 Floor Plans
A004 Floor Plans
A005 Floor Plans
A006 Rendering
A007 Elevations
A008 Elevations
A009 Elevations
E001 Exterior Lighting Plan
PP2 Preliminary Plat
Final Plat
Zoning Map Amendment Exhibit
Parking Management Plan
The site shall also conform to the following requirements:
(1) The property shall be developed with 164 to 176 multiple family dwelling units
totaling not more than 228 bedrooms, and not more than 28,250 square feet of
commercial space.
(2) Parking will be provided in parking ramps and adjacent on-street parking bays.
Three-hundred thirty-nine (340) parking spaces will be provided: 241 spaces for
residential units, 66 spaces for commercial uses, and 33 on-street spaces. At least
20 of parking spaces on Level P1 will be available for shared parking for
employees of the commercial uses and residential guest parking.
(3) The maximum building height will be 77 feet and six stories tall, plus up to an
additional eight feet for the rooftop metal trellis architectural elements.
(4) The development site shall include a minimum of 12 percent designed outdoor
recreation area based on private developable land area.
City Council Meeting of December 7, 2015 (Item No. 8b) Page 18
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
(b) Permitted uses. The following uses are permitted in the PUD 2 district.
(1) Multiple family uses.
(c) Uses permitted with conditions. A structure or land in the PUD 2 district may be
used for one or more of the following uses if it complies with the conditions specified for
the use in this subsection:
(1) Commercial uses. Commercial uses limited to the following: bank, food service,
grocery store, large item retail, liquor store, medical or dental office, office,
private entertainment (indoor), retail, service, showroom and studio. These
commercial uses shall meet the following conditions:
a. Commercial uses are limited to the first floor.
b. Hours of operation, including loading/unloading of deliveries, for commercial
uses shall be limited to 6 a.m. to 12 a.m.
c. In-vehicle sales or service is prohibited.
d. Restaurants are prohibited.
e. Outdoor storage is prohibited.
(2) Civic and institutional uses. Civic and institutional uses are limited to the
following: education/academic, indoor public parks/open space, libraries,
museums/art galleries, police service substations, post office customer service
facilities, public studios and performance theaters.
(d) Accessory uses
Accessory uses are as follows:
(1) Parking ramps.
(2) Incidental repair or processing which is necessary to conduct a permitted use and
not to exceed ten percent of the gross floor area of the associated permitted use.
(3) Home occupations complying with all of the conditions in the R-C district.
(4) Catering, if accessory to a food service, grocery store or retail bakery.
(5) No outdoor uses or storage allowed.
(f) Special Performance Standards
City Council Meeting of December 7, 2015 (Item No. 8b) Page 19
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
(1) All general zoning requirements not specifically addressed in this ordinance must
be met, including but not limited to outdoor lighting, architectural design,
landscaping and all screening requirements.
(2) Each commercial tenant space on the first floor shall have a direct and primary
access to the outside of the building that is open during business hours.
(3) All trash handling and loading areas must be inside of the building and screened
from view.
(4) Signs shall be allowed in conformance with the following conditions:
a. Pylon signs are not permitted; and
b. Maximum allowable number, size and height of signs shall be regulated by
section 36-362 per the MX district regulations.
(5) Façade. The following façade design guidelines shall be applicable to all ground
floor non-residential facades located in the mixed-use building facing Excelsior
Boulevard:
a. Façade Transparency. Windows and doors shall meet the following
requirements:
1. For street-facing facades, no more than 10% of total window and door
area shall be glass block, mirrored, spandrel, frosted or other opaque glass,
finishes or material including window painting and signage. The
remaining 90% of window and door area shall be clear or slightly tinted
glass, allowing views into and out of the interior.
2. Visibility into the space shall be maintained for a minimum depth of three
feet. This requirement shall not prohibit the display of merchandise.
Display windows may be used to meet the transparency requirement.
(5) Awnings.
a. Awnings must be constructed of heavy canvas fabric, metal and/or glass.
Plastic and vinyl awnings are prohibited.
b. Backlit awnings are prohibited.
(6) Use of Sidewalk. A business may use that portion of a sidewalk extending a
maximum of five feet from the building wall for the following purposes, provided
a six-foot minimum horizontal clearance along Excelsior Boulevard is maintained
between obstructions on public sidewalks and provided that all activity is
occurring on private property:
a. Display of merchandise.
b. Benches, planters, ornaments and art.
c. Signage, as permitted in the zoning ordinance.
d. Dining areas may extend beyond five feet of the building, provided six
feet minimum horizontal clearance along Excelsior Boulevard is
maintained between the obstructions on the sidewalk. An agreement shall
be obtained for any temporary private use of public land for seating upon
any public right-of-way or easements.
City Council Meeting of December 7, 2015 (Item No. 8b) Page 20
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
Sec. 4. The contents of Planning Case File 15-03-S and 15-04-PUD are hereby entered
into and made part of the public hearing record and the record of decision for this case.
Sec. 5. This Ordinance shall take effect fifteen days after its publication.
Public Hearing April 15, 2015
First Reading December 7, 2015
Second Reading December 14, 2015
Date of Publication
Date Ordinance takes effect
Reviewed for Administration Adopted by the City Council December 14,
2015
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
City Council Meeting of December 7, 2015 (Item No. 8b) Page 21
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)
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City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 34
1Traffic Impact Study A Excelsior Blvd Mixed-Use
Appendix A - Figures
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 35
2Traffic Impact Study A Excelsior Blvd Mixed-UseAppendix A - FiguresCity Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 36
3Traffic Impact Study A Excelsior Blvd Mixed-Use
Appendix A - Figures
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 37
! " ! #"
! " ! #" 4Traffic Impact Study A Excelsior Blvd Mixed-UseAppendix A - FiguresCity Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 38
Daily VolumesDAILYENTER EXIT INTERNAL INTERNAL PASSBY PASSBYRATE PERCENT PERCENT PERCENT TRIPS PERCENT TRIPS ENTER EXITApartment220 1,000 GFA 183.0 6.65 50% 50% 15% 183 0%0 517 517Grocery Store850 1,000 GFA 29.8 102.24 50% 50% 15% 457 0%0 1,294 1,294TOTALS6390 1,811 1,811AM Peak HourAM ENTER EXIT INTERNAL INTERNAL PASSBY PASSBYRATE PERCENT PERCENT PERCENT TRIPS PERCENT TRIPS ENTER EXITApartment220 1,000 GFA 183.0 0.51 20% 80% 11% 10 0%014 70Grocery Store850 1,000 GFA 29.8 3.40 62% 38% 11% 11 0%057 33TOTALS21071 103PM Peak HourPM ENTER EXIT INTERNAL INTERNAL PASSBY PASSBYRATE PERCENT PERCENT PERCENT TRIPS PERCENT TRIPS ENTER EXITApartment220 1,000 GFA 183.0 0.62 65% 35% 15% 17 0%065 31Grocery Store850 1,000 GFA 29.8 9.48 51% 49% 15% 42 0%0 123 117TOTALS590 188 148NOTES:1. GFA = Gross Floor Area2. All trip generation rates based on "Trip Generation", Institute of Transportation Engineers, 9th Edition unless otherwise noted.3. Reduction for internal trips (Internal Percent) is based on "Trip Generation Handbook", Institute of Transportation Engineers, 2nd Edition.4. No reduction made for passby trips due to the location of the site accesses. Most passbys will likely be from Excelsior Blvd, so they are just treated as new trips.5. A.M. Trip Generation is for the peak hour of adjacent street traffic (one hour between 7 and 9 a.m.).6. P.M. Trip Generation is for the peak hour of adjacent street traffic (one hour between 4 and 6 p.m.).NEW TRIPSLAND USEITECODE #DEVELOPMENTUNITS (GFA)QUANTITYNEW TRIPSLAND USEITECODE #DEVELOPMENTUNITS (GFA)QUANTITYNEW TRIPSLAND USEITECODE #DEVELOPMENTUNITS (GFA)QUANTITYTable B1Forecast Trip GenerationAppendix B - Trip Generation TableTraffic Impact StudyB1Excelsior Blvd Mixed-UseCity Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 39
April 3, 2015
Mr. Sean Walther
Senior Planner
CITY OF ST. LOUIS PARK
5005 Minnetonka Blvd.
St. Louis Park, MN 55416
Re: 4900 Excelsior Boulevard – St. Louis Park, MN
Shared Parking Analysis
Walker Project # 21-4092.00
Dear Mr. Walther,
Walker Parking Consultants (“Walker”) is pleased to submit the findings that resulted from the
Shared Parking Analysis prepared for the 4900 Excelsior Boulevard mixed-use Development
(the “Development”) in St. Louis Park, Minnesota.
INTRODUCTION
The proposed Development will reside on the former site of Bally Total Fitness on the north
side of Excelsior Boulevard. The site is bound by Quentin Avenue S on the west, Park
Commons Drive on the north and Princeton Avenue on the east.
Three vehicular access points are planned, with resident parking access proposed on the
north off Park Commons Drive and access for grocery store and resident guest parking
planned off Quentin Avenue on the west and off Princeton Avenue on the east. Additionally,
there is a bus stop located on the southwest corner of the Development that serves patrons
traveling eastbound, as well as a second bus stop on the northeast corner of Excelsior
Boulevard and Quentin Avenue S that serves customers traveling westbound.
The City of St. Louis Park (the “City”) engaged Walker to assist them to determine the number
of parking spaces needed to serve the Development, assuming the effects of the Urban
Land Institute’s (ULI) Shared Parking1. An aerial view of the proposed site is shown on the
following page in (Figure 1).
1 Shared Parking, second edition, ULI-Urban Land Institute and the International Council of Shopping Centers, Mary Smith, 2005
1660 South Highway 100
Suite 424
Minneapolis, MN 55416
Tel: 952.595.9116
Fax: 952.595.9516
www.walkerparking.com
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 40
Mr. Sean Walther
April 3, 2015
Page 2
Figure 1: 4900 Excelsior Boulevard – Proposed Development Site
Source: Bing Maps
LAND USES
Based upon Walker’s discussion with the City, at full build-out the Development will contain
183 residential units, a 28,200 ± square foot specialty grocery store and possibly a liquor store.
We utilized this information to develop a Shared Parking demand model that depicts the
approximate parking supply of spaces needed to accommodate the projected peak-hour
parking demand for the site.
PARKING SUPPLY
The inset table details the parking supply proposed
by Oppidan Investment Company (the
“Developer”), to accommodate the anticipated
peak-hour parking demand generated by the
Development. In total, 339 spaces are planned; 33
on street, 66 in a surface lot adjacent to the site,
and 240 in a below-grade parking structure.
Location Supply
On-Street 33
Surface Lot 66
P1 172
P2 45
Tandem 23
Total Supply 339
Parking Supply (projected)
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 41
Mr. Sean Walther
April 3, 2015
Page 3
ZONING CODE REQUIREMENT
Historically, city planners calculate parking demand for each land use as a stand-alone
entity; assuming that each use requires an independent supply of spaces. This action
typically guarantees code requirements that result in a parking surplus.
In reality and contrary to the estimated code requirement, fluctuating patterns of demand
typically allow different land uses to share some or all of the same parking spaces; thereby,
reducing the total supply needed to support development. Moreover, the more the
individual utilization patterns of land uses differ from each other, the more complimentary
they are to sharing the available parking supply. For example, office and hotel components
are complimentary, as they experience peak demand periods at different times of the day,
on different days of the week.
A comparison of the zoning code requirement, as calculated by Walker, to the weekday
(398 ± spaces) and weekend day (400 ± spaces) unadjusted parking demand calculation
established using the Shared Parking methodology is included below in Table 1.
Pursuant to the City code, the grocery/liquor store will require one (1) space per 250 gross
square feet and the residential component will require one (1) space per bedroom.
Furthermore, the code allows a transit reduction of 10% for commercial uses that are located
within one-quarter mile of a transit stop. The code also allows the on street spaces
immediately adjacent to the site to count toward the minimum parking supply on a one to
one basis, as well as for a reduction for Shared Parking, if supporting data is provided.
Walker’s estimate of the code requirement for the Development, assuming a transit
reduction, is 348 ± spaces as shown below.
Table 1: Unadjusted Parking Demand/ St. Louis Park Zoning Code (estimated)
Source: St. Louis Park Zoning Code, Walker Parking Consultants (estimated)
Land Use Unit 2 Base Ratio Unit Demand Base Ratio Units Demand Base Ratio Units Demand
Specialty Grocery 28,228 3.50 /ksf GLA 99 3.70 /ksf GLA 104 4.00 /ksf GLA 113
Employee 0.60 17 0.50 14
Residential Guests 189 0.10 /unit 19 0.10 /unit 19
Studio/Efficiency 4 1.00 /unit 4 1.00 /unit 4 1.00 /eff unit 4
1 bedroom 128 1.40 /unit 179 1.40 0.00 179 1.00 /1br unit 128
2 bedroom 57 1.40 /unit 80 1.40 0.00 80 2.00 /2 br unit 114
Subtotal Customer/Guest 118 123
Subtotal Employee/Resident 280 277
SUB TOTAL 359
less Transit allowance (10% of commercial)(11)
TOTAL 398 400 348
Notes:
1 Unadjusted demand per Shared Parking.
2 Unit of measure; square feet for grocery, number of units for residential component.
Weekdays 1 Weekends 1 Local Zoning Rquirement
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 42
Mr. Sean Walther
April 3, 2015
Page 4
PARKING DEMAND RATIOS
The base parking demand ratios used in Urban Land Institute’s Shared Parking were
developed by observing hourly accumulations of vehicles around standalone land-uses
during the course of a typical year (365 consecutive days) and identifying design conditions
for weekdays as well as for a weekend day. At the peak-hour of the year a comparison was
made between the total number of cars parked and a designated key unit of measure
specific to each land-use (e.g. square footage for many land-uses, rooms for hotels or
bedrooms per residence). Additionally, some ratios were supplemented through added
fieldwork.
Due to the mixed-use nature of the proposed Development, as well as potential variations
in operating hours and peak parking demand times associated with the proposed
grocery/liquor store, a Shared Parking analysis should prove beneficial in assessing the
projected peak-hour parking demand for the site.
Given the above, to prepare this analysis we utilized the mixed use parking standards
established in Shared Parking to project the approximate peak-hour parking demand;
moreover, we applied both month and time of day adjustments for each land use to the
individual parking ratios. The ratios used for analysis are shown in the following table.
Table 2: Base Parking Demand Ratios
Source: Walker Parking Consultants
We used the base ratios shown above and considered the following three factors when
developing the Shared Parking model:
1) Non-captive Ratio. Non-captive ratios are typically expressed as a percentage of
users who create no incremental parking demand when visiting more than one land
use on the same trip (e.g. an office employee that walks to a retailer to shop or eat
lunch or a resident shopping at the grocery store). Overall, the effect of the captive
market can be significant, and the use of non-captive factors ensures that patrons
are not counted twice in the overall estimated parking demand. The non-captive
ratios assumed for this analysis assume that 3% of the residents are captive with regard
to using the specialty grocery/liquor store. This assumption is based on observations
and shared use studies compiled over time at other mixed-use Developments
throughout North America.
Land Use Visitor Emp./User Visitor Emp./User Unit Source Weekday Weekend
Specialty Grocery 3.50 0.60 3.70 0.50 /ksf GLA 5 4.10 4.20
Residential : Studio 0.10 1.00 0.15 1.00 /unit 4 1.10 1.15
Residential: 1 Bedroom 0.10 1.40 0.10 1.40 /unit 4 1.50 1.50
Residential: 2 Bedroom 0.10 1.40 0.10 1.40 /unit 4 1.50 1.50
Source:
4. Recommended Zoning Ordinance Provisions for Parking Washington DC: National Parking Association
5. Field study of Whole Foods (8 locations), Trader Joes (4 locations) and Wild Oats (2 locations).
Weekday Weekend Total
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 43
Mr. Sean Walther
April 3, 2015
Page 5
2) Presence Factor - Presence is expressed as a
percentage of the peak potential demand
modified for time of day and month of year, which
can have a significant effect on demand at a
mixed-use Development. For example, a 10,000 sf
retail store has a peak demand of about 36 spaces
on a weekday and 40 spaces on a weekend day
during the peak-hour (11:00 AM); while the same
store is unlikely to project any parking demand at
11:00 PM.
3) Driving Ratio - Driving ratio represents the percentage of users arriving at the site by
means other than a personal vehicle. According to the U.S. Census “Journey to Work”
statistics shown in the inset table, about eighty-seven percent (87%) of the St. Louis
Park residents drive to work.
Typically, adjustments made to the driving ratio mirror the “Journey to Work” statistics for the
demographic area. However, if the proposed land-use(s) are service oriented, similar to the
grocery/liquor store proposed for the Development, an additional adjustment of -5% is
applied to the driving ratio. This assumes that service employees are more likely to utilize
public transportation or carpool to work rather than drive; which differs from office workers
that may require the higher drive ratio represented in the Journey to Work statistics. The
various adjustments made to the base parking demand ratios, in an effort to render project
specific projections, are shown in the following table.
Table 3: Adjustments to Base Ratios for Driving and Captive Users
Source: Walker Parking Consultants
Using the land-use data provided by the City, Walker developed the Shared Parking model
detailed in the next section, which projects the approximate number of spaces needed to
provide adequate parking on weekdays and weekend days during peak-hour demand
conditions.
Drive to Work
Drive Alone 78.5%
Carpool 8.7%
Sub-Total - Drive 87.2%
Other Means
Public Transportation 6.1%
Taxi 0.3%
Bicycle 0.4%
Walk 2.0%
Work at Home 4.0%
Sub Total - Other 12.8%
Total 100.0%
Journey to Work - St. Louis Park, MN
Land Use Quantity Unit Daytime Evening Daytime Evening Daytime Evening Daytime Evening
Specialty Grocery 28,228 GLA 100% 100% 100% 100% 97% 97% 97% 97%
Employee 82% 82% 82% 82% 100% 100% 100% 100%
Studio/Efficiency 4 units 97% 97% 97% 97% 100% 100% 100% 100%
1 bedroom 128 units 97% 97% 97% 97% 100% 100% 100% 100%
2 bedroom 57 units 97% 97% 97% 97% 100% 100% 100% 100%
Driving Ratio
Weekday Weekend
Non Captive Ratio
Weekday Weekend
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 44
Mr. Sean Walther
April 3, 2015
Page 6
SHARED PARKING
Walker has conducted numerous studies and consulted with leading organizations such as
the Institute of Transportation Engineers, ULI and the International Council of Shopping
Centers to determine appropriate parking demand ratios for use when developing Shared
Parking models.
Parking demand is influenced by the time of year, such as when the volume of patronage
for a retail establishment peaks during the holiday season and decreases rapidly thereafter.
Retailers typically report peak annual activity for the two weeks prior to Christmas, and during
this time parking demand may equal 100 percent of the peak projections for a particular
site. Inversely, office demand often decreases during the same period, as employees are
often absent or away on vacation. These variations by time of day and time of year were
assumed for this analysis and applied to our Shared Parking model.
Finally, parking demand is a fluid force, subject to variations according to the availability of
alternative transportation, proximity of complimentary land uses, differences in user
presence by time of day and time of year, building occupancy rates and a host of other
factors. Conversely, the available parking supply tends to be a fixed quantity, limited by the
amount of space that can be allocated on a given site for parking.
Assuming the effects of Shared Parking, the projected weekday peak-hour parking demand
for the Development is 331 ± spaces, on the busiest weekday annually. The peak-hour
demand, which is projected to occur in May at 5:00 PM, is calculated based upon the driving
and non-captive ratios as well as the presence factors (peak-hour adjustments) shown in the
following table. As depicted, the projected peak-hour weekday demand represents a 17%
or 67 space reduction from the unadjusted weekday parking demand projected for the site.
Table 4: Peak-Hour Demand – Weekday (projected)
Source: Walker Parking Consultants
Weekday Unadjusted Adjustment Pk Hr Adj Non Captive Drive Ratio May May
Land Use Demand May 5:00 PM Daytime Daytime 5:00 PM 6:00 PM
Specialty Grocery 99 100%97%97% 100%93 72
Employee 17 100%90% 100% 82%13 11
Residential Guests 19 100%40% 100% 100%8 11
Residential Unreserved 263 100%85% 100% 97%217 230
Subtotal Customer/Guest 118 101 83
Subtotal Employee/Resident 280 230 241
Total Parking Spaces Required 398 331 324
% reduction 17%
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 45
Mr. Sean Walther
April 3, 2015
Page 7
In addition to the weekday peak-hour parking demand, the projected weekday demand
by time of day (twelve-hour period from 9:00 AM until 9:00 PM), is shown graphically below
in Figure 2.
Figure 2: Parking Demand by Time of Day – Weekdays (projected)
Source: Walker Parking Consultants
Assuming the effects of Shared Parking, the projected weekend day peak-hour parking
demand for the Development is 312 ± spaces; on the busiest weekend day annually. The
peak-hour demand, which is also projected to occur in May at 5:00 PM, is calculated using
the driving and non-captive ratios and presence factors (peak-hour adjustments) shown in
Table 5 on the following table. As shown, the projected peak-hour weekend day demand
represents a 22% or 88 space reduction from the unadjusted weekend day parking demand
projection.
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 46
Mr. Sean Walther
April 3, 2015
Page 8
Table 5: Peak-Hour Demand – Weekend Day (projected)
Source: Walker Parking Consultants
VARIANCE TO LOCAL ZONING CODE
When the projected peak-hour parking demand
(weekday in May at 5:00 PM) is compared to
Walker’s estimated zoning code requirement, a
negative variance of 28 ± spaces exists, as shown in
the inset table.
PARKING ADEQUACY
The term “Parking Adequacy” is defined as the ability
of the parking supply to accommodate the Design
Day peak-hour parking demand. A positive or
negative remainder when compared to the
proposed parking supply indicates a parking surplus
or deficit within the system, structure or lot.
Based on our analysis, when the proposed parking supply (339 spaces) is compared to the
peak-hour parking demand projection (331 ± spaces), a positive surplus of 8 ± spaces will
exist. Therefore, the parking supply proposed for the Development should adequately
accommodate the peak-hour parking demand projection, as shown in the inset table.
User Group Existing
Customer/Guest, All Uses 101
Employee, All Uses 230
Parking Demand (projected)331
Supply 339
Surplus/(Deficit)8
Parking Adequacy (projected)
Weekend Unadjusted Adjustment Pk Hr Adj Non Captive Drive Ratio May May
Land Use Demand May 5:00 PM Daytime Daytime 5:00 PM 7:00 PM
Specialty Grocery 104 100% 80%97% 100%81 34
Grocery Employees 14 100% 55% 100% 82%6 5
Residential Guests 19 100% 40% 100% 100%8 19
Residential 263 100% 85% 100% 97%217 244
Subtotal Customer/Guest 123 89 53
Subtotal Employee/Resident 277 223 249
Total Parking Spaces Required 400 312 302
% reduction 22%
Sub-Total Zoning Code Requirement 359
(less) Transit Rqeduction of 10%(11)
Total - Zoning Code Requirement 348
Shared Parking Peak-Hour 331
Surplus/(Deficit) Code vs. Shared Parking (28)
Variance to Zoning Code
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 47
Mr. Sean Walther
April 3, 2015
Page 9
CONCLUSION
Based upon Walker’s analysis of the land use data provided by the City, and the Shared
Parking model prepared for the 4900 Excelsior Boulevard mixed-use Development, the
following summarizes the results of our analysis.
o The projected weekday peak-hour parking demand is 331 ± spaces, on the busiest
weekday annually. This calculation is based upon the drive ratios, non-captive ratios
and peak-hour adjustments discussed throughout our report.
o When the projected peak-hour parking demand (331 ± spaces) is compared to
Walker’s estimate of the zoning code requirement (348 ±), a variance of 28 ± fewer
spaces is projected.
o When the proposed parking supply (339 spaces) is compared to the peak-hour
parking demand projection (331 ± spaces), a surplus of 8 ± spaces will exist.
o The parking supply proposed for the Development should adequately
accommodate the peak-hour parking demand projection.
In closing, we hope the enclosed analysis satisfies the scope of work anticipated for the 4900
Excelsior Boulevard engagement. Please call me at your convenience with any questions
or comments regarding the material provided for review.
Respectfully submitted,
Phill Schragal
Director of Operations Consulting
cc: Carl Schneeman – Walker Parking Consultants
C:\Users\schragal\Desktop\St Louis Park\Report\(1.0) Draft 4900 Excelsior_Shared Parking Analysis_040315.docx
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 48
Mr. Sean Walther
April 3, 2015
Page 10
SCOPE OF SERVICES
A. Meet with the City’s representative via teleconference to clarify study objectives,
define project parameters and review the proposed deliverable product and
schedule.
B. Obtain from the City’s representative detailed information regarding the land use
programming (i.e. square footage, type, etc.) All land use data should be provided
in square feet for retail entities, rooms for hotel Development and units (i.e. one-
bedroom, two-bedrooms and three-bedroom units, etc.) for residential components.
C. Discuss with the City’s representative anticipated peak patronage, visitation or
occupancy periods.
D. Prepare a Shared Parking Analysis employing the mixed use parking standards
established in Urban Land Institute’s Shared Parking to project the approximate
parking demand for the site.
E. In preparing the analysis, we will apply both month and time of day adjustments for
each land use to individual parking ratios to determine the approximate shared
parking demand for the Development site.
F. Summarize Walker’s findings in a draft letter report and submit to the City
representative for review and comment.
G. Obtain review comments from the City’s representative regarding the draft report.
H. Incorporate draft report comments into a final report and submit to the City’s
representative.
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 49
Mr. Sean Walther
April 3, 2015
Page 11
STATEMENT OF LIMITING CONDITIONS
1. This report is to be used in whole and not in part.
2. Walker’s report and recommendations are based on certain assumptions pertaining
to the future performance of the local economy and other factors typically related
to individual user characteristics that are either outside Walker’s control or that of the
client. To the best of Walker’s ability we analyzed available information that was
incorporated in projecting future performance of the proposed subject site.
3. Sketches, photographs, maps and other exhibits are included to assist the reader in
visualizing the property. It is assumed that the use of the land and improvements is
within the boundaries of the property described, and that there is no encroachment
or trespass unless noted.
4. All information, estimates, and opinions obtained from parties not employed by
Walker Parking Consultants are assumed to be true and correct. We assume no
liability resulting from misinformation.
5. None of this material may be reproduced in any form without our written permission,
and the report cannot be disseminated to the public through advertising, public
relations, news, sales, or other media.
6. We take no responsibility for any events or circumstances that take place subsequent
to the date of our field inspections.
7. We do not warrant that the projections will be attained, but they have been prepared
on the basis of information obtained during the course of this study and are intended
to reflect the expectations of a typical parking patron.
8. The numeric figures presented in this report were generated using computer models
that make calculations based on numbers carried out to three decimal places. In
the interest of simplicity, most numbers have been rounded to the nearest thousand;
therefore, these figures may be subject to small rounding errors.
9. This report was prepared by Walker Parking Consultants, and all opinions,
recommendations, and conclusions expressed during the course of this assignment
are rendered by the staff of Walker Parking Consultants as employees, rather than as
individuals.
10. The conclusions and recommendations presented were reached based on Walker’s
analysis of the information obtained from the client and our own sources. Information
furnished by others, upon which portions of this study may be predicated, is believed
to be reliable; however, it has not been verified in all cases.
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 50
November 2015
4900 Excelsior
Parking Management Plan
General Parking Plan
1. On site management will enforce parking policies in garage and on the surface lot.
2. Site and garage signs to designate parking for limited periods of time and specific uses
to help manage parking.
3. The City will manage on‐street parking, which may include signs to limit the duration of
parking for grocery customers, residential, and the general public.
Commercial Parking (Level 1)
1. Grocery customer parking is provided on the surface level (Level 1).
2. The following signage will be provided on the surface level:
“GROCERY CUSTOMER PARKING ONLY 7AM‐10PM DAILY
RESIDENTIAL GUEST PARKING PERMITTED 10PM‐7AM DAILY”
3. Residential guests will be required to register their vehicle with the residential
management office.
Residential Parking (P1 & P2)
1. All residents must park in underground garage (P1 & P2).
2. Access to the parking garage (on Park Commons to P1 level) will be signed “RESIDENTIAL
& GUEST PARKING”.
3. Access will be secured with a full garage door, operable via card reader for residents and
employees and a call box for residential guests.
4. The Grocery Employees will park on P1. The 20 stalls closest to the parking garage
entrance on P1 will be signed “GROCERY EMPLOYEE PARKING ONLY 6AM‐10PM DAILY”
5. Residential guests may park in the spaces marked “RESIDENTIAL GUEST” or overnight in
the spots marked “GROCERY EMPLOYEE PARKING ONLY 6AM‐10PM DAILY”.
6. Residential guests will be required to register their vehicle with the residential
management office.
7. All resident and grocery employee vehicles that have a key fob or card for access to the
underground garage will be registered with management.
8. Tandem stalls on P2 will be numbered (marked “# RESERVED”) and assigned to
residents.
9. No inoperable or storage vehicles allowed.
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 51
City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 52
SHEET 1 OF 1
N
R.T. DOC. NO.
C.R. DOC. NO.
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 53
4900 ExcElsior BoulEvard
07/07/2015
OVERSTORY
TREES (TYP)
SPA
GREENROOF
(TYP)
FIRE PIT AND
GRILL AREA
CLUB
FITNESS
YOGARAISED
DECK
CABANAS
DOG RUN
UNDERSTORY
TREES (TYP)
LEASING COMMON/
SUPPORT
PARK COMMONS DRIVE
EXCELSIOR BLVDQUENTIN AVEPRINCETON AVE SOUTHBOCCE
Site Plan
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 54
4900 ExcElsior BoulEvard
07/07/2015
PARK COMMONS DRIVE
EXCELSIOR BLVDQUENTIN AVEPRINCETON AVE SOUTHSite Plan
OVERSTORY
TREES (TYP)
UNDERSTORY
TREES (TYP)
GROCER
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 55
4900 ExcElsior BoulEvard
07/07/2015
Perspective from Excelsior Blvd & Quentin Ave
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 56
4900 ExcElsior BoulEvard
07/07/2015
Perspective from Park Commons Dr & Quentin Ave
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 57
4900 ExcElsior BoulEvard
07/07/2015
View of Proposed North Building Facade from Park Commons Drive
View of Proposed Parking Screen from Park Commons DriveDecorative Metal Screening at Parking Structures
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 58
4900 ExcElsior BoulEvard
07/07/2015
View from Park Commons Dr & Quentin Ave
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 59
4900 ExcElsior BoulEvard
07/07/2015
View from Excelsior Blvd & Princeton Ave S
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 60
4900 ExcElsior BoulEvard
07/07/2015
Green Roof Courtyards and Landscape
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 61
4900 ExcElsior BoulEvard
07/07/2015
Green Roof Courtyards and Landscape
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 62
4900 ExcElsior BoulEvard
07/07/2015
Green Wall Systems / Live Planted Walls
Vine growth over parking screen wall in Minneapolis Proposed Green Walls at Excelsior and Quentin
Green Wall System and Decorative Metal Screening at Parking Structure
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 63
4900 ExcElsior BoulEvard
07/07/2015
Walk-up Townhome Stairs and Landscaping
Landscaping at Walk-up Townhomes
Landscaping at Walk-up Townhomes
Proposed Walk-up Townhomes - View from Princeton Ave
Proposed Typical Walk-up Townhome - View from Princeton Ave
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD)Page 64
4900 ExcElsior BoulEvard
07/07/2015
November 22nd / January 20th - 9am November 22nd / January 20th - 10 am November 22nd / January 20th - 11 am
November 22nd / January 20th - 1 pm November 22nd / January 20th - 2 pmNovember 22nd / January 20th - 12 pm
November 22nd / January 20th - 3 pm
Shadowing at Wolfe Park Condominiums (4800 Park Commons Drive) - Neighboring Building to Northeast
Allowable Shadow Coverage starting Nov 22: 50%
Actual Shadow Coverage starting Nov 22: 29%
Shadowing at West Building of Excelsior and Grand (4756 Excelsior Boulevard) - Neighboring Building to East
Allowable Shadow Coverage starting Nov: 22: 50%
Actual Shadow Coverage starting Nov 22: 39%
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 65
City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 66
City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 67
City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 68
City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 69
City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 70
City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 71
City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 72
City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 73
5'
-0
"10'
-0
"10'
-0
"13'
-3
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/2
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-0
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-0
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-0
"4'
-0
"45'
-0
"00'
-0"1010'
-0
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-3
1
/2
"34'
BUILDING/ EXCAVATION AREA
266'-5"
20'-6"
25'-5"25'-1/2"13'-9 1/
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-2
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/2
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33'-9"
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CONSTRUCTION
LOAD
ING
ZONECONED OR
FENCED
IN
SHUT DOWN WEST PARKING LANE FOR CONSTRUCTION
TURN EAST PARKING LANE INTO MOVING LANE
KEEP ROAD OPEN MINIMUM WIDTH
FOR TWO WAY TRAFFIC
KEEP 4' MINIMUM PATH OPEN FOR EXCELSIOR SIDEWALK
SIDE WALK MAY NEED TO BE SHUT DOWN PERIODICALLY
CONTRACTOR'S STAGING DIAGRAM
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 74
11-30-2015City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 75
PUD SUBMITTAL
11-09-2015
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 76
REVISIONS DATENo.
DATE
DRAWN BY
CHECKED BY
COMMISSION NO.
CERTIFICATION
License Number
2014 BKV Group, Inc. EOEC
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Professional under
the laws of the State of Minnesota.
08-25-2015
Date
1990.01
BH
BH
A002
4900 Excelsior
FLOOR PLANS
PUD SUBMITTAL
11-09-2015
25 SHARED SPACES FOR
GROCERY EMPLOYEES AND
RESIDENTIAL GUESTS
TRASH AND RECYCLING AREA:
LEVEL P2: 740 SF
LEVEL 1: 430 SF
LEVEL 2: 35 SF
LEVEL 3: 35 SF
LEVEL 4: 35 SF
LEVEL 5: 35 SF
LEVEL 6: 35 SF
TOTAL: 1,345 SF
OFF-STREET PARKING
LEVEL P2: 69
LEVEL P1: 172
LEVEL 1: 66
TOTAL: 307
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 77
REVISIONS DATENo.
DATE
DRAWN BY
CHECKED BY
COMMISSION NO.
CERTIFICATION
License Number
2014 BKV Group, Inc. EOEC
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Professional under
the laws of the State of Minnesota.
08-25-2015
Date
1990.01
BH
BH
A003
4900 Excelsior
FLOOR PLANS
PUD SUBMITTAL
11-09-2015
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 78
REVISIONS DATENo.
DATE
DRAWN BY
CHECKED BY
COMMISSION NO.
CERTIFICATION
License Number
2014 BKV Group, Inc. EOEC
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Professional under
the laws of the State of Minnesota.
08-25-2015
Date
1990.01
BH
BH
A004
4900 Excelsior
FLOOR PLANS
PUD SUBMITTAL
11-09-2015
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 79
REVISIONS DATENo.
DATE
DRAWN BY
CHECKED BY
COMMISSION NO.
CERTIFICATION
License Number
2014 BKV Group, Inc. EOEC
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Professional under
the laws of the State of Minnesota.
08-25-2015
Date
1990.01
BH
BH
A005
4900 Excelsior
FLOOR PLANS
PUD SUBMITTAL
11-09-2015
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 80
REVISIONS DATENo.
DATE
DRAWN BY
CHECKED BY
COMMISSION NO.
CERTIFICATION
License Number
2014 BKV Group, Inc. EOEC
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Professional under
the laws of the State of Minnesota.
08-25-2015
Date
1990.01
BH
BH
A006
4900 Excelsior
RENDERING
PUD SUBMITTAL
11-09-2015
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 81
REVISIONSDATENo.DATEDRAWN BYCHECKED BYCOMMISSION NO.CERTIFICATIONLicense Number 2014 BKV Group, Inc. EOECI hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional underthe laws of the State of Minnesota.08-25-2015Date1990.01BHBHA0074900 ExcelsiorELEVATIONSSCALE: 3/32" = 1'-0"11-25-2015City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 82
REVISIONS DATENo.
DATE
DRAWN BY
CHECKED BY
COMMISSION NO.
CERTIFICATION
License Number
2014 BKV Group, Inc. EOEC
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Professional under
the laws of the State of Minnesota.
08-25-2015
Date
1990.01
BH
BH
A008
4900 Excelsior
ELEVATIONS
SCALE: 3/32" = 1'-0"
PUD SUBMITTAL
11-09-2015
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 83
REVISIONS DATENo.
DATE
DRAWN BY
CHECKED BY
COMMISSION NO.
CERTIFICATION
License Number
2014 BKV Group, Inc. EOEC
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Professional under
the laws of the State of Minnesota.
08-25-2015
Date
1990.01
BH
BH
A009
4900 Excelsior
ELEVATIONS
SCALE: 3/32" = 1'-0"
PUD SUBMITTAL
11-09-2015
City Council Meeting of December 7, 2015 (Item No. 8b)
Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 84
EGRESS FROMLEVEL 2-6EGRESS FROMLEVEL 2-6EXIT (1)EXIT (2)EGRESS FROMLEVEL 2-6EXITEXITEXIT11-30-2015City Council Meeting of December 7, 2015 (Item No. 8b) Title: 4900 Excelsior – Final Plat and Final Planned Unit Development (PUD) Page 85